A.
Pursuant to the provisions of the Municipal
Home Rule Law, the Town Board reserves the approval authority for
special permits for uses identified as such in Column D of § 376-31,
Use Table. Such uses represent such diverse benefits and impacts on
local land uses as to preclude specific descriptions and standards
for their approval. The Town Board, in considering any application
for a special permit hereunder, shall exercise such discretion re
served for legislative matters so as to ensure that the public health,
welfare and safety are protected and the environmental and land resources
of the Town are most efficiently utilized.
B.
Applications for special permits pursuant to
this section shall be upon forms prescribed by the Town Board and
shall contain the information required in the rules and regulations
adopted pursuant to this chapter.
C.
Fees for special permit applications and for
appeals before the Town Board shall be in accordance with the Standard
Schedule of Fees of the Town of Ramapo.
A.
An applicant for a special permit shall, simultaneously
with the filing of any application with the Town Board, file an application
for site development plan approval with the Director of Building,
Planning and Zoning, together with appropriate plans, drawings and
fee for site development plan review. Thereafter, and before the Town
Board shall give any consideration to or review the application for
such special permit, the Director of Building, Planning and Zoning
shall refer said site development plan application to the Community
Design Review Committee which shall review the application for the
purpose of preliminary site development plan review and in light of
the general considerations herein and specific standards herein for
special permits. Thereafter, the Community Design Review Committee
shall transmit its recommendations to the Town Board within 30 days.
B.
The Town Board, upon receipt of the report by
the Committee, shall, within 45 days, conduct a public hearing and
within 45 days thereafter render its decision, unless the applicant
waives the time requirements of this section.
C.
The Town Board, in approving any special permit
hereunder, shall require conformance with any supplementary requirements
applying to such uses generally and may establish such other conditions
or limitations upon the use, or characteristics of the use, which
are reasonably related to the public health, safely and general welfare
and as may be necessary to carry out the intent of this chapter. The
decision of the Town Board shall be filed in the office of the Town
Clerk and a copy thereof mailed to the applicant. Thereafter, the
applicant will proceed with site development plan approval before
the Planning Board.
D.
Unless specifically authorized in the decision
of the Town Board, no requirement or conditions of such special permit
shall be subject to appeal before the Board of Appeals.
E.
Requirements or conditions imposed by this chapter
for any special permit use shall not be waived or reduced by the Town
Board and shall be considered to be the minimum requirements for any
authorization hereunder, except that the Town Board may authorize
further application and action by the Board of Appeals. Special permits
shall be deemed to be indefinite authorization unless otherwise specified
in the approval thereof but, in any case, shall expire within 18 months
of the date of approval unless a building permit has been issued for
the special permit use. Such period may be extended on separate application
to the Town Board.
F.
The grant of special permits for the uses indicated may be conditioned on periodic renewal, which renewal may be granted following application, public notice and hearing and may be withheld upon determination that conditions, as may have been identified in the original grant requiring that the use be of temporary duration, now necessitate cessation of such use or imposition of additional or supplemental safeguards or conditions, or that the original conditions as may have been prescribed for such special permit have not been or are not being complied with, wholly or in part. Notices of violation pursuant to Article XIV shall be a prima facie evidence of lack of conformity with such standards or conditions.
A public parkland preservation development shall
be subject to the following standards:
A.
The minimum size for the site shall be 500 acres.
B.
The development may consist of single-family
detached residences, townhouses or a combination thereof.
C.
The project must be built as cluster development(s) pursuant to § 376-43 but subject to Subsection F below.
D.
At least 80% of the land area must be dedicated
as public parkland.
E.
The Town Board, as a condition of approval,
may require that up to 10% of the dwelling units be occupied by moderate
income households as determined by the Department of Housing and Urban
Development.
F.
The number of permitted residences shall not
exceed the total acreage of the site less wetlands, 50% of the site's
steep slopes (over 25%), and all watercourses and floodplains (100%)
multiplied by 43,560 (square feet/acre) and divided by 40,000 with
no double counting of overlapping areas.
