North Salem City Zoning Code
ARTICLE V
Bulk and Supplemental Development Requirements
§ 250-14 General bulk requirements.
The general requirements relating to the arrangement of buildings, structures and uses occupying a lot for the zoning districts established by Article III are hereby established.
§ 250-15 Bulk Table.
The accompanying table, entitled "Table of Bulk Requirements," shall be a part of this chapter, is referred to herein as the "Bulk Table"[1] and sets forth the minimum bulk requirements of this chapter:
A.
The Bulk Table is divided into columns, each column headed by a number for reference. The Bulk Table is divided by single horizontal lines into groups, each group being identified by a letter corresponding to the letter symbol appearing in the Use Table adjacent to each use or combination of uses. Each of the uses within each group is regulated by the bulk requirements for the indicated use group.
B.
Other articles herein contain supplemental requirements applying to bulk, setback and coverage of specified uses.
[1]
Editor's Note: The Table of Bulk Requirements is included at the end of this chapter.
§ 250-16 Special bulk requirements.
A.
As part of any minimum lot area requirement of this chapter for residential uses, not more than 50% of any land (1) under water, (2) within a freshwater wetland, (3) subject to or within the one-hundred-year-frequency floodplain, (4) within easement or rights-of-way for overhead utilities, (5) with slopes (unexcavated) of over 25% or (6) within the designated street line of any road shall be counted, except that in a R-1/2 or R-1/4 District, Subsection A(1), (2), (3), (4) and (6) shall apply, and not more than 25% with slopes (unexcavated) of over 25% shall be counted. The application of this section to any particular lot shall be the responsibility of the Town Planning Board at the time of subdivision or site development plan approval.
B.
Street frontage for lots fronting on culs-de-sac or on a street with a radius of curvature at the center line of 100 feet or less or in other appropriate circumstances may be reduced by the Planning Board at the time of subdivision plat approval to no less than 1/2 of the required dimensions, and, furthermore, in such cases the lot width may be proportionately reduced. No portion of the lot along the access route from its frontage into the lot shall be narrower than the approved frontage.
[Amended 3-28-1989]
§ 250-17 Average density.
A.
The Town Board hereby authorizes the Planning Board, simultaneously with the approval of a subdivision plat in accordance with § 281 of the Town Law, to modify the applicable bulk and area provisions of this chapter. This procedure may be followed by the Planning Board upon written request by the owner or subdivider or at the initiation of the Planning Board. A conventional subdivision plan shall be provided to illustrate the permitted number of dwellings that could be approved on the site in accordance with § 250-18 of this chapter. The conventional subdivision plan shall provide preliminary plan information deemed necessary by the Planning Board to determine the permitted density on the conventional plan conforming to all applicable regulations which shall not be exceeded in the average density plan. The procedure may be used to modify the minimum lot area requirements; lot width; front, side and rear yard setbacks; and street frontage. This procedure shall not be used to modify the requirements for building height.
[Amended 12-12-2000 by L.L. No. 4-2000]
B.
In the event that the application of this procedure results in a plat showing lands available for park, recreation, open space or other municipal purposes, then the Planning Board, as a condition of final plat approval, may establish such conditions as to the ownership, use and maintenance of such lands as it deems necessary to assure the preservation of such lands for their intended purposes. All such conditions shall be approved by the Town Board prior to preliminary plat approval by the Planning Board.
C.
Open space land created as part of the application of average density (cluster development) to a subdivision plat, and which is not required or permitted to be accepted for dedication to the Town of North Salem, shall be in a form of common ownership, which form and content shall be subject to the approval of the Town Board and which shall meet at least one of the following conditions:
(1)
That each owner or owners of every subdivision lot shall be an owner in common with the other owners of the subdivision of the land intended to be held as open space.
(2)
That each subdivided lot shall carry with it a covenant underwriting the payment of taxes on the open space land, which covenant shall bind the owner thereof and every successive owner thereof.
(3)
A homeowners' or cooperative association or corporation may be formed to hold ownership of the open space, provided that each and every subdivided lot owner shall remain liable for the taxes, operation and maintenance of the open space land.
(4)
Such other mechanism or form as shall be approved by the Town Board which shall satisfy the requirements of the payment of taxes and the operation and maintenance of the property so created.
§ 250-18 Permitted number of dwellings, lot size and related requirements in residential districts and certain business districts.
