Town of North Salem, NY
Westchester County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Planning Board of the Town of North Salem 11-18-1987. Amendments noted where applicable.]
GENERAL REFERENCES
Application processing — See Ch. 37.
Fees — See Ch. 85.
Subdivision of land — See Ch. 200.
Zoning — See Ch. 250.
The site development plan rules and regulations are established herein pursuant to Article XXI, § 250-121, of the Zoning Ordinance of the Town of North Salem and § 274-a of the Town Law. They supplement the requirements of Article X of the Zoning Ordinance and apply to all site development plans required to be submitted to the Planning Board for all principal uses other than single-family detached residential uses or for additions, alterations or structures accessory thereto. These regulations are not intended to supersede any section of the Zoning Ordinance of the Town of North Salem.
The rules and regulations are intended to assist the Planning Board in fulfilling the objectives set forth in Article X, § 250-46, of the Zoning Ordinance.
All applications for approval of a site development plan, and accompanying maps, plans, documents and data, shall:
A. 
Be submitted in writing on forms prescribed by the Planning Board.
B. 
Include the original plus 10 copies, with all maps and plans folded.
C. 
Be presented at the office of the Planning Board, or transmitted thereto by mail, at least three weeks prior to the Planning Board meeting at which review is sought.
The following are checklists of items to be submitted to the Planning Board for review of any site development plan:
A. 
Preliminary application: Ten copies of each of the following are required when submitting an application for preliminary site plan approval:
(1) 
A site development plan application, including:
(a) 
An affidavit of ownership.
(b) 
A certificate concerning ownership.
(c) 
A disclosure statement.
(d) 
An identification of property and proposal, including block and lot numbers of the property taken from the official tax records.
(e) 
An identification of plans and documents.
(f) 
Copies of any easements, covenants or restrictions.
(2) 
The site development plan, folded.
(3) 
A long-form environmental assessment form, Part 1, pursuant to the State Environmental Quality Review Act (SEQRA).[1]
[1]
Editor's Note: See Environmental Conservation Law, § 8-0105.
(4) 
An affidavit in accordance with the Application Processing Restriction Law, Local Law No. 3 of 1987.[2]
[2]
Editor's Note: See Ch. 37, Application Processing.
(5) 
The application fee in accordance with the Standard Schedule of Fees of the Town of North Salem.[3]
[3]
Editor's Note: See Ch. 85, Fees.
B. 
Final application: In addition to the above, if not already submitted, the following shall be added when submitting an application for final site plan approval:
(1) 
Ten copies of the building plans and elevations, folded.
(2) 
Ten copies of the cost estimate form.
(3) 
Ten copies of any additional required SEQRA documentation.
(4) 
All required state, County and Town permits, including but not limited to those from:
(a) 
The Westchester County Board of Health.
(b) 
The State Department of Environmental Conservation.
(c) 
The State Department of Transportation.
(d) 
The Town Highway Department.
(e) 
The County Department of Public Works.
(5) 
Any required additional fee in accordance with the Standard Schedule of Fees.[4]
[4]
Editor's Note: See Ch. 85, Fees.
(6) 
A new affidavit [Subsection A(4)] even if one was submitted with a preliminary application.
C. 
Preapplication submission: In accordance with § 250-47A of the Zoning Ordinance, an applicant may choose to present an informal submission for review prior to submitting a formal application. Any modifications from the requirements specified in these rules and regulations for formal application may be outlined at this time.
(1) 
Preapplication form. Any informal submission should include sufficient information for the Planning Board to consider the proposal. At a minimum, the applicant should supply the information from § A267-9B marked with the letter "S" in the left-hand column.
(2) 
Preapplication review. The Planning Board will hold an informal discussion with the applicant and will consider the following factors:
(a) 
The nature of the plan and the possible implications for the neighborhood and Town as a whole.
(b) 
An initial determination of possible planning, design and construction criteria for the plan.
(c) 
The procedures to be followed when formal application is made, including types of surveys, plans and studies that may be needed.
(d) 
The zoning requirements applicable to the site.
(e) 
Other factors unique to the site.
(3) 
Referrals. The Planning Board may, at its discretion, refer this submission to other boards and agencies as listed in Subsection D(3).
D. 
Preliminary site development application: In accordance with § 250-48 of the Zoning Ordinance, an applicant may choose to submit, prior to a formal application for final site development plan approval, an application for preliminary site development plan approval. Such application shall contain sufficient detail to enable the Planning Board to come to a preliminary conclusion as to the merits of the proposal.
