Town of North Castle, NY Supplementary Regulations

Every building hereafter erected shall be located on a lot as herein defined, and except as herein provided, there shall be no more than one main building and its accessory buildings on one lot, except for multifamily and nonresidential buildings in districts where such uses are permitted.

Where a dwelling unit for a servant or servants is established as an accessory building, such building shall be located so that the site upon which it is situated could, in the opinion of the Planning Board, be subdivided in the future from the remainder of the parcel in such a way as to create a separate conforming lot for each dwelling unit, and provided further that each such dwelling unit shall comply with all other applicable requirements of this chapter.

Yard and open space for every building. No yard or other open space provided about any building for the purpose of complying with the provisions of this chapter shall be included as any part of the yard or open space for any other building; no yard or any other open space on one lot shall be considered as a yard or open space for a building on any other lot.

Subdivision of a lot. Where a lot is formed hereafter from the part of a lot already occupied by a building, such separation shall be effected in such manner as not to impair conformity with any of the requirements of this chapter with respect to the existing buildings and all yards and other required spaces in connection therewith, and no permit shall be issued for the erection of a building on the new lot thus created unless it complies with all the provisions of this chapter.

Oversize lots. A lot which does not conform to one or more of the minimum dimensional requirements of this chapter for the district in which it is located, but contains within its boundaries the potential outlines for a lot which would conform to all of the applicable requirements of this chapter, shall be deemed to be a conforming lot within the meaning of this chapter.

Irregularly shaped lots. Where a question exists as to the proper application of any of the requirements of this chapter to a particular lot or parcel because of the peculiar or irregular shape of the lot or parcel, the Board of Appeals shall determine how the requirements of this chapter shall be applied.

Lots underwater or subject to flooding. No more than 25% of the minimum area requirement of a lot may be fulfilled by land which is underwater or subject to flooding. Land which is underwater that is open to use by persons other than the owner of the lot shall be excluded entirely from the computation of the minimum area of that lot. For the purposes of this section, land in the bed of a stream not exceeding five feet in width at mean water level, land in any pond not exceeding 300 square feet in area and land in any pond created subsequent to the creation of the lot shall not be considered as "underwater."

Required street frontage. No building permit shall be issued for any structure unless the lot upon which that structure is to be built has at least the amount of frontage required in the district in which the lot is located on a street which has been suitably improved to Town road or private road standards, or a bond posted therefor, all in accordance with the provisions of § 280-a of the Town Law.

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

Lots not conforming to area, frontage or other dimensional requirements. A building permit may be issued for the creation of a structure on a lot or parcel that does not conform to the area, frontage or other dimensional requirements of this chapter only when a valid conveyance has been signed and the conveyance recorded prior to the adoption of this chapter. In addition, the lot must have met the zoning requirements in place at the time the deed to the lot was recorded. All yard setbacks and other requirements which are in effect at the time of the obtaining of the building permit must be complied with, insofar as is feasible. However, if the owner of the lot owns a contiguous lot or lots, then the other lot or lots or so much thereof as may be necessary shall be merged with the nonconforming lot in order to bring that lot into conformance or, to as great an extent as is practical, to reduce or eliminate any nonconformities that may exist on any of the lots. At that time, a building permit may be issued for construction on the newly created lot.

Parts of lot not counted toward area requirements. For any lot created by subdivision subsequent to the effective date of this chapter, no part of such lot less in width than 1/2 of the minimum requirement for the district in which it is located shall be counted as part of the minimum required lot area, except where such insufficient width is the result of the Planning Board having modified the frontage requirement of a lot abutting a turnaround terminating a dead-end street.

Average density subdivisions. Simultaneously with the approval of a subdivision plat for property in any single-family residence district and pursuant to § 281 of the Town Law, at the request of the applicant, the Planning Board is authorized to modify the zoning regulations with respect to lot area and dimensions, provided that the average size of all lots shown on the subdivision plat shall be equal to or greater than the permitted minimum lot area in such district, and that there shall not be a greater average density of population, or cover of the land with more buildings or building coverage than is permitted in such district, and further provided that no lot shall have less than 80% of the minimum area and dimensions required for lots in such district. For the purpose of this section, "average density" shall be determined by the number of single-family residences which could be built under the zoning district standards contained in this chapter in full conformity with the Town's Land Subdivision Regulations[1] and all other applicable requirements. The basis for this determination by the Planning Board shall be a conventional preliminary subdivision plat for the subject property.

Editor's Note: See Ch. 275, Subdivision of Land.

Special setback requirements. In order to assure that all new development in residence districts is appropriately located on the individual lots so as to achieve the purposes established in Article I of this chapter, the Planning Board is hereby authorized to establish special setback requirements for all structures in residence districts. Such special setback requirements may be established where the Planning Board has determined that the minimum setback requirements established for the particular residence district in which a lot is located would, alone, be inadequate to assure the appropriate relationship of buildings to sites, other buildings, adjacent properties or roads. Such special setback requirements shall in no case be less than the existing setback requirements for the specified district in which such lot is located. In determining whether such special setback requirements should be required, the Planning Board shall utilize the following criteria:

The presence on the site of unique natural resources, including, but not limited to, controlled areas as defined in the Town Wetlands and Drainage Law,[2] steep slopes and rock formations, unique vegetation and areas of wildlife habitat.