[Amended 2-25-1997 by L.L. No. 1-1997; 12-12-2000 by L.L. No. 4-2000; 6-26-2007 by L.L. No. 5-2007; 9-23-2008 by L.L. No. 5-2008; 9-11-2012 by L.L. No. 6-2012; 6-23-2015 by L.L. No. 2-2015]
The determination of the permitted number of dwellings, lot size and related bulk requirements for the R-4, R-2, R-1, R-1/2, R-1/4, R-MF/6, R-MF/4, PD-CCRC, GB and PO Districts shall be as follows:
A.
General purpose. The permitted number of dwellings for any proposed development site is equal to the total site area (in acres) multiplied by the density factors assigned for each district.
B.
Density factors.
(1)
Density factors for R-4, R-2, R-1, R-1/2, R-1/4, R-MF/6, R-MF/4, PD-CCRC, GB and PO Districts. The maximum density factors below shall be used in the calculation of maximum density expressed in the resulting number of dwellings. The total site area, in acres (as determined by actual on-site survey), shall be multiplied by the maximum density factor for the district to calculate the number of dwellings (rounded to the lowest whole number).
Maximum Density Factor | ||
|---|---|---|
District | Without Bonus | With Bonus1 |
R-4 | 0.25 | 0.31 |
R-2 | 0.50 | 0.63 |
R-1 | 1.0 | 1.25 |
R-1/2 and PO | 2.0 | 2.5 |
R-1/4 | 4.0 | 5.0 |
R-MF/6 | See Note 2 | See Note 3 |
R-MF/4 | See Note 2 | See Note 3 |
PD-CCRC | See Note 2 | See Note 3 |
GB | 4.0 | 5.0 |
NOTES: | |
|---|---|
1 | Density bonus of approximately 25%. |
2 | Refer to the Table of General Use Requirements and the Table of Uses and Density for density specified for each use, multiply total site area, in acres, by the number of dwelling units per acre permitted. |
3 | The bonus in this section (§ 250-18) does not apply to the R-MF/6, R-MF/4 and PD-CCRC Zoning Districts. Refer to the Table of General Use Requirements and the Table of Uses and Density. |
(2)
All subdivisions of 10 or more lots shall be required to provide for the construction of affordable housing dwellings, in accordance with the affordable housing regulations contained in Article XXII of this chapter or an amendment thereto, on 10% of the total number of approved lots. For example, one lot out of 10 approved lots shall be for construction of an affordable housing dwelling. In the calculation of the required number of lots for affordable housing dwellings, when 10% of the total lots results in a fraction of a whole number, fractions of 0.6 or greater shall result in the creation of an additional affordable housing dwelling lot. Alternatively, two affordable housing rental accessory apartments may be constructed on two of the 10 approved lots in lieu of one affordable housing single-family dwelling.
(3)
The density factor with bonuses may be applied to development, in the R-4, R-2, R-1, R-1/2, R-1/4, GB and PO Zoning Districts, at the discretion of the Planning Board when, in its judgment, the proposed development promotes one or more of the following features:
(a)
The preservation of prime agricultural land.
(b)
The preservation of the site's natural resource land areas, including, but not limited to, lakes, ponds and watercourses, wetlands, mature woodlands and exemplary habitats, habitats of state concern and state-listed protected species.
(c)
The preservation of a historic area or landmark site.
(d)
The provision of affordable housing in an otherwise market rate multifamily dwelling development in a GB District.
(e)
The provision of a proportion of affordable housing dwellings above the proportion required herein for 10 or more subdivision lots, or, in subdivisions of less than 10 lots, a reasonable proportion or number of affordable housing dwellings.
(f)
Other unique and innovative design aspects.
C.
Average density (cluster development). Where the Planning Board determines that cluster development is feasible and appropriate, in accordance with § 250-17A herein, the minimum lot sizes may be reduced for single-family detached dwellings to no less than 1/2 acre for the R-4 District and 1/4 acre for the R-2 Districts, and for single-family attached dwellings to no less than 10,000 square feet for the R-4 and R-2 Districts. The bulk requirements for these situations shall be those applicable to Use Groups f, h and i, respectively. The same requirements shall apply to the R-1 District as for the R-2 District. Average density shall not be permitted in the GB, PO, R-1/2 and R-1/4 Districts.
§ 250-19 Supplemental requirements for permitted accessory solar energy systems. [1]
[Added 4-25-2017 by L.L. No. 1-2017]
A.
Applicability.
(1)
The following accessory solar energy systems shall be permitted according to the supplemental requirements set forth in Subsections B through F below pursuant to a building permit only:
(b)
Ground-mounted installations covering a cumulative ground area of 1,000 square feet or less as measured pursuant to the coverage standards set forth below in Subsection D(3) herein associated with the following:
(c)
Building-integrated installations.