G.
Off-street, barrier-separated school bus stops
will be required to promote safe and efficient circulation.
The standards for active adult housing developments
shall be as follows:
A.
No dwelling unit shall contain more than two
bedrooms, except that one dwelling unit for each superintendent may
be provided which shall consist of no more than three bedrooms.
B.
Except for the superintendent and his family,
the occupancy of an active adult housing development shall be limited
to owners or lessees, at least one of whom is 45 years of age or older.
Any other occupant must be at least 18 years of age.
C.
The density shall not exceed 12 units per acre.
D.
The development coverage shall not exceed 65%
including buildings, walks, parking areas and driveways. Parking areas
above the ground floor, if any, within a building shall not be counted
in computing said coverage.
E.
The maximum building height shall be 40 feet
or three stories, whichever is less.
F.
The minimum distance between detached buildings
shall be 30 feet.
G.
Suitably equipped and adequately maintained
recreation and open space shall be provided. Group sitting areas shall
be well-defined by walls, fences, hedges or other plantings designed
to impart a sense of containment or security and to provide group
privacy.
H.
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.
I.
Central refuse collection areas shall be located
for the convenience of all units. They shall be supplied with an adequate
number and type of covered receptacles in an enclosed gated structure
and shall be provide with property screening and maintenance.
J.
All parking areas, driveways, recreation areas
and refuse collection areas shall be no closer than 10 feet to any
building or lot line, and any swimming pool shall be no closer than
30 feet to any building and 50 feet to any lot line. The requirement
which prohibits parking in required yards (§ 376-71A) may
be waived by the Planning Board.
K.
The required side and/or rear yard may be decreased
to 10 feet where abutting another residential specialized housing
development.
L.
A buffer of not less than 20 feet shall be provided.
M.
For purposes of this section, the minimum lot
area as set forth in § 376-41 shall refer to the size of
the entire site.
The standards for congregate care housing developments
shall be as follows:
A.
At least 40% of the dwelling units shall be
one-bedroom units. No dwelling unit shall contain more than two bedrooms.
B.
Except for the necessary staff and their families,
the occupancy of a congregate care housing development shall be limited
to individual men and women 60 years of age or above or married couples
60 or above in which one of the partners is at least 60.
C.
Within the congregate care housing development,
certain related ancillary facilities maybe permitted, either in a
separate building or in combination with dwelling units, such as cafeterias,
formal dining rooms, family dining areas, self-service laundries,
lounges, exercise rooms, game rooms, arts and crafts workshops, libraries,
music rooms, auditoriums/social halls, meeting rooms for residents
and offices for visiting governmental agencies, housekeeping services
and transportation service, only to the extent that they meet the
needs of the occupants of the development. Such facilities shall be
subordinate to the residential character of the development and shall
be located out of public view, with no outside advertising. Such facilities
shall be expressly approved by the Town Board. Approval of a special
permit and site development plan for dwelling units in a congregate
care housing development in no way constitutes approval for installation
of any related facility.
D.
The gross density shall not exceed 12 units
per acre.
[Amended 6-14-2006 by L.L. No. 4-2006]
E.
The maximum development coverage shall not exceed
65% including buildings, walks, parking areas and driveways. Parking
areas above the ground floor, if any, within a building shall not
be counted in computing said coverage
F.
The building height shall be determined by the
Town Board at the time of special permit approval, but in no event
shall exceed 45 feet.
G.
The minimum distance between detached buildings
shall be no less than the height of the tallest building.
H.
Suitably equipped and adequately maintained
recreation and open space shall be provided. Group sitting areas shall
be well-defined by walls, fences, hedges or other plantings designed
to impart a sense of containment or security and to provide group
privacy.
I.
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, grab
bars, walking trails and ramps. Such facilities shall be adequately
lighted, and said lighting shall not be directed on adjacent streets
or properties.
