Prior to approving any special permit, the Planning
Board shall determine the conformity of such use and the proposed
development therefor with conditions and standards as set forth in
this chapter, including the conditions and standards as set forth
for site development plans. The Planning Board may adopt additional
rules and regulations pursuant to § 376-190 of this chapter.
Conditions prerequisite to approval of such uses are of a general
and specific nature. In various provisions of this chapter, specific
standards are enumerated for certain uses, which standards shall be
the minimum conditions for such use. The general conditions and standards
for special permit approval are as follows:
A.
The proposed use shall be of such location, size and
character that it will be in harmony with the appropriate and orderly
development of the district in which it is proposed to be situated
and not be detrimental to the site or adjacent properties in accordance
with the zoning classification of such properties.
B.
The location and size of such use, the nature and
intensity of operations involved in or conducted in connection therewith,
its site layout and its relation to access streets shall be such that
both pedestrian and vehicular traffic to and from the use and the
assembly of persons in connection therewith will not be hazardous.
C.
The location and height of buildings, the location,
nature and height of walls and fences and the nature and extent of
landscaping on the site shall be such that the use will not hinder
or discourage the development and use of adjacent land and buildings.
D.
The proposed use will not require such additional
public facilities or services, or create such fiscal burdens upon
the Town greater than those which characterize uses permitted by right.
E.
As a condition of all special permits, right of entry
for inspection with reasonable notice shall be provided for to determine
compliance with the conditions of said permit.
F.
As a condition of all special permits, a time limitation
may be imposed.
G.
In addition to the general standards for special permits
as set forth above, the approving board may, as a condition of approval
of any such use, establish any other additional standards, conditions
and requirements, including a limitation on hours of operation, as
it may deem necessary or appropriate to promote the public health,
safety and welfare and to otherwise implement the intent of this chapter.
Dormitories are permitted only as accessory
uses to schools of general or religious instruction, subject to the
following supplemental requirements:
A.
Institutional use dormitory.
[Amended 6-14-2006 by L.L. No. 4-2006]
(1)
A dormitory is permitted as a freestanding building
on a lot which also contains a building utilized as a school or a
portion of a building used for a school. The number of student residents
may not exceed the occupancy permitted in the school.
(2)
The minimum distance between any dormitory and
any interior driveway shall be 25 feet.
(3)
The maximum height of any dormitory shall be
three stories and 40 feet.
(4)
No dormitory or dwelling unit shall be permitted
in any nonhabitable space.
(5)
All dormitories shall be equipped with sprinkler, fire alarm and carbon monoxide systems in accordance with Chapter 144, Fire Prevention.
(6)
A minimum buffer of 25 feet shall be provided,
except for the R-15A and R-15C Zoning Districts, where a minimum buffer
of 15 feet shall be provided.
(7)
As a condition of the special permit, the Planning
Board may require adequate screening and landscaping between the dormitory
and any abutting residential use.
(8)
The minimum distance between a dormitory and
any other building on the lot shall be equal to the height of the
highest adjoining wall.
B.
Single use dormitory.
(1)
Such dormitory is permitted as the sole use
on a lot, provided that it is accessory to a school of general or
religious instruction located within 1,000 feet. The number of student
residents may not exceed the occupancy permitted in the school.
[Amended 6-14-2006 by L.L. No. 4-2006]
(2)
The maximum height of any dormitory shall be
35 feet.
(3)
No dormitory room or dwelling unit shall be
permitted in any nonhabitable space.
(4)
All dormitories shall be equipped with sprinkler and fire alarm systems in accordance with Chapter 144, Fire Prevention, of the Code of the Town of Ramapo.
(5)
As a condition of the special permit, the Planning
Board may require adequate screening and landscaping between the dormitory
and any abutting residential use.
(6)
The minimum distance between a dormitory and
any other building on the lot shall be equal to the height of the
highest adjoining wall.
(7)
Said dormitory is permitted only in the R-15A
and R-15C Zoning Districts, and Use Group "x-1" shall apply, except
that the FAR shall not exceed 0.75.
[Amended 6-14-2006 by L.L. No. 4-2006]
[Amended 9-8-2014 by L.L. No. 8-2014]
A.
Hotel units shall not be used as apartments for nontransient tenants.
B.
Each hotel room shall have an area of at least 300 square feet. Each
hotel unit shall have a bath facility with shower or bath, one toilet
facility and sink.
C.
Each hotel shall have, within the building, a lobby for receiving
guests of the hotel, and an office for hotel management.
D.
The following accessory uses shall be permitted:
(1)
One apartment with or without kitchen facilities for the use
of the hotel manager or caretaker and his family within the hotel
building.
(2)
One coffee shop for hotels with no more than 100 rooms. For
hotels of over 100 rooms, a restaurant and a coffee shop are permitted.
Such facilities shall be located within the hotel building.
(4)
Meeting and/or conference rooms.
(5)
A multilevel parking garage. If a multilevel parking garage
is proposed, minimum required setbacks and yards shall be reduced
by 50%.
(6)
For any downtown hotel, any retail uses allowed in the CS District
may be located on the street level as accessory uses. No additional
off-street parking shall be required for such accessory uses.
The harboring, boarding or training of animals,
except as otherwise provided in § 376-31, Use Table, whether
enclosed in a structure or on open land and whether or not accessory
to other principal uses of the land, shall be conducted in accordance
with the following general standards:
A.
In issuing the special permit approval for animal
kennels, the Planning Board shall stipulate the maximum number and
type of animals to be boarded, harbored or trained. That number shall
not exceed the quotient of 10,000 square feet of net lot area per
100 pounds of animal body weight characteristic of the species so
harbored. The square footage of the net lot area is that area of the
lot excluding the area of any required setbacks.
B.
In considering the application for a special permit
for the animal kennel use, the Planning Board shall consider the number,
size, breed and temperament of animals to be sheltered and impose
reasonable conditions to protect proximate uses, aesthetic impact
and safety of the animals sheltered in order to ensure the health,
safety and general welfare of the community.
A.
One stable stall shall be provided for each horse
housed on the site, and there shall be no stabling of animals or storage
or use of manure or other dust-producing substances within a distance
of 200 feet of any lot line. If outdoor lighting is provided for riding
areas, the applicable setbacks shall be doubled. All lighting shall
be located so as not to be visible at the source from any adjoining
property. Screening shall be required between such use and any other
nonagricultural use.
