A.
The special permit uses as set forth in this article
shall be deemed to be permitted uses in their respective base zoning
districts. However, as special permit uses possess certain characteristics
which make them incompatible with existing uses, contiguous zoning,
permitted uses or future uses, each application for a special use
permit shall be considered on its individual merits.
B.
The special permit uses as set forth in this section
shall be subject to compliance with the requirements and standards
set forth herein in addition to all other applicable codes and requirements.
Any law, ordinance or code which is more restrictive than the provisions
of this article shall be deemed controlling, unless otherwise specified.
A.
Applications for approval of the following special
use permits shall be made to the Planning Board:
[Amended 6-5-2002 by L.L. No. 3-2002; 11-17-2004 by L.L. No.
6-2004; 4-19-2006 by L.L. No. 3-2006; 8-19-2009 by L.L. No.
8-2009]
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Accessory apartments
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Adult day care, rest homes, nursing homes, convalescent
homes
| |
|
Amusement arcades
| |
|
Antiques stores
| |
|
Artistic studios and galleries
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Assembly of component parts
| |
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Athletic, health clubs and health spas
| |
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Automotive/gas station
| |
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Automotive rental, repair, sales and detailing
| |
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Bed-and-breakfast establishments, boardinghouses
| |
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Camps
| |
|
Catering
| |
|
Child day care, nurseries and preschools
| |
|
Cocktail lounges and bars
| |
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Commercial kennels and veterinary hospitals
| |
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Commercial stables and riding academies
| |
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Community residential facilities
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Clubs or lodges
| |
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Communication antennae (excluding ham/amateur
radio)
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Delivery/messenger services
| |
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Driving ranges (golf)
| |
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Dry-cleaning establishments (on site/storefront)
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Educational and philanthropic uses
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Exterminating services
| |
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Forest management/timber harvesting
| |
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Golf courses and country clubs
| |
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Home businesses or trades
| |
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Hospitals
| |
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Hotels, motels and inns
| |
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Laundromats and laundries (on site/storefront)
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Photography studios
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Printing establishments
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Recreation, sports and entertainment (indoor/outdoor)
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Research laboratories and facilities
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Residential above commercial
| |
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Restaurants, catering establishments (on and
off premises)
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Restaurant, fast-food
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Roadside stands
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Sales of construction and building materials
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Saw mills
| |
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Schools
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Shopping centers and mini malls
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Single-family zero-lot-line
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Veterinary hospitals
|
B.
On application, and after a public notice given at
least five days before a public hearing, the Planning Board may authorize
the issuance of a permit for any of the special use permits allowed.
C.
The Planning Board may require that a plan of development for a proposed special use permit shall be submitted. If a plan of development is required in a residential area, the provisions of Article IV, Special Provisions for Residential Districts, of this chapter shall apply. If a plan of development is required in a nonresidential area, the provisions of Article V, Special Provisions for Nonresidential Districts, of this chapter shall apply. The Planning Board may also require other pertinent information that may be necessary to determine if the proposed special permit use is in harmony with the intent of this article, is unlikely to result in depressed values of property in the neighborhood and is unlikely to cause or result in any condition which would impair the use of property in accordance with this chapter.
D.
Any data, plans or drawings, including architect's
plans, voluntarily submitted by the applicant or the applicant's duly
authorized agent in support of the application and not required by
this and other applicable sections of this article may be accepted
in whole or in part by the Planning Board and made additional requirements
and conditions of the permit when granted.
E.
The Planning Board reserves the right to request that
additional items be submitted and may impose additional conditions
if these additional items and conditions are pertinent to the particular
application or will serve to protect the health, welfare and safety
of the community.
F.
Applications shall be accompanied by an appropriate
fee as established by resolution of the Town Board annually.
A.
In granting a special use permit, the Planning Board
shall take into consideration the public health, safety and welfare
and the comfort and convenience of the public in general.
B.
The special use permits as set forth in this article
shall be subject to compliance with the requirements and standards
set forth herein in addition to all other applicable codes and requirements.
Any local law, ordinance or code which is more restrictive than the
provisions of this article shall be deemed controlling, unless otherwise
specified.
C.
Except in the case of legal, preexisting nonconforming
uses, a special permit use shall conform to the area, yard, lot, coverage
and height restrictions of the base zoning district in which it is
located, unless otherwise specified.
D.
Where two or more special use permits are applied
for on the same premises, the minimum lot area shall be the total
of the minimum requirements for each use as specified in this chapter.
E.
Before granting a special use permit, the Planning
Board shall have concluded that the proposed special permit use:
(1)
Will have adequate off-street parking for the proposed
use.
(2)
Will be unlikely to cause or result in traffic problems
that will imperil public safety.
(3)
Will not adversely affect the quantity or quality
of the water supply in the neighborhood.
(4)
Will not cause a degradation in air quality or of
ground- or surface water quality.
(5)
Will not create erosion or cause sedimentation or
siltation.
(6)
Will have adequate screening and landscaping, if appropriate.
(7)
Will not create unreasonable noise, glare or other
nuisance in the neighborhood.
(8)
Will be accessible to emergency services.
(9)
Will not create any hazardous condition.
(10)
Will be properly maintained after the granting
of a special use permit.
(11)
Will be certified by the Fire Inspector as being
in compliance with fire safety requirements.
(12)
Will submit detailed exterior and interior layout
plans at the time of application.
(13)
Will have New York State, Putnam County Health
Department and any other required licenses, permits or approvals.
(14)
Will comply with site plan regulations.
(15)
Will provide the Fire Inspector with a list
of all chemicals and hazardous materials kept on the premises, if
any, and any hazard associated with their exposure to heat, fire and
water. All public warnings must be posted.
F.
Unresolved violations.[1]
[Added 9-15-2010 by L.L. No. 8-2010]
(1)
No
application for special use permit approval shall be entertained for
a property where a Notice of Violation has been issued under this
chapter or any other local law or ordinance of the Town unless the
granting of such special use permit application, together with such
other approvals as may be required from the Town, will result in the
correction of said violation. Unless waived by the Planning Board
for good cause shown in writing by the applicant, and except as otherwise
stated below, all activities on the site for which special use permit
approval is sought shall cease.