Editor's Note: See Ch. 340, Wetlands and Watercourse Protection.

The presence on the site of unique cultural resources, including, but not limited to, buildings, structures, stone walls or artifacts of architectural, historical or archaeological value.

The presence on the site of unique aesthetic features, including but not limited to views and vistas.

The relationship of the property to adjoining and nearby properties, buildings and structures.

Lots made dimensionally nonconforming as a result of the adoption of the rezoning local laws of 2006. Any lawfully existing lot which met the minimum dimensional requirements of the zoning district in which it was located prior to the adoption of local laws of 2006 but was made dimensionally nonconforming as a result of the adoption of said local laws may continue to be used and developed as a single lot in accordance with the dimensional requirements of the zoning district in which said lot had previously been located. Notwithstanding the foregoing, the Planning Board may still require special setbacks, as provided elsewhere in this chapter, if said Board determines such to be appropriate.

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

§ 355-15 Yard improvements; building projections.

Terraces. A paved terrace shall not be considered in the determination of floor area ratio or yard requirements; provided, however, that such terrace is without roof, awnings, screens, walls, parapets or other forms of enclosure. Such terrace, however, may have a guard railing, low wall or fence, but such terrace shall not project into any yard to a point closer than five feet from any lot line.

[Amended 12-13-2006 by L.L. No. 28-2006]

Porches, carports and garages. No porch may project into any required yard. Any two-story or enclosed porch or garage, or one having a roof and capable of being enclosed, shall be considered a part of the building in determining the yard requirements, the amount of lot or building coverage and/or, except for garages, the gross floor area.

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

Projecting horizontal features. Features such as window sills, steps, belt courses, chimneys, cornices, eaves or bay windows may project up to three feet into any required yard, but not nearer than eight feet to the lot line in any case, provided that the area of such architectural features on any wall shall not exceed 1/4 the area of said wall.

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

Fire escapes. Open fire escapes may extend into any required yard.

Projecting features above the roof level. The height limitations of this chapter shall not apply to flagpoles, antennas, church spires, belfries, cupolas and domes not used for human occupancy. They shall not apply to chimneys, ventilators, skylights, solar energy collectors, water tanks, bulkheads or similar features and necessary mechanical appurtenances usually carried above the roof level, provided that such features shall be screened in a manner approved by the Architectural Review Board and shall be erected only to a height necessary to accomplish the purpose they are intended to serve, but shall not extend more than nine feet above the roof without the approval of the Board of Appeals, except that such features may extend no more than 12 feet above the roof without the approval of the Planning Board in the DOB-20A Zoning District or without the approval of the Board of Appeals in any other zoning district for buildings of 100,000 square feet or more and, except for solar energy collectors, that the total area covered by such features shall not exceed 15% (20% for buildings of 100,000 square feet or more) of the area of the roof on which they are located.

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

Parapet walls. The provisions of this chapter shall not apply to prevent the erection above the building height limit of a parapet wall or cornice for ornament and without windows extending above such height limit less than five feet.

Walls and fences.

[Amended 4-22-1993 by L.L. No. 2-1993]

The yard and height requirements of this chapter shall not be deemed to prohibit any retaining wall. However, any retaining wall over six feet in height shall require approval of the Planning Board.

[Amended 2-11-2009 by L.L. No. 2-2009; 2-16-2011 by L.L. No. 1-2011; 10-7-2015 by L.L. No. 8-2015]

This chapter shall not prohibit any fence or wall, subject to applicable permits and reviews by the Town, provided that the finished side of such fencing or wall shall face the exterior of the property as defined by the property line, and provided that such fence or wall does not exceed six feet in height. All mesh deer fencing and driveway gates and piers shall require a building permit. Mesh deer fencing exceeding six feet in height and driveway entry piers and gates exceeding six feet in height shall be permitted to reach a height of eight feet, except that deer fencing over six feet in height shall not be permitted within 25 feet of the front property line.

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

Retaining walls.

Purpose. The intent of these regulations is to regulate retaining walls in excess of six feet in height so that any walls in excess of six feet in height are aesthetically pleasing, are compatible with the surrounding residential character, are not detrimental to public health, safety, or general welfare and do not impair the utility or value of property of other persons located in the vicinity of the site.

Retaining walls in excess of six feet in height shall be subject to the following requirements, notwithstanding any other provisions of this chapter:

[a]

Demonstration, to the satisfaction of the Town Engineer, ensuring stability against overturning, sliding, lateral soil loads, water uplift, and acceptable soil resistance at the base of the retaining wall.

[b]

Depiction of setback dimensions from all property lines and existing structures to all proposed retaining walls.

[c]

Depiction of existing and proposed contour elevation lines in two-foot increments.

[d]

Submission of an erosion and sediment control plan to the satisfaction of the Town Engineer.

[e]

A landscaping plan, which, at a minimum, shall include all proposed ground cover, plants, shrubs, trees, and all fences, including location and setbacks from property lines.

[f]

No retaining wall shall obstruct visibility at any intersection.

[g]

No retaining wall in excess of six feet shall be placed in a location where the wall would create an unacceptably negative visual impact upon an adjacent property and where it cannot be suitably screened to the satisfaction of the Planning Board.

[h]

All retaining walls shall be designed so as not to modify or alter existing drainage patterns.

