New Castle City Zoning Code
ARTICLE III
Establishment of Districts
§ 60-300 Classes of districts.
The unincorporated area of the Town of New Castle is hereby divided into the following classes of districts:
A.
Residence districts.
[Amended 10-29-1979 by L.L. No. 16-1979]
(1)
R-2A One-Family Residence District. Minimum lot area shall be two acres.
(2)
R-1A One-Family Residence District. Minimum lot area shall be one acre.
(3)
R-1/2A One-Family Residence District. Minimum lot area shall be 1/2 acre.
(4)
R-1/4A One-Family Residence District. Minimum lot area shall be 11,250 square feet.
(5)
MFPD Multifamily Planned Development District. Minimum lot area shall be five acres.
(6)
MFR-M Multifamily Residence District -- Millwood. Minimum lot area shall be one acre.
(7)
MFR-C Multifamily Residence District -- Chappaqua. Minimum lot area shall be one acre.
(8)
Environmental Protection Overlay District.
[Added 7-23-2002 by L.L. No. 5-2002]
B.
Business districts.
(1)
B-RO-150 Research and Office Business, 150 acres.
[Added 6-22-1983 by L.L. No. 5-1983[1]]
[1]
Editor's Note: This local law also renumbered former Subsection B(1) through (6) as Subsection B(2) through (7).
(2)
B-RO-20 Research and Office Business. Minimum lot area shall be 20 acres.
(3)
B-RO-4 Research and Office Business. Minimum lot area shall be four acres.
(4)
B-PO Professional and Office Business.
(5)
B-D Designed Business.
(6)
B-R Retail Business.
(7)
B-RP Retail Business and Parking.
(8)
MADP Millwood Center Area Design Plan Overlay District.
[Added 6-22-1999 by L.L. No. 10-1999]
(9)
OPR Office Park Retail Overlay District.
[Added 12-18-2014 by L.L. No. 2-2015]
C.
Industrial districts.
(1)
I-P Planned Industrial.
(2)
I-G General Industrial.
§ 60-310 Adoption of Zoning Map.
Said districts are bounded and defined as shown on a map entitled "Zoning Map, Town of New Castle, New York," adopted June 21, 1971, and certified by the Town Clerk, which map is located in the Town Clerk's office and which, with all explanatory matter thereon, is hereby made a part of this chapter.[1]
[1]
Editor's Note: The Zoning Map may be found in the pocket at the end of this chapter and is on file in the Town offices.
§ 60-320 Interpretation of district boundaries.
Where uncertainty exists as to the locations of any boundaries shown on the Zoning Map, the following rules shall apply:
A.
District boundary lines follow streets, rights-of-way, watercourses, municipal boundaries or lot lines or are parallel or perpendicular thereto, unless such district boundary lines are fixed by dimensions as shown on the Zoning Map.
B.
Where district boundaries are indicated as approximately following streets, rights-of-way or watercourses, the center lines thereof shall be construed to be such boundaries.
C.
Where district boundaries are so indicated that they approximately follow municipal boundaries or lot lines, such lines shall be construed to be such boundaries.
D.
If, after use of the above rules and the map, the district classification of any land is in question, it shall be deemed to be in the most restrictive of the adjoining districts.
§ 60-330 Lots in two or more districts or municipalities.
[Amended 5-23-1995 by L.L. No. 6-1995]
Where portions of a lot lie in two or more districts or municipalities and the area of the lot within any district or within the unincorporated area of the Town, as the case may be, does not comply with the provisions of this chapter, the Building Inspector shall nevertheless issue a building permit, provided that the total area of the lot and the proposed setbacks, building coverage and development coverage comply with the most stringent zoning provisions applying to any part of the lot. However, where the total area, setbacks, building coverage and/or development coverage do not so comply, the Zoning Board of Appeals, on direct application to it, may, after a public hearing, modify such requirements for the portion of such lot within the jurisdiction of the Board in such fashion and to such degree that the zoning requirements shall be reduced the least practicable degree necessary to achieve a reasonable solution, but in no event lower than the requirements of the least restrictive of the districts or municipalities in which the lot lies. Notice of any such hearing affecting another municipality shall be given to the board having jurisdiction of zoning appeals therein, unless it or the municipal officer having functions similar to the Building Inspector shall have previously authorized a building permit.
§ 60-340 Order of restrictiveness of districts.
For purposes of this chapter, the terms "more restrictive" and "less restrictive" refer to the order in which the districts are listed in § 60-300, the first named being the most restrictive.
§ 60-350 Millwood Center Area Design Plan Overlay District.
[Added 6-22-1999 by L.L. No. 10-1999]
A.
Findings; purpose and intent.
(1)
The Town Board of the Town of New Castle hereby finds that it is in the long-term interests of the Town to encourage the orderly and attractive development of the Millwood Hamlet Business Center by establishing supplementary design guidelines that are intended to strengthen and improve the functioning of that center. The Town Board further finds that it is desirable to establish such guidelines for the purposes of enhancing the visual character of the Millwood Hamlet Business Center and developing a coordinated, unified appearance within it. Pursuant to the general authority granted under § 261 of the Town Law, the Town Board hereby finds that it is necessary and appropriate to establish an overlay district in order to implement such goals.
(2)
It is further declared to be the purpose of this subsection to implement the design guidelines that are incorporated by reference in the Millwood Center Area Design Plan adopted by the Town of New Castle Planning Board on May 18, 1993, as further amended on March 2, 1999, which plan sets forth the following specific objectives:
(a)
To maintain a small scale of commercial development, which exhibits a residential character.
(b)
To introduce pedestrian-scale elements and emphasize features that encourage walking within the hamlet center, while still accommodating necessary vehicular circulation functions.
(c)
To orient buildings toward the street side of a property, with rear entrances to be used only for service and safety purposes.
(d)
To encourage irregular building forms and the creation of pedestrian walkways and courtyards to avoid the creation of unimaginative strip development.
(e)
To emphasize landscaping elements in site design.
(f)
To improve signage and encourage harmonious design treatments.
B.
Applicability.
(1)
Regulated activities.
(a)
Except as set forth in § 60-350B(2) hereof, it shall be unlawful to undertake new construction or to modify existing site, structural or building features on any lot located within the Millwood Center Area Design Plan Overlay District, unless plans describing such new construction or modifications have been reviewed by the approving authority in accordance with the provisions of the adopted Millwood Center Area Design Plan in addition to any other applicable provisions of this chapter, and approval for such construction or modifications has been issued by the approving authority.
(b)
The specific provisions of the adopted Millwood Center Area Design Plan shall be applicable to the extent set forth below:
[1]
Proposals for new site work and/or new construction of buildings and structures, including the erection of signs, on an undeveloped lot shall comply with all provisions of the adopted Millwood Center Area Design Plan.
[2]
Proposals for modification to existing site features, excluding buildings but including freestanding signs, on a developed or partially developed lot shall comply with those provisions of the adopted Millwood Center Area Design Plan that apply to the particular feature(s) of the site that are proposed to be modified.
[3]
Proposals for modification to existing buildings on a developed or partially developed lot that would increase the building coverage of such building(s) by 50% or more shall comply with all provisions of the adopted Millwood Center Area Design Plan that are applicable to buildings. If such modification would increase the building coverage of such building(s) by less than 50%, compliance with all provisions that are applicable to buildings, excluding the building frontage zone requirement, the building location requirement and the building wall length requirement, as those terms are defined in the adopted Millwood Center Area Design Plan, shall be required.
[4]
Proposals for modification to existing wall-mounted signs on a developed or partially developed lot shall comply with all provisions of the adopted Millwood Center Area Design Plan that are applicable to signage.
(2)
Exempt activities. Notwithstanding any other provisions of this section to the contrary, the following activities shall be exempt from compliance with the provisions of this section:
(a)
Any development, alteration or improvement of lots located within the Millwood Center Area Design Plan Overlay District for which final approval has been obtained and not expired and for which the approved work has not yet been completed prior to the effective date of this section. As used herein, the term "final approval" shall have the following meaning:
[1]
In the case of an application for site plan approval, adoption by the Planning Board of a resolution granting approval or conditional approval.
[2]
In the case of an application for special permit approval, adoption by the Planning Board or the Zoning Board of Appeals of a resolution granting approval or conditional approval.
[3]
In those cases not covered by Subsection B(2)(a)[1] or [2] above, the prior issuance of a building permit, driveway permit or other authorization for the commencement of the development, alteration or improvement of property; or for those developments, alterations or improvements for which the Town of New Castle does not require such permits, the actual commencement of the development, alteration or improvement.