(2)
The application and permit fees (including, but not limited to, building permits) for those special use permit applications subject to Subsection F(1) above shall be double the fees which would apply to an application for which no Notices of Violation are outstanding.
[1]
Editor's Note: Former Subsection F, as amended
5-30-2001 by L.L. No. 4-2001, was deleted 6-26-2002 by L.L. No. 7-2002.
A.
Accessory apartments.
(1)
Eligibility for conversion. The following criteria
shall be applied by the Planning Board in considering the conversion
of an existing single-family dwelling to an existing single-family
with an accessory apartment.
(a)
The Planning Board may consider granting a special
use permit for the conversion of a single-family dwelling to a single-family
dwelling with an accessory apartment in any residential zoning district,
except where enforceable deed covenants prohibit the same.
(b)
A special use permit shall not be granted for
any parcel with an area of less than 1/2 acre.
(c)
A special use permit may be granted for the
conversion of a one-family dwelling, provided that the certificate
of occupancy was issued at least five years prior to the date of application,
and provided that no additional living space exceeding 10% of the
prior living space was added within the last five years, and provided
that no additions have been made without appropriate building permits.
(2)
Conditions for approval.
(a)
The owner shall reside in one of the two dwelling
units, which shall be the owner's principal residence. The owner's
dwelling unit may not be seasonally rented to another person or used
for any other purpose.
(b)
There shall be no more than two dwelling units
on a single parcel of land.
(c)
The conversion shall be limited to one building,
which shall be the principal building on the property. If an addition
is proposed, the addition may not exceed 10% of the square footage
of the existing single foundation, and the 10% may not be exceeded
while an accessory apartment permit is in effect for the premises.
After a special use permit has been granted, no building permit may
be issued for additional living space unless a variance has been granted
by the Zoning Board of Appeals. Other provisions of this chapter permitting
the expansion of nonconforming structures shall not apply to properties
with special use permits for accessory apartments.
(d)
Smoke detectors shall be hard-lined installed
in each dwelling unit, and each detector shall be wired so that all
detectors in the structure shall sound when one detector is activated.
The Planning Board may require additional fire safety measures recommended
by the Fire Inspector.
(e)
The accessory unit shall be self-contained,
with a separate entrance and separate cooking, sanitary and sleeping
facilities for the exclusive use of the occupant(s).
(f)
Only one entrance shall be in the front of the
building, if practical.
(g)
Number of bedrooms:
[1]
Where a parcel is one acre or more, the two
dwelling units shall not contain a total of more than five bedrooms,
unless the existing single-family dwelling has more than five bedrooms
and is assessed as such, in which case the existing number of bedrooms
may not be exceeded as the total for both units.
[2]
On parcels of more than 1/2 acre and less than
one acre, the two dwelling units shall not contain a total of more
than four bedrooms.
(h)
Off-street parking spaces or garages for a minimum
of four cars shall be provided and maintained within the applicant's
property for the term of the special use permit.
(i)
Unless a parcel is served by a year-round central
community/municipal water supply and by a central community/municipal
sewer system, the following conditions shall be met:
[1]
The septic system shall comply with the present
requirements of the Sanitary Code of the County of Putnam. Where records
are inadequate to demonstrate this compliance, certification of a
licensed engineer or architect attesting to said compliance shall
be required.
[2]
The application shall be accompanied by proof
that the septic tank on the premises has been pumped out and cleaned
by a licensed septic tank cleaner within the previous 12 months.
[3]
The application shall be accompanied by a water
quality report attesting to a satisfactory potable untreated water
sample. The water sample shall have been collected and analyzed by
an accredited laboratory, and the analysis shall include testing for
disinfectants as well as coliform bacteria.
[4]
No part of any septic system shall be located
within the controlled area of any lake, pond, stream, brook or source
of water supply.
(j)
No home business or trade or any other nonresidential
use shall be permitted in either dwelling.
(k)
The accessory unit shall not endanger the health,
safety or general welfare of the community.
(3)
Term of accessory apartment temporary special use
permits.
[Amended 6-26-2002 by L.L. No. 7-2002]
(a)
A special use permit shall be granted for a
period of three years and may be renewed every three years thereafter.
(b)
A temporary special use permit for an accessory
apartment and any renewal of such permit shall terminate on the transfer
of title to the premises or upon the failure of the permittee(s) to
continue to occupy the premises as a principal residence.
(c)
Upon the transfer of title of a residence whose
previous owner held a valid special use permit, the permit shall terminate.
Thereafter, the tenant shall have 90 days to relocate. The second
kitchen shall be removed by the owner within 60 days after the tenant
leaves, and the house shall revert to single-family status. Should
the new owner intend to live in the structure and to continue to maintain
a second dwelling unit therein, the new owner shall apply to the Code
Enforcement Officer for a special use permit within 90 days of the
transfer of property. The Code Enforcement Officer may issue a new
permit as if it were a renewal of an existing permit without interruption.
(4)
Renewal of temporary special use permits.
(a)
At least 30 days prior to the expiration of
the special use permit, the owner shall apply to the Code Enforcement
Officer for renewal of the permit, which the Code Enforcement Officer
may grant, provided that:
[1]
The Inspector finds that the owner has continued
to adhere to every required condition laid down in the granting of
the expiring permit.
[2]
The applicant has submitted a satisfactory water
quality test performed in the same manner as the initial testing required.
[3]
The applicant has submitted proof that the septic
tank on the premises has been cleaned by a licensed septic tank cleaner
during the term of the expiring permit, and the Code Enforcement Officer
has found no evidence of a defective septic system.
(b)
Where an owner fails to apply for a renewal
or, in the case of a transfer of property, the new owner fails to
apply for a new permit within the time limits specified herein, the
special use permit shall terminate, and any new application for a
special permit on the same premises shall conform to all conditions
set forth in this article for an original application.
B.
