Town of Ramapo, NY Article IV Bulk Regulations

§ 376-40 General requirements.

The general requirements relating to the arrangement of buildings, structures and uses occupying a lot for the zoning districts established by Article II are hereby established.

§ 376-41 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" and shall set forth the minimum bulk requirements of this chapter.[1]

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 regulations 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: Said table is included at the end of this chapter.

§ 376-42 Special bulk requirements.

A. As part of any minimum lot area requirement of this chapter for all uses, not more than 50% of any land underwater, subject to or within the one-hundred-year-frequency floodplain, wetlands, within easements or rights-of-way for overhead utilities, with slopes (unexcavated) of over 25% or within a designated street line of any road shall be counted towards meeting the minimum lot area. In addition, at least 50% of the minimum lot area requirement shall consist of land without the above-listed impediments. 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.

[Amended 6-14-2006 by L.L. No. 4-2006]

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. No portion of the lot, along the access route from its frontage into the lot, shall be narrower than the approved frontage.

C. In LO and PI Districts, no side setback, no side yard, no rear setback or no rear yard shall be required where such setback abuts an overhead utility transmission line right-of-way, railroad or a limited-access highway. In such cases, the total width of both side setbacks shall be 75 feet in an LO District and 50 feet in a PI District.

D. The Planning Board, at the time of subdivision approval, may modify and reduce the required lot width for any lot, but the same may not be reduced to less than 1/2 of the required lot width.

§ 376-43 Clustering.

A. Purpose, intent and applicability.

(1) The purpose of this section is to encourage flexibility of design and development of land by an alternative method for the layout, configuration and design of lots, buildings and structures, roads, utility lines and other infrastructure, parks and landscaping to preserve the natural and scenic qualities of open land. Cluster development may provide incidental benefits such as the facilitation of adequate and economical provision of streets and utilities.

(2) The standards and procedures hereinafter set forth are adopted pursuant to Town Law § 278. These standards and procedures are hereby declared to be the sole manner in which the Town Board or Planning Board may authorize development in a manner other than as required by the strict application of this section and other articles of this chapter.

(3) This section shall apply to all residential districts, except the R-15C Districts. In multifamily districts, the Planning Board or Town Board is authorized to approve coherent development of individual or multiple sites to allow row houses (such as townhouses and patio houses) and to allow apartments which may be rented or sold and may be cooperatives or condominiums.

(4) This section may be applied provided that the undeveloped land resulting from such provision is reserved as open space, and provided that the entire development (including location and architectural treatment of buildings and appurtenant facilities and provisions for recreational areas, parking, egress and ingress, and for landscaping) be built according to a site development plan approved by the Planning Board with prior consent of the Town Board, as required in this section.

(5) The dwelling units constructed pursuant to the standards and procedures set forth herein may, at the discretion of the Planning Board and subject to any conditions set forth by the Town Board, be in detached, semiattached, attached or multistory structures.

(6) The provisions of this section shall not be deemed to authorize a change in the permissible use of lands as provided for in this chapter.

(7) The application of this section shall result in a permitted number of building plots or dwelling units which shall in no case exceed the number which, in the Planning Board's judgment, would be permitted in a conventional preliminary subdivision plat meeting requirements for lots conforming to the minimum lot size and density requirements of this chapter applicable to the district or districts in which such land is situated, and of the Town Law, as it is now or may be amended, including Town Law § 276.

(8) The provisions of this section are not intended and shall not be deemed to give the Planning Board the authority or the power to apply or remove any other zoning designation or classification to any area, district, zone, lot or parcel of land within the Town of Ramapo.

B. Findings; objectives.

(1) The Town Board hereby finds that a substantial proportion of the remaining undeveloped land in the Town is environmentally sensitive and topographically difficult, and contains substantial valuable natural assets deserving of protection. The Town Board further finds that cluster development is a planning technique that will significantly cut disturbance or loss of Ramapo's natural assets by residential development. Clustering can provide for new housing needs without increasing overall area unit density or abbreviating landowner rights. Cluster development promotes conservation of open space protecting its attributes and beauty.

(2) In keeping with the Town's primary goal for cluster development, the Planning Board is directed to use cluster development to protect:

(a) Steep slopes, rock outcrop, escarpments and ridgelines.

(b) Unique or distinctive natural or geological formations.

(c) Wetlands.

(d) Flood-prone areas.

(e) Watercourses and water bodies, including rivers, streams, intermittent streams, lakes and ponds.

(f) Major stands of trees.

(g) Areas of rare, endangered and threatened vegetation.

(h) Wildlife habitat, especially that of rare, endangered or threatened species.

(i) Historic structures, places or trails.

