North Salem City Zoning Code
ARTICLE XI
Landscaping and Environmental Requirements; Performance Standards
§ 250-53 Planning Board authorized to adopt rules and regulations.
Pursuant to the provisions of § 274-a of the Town Law and § 250-121 of this chapter, the Planning Board is authorized to adopt rules and regulations pertaining to the incorporation of landscape materials in any project requiring site development plan approval and for the environmental control of such projects.
§ 250-54 Landscape and lighting requirements and erosion and sediment controls.
[Amended 7-23-2013 by L.L. No. 5-2013; 6-25-2024 by L.L. No. 1-2024]
A.
Landscape standards for uses requiring site development plan approval.
(1)
All exterior areas shall be suitably landscaped to be consistent and compatible with the surrounding neighborhood area, and to effectively screen and buffer said use and its accessory components.
(2)
Landscaping shall be required to minimize environmental impacts associated with enlarged parking and other paved surfaces associated with the accessory needs of a facility and use, while improving the visual aesthetic of the surrounding primarily rural residential and farm community. Some examples of requirements include but are not limited to:
(a)
Intermingling of developed surfaces with vegetated and natural environments.
(b)
Implementation of infiltration and natural retention systems.
(c)
Implementation of effective filtration and biological systems to protect water supply.
(d)
Incorporation and addition of tree shading and alternative pavement materials to minimize heat effects of pavement.
(3)
The use of native and noninvasive plant species shall be the focus of landscaping plans.
(4)
Landscaping shall include a mixture of deciduous and evergreen shade and screen trees, ornamental trees, shrubs, perennials, and ground covers other than lawn. Areas of lawn shall be minimized to reduce site maintenance and erosion concerns. Annual plantings are also encouraged to supplement principal site landscaping. Fencing, stonewalls, and other landscape features are to be utilized to assist with the integration of uses with the predominance of detached single-family residential uses within the community.
(5)
The Planning Board may require the preparation of landscape plans to be provided by a New York State licensed landscape architect.
B.
Exterior lighting standards for all uses in all Zoning Districts are as follows unless specifically noted to apply only to uses requiring site development plan approval. Regulation of exterior lighting throughout the Town in both residential and non-residential zoning districts is intended to avoid excessively bright lighting that would cause direct or indirect glare, up-cast lighting or sky-glow, to avoid excessive contrast between lighted and unlighted sites creating hazardous driving or walking conditions, to avoid nuisance light spillover and to avoid glare affecting nearby residential properties or traffic. Regulation of exterior lighting is also intended to conserve energy and resources. Lighting is to be designed to be subtle and ancillary to the overall site design of buildings and exterior facilities, providing the minimal lighting necessary to carry out the functional aspects of site operations while ensuring safety and minimization of impacts to abutting property, human health, sensitive wildlife, and associated habitats, particularly wetlands/watercourses, flora, and fauna resources. Energy efficient LED lights are encouraged when replacing or installing new exterior lights.
(1)
Exterior lighting shall include but shall not be limited to all lights mounted on the exterior of buildings and other similar structures, as well as free-standing and ground lights. Lighting shall be designed and maintained in a manner that is consistent and compatible with area residential land uses and properties.
(2)
Lighting shall be directed and arranged so as to reflect light away from adjoining streets and properties. Lighting shall not be directed towards or project onto neighboring properties. Lighting shall be located so not to interfere or conflict with street traffic movements and any traffic signals, or parking and pedestrian facilities.
(3)
All new lighting shall be dark-sky compliant, utilizing fixed light fixtures which are fully shielded and full cutoff, the design, scale and massing of which shall be the minimal necessary. All new lights shall include recessed and hidden lenses and fixtures. All exterior lights shall be designed so that filaments, light sources, and lenses are shielded and covered by the fixture housing made of an opaque material in such that they will not be visible horizontally or from neighboring properties and abutting streets.
(4)
High pressure sodium lights, as well as lights producing varying intensities, changing colors, flickering, flashing (except identification lighting as required by the Federal Aviation Authority), moving lights and search lights shall be prohibited, except for lighting used during and by emergency service providers. Internally illuminated signs shall be prohibited.
