TOWN BOARD OF THE TOWN OF NORTH SALEM WESTCHESTER COUNTY, NEW YORK LOCAL LAW # OF THE YEAR 2012

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1 TOWN BOARD OF THE TOWN OF NORTH SALEM WESTCHESTER COUNTY, NEW YORK LOCAL LAW # OF THE YEAR 2012 CHAPTER 250, ZONING ORDINANCE AMENDMENTS - PD-CCRC DISTRICT Section 1. Purpose: The purpose of this Local Law is to amend existing , Supplemental requirements for Planned Development - Continuing Care Retirement Community District, including related amendments to other existing sections, of Chapter 250, Zoning Ordinance, of the Code of the Town of North Salem to provide clarification of said regulations. Section 2. Adoption: Now therefore be it enacted by the Town Board of the Town of North Salem Local Law # of the Year Legend to the Code text changes:...existing text to remain...existing text to be deleted...new text to be inserted... Section 3. Amend 250-5, Definitions of Chapter 250, Zoning Ordinance: Amend the existing definition Assisted/Assistive-Living Facility set forth in 250-5, Definitions, of Chapter 250, Zoning Ordinance, as follows: ASSISTED/ASSISTIVE-LIVING FACILITY A residential facility that provides a combination of housing, supervision, supportive services and personalized assistance for persons of age 55 years or older, disabled or other handicapped persons, who do not require continual medical or nursing care from a hospital, health-related facility or nursing home, but who, by reason of limitation associated with age, physical or mental disabilities or other factors, may not be able to live independently. Such a facility may provide assistance with the needs and activities of daily living, such as meals, bathing, dressing, grooming and medical reminders. Such facility may provide long-term residence, nutrition, housekeeping, personal care, recreation or social activities and supervision to persons aged 55 years or older, or disabled or other handicapped persons. North Salem / DRAFT Local Law Chapter 250 Zoning PD-CCRC District Amendments / NS12200 Page 1 of 7

2 Section 4. Amend 250-9(C) of Chapter 250, Zoning Ordinance: Amend existing 250-9(C) of Chapter 250, Zoning Ordinance, as follows: C. No lot shall be formed from part of a lot already occupied by a building or use unless such building or use, all yards and open spaces connected therewith and the remaining lot comply with all requirements prescribed by this chapter for the district in which said lot is located. In any event, no more than one single-family detached dwelling shall be permitted on a lot, except as may be permitted in a R-MF/6, R-MF4 or PD-CCRC District. Section 5. Amend of Chapter 250, Zoning Ordinance: Amend , Supplemental requirements for Planned Development - Continuing Care Retirement Community District as follows: Supplemental requirements for Planned Development - Continuing Care Retirement Community District. A. 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 , Use Table: multifamily dwellings for senior citizens, persons of age 55 or older, and disabled persons; and/or high-density single-family dwellings for senior citizens, persons of age 55 or older, and disabled persons; In addition, one or more of the conditional uses set forth in Column C and/or accessory uses set forth in Column E in , Use Table, respectively, may also be developed in combination with the above uses permitted by right. Alternatively to the combination of uses as required above, one or more special permit use as set forth in Column D in , Use Table may instead be developed. The development of all uses above are subject to the bulk requirements for such uses as prescribed in , Bulk Table. The development of uses permitted in the Planned Development-Continuing Care Retirement Community (PD-CCRC) District shall be permitted as established in , Use Table, and subject to the bulk requirements for such uses as prescribed in , Bulk Table. The development in a Planned Development-Continuing Care Retirement Community District shall consist of a combination of high-density residential development, independent multifamily and single-family dwelling units for senior citizens, persons of age 55 or older, and disabled persons, and development of an assisted-living (or assistive-living) facility or other conditional or special permit uses. North Salem / DRAFT Local Law Chapter 250 Zoning PD-CCRC District Amendments / NS12200 Page 2 of 7

