No site development plan approval shall be required
for one- or two- or three family residential uses or for additions,
alterations or structures accessory thereto, except as provided for
conversions of single-family residences in the R-15C District in § 376-98.
No site development plan approval shall be required for caretaker's
cottages, servants quarters, guest houses and separate living quarters
having a separate kitchen within a one-family residence in the RR-160
and RR-80 Districts. All other principal uses shall require a site
development plan approval prior to the issuance of a building permit,
certificate of occupancy or certificate of use. No lot or parcel of
land shall be used except in conformity with an approved site development
plan, when required.
In considering and acting upon site development
plans, the Planning Board shall take into consideration the public
health, safety and welfare, the comfort and convenience of the public
in general and of the prospective occupants of the proposed development
and of the immediate neighborhood in particular and may prescribe
such appropriate conditions and safeguards as may be required in order
to further the expressed intent of this chapter and accomplish the
following objectives in particular:
A.
Traffic access. All proposed traffic access will be
adequate but not excessive in number; adequate in width, grade, alignment
and visibility; not located too near street corners or other major
access points; and other similar safety considerations.
B.
Circulation and parking. Adequate off-street parking
and loading spaces will be provided to prevent parking of vehicles
on public streets. The interior circulation system will be adequate
to provide safe accessibility to all required off-street parking.
C.
Landscaping and screening. All recreation areas, parking
and service areas will be reasonably screened from the view of adjacent
residential lots and streets at all seasons of the year.
D.
Compatibility. Signs and lights will be compatible
and in scale with building elements and will not predominate the overall
visual impact of the project. Textures of buildings and paved areas
will be sufficiently varied to prevent a massive or monolithic appearance,
particularly areas of asphaltic paving for parking.
E.
Environment. The design, layout and operational characteristics
of the proposed use will not represent significant impact on the environment
or result in a waste of the land and other natural resources of the
Town. To the greatest possible extent, development will be in harmony
with the natural environment and adequate compensatory devices will
be prescribed to offset potential significant deterioration resulting
from the project.
F.
Development. The site development plan elements, including
buildings, parking, drainage, circulation, signs and lighting, will
not adversely affect the potential of adjacent properties or the property
under review from its highest and best use.
A.
Prior to application for a building permit, certificate
of occupancy or certificate of use, where required, site development
plan approval shall be secured from the Planning Board. The applicant
has the option of choosing between a formal application for approval
and an informal submission for review. The site development plan rules
and regulations provide detailed specifications as to application
materials. For purposes of an informal submission, the applicant should
provide as much information as he can, keeping in mind the specific
criteria specified in the site development plan rules and regulations.
The preapplication review by the Planning Board shall not constitute
a formal application, and no approval can be granted based on it.
At this time the applicant should outline any modifications he is
requesting from the requirements specified in the site development
plan rules and regulations.
B.
Submissions for site development plan review shall
be made on forms prescribed by the Planning Board and accompanied
by a fee in accordance with the Standard Schedule of Fees of the Town
of Ramapo. Such submission shall be submitted to the Director of Building,
Planning and Zoning, or his agent, at least three weeks prior to the
Planning Board meeting at which review is sought. The Director of
Building, Planning and Zoning, or his agent, shall determine if the
submission is in proper form and if so shall cause it to be referred
to such Town department, agencies and consultants as are necessary
to evaluate the proposal and shall cause a consolidated report to
be prepared by the Community Design Review Committee for the next
available Planning Board agenda. Applications not in proper form shall
be rejected, in writing, within 10 days after submission. A copy of
such rejection shall be sent to the Planning Board.
A.
An applicant, at his discretion, may submit, prior
to a formal application for final site development plan approval,
an application for informal review. The applicant shall submit all
application materials provided for in the site development plan rules
and regulations in as much detail as he feels is warranted to enable
the Planning Board to come to an informal conclusion as to the merits
of the proposal. Should variances from the requirements of this chapter
be contemplated, their nature and degree should be specified. The
application for informal review shall be made and processed in the
manner specified in § 376-92B.
B.
The Planning Board will review the proposed plan and
may grant informal concept approval with such conditions as are necessary
to ensure conformity of said plans with the general and specific criteria
set forth in this chapter and other applicable rules and regulations
of the Town of Ramapo. In reviewing a site development plan application
which has been granted a special permit by the Town Board, the Planning
Board shall ensure conformity with any special permit requirements.
A.
An application for final site development plan approval
shall be made in the same manner as prescribed for preliminary approval
as specified in the site development plan rules and regulations.
B.
The final site development plan and all supporting
materials shall be subject to review and consultation in the same
manner as the preliminary site development plan, and a consolidated
report shall be prepared and submitted to the Planning Board by the
Community Design Review Committee. The Board shall make a determination
on the application within 62 days of the close of the public hearing.