J.
The outside storage of refuse, if permitted,
shall be in rodent-proof containers and shall be provided with proper
screening and maintenance.
K.
All parking areas, driveways, recreation areas
and refuse collection areas shall be no closer than 25 feet to any
building or lot line, and any swimming pool shall be no closer than
30 feet to any building and 50 feet to any lot line. Such areas between
said facilities and lot lines shall be landscaped with suitable screening.
The requirement which prohibits parking in required yards (§ 376-71A)
may be waived by the Planning Board.
L.
The required side and/or rear yard may be decreased
to 10 feet where abutting another residential specialized housing
development.
M.
All developments shall provide proper access
for fire-fighting equipment and personnel and shall provide hydrants
in such number and location and with such water pressure as may be
determined adequate and approved by the Planning Board, based upon
the recommendation of the Building Inspector and Fire Department having
jurisdiction.
N.
All developments shall be connected to public
sewer systems in accordance with standards approved by the Town Engineer.
O.
Buildings shall be constructed in compliance
with the New York State Uniform Fire Prevention and Building Code
and shall include the following minimum safety standards for its guests
and residents:
(1)
All doors shall be of sufficient width to accommodate
wheelchairs.
(2)
All dwelling units and communal facilities shall
be adaptable for use by nonambulatory persons.
(3)
Wherever steps are located, ramps or elevators
shall be provided for the physically handicapped as required.
(4)
Emergency signal facilities shall be provided
in each dwelling unit, located three to four feet above floor level,
and shall register a signal at a central location(s) to permit twenty-four-hour-a-day
monitoring.
(5)
Toilet facilities located within individual
dwelling units shall be adaptable for the installation and utilization
of grab bars.
(6)
Grab bars shall be located around all tubs and
showers. Such grab bars shall be of the same size and height as required
by the New York State Uniform Fire Prevention and Building Code for
toilet facilities.
(7)
All floor surfaces shall be nonskid.
(8)
Central heating and air conditioning shall be
individually adjustable for each dwelling unit.
The standards for assisted living housing developments
shall be as follows:
A.
At least 40% of the dwelling units shall be
one-bedroom units. No dwelling unit shall contain more than two bedrooms.
B.
Except for the necessary staff and their families,
the occupancy of a assisted living housing development shall be limited
to individual men and women 60 years of age or above or married couples
60 or above in which one of the partners is at least 60.
C.
Within the assisted living housing developments,
certain related ancillary facilities maybe permitted, either in a
separate building or in combination with dwelling units, such as cafeterias,
formal dining rooms, family dining areas, self-service laundries,
lounges, exercise rooms, game rooms, arts and crafts workshops, libraries,
music rooms, auditoriums/social halls, meeting rooms for residents
and offices for visiting governmental agencies, housekeeping services
and transportation service, only to the extent that they meet the
needs of the occupants of the development. A medical infirmary staffed
by a registered nurse on a twenty-four-hour basis must be provided.
Such facilities shall be subordinate to the residential character
of the development and shall be located out of public view, with no
outside advertising. Such facilities shall be expressly approved by
the Town Board. Approval of a special permit and site development
plan for dwelling units in an assisted living housing development
in no way constitutes approval for installation of any related facility.
D.
The gross density shall not exceed 12 units
per acre.
E.
The maximum development coverage shall not exceed
60%.
F.
The building height shall be determined by the
Town Board at the time of special permit approval, but in no event
shall exceed 45 feet.
G.
The minimum distance between detached buildings
shall be no less than the height of the tallest building.
H.
Suitably equipped and adequately maintained
recreation and open space shall be provided. Group sitting areas shall
be well-defined by walls, fences, hedges or other plantings designed
to impart a sense of containment or security and to provide group
privacy.
I.
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, grab
bars, walking trails and ramps. Such facilities shall be adequately
lighted, and said lighting shall not be directed on adjacent streets
or properties.
J.