(5)
Holiday light exemption. Temporary low-voltage (mini lights) holiday decoration lighting shall be exempt from these standards provided such is clearly incidental, customary, and commonly associated with a federal, state, local or religious holiday observance, and provided illumination of said holiday lighting is limited to a reasonable time period associated with the duration of the related holiday.
(6)
For uses requiring site development plan approval:
(a)
The Planning Board may require the replacement or modification of existing light fixtures deemed noncompatible to these standards.
(b)
The Planning Board may require site lights to be turned off or reduced in light intensity on all or part of the site at different times of the day, such as after a facility is closed or during periods of reduced site usage.
(c)
The intensity of site lighting shall also not result in unnecessary light spillage over wetland or watercourse resources.
(d)
The design or style of light fixtures and their support structures shall be consistent and complementary to the site architecture for uses requiring site development plan approval as otherwise required at the discretion of the Planning Board.
(e)
Such requirements above shall be established by the Planning Board as part of the site development plan review process.
(7)
Maximum height of light fixtures and mounting.
(a)
The height of a freestanding light shall be measured from the base ground elevation (including any base) to the highest point of the light fixture and/or post.
(b)
A freestanding light height shall be kept as low as practical. The maximum height of a freestanding light shall be the following based on the zoning district in which said light is installed:
Zoning District | Maximum Light Height (*) |
|---|---|
R-1, R-2, R-4, R-1/2, R-1/4 R-MF4, R-MF6, PD-CCRC NB, PO | 15 feet |
GB, RO | 20 feet |
(*) | Measured from the ground elevation to the highest point of the light fixture and/or supporting pole. |
(c)
The maximum height of a wall-mounted light shall be below the roof eave immediately above said light fixture at place of installation but not exceed a maximum of 15 feet above the area intended to be lighted. For any use requiring site development plan approval, the Planning Board may modify the maximum mounting height based on specific circumstances where a higher placement would be more appropriate to the setting and facility, and/or where overall lighting is otherwise reduced. Recessed and hidden lighting under eaves, porch roofs and other architectural structures shall be preferred to other wall mounting lights.
(8)
Maximum light intensity.
(a)
No exterior lighting shall be used in a manner which produces a concentration of light intensity or a direct glare on neighboring properties or abutting streets. Exterior lighting shall be designed to avoid unnecessary light spillage beyond the area specifically intended to be illuminated.
(b)
The maximum light intensity at the property line shall be the following based on the Zoning District said lights are installed:
Zoning District | Maximum Light Intensity at Property Line Measured at Ground Level | Maximum Light Source Color (in degrees Kelvin) |
|---|---|---|
R-1, R-2, R-4, R-1/2, R-1/4, NB, PO | 0.50 footcandles (*) (**) | <3,000 Kelvin |
GB, RO, PD-CCRC, R-MF4, R-MF6 | 0.25 footcandles (*) | <3,000 Kelvin |
(*) | See definition in § 250-5 — One footcandle is equal to one lumen. Footcandle measurements are made with a photometric light meter and with a specified horizontal orientation. |
(**) | For R-1, R-2, R-4, R-1/2, R-1/4 Residential Zoning Districts — Residential light fixtures shall be of low wattage intensity. Residential light fixtures placed at the head of a driveway near the fronting access street shall not exceed an equivalent incandescent light of 25 watts. |
(c)
For uses requiring site development plan approval, parking lot, walkway and other site lighting intensity shall not exceed a maintained average illumination level of 3/4 (0.75) to five footcandles at the ground.
(d)
Overnight security lighting shall be installed with motion detector sensors and time sensors to minimize impacts on neighboring properties and abutting streets.
(9)
Replacement conformance required.
(a)
Existing lights consisting of flood lights, spotlights, and other lights directed towards or projecting onto neighboring lots which do not conform to these standards as of the effective date of these standards shall be replaced or modified to conforming lights, by no later than three months after the effective date of Local Law No. 1 of 2024, as adopted on June 25, 2024.