Adult day care, nursing homes and rest homes.
(1)
The lot area shall be a minimum of five acres with
a minimum frontage applicable to the specific base zoning district
but in no case less than 100 feet of road frontage.
(2)
The maximum total coverage of all principal and accessory
buildings combined shall not exceed 15% of the total area of the lot.
(3)
A minimum distance of 60 feet shall be provided between
all buildings as measured from the points where such buildings are
nearest to one another.
(4)
There shall be provided a minimum of 1,600 square
feet of lot area for each patient bed.
(5)
All facilities shall be accessible to the physically
challenged.
(6)
The facility shall be operated in full compliance
with all requirements of the State of New York.
(7)
A special use permit for an adult day care, nursing
home or rest home shall be valid for a period of four years.
C.
F.
Athletic clubs, health clubs and health spas.
(1)
A detailed exterior and interior layout plan shall
be submitted at the time of application.
(2)
A schedule of activities and maximum capacities must
be submitted at the time of application.
(3)
Demonstration by the applicant that potential traffic
generation shall be within the reasonable capacity of the existing
or planned road or street providing access and that traffic circulation,
exit and entrance drives are laid out to minimize traffic hazards
and nuisances.
(4)
Demonstration by the applicant that the club and/or
spa will be appropriate in the proposed location and will have no
material adverse effect on existing or prospective conforming development,
and the proposed site is adequate in size for the use.
H.
Bed-and-breakfast establishments and boardinghouses.
(1)
A detailed exterior and interior layout plan shall
be submitted at the time of application.
(2)
Bed-and-breakfast establishments and boardinghouses in residential zoning districts may display an advertising sign in conformity with Article XII of this chapter.
(3)
Putnam County Health Department and any other required
licenses, permits or approvals.
(4)
A special use permit for a bed-and-breakfast establishment
or boardinghouse shall be valid for a period of four years.
I.
Camp.
(1)
Any camp shall have a minimum size adequate for the
facilities proposed.
(2)
No building, structure, temporary shelter, parking
or loading area shall be located within 200 feet from any street or
adjoining property line.
(3)
In order to minimize noise, the Planning Board may
require buffers around property lines and landscaping or sound-absorbing
structures.
J.
Catering. See "restaurants, general/fast-food."
K.
Child day care, nurseries and preschools.
(1)
Child day care, nurseries and preschools shall be
duly licensed as required by the State of New York and the County
of Putnam.
(2)
Such facilities shall include an outdoor play area
of a size, design and location suitable for the specific use of and
for the number of children attending the facility.
(3)
A special use permit for child day care, nurseries
and preschools shall be valid for a period of four years.
M.
Cocktail lounges and bars. The Planning Board may
restrict hours of operation and hours of entertainment in a cocktail
lounge or bar.
N.
Commercial kennels.
(1)
Commercial kennels are permitted, provided that the
runs are a minimum of 400 feet from any property line.
(2)
Runs or pens shall be a minimum of 200 feet from any
watercourse, body of water, wetland or source of drinking water.
(3)
The Planning Board may require the planting of vegetation
or the erection of sound-absorbing structures to minimize any noise
nuisance in the neighborhood.
(4)
A special use permit for a commercial kennel shall
be valid for a period of four years.
O.
Commercial stables and riding academies.
(1)
Commercial stables and riding academies are permitted,
provided that such use is on a lot that is two times the area required
in the base zoning district.
(2)
No building or pens for the housing of livestock are
located within 100 feet of any property line, street line, body of
water, watercourse, wetland or drinking water source.
(4)
Lot coverage of all structures shall not exceed 10%
of the lot with the exception of the Preservation District (PD) where
the lot coverage of all structures shall not exceed 2% of the lot.
P.
Communication tower (excluding ham/amateur radio).
(1)
The location and construction of any communication
tower shall be such as not to endanger the public or surrounding property.
A right-of-way of sufficient width shall be required to permit the
safe construction and maintenance of the antennae line and to prevent
any hazard to the surrounding property.
(2)
Suitable fencing or landscaping around the tower base
may be required when, in the opinion of the approving authority, it
is necessary to protect the public or conserve the values of surrounding
property.
(3)
Said facility shall comply with all setback regulations
for a principal structure.
(4)
No tower, excluding ham/amateur radio, shall exceed
100 feet in height, except when the required front, rear and side
setbacks are each increased by two feet for each one foot of the antennae
excess.
Q.
Community residential facilities. In accordance with
the purposes of this article and in furtherance of the policy of the
State of New York to deinstitutionalize those who cannot be cared
for in their natural homes by placing them in small, dispersed group-living
facilities, which are designed to give an outwardly similar appearance
to other family dwelling units in the community, the following special
use permit regulations shall be applied:
(1)
Said facility shall be set up in size, appearance
and structure to bear the general character of a family unit in a
relatively permanent household. As such, it shall not permit transients
or transient living, nor shall it be established in an institutional-type
arrangement. Said facility shall be headed by a full-time sleep-in
householder or householders, who provide on-site supervision for the
residents and any other supervision provided by applicable law or
governmental regulations.
(2)
Said facility shall have a maximum occupancy of 14
persons, excluding full-time, sleep-in householders(s) or supervisors.
(3)
For purposes of furthering the state's dispersal and
deinstitutionalization policy, to prevent the concentration of community
residential facilities in any one area and to preserve the social
as well as the physical character of the residential living environment
of the town, no community residential facility shall be established
if any portion of the lot in which said facility is situated is within
2,000 feet of any portion of any other lot whether said lot is within
or without the Town of Putnam Valley, on which another group-living
type use is situated. Moreover, in no event shall more than one such
facility be located in any structure or in any group of structures
on a given lot.
(4)
Said facility shall conform with and shall be maintained
in accordance with the overall character and appearance of the surrounding
residential area. No sign that advertises the use or occupancy of
said home shall be erected.
(5)
Any applicant for a special use permit for a community
residential facility shall submit the following information to the
Planning Board along with the application for the special use permit:
(a)
The governmental authorization to operate said
facility.
