[HISTORY: Adopted by the Planning Board of
the Town of North Salem 11-18-1987. Amendments noted where applicable.]
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.
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.
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:
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.
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.
(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.
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.
(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:
[Amended 2-25-2020 by L.L. No. 1-2021]
(a)
Publication. The Planning Board shall provide
the applicant with a notice of public hearing at least 13 days prior
to the public hearing, which the applicant shall publish at its own
expense in the official newspaper of the Town of North Salem at least
five days prior to the public hearing.
(b)
Notice to property owners. At least 10 days
before the hearing, the applicant shall mail notice to surrounding
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 sent by United
States Postal Service certified 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 mailed and 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:
(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)
|
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Information
|
Specifications
| ||||
|---|---|---|---|---|---|
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(a)
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Location map at a scale of 1 inch equals 400
feet.
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S,
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P,
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F
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|
(b)
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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.
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S,
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P,
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F
| |
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(c)
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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.
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S,
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P,
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F
| |
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(d)
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Standard site development plan notes, including
but not limited to:
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S,
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P,
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F
| |
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[1]
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Lot, block and sheet numbers.
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[2]
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Area of tract.
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[3]
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Zoning district.
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[4]
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Proposed use.
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[5]
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Record owner.
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[6]
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Applicant.
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[7]
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Water district, if any.
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[8]
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Sewer district, if any.
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[9]
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Datum: United States Geological Survey.
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[10]
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Underground utilities.
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[11]
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Covenants, deed restrictions, easements or other
reservations of land relative to this site.
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[12]
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Variances or special permits granted, if any.
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(e)
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Title of the drawing, including the name of
the project, owner's name and address.
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S,
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P,
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F
| |
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(f)
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North arrow, scale and date.
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S,
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P,
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F
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(g)
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Property boundaries and existing tax lot lines.
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S,
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P,
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F
| |
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(h)
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Existing public streets abutting or crossing
the site.
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S,
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P,
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F
| |
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(i)
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Existing structures and uses located on the
site.
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S,
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P,
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F
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(j)
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Approximate locations of existing structures
within 100 feet of the site lot lines.
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S,
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P,
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F
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(k)
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Proposed location and use of any new building
or structure, including all aboveground mechanical, electrical and
other utility equipment.
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S,
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P,
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F
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(l)
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Proposed location of walkways, benches, recreation
facilities and garbage dumpster enclosures.
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S,
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P,
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F
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(m)
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Existing and proposed vehicular access to and
from the site.
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S,
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P,
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F
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(n)
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Location and layout of driveways, parking areas
and loading areas.
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S,
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P,
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F
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(o)
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Proposed location, type and height of fencing.
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F
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(p)
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Proposed location of outdoor lighting facilities.
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F
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(q)
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Site development plan of ultimate development,
if the project is to be staged.
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P,
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F
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(r)
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Along all road frontages show:
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P,
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F
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[1]
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The center line of existing right-of-way.
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[2]
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The edge of existing pavement
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[3]
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The designated street line.
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[4]
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The front setback line.
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[5]
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Existing trees over 4 inches in diameter (measured
4 feet above grade) and a description of their condition.
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(s)
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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.
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P,
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F
| ||
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(t)
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The computation for the required number of parking
spaces as provided for in the Table of Use Requirements.
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P,
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F
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(u)
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Types of materials proposed to be used on the
site.
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P,
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F
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(v)
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On-site development plans involving signs and
the location of freestanding signs in relation to the designated street
line.
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F
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(w)
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All pertinent zoning yard dimension lines.
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S,
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P,
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F
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(x)
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A 3 1/2-inch blank square in the lower
right-hand corner immediately above the title block for purposes of
an approval block.
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P,
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F
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(y)
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Any ledge outcroppings.
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P,
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F
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(z)
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Location of existing stone walls and fences.
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S,
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P,
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F
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(aa)
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Existing watercourses and water bodies, including
both intermittent and continuous flowing streams and springs.
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S,
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P,
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F
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(bb)
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Location and limits of all wetlands, floodplains
and other land subject to potential flooding.
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S,
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P,
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F
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(cc)
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Principal wooded areas and the approximate location
of any large isolated trees.
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S,
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P
| ||
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(dd)
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The approximate location of any seepage test
holes, test pits and borings.
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P
| |||
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(ee)
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The approximate location of any wells on the
tract and on land within 200 feet of the tract.
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P
| |||
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(ff)
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A visual analysis, if required by the Planning
Board.
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F
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(gg)
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Any other data the Planning Board may deem necessary.
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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."
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Information
|
Specifications
| ||||
|---|---|---|---|---|---|
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(a)
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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).
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F
| |||
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(b)
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Grading and excavation, including:
[Amended 2-9-1999 by L.L. No. 1-1999 | ||||
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[1]
|
Existing and proposed contours at two-foot intervals,
or less, extended to 50 feet beyond the boundaries of the site.
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[2]
| |||||
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(c)
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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.
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F
| |||
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(d)
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Existing and proposed stormwater drainage and
underdrain systems, including:
|
F
| |||
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[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.
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[2]
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Base width, side slope, inverts and lining of
each swale (riprap, asphalt, concrete grass, etc.).
| ||||
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[3]
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Inverts of underdrain systems at bends and outlets.
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(e)
|
In addition to the drainage items in Subsection
B(2)(d) above, the applicant should supply the following:
|
F
| |||
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[1]
|
A 400-scale map showing the limits of the watershed
in which the property is located, with the development site shaded
in.
| ||||
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[2]
|
Drainage computations for the runoff entering
the site for a fully developed watershed and for the site itself after
proposed development.
| ||||
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[3]
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A marked-up grading plan showing subareas colored
in for each drainage structure.
| ||||
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(f)
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Location and spot grades at the top and bottom
of retaining walls.
|
F
| |||
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(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.
| ||||
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[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.
| ||||
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[3]
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Silt that leaves the site in spite of the required
precautions shall be collected and removed as directed by appropriate
municipal authorities.
| ||||
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[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.,
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[5]
|
At a minimum, conform to Westchester Best Management
Practices for Soil and Erosion Control.
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(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.