B.
Public events, demonstrations, horse shows, rodeos
and competitive events held in connection with riding academies or
stables shall be considered principal uses for purposes of lot area
and setback and shall conform to § 376-41, Bulk Table.
Gasoline service stations are conditional uses
in NS and CS Districts and subject to the restrictions as set forth
in § 376-31, Use Table, as well as the following standards:
A.
Such establishments shall not be located closer than
200 feet from any residential district boundary line, school, hospital,
nursing home or other similar institutional use.
B.
Access points shall be located a minimum of 100 feet
from the intersection of the designated street lines. All accesses
shall be defined by the use of concrete curbing and shall be designed
to provide safe and convenient travel without the potential for backing
vehicles into the public street.
C.
Pumps, pump islands and canopies are structures and
shall not be located in any required yards or setbacks, except that
the Planning Board may allow canopies to extend into the setback but
not into any yard. No outdoor display of products not associated with
the gasoline service station use shall be permitted.
D.
Screening. A ten-foot-wide landscaped area shall be
provided along all gasoline service station property lines, excluding
the front line, property lines adjacent to existing commercial uses
and access points. The landscaped area shall be densely planted with
a mixture of shrubs, trees and a fence, not less than six feet high,
which will create an opaque screen. All landscaped areas along property
lines which are crossed by access drives shall be planted with low
shrubs no greater than three feet high and trees with a branching
habit which begins at least eight feet above ground level. Furthermore,
planting shall not interfere with the normal line of sight (350 feet
in either direction) needed for safe entering and exiting maneuvers
by motor vehicles.
E.
Maintenance and operation. Due to the extent of land
use impacts from such stations which are a product of exterior operations,
the following requirements shall be made and noted on the site plan:
(1)
All vehicles at gasoline service facilities,
except for one tow truck, shall be stored within a building when the
facilities are not open for business. However, licensed vehicles parked
for minor repairs may be left outside for a period not to exceed 72
hours. At no time shall any unlicensed or dismantled automobiles,
trucks, tractors, trailers or accessories thereof be outside of a
building. No car, truck or trailer rentals shall be permitted.
(2)
There shall not be any outside storage or display
of accessories or portable signs when gasoline service facilities
are not open for business.
(3)
Rubbish, oil cans, tires, discarded motor vehicle
parts and components and any other waste materials may be temporarily
stored in a completely fenced-in opaque enclosure adjacent to the
gasoline service station building. The area of such enclosure shall
not exceed 200 square feet. There shall be no storage of any of the
above-mentioned items out side of such enclosure.
(4)
No repair work may be performed out of doors.
This does not preclude, however, adding oil to motor vehicles, changing
windshield wipers or other similar simple repairs normally performed
in conjunction with the sale of gasoline.
(5)
During the hours that a gasoline service station
is open, all cars of employees and customers and tow trucks must be
parked only in areas designated on the site development plan.
(6)
All landscaped areas designated on the gasoline
service station site development plan and/or landscaping plan shall
be maintained in a neat and healthy condition.
F.
Vehicle sales. The sale of used passenger vehicles
is permitted as an accessory use. The sale of new vehicles and commercial
vehicles is prohibited. No more than six vehicles may be offered for
sale at any time. The display of the vehicles shall be determined
by the Planning Board at time of site plan approval.
G.
Discontinuance of use. In the event a gasoline service
station is abandoned, as determined by the Building Inspector, the
owner, lessee and/or motor-fuel supplier of said gasoline service
station shall immediately remove the tanks, gasoline pumps, all identification
signs and lighting poles. In lieu of removing the tanks, said owner
and/or lessee shall remove the flammable liquids therefrom and fill
all tanks with water for a three-month period only and thereafter
with a solid material. The owner and/or lessee shall also provide
adequate protection against unlawful entry into the buildings and
onto the property and shall close all vehicular entrances to the property
to prevent the storage of abandoned vehicles thereon.
Automobile washing facilities maybe permitted
by the Planning Board as provided in § 376-31, Use Table,
subject to the following requirements:
A.
Such establishments shall not be located closer than
200 feet to any residential district boundary line, school, hospital,
nursing home or other similar institutional use.
B.
Each establishment shall provide parking/waiting areas
equal in number to six times the maximum capacity. Four times the
maximum capacity shall be provided for automobiles beyond the exit
of the equipment so situated as to be usable for the hand finishing
of the washing process and which shall be no closer than 50 feet to
any street right-of-way line. A maximum capacity shall be determined
by dividing the equipment line by 20 feet.
C.
Disposal of wash water shall be subject to approval
by the Planning Board.
A.
The Planning Board may permit day camps and outdoor
recreation facilities upon terms and conditions limiting the periods
of operation.
(1)
Access to such facilities shall be limited to
improved state, county or town roads shown as major roads on the Official
Map. Such facilities shall be adequate to preclude the necessity of
pedestrian traffic outside the approved facility, except for travel
within a state or county park or parkway.
(2)
Day camps may include such structures as tent
stands, cottages, and other accessory buildings, provided that no
heating facilities are installed that permit residential year-round
occupancy. Covenants precluding such occupancy shall be recorded in
the County Clerk's office.
B.
Swimming pools shall be classified and located as
follows:
|
Type of Pool
(class)
|
Maximum Area
(square feet)
|
Setback From Any
Property Line
(feet)
| |
|---|---|---|---|
|
A
|
Over 3,600
|
200
| |
|
B
|
Over 2,600
|
176
| |
|
C
|
Over 1,600
|
160
| |
|
D
|
1,600 or less
|
100
|
C.
All recreational facilities shall comply with the
minimum setback requirements of § 376-41, Bulk Table.
D.
Lighting. If outdoor lighting is provided for any
of the recreational facilities, including swimming pools, which permits
use of the facilities after 10:00 p.m., the applicable setback requirements
for such facility shall be doubled. All lighting shall be located
so as not to be visible at the source from any adjoining property.
E.
Noise. A public-address system or any other amplified
noises are prohibited, except for emergency uses.
F.
Parking. All parking areas and spaces shall have dustless
surfaces.
Automobile sales and service agencies for the
sale and servicing of new and used motor vehicles, accessories and
customary accessory uses may be permitted, provided that such agencies
are franchised dealers or factory-owned dealerships of new motor vehicles
and that all operations are conducted from the same site and subject
to the following requirements:
A.