Notwithstanding, the Building Inspector may refer any of the above applications to the Planning Board for its review and action.
(2)
The following accessory solar energy systems shall be permitted according to the supplemental requirements set forth in Subsections B through F below pursuant to site development plan approval of the Planning Board and subsequent building permit:
(a)
Roof-mounted installations on any lot in any zoning district associated with a nonresidential principal use, a multifamily use and/or any other use not otherwise listed in Subsection A(1) above.
(b)
Ground-mounted installations associated with single-family detached dwellings and/or associated accessory buildings on individual lots zoned single-family residential covering a cumulative ground area of more than 1,000 square feet as measured pursuant to the coverage standards set forth below in Subsection D(3) herein on any lot within any zoning district.
(3)
Upgrades, modifications or other structural changes that alter the appearance, size, placement or mounting of an approved or preexisting solar energy system or its component parts thereof, as defined in this chapter, shall comply with the provisions of this subsection.
(4)
All solar panels, solar collectors and associated devices are considered structures and subject to the requirements for such in this chapter.
B.
Placement.
(1)
Minimum required yard requirements. All accessory solar energy systems and their component parts (including but not limited to all solar panels, support structures, solar energy equipment, storage batteries, etc.) shall adhere to the minimum required yard dimensions applicable to the associated principal use.
(2)
A ground-mounted installation shall not be located forward of a principal building unless a minimum setback of 200 feet from the front property line is provided and such is adequately screened from the street.
(3)
Building-integrated installations. The appearance, construction and coloring of building-integrated installations shall be compatible and consistent with the overall appearance, construction and coloring of the building or structure.
(4)
Roof-mounted installations.
(a)
Pitched (2:12 or steeper) roof-mounted installations shall be mounted at the same angle (uniformly flush) as the roof surface. The maximum distance measured perpendicular between the roof surface and the bottom surface of the solar panels shall not exceed five inches.
(b)
Flat (less than 2:12) roof-mounted installations may be flush mounted as above in Subsection B(4)(a); or with a solar tilt if needed to improve solar optimization. For tilted panels, the maximum distance measured perpendicular between the roof surface and the top surface of the solar panels shall not exceed 24 inches.
(c)
All rooftop-mounted installations shall include fixed solar panels only.
(5)
Ground-mounted installations.
(a)
Location restrictions. The following resource areas and locations shall be avoided and not altered or adversely impacted by the installation, operation or maintenance of solar energy systems:
[1]
Prime or state important agriculture soils.
[2]
Steep slopes 15% and greater covering a contiguous area of 500 square feet or more.
[3]
Wetlands and one-hundred-foot buffer areas as defined in Chapter 107, Freshwater Wetlands of the Code of the Town of North Salem.
[4]
Designated federal, state or local historic districts.
(b)
In addition to the above, areas and locations with a high potential for biological or scenic conflict, such as important wildlife habitat or corridors; prominent scenic viewsheds; designated scenic roadways; erodible slopes and soils; and sensitive historical, cultural or archeological resources shall be avoided to the maximum extent practicable.
(c)
Ground-mounted installations shall be screened through the use of architectural features, earth berms, landscaping, or other screening measures which will harmonize with the character of the property and surrounding area, and which otherwise minimize their view from the street and adjacent properties.
(d)
A solar energy system and its associated solar energy equipment shall be constructed and located in a manner so as to minimize the necessity to remove existing trees upon the lot, and in no event shall wooded acreage comprising more than 2% of the deeded acreage of the lot or portion of the lot devoted to the solar energy system use be removed without demonstrating that such removal is necessary for the reasonable construction and efficient performance of the use.
(e)
Ground-mounted installations may include fixed and/or adjustable solar panels.
C.
Height.
(1)
Roof-mounted installations.
(a)
Roof-mounted installations shall not exceed the maximum height restrictions of the underlying zoning district within which they are located applicable to the associated principal use.
(b)
The highest point of a pitched roof-mounted installation shall not exceed the highest point of the roof to which it is attached.
(c)
The highest point of a flat roof-mounted installation shall not extend more than 24 inches above the roof surface to which it is attached and shall be screened by a building parapet or other architectural screen of a design consistent and compatible with the building architectural design, or by setting the solar panels back from the roof edge in such a manner that the solar panels are not visible.