[i]

Excavation needed for the placement, location and design of a retaining wall shall not undermine the grade of the adjacent property.

[j]

Retaining walls shall be constructed with materials and designs which reflect the character of the immediate neighborhood.

[k]

A guardrail for protection from fall from the top of retaining walls may be required. If required, such guardrail shall be constructed with materials and designs which reflect the character of the immediate neighborhood and shall be designed in accordance with all applicable building codes.

No barbed wire fence or similar fence shall be erected in a residential district, nor shall such a fence be erected without site plan approval, subject to Subsection G(6) of this section. No tarpaulin or sheet fence or similar fence shall be permitted to be erected. Any nonconforming tarpaulin or sheet fence or similar fence which lawfully existed at the time Local Law No. 6-2014 became effective shall be removed within three months from the date of its passage.

[Amended 11-5-2014 by L.L. No. 6-2014; 11-18-2015 by L.L. No. 9-2015]

No fence or portion of any fence that is designed to produce an electric shock and is electrified by means other than a battery shall be permitted, except that so-called "invisible fences," which are buried underground and designed to emit a radio transmission for the purposes of keeping pets that are wearing a special radio receiver collar within a confined area, shall be permitted.

Nothing in this subsection shall be deemed to require a permit for the erection or maintenance of either a battery-powered electrified fence or a nonelectrified fence enclosing a vegetable garden accessory to a residential use in a residential district, provided that the fence encloses only a seasonally operated vegetable garden for personal use, no part of such a fence exceeds six feet in height and no part of such fence is located within any required setback area.

Nothing in this subsection shall be deemed to require a permit for buried invisible fences accessory to a residential use in a residential district.

A building permit shall be required for all fences. Additionally, site plan approval shall be required for any fence in any nonresidential district or accessory to any nonresidential use.

[Amended 10-7-2015 by L.L. No. 8-2015[1]]

Editor's Note: This local law also repealed former Subsection G(7), regarding applications for fences in nonresidential districts or accessory to nonresidential uses, which immediately followed this subsection.

Visibility at intersections. On a corner lot, no fence, wall, hedge or other structure or planting more than three feet in height shall be erected, placed or maintained within the triangular area formed by the intersecting street right-of-way lines and a straight line joining said street right-of-way lines at points which are 30 feet distant from the point of intersection, measured along said street right-of-way lines. The height of three feet shall be measured above the road surface at the nearest edge of road travelled way. This subsection shall not apply to existing trees, provided that no branches are closer than six feet to the ground.

Corner lots. On any corner lot, except in an R-5 District, there shall be provided a side yard on the side street equal in depth to the required front yard on said lot.

Exception for existing alignment of buildings. If on one side of a street within 250 feet of any lot there is pronounced uniformity of alignment of the fronts of existing buildings and of the depths of front yards greater or less than the depth specified in the Schedule of District Regulations,[2] a front yard shall be required in connection with any new building which shall conform as nearly as practicable to those existing on the adjacent lots, except that no such building shall be required to be set back from the street a distance greater than 75 feet.

Editor's Note: The Schedules of District Regulations are included as attachments to this chapter.

Awnings. No awning or similar weather-shielding feature projecting beyond the property line of any lot into the sidewalk portion of a street shall be erected or maintained on any building, unless such awning or feature shall be firmly attached to the building and is at all points at least eight feet above the sidewalk area.

Swimming pools. All swimming pools shall be considered structures and shall be set back from lot lines at least the minimum distance required for a principal building in the district in which it is located, except that a swimming pool shall not be located in a front yard unless it is set back at least three times the distance required for a principal building and unless the lot area is equal to at least three times the minimum required. The minimum required setbacks established for swimming pools shall also apply to cabanas and decks or terraces surrounding said pool, as well to all structures and mechanical equipment or other appurtenances related to the pool's use and operation. In addition, such pools shall conform to the requirements of the New York State Uniform Fire Prevention and Building Code.

[Amended 12-13-2006 by L.L. No. 28-2006; 11-18-2015 by L.L. No. 9-2015]

Landscaping, screening and buffer areas. All portions of multifamily and nonresidential properties which are not used for locations for buildings, structures, off-street parking and loading areas, sidewalks or similar purposes shall be suitably landscaped and permanently maintained with planting of trees and shrubbery, in accordance with specifications approved by the Planning Board as part of the site plan, so as to minimize erosion and stormwater runoff and harmoniously blend such uses with the residential character of the Town as a whole.

On all multifamily and nonresidentially developed properties, a landscaped buffer area shall be required to screen and protect neighboring residential properties from the view of uses and parking areas on the site.

It shall be at least 10 feet in depth along any lot line abutting or directly across the street from a lot in a residence district.

It shall be of evergreen planting of such type, height and spacing as, in the judgment of the Planning Board, will effectively screen the activities on the lot from the view of persons standing on adjoining properties. The plan and specifications for such planting shall be filed with the approved plan for the use of the lot.

A wall or fence, of location, height and design approved by the Planning Board, may be substituted for the required planting.

Where the existing topography and/or landscaping provides adequate screening, the Planning Board may modify the planting and/or buffer area requirements.

Maintenance. All planting shown on an approved site development plan or special permit plan shall be maintained in a vigorous growing condition throughout the duration of the use, and plants not so maintained shall be replaced with new plants at the beginning of the next immediately following growing season.