No such facility shall be closer than 500 feet (measured
along the designated street line) to any residential district boundary,
institutional or nonprofit use or school of general instruction. Such
use may be permitted within 100 feet of a residential district along
a rear lot.
B.
The display area for vehicles shall not exceed 110
feet, extending between the front yard line and principal, building,
and not more than 10 vehicle display spaces shall constitute a display
group, with each group being separated by significant landscape elements.
C.
The lighting level shall not exceed three footcandles
within a display area, and no banners, pennants and string flags are
permitted. No signs, including numbers, prices or other advertising
message, shall be displayed so as to be visible to the public right-of-way,
except display window area pursuant to the site development plan rules
and regulations.
D.
All motor vehicle storage, other than the display
area and customer parking, shall be fully fenced and screened from
the side and rear property lines. All other accessory uses, including
servicing, shall be conducted within fully enclosed structures. Gasoline
service, if provided, shall be located to the rear of the principal
building. Oil and gasoline storage shall be solely in underground
tanks.
E.
Where the use involves display or sales of recreational
vehicles, with gross vehicle weight exceeding 5,000 pounds, or trucks
and commercial vehicles, such as buses or tractors, the Planning Board
shall increase the applicable yards by a factor computed, on the basis
of the vehicle height divided by five feet six inches.
Contractors' storage yards may be permitted
in the PI and CS Districts, subject to the following requirements:
A.
The Planning Board may require that all building materials,
equipment and supplies be located within enclosed buildings or open
sheds.
B.
Outdoor storage areas, if any, shall be limited to
those specific locations and designated limits approved by the Planning
Board. Such outdoor storage areas shall be heavily screened and landscaped
from all street lines and lot lines, as may be required by the Planning
Board.
C.
The Planning Board may require conformance with any
requirements recommended by the Fire Department having jurisdiction.
In no case shall the storage of any flammable materials be permitted
within 150 feet of any lot line.
D.
The Planning Board may require conformance with any
other necessary requirements in order to prevent a nuisance to neighboring
properties by reason of dust, noise, odor or any other nuisance which
the Planning Board feels will be associated with the intended use.
A.
Location. No drive-in restaurant shall be located
within 300 feet of any residential district, or of any lot line of
a school or place of worship.
B.
Traffic impact. The Planning Board shall, in each
individual case, consider the potential traffic impact of the proposed
drive-in restaurant on the adjoining road system and on the parking
areas affected. Where said Board determines that such traffic may
have a significant, adverse impact, it may deny the application or
it may require such reduction in scale or other modification of the
size and nature of the proposed facility as, in the opinion of said
Board, will be adequate to reduce the estimated impact to an acceptable
level.
C.
Waste material. All waste material shall be stored
in rodent proof containers which shall be kept in a screened or enclosed
location and shall be removed from the premises each day, with the
exception of Sundays and holidays.
Sales and showroom facilities may be permitted
in the PI District subject to the following requirements:
A.
Sales and showroom facilities shall be permitted for
products fabricated, processed, converted, altered or assembled on
the premises or locations on the site in question or for wholesale
and retail sales in connection with a wholesale or warehouse business.
B.
In addition to the off-street parking space required
for the other uses allowed, off-street parking space shall be provided
for the space allocated to sales and showroom facilities on the basis
of one parking space for each 200 square feet devoted to such use.
Such parking spaces shall be provided in areas convenient to the entrances
to the sales and showroom facilities.
C.
Special loading and parking areas shall be provided
for the sales and showroom facility space, which shall not coincide
or conflict with off-street loading space required for the basic use
of the premises.
Caretaker's cottage, servants quarters, guest
houses or separate living quarters having a separate kitchen within
a one-family residence may be permitted in the RR-80 and RR-160 Districts
subject to the following requirements:
A.
Said uses must be on lots of four acres or more.
B.
Said uses must be accessory to a one-family residence.
C.
Guest houses cannot be utilized for rental purposes.
D.
Separate living quarters within a dwelling can only
be located in a one-family residence having at least 3,000 square
feet of living area.
Mixed lot size development of single-family
residences in the R-40A District shall be permitted upon compliance
with the following standards:
A.
Parcels to be subdivided must contain an area of at
least 10 acres. If parcels contain less than 10 acres, they can only
be developed in compliance with Use Group "m."
B.
Gross density of up to two units per acre.
C.
Lots ranging in area from 25,000 square feet to 34,999
square feet shall comply with the bulk regulations contained in Use
Group "t."
D.
Lots ranging in an area from 35,000 square feet to
39,999 square feet shall comply with the bulk regulations contained
in Use Group "q."
E.
Lots greater than 40,000 square feet shall comply
with the bulk regulations contained in Use Group "m."
F.
The maximum lot size permitted shall not exceed 45,000
square feet.
G.
A one-hundred-fifty-foot buffer is required within
which the size of the lots must be the same as the prevailing lot
size of adjacent residential properties.
H.
A greenbelt of 40 feet is required where a proposed
R-40A subdivision is located on a state or county road.
A.
These special regulations shall apply to all wireless
communication services facilities.
B.
The purpose of these special regulations is to reasonably
control the location, construction and maintenance of wireless communication
services facilities in order to encourage the siting of wireless communication
services facilities in nonresidential areas and, to the maximum extent
practicable, to protect aesthetic impacts, the open space character
of the Town of Ramapo, the property values of the community, the health
and safety of citizen's ability to receive communication signals without
interference from other communication providers, while not unreasonably
limiting reception of receive-only antennas.
C.
Except as provided hereinafter, no wireless communication
services facility shall be located, constructed or maintained on any
lot, building, structure or land area in the Town of Ramapo, except
in conformity with the requirements of this section and all other
applicable regulations.
D.
A wireless communication services facility shall be
located on a site with existing facilities. If, because of unreasonable
technological, financial or structural limitations or unless otherwise
waived, modified or required by the Planning Board for aesthetic,
safety or other reasons, location on a site with existing facilities
is not possible, such facility shall be located on a site with existing
commercial or nonresidential uses before being located on any site
that is used exclusively for residential purposes. Wherever possible,
such facility shall be attached to an existing building or structure.
To the maximum extent practicable, existing roadways shall be used
to provide access to the site of a wireless communication services
facility.
E.
The shared use of existing public utility facilities
and wireless communication services facilities shall be strongly encouraged.
