Town of North Salem, NY
Westchester County
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Table of Contents
Table of Contents

§ 250-45 Approval required.

[Amended 7-22-2003 by L.L. No. 4-2003]
A. 
No site development plan approval shall be required for single-family detached residential uses or for additions, alterations or structures accessory thereto. All other principal uses, including an additional principal use on a lot, shall require a site development plan approval prior to the issuance of a building permit, certificate of occupancy or certificate of use except for the following:
(1) 
A farm or agricultural operation and the necessary structures incidental thereto.
(2) 
Ordinary repair or maintenance or interior alterations to existing structures and uses whether such uses are permitted as of right or nonconforming, provided a conditional use approval or a special permit is not required. Any repair, maintenance or alterations involving a nonconforming use shall comply with the pertinent requirements herein.
(3) 
A change of use when such change is to a use within the same use category (within the same item in the Table of General Use Requirements[1] for the same zoning district), when such change involves only interior alterations.
[1]
Editor's Note: The Tables of General Use Requirements are included at the end of this chapter.
B. 
No lot or parcel of land shall be used except in conformity with an approved site development plan, when required.

§ 250-46 Objectives.

In considering and acting upon site development plans, the Planning Board shall take into consideration the public health, safety and welfare, the comfort and convenience of the public in general and of the prospective occupants of the proposed development and of the immediate neighborhood in particular and may prescribe such appropriate conditions and safeguards as may be required in order to further the expressed intent of this chapter and accomplish the following objectives in particular:
A. 
Traffic access. All proposed traffic access will be adequate but not excessive in number; adequate in width, grade, alignment and visibility; not located too near street corners or other major access points; and other similar safety considerations.
B. 
Circulation and parking. Adequate off-street parking and loading spaces will be provided to prevent parking of vehicles on public streets. The interior circulation system will be adequate to provide safe accessibility to all required off-street parking.
C. 
Landscaping and screening. All recreation areas, parking and service areas and principal accessways will be reasonably screened from the view of adjacent residential lots and streets at all seasons of the year.
D. 
Compatibility. Signs and lights will be compatible and in scale with building elements and will not predominate the overall visual impact of the project. Textures of buildings and paved areas will be sufficiently varied to prevent a massive or monolithic appearance, particularly areas of asphaltic paving for parking.
E. 
Environment. The design, layout and operational characteristics of the proposed use will not represent significant adverse impact on the environment or result in a waste of the land and other natural resources of the Town. To the greatest possible extent, development will be in harmony with the natural environment, and adequate compensatory devices will be prescribed to offset potential significant deterioration resulting from the project.
F. 
Development. The site development plan elements, including buildings, parking, drainage, circulation, signs and lighting, will not adversely affect the potential of adjacent properties or the property under review from its highest and best use. The site development plans shall comply with the permitting requirements, standards and specifications of the Town’s regulations for stormwater management and erosion and sediment control.[1]
[Amended 3-27-2007 by L.L. No. 3-2007; 12-26-2007 by L.L. No. 8-2007]
[1]
Editor’s Note: See Ch. 193, Stormwater Management and Erosion and Sediment Control.
G. 
Westchester County Greenway Compact Plan. The Town of North Salem has adopted the Westchester County Greenway Compact Plan, as amended from time to time, as a statement of policies, principles, and guides to supplement other established land use policies in the Town.[2] In its discretionary actions under the review of site development plans, the Planning Board should take into consideration said statement of policies, principles and guides, and the Greenway Criteria, as appropriate. The Greenway Criteria promote natural and cultural resource protection, regional planning, compatible economic development (agriculture, tourism and revitalization of community centers), public access to natural and cultural resources and heritage and environmental education.
[Added 3-22-2005 by L.L. No. 1-2005]
[2]
Editor's Note: See also Ch. 20, Greenway Compact Plan.

§ 250-47 Procedure.

[Amended 7-22-2003 by L.L. No. 4-2003]
A. 
Prior to application for a building permit, certificate of occupancy or certificate of use, where required, site development plan approval shall be secured from the Planning Board. Certain uses and activities do not require site development plan approval as specified herein in § 250-45. The site development plan rules and regulations as adopted by the Planning Board provide detailed specifications as to application materials.
B. 
Preapplication review. The applicant may use the optional step of making an informal submission for preapplication review in order to expedite the overall process. For purposes of an informal submission, the applicant should provide as much information as he can, keeping in mind the specific criteria in the site development plan rules and regulations. The goal of the preapplication review is to discuss issues and answer questions before the formal review process takes place in an attempt to better align the work product being submitted by the applicant with the requirements that will be coming from the Planning Board. The preapplication review by the Planning Board shall not constitute a formal application, and no approval can be granted based on it. At this time, the applicant should outline any modifications he is requesting from the requirements specified in the site development plan rules and regulations.
[Amended 9-11-2012 by L.L. No. 6-2012]
C. 
Waiver of site development plan approval. During preapplication review by the Planning Board, the applicant may make a specific written request for a waiver of the requirement for site development plan approval. The Planning Board may waive the requirement for site development plan approval where an application does not require a conditional use approval or a special permit (except accessory seasonal outdoor restaurant seating), based on reasoning consistent with the criteria below. The plan submission by the applicant must be of sufficient detail to enable the Planning Board to conclude that the project will comply with the following criteria:
[Amended 11-9-2010 by L.L. No. 2-2010]
(1) 
The proposed use is of a small scale and low intensity.
(2) 
The application does not involve a determination of significance (negative declaration or positive declaration) in accordance with the State Environmental Quality Review Act and will not involve a substantial increase in traffic and contains adequate parking; and will be compatible with the neighborhood; and that the project will be appropriately screened or buffered from the adjoining properties.
(3) 
The application is for exterior alterations or additions to existing structures which would not increase the square footage of the existing structure by more than 25% or 1,000 square feet, whichever is less, provided that a conditional use approval or a special permit is not required and there is no change in use.
(4) 
The existing site conditions comply with the most recent, approved plan for development of the site.
D. 
Submissions for site development plan review shall be made on forms prescribed by the Planning Board and accompanied by a fee in accordance with the Standard Schedule of Fees of the Town of North Salem. Such submission shall be submitted to the Planning Board at least two weeks prior to the Planning Board meeting at which review is sought. The Planning Board shall review applications in accordance with the Site Development Plan Rules and Regulations of the Town of North Salem, including referral to such Town departments, agencies and consultants as are necessary to evaluate the proposal.
E. 
Waiver of public hearing. Upon written request of the applicant, the Planning Board may grant a waiver of the requirement for a public hearing during site development plan review if an application meets the following criteria:
(1) 
The proposed development does not involve a conditional use approval or a special permit.
(2) 
The proposed use will not have any adverse effects on adjacent properties and the character of the surrounding area.