Exterior lighting. All exterior lighting accessory to a multifamily or nonresidential use, and all lighting of recreational facilities accessory to a residential use, including the lighting of signs, shall be of such type and location and shall have such shielding as will prevent the source of the light from being seen from any adjacent residential property. Hours of lighting may be limited by the Planning Board in acting on any site development plan. Where site development plan approval is not required, the Building Inspector shall refer the building permit application to the Town Engineer, who may limit the hours of lighting as a condition of building permit approval.

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

Refuse disposal. Adequate facilities for disposal of refuse shall be provided in all districts. No incinerators shall be permitted. In multifamily and nonresidential districts, all refuse disposal units or locations for deposit must also be screened from view and designed in such fashion as to be fireproof and to prevent access by rodents and blowing away of refuse.

Dish antennas. Satellite dish antennas shall be permitted as an accessory use in any zoning district, subject to the following requirements. A property owner may appeal to the Zoning Board of Appeals pursuant to § 355-77B(3) if he believes that conformance with any of the provisions of this subsection will result in practical difficulty or unnecessary hardship which would deprive him of the reasonable use of his property.

All dish antennas installed prior to the effective day of this chapter shall be registered with the Building Inspector within three months of the effective date of this chapter and shall be brought into compliance with Subsection P(3), (4), (5), (10) and (11) within one year of the effective date of this chapter.

Dish antennas shall be located in an area which will most mitigate their observation from surrounding properties.

Dish antennas shall not be located in any front yard and shall comply with all rear and side yard setback requirements.

A freestanding dish antenna shall be screened from its back and sides when possible and practicable in light of the purchase and installation cost of the equipment, through the use of architectural features, earth berms, landscaping or other screening which will harmonize with the character of the property and surrounding area.

Dish antennas may only be painted black, grey, brown or green. The paint shall not be fluorescent or reflective.

Where a dish antenna is to be installed on a pitched roof, it shall be installed on that side of the pitched roof not facing any public or private road. Where a dish antenna is to be installed on a flat roof, it shall be installed on that portion of the roof which is least visible from any public or private road.

(7)

The height of a dish antenna shall be measured vertically to the highest point of the antenna when positioned in its most vertical position.

(8)

A freestanding dish antenna shall not exceed 15 feet in height above ground level. A dish antenna located on a building shall not exceed 12 feet in height measured from the point of building attachment.

(9)

A dish antenna shall not exceed 11 feet in diameter.

(10)

Any solid fiberglass dish antenna three feet or greater in diameter installed on a roof shall be considered a structure as defined in § 355-4 of this chapter and shall require a building permit and a certificate of compliance issued by the Building Inspector.

(11)

Any dish antenna greater than eight feet in diameter or greater than eight feet in height shall be considered a structure as defined in § 355-4 of this chapter and shall require a building permit and a certificate of compliance issued by the Building Inspector.

(12)

Any dish antenna greater than 11 feet in diameter or greater than 15 feet in height above ground level, or greater than 12 feet in height measured from the point of building attachment, shall be considered a structure as defined in § 355-4 of this chapter and shall require a building permit issued by the Building Inspector. The Building Inspector shall refer any application for a building permit for a dish antenna pursuant to this section to the Architectural Review Board for review and approval subject to the requirements of this chapter and Chapter 12, Article III, Architectural Review Board, of the Town Code.

Power generators, noise-producing equipment and aboveground fuel tanks. All power generators, noise-producing equipment and aboveground fuel tanks shall be subject to the following requirements, except for preexisting installations:

[Added 12-13-2006 by L.L. No. 28-2006; amended 4-8-2015 by L.L. No. 4-2015]

Such equipment shall comply with all minimum setback requirements as applicable to accessory structures.

Such equipment shall not be permitted to be located within any front yard unless it is set back at least three times the distance required for a principal building.

All such equipment shall be screened and fenced as required by the Building Inspector.

"Exercise time" for such equipment shall be limited to weekdays between the hours of 9:00 a.m. and 5:00 p.m.

§ 355-16 Signs.

Conformity required. No sign or billboard shall be erected, constructed, displayed, maintained, moved, reconstructed, extended, enlarged or structurally altered, except in conformity with and as expressly authorized by the provisions of this chapter.

Relationship to a permitted use. All signs must pertain to a use conducted on the same property on which they are located. In OB, DOB-20A, PBO-2A, PBO, PLI, RELIP and IND-AA Districts, signs shall give only the name of the occupant or company occupying the premises and/or the name of the industrial park.

General regulations.

Window signs. Except as required by law or as otherwise permitted in this section, no signs or other advertising material shall be affixed on either the interior or exterior of any glass surface.

Directional signs. In addition to other permitted signs, necessary small directional signs are permitted on access roads and parking areas, provided that the area of each sign shall not exceed one square foot, except in an OB District where it shall not exceed six square feet.

Placement. No sign shall be so located as to obscure a sign displayed by public authority for the purpose of giving traffic instruction or directions or other public information; be placed in such a way as to obstruct proper sight distance or otherwise interfere with pedestrian or traffic flow; or be so located as to interfere with the access of light or air. No sign shall be attached to a utility pole or to a live tree.

Setback. In districts where required front yard setbacks exceed 100 feet, one freestanding identification sign shall be permitted at each access drive, provided that:

The property on the opposite side of the street is not in residential use.