The Town Building Department and the Director of Building, Planning
and Zoning shall maintain an inventory of existing wireless communication
services facilities (the "Existing Facilities Inventory") and a list
of utilities that are obligated under the Federal Telecommunications
Act of 1996 to provide wireless communication service carriers with
nondiscriminatory access to their facilities.
(1)
Collocation shall be required unless it has
been demonstrated to the satisfaction of the Planning Board that:
(a)
Adequate and reliable wireless communication
service cannot be provided from any alternative sites identified on
the Existing Facilities Inventory or other existing sites within the
service area in a reasonably financially and technologically feasible
manner consistent with the wireless communications service provider's
system requirements;
(b)
None of the alternative sites identified on
the Existing Facilities Inventory or other existing sites within the
service area can accommodate the proposed wireless communication services
facility with respect to structural or other engineering limitations,
including frequency incompatibilities; or
(c)
The owner of the alternative sites identified
on the Existing Facilities Inventory or other existing sites within
the service area lawfully refuse to permit the applicant use of the
site.
(2)
All new communication services facilities and
premises shall be of proper size, location and design to accommodate
collocation of other service providers' facilities, unless otherwise
permitted by the Planning Board.
F.
The wireless communication services facility shall
be located not less than twice the otherwise applicable setback requirements
for principal structures for the district in which the property is
located or the height of the facility, whichever shall be greater.
G.
No freestanding wireless communication services facility
shall be permitted except for a monopole.
H.
Height limitations:
(1)
Notwithstanding the following height limitations,
in no case shall a wireless communication services facility exceed
the minimum height reasonably necessary to accomplish the purpose
it is proposed to serve.
(2)
The height of any antennas, or other associated
equipment, structurally mounted as part of a wireless communication
services facility shall not exceed by more than 15 feet the highest
point of the existing structure on which such antennas or equipment
is affixed, except that where necessary to accommodate collocation,
such height may be increased to a maximum of 40 feet.
(3)
The height of any freestanding wireless communication
services facility shall not exceed 100 feet in height measured from
the highest point of such facility to the existing finished grade
elevation of the ground immediately adjacent to the structure.
I.
The applicant/provider shall prepare a visual impact
assessment of the proposed wireless communication services facility
based upon appropriate modeling, photography and other pertinent analytical
techniques. Landscaping and/or other screening, including but not
limited to architectural treatment, use of neutral or compatible coloring
and materials or alternative technologies, shall be required to minimize
the visual impact of such facility from pubic thoroughfares, important
viewsheds and vantage points and surrounding properties to the extent
practicable. No signs, other than signs not to exceed six square feet
listing the owner's or operator's name and emergency telephone number,
shall be erected on any wireless communication services facility.
J.
The wireless communication services facility shall
not be artificially lighted unless otherwise required by the Federal
Aviation Administration or other federal, state or local authority.
K.
Unless otherwise superseded by the Federal Communications Commission (FCC), the design and use of the proposed wireless communication services facility shall be certified to conform to the maximum NIER exposure standards promulgated by the FCC, as amended, including that the estimated or measured NIER from a proposed wireless communication services facility, when added to existing radio frequency electromagnetic radiation from existing sources, will not exceed the guidelines set forth in the applicable federal and state standards. Said certification shall include a report by a licensed professional engineer with expertise in radio communication facilities and/or health physicist acceptable to the Planning Board. The Planning Board shall require annual certification of conformance with the applicable emissions standards. Any violation of the emissions standards shall require immediate discontinuation and correction of the use responsible for the violation. Any such violation of these requirements of this chapter or the conditions of the special use-permit or site plan approval shall be deemed to be an offense punishable by fine and/or imprisonment in accordance with Article XIV of this chapter.
[Amended 6-14-2006 by L.L. No. 4-2006]
L.
Noise-producing equipment shall be sited and/or insulated
to prevent any measurable increase in noise as measured at the property
line.
M.
Any interference or disruption of signal or reception
of radio, television or other wireless communications service resulting
from the construction or operation of a wireless communication services
facility shall be remedied by and at the expense of the responsible
wireless communication services provider to the satisfaction of the
Planning Board.
N.
Electrical and land-based telephone lines extended
to serve the wireless communication services facility sites shall
be installed underground where feasible.
O.
A wireless communication services facility shall be
designed and erected so that, in the event of structural failure,
it will fall within the required setback area and, to the maximum
extent possible, away from adjacent development.
P.
A security program shall be formulated and implemented
for the site of a wireless communication services facility. Such program
may include physical features such as fencing, anticlimbing devices
or elevated ladders on monopoles and/or monitoring either by staff
or electronic devices to prevent unauthorized access and vandalism.
In no event shall there be a vertical separation of less than 30 feet
from the base elevation of a monopole to the first climbing rung or
elevating ladder (when elevated) thereon.
Q.
A monopole over 50 feet in height shall be inspected
annually by a licensed professional engineer, or at any other time
upon a determination by the Building Inspector that the monopole may
have sustained structural damage, and a copy of the inspection report
shall be submitted to the Director of Building, Planning and Zoning.
R.
In the case of an application for approval of a wireless
communication services facility to be located on lands owned by a
party other than the applicant or the Town, a copy of the lease agreement
with the property owner, together with any subsequent modifications
thereof, shall be provided to the Planning Board, and a copy shall
be filed with the Director of Building, Planning and Zoning.
S.
A wireless communication services facility shall be
dismantled and removed from the property on which it is located when
it has been inoperative or abandoned for a period of one year from
the date on which it ceased operation. In the event that such facility
is not completely removed from such property within such time, the
Town shall be authorized to effect such removal in accordance with
the following procedure:
(1)
The Director of Building, Planning and Zoning
shall give written notice that such wireless communication services
facility must be completely removed from such property within a time
to be specified in such notice, which time shall be not less than
10 nor more than 30 days after service of such notice. Such notice
shall contain a statement that in the event such facility is not completely
removed within the time specified therein, the Town will cause such
removal to occur, and thereupon the property upon which the facility
is situated will be assessed for all costs and expenses incurred by
the Town for the purpose of effecting such removal, said costs and
expenses to be collected in the same manner and time as Town taxes.
(a)
Such notice shall be served by the Director
of Building, Planning and Zoning either personally or by certified
mail upon the following person:
(b)
If such notice is served by certified mail, it shall be mailed to the owner of the property at the address shown on the last completed tax assessment roll of the Town and to the owner of such facility and the individual agent for such owner at the respective addresses provided to the Town pursuant to Subsection T(7) of this section.