(b)
A description of the proposed facility, the
number of and approximate ages and, if applicable, the disability
of persons to be accommodated and the number and qualifications of
resident adult supervisory personnel.
(c)
A vicinity map indicating the location of the
proposed facility in relation to other existing community residential
facilities or other similar types of care facilities within a radius
of one mile of the subject site, as made after reference from and
a review of the Code Enforcement Officer's registry of community residential
facilities.
(6)
The Code Enforcement Officer shall maintain an up-to-date
register of all community residential facilities in the town.
(7)
Any change in the nature, size or type of the operation
of any approved facility shall be subject to a complete new application
for a special use permit, in accordance with the same standards and
procedures as required for the original application.
(8)
A special use permit for a community residential facility
shall be valid for a period of four years.
R.
Delivery/messenger service. There shall be a sufficient
portion of the lot area devoted to on-site parking and loading facilities.
S.
Driving ranges (golf).
(1)
Any golf driving range shall have a minimum size of
15 acres.
(2)
No building, structure or temporary shelter shall
be located within 100 feet from any street or adjoining property line.
Golf tees shall be located no less than 100 feet from the project
property line.
(3)
No storage of fertilizer shall be within 100 feet
of any street line or property line or within 100 feet from any body
of water, watercourse, wetland or drinking water source.
(4)
Suitable screening, landscaping or fencing shall be
provided to protect adjacent properties from physical damage, noise,
glare of lights or other similar nuisances.
T.
On-site dry-cleaning establishments.
(1)
The applicant shall submit the following information:
cleaning process to be done on site, cleaning process to be done off
site and storage of chemicals to be used on site.
(2)
The applicant shall also submit details on estimated
water usage, water conservation measures, water purification and disposal
of waste.
(3)
The Code Enforcement Officer must, as part of the
special use permit conditions, require yearly reviews of the dry-cleaning
establishment operations.
(4)
A special use permit for a dry-cleaning establishment
shall be valid for a period of four years.
U.
Storefront dry-cleaning establishments. Any on-premise
dry cleaning shall result in the immediate suspension of a special
use permit pending a public hearing on its revocation.
V.
Educational or philanthropic uses by nonprofit organizations
and houses of worship.
[Amended 4-19-2006 by L.L. No. 3-2006]
(1)
Such use shall be located on a lot having an area
that is at least two times the minimum lot area in the base zoning
district.
(2)
Recreation areas may be required based upon the nature
of the school and the ages, needs and numbers of the students.
(3)
Setbacks greater than those in the base zoning district
may be required.
(4)
Special attention shall be paid to internal traffic
controls, vehicular circulation and to the hazards created by the
movement of school buses.
(5)
The total lot coverage of all buildings shall not
exceed 15% of the lot area.
W.
Exterminating services.
(1)
Applications for a special use permit shall be accompanied
by complete plans for the safe storage of chemicals to be used.
(2)
A complete listing of all chemicals stored on the
premises and any hazards associated with their exposure to heat, fire
or water shall be kept on file in the office of the Fire Inspector.
X.
Forestry management and timber harvesting. Special conditions for forestry practices and timber management are as laid down in Chapter 140, Forestry, of the Code of the Town of Putnam Valley.
Y.
Golf courses and country clubs, including driving
ranges, recreational facilities and accessory buildings:
(2)
No building, structure, temporary shelter, parking
or loading area shall be located within 200 feet from any street or
adjoining property line. Golf tees shall be located no closer than
100 feet from the project property line.
(3)
No fertilizer shall be stored within 100 feet of any
street line or property line or within 100 feet from any body of water,
watercourse, wetland or drinking water source.
(4)
The clubhouse shall be subject to a site plan and
architectural review and shall be compatible with the surrounding
area.
(5)
The maximum coverage of the site by all buildings
or structures shall be no greater than 5% of the gross site area,
except in Preservation (PD) District.
(6)
There shall be no more than one sign facing each public
street, announcing the name of the facility. Such sign shall be nonmoving
and, if lighted, shall be indirectly lit.
Z.
Home business or trade.
(1)
Home business or trade shall occupy not more than
25% of the floor area of the principal structure on the site.
(3)
Merchandise, products and other materials shall not
be stored or displayed outside.
(5)
Home business or trade shall be incidental to the
residential use of the premises and shall be carried on by a resident
therein with not more than three nonresident assistants.
(6)
Home business or trade shall not create noise, dust,
odors, vibrations, fumes or smoke readily discernible at the exterior
boundaries of the parcel on which such home business or trade is situated,
nor create any electrical disturbance adversely affecting the operation
of any equipment located in any dwelling unit or on property not owned
by the person conducting such home business.
(7)
No more than two commercial vehicles may be parked
or stored on the premises and shall be garaged or screened from the
property lines. However, if such storage will not detract from the
residential character of the neighborhood, the Planning Board may
permit the parking or storage of a greater number of commercial vehicles.
(8)
Home business or trade shall be permitted without
a special use permit, provided that all of the following conditions
are met:
AA.
Hospital.
(1)
No hospital shall be operated within the Town unless
it is in full compliance with all of the requirements of the State
of New York.
(2)
Special attention shall be paid to internal traffic
controls, vehicular circulation, delivery entrances and to the hazards
created by the movement of emergency vehicles.
(3)
A plan for the disposal of all hospital waste shall
be submitted to the Planning Board, which may require regular reports
of its continued compliance with the approved plan.
BB.
Hotels, motels and inns.
(1)
Hotels, motels and inns are permitted for the accommodation
of transient overnight guests for stays of not more than 30 consecutive
days.
(2)
The owner or operator shall hold a valid license issued
annually by the Town Clerk and shall be in full compliance with the
regulations of the Putnam County Department of Health.
(3)
A detailed exterior and interior layout plan shall
be submitted at the time of application.
CC.
On-site laundromats and laundries.
(1)
The Planning Board may require well-yield testing
to demonstrate the availability of adequate water supply and ensure
that water usage and disposal by the proposed facility will not adversely
impact the water supply of water users in the vicinity.