(1) 
Form. Any application for preliminary site plan approval shall be in writing in accordance with §§ A267-3 and A267-4 and shall contain, at a minimum, the items marked with a "P" in Column 1 of § A267-9.
(2) 
Review. The Planning Board shall determine that an application is in proper form and deem it complete. If the Planning Board determines that the application is incomplete, the application shall not proceed for preliminary consideration.
(3) 
Referrals. Once the Planning Board has determined that an application is complete, the Board shall refer the application to any of the following as deemed appropriate:
(a) 
The Conservation Advisory Council (mandatory).
(b) 
The Wetlands Inspector.
(c) 
The Board of Fire Commissioners (mandatory).
(d) 
The Superintendent of Highways.
(e) 
The Town Board and/or Town Attorney concerning any proposed special easements, water or sewer districts or other features involving future Town Board administrative jurisdiction or legal questions.
(f) 
The United States Department of Agriculture Soil Conservation Service.
(g) 
The Westchester County Department of Planning.
(h) 
The Town Engineer or designated engineer.
(i) 
The Town Planning Consultant.
(j) 
The Building Inspector.
(k) 
The Westchester County Department of Health.
(l) 
Any other consultant or public agency the Planning Board may deem appropriate.
(4) 
Site inspection. The Planning Board may choose to conduct a site inspection of the property at any stage during the application process. When requested, the applicant shall cause to be staked by a licensed surveyor features of the site such as lot lines, proposed roads, wetlands and floodplain lines and proposed development sites as the Planning Board deems appropriate to aid in its inspection.
(5) 
Preliminary approval. In accordance with § 250-48B of the Zoning Ordinance, the Planning Board shall, by resolution, approve, approve with conditions or disapprove an application for preliminary site plan approval.
E. 
Final application: In accordance with § 250-49 of the Zoning Ordinance, an applicant may choose to present an application for final site plan approval; however, when preliminary site plan approval has been granted with or without conditions, the applicant has six months to present his application for final site plan approval. The Planning Board may, however, grant an additional six-month extension for good cause.
(1) 
Form. Application for final site development plan approval shall be made in writing in accordance with §§ A267-3 and A267-4 and shall contain the items marked with an "F" in § A267-9.
(2) 
Review. The Planning Board shall determine that an application is in proper form and deem it complete. If the Planning Board determines that the application is incomplete, the application shall not proceed for final consideration.
(3) 
Referrals. When a complete application for final site development plan is received, the Planning Board, as deemed appropriate, shall refer the final plans and necessary documentation to the following:
(a) 
The Town Board and/or Town Attorney concerning any proposed special easements, water or sewer districts or other features involving future Town Board administrative jurisdiction or legal questions.
(b) 
The United States Department of Agriculture Soil Conservation Service, with regard to construction plans and a program for soil and erosion and sedimentation control.
(c) 
All Town agencies receiving referrals under preliminary consideration for confirmation of design recognition of previous recommendations.
(d) 
Any other public agency the Planning Board deems appropriate.
(4) 
Public hearing notice. Once a final application is deemed complete, the Planning Board shall authorize the setting of a public hearing for consideration of final site development plan approval in accordance with § 250-48B of the Zoning Ordinance and the following:
(a) 
Publication. At least five days before a scheduled hearing, the applicant shall publish notice in a newspaper of general circulation designated by the Town as its official newspaper for publication of such notices.
(b) 
Notice to property owners. At least seven days before the hearing, the applicant shall mail notice to property owners as follows:
[1] 
Form and content. Such notice shall be on forms approved by the Planning Board and shall include the name of the applicant, the location of the parcel of land to be developed and a brief description or identification of the proposal and shall also specify the date, time and place of the public hearing to be held by the Planning Board.
[2] 
Transmittal. Such notice shall be transmitted by personal service or sent by United States Postal Service certified or registered mail to the owners of all lots in the Town which are within 500 feet of the parcel to which the application pertains, which owners and their addresses shall be as indicated in the current Town Tax Assessor's records.
[3] 
Certification. Prior to or at the time of the public hearing, the applicant shall provide to the Planning Board a copy of the required notice, a list of all the owners to whom such notice was delivered or mailed and either an affidavit that the delivery or mailing was completed as required herein or copies of all mailing receipts.
(5) 
Final approval. In accordance with § 250-49 of the Zoning Ordinance, the Planning Board shall, by resolution, approve, approve with conditions or disapprove an application for final site plan approval within 45 days of the close of the public hearing, except when such time is extended by mutual agreement with the applicant for good cause.