(2)
In the event that such wireless communication services facility is not completely removed as directed in the notice of the Building Inspector within the time specified therein, the Town may at any time thereafter, enter upon the property and cause such facility to be removed; provided, however, that no demolition shall take place without the express approval of the Town Board. All costs and expenses incurred by the Town in connection with such removal, including all administrative expenses, if any, shall be assessed against such property by the Town Board in the manner provided in Subsection S(3) of this section.
(3)
The Town Board shall serve personally or by
certified mail upon the owner of record of such property at the address
shown on the last completed tax assessment roll of the Town a written
notice, stating that at a time and place specified therein, it will
assess the expense of such removal against such property. Such notice
shall be served at least eight days previous to the time specified
therein. If directed against a corporation, it may be served upon
the corporation at its principal place of business, upon an agent
of the corporation within the Town or upon the Secretary of State.
Notice served upon the Secretary of State shall be served at least
12 days previous to the time specified therein. At the time and place
so specified, the Town Board shall hear the parties interested and
shall thereupon finally determine the assessment, stating therein
the name of each owner and the amount so assessed. The amount so assessed
shall constitute a lien on the real property on which it is levied
until paid or otherwise cancelled pursuant to law and shall be collected
in the manner fixed by law for the collection of Town taxes.
T.
Application procedure.
(1)
An application for approval of a wireless communication services facility shall be submitted on the relevant forms for special use permit and site plan approval. Site development plan approval by the Planning Board in accordance with Article IX of this chapter shall be required.
[Amended 6-14-2006 by L.L. No. 4-2006]
(2)
The operator of the wireless communication service
shall submit a copy of a license issued by the Federal Communications
Commission and shall demonstrate to the satisfaction of the Planning
Board that there is a compelling public need for such facility at
the proposed location. Such demonstration shall include the preparation
of existing and master effective service area plans which:
(a)
Minimize the number of such facilities within
the service area(s);
(b)
Maximize collocation and shared use of existing
facilities;
(c)
Identify all existing and proposed wireless
communication facilities, including the location, height and operations
characteristics of said existing and proposed wireless communication
facilities, which impact upon the service area covering the Town of
Ramapo and shall identify all proposed and other functionally acceptable
locations for such facilities;
(d)
Include a two-to-five-year plan for the provision
of additional facilities in and adjacent to the Town, indicating whether
each proposed facility is for initial coverage or capacity building
purposes, showing proposed general locations or areas in which additional
facilities are expected to be needed; and
(e)
Analyze feasible alternatives to reasonably
minimize the visual impacts and exposure levels.
(3)
Any application for a wireless communication
services facility shall include a statement that the Town's Existing
Facilities Inventory has been reviewed and, to the extent relevant
to provide wireless communication service in the area which is the
subject of such application, that all reasonable efforts have been
made to collocate such facility on all sites identified in such Existing
Facilities Inventory and all other existing sites within the service
area.
(4)
As a condition of special use permit approval,
the applicant shall be required to provide a written agreement, in
recordable form suitable for filing and prepared to the satisfaction
of the Town Attorney, acknowledging that it shall be required to allow
the collocation of other future wireless communication service facilities
unless otherwise unreasonably limited by technological, structural
or other engineering considerations.
[Amended 6-14-2006 by L.L. No. 4-2006]
(5)
As a condition of special use permit approval, the applicant shall be required to provide a written agreement by the owner of the property on which the wireless communication services facility is to be located, in recordable form suitable for filling and prepared to the satisfaction of the Town Attorney, authorizing the Town and any contractors selected by it to enter upon such property pursuant to Subsection S(2) of this section without liability for trespass or other damages.
[Amended 6-14-2006 by L.L. No. 4-2006]
(6)
Where collocation of a wireless communication
services facility is proposed for any such alternative site identified
on the Existing Facilities Inventory or other existing site within
the service areas, the added wireless communication services facility
shall be permitted, as an amendment to the existing special use permit
for such alternative site, by submission of an application for a building
permit and without the need for an application for an amended special
permit or site plan approval, provided that such facility meets all
of the otherwise applicable requirements of this section and of any
special permit and site plan approval previously granted for such
alternative site. An amended written narrative and certification report
indicating conformance with all of the special permit standards and
conditions of site plan approval shall be provided in addition to
all required information in support of the required building permit.
An as-built drawing of the modified facilities shall be filed with
the Director of Building, Planning and Zoning.
[Amended 6-14-2006 by L.L. No. 4-2006]
(7)
The applicant and all future owners of the premises
and the wireless communication services facility shall at all times
keep on file in the office of the Clerk of the Planning Board the
name, address and telephone number of the owner and operator of such
facility and of at least one individual who shall have authority to
arrange for the maintenance of the premises and facility and who shall
be authorized to accept service of notices and legal process on behalf
of the owner and operator(s) of the premises and facility and to bind
the owner to any settlement, fine, judgment or other disposition (other
than incarceration) which may result from any civil or criminal action
or proceeding instituted by the Town against such owner and/or operator(s).
The standards for adult student housing shall
be as follows:
A.
The housing must be accessory to and on the same site
as an approved postsecondary educational institution.
B.
Married students and faculty must be full time and
the duration of residency shall be limited to the period of full-time
study or teaching. If a person ceases to be eligible for occupancy,
said person and family must vacate his/her dwelling unit within 30
days.
C.
The gross density shall not exceed 16 units per acre.
D.
The minimum lot size shall be four acres and the maximum
lot size shall not exceed 12 acres.
E.
The project must be located on an already existing
lot which meets the lot size requirements or on a lot created by subdivision
from a larger existing lot and may not be the result of the combination
of existing lots which separately fail to meet the lot size requirements.
Upon creation of a lot for an adult student housing project, no further
subdivision shall be permitted of any lot to create another site for
adult student housing.
[Amended 6-14-2006 by L.L. No. 4-2006]
F.
The duration of a student's residency shall not exceed
six years unless extended by the Planning Board for good cause upon
written request. Good cause shall include, but not be limited to,
a longer period of full-time study consistent with recognized religious
practice or belief.
G.