The outside storage of refuse, if permitted,
shall be in rodent-proof containers and shall be provided with proper
screening and maintenance.
K.
All parking areas, driveways, recreation areas
and refuse collection areas shall be no closer than 25 feet to any
building or lot line, and any swimming pool shall be no closer than
30 feet to any building and 50 feet to any lot line. Such areas between
said facilities and lot lines shall be landscaped with suitable screening.
The requirement which prohibits parking in required yards (§ 376-71A)
may be waived by the Planning Board.
L.
The required side and/or rear yard may be decreased
to 10 feet where abutting another residential specialized housing
development.
M.
All developments shall provide proper access
for fire-fighting equipment and personnel and shall provide hydrants
in such number and location and with such water pressure as may be
determined adequate and approved by the Planning Board, based upon
the recommendation of the Building Inspector and Fire Department having
jurisdiction.
N.
All developments shall be connected to public
sewer systems in accordance with standards approved by the Town Engineer.
O.
Buildings shall be constructed in compliance
with the New York State Uniform Fire Prevention and Building Code
and shall include the following minimum safety standards for its guests
and residents:
(1)
All doors shall be of sufficient width to accommodate
wheelchairs.
(2)
All dwelling units and communal facilities shall
be adaptable for use by nonambulatory persons.
(3)
Wherever steps are located, ramps or elevators
shall be provided for the physically handicapped as required.
(4)
Emergency signal facilities shall be provided
in each dwelling unit, located three to four feet above floor level,
and shall register a signal at a central location(s) to permit twenty-four-hour-a-day
monitoring.
(5)
Toilet facilities located within individual
dwelling units shall be adaptable for the installation and utilization
of grab bars.
(6)
Grab bars shall be located around all tubs and
showers. Such grab bars shall be of the same size and height as required
by the New York State Uniform Fire Prevention and Building Code for
toilet facilities.
(7)
All floor surfaces shall be nonskid.
(8)
Central heating and air conditioning shall be
individually adjustable for each dwelling unit.
A.
No dwelling unit shall contain more than two
bedrooms, except that one dwelling unit for a superintendent may be
provided which shall consist of no more than three bedrooms.
B.
Except for the superintendent and his family,
the occupancy of a housing development for the physically handicapped
shall be limited to single persons who qualify as physically handicapped
under present, future or amended definitions of the governmental agency
providing subsidy or support to the project (Federal Department of
Housing and Urban Development, New York State Division of Housing
and Community Renewal or similar or successor agencies of the federal
or state government) or to families, the head of which so qualifies,
except that occupancy of a dwelling unit by a family, the head of
which is not physically handicapped, shall be permitted if it is established
that the presence of such person is essential for the physical care
of an eligible occupant.
C.
Within the housing development, certain related
accessory facilities may be permitted, either in a separate building
or in combination with dwelling units, such as cafeterias, self-service
laundries, lounges, game rooms, workshops or medical infirmaries,
only to the extent that they meet the needs of the occupants of the
development. Such facilities shall be subordinate to the residential
character of the development and shall be located out of public view
with no exterior advertising. Such facilities shall be expressly approved
by the Town Board. Approval of a special permit and site development
plan for dwelling units in a housing development for the physically
handicapped in no way constitutes approval for installation of any
type of related facility.
D.
The gross site density shall not exceed 10 units
per acre.
E.
The maximum building height shall be 15 feet
or one story.
F.
The minimum distance between detached buildings
shall be 1 1/2 times the taller building.
G.
Suitably equipped and adequately maintained
recreation and open space shall be provided. Group sitting areas shall
be well-defined by walls, fences, hedges or other plantings designed
to impart a sense of containment or security and to provide group
privacy.
H.
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 the needs of the physically handicapped;
such facilities shall be adequately lighted, and said lighting shall
not be directed on adjacent streets or properties.
I.
Facilities for refuse disposal shall be provided
for all dwelling units. Central collection areas shall be maintained
and conveniently located for all groups of units. The collection areas
shall be properly screened and supplied with all covered receptacles
required for tenant use.