(6) 
Signing and filing of plans.
(a) 
In accordance with § 250-50 of the Zoning Ordinance, the Chairman of the Planning Board will sign the approved site development plan once submitted with all modifications thereon and with confirmation that all conditions of approval have been met. The applicant will then produce, at a minimum, four copies to be distributed as follows:
[1] 
One to the Town Clerk (linen back).
[2] 
One to the Building Inspector.
[3] 
One to the Superintendent of Highways.
[4] 
One for the Planning Board records.
(b) 
The Planning Board reserves the right to request additional copies, including linen back, if deemed necessary.
The Planning Board, upon written request by the applicant, may waive specific provisions of these procedures that, in its judgment of the particular circumstances of a proposed application, are not requisite in the interest of public health, safety and general welfare or are inappropriate because of the inadequacy or lack of connecting facilities adjacent or in proximity to the proposed site plan. Waivers may be granted by the Planning Board subject to conditions deemed necessary to support the purpose and intent of these procedures. No waiver, however, shall be granted which would limit, reduce or impair the effectiveness of any other law applicable to the site plan.
A. 
Omission from these regulations of any requirement authorized to be imposed by statute shall not preclude the Planning Board from imposing such requirement by resolution adopted by such Planning Board in connection with approval or conditional approval of any site plan.
B. 
If any section, paragraph, sentence, clause or phrase of these regulations shall for any reason be held to be invalid or unconstitutional by a decree or decision of any court of competent jurisdiction, such decree or decision shall not affect or impair the validity of any other section or remaining portion of these regulations.
C. 
If any section, paragraph, sentence, clause or phrase of these regulations shall for any reason be held to be invalid or unconstitutional, as applied to a particular site plan or site plan application, by a decree or decision of any court of competent jurisdiction, such decree or decision shall be limited to the particular site plan or site plan application, and the general applicability of these regulations to other site plans and site plan applications shall not be affected.
These rules and regulations are established and adopted by the Planning Board in accordance with Article XXI of the Zoning Ordinance and shall be in full force and effect upon approval by resolution of the Town Board of the Town of North Salem.
The Planning Board shall determine what financial security, if any, shall be required in connection with any application for site plan approval and shall make such recommendation to the Town Board. The Planning Board may elect, without limitation, to require bond, letter of credit or other such security as it may deem appropriate for the facts and circumstances as outlined in the proposals.
A. 
General. The maps and plans required by these regulations shall show the information and shall be prepared in accordance with the following specifications. All preliminary and final site development plans, construction plans and grading plans shall be prepared by and bear the name, signature and seal of a land surveyor or professional engineer, or both, as required by law and licensed by the State of New York. Elements of such maps and plans and related studies and evaluations may be prepared by an architect, landscape architect or other designer or technician as authorized by law and noted on the documents presented. Pertinent survey data and design computations shall be presented to the Planning Board for review upon request. Maps, plans, studies and evaluations shall include information hereinafter specified to the extent applicable to the particular plan. In the event that the improvements to the site do not exceed $20,000, the Planning Board may waive these requirements if allowed by law.
B. 
Specifications. The site development plan should be presented in a series of sheets of uniform size, at a scale of one inch equals 40 feet, unless otherwise authorized by the Planning Board, containing the information listed below on each of the respective sheets.
(1) 
Planimetric Site Layout Sheet (Sheet No. 1). The plan specifications for a final site plan approval are denoted "F" in the right-hand column. The specifications required for preliminary review are marked with a "P" in the right-hand column, and those for any preapplication review with an "S."
(KEY: S = Preapplication; P = Preliminary; F = Final)
Information
Specifications
(a)
Location map at a scale of 1 inch equals 400 feet.
S,
P,
F
(b)
Existing zoning district boundaries within 500 feet, to be shown on the location map. If such a boundary goes through the site in question, it should also be shown on the site development plan.
S,
P,
F
(c)
The applicant's entire contiguous holdings. If the applicant is other than the owner of record, then the owner of record's entire contiguous holdings should be shown.
S,
P,
F
(d)
Standard site development plan notes, including but not limited to:
S,
P,
F
[1]
Lot, block and sheet numbers.
[2]
Area of tract.
[3]
Zoning district.
[4]
Proposed use.
[5]
Record owner.
[6]
Applicant.
[7]
Water district, if any.
[8]
Sewer district, if any.
[9]
Datum: United States Geological Survey.
[10]
Underground utilities.