Fifty percent of the dwelling units shall be either
one- or two-bedroom units. The remaining 50% of the dwelling units
may be three- or four-bedroom units. No more than 10% of the dwelling
units may be occupied by faculty.
H.
The educational institution must occupy at least 10%
of the project site.
J.
It shall be the duty of the owner and occupant (student
or faculty) to jointly file a certification with the Building Inspector
indicating compliance with this section's requirements relating to
the status of all occupants of each dwelling unit. Such certification
shall be filed no later than January 31 of each year. Failure to file
such certification shall be reported to the Planning Board which may
revoke the approval after a public hearing.
K.
The project must comply with Chapter 144, Fire Prevention, of the Code of the Town of Ramapo. All buildings must be fully alarmed and sprinklered.
L.
The units shall not be occupied by anyone other than
adult married students, faculty members, spouses and minor children
of married students and faculty.
M.
If the postsecondary educational institution is discontinued,
the approval for adult student housing shall automatically cease.
The dwelling units must be vacated within six months of the discontinuance.
N.
All applications shall be required to identify all
similar adult student housing projects within a one-half-mile radius
measured from the edges of the property. If within this area the total
acreage of similar facilities together with the proposed project exceeds
3% of the surrounding area, the Planning Board shall decline to issue
an approval if it determines that the application shall detrimentally
impact the character of the area. In making such determination, the
Board shall consider whether the proposed use will be of a location,
size and character that it will be in harmony with the appropriate
and orderly development of the area and not be detrimental to the
site or nearby properties in accordance with the zoning classification
of such properties.
O.
The minimum distance between buildings shall be 20
feet.
P.
The maximum building height is 35 feet.
Q.
Central refuse collection areas shall be located for
the convenience of all dwelling units. They shall be supplied with
an adequate number and type of covered receptacles and shall be provided
with proper screening and maintenance. Such areas shall not be located
in the required front yard.
R.
There shall be provided on site a minimum of 100 square
feet per dwelling unit of usable outdoor recreation area. Such recreation
area(s) shall include playground equipment and/or other recreational
facilities as determined by the Planning Board and shall be located
in a safe and convenient location on the site.
S.
The project shall be suitably landscaped with perimeter,
foundation, parking lot and building plantings as required by the
Planning Board.
T.
The project shall provide a separate and divided bus
stop located on site along the street access which may be within the
required front yard. The bus stop must be designed to ensure safe
pickup and dropoff of children and to minimize impact on traffic flow.
This requirement is subject to approval of the respective highway
and school jurisdictions.
[Amended 6-14-2006 by L.L. No. 4-2006]
U.
The project must undergo architectural review by the
Community Design Review Committee.
V.
No outside catering for nonresidents shall be permitted
in the postsecondary educational institution. The postsecondary educational
institution shall not contain commercial kitchen facilities.
W.
All projects shall provide proper access for fire-fighting
and emergency equipment and vehicles and shall provide hydrants in
such number and location and with such water pressure as may be approved
by the Planning Board based upon the recommendation of the Building
Inspector and Fire Department.
X.
All projects shall be connected to public water and
sewer systems.
Y.
No structure shall be located within 500 feet of abutting
land within a village which is residentially zoned at a density of
one dwelling unit per acre or less dense zoning districts. However,
this requirement shall not apply to any land within the unincorporated
area of the Town which was previously within a village, but which
was removed from the village as the result of court order or intermunicipal
agreement.
Z.
A certificate of occupancy for the educational institution
must be issued prior to the issuance of a certificate of occupancy
for any residential buildings.
Schools of general and religious instruction
are subject to the following requirements:
A.
General requirements.
(1)
There shall be provided on the site a recreation
area of 30 square feet per student which shall include such recreational
facilities as determined by the Planning Board and shall be located
in a safe and convenient location on the site;
(2)
Bus access shall be provided on site and must
be designed to ensure the safe pickup and dropoff of children and
to minimize impact on traffic flow;
(3)
The project shall be suitably landscaped with
perimeter, parking lot and building plantings as required by the Planning
Board;
(4)
All projects shall provide proper access for
fire-fighting and emergency equipment and vehicles;
B.
Student size.
(1)
In the R-15, R-15A, R-15C and R-15MR Zoning
Districts, schools with a student population of 150 students or less
are subject to the bulk requirements of Use Group "s-1";
(2)
In the R-15, R-15A, R-15C and R-15MR Zoning
Districts, schools with a student population in excess of 150 students,
are subject to the bulk requirements of Use Group "s-1" except the
minimum lot area is doubled;
(3)
In the R-25, R-35, and R-40 Districts, all schools
regardless of student size are subject to the requirements of Use
Group "e-1." In the RR-50, RR-80 and RR-160 Districts, all schools
regardless of student size are subject to the requirements of Use
Group "e."
In the R-15MR District, the following requirements
apply:
A.
Townhouses and garden apartments:
[Amended 6-14-2006 by L.L. No. 4-2006]
(1)
The minimum size for the development shall be
15 acres.
(2)
The maximum density shall be 11 units per acre.
(3)
The development may consist of townhouses or
garden apartments.
(4)
At least 5% of the land area must be dedicated
for common open space.
(5)
All common areas must be maintained by a homeowners'
association. The requirements pursuant to § 376-43G are
incorporated herein.
(6)
The minimum distance between buildings shall
be 25 feet.
(7)
No structure shall be closer than 20 to from
the pavement edge on interior roadways.
(8)
No more than 14 units may be linked together.
(9)
All bulk requirements shall be applied to the
entire townhouse and garden apartment development being proposed and
as a whole and not individual lots.
(10)
All interior roadways are to be maintained by
the homeowners' association.
B.
Two-family conversions:
(1)
Applicant cannot receive a permit unless lot
is located as a part of a previously approved subdivision which has
been developed as a townhouse or garden apartment development.
(2)
Applicant, as a condition of approval, must
comply with the New York State Uniform Fire Protection and Building
Code.
[Amended 1-25-2012 by L.L. No. 1-2012]
(3)
Applicant, as a condition of approval, shall
submit a landscaping plan.
[Added 1-25-2012 by L.L. No. 1-2012]
[Added 11-25-2013 by L.L. No. 7-2013]
Country inn facilities may be permitted in accordance with the
following conditions:
A.
The number of residential units in the inn should be limited to six
per acre.
B.
The inn and related facilities shall comply with the New York State
Fire Prevention and Building Code.
C.