(b)
Any development, alteration or improvement of lots located within the Millwood Center Area Design Plan Overlay District that are used exclusively for residential purposes and on which no nonresidential use is proposed to be established.
(3)
Conflicts with other zoning requirements. Where the provisions of the adopted Millwood Center Area Design Plan Overlay District are in conflict with any other requirement of this chapter, the provisions of the Millwood Center Area Design Plan Overlay District shall supersede those other requirements to the extent of such inconsistency.
C.
Procedures and powers.
(1)
Approving authority. The approving authority for all applications required to be submitted pursuant to this section shall be as follows:
(a)
Notwithstanding any provisions of § 60-440 of this chapter to the contrary and except as set forth in Subsections (3) and (4) below, any regulated activity proposed on a lot in the Millwood Center Area Design Plan Overlay District shall require site plan approval from the Planning Board.
(b)
Any regulated activity involving new building construction shall also require review and approval by the Board of Architectural Review.
(c)
Any regulated activity involving modification of existing buildings shall also require review and approval by the Board of Architectural Review. Where these activities would not result in a change to the existing building footprint or the need for any site work, site plan approval from the Planning Board shall not be required.
(d)
Any regulated activity involving erection of new wall-mounted signs, modification of existing wall-mounted signs and/or modification of existing freestanding signs that does not include a change in the location of the freestanding sign or an increase in its dimensions shall require review and approval by the Board of Architectural Review only.
(e)
On applications on which both the Planning Board and Board of Architectural Review are approving authorities, the Planning Board will be the approving authority for determining compliance with the Streetscape Guidelines and the Site Design Guidelines, and the Board of Architectural Review will be the approving authority for determining compliance with the Signage Guidelines and the Architectural Guidelines.
(2)
Application procedures.
(a)
Upon receipt of a complete application involving a regulated activity on a lot in the Millwood Center Business Center Overlay District, the Building Department shall refer said application to the Planning Board and/or Board of Architectural Review as required. When review of both boards is required, such referral shall be made simultaneously.
(b)
When review of an application by the Planning Board and the Board of Architectural Review is required in accordance with the provisions of this section, such review shall be coordinated to the maximum extent practicable in accordance with the provisions of § 60-550H of this chapter.
(c)
In addition to any other plans and materials required to be submitted in connection with an application for site plan approval or an application for building permit approval, applications affecting lots in the Millwood Center Area Design Plan Overlay District shall also be accompanied by plans, elevations and/or any other information deemed necessary, in the opinion of the approving authority, to enable it to render a decision on the conformity of the proposed regulated activity with the provisions of the adopted Millwood Center Area Design Plan.
(d)
The application and any documents accompanying the application shall also be submitted in an electronic file format.
[Added 3-27-2012 by L.L. No. 1-2012]
D.
Modification of requirements. Where the approving authority finds that, because of the special circumstances of a particular case, extraordinary hardship may result from strict compliance with the provisions of this subsection, it may modify such provisions, provided that any such modification is consistent with the spirit and intent of the Millwood Center Area Design Plan Overlay District, all Town ordinances, the Town Development Plan and the Official Map. In permitting any such modification, the approving authority shall attach such conditions as are, in its judgment, necessary to secure substantial compliance with the objective of the provision so modified.
E.
Coordination with Zoning Board of Appeals. If the approving authority does not modify the provisions of this section as requested by or to the satisfaction of the applicant, the applicant may appeal to the Zoning Board of Appeals in accordance with the procedures contained in Town Code § 60-540. In the event that an application for an interpretation or variance is made in connection with a regulated activity as defined in this section, the Board of Appeals shall, within five days of receipt of such application, transmit a copy of the application to the approving authority for such regulated activity and shall notify said approving authority of the date on which a public hearing on such application for an interpretation or variance has been scheduled. Said approving authority may submit to the Board of Appeals an advisory opinion on such application.
§ 60-360 Office Park Retail Overlay District.
[Added 12-18-2014 by L.L. No. 2-2015; amended 6-14-2016 by L.L. No. 5-2016]
This Office Park Retail Overlay District zoning is intended to provide the opportunity for the development of a retail zoning district on a planned basis in the Town's only mapped B-R0-20 Research and Office Business District, ("Office Park District"), to be anchored by a full-service grocery store. Subject to the provisions of § 60-360.8.4B, the retail zoning district also shall include a fitness-related use or uses, together with retail uses that provide a complementary and mutually sustaining tenant mix, that are appropriate for the comfort and convenience of occupants in the underlying Office Park District and occupants and residents in the community, that will facilitate provision of daily needs, products and services such as groceries and basic retail in an otherwise underserved market area and that will support and enhance the Town's commercial real estate tax base. To further this intent with proper protection for existing development in the community, Office Park Retail Overlay Districts shall be established within Office Park Districts on a floating zone basis, subject to approval by the Town Board in each case, and in accordance with an approved preliminary development concept plan, as described and defined herein.
§ 60-360.1 Approval procedure.
[Added 12-18-2014 by L.L. No. 2-2015]
The zoning and planning approval of any Office Park Retail Overlay District and related project improvements shall involve a two-stage review process as follows:
A.
Action by the Town Board either on its own initiative or on an application by or authorized by the owner(s) of the property as set forth in § 60-360.10:
(1)
Approval of a preliminary development concept plan.
(2)
Rezoning of a specific portion of the underlying Office Park District for development in accordance with that preliminary development concept plan.
B.
Action by the Planning Board.
(1)
Approval of a final, detailed site development plan in accordance with an approved preliminary development concept plan.
(2)
If a part of the application and appropriate, approval of a subdivision plat and issuance of any environmental permit.
(3)
If determined to be appropriate by the Planning Board on its own initiative or on an application, approval of an integrated operations plan for the Office Park Retail Overlay District and the underlying Office Park District.
§ 60-360.2 Application to Town Board for zoning approval.
[Added 12-18-2014 by L.L. No. 2-2015]
Application by or authorized by the owner(s) for the establishment of an Office Park Retail Overlay District shall be submitted to the Town Board in 15 copies at a regularly scheduled meeting of Town Board. The application shall include at least the following items of information:
A.
The names and addresses of the property owner(s), of the applicant (if other than the owner), and of the planner, engineer, architect, surveyor and/or other professionals engaged to work on the project.
B.
If the applicant is not the owner of the property, authorization from the owner(s) to make the application as set forth in § 60-360.10.
C.
A written statement (i) describing the nature of the proposed Office Park Retail Overlay District and project improvements, (ii) describing how the proposed district and improvements are designed to serve the purposes of this chapter, (iii) describing how the proposed district and improvements are consistent with or vary from the Town Development Plan, (iv) analyzing the relationship of the proposed district and improvements with immediately adjoining properties, other uses and improvements in the underlying Office Park District and the broader community, (v) analyzing the availability and adequacy of utilities to serve the proposed district, (vi) analyzing the safety and capacity of the street system in the area in relation to the anticipated traffic generation, and (vii) presenting such other information as may be required by law or determined necessary by the Town Board or Planning Board to properly enable them to review and decide upon the application.
D.
A written statement of the proposed method of ownership and maintenance of all common utilities, facilities, and developed and unimproved lands within the proposed Office Park Retail Overlay District.
E.
A preliminary development concept plan for the proposed Office Park Retail Overlay District and project improvements, drawn to a convenient scale and including the following items of information:
(1)
The area of the property in both acres and square feet in the proposed Office Park Retail Overlay District and in the underlying Office Park District.
(2)
The floor area in square feet of each floor in each building proposed in the proposed Office Park Retail Overlay District and of each building proposed or existing in the underlying Office Park District.
(3)
A map of existing terrain conditions in the proposed Office Park Retail Overlay District, including topography with a vertical contour interval of no more than two feet, identification of soil types (including wetlands), existing drainage features, major rock outcroppings, the extent of existing wooded areas and other significant vegetation, existing stone walls, etc.
(4)
A site location sketch indicating the location of the proposed Office Park Retail Overlay District and project improvements with respect to neighboring streets and properties, including the names of all owners of property within 500 feet of the underlying Office Park District, showing the existing zoning of the property, and showing the location of all zoning district boundaries in the surrounding area.
(5)
A preliminary site development plan for the proposed Office Park Retail Overlay District and project improvements indicating the approximate location, footprint, height, and design of all buildings, the approximate floor plate of each retail use, the arrangement of parking areas and access drives, and the general nature and location of other proposed site improvements, including landscaping and screening, the storm drainage system, water and sewer connections, etc.