(2)
The Planning Board may limit the hours of operation.
DD.
Storefront laundromats and laundries. Any on-premises
dry cleaning or laundering shall result in the immediate suspension
of a special use permit pending a public hearing on its revocation.
EE.
Photography studios and printing establishments.
(1)
An application for a special use permit for a photography
studio or printing facility shall be accompanied by full disclosure
of the anticipated use of toxic substances and solvents in the operation
as well as a plan for their disposal.
(2)
The Planning Board may limit the hours of operation
of a printing establishment.
FF.
Recreation, sports and entertainment facilities.
(1)
In order to minimize noise, the Planning Board may
require buffers around property lines and landscaping or sound-absorbing
structures.
(2)
Trails or racing tracks for motorized vehicles of
any kind are prohibited.
(3)
"War games" are prohibited. Paintball and airsoft
activities are permitted with special use permit on parcels that are
a minimum of 10 contiguous acres in size, excluding Town wetlands
or sensitive habitat areas.
[Amended 10-19-2022 by L.L. No. 5-2022]
GG.
Research laboratories and facilities.
(1)
The Planning Board may require well-yield testing
to demonstrate the availability of adequate water supply and ensure
that water usage and disposal by the proposed facility will not adversely
impact the water supply of water users in the vicinity.
(2)
An application for a special use permit shall be accompanied
by full disclosure of the anticipated use of toxic substances and
solvents in the operation as well as a plan for their disposal.
(3)
A complete listing of all chemicals stored on the
premises and any hazards associated with their exposure to heat, fire
or water shall be kept on file in the office of the Fire Inspector.
HH.
General and fast-food restaurants.
(1)
The Planning Board may limit the hours of operation
and the hours of entertainment of any restaurant located in a residential
zoning district.
(2)
Restaurants shall be certified by the Fire Inspector
as being in full compliance with firesafety regulations.
(3)
The applicant shall submit a plan for the maintenance
and disposal of all waste.
II.
Roadside stands.
(1)
The Planning Board may require the removal of roadside
structures when not in use.
(2)
The location of a roadside stand shall not create
traffic hazards, shall have adequate sight distance and shall allow
adequate and safe parking for customers on the site.
(3)
A special use permit for a roadside stand shall be
valid for a period of four years.
JJ.
KK.
Schools and educational institutions.
(1)
Schools shall be certified by the Fire Inspector as
being in compliance with firesafety regulations.
(2)
Recreation areas may be required based upon the nature
of the school and the ages, needs and numbers of the students.
(3)
Setbacks greater than those in the base zoning district
may be required.
(4)
Special attention shall be paid to internal traffic
controls, vehicular circulation and to the hazards created by the
movement of school buses.
(5)
New York State and Putnam County Health Department's
approval and other required licenses.
NN.
Veterinary hospitals.
(1)
Veterinary hospitals are permitted, provided that
the runs or pens are a minimum of 400 feet from any property line.
(2)
Runs or pens shall be a minimum of 200 feet from any
watercourse, body of water, wetland or source of drinking water.
(3)
The Planning Board may require the planting of vegetation
or the erection of sound-absorbing structures to minimize any noise
nuisance in the neighborhood.
(4)
New York State, Putnam County Health Department and
other required licenses, permits or approvals shall be required.
(5)
A plan for the disposal of all hospital waste shall
be submitted to the Planning Board, which may require regular reports
of its continued compliance with the approved plan.
[Added 11-15-2023 by L.L. No. 3-2023]
A.
Purpose.
(1)
With the increase in tourism over the past several years in
the Town of Putnam Valley and adjacent areas, there has been an increase
in the number of property owners renting to tourists on a short-term
transient basis. Many residents list their properties as short-term
transient rentals on web-based booking sites. Short-term transient
rentals (STRs) offer benefits to property owners and residents in
the Town such as increased income; however, STRs also create potential
health, safety, and quality of life detriments to the community. In
recognition of the widespread popularity of STRs and in recognition
that many such rentals are already operating in the Town, the purpose
of this section is to regulate the safety and use of STRs in line
with the goals of the Town Comprehensive Plan.
(2)
The following section imposes mandatory regulations and requirements
on all Town of Putnam Valley property owners that rent or propose
to rent their property on a short-term transient basis. The purpose
of such regulations and requirements are to assure that the properties
being rented meet certain minimum safety and regulatory requirements
which are proportional to those imposed on similar uses such as bed-and-breakfasts,
inns, motels, and hotels; thereby protecting the property owners,
the occupants of such housing and the residents of the Town of Putnam
Valley.
B.
Authorization. This section is adopted in accordance with Article
16 of the Town Law of the State of New York which grants the Town
of Putnam Valley the authority to enact local laws for the purpose
of promoting the health, safety, and welfare of the Town, and in accordance
with Municipal Home Rule Law, Article 2, § 10, that gives
the Town of Putnam Valley the power to protect and enhance its physical
environment. The Town Board authorizes the Planning Board of the Town
of Putnam Valley to issue special use permits to property owners to
use their properties as STRs per the provisions of this section. The
Building Department may, thereafter, issue STR permits, for such approved
uses. Applications for a permit to operate an STR shall be processed
under the procedures set forth in the Zoning Code and this section.
C.
Zoning. The STR use of a property shall only occur as an accessory
use to an existing or proposed single-family in the RA, R-1, R-2,
R-3, LP and CD Zoning Districts, subject to a special use permit issued
by the Planning Board and an STR permit. No STR use may occur on a
vacant parcel.
D.
Density. Where the parcel is located, unless they are preexisting
nonconforming structures, new short-term rental units shall meet density
and setback requirements for the zoning district.
E.
Prohibitions. The following parcels shall be prohibited from being
issued permits to operate short term transient rentals.
F.