[11]
Covenants, deed restrictions, easements or other reservations of land relative to this site.
[12]
Variances or special permits granted, if any.
(e)
Title of the drawing, including the name of the project, owner's name and address.
S,
P,
F
(f)
North arrow, scale and date.
S,
P,
F
(g)
Property boundaries and existing tax lot lines.
S,
P,
F
(h)
Existing public streets abutting or crossing the site.
S,
P,
F
(i)
Existing structures and uses located on the site.
S,
P,
F
(j)
Approximate locations of existing structures within 100 feet of the site lot lines.
S,
P,
F
(k)
Proposed location and use of any new building or structure, including all aboveground mechanical, electrical and other utility equipment.
S,
P,
F
(l)
Proposed location of walkways, benches, recreation facilities and garbage dumpster enclosures.
S,
P,
F
(m)
Existing and proposed vehicular access to and from the site.
S,
P,
F
(n)
Location and layout of driveways, parking areas and loading areas.
S,
P,
F
(o)
Proposed location, type and height of fencing.
F
(p)
Proposed location of outdoor lighting facilities.
F
(q)
Site development plan of ultimate development, if the project is to be staged.
P,
F
(r)
Along all road frontages show:
P,
F
[1]
The center line of existing right-of-way.
[2]
The edge of existing pavement
[3]
The designated street line.
[4]
The front setback line.
[5]
Existing trees over 4 inches in diameter (measured 4 feet above grade) and a description of their condition.
(s)
Location of the curb cuts or points of access and egress for the properties immediately abutting and across the street from the access point(s) to the site.
P,
F
(t)
The computation for the required number of parking spaces as provided for in the Table of Use Requirements.
P,
F
(u)
Types of materials proposed to be used on the site.
P,
F
(v)
On-site development plans involving signs and the location of freestanding signs in relation to the designated street line.
F
(w)
All pertinent zoning yard dimension lines.
S,
P,
F
(x)
A 3 1/2-inch blank square in the lower right-hand corner immediately above the title block for purposes of an approval block.
P,
F
(y)
Any ledge outcroppings.
P,
F
(z)
Location of existing stone walls and fences.
S,
P,
F
(aa)
Existing watercourses and water bodies, including both intermittent and continuous flowing streams and springs.
S,
P,
F
(bb)
Location and limits of all wetlands, floodplains and other land subject to potential flooding.
S,
P,
F
(cc)
Principal wooded areas and the approximate location of any large isolated trees.
S,
P
(dd)
The approximate location of any seepage test holes, test pits and borings.
P
(ee)
The approximate location of any wells on the tract and on land within 200 feet of the tract.
P
(ff)
A visual analysis, if required by the Planning Board.
F
(gg)
Any other data the Planning Board may deem necessary.
F
(2) 
Grading, Drainage and Utilities Plan Sheet (Sheet No. 2). The plan specifications for a final site plan approval are denoted "F" in the right-hand column. The specifications required for preliminary review are marked with a "P" in the right-hand column, and those for any preapplication review with an "S."
Information
Specifications
(a)
All items listed for Sheet No. 1 should be shown with the exception of Subsection B(1)(a), (b), (d), (p), (t), (v) and (w).
F
(b)
Grading and excavation, including:
[Amended 2-9-1999 by L.L. No. 1-1999
[1]
Existing and proposed contours at two-foot intervals, or less, extended to 50 feet beyond the boundaries of the site.
[2]
Areas of proposed rock excavation, including blasting as defined in Town Code Chapter 48. Grading plans shall demonstrate conformance with the provisions of Town Code Chapter 48.
(c)
Location and types, sizes and slopes, where pertinent, of existing and proposed waterlines, valves and hydrants, storm and sanitary sewer lines, electric lines, telephone lines, gas and other utility lines and utility poles. Typical cover should be indicated over all required underground utility lines.
F
(d)
Existing and proposed stormwater drainage and underdrain systems, including:
F
[1]
Location, size and slopes of all pipes and swales, including invert and top elevations at each manhole, inlet, headwall or other appurtenant drainage structure.
[2]
Base width, side slope, inverts and lining of each swale (riprap, asphalt, concrete grass, etc.).
[3]
Inverts of underdrain systems at bends and outlets.
(e)
In addition to the drainage items in Subsection B(2)(d) above, the applicant should supply the following:
F
[1]
A 400-scale map showing the limits of the watershed in which the property is located, with the development site shaded in.
[2]
Drainage computations for the runoff entering the site for a fully developed watershed and for the site itself after proposed development.