(j) Significant scenic views, particularly of water bodies, ridge lines, hillsides, valleys and mountains, especially when visible from highways, roads, streets, parkland and other public places.

(k) Buffers along roadways and other property boundaries that will protect community or area character.

(l) Extensions of a public park or other protected open space or connections between two or more parks or protected open spaces or a combination of them.

(3) To the extent that they remain incidental to and consistent with the primary purpose, the Planning Board may also consider providing for such subordinate benefits as:

(a) Efficient and economical street, water supply, drainage and sanitary sewer layouts.

(b) Innovation, flexibility and variety in the type, design and layout of buildings so as to permit greater variety and range in the choice of housing types, living environment, occupancy tenure and housing cost.

(c) Flexibility in lot layout to achieve the best possible relationship between development and existing topography.

C. Authorization to approve plans; application procedure.

(1) The Planning Board is hereby granted authority to modify provisions of this chapter applicable to cluster development simultaneously with its approval of a plat or plats, subject to conditions stated in this section and such other reasonable conditions as the Town Board in its discretion may add.

(2) An applicant desiring to use the standards set forth in this section shall file, with the Planning Board, the application and plans required for subdivision review and approval as set forth in applicable provisions of this chapter and zoning regulations. Such application and plans shall have clearly marked upon their face that said plan is for development in accordance with these standards. The applicant shall also submit a written, detailed statement setting forth the nature of modifications, changes or supplementations of existing zoning provisions and the reasons for the same. Said statement shall include the manner in which such modifications, changes or supplementations of existing zoning provisions will benefit the Town and will further the purpose and objectives set forth in this section. The applicant may be required, at various stages of the planning process, to further justify his request to use the standards and procedures set forth herein.

(3) If an applicant has not requested to use the standards set forth in this section and seek approval of a cluster development, the Planning Board may nevertheless require an applicant to submit an application for cluster development subject to the criteria contained in this section. Prior to the Planning Board determining whether and to what extent a cluster development is to be proposed where an applicant has not requested such a development, the Planning Board shall determine that such a proposal would benefit the Town by satisfying the purposes set forth in this section, and that such a development plan is necessary to satisfactorily achieve one or more of the specific objectives stated in Subsection B(2) of this section.

(4) The applicant shall file the following maps and data, in a form as the Planning Board shall require, so that a determination may be made of the number of dwelling units which may be permitted by the use of this section:

(a) A conventional sketch plat pursuant to this chapter and the Town Subdivision Regulations.

(b) Any other data, plans and maps required by the Planning Board.

(5) The Planning Board shall review the above documents to determine compliance with the criteria set forth in this section and shall make a determination of the number of lots or dwelling units which may be permitted. If, in the Planning Board's judgment, the proposed development is appropriate for processing pursuant to this section, said Board shall transmit such application and other relevant documents to the Town Board with a request for authority to act in accordance with the standards set forth herein.

(6) After receipt of such request from the Planning Board, the Town Board shall schedule an informational hearing relative to the proposed use of the standards set forth herein. The applicant shall comply with applicable requirements relating to notice to interested parties. The applicant shall provide the Town Board with such data, maps and plans as are required by the Town Board.

(7) The Town Board shall review the recommendation of the Planning Board and determine whether or not to authorize the Planning Board to process the proposed development pursuant to this section. Said authorization, if granted, shall specify the lands to which this procedure shall be applicable and may contain such other reasonable conditions as the Town Board, in its discretion, may add thereto.

(8) In the event that such authorization is granted, the Planning Board shall process the application pursuant to subdivision laws, rules and regulations, including review at public hearings held pursuant to Town Law §§ 276 and 277.

(9) Town Board authorization for use of the standards set forth in this section shall expire and become void if any of the following events do not occur within the time limits as set forth:

(a) The adoption of a resolution, by the Planning Board, preliminarily approving a plat within nine months of the aforesaid Town Board authorization. This preliminary approval may be subject to conditions.

(b) The adoption of a resolution of final approval, by the Planning Board within 24 months of the aforesaid Town Board authorization. This final approval may be subject to conditions.

(c) Commencement of construction within 18 months from the filing of the plat in the Rockland County Clerk's office. A note to this effect shall be placed on the plat. If construction is not so commenced, the plat shall be void.

(10) The Town Board may, upon request of the Planning Board, extend any of the time periods set forth above.

D. Density calculations. The permitted density shall be determined on the basis of a review of a conventional subdivision plat that, consistent with applicable zoning regulations and practical considerations, could be approved by the Planning Board.

E. Site standards.

(1) A "site" means the entire area of land proposed for development.

(2) The site, when developed, shall be served by an approved public water supply system and an approved public sanitary sewer system.