ACCESS
CAMPING
DENSITY
DWELLING UNIT
EXISTING SHORT-TERM TRANSIENT RENTAL
HOUSE RULES
LOCAL MANAGER
NEW OPERATING SHORT-TERM TRANSIENT RENTAL
NON-OWNER-OCCUPIED
OWNER-OCCUPIED
PRIMARY RESIDENCE
RENTAL
RENTED IN PART
RENTED IN WHOLE
SECONDARY DWELLING UNIT (SDU)
SHORT-TERM TRANSIENT RENTAL (STR)
SHORT-TERM TRANSIENT RENTAL UNIT
SLEEPING ROOM
VACANT PARCEL
Definitions. As used in this section, the following terms shall have
the meanings indicated:
The place, means, or way by which pedestrians and/or vehicles
shall have safe, adequate, and usable ingress and egress to a property,
structure, or use.
The use of a property as a site for sleeping outside; or
the parking of travel trailers or similar equipment, the erection
of tents or other shelters, to serve as temporary residences.
The number of individual dwelling units per unit of land.
A building or entirely self-contained portion thereof containing
complete housekeeping facilities for only one family, including any
domestic servants employed on the premises, and having no enclosed
space (other than vestibules, entrance or other hallways or porches)
or cooking or sanitary facilities in common with any other dwelling
unit.
A short-term transient rental, as defined herein, which is
lawfully in operation as of December 31, 2023.
A set of rules that applies to renters of STRs while occupying
the unit.
The person specifically named on the application and permit
that is responsible for the day-to-day operation of the STR, and who
may be contacted, day or night, if there is a problem at the STR.
The local manager may be either the owner or an agent of the owner.
The local manager must reside within 30 miles of the Town of Putnam
Valley Town Hall.
A short-term transient rental not in operation prior to December
31, 2023.
An STR unit that does not qualify as owner-occupied.
An STR unit that is the primary residence of the owner for
at least 180 days in the calendar year, or the owner is present in
the dwelling or is present on the same parcel while the residence
is being used as a short-term rental.
A person's domicile where they usually live in the Town
of Putnam Valley, whether on a full-time or part-time basis for at
least 180 days in the calendar year, typically a house including any
habitable accessory structures on the same property.
An agreement granting use or possession of a residence, in
whole or in part, to a person or group in exchange for consideration
valued in money, goods, labor, credits, or other valuable consideration.
An STR in a primary residence, as defined above, that is
being occupied in part by the owner and in part by STR guest(s), simultaneously.
An STR in a dwelling unit that is being occupied entirely
by STR guests for the rental duration.
An attached or detached secondary residential dwelling unit
that shares the building lot of a larger, primary home, including
having separate cooking and sanitary facilities.
The use of a parcel for the rental or lease of any or part
of any residential use single-family and two-family dwelling unit,
for a period of less than 30 days. The STR may occur within an entire
dwelling, in rooms within a dwelling, or in a separate attached or
detached dwelling unit or units on the parcel, but shall not include
camping. Motels, hotels, resorts, inns, and bed-and-breakfasts, as
defined in this chapter, are excluded from this definition.
Dwelling units or rooms used as STRs.
An interior room other than a bedroom, as defined under the
New York State Uniform Fire Prevention and Building Code, that may
serve to afford sleep to a person, however, sleep shall not be the
primary function of the room. Examples include, but are not limited
to, a living room, family room, den or great room which may be furnished
with a futon, convertible couch, or other sleeping surface. All sleeping
rooms shall meet New York State Uniform Fire Prevention and Building
Code mandates for bedrooms (i.e., size, ceiling height, access, egress,
lighting and ventilation, electrical outlets, heat, and smoke and
carbon monoxide alarms).
A parcel of land which does not contain a residential dwelling
unit.
G.
Applicable law.
(1)
All property owners desiring to operate an STR must comply with
the regulations of this section. However, nothing in this section
shall alter, affect, or supersede any regulations or requirements
of the Town of Putnam Valley Zoning Code, any regulations or requirements
imposed by the County of Putnam, or any state or federal regulations
or requirements, and all property owners must continue to comply with
such regulations or requirements. Any conflict between this section
and any other regulations or requirements of the Town of Putnam Valley
Code shall be resolved in favor of the more stringent of such regulations
or requirements.
(2)
Except as temporarily provided herein for existing STRs, no
operation of an STR unit shall occur except pursuant to a valid special
use permit issued by the Town of Putnam Valley Planning Board and
an STR permit issued by the Building Department. Such STR permits
shall be valid for a three-year period, subject to annual fire and
safety inspection.
H.
Ownership of properties.
(1)
Properties must be owned by an individual, individuals, sole
proprietorship, general partnership, limited-liability partnership,
or a limited-liability company. No property owned by a corporation
or other business entity shall qualify for a permit.
(2)
A general partnership, limited-liability partnership or a limited-liability
company must disclose names of all partners and/or members when applying.
Any changes in partners and/or members shall be provided to the Building
Department within 30 days of change.
(3)
No owner entity composed of similar individuals, partners and/or
members may hold permits for more than three properties at any given
time, one owner-occupied and two non-owner occupied STR in order to
allow equitable distribution of short-term rental special use permits.
Only one permit per property is allowed at one time.
I.
Designation of STR properties. All short-term transient rentals shall
be designated as owner occupied, or non-owner-occupied, as defined
herein.
J.
Grace Period. At the time of adoption of this section allowing short-term
rentals, a property owner operating an existing short-term rental
without a permit may continue to operate a short-term rental provided
that the property owner shall submit an application for a short-term
rental permit within three months from the date of adoption. Any property
owner operating a short-term rental after this time period without
having submitted an application for a short-term rental permit shall
be in violation of these regulations and shall immediately cease such
operations until such time that a short-term rental permit is issued.
(1)
To be an existing STR, property owners must provide proof of
operation of an STR between December 31, 2022, and December 31, 2023.
K.
Fee. A nonrefundable STR permit application fee and inspection fee
shall be established by resolution of the Town Board for each dwelling
unit that functions as or contains a short-term transient rental unit.
Such permit fee shall be submitted with each new application and each
triennial renewal application. A separate fee shall be submitted for
an annual fire safety inspection of each permitted STR.
L.