(2)
Ground-mounted installations. Ground-mounted installations shall be at the lowest feasible height but in no case shall exceed a height of 10 feet at any point from the ground elevation to the highest point of the system (the ground surface shall not be artificially raised to produce an otherwise higher measuring point).
D.
Coverage.
(1)
Roof-mounted installations. The surface area covered by roof-mounted installations shall not extend beyond the exterior perimeter of the building or structure roof on which the system is mounted. Adequate emergency responder and maintenance access on the roof shall be maintained.
(2)
Ground-mounted installations. The surface area covered by ground-mounted installations shall be included in the maximum building coverage applicable to the associated principal use.
(3)
Ground coverage shall be the area measured by the drawing of the smallest rectangular polygon around the outer perimeter of any single or grouped solar panel(s). Separate polygon areas may be counted where separated by 10 feet or more. Ground coverage shall be the cumulative area of all such polygons.
E.
Historic district or building/structure.
(1)
For most historic resources, buildings and properties, locating solar panels and related equipment visible from an abutting street is the least desirable alternative because such will have the greatest adverse effect on the historic character-defining features of said resources, buildings and properties. Therefore, other alternative installation locations and configurations shall be thoroughly explored and required to be documented to show no other location or configuration is reasonably feasible.
(2)
Installations for property located within a designated federal or state historic district, or on a property containing a designated federal or state historic building or structure, may require approval from the New York State Office of Parks, Recreation and Historic Preservation (OPRHP) prior to issuance of a building permit or site development plan approval, as the case may be.
(3)
Installations for property located within a designated local historic district, or on a property containing a designated local historic building or structure, shall require a certificate of appropriateness from the Town's Historic Preservation Commission prior to issuance of a building permit or site development plan approval, as the case may be.
F.
Installation standards.
(1)
Construction. All accessory solar energy systems shall be designed to ensure the structural integrity of the building or structure supporting such solar energy system, including but not limited to the existing building or structure construction, fire protection and emergency access, wind and snow loading, and the weight of the solar panels and other associated solar energy equipment.
(2)
Color and prevention of reflective solar glare. Solar panel arrays shall be of a uniform color, including any visible solar energy equipment. Nonreflective black solar panels are preferred.
(3)
Solar panel placement shall be prioritized to avoid solar glare onto nearby properties or roadways, without unduly impacting the functionality or efficiency of the solar energy system.
(4)
Connecting hardware aesthetics. Exterior lines shall be installed in conduits with a finish color to match the building or structure attached thereto. All exterior lines shall be installed in a location and manner which is inconspicuous from view.
(5)
Appurtenant structures. Appurtenant structures, including but not limited to, equipment shelters, storage facilities and transformers shall be architecturally compatible with each other and with other structures of the property, and appropriately screened. Such structures shall be clustered or joined where possible to reduce visual impacts.
(6)
Solar storage batteries. Solar storage batteries shall be placed in a secure and appropriately vented container or enclosure when in use and when no longer used shall be promptly disposed of in accordance with the laws and regulations of North Salem and any other applicable laws and regulations relating to hazardous waste disposal.
(7)
Electrical components.
(a)
Exterior conduit, piping or other electrical lines shall not extend beyond the perimeter of the building and shall not be located on a building facade facing a street or parking area.
(b)
All power transmission lines from a building or ground-mounted installation to any building, other structure, or existing electrical service shall be located underground. An electric schematic shall be provided.
(c)
All undersides of ground-mounted installations shall be adequately finished to contain, cover and otherwise safely control access to conductors and other electrical components.
(d)
No interconnected solar energy system shall be installed until evidence has been provided that the electric utility company has been informed of the intent to install and operate an interconnected customer-owned generator with net-metering, as well as confirmation from said utility that it will accept said system into the power grid. Any such system shall be sized to primarily serve the premises only (annual average not to exceed 110% of the electric needs of the premises).
(e)
All solar energy system components shall be UL Standards approved.
(8)
Stormwater management. Stormwater management and related mitigation measures shall be in accordance with Chapter 193 of the Code of the Town of North Salem, as may be amended from time to time. Notwithstanding, adequate provisions shall be implemented to control stormwater runoff. For all ground-mounted installations, the area under and surrounding said installations shall be adequately stabilized and maintained. The use of herbicides and/or pesticides shall be in accordance with the Town's turf management policy to the satisfaction of the Planning Board.
(9)
Maintenance. Solar energy systems shall be maintained in good condition and working order, including photovoltaic maintenance and property upkeep, such as mowing and trimming for ground-mounted installations, as well as measures for maintaining safe access to the installation, stormwater controls, landscaping, and adequate security.