(6)
A description of the retail uses proposed for the Office Park Retail Overlay District, their complementary and mutually sustaining characteristics, their appropriateness for the comfort and convenience of occupants in the underlying Office Park District and occupants and residents in the community, and the manner in which they will provide products and services in an otherwise underserved market area.
(7)
A generalized time schedule for the staging and completion of the proposed project improvements.
(8)
An application fee in an amount as set forth by resolution of the Town Board in the Master Fee Schedule, which may be amended.
F.
If required by the Town Board or the Planning Board, as the case may be, for purposes of better illustrating or understanding the applicant's proposal, a three-dimensional scale model of the proposed Office Park Retail Overlay District's terrain and proposed improvements, in part or in its entirety, at a scale acceptable to the Board.
§ 60-360.3 Referral to Planning Board and Architectural Board of Review.
[Added 12-18-2014 by L.L. No. 2-2015]
Upon receipt of a properly completed application for establishment of an Office Park Retail Overlay District, eight copies of the application shall be referred to the Planning Board for review and report and five copies of the application shall be referred to the Architectural Board of Review for review and report. Within 65 days of the date of the Planning Board meeting at which such referral is received, the Planning Board shall make its report to the Town Board, and within 65 days of the date on which such referral is filed with the Secretary of the Architectural Board of Review, the Architectural Board of Review shall make its report to the Town Board. No action shall be taken by the Town Board until the later of (i) the earlier of the Town Board's receipt of the Planning Board report or the expiration of the Planning Board sixty-five-day review period, or (ii) the earlier of the Town Board's receipt of the Architectural Board of Review report or the expiration of the Architectural Board of Review sixty-five-day review period. Either or both of said review periods may be extended by resolution of the Town Board. Notwithstanding the foregoing, in the event that the Town Board has, prior to the effective date of this section, (i) referred a proposed preliminary development concept plan for the establishment of an Office Park Retail Overlay District to the Planning Board and Architectural Board of Review for review and report by those respective boards pursuant to § 60-600 or otherwise, (ii) received and duly considered the comments and recommendations in such reports, and (iii) determined, in its sole discretion, that the applicant's preliminary development concept plan is satisfactory in form and content, then the Town Board may resolve to waive further referrals to said boards pursuant to this § 60-360.3.
§ 60-360.4 Planning Board and Architectural Board of Review reports.
[Added 12-18-2014 by L.L. No. 2-2015]
A.
Planning Board report. The Planning Board, in its report to the Town Board, shall take into consideration the policies of the Town Development Plan, the existing nature and arrangement of land uses in the area, the relationship of the proposed design and location of improvements in the proposed Office Park Retail Overlay District to one another and to any proposed and existing improvements in the underlying Office Park District, traffic circulation into, out of, and within the proposed Office Park Retail Overlay District and into, out of, and within the underlying Office Park District, the adequacy of available utilities to service the proposed development, compliance of the proposed project improvements with the standards and requirements of this chapter without regard to this section, as well as existing land use and environmental regulations in the Town Code, including but not limited to wetlands and steep slope protection and tree removal, the then current need for such retail uses to serve the uses and occupants of the underlying Office Park District and the uses and occupants and residents of the existing nearby neighborhoods and in the target market area, the relationship of the project to the community character of the Town of New Castle, and other factors appropriately related to the purpose and intent of this section and the Town Code.
B.
Architectural Board of Review report. The Architectural Board of Review, in its report to the Town Board, shall take into consideration the relationship of the proposed architectural design and location of improvements in the proposed Office Park Retail Overlay District to one another, to any proposed and existing improvements in the underlying Office Park District, and to any existing improvements in the area, the purposes and criteria set forth in § 60-550 of this chapter, the Design Guidelines set forth in § 60-360.8.5 of this chapter, and other factors appropriately related to the purpose and intent of this section and the Town Code.
§ 60-360.5 Town Board public hearing.
[Added 12-18-2014 by L.L. No. 2-2015]
Within 45 days of the later of (i) the earlier of the Town Board's receipt of the Planning Board report or the expiration of the Planning Board sixty-five-day review period or (ii) the earlier of the Town Board's receipt of the Architectural Board of Review report or the expiration of the Architectural Board of Review sixty-five-day review period, the Town Board shall schedule and open a public hearing on the Office Park Retail Overlay District application with the same notice as prescribed by law for zoning amendments.
§ 60-360.6 Town Board action.
[Added 12-18-2014 by L.L. No. 2-2015]
A.
Within 45 days of the later of the date that the public hearing is closed or that all action required under the State Environmental Quality Review Act as a prerequisite to Town Board action has been taken, the Town Board shall act to approve, approve with modifications, or disapprove the preliminary development concept plan and the establishment of the Office Park Retail Overlay District. Said period may be extended by resolution of the Town Board. Approval or approval with modifications is required for and shall be deemed to authorize the applicant to proceed with the detailed design of the proposed project improvements in accordance with such concept plan and the subsequent procedures and requirements of this section. A copy of the resolution containing the Town Board's decision shall be forwarded to the Planning Board and to the applicant. A copy shall also be placed on file in the office of the Town Clerk and, if in the form of an approval, the official copy of the Town Zoning Map shall be amended accordingly.
B.
Approval of establishment of an Office Park Retail Overlay District shall expire within 12 months of the date of Town Board approval if the applicant has not applied for and received site development plan approval and final subdivision plat approval, if appropriate, from the Planning Board in accordance with the requirements of this chapter and unless work on the site is begun within 18 months of Town Board approval and is being prosecuted to conclusion with reasonable diligence. The Town Board, upon request of the applicant, may extend either or both of the above time periods by resolution in increments of not more than six months each time that an extension is granted.
C.
In the event of an expiration of approval, the Office Park Retail Overlay District shall automatically be removed from the subject property, such property shall revert to its underlying Office Park District zoning classification, and the Town Clerk shall amend the official copy of the Zoning Map accordingly.
§ 60-360.7 Final site development plan approval by Planning Board.
[Added 12-18-2014 by L.L. No. 2-2015]
A.
No earthwork, land clearing, construction, or development shall take place within an Office Park Retail Overlay District except in accordance with a site development plan approved by the Planning Board in accordance with this chapter and with the procedures and standards for site development plan approval as set forth in § 60-440 of this chapter.
B.
Where a proposed Office Park Retail Overlay District development also involves any subdivision or resubdivision of land, no development may proceed until the Planning Board has granted final subdivision approval in accordance with the standards and procedures of the Land Subdivision Regulations, Chapter 113 of this Code, and the final plat has been filed in the Westchester County Clerk's Office, Land Records Division.
§ 60-360.8 Development standards.
[Added 12-18-2014 by L.L. No. 2-2015]
Development within an Office Park Retail Overlay District shall be governed by the same standards as apply to development in the underlying Office Park District without regard to the Office Park Retail Overlay District, except as modified below.
§ 60-360.8.1 Location.
[Added 12-18-2014 by L.L. No. 2-2015]
The establishment of an Office Park Retail Overlay District shall be permitted only within an Office Park District.
§ 60-360.8.2 Maximum size.
[Added 12-18-2014 by L.L. No. 2-2015]
The maximum site size of an Office Park Retail Overlay District shall be 35% of the size of the underlying Office Park District.
§ 60-360.8.3 Floor areas.
[Added 12-18-2014 by L.L. No. 2-2015; amended 12-15-2015 by L.L. No. 14-2015; 6-14-2016 by L.L. No. 5-2016; 12-17-2019 by L.L. No. 15-2019]
A.
The maximum aggregate floor area in an Office Park Retail Overlay District shall not exceed 120,000 square feet, and the maximum occupied aggregate floor area in the nonoverlay portion of the Office Park District for all uses other than AFFH model ordinance[1] units shall not exceed 500,000 square feet.
[1]
Editor's Note: See § 60-220.
B.
The floor area of accessory structures used by a full-service grocery store, as required by § 60-360.8.4, and other retail uses, including but not limited to a shed or other structure, shall be counted toward the maximum aggregate floor area permitted in the Office Park Retail Overlay District.
C.
The minimum floor area occupied by a single use in an Office Park Retail Overlay District shall be 1,500 square feet, except that no more than three tenants will be permitted to occupy more than 1,000 square feet, but less than 1,500 square feet. Other than the full-service grocery store required by § 60-360.8.4 and indoor fitness-related use(s), the maximum floor area occupied by a single use in the Office Park Retail Overlay District shall not exceed 18,000 square feet.
§ 60-360.8.4 Required uses.