In the event no determination is made within 62 days and the applicant
has not waived the time requirements, the application shall be deemed
approved. The Board shall include such conditions of approval as were
required and in addition:
(1)
The Planning Board shall require that on- or
off-site improvements be installed, including but not limited to on-
or off-site drainage systems, to ensure that all drainage, storm runoff
and subsurface waters are carried into approved watercourses and drainage
systems shown on the Official Map. The Planning Board shall further
require that all such off-site improvements and/or drainage systems
be installed on property granted to the Town by fee, easement or otherwise,
as determined by the Planning Board.
(2)
No certificate of occupancy or use shall be
issued for the site until all the improvements shown on the site development
plan, including off-site requirements, required by the site development
plan have been duly installed and all easements and property interests
granted or dedicated to the Town.
(3)
A partial certificate of occupancy or use for
periods of 90 days, but not more than one year in the aggregate, for
a building, structure or part thereof may be issued before all the
on-site improvements are complete; provided, nonetheless, that such
portion or portions of the site improvements as are necessary to permit
the site to be occupied safely without endangering life or the public
welfare have been completed. The Building Inspector shall require
a cash deposit or letter of credit or such other security as may be
approved by the Town Attorney to ensure and guarantee the completion
of the on-site improvements. The Building Inspector shall determine
the sum of such cash deposit or letter of credit or other security.
(4)
The site shall be developed in strict conformity
with the approved site development plan except as provided for below.
When the approval of a field change (see definition of "field change")
is requested of the Building Inspector or other appropriate Town inspection
agency, such request shall be submitted to the appropriate inspecting
agency in writing. No field change shall be valid unless a copy of
the requested change is filed with the Planning Board, with the approval
of the appropriate agency noted thereon or appended thereto, within
five days of such approval.
Upon submission of the final site development plan with modifications required by the Planning Board in its final approval, and upon satisfaction of any conditions imposed by such approval, the Director of Building, Planning and Zoning, and the Chairman of the Planning Board shall sign the approved site plan and file one copy with the Building Inspector, who may thereafter issue a building permit, certificate of occupancy and certificate of use in reliance thereon in accordance with Article XIV. A site plan approval shall be valid for a period of 18 months unless a building permit has been issued.
An application for an amendment of any approved
site development plan for a site which has received prior final site
development plan approval shall be processed in accordance with the
preceding provisions. However, only those site development plan elements
proposed to be modified or changed need be presented, except where
such modifications or changes have a material and substantial impact
on the balance of the site development plan and functioning of the
site. The applicant's licensed design professional shall submit a
letter, and a drawing when necessary, indicating the scope of the
proposed change no later than 20 days before a Planning Board meeting
for a determination by the Planning Board as to whether the proposed
amendment shall require a public hearing. Fees for an amended site
development plan approval shall be in accordance with the Standard
Schedule of Fees of the Town of Ramapo.
It shall be the duty of every property owner
to maintain his property in conformity with the approved site development
plan. Failure to do so shall constitute a violation of this chapter.
The applicant must submit an application to
the Director of Building, Planning and Zoning for plot plan approval.
Such plot plan, together with the application, shall be subject to
review by the Community Design Review Committee, whose review shall
be based upon the criteria listed in § 376-99. Upon reviewing
the plot plan, a consolidated report shall be prepared and submitted
to the Building Inspector. The Building Inspector may require the
applicant to submit whatever information is necessary to make this
determination. The Building Inspector shall make a determination on
the application based on the criteria listed in § 376-99
and the report prepared by the Community Design Review Committee.
However, the Building Inspector may at any time refer the application
to the Planning Board for its review and recommendations.
A.
Plot plan application materials. The application submitted
by the applicant shall comply with the provisions of the site development
plan rules and regulations for R-15C conversions.
B.
All dwelling units shall comply with the applicable requirements of the New York State Uniform Fire Prevention and Building Code, as amended, and Chapter 144, Fire Prevention, of the Code of the Town of Ramapo.
[Amended 6-14-2006 by L.L. No. 4-2006]
C.
The residence must have at least one off-street parking
space for each dwelling unit on the same lot as the residence, which
shall conform to the requirements of this chapter. The location of
the parking spaces shall be shown on the plot plan submitted with
the application.
D.
The minimum floor area for a dwelling unit shall be
450 square feet unless a lesser amount of floor area is warranted
by the particular circumstances of the particular dwelling unit.
E.
The entrances to each residence and its design after
conversion shall be such that, to the degree reasonably feasible,
the appearance of the residence will remain in its original state.
F.
No dwelling unit shall be located in an attic or in
a detached accessory structure.
G.
Each dwelling unit shall be equipped with smoke detectors
and carbon monoxide detectors installed at the top of stairways or
in bedroom entrances.
H.
Notwithstanding any other provisions of this chapter,
roomers and boarders are not permitted as part of residential conversion
uses in the R-15C District.