(10)
Removal. Installations which reach the end of their useful life or which have been abandoned by virtue of failure to operate for a period of one year shall physically be removed and appropriately disposed of within six months after the date of discontinued operation or abandonment. Said removal shall include all solar energy system components and equipment, as well as restoration of the affected site area.
[1]
Editor's Note: Former § 250-19, Planned Development Districts, was repealed 6-23-2015 by L.L. No. 2-2015.
§ 250-19.1 Supplemental requirements for residential development in R-MF/4 and R-MF/6 Districts.
[Amended 9-11-2012 by L.L. No. 6-2012; 6-23-2015 by L.L. No. 2-2015]
Development in the R-MF/6 and R-MF/4 Zoning Districts is subject to site development plan review in accordance with Article X of this chapter and the supplementary requirements below.
A.
The permitted uses, the maximum permitted density and the required proportion of affordable housing dwelling units shall be in accordance with the Table of General Use Requirements and the Table of Uses and Density for the R-MF/6 and R-MF/4 Zoning Districts contained herein.[1] The total site area (in acres) shall be used to calculate the maximum number of dwelling units permitted in the R-MF/6 and R-MF/4 Zoning Districts. The lot area and dimensions of sites and lots on which the development of single or multifamily use will occur shall be in accordance with the Table of Bulk Requirements contained herein for the corresponding use group indicated in the Table of General Use Requirements. These bulk requirements shall pertain to the overall development within the entire site and the lot dimensions such as width, front, side and rear yards and street frontage shall define the external boundaries of the development.
[1]
Editor's Note: The Table of Use Requirements and the Table of Uses and Density are included as attachments to this chapter.
B.
The minimum required yards or separation distances between structures that are detached single-family dwellings, including single-family units with one-bedroom dwellings and structures with no more than two attached single-family dwellings, shall be as follows:
(1)
Structures on individual lots shall have yard setbacks of 10 feet from the corresponding lot line for the front, side and rear yards.
(2)
Structures that are developed on commonly or cooperatively held land (not on individual lots) shall be separated by minimum distances of 20 feet on the side and 30 feet in the rear of adjacent structures. The front of each such structure shall be separated from the edge of the traveled way of the street by a minimum distance of 15 feet.
C.
The minimum distance between multifamily structures (three or more dwelling units in a structure) shall be 1 1/2 times the taller building. The front of each multifamily structure shall be separated from the edge of the traveled way of the street by a minimum distance of 20 feet.
D.
All dwelling units created to address specific housing needs of the community, such as affordable housing dwellings, moderate-income housing, senior citizen or disabled person housing, as a required proportion of total units for the use category, shall be administered by the Town of North Salem Housing Board in accordance with all pertinent regulations. A minimum of 20% of the total number of proposed dwelling units shall be provided as affordable housing dwellings in accordance with the affordable housing regulations of the Town of North Salem found in Article XXII of this chapter.
E.
For single-family dwelling units with attached one-bedroom dwellings, the following requirements must be met:
(1)
The owner of the property shall occupy at least one of the dwelling units, and the one-bedroom dwelling shall be attached to the single-family dwelling.
(2)
A one-bedroom dwelling shall contain a minimum floor area of 300 square feet. The maximum floor area shall not exceed 750 square feet or 25% of the habitable space of the main dwelling, whichever is less.
(3)
The entry to a one-bedroom dwelling and its design shall be such that, to the degree feasible, the structure containing the single-family dwelling and the apartment will have the appearance of a single-family residence.
F.
Water and sewage.
(1)
Development of dwelling units at the densities permitted in the R-MF/6 and R-MF/4 Zoning Districts are contingent upon the provision of common or central facilities for the transmission, storage and/or treatment of water and sewage. Such facilities shall be designed, approved and constructed in accordance with the requirements of the Town Engineer, the Westchester County Department of Health and the New York City Department of Environmental Protection and any other agency or office having jurisdiction over development and operation of water supply and sewage treatment facilities.
(2)
The setback for the aboveground structures associated with water and sewer facilities shall be a minimum of 100 feet from all external boundaries of the development site. The Planning Board may increase or decrease such setback requirements on individual properties by up to 50% based upon consideration of topographic conditions, the nature of adjoining land, existing vegetation and other screening. Suitable buffer screening shall be provided.
G.
Certain related ancillary facilities may be permitted with development in the R-MF/6 and R-MF/4 Zoning Districts, either in a separate building or in combination with dwelling units, such as a community room, an administrative office, only to the extent that they meet the needs of the occupants of the multiple dwellings. Such facilities shall be subordinate to the residential character of the site and shall be located out of public view with no outside advertising.