The area of the sign does not exceed 30 square feet.

The height of the sign does not exceed 10 feet, measured from road grade or ground level at the sign.

Motion. No sign shall be of a type that has the whole or any part in motion by rotating, fluttering or any other means.

Illumination. Signs may be illuminated, provided such illumination shall not be twinkling, flashing, intermittent or of changing degrees of intensity; nor shall any illumination tubing or strings of light outline rooflines, doors, windows or wall edges of any building; nor shall the source of such illumination, i.e., the light bulb itself, be visible beyond the boundaries of the lot on which it is located.

(7)

Temporary signs.

[Amended 12-8-2005 by L.L. No. 10-2005]

Temporary signs shall be erected for a period not to exceed 30 consecutive days, except as noted below, and shall be removed by the owner when specified or shall be removed by the Town at the property owner's expense.

The following temporary signs shall be permitted:

One "for sale," "for rent" or "sold" sign, placed by the owner or sales agent of the property, and not exceeding six square feet in area and set back at least 10 feet along the frontage of each street upon which the property is located. Such signs shall be removed from the property 10 days following the sale or rental of the property.

Not more than one temporary sign for each street frontage of the lot, identifying the architect, engineer and/or contractor, and not exceeding six square feet in area in residential districts and 32 square feet in nonresidential districts, shall be permitted during the course of construction.

[3]

Temporary signs appertaining to and displayed only during campaigns, drives or events of civic, philanthropic, educational or religious institutions.

Temporary signs shall not be erected on public property on or over a public right-of-way unless authorized by resolution of the Town Board. The Town Board has authorized signs for three community-based not-for-profit annual events: the Armonk Art Show, the Armonk Fol-de-Rol and the Historical Society Antique Show, subject to the conditions set forth below:

All temporary signs shall be erected subject to the approval of the Building Inspector and, if proposed to be erected within the public right-of-way, of the Highway Department.

Temporary signs shall not be illuminated or contain any luminous or reflective material and shall not be attached to fences, utility poles and their appurtenances or live trees.

(8)

Maintenance. All signs and components thereof shall be kept in good repair and in safe, neat, clean and attractive condition.

(9)

Removal of signs. The property owner shall remove or cause to be removed all signs related to nonresidential uses within one month of the time premises are vacated, except signs as regulated in Subsection C(7)(b).

Permits. A sign shall be considered a structure, and a building permit shall be obtained for the erection, relocation or structural alteration of any sign. A building permit shall be required for any temporary sign exceeding one square foot in area and intended for display for more than seven days. Temporary signs of one square foot in area or less and intended for display for seven days or less may be erected on private property without a permit. Site plan approval shall be required for any sign which pertains to a use for which site plan or special permit approval is required.

Permit fee. Every applicant for a permit, before being granted such permit, shall pay to the Building Inspector a fee in such amount as set forth in the Master Fee Schedule.[1] No temporary sign permit fee shall be required of any nonprofit organization.

[Amended 8-14-2013 by L.L. No. 7-2013]

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

Site plan approval. In connection with its action on a site plan application, the Planning Board shall consider the relationship of each sign to the safety and convenience of the public.

Referral to Architectural Review Board. The Planning Board shall refer all sign plans to the Architectural Review Board for approval of sign, type, size, color, illumination and location, as a condition of site plan approval. The Architectural Review Board may approve, conditionally approve subject to specified modifications or disapprove any applications referred to it, provided that the Board finds that the sign for which a permit was applied would, if erected or painted, be detrimental to property values or the harmonious development of the surrounding area for one or more of the following reasons:

A type or quality of design distinctively out of character with existing development in the affected vicinity;

A sign out of scale with outer signs upon surrounding buildings, or with architectural detail of surrounding buildings;

Colors which cover so large an area of the sign and which at the same time are so in conflict with the colors of the surrounding buildings as to appear out of place;

Lighting so intense and bright as to cause undue glare; or

Location in conflict with the character of the affected vicinity as established by conforming existing development, or as clearly intended by the nature of other applicable zoning regulations.

Coordinated signage plan. The Planning Board may propose, in consultation with the Architectural Review Board, a coordinated signage plan, for any area or areas of the Town, to serve as a guide for each individual establishment within said area. In areas where such an overall plan has not been prepared, the Planning Board may require, in conjunction with an application for site plan approval involving two or more establishments, the submission of a signage plan for such area, which plan shall include but is not limited to material, color, texture, lighting, dimensions, location and style of lettering.

Signs in residence districts. In residence districts, in conformance with all other regulations of this chapter, signs are hereby permitted as follows:

One sign, not exceeding two square feet in area, giving the name of the property and/or occupant, and any profession or occupation permitted as an accessory use on the lot.

For governmental and special permit uses, one sign at each street frontage where the use has an access drive, provided that the total area of such signs does not exceed 30 square feet and no one sign exceeds 15 square feet in area.

No sign exceeding two square feet in area shall be located nearer than five feet to any property line.

Signs in nonresidential districts. In nonresidential districts, in conformance with all other regulations of this chapter, signs are hereby permitted as follows:

Area.