§ 250-48 Site development plan review and approval.

[Amended 7-22-2003 by L.L. No. 4-2003[1]]
A. 
An application for site development plan approval shall be prepared and submitted in accordance with the Site Development Plan Rules and Regulations of the Town of North Salem.
B. 
The final site development plan and all supporting materials shall be subject to review and consultation in accordance with the Site Development Plan Rules and Regulations of the Town of North Salem. The Planning Board shall make a determination on the application within 62 days of the close of the public hearing. In the event no determination is made within 62 days, and the applicant has not waived the time requirements, the application shall be deemed approved. The Board shall include such conditions of approval as were required, and in addition:
(1) 
The Planning Board shall require that on- or off-site improvements be installed, including but not limited to on- or off-site drainage systems to ensure that all drainage, storm runoff and subsurface waters are properly managed and treated prior to entering existing watercourses and drainage systems. The site development plans shall comply with the permitting requirements, standards and specifications of the Town’s regulations for stormwater management and erosion and sediment control.[2]
[Amended 3-27-2007 by L.L. No. 3-2007; 12-26-2007 by L.L. No. 8-2007]
[2]
Editor’s Note: See Ch. 193, Stormwater Management and Erosion and Sediment Control.
(2) 
No certificate of occupancy or use shall be issued for the site until all the improvements shown on the site development plan, including off-site requirements required by the site development plan, have been duly installed and all easements and property interests granted or dedicated to the Town.
(3) 
A temporary certificate of occupancy (or use) for periods of 90 days, but not more than one year in the aggregate, for a building, structure or part thereof may be issued before all the on-site improvements are complete; provided, nonetheless, that such portion or portions of the site improvements as are necessary to permit the site to be occupied safely without endangering life or the public welfare have been completed. The Building Inspector shall require a cash deposit to ensure and guarantee the completion of the on-site improvements. The Building Inspector shall determine the sum of such cash deposit.
(4) 
The site shall be developed to strict conformity to the approved site development plan except as provided for below. When the approval of a field change (see definition of a "field change") is requested of the Building Inspector or other appropriate Town inspection agency, such request shall be submitted to the appropriate inspecting agency in writing. No field change shall be valid unless a copy of the requested change is filed with the Planning Board, with the approval of the appropriate agency noted thereon or appended thereto, within five days of such approval. Such field change shall be reviewed with the Planning Board before being approved and shall not be granted if a majority plus one of the membership of the Planning Board disapproves of such field change.
[1]
Editor's Note: This local law also repealed former § 250-48, Preliminary review and approval, and renumbered former §§ 250-50 through 250-52 as 250-49 through 250-51.

§ 250-49 Signing and referral to Building Inspector.

[Amended 5-28-1991]
Upon submission of the final site development plan with modifications required by the Planning Board upon its final approval, and upon satisfaction of any conditions imposed by such approval, the Chairman of the Planning Board shall sign the approved site development plan and file one copy with the Building Inspector, who may thereafter issue a building permit, certificate of occupancy and certificate of use in reliance thereon in accordance with Article XV. Site development plan approval shall expire within 18 months of approval unless a building permit has been issued for the approved site development plan. Such period may be extended by six months on separate application to the Planning Board prior to the date of expiration.

§ 250-50 Amendment to approved plan.

An application for an amendment of any approved site development plan for a site which has received prior final site development plan approval shall be processed in accordance with the preceding provisions. However, only those site development plan elements proposed to be modified or changed need be presented, except where such modifications or changes have a material and substantial impact on the balance of the site development plan and functioning of the site. The applicant's licensed design professional shall submit a letter, and a drawing when necessary, indicating the scope of the proposed change no later than 20 days before a Planning Board meeting for a determination by the Planning Board as to whether the proposed amendment shall require a public hearing. Fees for an amended site development plan approval shall be in accordance with the Standard Schedule of Fees of the Town of North Salem.[1]
[1]
Editor's Note: The Standard Schedule of Fees is on file in the office of the Town Clerk.

§ 250-51 Site maintenance.

It shall be the duty of every property owner to maintain his property in conformity with the approved site development plan. Failure to do so shall constitute a violation of this chapter.

§ 250-52 (Reserved) [1]

[1]
Editor's Note: Former § 250-52, Site maintenance, was renumbered 7-22-2003 by L.L. No. 4-2003. See now § 250-51.