H.
Recreational facilities or open space.
(1)
Within the common open space areas, suitably equipped and adequately maintained recreational facilities, such as swimming pools, tennis and basketball courts, playground equipment, etc., may be provided for use by residents of the premises and their guests.
(2)
In the alternative, the applicant may offer, and the Planning Board may approve, the provision of a suitable park or parks on a parcel of land located on the development site or on an alternative site for use by the Town's residents.
(3)
In the event that the Planning Board determines that suitable recreational facilities cannot be located within the common open space areas or that a suitable park or parks of adequate size cannot be located on the development site or are otherwise not suitable, the Board may require that the applicant make a payment to the Town of North Salem in lieu of all or part of the park requirements, all in accordance with § 200-32 of Chapter 200 of the Town's Code and irrespective of whether the applicant is proposing a development involving a subdivision or a site development plan approval.
I.
There shall be provided a safe and convenient system of streets, driveways, service access roads and walks, with due consideration given in planning such facilities to the needs of the physically handicapped and aged; such facilities shall be adequately lighted, and said lighting shall not be directed on adjacent streets or properties.
J.
Facilities for refuse disposal shall be provided for all dwelling units. Central collection areas shall be maintained and conveniently located for all groups of units. The collection areas shall be properly screened and supplied with all covered receptacles required for tenant use.
K.
All parking areas, recreation areas and refuse collection areas shall be no closer than 25 feet to any building or lot line, and any swimming pool shall be no closer than 30 feet to any building and 50 feet to any lot line. Such areas between said facilities and lot lines shall be landscaped with suitable screening. Parking areas shall be developed in accordance with Article VIII of this chapter, except that the setback for such parking shall adhere to the twenty-five-foot requirement stated above.
L.
All land and facilities held in common ownership shall be governed by an approved homeowners' association or other acceptable form of organization, such as a condominium, cooperative or maintenance agreement acceptable to the Town Attorney.
N.
Development shall conform to the landscaping and environmental requirements and performance standards in Article XI of this chapter.
O.
Underground utilities. All utilities within any multifamily development, including electric, telephone and cable television service, shall be placed underground.
P.
Fire protection. All site plans for multifamily development shall provide proper access for fire-fighting equipment and personnel and shall provide facilities and water supply for fire-fighting purposes as may be determined adequate and approved by the Planning Board, based upon the recommendation of the Town's Consulting Engineer and the Fire Department having jurisdiction.
Q.
Individual unit access. In general, each individual dwelling unit within any multifamily development shall have its own separate entrance/exit leading directly to the outside.
R.
Central antenna systems. If cable television service is not available to serve a proposed multifamily development, a central exterior radio/television antenna system or earth station may be provided in accordance with plans approved by the Planning Board. Exterior antennas for individual multifamily buildings or dwelling units shall not be otherwise permitted.
§ 250-19.2 Supplemental requirements for Planned Development - Continuing Care Retirement Community District.
[Added 12-12-2000 by L.L. No. 4-2000]
A.
Uses for development; development subject to bulk requirements.
[Amended 2-12-2013 by L.L. No. 1-2013]
(1)
Development in a Planned Development-Continuing Care Retirement Community District shall consist of a combination of an assisted/assistive-living facility and one or more of the following uses as set forth in Column B in § 250-11, Use Table:[1]
(a)
Multifamily dwellings for senior citizens (persons of age 55 or older) and/or disabled persons; and/or
(b)
High-density single-family dwellings for senior citizens (persons of age 55 or older) and/or disabled persons.
[1]
Editor's Note: The Table of General Use Requirements is included at the end of this chapter.
(2)
In addition, one or more of the conditional uses set forth in Column C and/or accessory uses set forth in Column E in § 250-11, Use Table, respectively, may also be developed in combination with the above uses permitted by right.
(3)
Alternatively to the combination of uses as required above, one or more special permit use as set forth in Column D in § 250-11, Use Table, may instead be developed.
(4)
The development of all uses above is subject to the bulk requirements for such uses as prescribed in § 250-15, Bulk Table.[2]
[2]
Editor's Note: The Table of General Use Requirements is included at the end of this chapter.
B.
Assisted-living facilities.
(1)
An assisted-living (or assistive-living) facility consists of a managed residential community with private residential rooms for senior citizens and/or disabled persons. An assisted-living facility will provide or arrange to make available assistance with activities of daily life such as meals, health care and laundry services, housekeeping, social and recreational activities, transportation and personal services in a group setting, to persons of age 55 or older and/or disabled persons who require assistance with such activities.