[Added 12-18-2014 by L.L. No. 2-2015; amended 6-14-2016 by L.L. No. 5-2016]
A.
Any Office Park Retail Overlay District must provide space for (i) a full-service grocery store occupying at least 30,000 square feet but not more than 45,000 square feet, and (ii) an indoor health- or fitness-related use or uses, such as an athletic, tennis, squash, swim, health or fitness club; yoga, dance, Pilates, CrossFit, cycling or other exercise studio, wellness center or day spa; or similar commercial health-, recreation- or fitness-related use or uses, occupying at least 25,000 square feet.
B.
Notwithstanding the provisions set forth in §§ 60-360 and 60-360.8.4A(ii) establishing a minimum occupancy requirement of 25,000 square feet for indoor health or fitness uses, this square footage requirement shall be reduced upon a showing to the Town Board's reasonable satisfaction, no earlier than three years after issuance of a certificate of occupancy for 25,000 square feet of health or fitness uses, that any single fitness tenant occupying such required minimum 25,000 square feet ("single fitness tenant") has ceased operating said fitness use due to its inability to maintain an economically sustainable business and thereafter has made a good faith effort for not less than six months after said three-year period to re-lease such space to other health or fitness tenants in an effort to meet the minimum occupancy requirement of 25,000 square feet, with such reduction being in the minimum amount shown to be warranted by the aforementioned good faith effort to meet the minimum occupancy requirement of 25,000 square feet, and with such reduction, not to include any existing and operational health or fitness tenant occupying less than 25,000 square feet.
C.
For any application made pursuant to § 60-360.8.4B seeking a reduction of the minimum occupancy requirement of 25,000 square feet for indoor health or fitness uses, the following procedures and requirements shall apply:
(1)
The applicant shall demonstrate that it engaged a licensed real estate brokerage firm with (a) a national footprint of locations, (b) a local office within 50 miles of New Castle, and (c) at least 50 licensed brokers under its employ, to undertake the requisite good faith effort continuing for not less than six months to re-lease, in whole or in part, the space vacated by the single fitness tenant;
(2)
The applicant shall demonstrate that it implemented a marketing and leasing campaign for a continuous period of not less than six months, which campaign included, without limitation, (a) advertising in both print and online media, (b) attending industry trade shows, (c) signage (subject to applicable law), and (d) mailings;
(3)
The applicant shall furnish verifiable proof that it contacted all health and/or fitness operators with multistate locations, as well as locations occupying more than 5,000 square feet and situated within 10 miles of the OPROD, regarding the availability of the space vacated by the single fitness tenant and provided said operators with marketing materials relating to the space;
(4)
The applicant shall demonstrate that throughout the aforementioned six-month marketing and leasing campaign, the asking rent for the space vacated by the single fitness tenant was not greater than rent charged by comparable premises within 10 miles of the space in question, and in no event greater than the current rent obligation set forth in the lease of the single fitness tenant; and
(5)
The applicant must agree to pay any financial obligations arising from the sublease of the space vacated by the single fitness tenant, including but not limited to brokerage commissions, and any free rent or tenant improvement allowance(s).
§ 60-360.8.5 Site planning and design guidelines.
[Added 12-18-2014 by L.L. No. 2-2015]
A.
Site planning. Where an Office Park Retail Overlay District is sought to be established on property presently used or approved for a mix of office and residential uses, a site plan for the proposed future mixed use of the entire property shall be submitted and approved as a condition of preliminary development concept plan approval. Such site plan shall conform with the design and conditions, if any, of the approved PDCP and, to the greatest extent practicable, incorporate Traditional Neighborhood Design (TND) principles and standards intended to diversify and integrate land uses within close proximity to each other, and provide for recreational and shopping needs of the community. TND elements include, but are not limited to:
(1)
A mix of uses that could include residential, retail, commercial, civic, and open spaces uses in close proximity to one another, jointed together as a two-sided "main street" environment, with open store fronts onto the "main street" and located in close proximity to adjacent residential development. Such a "main street" is to be a two-lane limited distance thoroughfare, providing for such uses as mixed-use retail, commercial and civic. Sidewalks should include street trees, pedestrian scale lighting and "main street" amenities such as benches and bicycle racks.
(2)
A system of relatively narrow, interconnected streets, roads, drives, and other thoroughfare types with sidewalks and bikeways, that offer multiple routes for motorists, pedestrians, and bicyclists and provides for the connections of those thoroughfare types to existing and future development.
(3)
Compatibility of buildings and other improvements as determined by their arrangement, bulk, form, character and landscaping to establish a harmonious environment.
(4)
Coordination of transportation systems with a hierarchy of appropriately designed facilities for pedestrians, bicycles, and vehicles.
(5)
Well-configured squares, plazas, greens, landscaped streets, preserves, greenbelts and parks woven into the pattern of the neighborhood which are landscaped and furnished to serve the public's active and passive recreation needs.
(6)
Architecture, landscape, lighting and signage that respond to the unique character of the site.
(7)
Parallel parking may be placed on the "main street." Parking lots placed directly fronting a street should be avoided. If unavoidable, they should be screened. Off-street parking between building fronts and the street should be avoided.
B.
The preliminary location and design of buildings and improvements in the Office Park Retail Overlay District shall be included as part of the preliminary development concept plan for the Office Park Retail Overlay District and approved by the Town Board as part of its approval of the preliminary development concept plan.
C.
Design of buildings and other improvements and architecture in an Office Park Retail Overlay District shall be consistent with and complement one another and the design of the other buildings and improvements in the balance of the underlying Office Park District and otherwise consistent with the following guidelines:
(1)
The historic architectural character and iconic features of existing buildings should be preserved and/or respected in any proposed adaptive re-use.
(2)
Visual harmony and unity should be achieved by the use of similar building materials, forms, colors, and scale in the Office Park Retail Overlay District as are found in the underlying Office Park District.
(a)
Standard brick, as opposed to concrete block or siding, should be used.
(b)
Large areas of unbroken materials such as stucco, paneling, stone, glass, or plastic should not be used generally.
(c)
Windows generally should be broken into smaller elements by vertical and horizontal mullions.
(d)
Window awnings and trim should be of the same or complementary color to visually unify the buildings and uses.
(3)
Mechanical equipment such as condensers, satellite dishes and other antennas, and solar energy collector panels should be mounted or screened in such a way as to conceal them from view at the street level.
(4)
Utility service lines should be underground to all buildings and decorative street lights, and vaults for underground utilities should be installed as part of any sidewalk construction, even if the vaults are not to be used initially.
(5)
All dumpster and trash storage areas should be enclosed or screened from view with a fence and secure gate.
§ 60-360.8.6 Signage.
[Added 12-18-2014 by L.L. No. 2-2015]
A.
Signage in an Office Park Retail Overlay District shall:
(1)
Further the objectives set forth in § 60-410D(1) through (8) of this chapter, and comply with the standards of general applicability within § 60-410D of this chapter, unless otherwise provided herein, but shall not be subject to the standards set forth in § 60-410D(13) of this chapter.
(2)
Be consistent with the design and presentation of the buildings and improvements in the Office Park Retail Overlay District and in the underlying Office Park District and with the following guidelines:
(a)
Relationship to buildings:
[1]
Signs should be designed in careful consideration of their architectural context. They should relate in color and style to the others in the Office Park Retail Overlay District and in the underlying Office Park District. They should not cover architectural features such as columns, cornices, decorative elements, or windows.
[2]
The location for display of signs should be an integral part of the architecture of a building.
(b)
Signs should be of a scale that gives due regard to the character of the surrounding neighborhoods and still is in keeping with the visual environment of the underlying Office Park District and the Office Park Retail Overlay District.
(c)
The color intensity of all signs should be consistent with the colors used in the Office Park Retail Overlay District and the underlying Office Park Retail Overlay District.
(d)
Illumination of signs in the Office Park Retail Overlay District shall be permitted subject to the following:
[1]
Signage visible to or adjoining residential areas to be designed with directional lighting, so as not to shed light on residential properties.
[2]
No flashing, rotating, or intermittent illumination shall be permitted.
[3]
Hours of illumination of signage adjoining residential areas shall be limited to not later than the close of business for the establishment displaying the illuminated sign.
[4]
Interior illumination of a sign shall not be permitted unless such illumination is confined to the sign's lettering and/or symbols, except that the illumination of the background area of a sign with interior illumination may be permitted, provided that the applicant can demonstrate to the satisfaction of the approving authority that such lighting will not result in a level of illumination or glare such that the sign may cause a distraction to motorists or negatively impact surrounding properties. Where interior illumination of a sign's background materials is sought, the applicant shall bear the burden of proof of demonstrating compliance with the above standards.
