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.
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.
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.
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:
(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.
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.