[Amended 2-12-2013 by L.L. No. 1-2013]
(2)
An assisted- or assistive-living facility may provide services, including but not limited to the following:
(a)
Three meals a day in a common dining room.
(b)
Assistance with activities of personal daily living, including eating, bathing, dressing and grooming.
(c)
Twenty-four-hour security.
(d)
Emergency call system in each unit (bed or room).
(e)
Transportation services.
(f)
Health and wellness education, social and recreational activities, including appropriate exercise facilities, equipment and instruction.
(g)
Medication management and twenty-four-hour nurse availability.
(h)
Personal laundry, housekeeping and maintenance services.
C.
Development in a Planned Development-Continuing Care Retirement Community District (PD-CCRC) shall also be subject to the following supplementary requirements:
(1)
Such developments shall be permitted only on sites with frontage on a state or county highway.
(2)
Such development shall be served by central sewage treatment and water supply facilities.
(3)
No greater than 5% of the total gross floor area (GFA) of a site developed for uses permitted as set forth in Column B in § 250-11, Use Table, shall be occupied by the aggregate gross floor area of the following accessory uses: child or adult day-care center; retail stores; restaurants; personal service businesses (barbershops and beauty parlors, shoe repair and tailor shops); medical and dental clinics, health care services; and accessory apartments in buildings in accessory retail or personal service use.
[Amended 2-12-2013 by L.L. No. 1-2013]
(4)
No greater than 30% of the total gross floor area of a site developed for uses permitted as set forth in Column B in § 250-11, Use Table, inclusive of the uses of Subsection C(3) above, shall be occupied by the aggregate gross floor area of all accessory uses.
[Amended 9-11-2012 by L.L. No. 6-2012; 2-12-2013 by L.L. No. 1-2013]
(5)
In addition to the standards in the Table of Bulk Requirements, any development in a PD-CCRC District shall comply with the following density and bulk requirements:
(a)
A maximum of six dwelling units for independent-living or assisted-living rooms per acre shall be permitted. Independent-living units may be multifamily or single-family dwellings for senior citizens (persons of age 55 or older) and/or disabled persons.
[Amended 2-12-2013 by L.L. No. 1-2013]
(b)
Independent dwelling units shall have a maximum of two bedrooms per unit.
(c)
All bedrooms shall measure a minimum of 10 feet by 10 feet (100 square feet).
(d)
In addition to the above-noted densities for independent-living units or assisted-living rooms, additional staff housing and guest accommodations may be provided at an aggregate maximum density of one unit per 30 independent-living units or assisted-living rooms. (All fractions thereof shall be rounded down to the closest whole number.)
[Amended 2-12-2013 by L.L. No. 1-2013; 7-23-2013 by L.L. No. 5-2013]
(e)
The minimum required yards or separation distances between structures that are detached single-family dwellings shall be as follows:
[Amended 2-12-2013 by L.L. No. 1-2013]
[1]
Structures on individual lots shall have yard setbacks of 10 feet from the corresponding lot line for the front, side and rear yards. In this instance, the bulk requirements set forth in § 250-15, Bulk Table, shall pertain to the overall development within the entire site, and the lot dimensions such as width, front, side and rear yards and street frontage shall define the external boundaries of the development.
[2]
Structures that are developed on commonly held land (i.e., not on individual lots) shall be separated by minimum distances of 20 feet on the side and 30 feet in the rear of adjacent structures. The front of each such structure shall be separated from the edge of any internal site driveway as set forth in § 250-19.2C(8)(h) of this chapter.
(f)
The minimum distance between multifamily structures (three or more dwelling units in a structure) shall be 1 1/2 times the taller building. The front of each multifamily structure shall be separated from the edge of any internal site driveway as set forth in § 250-19.2C(8)(h) of this chapter.
[Amended 2-12-2013 by L.L. No. 1-2013]
(6)
Affordable housing dwellings.
[Amended 9-11-2012 by L.L. No. 6-2012]
(a)
A minimum of 10% of the total number of proposed independent-living dwelling units and assisted/assistive-living rooms shall be provided as affordable housing dwellings, as defined in this chapter, fractions of 0.6 or greater shall be rounded up.