[3]
A marked-up grading plan showing subareas colored in for each drainage structure.
(f)
Location and spot grades at the top and bottom of retaining walls.
F
(g)
The following standard erosion control notes: An erosion control system will be utilized by the developer to minimize the production of sediment from the site. Methods to be utilized will be those found most effective for the site and shall include 1 or more of the following, as applicable:
F
[1]
areas shall be provided at key locations to intercept and clarify silt laden runoff from the site. These may be excavated or may be created utilizing earthen berms, riprap or crushed-stone dams, hay bales or other suitable materials. Diversion swales, berms or other channelization shall be constructed to ensure that all silt-laden waters are directed into the entrapment areas, which shall not be permitted to fill in but shall be cleaned periodically during the course of construction. The collected silt shall be deposited in areas safe from further erosion.
[2]
All disturbed areas, except roadways, which will remain unfinished for more than 30 days shall be temporarily seeded with 1/2 pounds of rye grass or mulched with 100 pounds of straw or hay per 1,000 square feet. Roadways shall be stabilized as rapidly as practicable by the installation of the base course.
[3]
Silt that leaves the site in spite of the required precautions shall be collected and removed as directed by appropriate municipal authorities.
[4]
At the completion of the project all temporary siltation devices shall be removed and the affected areas regraded, planted or treated in accordance with the approved site plan.,
[5]
At a minimum, conform to Westchester Best Management Practices for Soil and Erosion Control.
(3) 
Landscaping and lighting specifications (Sheet No. 3):
(a) 
All items listed for Sheet No. 1 should be shown with the exception of Subsection B(1)(a), (b), (d), (t), (v), (w) and (x).
(b) 
The following standard landscape notes:
[1] 
Mulch all plant beds and trees with a four-inch depth of sugar cane or licorice root mulch or the equivalent.
[2] 
Stake all trees with two stakes, rubber hose around the tree six feet zero inches above grade and twisted galvanized wire.
[3] 
Guarantee all plants and workmanship for two planting seasons.
[4] 
All plant material shall be nursery grown and shall conform to the American Association of Nursery Men's Standards.
(c) 
The location, direction, type and height of outdoor lighting facilities, including isolux curves.
(d) 
The location and extent of existing wooded areas, rock outcrops and single large trees six inches or more in caliper, measured four feet above ground.
[Amended 6-29-1999]
(e) 
The proposed location, design and type of screening and landscaping, including trees. A planting list should be provided on the drawing, keyed to the plan, showing botanical and common names, species, quantities, height and caliper of planting materials. Provide a separate list of all existing materials to be retained. The landscaping plan and schedule shall be prepared and certified by an appropriate licensed design professional.
(4) 
Construction Specifications (Profiles and Detail Sheet) (Sheet No. 4 and as many others as needed):
(a) 
The profiles of roads, driveways, storm drainage pipes and channels, and sewer pipes.
(b) 
The elevation view of any freestanding signs, showing dimensions and sign area (both sides count) and setback from designated street line, and on building fascia, the height of signs above grade, their overall height, dimensions and area.
(c) 
Construction details illustrating all site improvements and those required in other sections of the rules and regulations, in accordance with Town construction standards and specifications.
(5) 
Additional sheets: any other required sheets for multiphased projects or large-scale projects.
C. 
Site development plan revisions. All site development plans that are submitted to the Planning Board, which have been revised, shall have the revision number noted in a triangle along with a brief summary of the elements revised and the dates of revision. Additionally, this revision number (in the triangle) is to be used to indicate on the plan those places where the changes have been made. Any plan submitted without this system shall be returned to the applicant and shall be subject to a resubmission fee.
When the site plan is required as part of a special permit or conditional use application, these special conditions may apply:
A. 
When a site development plan has never been previously approved, the Planning Board shall determine which of the conditions outlined above must be followed.
B. 
When an approved site development plan exists and the special permit comes up for a renewal of its terms then the following procedures apply:
(1) 
If no change in the special permit terms and conditions is requested and/or required and there will be no change in the development coverage, number and use of structures, parking facilities, etc., then the applicant is required to submit a signed statement as to the no-change status to the Planning Board, and site development plan approval may be waived by the Planning Board.
(2) 
If changes in the special permit terms and conditions are granted with the renewal, then site development plan approval is required and documentation, as deemed required by the Planning Board in accordance with § A267-9 herein, must accompany the application. The applicant may, however, file an amended site development plan in accordance with § 250-51 of the Zoning Ordinance.