(3) The site shall have a minimum of 50 feet of frontage on an existing public street or highway which is owned or maintained by the Town of Ramapo, the County of Rockland or the State of New York ("public street").

(4) If the site is to contain attached dwelling units, no more than eight such units shall be attached in any one cluster.

F. Lot standards.

(1) A "lot" means an area of land upon which detached dwelling is to be built.

(2) The minimum lot size, regardless of zoning district, shall be not less than:

[Amended 6-14-2006 by L.L. No. 4-2006]

(a) Townhouse: 2,500 square feet.

(b) Semiattached: 5,000 square feet.

(c) Detached: 10,000 square feet.

(3) The minimum setbacks for each dwelling (or group of dwellings, in the event that they are attached) shall be determined by the Planning Board only after receipt of a recommendation from CDRC.

G. Open space preservation.

(1) In the event that the application of this procedure results in a plat showing undeveloped lands available for park, recreation, open space or other purposes, the Planning Board, as a condition of plat approval, shall establish such conditions on the ownership, use and maintenance of such lands as it deems necessary to assure the preservation of such lands for their intended purposes.

(2) Any of such open spaces shall be shown on the plat with a notation on the face thereof that such open spaces shall not be further subdivided or used for future building lots.

(3) If any or all of the common open space is not dedicated to and accepted by the Town, the formation and incorporation of a neighborhood association, homeowners' association or other entity approved by the Planning Board shall be required. At the discretion of the Planning Board, documents indicating said formation shall be presented, either prior to the signing of the plat, prior to the granting of building permits or prior to the issuance of the first certificate of occupancy for a dwelling within the plat. If required by law, the approval of the Attorney General shall be obtained prior to the formation of the association.

(4) Covenants for mandatory membership in the association shall be approved by the Planning Board, filed in the Rockland County Clerk's office and included, in whole or by reference, in the deed to each lot.

(5) The association formed shall, in addition to any other rights or responsibilities, be responsible for maintaining the common open space(s) and operation and maintenance of any facilities within such open space(s).

(6) The association shall be empowered to levy and shall levy, when necessary, annual charges against all owners of lots to defray all expenses in connection with the maintenance, ownership and operation of open spaces and facilities placed thereon. The documents forming such association and the covenant filed in the Rockland County Clerk's office shall state that such charges, if unpaid, shall become a lien against the property which is in default.

(7) The documents forming such association and the covenant filed in the Rockland County Clerk's office shall additionally state that the Town of Ramapo shall have the right, but not the obligation, by legal action or otherwise, to enforce the property owner's obligation to pay any charges to the association.

(8) The developer or subdivider shall maintain control of such open space(s) and be responsible for its maintenance until development sufficient to support the association has taken place. Such determination shall be made by the Building Inspector upon request of the neighborhood association or developer or subdivider, or the Planning Board may set forth conditions concerning the transfer of the open space to the association, in its approving resolution and/or by requiring an appropriate note to be placed upon the plat.

(9) Prior to the signing of the plat, the subdivider or developer (except where condominiums are to be constructed) shall execute an agreement with the Town of Ramapo which the homeowners' association shall be subject to, provided that, in the event that the homeowners' association or any successor organization shall, at any time after approval of the development, fail to maintain the common land or any improvements thereon in reasonable order or condition in accordance with the approved plan, the Town of Ramapo may serve written notice upon such legal entity or successor organization or upon the property owners within the development, setting forth the manner in which the association has failed to maintain the common land or any improvements thereon, which said notice shall include a demand that such deficiencies be corrected within a designated time frame. If the deficiencies are not corrected within the designated time frame, the Town of Ramapo, in order to preserve the taxable values of the property within the development and to prevent the common land and improvements thereon from becoming a public nuisance, may, but shall not be obligated to, enter upon and take possession of said common land and improvements and maintain the same until such time as the Town Board shall determine that the homeowners' association is ready and able to maintain the common land and improvements in proper condition. Said entry and maintenance shall not vest in the public any rights to use the common land or improvements except when the same is voluntarily dedicated to the public by the homeowners' association and the offer of dedication is accepted by the Town Board. The decision of the Town of Ramapo with respect to the action described in this subsection shall constitute a final administrative decision subject to review in accordance with the provisions of Article 78 of the Civil Practice Law and Rules. The cost to the Town of Ramapo of any such maintenance shall be assessed against the properties within the subdivision, and, in the even of the failure or refusal of any such property owner to pay any such charges when due, the unpaid amount thereof shall become a lien against that person's property and together with interest from the due date thereof, shall be included in the annual tax levy of the Town of Ramapo upon such property for each such fiscal year, and the amount so levied shall be collected in the same manner as other Town taxes.