Restaurants serving guests of the inn, the general public or groups
attending a catered, social function at the inn, provided that no
music or other sound shall create an unreasonable noise as defined
in the Noise Pollution Control Law of the Town of Ramapo[1] after 10:00 p.m.
D.
An inn office and lobby is permitted.
E.
Parking as set forth in § 376-31, Column F, No. 23.
F.
Permits are to be granted by the Planning Board subject to inspections
of the Building Inspector.
G.
Buildings. As it is the expressed purpose of this section to encourage
the appropriate use and maintenance of existing building(s) of architectural
or historical significance to the Town, the principal uses permitted
in this section shall, to the maximum extent practicable, be located
within the existing building(s) on the site. The Planning Board may
permit the expansion of the existing building or construction of new
buildings. The building coverage for all principal and accessory buildings
shall not exceed that permitted in the zoning district in which the
site is located.
H.
Visual quality. The architectural style and siting of any additions
to the existing building(s) as well as new construction shall be of
the type and scale that complements the existing architectural style.
Appropriate landscaping and other screening shall be provided to prevent
lighting on the site from lampposts, headlights or other light sources
from shining directly on adjacent residential properties. Existing
building and grounds features should be preserved to the maximum extent
feasible.
I.
All vehicles, trucks, tractors, machinery and equipment for the operation
and maintenance of the country inn, and related facilities, should
be stored indoors or in a designated area buffered from other activities.
J.
Parking may consist of a combination of dedicated parking spaces
and special event parking, as well as a minimum of two spaces for
parking of tour buses.
[Added 11-9-2022 by L.L. No. 7-2022]
A.
All buildings and related uses of land within the MU-3 Zoning District
are subject to conceptual development special permit (CDSP) approval
from the Town Board and to site development plan approval and review
by the Town Planning Board pursuant to this chapter.
B.
Approval of a CDSP shall require compliance with the following conditions:
(1)
All uses and facilities shown on the approved conceptual development
plan (CDP) shall be used and operated by the owner of the project
site or by an entity or entities having common underlying ownership
with, or that is or are controlled by, such owner. No facilities shall
be leased to unaffiliated third parties.
(2)
The gross floor area dedicated to residential use shall have
a minimum floor area ratio (FAR) of 0.05 and a maximum FAR of 0.125
based on net lot area of the project site shown on the CDP approved
by the Town Board special permit.
(3)
The overall development density, inclusive of residence use,
shall not exceed a FAR of 0.25 based on net lot area of the project
site.
(4)
Residential uses may include multifamily dwellings in one or
more configurations.
(5)
The development shall comply with the following development
standards:
(a)
The minimum distance between detached buildings shall be 30
feet or the minimum separation required by the New York Uniform Fire
Prevention and Building Code (Uniform Code), whichever is greater.
(b)
On-site recreation and open space shall be provided for residents
of the development.
(c)
There shall be provided a safe and convenient system of drives,
service access roads, and walks with due consideration given in planning
such facilities to such items as handrails and ramps. Such facilities
shall be adequately lighted, and said lighting shall not be directed
on adjacent streets or properties.
(d)
All parking areas, driveways, recreation areas, and refuse collection
areas shall be no closer than 10 feet to any lot line. The requirement
that prohibits parking in required yards (§ 376-71A) may
be waived by the Planning Board as part of a site plan approval, upon
submission of a waiver request with justification that is deemed acceptable
by the Planning Board.
(e)
Any swimming pool, tennis court, basketball court, or other
fixed recreational amenity shall not be located within any required
yard or required setback.
(f)
Site access shall be from a state or county road.
(g)
For purposes of this section, the term "project site" shall
mean that portion of the project site within the Town of Ramapo. The
project site may be comprised of one or several contiguous tax lots
under common ownership and shall have a total minimum gross lot area
of 200 acres. Except as otherwise noted herein, lot area, lot width,
street frontage, setbacks, and yards shall apply to the entire project
site. Development coverage and FAR shall be based on the net lot area
of the entire project site as computed in accordance with § 376-42A.
(h)
Refuse and recycling collection areas for residential uses shall
be separate from collection areas designated for nonresidential uses.
Central refuse collection areas shall be located for the convenience
of all residential units. All collection areas shall be properly designed
to accommodate the refuse and recycling materials produced by the
anticipated uses, provide convenient access, avoid conflict with other
uses on the site, and be appropriately screened within an enclosed
gated structure.
(i)
All buildings and structures shall utilize earth-toned colors
and natural materials to minimize visibility from off-site locations.
(6)
In the MU-3 Zoning District, the maximum height of any building
shall be 45 feet, provided, however, that as part of CDSP approval,
the Town Board may permit additional building height where it finds
that such additional height, in the context of the development of
a project site pursuant to site-specific building envelope controls,
furthers the Town's interests in reducing impacts on the environment,
including, but not limited to, environmentally sensitive areas, and
i) reduces development coverage, and ii) mitigates visual impacts
of the proposed development on surrounding properties and viewsheds
to a greater extent than a plan restricted to the conforming building
height.
(a)
A conceptual development plan consistent with the bulk regulations
of the MU-3 Zoning District, including the forty-five-foot maximum
building height, referred to herein as the "base height plan," shall
be provided which reasonably attempts to accomplish the project sponsor's
objectives and which shall serve as the baseline for the Town Board's
consideration of any alternate conceptual development plan that allows
increased building height. The base height plan must conform to all
dimensional requirements for the MU-3 Zoning District and to the applicable
dimensional requirements of the site development plan regulations
and the subdivision regulations of the Town. The base height plan
may not be dependent upon variances from, or waivers of, the said
Code or regulatory requirements. The base height plan shall consist
of the following drawings, all prepared in accordance with the Town's
site development plan regulations:
[1]
Planimetric Site Layout Sheet (Sheet 1);
[2]
Grading, Drainage and Utilities Plan Sheet (Sheet
2); provided, however, that information as to drainage and utilities
may be omitted; and
[3]
Drawings depicting the masses (height, width, depth)
of all buildings proposed for the site. Architectural details such
as variations of facade walls, fenestration, door placements, etc.,
shall not be required for these drawings.
(b)
The Town Board may approve an additional building height plan
that allows a maximum building height above the maximum allowed by
the MU-3 bulk regulations if the applicant demonstrates that the following
standards apply:
[1]
Compared to the base height plan, there is no increase
in floor area ratio.