[5]
Illuminated sign bands, and illuminated traffic directional signs with retail tenant names within parking lots and internal drives, shall be permitted where conceptually approved by the Town Board in the preliminary development concept plan or by separate resolution, or by the Planning Board in its site development plan approval.
(e)
Sign types:
[1]
All uses should be required to display a sign identifying the name of their business.
[2]
Signs depicting types of use(s) in graphic form are encouraged and should be either affixed to or hung on the buildings to add visual interest to the shopping environment.
[3]
Either a bracket sign or a wall sign should be permitted for any use.
(3)
A conceptual signage plan shall be part of the preliminary development concept plan for the Office Park Retail Overlay District, but final approval of signage shall be part of the Planning Board's site development plan approval.
(4)
After the Planning Board's approval of signage as part its site development plan approval, changes in sign design, color, and style in the Office Park Retail Overlay District shall be subject to review and approval by the Board of Architectural Review in accordance with this section, the preliminary development concept plan, and the procedures and standards set forth in § 60-550 of this chapter.
§ 60-360.8.7 Parking and loading standards.
[Added 12-18-2014 by L.L. No. 2-2015]
Except as otherwise set forth below, the standards of § 60-420F(3) of this chapter shall apply to each improvement and use in an Office Park Retail Overlay District.
A.
The otherwise applicable requirements of § 60-420F(3) of this chapter may be reduced by the Town Board as part of the preliminary development concept plan for the Office Park Retail Overlay District if the Town Board finds and determines that the capacity of on-site parking is sufficient to meet the demands of the retail uses or that it will be sufficient by reason of the provision of nonreserved parking spaces and variation in the probable time of maximum use by visitors, patrons, and employees of such use(s) and the availability of other parking spaces in the balance of the underlying Office Park District, but:
(1)
The Town Board may require a parking accumulation study to be prepared to demonstrate that sufficient parking spaces exist so that no overflow parking is likely to occur in any street, or to support any reduction in parking granted by the Town Board below the otherwise applicable requirements of § 60-420F(3) of this chapter.
(2)
At no time shall the aggregate parking requirement for the Office Park Retail Overlay District be reduced to less than five parking spaces per 1,000 square feet of floor area.
B.
Any change in use of more than 10,000 square feet of floor area in an Office Park Retail Overlay District shall require:
(1)
If land banked parking spaces are available, either:
(a)
Submission of a parking accumulation study to the Planning Board, and if the Planning Board determines on the basis thereof that additional parking spaces are required to accommodate the demand of the new use, then land banked spaces must be made available for use.
(b)
Amendment or reapproval of the preliminary development concept plan by the Town Board in accordance with this section.
(2)
If land banked parking spaces are not available, amendment of the preliminary development concept plan by the Town Board in accordance with this section.
(3)
If determined to be necessary by the Town Board or Planning Board, as applicable, an owners' agreement for the integrated operation of the site, or an amendment to such existing owners' agreement, shall be required and shall be in writing in recordable form satisfactory to the Town Attorney.
§ 60-360.8.8 Site characteristics.
[Added 12-18-2014 by L.L. No. 2-2015]
The shape, dimension, topography, and location of any Office Park Retail Overlay District must allow for an appropriate and attractive development with building placements and site amenities that encourage pedestrian movement between buildings and uses. Robust and substantial screening and buffer areas shall be created and maintained to ensure a harmonious relationship with adjoining land uses and the natural physical terrain. The Planning Board shall require measures that advance these goals to the greatest extent practicable during the site plan process.
§ 60-360.9 Operational characteristics.
[Added 12-18-2014 by L.L. No. 2-2015]
Hours of operation of the uses in an Office Park Retail Overlay District, as well as illumination of buildings, signs, parking lots, and other exterior features in an Office Park Retail Overlay District may be fixed by the Planning Board during its review and approval of the site development plan.
§ 60-360.10 Ownership.
[Added 12-18-2014 by L.L. No. 2-2015]
The property in a proposed Office Park Retail Overlay District may be owned by one or more persons, organizations, or entities but shall be presented as a single parcel of land with integrated site operations at the time application for rezoning is made. The application shall be jointly authorized or filed by all owners and, if approved, shall be jointly binding on them. An owners' agreement for integrated operation of the site shall be confirmed by written agreement, in recordable form satisfactory to the Town Attorney.
§ 60-360.11 Conflicts with other zoning requirements.
[Added 12-18-2014 by L.L. No. 2-2015]
A.
In approval of a preliminary development concept plan under § 60-360 et seq., the Town Board may vary the bulk and area zoning requirements that would otherwise apply under any other provision of this chapter.
B.
If any provision of § 60-360 et seq., Office Park Retail Overlay District, conflicts with any other requirement of this chapter, the Office Park Retail Overlay District provision shall supersede that other requirement to the extent of such inconsistency.
§ 60-360.12 Green building standards.
[Added 12-18-2014 by L.L. No. 2-2015]
The provisions set forth in Chapter 74 of the Town Code relating to the incorporation of green building measures in the design, construction and maintenance of buildings that minimize short-term and long-term negative impacts on the environment shall be applicable within an Office Park Retail Overlay District.
§ 60-370 Indian Brook-Croton Gorge Watershed Protection Overlay District.
[Added 10-1-2024 by L.L. No. 6-2024]
A.
Findings and purpose. The purpose of the Indian Brook-Croton Gorge Inter-Municipal Watershed Protection Overlay District is to protect the health and welfare of residents living within the boundaries of the of the Indian Brook-Croton Gorge Watershed by minimizing the potential for groundwater and surface water contamination and taking steps to limit the severity of resource degradation. The Indian Brook-Croton Gorge Watershed encompasses portions of five municipalities, including the Towns of Cortlandt, New Castle, and Ossining, and the Villages of Croton-on-Hudson and Ossining. Since the actions of upstream municipalities can have as much of an impact on a downstream municipality's land and water resources as those actions carried out locally, a commitment from all municipalities within a watershed is critical to protecting the health of its resources. The intent of this section is to create a partnership for the comprehensive management of the Indian Brook-Croton Gorge Watershed by creating provisions for:
(1)
Protecting and restoring the natural resources, most significantly the Croton River, Indian Brook Reservoir, existing wetlands and groundwater drinking sources;
(2)
Developing and implementing stormwater management practices that will improve water quality;
(3)
Promoting sustainable development through land use and environmental regulations;
(4)
Preserving and protecting fish, wildlife, and significant habitat; and
(5)
Educating the public.
B.
Definitions. For purposes of this § 60-370, the following definitions shall apply:
AGRICULTURAL ANIMAL WASTE
Manure and other animal waste derived from agricultural industries.
AQUIFER
A consolidated or unconsolidated geologic formation, group of formations or part of a formation capable of yielding a significant or economically useful amount of groundwater to wells, springs or infiltration galleries.
BATTERY ENERGY STORAGE SYSTEM
A rechargeable energy storage system consisting of batteries, battery chargers, controls, power conditioning systems and associated electrical equipment. The system is typically used to provide standby or emergency power, an uninterruptible power supply, load shedding, load sharing, smoothing and dispatching of intermittent renewable energy sources, or similar capabilities. A battery energy storage system is classified as a Tier 1, Tier 2, or Tier 3 battery energy storage system as follows:
(1)
Tier 1 battery energy storage systems include either:
(a)
Battery energy storage systems for one- to two-family residential dwellings within or outside the structure with an aggregate energy capacity that shall not exceed:
[1]
40 kWh within utility closets and storage or utility spaces.
[2]
80 kWh in attached or detached garages and detached accessory structures.
[3]
80 kWh on exterior walls.
[4]
80 kWh outdoors on the ground.
(b)
Other battery energy storage systems with an aggregate energy capacity less than or equal to the threshold capacity listed in Table 1.
Table 1 | |
|---|---|
Battery Technology | Capacity |
Flow batteries | 20 Kwh |
Lead acid, all types | 70 Kwh |
Lithium, all types | 20 Kwh |
Nickel cadmium (Ni-Cd) | 70 Kwh |
Nickel metal hydride (Ni-MH) | 70 Kwh |
Other battery technologies | 10 Kwh |
(2)
Tier 2 battery energy storage systems include battery energy storage systems that are not included in Tier 1, have an aggregate energy capacity greater than the threshold capacity listed in Table 1, and have an aggregate energy capacity less than 600 kWh.
(3)
Tier 3 battery energy storage systems include all the following:
(a)
Battery energy storage systems with an aggregate energy capacity greater than or equal to 600 kWh.