3 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 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, disabled or other handicapped persons who require assistance with such activities. (2) An assisted- or assistive-living facility may provide services, including but not limited to the following: (c) (d) (e) (f) (g) (h) Three meals a day in a common dining room. Assistance with activities of personal daily living including eating, bathing, dressing and grooming. Twenty-four-hour security. Emergency call system in each unit (bed or room). Transportation services. Health and wellness education, social and recreational activities, including appropriate exercise facilities, equipment and instruction. Medication management and twenty-four hour nurse availability. 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 , Use Table assisted/assistive-living, or multifamily or high-density dwellings for senior citizens or disabled persons, 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. North Salem / DRAFT Local Law Chapter 250 Zoning PD-CCRC District Amendments / NS12200 Page 3 of 7

4 (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 , Use Table assisted/assistive-living, or multifamily or high-density dwellings for senior citizens or disabled persons, inclusive of the uses of Subsection (3) A above, shall be occupied by the aggregate gross floor area of all accessory uses. (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 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 elderly and disabled handicapped persons. 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) (e) In addition to the above-noted densities for independent-living dwelling units or assisted-living rooms, additional staff housing and guest accommodations may be provided at an aggregate maximum density of 1unit per 30 dwelling units or assisted-living units. (All fractions thereof shall be rounded down to the closest whole number.) The minimum required yards or separation distances between structures that are detached 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. In this instance, the bulk requirements set forth in , 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 C(8)(h) of this chapter the traveled way of a street by a minimum distance 15 feet. North Salem / DRAFT Local Law Chapter 250 Zoning PD-CCRC District Amendments / NS12200 Page 4 of 7

5 (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 C(8)(h) of this chapter the traveled way of the street by a minimum distance of 20 feet. (6) Affordable housing dwellings. 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. Affordable housing dwellings shall be managed in accordance with affordable housing regulations of the Town of North Salem found in Article XXII of this chapter. (7) In addition to the standards in the Table of Bulk Requirements (Editor's Note: The Table of Bulk Requirements is located at the end of this chapter) any medium-density single-family attached and/or detached development permitted by a special permit of the Town Board in a PD-CCRC District shall comply with the following density and accessory use requirements: (c) A maximum of four dwelling units per acre shall be permitted. A minimum of 20% of the total number of proposed multifamily or 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. Only the accessory uses listed in the Table of General Use Requirements for the R-MF/4 Zoning District (Column E) (Editor's Note: The Table of General Use Requirements is located at the end of this chapter) shall be permitted. (8) Design standards. (c) 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. All mechanical equipment (other than solar collectors) and refuse containers shall be screened from view. Buildings shall be designed and grouped in such a manner as to provide adequate light, air, ventilation and privacy for all habitable rooms. North Salem / DRAFT Local Law Chapter 250 Zoning PD-CCRC District Amendments / NS12200 Page 5 of 7

6 (d) (e) (f) (g) (h) 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. Principal and accessory uses and buildings shall be designed and arranged to facilitate safe access for residents, guests and employees. 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. All electric, telephone and other cable-supplied services shall be installed underground. 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 twenty-five 25-foot requirement stated above. (9) Fire protection. Any development in a PD-CCRC District 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. (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. (Editor's Note: See Ch. 85, Fees.) (11) All signs shall be in conformance with Article IX of this chapter regarding sign regulations. (12) Development shall conform to the landscaping and environmental requirements and performance standards in Article XI of this chapter. North Salem / DRAFT Local Law Chapter 250 Zoning PD-CCRC District Amendments / NS12200 Page 6 of 7

7 (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. Section 6. Amend PD-CCRC District Table of General Use Requirements: Amend the existing Table of General Use Requirements for the PD-CCRC Planned Development - Continuing Care Retirement Community District, as referenced in , Use Table of Chapter 250, Zoning Ordinance, as follows: INSERT REVISED TABLE HERE - DEPENDS ON THE EDITS ABOVE... Section 7. Severability: If the provisions of any article, section, subsection, paragraph, subdivision or clause of this local law shall be judged invalid by a court of competent jurisdiction, such order or judgment shall not affect or invalidate the remainder of any article, section, subsection, paragraph, subdivision or clause of this Local Law. Section 8. Effective Date: This Local Law shall be effective upon filing with the New York State Secretary of State. North Salem / DRAFT Local Law Chapter 250 Zoning PD-CCRC District Amendments / NS12200 Page 7 of 7

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