[Amended 4-22-1993 by L.L. No. 2-1993]

District	Maximum Area of Building Sign	Maximum Area of Freestanding Sign
SC	2 square feet for each linear foot of the front wall of the building, but not over 300 square feet; height including background shall not exceed 3 feet	20 square feet plus 1 square foot for each 3 linear feet that the front wall of the building exceeds 50 feet in length, but not over 100 square feet
NB	Total sign area, including both building signs and freestanding signs, shall not exceed 150 square feet	20 square feet
CB-A and CB-B	2 square feet for each linear foot of the front wall of the building, but not over 50 square feet	10 square feet
CB and RB	2 square feet for each linear foot of the front wall of the building, but not over 300 square feet	20 square feet plus 1 square foot for each 3 linear feet that the front wall of the building exceeds 50 feet in length, but not over 100 square feet
GB	2 square feet for each linear foot of the front wall of the building, but not over 50 square feet	10 square feet
OB	30 square feet	30 square feet, and no dimension over 10 feet
RO	4 square feet	8 square feet
PBO-2A	30 square feet	10 square feet
PBO and RELIP	25 square feet	10 square feet and 5 feet in length
PLI	2% of the area of the building wall on which it is mounted or 20 square feet, whichever is greater, except as permitted in Subsection F(9)	10 square feet and 5 feet in length
IND-AA	10 square feet and 5 feet in length	10 square feet and 5 feet in length
IND-A	2 square feet for each linear foot of the front wall of the building but not over 150 square feet; height including background shall not exceed 3 feet	20 square feet plus 1 square foot for each 3 linear feet that the front wall of the building exceeds 50 feet in length, but not over 100 square feet
DOB-20A	25 square feet	40 square feet and not over 10 feet on any side

Number of signs, letter size and height of freestanding signs.

[Amended 4-22-1993 by L.L. No. 2-1993]

District	Maximum Number of Signs	Maximum Vertical Letter Size (feet)	Maximum Height of Freestanding Sign (measured from the top of the sign) (feet)
SC	2 building signs; 1 freestanding sign on each street frontage of the lot	2.5	20
NB	2 building signs; 1 freestanding sign at the vehicular entrance to the site	2.5	10
CB-A and CB-B	1 or as determined in accordance with Subsection D(4)	2	6
CB and RB	2 building signs; 1 freestanding sign on each street frontage of the lot	2.5, except that the first letter or symbol may not exceed 4	20
GB	1 or as determined in accordance with Subsection D(4)	2	6
OB	2	—	12
RO	1 building sign; 1 freestanding sign	1	5
PBO-2A	1 building sign; 1 freestanding sign	2, except that the first letter or symbol may not exceed 4	12
PBO	1 building sign; 1 freestanding sign	2	10
RELIP	1 building sign and 1 freestanding sign in addition to that permitted in Subsection F(3)	2, except as permitted in Subsection F(9)	4, except as permitted in Subsection F(3)
PLI	1 building sign, except as permitted in Subsection F(9), and 1 freestanding sign in addition to that permitted in Subsection F(3)	—	4, except as permitted in Subsection F(3)
IND-AA	1	—	12
IND-A	2	2.5	20
DOB-20A	2	2	6

Industrial parks. In PLI and RELIP Districts, for each industrial park subdivision which includes at least one new road, the following signs are permitted in addition to all other permitted signs:

One freestanding directory sign, not exceeding 40 square feet in area nor 10 feet in any dimension and, measured from the top of the sign, no more than 12 feet above ground level. Any such sign shall be located at or near the entrance of the new road to the main road.

One freestanding park name sign not exceeding 25 square feet in area nor 20 feet in length. Measured from the top of the sign, the height shall not exceed six feet above ground level.

Building sign type. In PBO-2A, PBO, PLI and RELIP Districts, building signs shall be mounted on and parallel to the wall of the building.

Multitenanted buildings. In multitenanted buildings, the allowable sign area shall be divided among the tenants, in shares proportionate to the amount of the building used. These shares shall be transferable. In addition, one nameplate, not exceeding four square feet in area, may be affixed to the building wall adjacent to each tenant's principal entrance door or alternatively applied to the door itself; and a second nameplate, not exceeding two square feet in area, may be similarly located at each tenant's freight or service entrance, if such entrance exists.

Building sign height. No sign shall be placed on the roof or shall project above the walls of the structure on which it is placed, except in CB and RB Districts, where a sign may project not more than two feet above the top of the exterior wall at the location of the sign.

(7)

Building sign projection. In PBO-2A, CB and RB Districts, no building sign shall extend more than nine inches from the face of the building upon which it is attached.

(8)

Placement. Except in CB, CB-A and RB Districts, no sign shall face and be readable from any lot line of an adjoining lot which is in residential use and in a residence district.

(9)

Motel signs. For a motel use, a maximum of three signs shall be permitted, with a maximum combined area of 160 square feet. No letter or symbol shall exceed five feet in height, nor may any one sign exceed 80 square feet in area.

Nonconforming signs. Every sign which is made nonconforming by this chapter shall be discontinued and removed, or changed to conform to the standards of this chapter, within a period of 18 months from the date of notification of nonconformity by the Building Inspector. Any preexisting nonconforming sign shall be subject to the removal or discontinuance provisions of the ordinance which made it nonconforming.

§ 355-17 Utilities.