(b)
Battery energy storage systems with more than one storage battery technology provided in a room or indoor area.
BUILDING INSPECTOR
Refer to Chapter 48 of the Town of New Castle Town Code.
CHLORIDE SALT
Any bulk quantities of chloride compounds and other de-icing compounds intended for application to roads, including mixes of sand and chloride compounds in any proportion where the chloride compounds constitute over 8% of the mixture. A bulk quantity of chloride compounds means a quantity of 1,000 pounds or more but does not include chloride compounds in a solid form, including granules, which are packaged in waterproof bags or containers which do not exceed 100 pounds each.
DISCHARGE
Any intentional or unintentional action or omission in the releasing, spilling, leaking, pumping, pouring, emitting, emptying, or dumping into the waters of the municipality or onto lands from which the discharged substances or material might flow or drain into said waters, or into waters outside the jurisdiction of the municipality, when damage may result to the lands, waters, or natural resources within the jurisdiction of the municipality.
DRINKING WATER WELL
Any present or future artificial excavation used as a source of public or private water supply which derives water from the interstices of the rocks or soils which it penetrates, including bored wells, drilled wells, driven wells, infiltration galleries, and trenches with perforated piping, but excluding ditches or tunnels, used to convey groundwater to the surface.
ENVIRONMENTAL COORDINATOR
Refer to Chapter 137, Wetlands, of the Town of New Castle Town Code.
FERTILIZER
Any commercially produced mixture generally containing phosphorous, nitrogen and potassium which is applied to the ground to increase nutrients to plants.
GENERATOR OF HAZARDOUS WASTE
Any person or site whose act or process produces hazardous waste.
GROUNDWATER
Water contained in interconnected pores and fractures in the saturated zone in an aquifer.
HAZARDOUS SUBSTANCE
Any substance, including any petroleum by-product, which may cause harm to humans or the environment when improperly managed. A complete list of all hazardous substances except for petroleum by-products can be found in 6 NYCRR 597.2, Tables 1 and 2, and amendments thereto.
HAZARDOUS WASTE
See 6 NYCRR Part 371 and amendments thereto for the identification and listing of hazardous wastes.
HERBICIDE
Any substance or mixture of substances intended to prevent, destroy, repel, or mitigate any weed, including those substances defined as herbicides pursuant to Environmental Conservation Law § 33-0101, and amendments thereto.
LARGE SCALE SOLAR COLLECTOR OR SOLAR FARM
As defined in § 60-410L, Solar collectors and installations.
LOW IMPACT DEVELOPMENT (LID)
Refers to systems and practices that use or mimic natural processes that result in the infiltration, evapotranspiration or use of stormwater in order to protect water quality and associated aquatic habitat.
MANURE
Animal feces and urine.
MINING
Any operation which involves the breaking of the earth's surface for the purpose of extracting and removing raw natural materials (such as topsoil) from the premises for the purpose of sale or off-premises use.
MUNICIPAL WATER SUPPLY
Aquifers and watersheds within the Indian Brook-Croton Gorge Watershed that serve as water sources for municipal water systems.
MUNICIPAL WATER SYSTEM
A water system which provides piped water to the public for human consumption as defined and regulated by 10 NYCRR Subpart 5-1.
NATURAL RECHARGE
The replenishment of underground water reserves.
NON-POINT DISCHARGE
Discharges of pollutants not subject to SPDES (State Pollutant Discharge Elimination System) permit requirements.
OVERLAY MAP
The overlay map showing the boundaries of the Indian Brook-Croton Gorge Watershed Protection Overlay District.
PEST
Any insect, rodent, fungus or weed; or any other form of terrestrial or aquatic plant or animal life or virus, bacteria or other microorganism (except viruses, bacteria or other microorganisms on or in living man or other living animals) which the Commissioner of Environmental Conservation declares to be a pest as provided in Environmental Conservation Law § 33-0101.
PESTICIDE
Any substance or mixture of substances intended to prevent, destroy, repel, or mitigate any pest, including any substances defined as pesticides pursuant to Environmental Conservation Law § 33-0101 et seq. and amendments thereto.
PETROLEUM
Oil or petroleum of any kind and in any form, including but not limited to oil, petroleum fuel oil, oil sludge, oil refuse, oil mixed with other waste, crude oil, gasoline, and kerosene, as defined in 6 NYCRR 597.1(b)(7) and amendments thereto.
POINT SOURCE DISCHARGE
Pollutants discharged from a point source as defined in Environmental Conservation Law § 17-0105 and amendments thereto.
POLLUTANT
Any material or byproduct determined or suspected to be hazardous to human health or the environment as defined in Environmental Conservation Law § 17-0105 and defined in Chapter 137, Wetlands, of the Town of New Castle Town Code.
SOLID WASTE
Includes all manner of useless or unwanted or discharged solid or semisolid nontoxic, domestic, commercial, industrial, institutional, construction and demolition waste materials, except hazardous, toxic, chemical, human or rendering wastes.
STATE POLLUTANT DISCHARGE ELIMINATION SYSTEM (SPDES)
The system established pursuant to Article 17, Title 8, of the Environmental Conservation Law for issuance of permits authorizing discharges to the waters of the State of New York.
STEEP SLOPES
Within the Watershed Protection Overlay District, a steep slope is defined as any slope greater than 15% and as defined in Chapter 108, Steep Slope Protection, of the Town of New Castle Town Code.
STORMWATER HOTSPOTS
A land use or activity that generates higher concentrations of hydrocarbons, trace metals, or toxicants than are found in typical stormwater runoff, based on monitoring studies. For purposes of this overlay district, the following land uses and activities are deemed stormwater hotspots:
(1)
Vehicle salvage yards and recycling facilities.
(2)
Vehicle fueling stations.
(3)
Vehicle service and maintenance facilities.
(4)
Vehicle and equipment cleaning facilities.
(5)
Fleet storage areas (bus, truck, etc.).
(6)
Industrial sites.
(7)
Marinas (service and maintenance).
(8)
Outdoor liquid container storage.
(9)
Outdoor loading/unloading facilities.
(10)
Public works storage areas.
(11)
Facilities that generate or store hazardous materials.
(12)
Commercial container nursery.
(13)
Other land uses and activities as designated by an appropriate review authority.
STORMWATER POLLUTION PREVENTION PLAN (SWPPP)
A plan for controlling stormwater runoff and pollutants from a site during and after construction activities as defined in Chapter 108A, Stormwater Management and Erosion and Sediment Control, of the Town of New Castle Town Code.
SURFACE WATERS OF THE STATE OF NEW YORK
Lakes, bays, sounds, ponds, impounding reservoirs, springs, wells, rivers, streams, creeks, estuaries, marshes, inlets, canals, the Atlantic Ocean within the territorial seas of the State of New York and all other bodies of surface water, natural or artificial, inland or coastal, fresh or salt, public or private (except those private waters that do not combine or effect a junction with natural surface or underground waters), which are wholly or partially within or bordering the state or within its jurisdiction. Storm sewers and waste treatment systems, including treatment ponds or lagoons which also meet the criteria of this definition, are not waters of the state. This exclusion applies only to man-made bodies of water which neither were originally created in waters of the state (such as a disposal area in wetlands) nor resulted from impoundment of waters of the state.
TOWN ENGINEER
Refer to Chapter 108, Steep Slope Protection; Chapter 108A, Stormwater Management and Erosion and Sediment Control; and Chapter 108B, Illegal Discharges and Illicit Connections, of the Town of New Castle Town Code.
WASTEWATER
Water that is not stormwater, is contaminated with pollutants and is or will be discarded.
WASTEWATER TREATMENT SYSTEM
Any treatment plant, sewer, disposal field, lagoon, pumping station, septic system, collection and distribution pipes, on-site disposal systems and seepage units, constructed drainage ditch or surface water intercepting ditch, or other system not specifically mentioned in this definition, installed for the purpose of transport, treatment, neutralization, stabilization, storage, or disposal of wastewater.
WATER SUPPLY
The groundwater resources of the watershed, or the groundwater resources used for a particular well or community water system, in the Indian Brook Watershed.
WATERCOURSE
A permanent or intermittent stream or other body of water as defined by Chapter 135, Watercourses, of the Town of New Castle Town Code.
WATERSHED
The land area which contributes water, including surface runoff and groundwater flow, to a specific stream or surface water body.