(b)
Other types of existing lights which do not conform to these standards as of the effective date of these standards are encouraged to be replaced, updated, or modified to conforming light fixtures, and lights are encouraged to be turned off between 12:00 a.m. (midnight) through 5:00 a.m. or controlled by a motion sensor, for uses and lots not requiring site development plan approval.
 |
(c)
For those uses and lots requiring site development plan approval, the Planning Board may require such other types of nonconforming lights to be replaced, updated, or modified upon an application to redevelop or modify such uses or lots.
C.
Erosion and sediment controls. Erosion and sediment controls shall be provided consistent with the requirements and standards set forth in Chapter 193, the Stormwater Law of the Code of the Town of North Salem.
D.
Maintenance and upkeep. The maintenance and upkeep of site lighting and landscaping shall be a requirement of continued use and zoning compliance.
§ 250-55 Environmental quality review.
The provisions of the State Environmental Quality Review Act (SEQRA) shall be complied with as appropriate. Fees for SEQRA processing are in addition to other fees required by this chapter as set forth in the Standard Schedule of Fees of the Town of North Salem.[1]
[1]
Editor's Note: The Standard Schedule of Fees is on file in the office of the Town Clerk.
§ 250-56 Freshwater wetlands protection.
Any lot or site containing freshwater wetlands shall comply with the requirements of the Freshwater Wetlands Protection Law of the Town of North Salem.
§ 250-57 Blasting.
No building or structure shall be erected, constructed, enlarged, altered or moved or cleared or excavation made therefor nor shall any site work be conducted except in compliance with the Blasting Law of the Town of North Salem.
§ 250-58 Performance standards.
A.
Conformance required. No use shall hereafter be established, altered, moved or expanded unless it complies with the performance standards set forth in this section. Continued conformance with such standards shall be a requirement for the continuance of any certificate of occupancy.
B.
Standards.
(1)
Noise.
(a)
Method of measurement. For the purpose of measuring the intensity and frequencies of sound, sound-level meters and octave-band filters shall be employed. Octave-band analyzers calibrated with pre-1960 octave bands (American Standards Association Z24.10-1953, Octave Band Filter Set) shall be used. Sounds of short duration, which cannot be measured accurately with the sound-level meter, shall be measured with an impact noise filter in order to determine the peak value of the impact.
(b)
Maximum permitted sound pressure level. The decibels resulting from any activity, whether open or enclosed, shall not exceed at any point on or beyond any lot line the maximum decibel level for the designated octave band as set forth in the following table, except that where the lot lies within 200 feet of a residence district, whether within or without the Town, the maximum permitted decibel level at any point on or beyond the district boundary shall be reduced by six decibels from the maximum permitted level set forth in the table, and further, except that such reduction shall also apply to any sound emitted between the hours of 9:00 p.m. and 7:00 a.m. and all day Sunday.
Octave Band (cycles per second) | Sound Pressure Level (decibels) |
|---|---|
0 - 74 | 66 |
75 - 149 | 58 |
150 - 299 | 55 |
300 - 599 | 50 |
600 - 1,199 | 45 |
1,200 - 2,399 | 42 |
2,400 - 4,799 | 38 |
4,800 - 20,000 | 35 |
(c)
Exemptions. The following uses and activities shall be exempt from the noise level regulations:
[Amended 6-23-2015 by L.L. No. 2-2015]
[1]
Noises not directly under the control of the property user.
[2]
Noises emanating from construction activities between the hours of 7:00 a.m. and 6:00 p.m., or by sunset, whichever comes first, on weekdays; and between the hours of 8:00 a.m. and 5:00 p.m. on Saturdays. There shall be no exemption on Sundays or national holidays.
[3]
Noises emanating from routine maintenance activities between the hours of 8:00 a.m. and 6:00 p.m., or by sunset, whichever comes first, Monday through Friday, and 8:00 a.m. and 5:00 p.m. on Saturdays, and 10:00 a.m. and 5:00 p.m. on Sundays.
[4]
The noises of safety signals, warning devices, emergency pressure relief valves or other emergency warning signals.
[5]
Transient noises of moving sources, such as automobiles, trucks, airplanes and railroads.