In order to achieve greater safety and improved appearance, where new streets are to be constructed in connection with a subdivision, all electric, telephone, cable television and other wires and equipment for providing power and/or communication shall be installed underground in the manner prescribed by regulations of the state, local and/or utility company having jurisdiction. This requirement shall apply to both new distribution cables along the new street and to the new service wires from the street to the new buildings. For buildings to be built on existing streets with existing aerial wires, the Planning Board may, at its option, require, as a condition of subdivision or site plan approval, that all wires from the street to the building be buried underground. Where compliance with this section is determined by the Planning Board to be not feasible, the Board may waive this requirement or require, as a condition of subdivision or site plan approval, the posting of a bond or other suitable legal agreement covering the cost of such improvements at such time as the Planning Board may determine it to be feasible.

§ 355-18 Hilltops, ridgelines and steep slopes.

[Amended 12-13-2006 by L.L. No. 27-2006]

Findings and legislative intent.

There are approximately 2,470 acres of steep slopes (25% or greater) in the Town of North Castle. For the most part, these slopes are vegetated and have been stabilized by nature over a period of time. The verticality of steep slopes, and the elevation and visibility of hilltops and ridgelines, makes them significant visual features of the landscape, thereby contributing to North Castle's attractive semirural character and property values.

The regulations in this section are intended to prevent, to the maximum degree reasonably feasible, future development upon steep slopes, hilltops and ridgelines in all zoning districts, thereby:

Minimizing erosion and sedimentation, including the loss of topsoil;

Preventing habitat disturbance;

Protecting against possible slope failure and landslides;

Minimizing stormwater runoff and flooding;

Providing safe and stable building sites;

(f)

Protecting the quantity and quality of the Town's surface and groundwater resources;

(g)

Protecting important scenic vistas, rock outcroppings and mature vegetation;

(h)

Preserving the Town's attractive semirural character and property values; and

(i)

Otherwise protecting the public health, safety and general welfare of the Town of North Castle and its residents.

Approval required. In any zoning district, no steep slope area, as defined herein, hilltop or ridgeline shall be disturbed in any manner, except as may be necessary to protect life or property in the event of an emergency, unless a disturbance permit shall have been granted by the Building Department or unless such disturbance permit is granted by the Planning Board pursuant to a request by the Residential Project Review Committee (RPRC) or an approved site plan, special permit, subdivision or variance. In connection with an application for such a permit, or in connection with any application for a building permit, site plan, subdivision, special use permit or variance, the applicant shall submit information indicating the location of any areas of steep slope on the subject property and any hilltop or ridgeline which is visible from any public street or other public property. The approval authority shall not grant the necessary permit or approval if there is another alternative which, in the sole opinion of the approval authority, is reasonable and practical and would help to preserve the steep slope, hilltop or ridgeline. If, however, the approval authority determines that some disturbance of such feature is necessary or appropriate, said authority may permit such disturbance, provided that the nature and extent of the disturbance is limited to the minimum amount practicable, consistent with the legislative intent of this section, and further provided that appropriate design and engineering techniques are employed which serve to minimize any potential environmental impacts. Any existing development which is located on a steep slope, hilltop or ridgeline is hereby determined to be conforming and to have the required permit, provided it is otherwise lawfully in existence on the effective date of this section.

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

Standards and requirements.

The nature and extent of steep slope disturbance shall be minimized through appropriate and harmonious site design and engineering techniques, such as retaining walls, which respect and protect natural landforms and environmental features.

The removal of vegetation or the construction of buildings or other structures in publicly visible locations on hilltops or along ridgelines shall be permitted only if the natural visual quality of such features is appropriately protected, as determined by the approval authority.

A stormwater pollution prevention plan (SWPPP) pursuant to Chapter 267 of the Town Code shall be submitted.

[Amended 12-19-2007 by L.L. No. 22-2007]

A plan for the protection of groundwater resources shall be submitted, if the approval authority determines that the same may be potentially affected by the proposed development as a whole or any part thereof.

A plan for appropriate landscaping and revegetation designed to minimize any potential impacts on scenic views and vistas or to wildlife habitat, as well as to assure the long-term stability of any remaining areas of steep slope, shall be submitted.

Additional materials as may be required by the approval authority shall also be submitted describing any other mitigative design features to be incorporated within the proposed development.

§ 355-19 Scenic roadscape preservation.

[Added 7-24-2013 by L.L. No. 5-2013]

Findings and legislative intent. The attractive visual character of the Town of North Castle is in significant measure attributable to the views from along its public roadways. For that reason, as well as for purposes of preservation of scenic character and protection of property values, the Town of North Castle desires to preserve the historic, cultural and natural resources, including stone walls, significant vegetation and scenic vistas, which are located along, or are visible from, its scenic roadways. Specifically, the Town finds that:

The natural scenic character along the Town's scenic roadways is a critical element of the unique attractiveness and heritage of the Town of North Castle, the preservation of which enriches and benefits both residents and visitors.

North Castle's scenic roadways are, for the most part, historically traditional routes which are bordered with stone walls, mature trees, woodlands, meadows, water bodies, scenic vistas and historic structures, all of which contribute to the overall scenic, historic and semirural character of the Town.

The preservation of these features, consistent with the protection of private property rights, can best be achieved by requiring Planning Board review and approval of any new development or other changes proposed in such areas.

Scenic roadways.

In furtherance of the above-stated legislative intent, the Town Board specifically identifies the following as scenic roadways:

East Middle Patent Road.