WATERSHED PROTECTION OVERLAY DISTRICT (WPOD)
Indian Brook-Croton Gorge Inter-Municipal Watershed Protection Overlay District. The watershed for specific municipal water supplies, as designated on the official Watershed Protection Overlay District Map and described in Subsection D of this section.
WELLHEAD
The component at the surface of an oil or gas well that provides the structural pressure containing an interface for the drilling and production equipment. "Wellhead" can also be defined as the top of a community drinking water supply. This definition is not intended to address private residential drinking water wells.
WETLAND BUFFER AREAS
An area surrounding a wetland, watercourse or water body as defined in Chapter 137, Wetlands, and Chapter 64, Environmental Overlay Protection Regulations, of the Town of New Castle Town Code that is subject to the regulations specified herein. A buffer is intended to provide protection from human activity and other encroachment associated with development.
C.
Applicability.
(1)
The provisions of this section shall be applicable to all new land use, construction, or subdivision within the Indian Brook-Croton Gorge Inter-Municipal Watershed Protection Overlay District. Existing land use, construction, improvements and subdivisions completed prior to the effective date of adoption of this chapter are not subject to the requirements herein.
(2)
These prohibitions, restrictions, and principles shall be applied within the Watershed Protection Overlay District through the existing building permit, site plan review, and code enforcement procedures of each municipality in the Indian Brook-Croton Gorge Inter-Municipal Watershed Protection Overlay District by its officers and boards. Additionally, all development in the watershed shall be in accordance with New York State Department of Environmental Conservation regulations related to environmental protection and stormwater management.
(3)
Site plan review by the agency having approving jurisdiction is required for all new activities or property uses in the Watershed Protection Overlay District, except one- and two-family residences, and shall take into consideration the requirements and principles outlined in this chapter.
(4)
Within the Watershed Protection Overlay District, all new subdivisions greater than four lots in size shall be designed as a conservation/cluster subdivision with a minimum of 30% of the parcel permanently preserved.
D.
Boundaries.
(1)
The boundaries Indian Brook-Croton Gorge Inter-Municipal Watershed Protection Overlay District are established on a map entitled "Indian Brook-Croton Gorge Inter-Municipal Watershed Protection Overlay District, Westchester County, NY 2023" (watershed map), which is adopted simultaneously herein.[1] The areas included encompass the entire watersheds of Indian Brook and the Croton Gorge and their tributaries which are sub-watersheds of the larger Croton Bay Watershed. The Indian Brook-Croton Gorge Watershed includes watersheds and aquifers that function as sources of supply for municipal water systems. The particular municipal water supplies protected under this chapter include:
(a)
Indian Brook Reservoir/Indian Brook Basin: serves as a drinking water source for portions of the Town and Village of Ossining, and portions of the Town of New Castle.
(b)
Croton Gorge Basin and Croton River Aquifer: a water source for the Village of Croton-on-Hudson water system and a water source for individual wells within portions of the Town of Cortlandt and the Town of New Castle.
[1]
Editor's Note: Said map is on file in the Town offices.
(2)
Where uncertainty exists as to the boundaries shown on the Watershed Map, the following shall apply:
(a)
Where area boundaries are indicated as approximately following a street, railroad, or highway line or centerlines thereof, such lines shall be construed as said boundaries.
(b)
Where area boundaries are indicated as approximately following lot lines, such lot lines shall be construed to be said boundaries. However, a survey plat prepared by a registered land surveyor may be submitted to the municipality as evidence that one or more properties along these boundaries do not lie within the protected area.
(c)
Where the boundaries lie at a scaled distance of more than 25 feet from any parallel lot line, the boundaries shall be determined by use of the scale appearing on the Watershed Map.
(d)
Where the boundaries lie at a scaled distance of less than 25 feet from any parallel lot line, the boundaries shall be construed to be the lot line.
(e)
When a large parcel is bisected by the boundary, the applicant may submit a detailed topographical map of the property as documentation of those portions of the property that are within as well as outside the boundary.
(f)
Where other uncertainty exists, the authorized approval agency shall interpret the Watershed Map as to location of such boundaries. The municipality may, at the applicant's expense, consult with agencies or others in determination of a project's location within a protected area and applicability of these standards.
E.
Effect of district. Within the WPOD, all underlying land use district rules remain in effect, except as they are specifically modified by this § 60-370. In case of a conflict between this § 60-370 and the underlying use regulations, the more restrictive shall control. Nothing in this § 60-370 shall be construed to allow uses that are not permitted by the underlying land use district.
F.
Prohibited uses and practices. The following uses shall be prohibited in the WPOD District:
(1)
Disposal of hazardous material or solid waste.
(2)
Treatment of hazardous material, except remediation programs authorized by a government agency for treating hazardous material that existed on the site prior to the adoption of this land use law.
(3)
The creation or manufacturing of any hazardous materials.
(4)
Dry cleaning, dyeing, printing, photo processing, and any other business that stores, uses, or disposes of hazardous material, unless all facilities and equipment are designed and operated to prevent the release or discharge of hazardous material.
(5)
Disposal of septage or septic sludge.
(6)
Automobile service and gas filling stations.
(7)
New underground storage of petroleum.
(8)
Petroleum product pipelines.
(9)
Large-scale solar collector or solar farm vehicle storage yards/truck terminals.
(10)
Contractors' yards.
(11)
The bulk storage of de-icing salt, except in municipally approved impervious structures.
(12)
Installation of dams, water diversions, and stream channelization except undertaken directly in relationship to drinking water resources and protection of existing structures and existing utilities.
(13)
Clearing of more than 30,000 square feet of vegetation without a site plan approval.
(14)
Landfill of domestic, industrial, construction and demolition, or hazardous materials.
(15)
Junkyards.
(16)
Land spreading of sludge or ash, including domestic wastewater or waste industrial process material, except for ash from individual residential heating equipment.
(17)
New dry wells directly connected to any floor drain, garage drain, wash basin or sink.
(18)
New fuel storage facilities in any amount greater than 660 gallons.
(19)
Commercial trash containers and dumpsters which are not under a roof or which are located so that leachate from the receptacle could escape unfiltered and untreated.
(20)
Any mining activities, including consolidated and solution mining activities, unless permitted by the New York State Department of Environmental Conservation.
(21)
Point source discharges, other than discharges authorized by permits issued by the New York State Department of Environmental Conservation.
(22)
Tier 3 battery energy storage systems.
G.
Performance criteria.
(1)
All construction activities (as defined by the agency having approving jurisdiction) that involve soil disturbances greater than 5,000 square feet shall comply with the New York State Department of Environmental Conservation (NYSDEC) Stormwater Design Manual dated 2015 or most recent edition. All construction activities shall be required to meet the standards set forth in the SPDES general permit for construction activities that involve soil disturbances greater than 5,000 square feet and all stormwater pollution prevention plans shall meet water quantity and quality controls for all new impervious surfaces as outlined below.
(2)
Any new construction activity which creates new impervious surfaces greater than 1,000 square feet shall be treated for water quality volume (WQv), peak flows (cfs) and volume (cf) as outlined in the New York State Department of Environmental Conservation (NYSDEC) Stormwater Design Manual, latest edition, and Chapter 108A of the Town of New Castle Town Code and include enhanced requirements for pollutants of concern as outlined and incorporated in the NYSDEC Stormwater Management Design Manual, latest edition.
(3)
Low impact development (LID) practices shall be provided to the extent feasible for all new development or redevelopment within the watershed, including the use of bioretention facilities, rain gardens, vegetated rooftops, rainwater harvesting, and permeable pavements.
(4)
Pollutant loadings will not damage any wetland, water body or watercourse.
(5)
Grading and removal of vegetation is minimized for all construction.
(6)
Septic systems must be pumped at least once during every five-year period.
(7)
The storage and stockpiling of manure and other animal waste for use in agricultural operations, agricultural use of fertilizers and land application of manure, and pesticide (including herbicide) storage and use shall comply, to the maximum extent possible, with the practices detailed in the most current versions of "Controlling Agricultural Nonpoint Source Water Pollution in New York State - A Guide to the Selection of Best Management Practices to Protect Water Quality," published by the Bureau of Technical Services and Research, Division of Water, or "Agricultural Management Practices Catalogue for Nonpoint Source Pollution Prevention and Water Quality Protection in New York State."
(8)
Fertilizers, pesticides, and herbicides shall not be applied in a manner or at a rate which contributes to or causes a contravention of the water quality standards set forth in 6 NYCRR Parts 700 to 705.
(9)
Pesticide storage and use (including herbicides) are subject to the approval of, and shall comply with the regulations of, the New York State Department of Environmental Conservation.