J.
All parking areas, driveways, recreation areas
and refuse collection areas shall be no closer than 10 feet to any
building or lot line, and any swimming pool shall be no closer than
30 feet to any building and 50 feet to any lot line; these dimensions
may be reduced by the Planning Board upon site plan approval where
local conditions warrant. Such areas between said facilities and lot
lines shall be landscaped with suitable screening.
K.
The front yard depth may be reduced by the Planning
Board upon site development plan approval where local conditions warrant
and substitute measures are provided for the protection of neighboring
properties.
[Added 5-25-2005 by L.L. No. 3-2005]
The standards for active adult senior citizen
housing developments within the LO Zoning District shall be as follows:
A.
The development shall be subject to the review and approval procedures set forth in Article XVI, Town Board Special Permits.
B.
No dwelling unit shall contain more than two
bedrooms, except that one dwelling unit for each superintendent may
be provided which shall consist of no more than three bedrooms.
C.
Except for the superintendent and his family,
the occupancy of the housing development shall be limited to owners
or lessees, at least one of whom is 55 years of age or older. Any
other occupant must be at least 18 years of age.
D.
The density shall not exceed 12 units per acre.
E.
The development coverage shall not exceed 65%,
including building, walks, parking areas and driveways. Parking areas
above the ground floor, if any, within a building shall not be counted
in computing said coverage.
F.
The maximum building height shall be 40 feet
or three stories, whichever is less.
G.
The minimum distance between detached buildings
shall be 30 feet.
H.
Suitably equipped and adequately maintained
recreation and open space shall be provided. Group sitting areas shall
be well defined by walls, fences, hedges or other plantings designed
to impact a sense of containment or security and to provide group
privacy.
I.
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.
J.
Central refuse collection areas shall be located
for the convenience of all units. They shall be supplied with an adequate
number and type of covered receptacles and shall be provided with
proper screening and maintenance.
K.
All parking areas, driveways, recreation areas
and refuse collection areas shall be no closer than 10 feet to any
building or lot line, and any swimming pool shall be no closer than
30 feet to any building and 50 feet to any lot line. The requirement
which prohibits parking in required yards (§ 376-71A) may
be waived by the Planning Board.
L.
The required side and/or rear yard may be decreased
to 10 feet where abutting another residential specialized housing
development.
M.
A buffer of not less than 20 feet shall be provided,
except that the Planning Board may reduce and/or waive the buffer
at the time of site development plan review where, owing to topographic
or other conditions or characteristics of proposed use, there will
be no foreseeable interference with the use and enjoyment of residentially
zoned properties.
N.
Within the active adult senior citizen housing
development, certain related ancillary facilities may be permitted,
either in a separate building or in combination with dwelling units,
such as cafeterias, self-service laundries, lounges, game rooms, workshops,
or medical infirmaries, only to the extent that they meet the needs
of the occupants of the development. Such facilities shall be subordinate
to the residential character of the development and shall be located
out of public view with no outside advertising. Such facilities shall
be expressly approved by the Planning Board.
O.
The provisions for bulk requirements as set
forth under Use Group aa of the Table of Bulk Requirements[1] may be waived by the Town Board in its granting of approval
for a special permit as follows:
(1)
The lot width may be reduced to 300 feet where
the Town Board determines local conditions warrant.
(2)
The side setback and side yard may be reduced
to 15 feet where such setbacks abut another property in the LO District.
In the case of such reduction, substantial landscaping may be required
by the Planning Board at the time of site development plan review.
(3)
The total side setbacks may be reduced to 20
feet where such setbacks about properties in the LO District.
(4)
The on-site parking requirement may be reduced
to no less than 1.25 spaces per unit where the applicant demonstrates
actual parking needs are less than two spaces per unit.
[1]
Editor's Note: The Table of Bulk Requirements is included at the end of this chapter.