(7)
In addition to the standards in the Table of Bulk Requirements,[3] any medium-density single-family attached and/or detached development permitted by a conditional use permit of the Planning Board in a PD-CCRC District shall comply with the following density and accessory use requirements:
[Amended 9-11-2012 by L.L. No. 6-2012; 2-12-2013 by L.L. No. 1-2013; 6-23-2015 by L.L. No. 2-2015]
(a)
A maximum of four dwelling units per acre shall be permitted.
(b)
A minimum of 20% of the total number of proposed medium-density single-family attached and/or detached dwelling units shall be provided as affordable housing dwellings as defined in this chapter; fractions of 0.6 or greater shall be rounded up. Said units shall be managed in accordance with Article XXII of this chapter.
(c)
Only the accessory uses listed in the Table of General Use Requirements for the R-MF/4 Zoning District (Column E)[4] shall be permitted.
[4]
Editor's Note: The Tables of General Use Requirements are included as attachments to this chapter.
[3]
Editor's Note: The Table of Bulk Requirements is included as an attachment to this chapter.
(8)
Design standards.
(a)
The architectural design, scale and mass of buildings and other structures, including building materials, colors, rooflines and building elevations, shall be designed to harmonize with, and preserve the appearance of, the character of the surrounding area.
(b)
All mechanical equipment (other than solar collectors) and refuse containers shall be screened from view.
(c)
Buildings shall be designed and grouped in such a manner as to provide adequate light, air, ventilation and privacy for all habitable rooms.
(d)
There shall be provided a safe and convenient system of streets, driveways, service access roads, sidewalks and walkways, with due consideration given in planning such facilities to the needs of pedestrians, and particularly senior citizens and physically disabled persons; such facilities shall be adequately lighted, and said lighting shall not be directed on adjacent streets or properties.
(e)
Principal and accessory uses and buildings shall be designed and arranged to facilitate safe access for residents, guests and employees.
(f)
Buildings shall be designed to be compatible with the functions that they will perform, in relationship to existing topography and to minimize adverse visual effects on the surrounding area.
(g)
All electric, telephone and other cable-supplied services shall be installed underground.
(h)
All parking areas, driveways, recreation areas and refuse collection areas shall be no closer than 25 feet to any building or lot line, and any swimming pool shall be no closer than 30 feet to any building and 50 feet to any lot line. Such areas between said facilities and lot lines shall be landscaped with suitable screening. Parking areas shall be developed in accordance with Article VIII of this chapter, except that the setback for such parking shall adhere to the 25 foot requirement stated above.
[Amended 2-12-2013 by L.L. No. 1-2013]
(9)
Fire protection. Any development in a PD-CCRC District shall provide proper access for firefighting equipment and personnel and shall provide facilities and water supply for firefighting purposes as may be determined adequate and approved by the Planning Board, based upon the recommendation of the Town's Consulting Engineer and the Fire Department having jurisdiction.
(10)
Recreation. Suitably equipped and adequately maintained recreational facilities and open space shall be provided, and their use shall be restricted to the residents of the development and their guests. Group sitting areas shall be well-defined by walls, fences, hedges or other plantings designed to impart a sense of containment or security and to provide group privacy. Alternatively, if the Planning Board determines that suitable recreational facilities cannot be located within the development site, the Board may require that the applicant make a payment to the Town of North Salem in lieu of all or part of the park requirement in accordance with the Standard Schedule of Fees of the Town of North Salem.[5]
(12)
Development shall conform to the landscaping and environmental requirements and performance standards in Article XI of this chapter.
(13)
Central antenna systems. If cable television service is not available to serve a proposed PD-CCRC development, a central exterior radio/television antenna system or earth station may be provided in accordance with plans approved by the Planning Board. Exterior antennas for individual multifamily buildings or dwelling units shall not be otherwise permitted.
§ 250-19.3 Supplemental standards for family day-care and group family day-care homes.
[Added 9-23-2014 by L.L. No. 5-2014]
Family day-care and group family day-care homes, as defined in this chapter, shall be permitted by right, subject to the following supplemental standards:
A.
Any such facility shall be located in a private single-family detached residence meeting all applicable zoning requirements.
B.
Any such facility shall be maintained in good standing in accordance with all applicable federal, state and county licensing requirements, as well as those pertaining to building, firesafety and health codes.
C.
Any such facility shall be owned and operated by the resident owner or occupant of the private single-family detached residence, who shall be certified by the Westchester County Department of Social Services or its appointed agent that he or she meets the requirements of the Department and has received clearance from the Central Registry on Child Abuse.
E.
No structural or decorative alteration shall be permitted which alters the single-family character of an existing residential structure or which is incompatible with surrounding residences.