The Town Board may, by resolution, set a maximum number of short-term
rental permits allowed during any given period in order to protect
the health, safety and welfare of the citizens in the Town. The maximum
number (cap) may be reviewed at any time at the discretion of the
Town Board.
M.
Application forms. Application forms for an STR permit shall be developed
by the Building Department.
N.
Applicants for an STR permit must file a separate application and
tender a separate application fee and obtain a separate permit and
inspection for each dwelling unit which contains or functions as a
short-term transient rental.
O.
Application process. The initial application to operate a short-term
transient rental shall be submitted to the Planning Board for a special
use permit. Notification of the application shall be sent to neighbors
within 200 feet of the property by the Building Department upon permit
application.
(1)
The application shall include the following, in addition to any other information required for a special use permit application pursuant to Town Code Article X, Special Permit Uses:
(a)
Contact information. The names, addresses, email address(es)
and day/night telephone numbers of the property owners and local managers
shall be included on the application.
(b)
Designation of the STR as owner-occupied or non-owner-occupied,
as defined herein.
(c)
Designation of the STR as rented in part and/or rented in whole,
as defined herein.
(d)
Hosting platform information. The applicant shall provide the
names and URLs for all hosting platforms or other advertising platforms,
such as but not limited to AirBnB, VRBO or other hosting websites;
and Facebook, Instagram, or other social media postings used by the
applicant for advertisement of the short-term transient rental unit.
Any changes or additions to the listed hosting/advertising platform
shall be reported on the applicant's renewal permit.
(e)
Parking. The number of off-street parking spaces to be provided shall be stated on the application. Off-street parking shall be provided to accommodate the occupancy of the short-term transient rental unit, one parking space for each sleeping room in the dwelling plus other parking as may be required by § 165-35E(1). Vehicles shall not be parked on front lawns. There shall be no on-street parking allowed, unless permitted by local traffic control signage. No parking shall be allowed outside of the parking spots designated and detailed on the permit.
(f)
Maximum occupancy. The maximum desired occupancy by the operator
shall be stated on the application. The Code Enforcement Officer shall
establish the maximum occupancy. The Code Enforcement Officer shall
limit the number of occupants based on the number, size, configuration,
and furnishings of the bedrooms and/or sleeping rooms, and per the
provisions of New York State Uniform Fire Prevention and Building
Code.
(g)
Water and septic. The source of the water supply shall be stated on the application and the permit. The septic system shall be functioning, and the type, size, and location of the septic system shall also be stated on the application. New permit applications shall require documentation as determined acceptable to the Planning Board, indicating that the septic system is found to be currently working properly and is adequate for the short-term transient rental maximum occupancy. Applications shall indicate compliance with Chapter 90 (Septic Systems) and shall include the latest pump-out date of the septic tank.
(h)
Fire safety. Documentation of location and existence of fire
safety devices in compliance with New York State Uniform Fire Prevention
and Building Code.
(i)
Description. State the occupancy of each bedroom and sleeping
room, and the methods of ingress and egress (examples: doors and windows)
shall be included with the application. No kitchen or bathroom shall
be occupied for sleeping purposes.
(j)
Plat. The applicant shall submit an aerial plat of the property
showing approximate property boundaries and existing features, including
buildings, structures, well, septic system, parking spaces, firepits/outdoor
fireplaces, driveways, streets, streams and other water bodies, and
neighboring buildings within 100 feet of the short-term transient
rental unit. This does not need to be a survey. This is easily obtained
free of charge from many online sources.
(k)
Garbage removal. The applicant shall state how garbage is to
be removed from the property. The applicant is responsible for all
refuse and garbage removal. The applicant shall be responsible for
either: a) contracting with a refuse company; orb) the owner or property
manager shall remove garbage on a weekly basis. If there is a dumpster
located on the property, the location of the dumpster shall be depicted
on the plat submitted with the application.
(l)
House rules. The applicant shall submit a copy of the house rules. (See below Subsection U for required house rules.)
(m)
Jurisdiction. If a property owner does not reside within 30
miles of the Town of Putnam Valley Town Hall, then they must designate
the local manager as an agent.
P.
Inspections.
(1)
Annually, each approved STR shall be inspected by the Code Enforcement
Officer or Fire Inspector to determine compliance with New York State
Uniform Fire Prevention and Building Code. Inspections shall be done
for the initial permitting and annually, thereafter.
(2)
All STR units must comply with New York State Building Code
requirements and shall have no open violations. No initial or renewal
permit shall be issued without compliance with the elements of the
submitted application.
(3)
The entire building involving an STR must be inspected. This
includes all owner-occupied spaces in buildings where an STR unit
is located. Those owner-occupied spaces shall be in compliance with
the Property Maintenance Code of New York State related to interior
and exterior spaces and fire safety.
Q.
Application review. Upon receipt of the application and fee, the
Planning Board shall determine if the applicant has complied with
all the requirements of this section, the Zoning Code, as well as
any applicable federal, state, county, or local laws. If the applicant
has fully complied, then the Planning Board may issue the property
owner a special use permit for an STR. Based on the approval of such
special use permit, the Building Department may issue a renewable
STR permit so long as initial fire safety and property maintenance
inspections have been completed and approved and all fees are paid.
No STR permit shall be issued until inspection is completed by the
Building Department.
(1)
The Planning Board should determine whether screening of the
STR Unit is appropriate on a case-by-case basis. The Board is hereby
empowered to require suitable and reasonable screening, through landscaping
or fencing, as a condition of approval for the special use permit.
R.
Renewal permits. Property owners with STR permits shall submit to
the Town of Putnam Valley Building Department a triennial renewal
permit application with any changes to the original STR permit, together
with such additional documentation as determined by the Code Enforcement
Officer, all of which will be on forms prescribed by the Building
Department, along with the current renewal application fee. Renewal
applications shall be subject to the cap as determined by the Town
Board and will be processed on a first-come-first-served basis. Permit
holders shall be able to apply for renewal permits beginning October
1 through December 1. The Code Enforcement Officer may deny a renewal
application based on noncompliance of the regulations contained in
this section or upon failure of the annual fire safety inspection
in any aspect of that inspection. An applicant may appeal the denial
to the Zoning Board of Appeals.