[2]
The maximum increase in permitted height for a
building within the building envelope allowed in the CDSP will be
no more than one foot for every three feet separating the nearest
point of the building and the nearest lot line, and in any event may
not exceed 75 feet.
[3]
The increased building height does not violate
the MU-3 ridgeline protection requirements.
[4]
The highest rooftop elevation allowed by the additional
building height plan will not be higher than the highest rooftop elevation
of the base height plan.
[5]
The overall development coverage to be achieved
by increasing height must be at least 10% less than the base height
plan. The project shall maintain a minimum of 50% of the gross lot
area of the subject property as deed restricted open space, which
the Town Board may, to the extent feasible, require to be consolidated
during the CDSP process, to protect environmentally sensitive areas
and to provide contiguous areas of habitat.
[6]
All buildings benefiting from increased height
must contain at least one level, but not more than two levels, of
interior parking within the footprint of the respective building;
provided, however, that this parking level requirement shall not apply
to any building consisting of a single level with uninterrupted interior
volume.
[7]
A minimum setback of 200 feet shall be provided
between structures greater than 45 feet and the front property line.
[8]
The applicant demonstrates to the Town Board, by
means of a visual impact analysis or other means acceptable to the
Town Board, that the siting of the increased height buildings mitigates
visual impacts of the proposed development on surrounding properties
and viewsheds to a greater extent than a plan restricted to the conforming
building height.
[9]
The Town Board shall also consider the potential
visual and shadow impacts of any increased height building on nearby
off-site structures.
(7)
All developments shall be suitably landscaped and designed to
accommodate pedestrian access. Sidewalks are permitted to be located
in the required front yard and front setback.
(8)
All buildings shall be served by public water service.
(9)
All buildings shall be served by municipal sewer service or
an on-site sanitary sewer system approved by the regulatory agency
with jurisdiction over such system.
(10)
All buildings shall be fully alarmed, with connection to a central
alarm system, and sprinklered in accordance with the Fire Code of
New York State.
(11)
The following uses shall be permitted as part of an integrated
mixed-use development. All uses are intended for residents and employees
of the integrated mixed-use development:
(a)
Offices.
(b)
Residences.
(c)
Warehouses.
(d)
Audio and/or video recording studios.
(e)
Visitor centers.
(f)
Central energy plants, which may include a battery energy storage
system.
(g)
Lobby and reception areas.
(h)
Event spaces for assembly and dining for exclusive use by residents,
occupants, and visitors to the integrated mixed-use development.
(i)
Maintenance workshops.
(j)
Parking garages and structures.
(k)
Fitness and recreation buildings and areas.
(l)
Religious and institutional uses.
(m)
Media production facilities.
(12)
Ridgeline protection. Development within the MU-3 Zoning District
shall preserve ridgeline areas. Ridgeline areas are defined herein
as the vertical height of a hill or mountain above a minimum elevation
of 800 feet above mean sea level. No structures shall have footings
above a base elevation of 800 feet above mean sea level. Further,
the finished height of a structure with footings below 800 feet shall
not protrude above 800 feet.
 |
 |
C.
Review procedures for CDSP approval. An application for CDSP approval
shall be submitted to the Town Board and shall include the following:
(1)
A statement of the objectives to be achieved by the proposed
project.
(2)
A legal description of the property(ies) involved, together
with a survey signed and sealed by a licensed New York State surveyor.
Such survey shall include property lines and measurements, tax lot
designation(s), street designations, easements, existing structures,
locations of utility lines and connection points, curb cuts, site
topography, and a North arrow, and such other features as the Town
Board deems appropriate to an understanding of existing conditions
on the site.
(3)
A zoning compliance table showing the zoning criteria required
for the site and the proposal's compliance with such criteria
and/or the need for, and magnitude of, variances from such criteria.
(5)
An analysis of the existing water and sanitary sewer infrastructure
and a statement by a qualified professional as to the capacity of
that infrastructure to support the proposed project, and a description
of any infrastructure improvements that may be necessary to support
the proposed project.
(6)
A stormwater pollution prevention plan (SWPPP) that complies with the requirements of the DEC General Permit for Discharge of Stormwater from Construction Activities and Chapter 237 of the Ramapo Code. The applicant shall provide a narrative that describes any waivers from those requirements that are proposed as part of the SWPPP.
(7)
A tree clearing and grading plan, which shall also be addressed
in the proposed SWPPP.
(8)
An open space preservation plan, which shall include a narrative
explaining how the plan will protect environmentally sensitive areas
and preserve contiguous areas of habitat on the project site to the
maximum extent feasible.
(9)
A traffic impact study.
D.
No application for CDSP approval shall be deemed complete until the
lead agency under the New York State Environmental Quality Review
Act shall have issued a negative declaration or shall have accepted
a draft environmental impact statement for public comment with respect
to the action that includes the proposed CDSP.
E.
Together with approval of a CDSP, the Town Board may authorize tree clearing within the limits of disturbance allowed by the CDSP where it finds doing so prior to approval of a site development plan by the Planning Board would allow the coordination of site development activities in a manner that would i) avoid, minimize or mitigate any associated environmental impact, and ii) allow the site to be developed in a coordinated manner that would reduce the duration or extent of construction activities on the site. The applicant must demonstrate to the satisfaction of the Town Board and the Town's consulting engineer that restrictions on the period of time when tree clearing would be permitted would otherwise prevent the overall site from being developed in a coordinated and efficient manner. Prior to conducting any tree clearing activities the applicant shall provide a restoration bond in such amount as the Town Board deems necessary to ensure that all disturbed areas will be restored, and such approved tree clearing activities must be addressed in the stormwater pollution prevention plan approved by the MS4 and filed with the DEC, and shall, as a condition of approval, be subject to applicable MS-4 regulations and the applicable requirements of Chapter 237 of the Ramapo Code.
F.
The Town Board may approve a CDSP subject to subsequent site development
plan approval by the Planning Board. Any site development plan approved
by the Planning Board must be consistent with the approved CDSP. The
Planning Board's review of a site development plan based on an
approved CDSP shall be limited to those details and elements of the
site development plan not specifically addressed in the approved CDSP.
To the extent that a site development plan includes project modifications,
changed circumstances or new information about relevant environmental
impacts not addressed or inadequately addressed in the record before
the Planning Board, that Board shall review the changes in accordance
with SEQRA.