Mianus River Road.

St. Mary's Church Road.

With respect to properties located on such scenic roadways, the types of construction, alterations or disturbances referred to in Subsection D(1) below shall be subject to Planning Board review and approval if they take place within the scenic roadscape area as defined in Subsection D(2).

Notwithstanding the foregoing, neither this subsection nor any portion of this section shall be construed as prohibiting the activities referenced herein or abridging the rights of owners of property along the designated scenic roadways to develop their properties subject, where applicable, to the provisions of § 355-26H.

Future scenic roadway designation. From time to time the Town Board of the Town of North Castle shall, on its own motion, or upon recommendation of any Town board, committee or other organization or group, identify and designate roadways within the Town of North Castle as scenic roadways. The procedure for designation shall be as follows:

Designation by the Town Board. The Town Board shall identify a scenic roadway within the Town of North Castle. The Town Board, where appropriate, shall seek the advice and counsel of other boards, officials or consultants in furtherance of the designation process.

Petition by a majority of interested landowners. As an alternative to designation by the Town Board, the owners of lot frontage abutting both sides of a roadway or portion of a roadway [the "petitioner(s)"] may apply to the Town Board for designation of a roadway or a portion thereof as a scenic roadway.

Public hearing required. As soon as practicable, but no later than 120 days after its own identification of a roadway or upon receipt of an application for designation, the Town Board shall hold a public hearing regarding the designation of such roadway as a scenic roadway, at which time the public, parties in interest, and the owners of property abutting the scenic roadway shall have the opportunity to be heard regarding the proposed designation.

Notice required. After the Town Board identifies a roadway as being worthy of scenic roadway designation or receives an application from members of the public for designation, it shall notify all owners of property adjacent to and within 500 feet of the roadway section proposed for designation of the intent to designate the roadway as a scenic roadway. Such notice to the adjacent property owners shall be sent no less than 10 days prior to the scheduled date of the public hearing, and the notice shall state the intent to designate the roadway as a scenic roadway. In addition, notice of the public hearing shall be published in the Town's official newspaper no less than 10 days in advance of the scheduled date of the public hearing.

Town Board action. After conducting the public hearing on the intent to designate a scenic roadway, the Town Board shall approve or disapprove the designation according to its regular voting procedures, in accordance with the criteria set forth in Subsection C(6) below.

Scenic roadway selection criteria. A scenic roadway shall be found to possess one or more significant scenic, recreational, cultural, natural or historic features that, once altered, are irreplaceable. Examples of these features include, but are not limited to:

Memorable or unusual landscape elements or viewscapes bordering the roadway.

A roadway that is particularly appealing to cyclists and hikers for its specific characteristics.

A roadway that passes through or abuts upon a traditional working landscape, i.e., horse farm, farming, orchards, etc., where alteration of the roadway would diminish the significance of the landscape.

A roadway that passes through or abuts upon unusual geologic formations, topography, water resources, wetlands or habitats for rare or endangered wildlife.

A roadway that passes through or abuts a site or sites of historical importance where altering the roadway would diminish the impact of historical reference.

(f)

The roadway possesses a unique overall quality of scenic beauty, scale, texture, and form.

Site plan approval.

Site plan review and approval by the Planning Board within the scenic roadscape area as defined below shall be required prior to:

The construction of any new structure or reconstruction of any existing structure, except the reconstruction of an existing structure in place and in like manner as existing, such as the reconstruction of a damaged structure.

The alteration of an existing structure, where the area of such alteration exceeds 300 square feet.

The construction of any new driveway or relocation of an existing driveway, but specifically excluding the repair or replacement of any part of an existing driveway.

The disturbance of more than 1,500 square feet of land.

The removal of 10 or more trees of eight-inch DBH or greater or the removal of one or more significant tree as defined by Chapter 308, Trees, Article II, of the Code.

The term "scenic roadscape area," as used herein, shall mean the area between the center line of the scenic roadway and the rear wall of the principal residential structure on the property, but not to exceed a distance of 500 feet from the center line of the scenic roadway. Where an activity taking place within the scenic roadscape area presents minimal impacts, the Planning Board shall consider waiving some of the formal requirements for site plan approval as provided for in § 355-26H(1).

Where an activity referenced above is proposed to take place beyond the scenic roadscape area but within 500 feet of the center line of the scenic roadway, the Residential Project Review Committee shall review any application for approval of any such activity, giving due consideration to the provisions of this section.

Procedure. Where site plan review by the Planning Board is required under the terms hereof, the procedures set forth in § 355-26H(1) and (2) shall apply.

Standards and decision. In reviewing any site plan submitted pursuant to this section and issuing its decision in connection therewith, the provisions of § 355-26H(3) and (4) shall apply and the Planning Board shall also take into consideration the following:

Any necessary intrusions within the scenic roadscape area shall be reduced to the maximum extent practicable by such measures as common driveways, shared utility services or other such techniques.

The Planning Board is hereby encouraged to utilize its authority to approve conservation subdivisions pursuant to § 355-31 of this chapter where said Board determines that such is necessary or appropriate in order to help achieve the purposes of this section.

The Planning Board, in granting site plan approval along scenic roadways as identified herein, shall determine that the construction or site alteration approved will be compatible with the legislative intent of this section.