(10)
Disposal of pesticide, including herbicides, is prohibited unless authorized by a permit issued by the New York State Department of Environmental Conservation.
(11)
Disposal of water used for pesticide makeup water or for washing of pesticide equipment is prohibited unless authorized by a permit issued by the New York State Department of Environmental Conservation.
(12)
Use of streams as sources of water for the washing of equipment used in conjunction with pesticide or herbicide application is prohibited.
(13)
Lawn chemicals (pesticides and herbicides) shall not be applied within 25 linear feet of any watercourse, or within a wellhead buffer area.
(14)
Storage of chloride salts and coal shall be in structures designed to minimize contact with precipitation and constructed on low-permeability pads designed to control seepage and run-off.
(15)
Chloride salt application. De-icing chloride salt use is restricted to the minimum amount needed for safety purposes.
(16)
Any petroleum storage tank(s) installed or replaced after the effective date of this chapter must be aboveground or fully visible for inspection within the basement or other interior space, and secondary containment is required for all new tanks.
H.
General provisions for wetlands, watercourses, water bodies, wetland buffer areas and steep slopes. These regulations apply to all wetlands, watercourses, water bodies and buffer areas as defined in defined in Chapter 137, Wetlands, of the Town of New Castle Town Code and located within the Indian Brook-Croton Gorge Inter-Municipal Watershed Protection Overlay District (regardless of size).
(1)
Development of wetlands, watercourses, water bodies and buffer areas are to be avoided except where no reasonable alternative exists or where the applicant would otherwise suffer undue hardship if a permit is not issued. In the event such development is approved, impacts shall be minimized to the greatest extent practicable, and a mitigation plan shall be prepared.
(2)
All applications for permits to disturb wetlands, watercourses, water bodies and buffer areas in the Indian Brook-Croton Gorge Inter-Municipal Watershed Protection Overlay District shall follow the requirements contained within the Town of New Castle Town Code unless a more stringent or restrictive requirement is listed in this section.
(3)
As a condition of the granting of any wetland permit within the Indian Brook-Croton Gorge Inter-Municipal Watershed Protection Overlay District, the approving authority shall require that the applicant submit a mitigation plan per the requirements listed in Chapter 137, Wetlands, of the Town of New Castle Town Code.
(4)
Within the Indian Brook-Croton Gorge Inter-Municipal Watershed Protection Overlay District, the applicant shall be required to create replacement wetlands or restore, recreate, or enhance existing wetlands or wetland buffer areas equal to twice the area of wetland or wetland buffer directly impacted.
(5)
Within the Indian Brook-Croton Gorge Inter-Municipal Watershed Protection Overlay District, no new disturbance, except for maintenance activities, within 150 feet of any wetlands, watercourses, or water bodies shall be permitted. Buffers shall be regulated as follows:
(a)
Buffers.
[1]
Buffers along wetlands and water bodies (as defined in Chapter 137, Wetlands, of the Town of New Castle Town Code) must extend a minimum of 150 feet horizontally away from and paralleling the delineated wetland boundary.
[2]
Buffers along watercourses (defined in Chapter 137, Wetlands, of the Town of New Castle Town Code) extend a minimum of 150 feet horizontally away from and paralleling the highwater mark or level of bankfull discharge. In undeveloped areas, the buffer shall also be extended to include the 100-year floodplain.
(b)
Buffer vegetation.
[1]
Planting within buffers shall be based on a site-specific planting plan designed to maximize the buffer's capacity to intercept stormwater runoff, stabilize banks, improve water quality, and provide habitat. Planting shall incorporate:
[a]
A diverse mix of perennial native species.
[b]
Trees and shrubs with dense ground cover to protect soil.
[c]
Salt-tolerant plants in areas where road salt is used.
[d]
For steep slopes: native perennial grasses; trees and woody shrubs along the water's edge.
[e]
For bank erosion control: plants with fibrous root systems; deep-rooted woody species.
(c)
Allowable buffer uses.
[1]
Unpaved foot paths, recreational access, revegetation planting and mitigation planting per the requirements listed above, manual removal of invasive species, and removal of trees that pose a safety hazard.
(d)
Restricted buffer uses.
[1]
New impervious surfaces; construction of roads, structures or pipelines.
[2]
Removal of vegetation or trees (except for safety purposes, removal of invasive/non-native species and compliance with any other applicable laws, rules and regulations.
[3]
Excavation and grading.
[4]
Additional lawn.
[5]
Constructed stormwater measures are to be used outside the buffer to direct stormwater sheet flow to the buffer.
[6]
Mining.
[7]
Septic tank drain fields.
[8]
Agriculture and livestock.
[9]
De-icing application of road salt.
[10]
Waste disposal or dumping of trash, yard waste and debris.
[11]
Application of pesticides, herbicides and fertilizers.
[12]
Dams; water diversions; stream channelization.
[13]
All other activities not specifically listed above are subject to federal, state and local permit procedures.
(6)
Special provisions. These special provisions apply to new development in previously developed areas where there is no available area for required buffer:
(a)
The protected buffer shall be as wide as the site allows, subject to the above-listed conditions where possible, and maintaining as much vegetated cover as possible within 150 feet of wetlands, water bodies or watercourse, especially in areas where bank erosion is evident.
(b)
Alternative or additional conservation practices [including low impact development (LID)] to reduce runoff load into a wetland or watercourse shall be applied.
I.
Wellhead buffers and stormwater hotspots. Within the Indian Brook-Croton Gorge Inter-Municipal Watershed Protection Overlay District, no disturbance within 200 feet of any wellhead or stormwater hotspot shall be permitted. Wellhead buffer areas and stormwater hotspots shall be protected as follows:
(1)
Construction activities within 200 feet of a wellhead are prohibited except those used for municipal water system purposes such as pumping, treatment, and control facilities and equipment. Wellhead buffer areas shall not be used for any purpose other than municipal water supply, except when a permit has been issued by the Town Board for nonintrusive recreation uses such as picnicking, nature study, fishing, or hiking. The wellhead buffer shall be posted prohibiting trespass for any purpose except as permitted in this subsection.
(2)
Buffers adjacent to stormwater hotspots (as defined in Subsection B, Definitions, above) shall extend 200 feet horizontally away from hotspot source.
J.
Enforcement.
(1)
Compliance orders. The Town Engineer/Environmental Coordinator/Building Inspector is authorized to order in writing the remedying of any condition or activity found to exist in, on or about any building, structure, or premises in violation of this chapter. Upon finding that any such condition or activity exists, the Town Engineer/Environmental Coordinator/Building Inspector shall issue a compliance order.
(a)
The compliance order shall:
[1]
Be in writing;
[2]
Be dated and signed by the Town Engineer/Environmental Coordinator/Building Inspector;
[3]
Specify the condition or activity that violates this chapter;
[4]
Specify the provision or provisions which is/are violated by the specified condition or activity;
[5]
Specify the period of time which Town Engineer/Environmental Coordinator/Building Inspector deems to be reasonably necessary for achieving compliance;
[6]
Direct that compliance be achieved within the specified period of time; and
[7]
State that an action or proceeding to compel compliance may be instituted if compliance is not achieved within the specified period of time.
(2)
The Town Engineer/Environmental Coordinator/Building Inspector shall cause the compliance order, or a copy thereof, to be served on the owner of the affected property personally or by registered mail. The Town Engineer/Environmental Coordinator/Building Inspector shall be permitted, but not required, to cause the compliance order, or a copy thereof, to be served on any builder, architect, tenant, contractor, subcontractor, construction superintendent, or their agents, or any other person taking part or assisting in work being performed at the affected property personally or by certified mail; provided, however, that failure to serve any person mentioned in this sentence shall not affect the efficacy of the compliance order.
K.
Penalties for offenses.
(1)
Any person who shall violate any provision of this chapter shall be subject to the applicable penalties under this chapter, and any other applicable code or ordinance, without limitation. The chapter penalties are:
(a)
Fines. The person who violates any provision of this chapter shall be liable for a civil penalty of not more than $250 for each day or part thereof during which such violation shall be continued.
(b)
Alternatively, or in addition to any action to recover civil penalties provided by Subsection K(1)(a), the Town Board may institute any appropriate action or proceedings to prevent, restrain, enjoin, correct or abate any violation of or to enforce any provision of this chapter.
L.
Severability. Should any section or provision of this section be declared, adjudged or ordered null, void, voidable, or invalid by a court of competent jurisdiction, such finding of invalidity shall not affect the validity of the remaining portions of this section.
M.
When effective. This section shall take effect upon filing with the New York Secretary of State.