(2)
Vibration.
(a)
Method of measurement. For the purpose of measuring vibration, a measuring system approved by the Planning Board shall be employed.
(b)
Maximum permitted steady state and impact vibration displacement. No activity shall cause or create a steady state or impact vibration on any lot line with a vibration displacement by frequency bands in excess of that indicated in the following table:
Frequency (cycles per second) | Vibration Displacement (inches) | |
|---|---|---|
Steady State | Impact | |
Under 10 | .0005 | .0010 |
10 - 19 | .0004 | .0008 |
20 - 29 | .0003 | .0006 |
30 - 39 | .0002 | .0004 |
40 and over | .0001 | .0002 |
(3)
Smoke, dust and other atmospheric pollutants.
(a)
General control. The emission of smoke and other particulate matter shall not be permitted regardless of quantity, if it will be in any way detrimental to the public health, safety, welfare or comfort or a source of damage to the property.
(b)
Method of measurement of smoke. For the purpose of grading the density of smoke, the Ringelmann Smoke Chart shall be used to determine the total smoke units emitted. A reading shall be taken every minute for an hour or, if less than an hour, until the total smoke units emitted exceed the number allowed by these regulations. Each reading shall be multiplied by the number of minutes during which it was observed and the product added.
(c)
Maximum permitted emission of smoke. There shall be no measurable emission of smoke, gas or other atmospheric pollutant. The emision of one smoke unit per hour and smoke with discernible density of Number 1 on the Ringelmann Smoke Chart shall be prohibited.
(d)
Maximum permitted emission of dust. The emission of dust related to combustion for indirect heating from any source shall not exceed 0.30 pounds of dust per thousand pounds of flue gas adjusted to 50% excess air for combustion. There shall be no measureable emission of dust or other particulate matter not related to combustion for indirect heating. All properties shall be suitably improved and maintained with appropriate landscaping and paving or other type of improvement, so that there will be no measurable windblown dust or other similar types of air pollution created.
(4)
Odorous matter. No land use shall be permitted which emits any discernible odor outside the building in which the use is conducted.
(5)
Toxic or noxious matter. No use shall be permitted which will cause any dissemination whatsoever of toxic or noxious matter outside the building in which the use is conducted.
(6)
Radiation and electromagnetic interference.
(a)
Radiation. The handling, storage or disposal of radioactive materials or waste byproducts shall be prohibited, except when used at a health-related facility in the treatment of patients.
(b)
Electromagnetic interference. No operation shall be permitted which produces any perceptible electromagnetic interference with normal radio or television reception in any area within or without the Town.
(7)
Fire, explosive hazard and heat.
(a)
Fire and explosive hazard. No storage or manufacture of explosives or solid materials or solid products which burn actively or which has a low ignition temperature or a high rate of burning or create great heat, under ordinary temperature conditions, shall be permitted, except as otherwise permitted by law or by permit under license by the Town as provided for in Local Law No. 7-1985, Blasting Law of North Salem.
(b)
Heat. There shall be no emission of heat which would cause a temperature increase in excess of 1° F. along any adjoining lot line, whether such change be in the air, in the ground or in any watercourse or water body.
(8)
Liquid or solid wastes. The discharge of any or all wastes shall be permitted only if in complete accordance with all standards, laws and regulations of the Westchester County Department of Health, New York State Department of Environmental Conservation or any other regulatory agency having jurisdiction. Facilities for the storage of solid waste shall be so located and designed as to be screened from the street or from any adjoining property and so as to discourage the breeding of rodents or insects.
(9)
Vehicular traffic. No business or industrial use shall be permitted where it is determined by the Planning Board that the type and number of vehicle trips it is estimated to generate would be expected to produce unusual traffic hazards or congestion or cause or induce emissions which may be expected to interfere with the maintenance of air quality standards established by the United States Environmental Protection Agency, the New York State Department of Environmental Conservation or other' regulatory agency having jurisdiction, due to the design or capacity of the state or highway system, the relationship of such proposed use to surrounding or nearby industrial, commercial or residential uses or other factors affecting air pollution arising from mobile-source activity.