S.
General permit regulations.
(1)
STR permits shall be valid for three years.
(2)
An STR permit in any given year will expire on December 31,
except an initial permit approved after September 1 of a calendar
year shall be allowed to run through December 31 of the third year
of the permit. All renewal permits shall run from January 1 to December
31 of the third calendar year after issuance.
(3)
The Town of Putnam Valley Town Board reserves the right to set
a cap for the maximum number of STR permits to be issued by the Building
Department in order to ensure the equitable distribution of STR permits
and to protect the public's health, safety and welfare. The Town
Board may review that cap at its discretion and revise it as needed
to protect the interests of the Town.
(4)
Copies of the STR permit must be displayed in the dwelling unit
in a place where it is easily visible to the occupants.
(5)
STR permits may not be assigned, pledged, sold, or otherwise
transferred to any other persons, businesses, entities, or properties.
If a STR property is sold or otherwise transferred, the new owner
must apply for and obtain a STR permit in their name prior to any
use of the property as a STR by the new owner. Buyers under contract
for the purchase of a STR property may apply for a STR permit as a
prospective owner in the same manner as set forth herein, with issuance
of the permit conditioned upon the buyer's closing of title to
the property.
(6)
All short-term rental properties shall have posted on or about
the inside of the front or main door of each dwelling unit a card
listing emergency contact information. Such information shall include,
but not be limited to, the name, address, email, and phone numbers
of the building owner, if local, or of a local manager and instructions
on dialing 911 for emergency/fire/ ambulance assistance. A local manager
shall be able to respond in person within one hour.
(7)
Exterior advertising signs are prohibited except an STR may
have one nonilluminated accessory use freestanding or wall sign not
to exceed four square feet in area to identify the STR.
(8)
No camping shall be allowed on properties with STR permits.
T.
House rules.
(1)
All short-term rental properties shall post for renters of each
dwelling unit or rooms a listing of house rules. House rules shall
incorporate, but not be limited to, the following:
(a)
An emergency exit egress plan.
(b)
The location of fire extinguishers.
(c)
Identify the property lines and a statement emphasizing that
unit occupants may be liable for illegal trespassing.
(d)
Identify the procedures for disposal of refuse/garbage.
(e)
If allowed by the property owner, specify outdoor fires shall
be made solely within a fireplace or firepit in accordance with all
New York State burning regulations.
(f)
If allowed by the property owner, instructions for fires in
fireplaces or wood stoves. If not allowed by the property owner, a
statement stating as such.
(g)
Short-term transient rentals shall not be permitted to be used
for any commercial use or commercial event space.
(h)
No outdoor camping shall be allowed.
(i)
Parking shall be allowed solely in the designated parking spaces.
(j)
If the property has a pool, hot tub or other swimming or bathing
appurtenance (hereafter: "pool"), a clear list of requirements related
to use of the pool, including explanation of the use of the required
barrier, barrier latches, alarms, electrical disconnect, etc. Further,
the property owner will place a sign in each location leading to the
pool that the property requires a "water watcher": a responsible adult
to supervise the pool while it is in use and to be responsible for
assuring that the barrier requirements are in place at all times.
(k)
Noise should be kept to a reasonable level. Unreasonably loud,
disturbing and unnecessary noise should not occur after 8:00 p.m.
nor before 7:00 a.m. during weekdays, and not between 8:00 p.m. and
not before 9:00 a.m. on Sundays or any holiday.
U.
Complaints, enforcement and violations.
(1)
Complaints regarding the operation of an STR shall be in writing
to the Code Enforcement Officer
(2)
Noise complaints should be made to the Putnam County Sheriffs
Department.•
(3)
Upon receipt of a complaint of violation, the Code Enforcement Officer shall investigate to determine the presence of a violation, and upon finding to his/her satisfaction that a violation was or is currently occurring, he/she shall issue to the property owner and the local manager a notice detailing the alleged violation(s) as determined by the Code Enforcement Officer in accordance with Zoning Code § 165-91.2. Such notice shall also specify what corrective action is required of the property owner, and the date by which action shall be taken.
(4)
Notices required by this section shall be issued by the Code Enforcement Officer in accordance with Zoning Code § 165-91.2.
(5)
No renewal permit shall be issued until a notice of violation
issued by the Code Enforcement Officer is resolved.
(6)
If the landowner does not comply with the specified corrective
action by the date given by the Code Enforcement Officer, the Code
Enforcement Officer may revoke the STR permit. This determination
shall be reviewable by the Zoning Board of Appeals after a public
hearing.
(7)
The owner of a property in violation of this section, referenced
sections, or any other building code requirement shall be subject
to enforcement and fines under Zoning Code § 165.
A.
Special use permits may terminate with any change
of use, expansion of use, failure to abide by the conditions of the
special use permit or misrepresentation on an application.
B.
Temporary special use permits shall terminate upon
any transfer of the property to a new owner or lessee, a violation
of terms of the permit or upon any change of use. Temporary special
use permits shall be limited as follows:
[Amended 6-26-2002 by L.L. No. 7-2002]
(1)
A special use permit for an accessory apartment shall
be valid for a period of three years.
(3)
Other special use permits granted for a particular
operation shall terminate at the completion of the operation or upon
expiration of the permit. Such limitation shall be specified as a
condition of the special use permit.
C.
Renewal of temporary special use permits. No less than 30 days prior to the expiration of a temporary special use permit, the permit holder shall make application to the Planning Board for a renewal. Where the applicant is in full compliance with the previously approved conditions, including the standards in § 165-35 of this article, the permit shall be renewed. Where the Code Enforcement Officer finds that the applicant is not in compliance with those decisions, the application shall be referred to the Planning Board for review.
D.
Revocation of a special use permit. Upon notice of
violation issued by the Code Enforcement Officer, the holder of a
special use permit may remedy the violation within a period of 30
days, request a hearing before the Planning Board or forfeit the special
use permit which shall become null and void.
