Following the effective date of this chapter:
A. 
Building and use requirements. No building shall be erected, moved, altered, rebuilt or enlarged nor shall any land or building be used, designed or arranged to be used for any purpose or in any manner except in conformity with all regulations, requirements and/or restrictions specified in this chapter for the district in which such building or land is located. Unless specifically permitted in its own right, permitted as an accessory use or permitted upon special application to the Planning Board, a use is prohibited.
B. 
Yard requirements. No yard or open space required in connection with a building or use shall be considered as providing a required open space for any other building on the same or any other lot.
C. 
Lot requirements. No lot shall be formed from part of a lot already occupied by a building unless such building, all yards and open spaces connected therewith and the remaining lot comply with all requirements prescribed by this chapter for the district in which said lot is located. No permit shall be issued for the erection of a building on any new lot thus created unless such building and lot comply with all the provisions of this chapter.
D. 
Previously issued permits. Nothing contained in this chapter shall require any changes in the plans, construction or designated use of a building complying with existing law, a permit for which shall have been duly issued prior to the date of this chapter and the ground-story framework of which, including the second tier of beams, shall have been completed, in accordance with such plans as have been filed, within two years from the date of the passage of this chapter.
E. 
Referral to Orange County. Should any proposed zoning amendment, site plan, special use permit or zoning variance application consist of or include any of the following thresholds, the appropriate agency (Planning Board, Town Board or Zoning Board of Appeals) shall, prior to final action by said agency, refer the proposal to the Orange County Planning Department in accordance with §§ 239-1, 239-m and 239-n of Article 12-B of the General Municipal Law, and the agreement between Orange County and the Town of Warwick, on the form entitled "County Zoning Referral." Said thresholds include the following items:
(1) 
Adoption of a municipal land use plan or zoning regulation.
(2) 
Changes in the allowable uses and densities within any land use category or zoning district affecting 25 or more acres of land.
(3) 
Granting of use variances.
(4) 
Site plans of 50 or more residential units.
(5) 
Site plans of nonresidential facilities with more than 100,000 square feet of gross floor area.
(6) 
Structure exceeding 100 feet above original ground level.
(7) 
Placement of nonfarm development on property within an agricultural district containing a farm operation or on property with boundaries within 500 feet of a farm operation located in an agricultural district which would require the preparation of an agricultural data statement and which would involve one or more of the other referral thresholds listed in this subsection.
(8) 
Actions (unless the action is designed for the preservation of the facility or site) occurring wholly or partially within, or contiguous to any facility or site listed on the National Register of Historic Places, or any historic building, structure, or site, or prehistoric site that has been proposed by the Committee on Registers for consideration by the New York State Board on Historic Preservation for a recommendation to the State Historic Officer for nomination for inclusion in said National Register.
(9) 
Subdivisions of 50 or more lots.
(10) 
Actions which take place wholly or partially within or substantially contiguous to any critical environmental area designated by the state, county or by the Town of Warwick pursuant to the implementing of regulations of the Environmental Conservation Law found at 6 NYCRR 617.
F. 
Zoning schedules. The general requirements affecting the use of buildings, structures and land use for each of the zoning districts established by § 164-30 are hereby established and set forth in the Table of Use Requirements and the Table of Bulk Requirements,[1] which together compose the zoning schedules which follow as Subsections M and N respectively.
[1]
Editor's Note: The Table of Use Requirements and the Table of Bulk Requirements are included at the end of this chapter.
G. 
Utilization of Table of Use Requirements. The Table of Use Requirements[2] that follows indicates allowable uses in the districts shown. See Article II for definitions of use categories. Uses that are not listed are prohibited. The meaning of the symbols in the Table of Use Requirements is as follows:
P Designates a use permitted by right. Usually requires a building permit and/or a certificate of occupancy from the Code Enforcement Officer. It may require a special use permit and/or site plan approval by the Planning Board under specific circumstances.
S Designates a use allowed by special use permit, granted by the Planning Board unless otherwise indicated.
A Designates a use accessory to a use, whether permitted by right or as a special permit use, and is permitted only in conjunction with the use identified in the Table.
[2]
Editor's Note: The Table of Use Requirements is included at the end of this chapter.
H. 
Reference to Bulk Table.[3] In the Table of Use Requirements there appears a lower case letter or letters designating a use group for reference to the Table of Bulk Requirements. Accessory uses do not necessarily have respective bulk requirements; and the requirements pertaining to the principal use shall apply.
[3]
Editor's Note: The Table of Bulk Requirements is included at the end of this chapter.
I. 
Prohibited uses. Any use not identified in the Table of Use Requirements shall be deemed prohibited. Any use indicated as a special permit use by an "S" shall be deemed prohibited unless approved in a manner specified by this chapter. Without limiting § 164-40I, heavy industry, mining for fissionable materials, and the use of land for the disposal of natural gas and/or oil production byproducts are expressly prohibited in the Town.
[Amended 9-11-2003 by L.L. No. 4-2003; 2-26-2013 by L.L. No. 3-2013]
J. 
Generic descriptions. Where permitted or special permit uses are identified by generic words or descriptions, the Planning Board shall determine whether a specific use shall be construed to be part of such generic class. In making such determination, the Planning Board shall consider to what extent the proposed use is similar to the class of use indicated in the Table of Use Requirements. If a use is specifically listed elsewhere in the Table of Use Requirements, it is excluded from a generic classification.
[Amended 9-11-2003 by L.L. No. 4-2003]
K. 
Bulk Tables. The general requirements relating to the arrangement of buildings, structures and uses occupying a lot for the zoning districts established in § 164-30 are hereby established. The accompanying table, entitled "Table of Bulk Requirements," shall be part of this chapter, is referred to herein as the "Bulk Table" and shall set forth the minimum requirements relating to density and other dimensionable requirements of this chapter.
L. 
Supplemental requirements. Other sections herein contain supplemental requirements applying to bulk, setback and coverage of specified uses. Readers are encouraged to consult all sections of the chapter to determine applicable requirements.
M. 
Table of Use Requirements. The Table of Use Requirements is found at the end of this chapter.
N. 
Table of Bulk Requirements. The Table of Bulk Requirements is found at the end of this chapter.
[Amended 10-24-2002 by L.L. No. 6-2002; 2-18-2010 by L.L. No. 1-2010; 6-11-2015 by L.L. No. 2-2015; 10-27-2016 by L.L. No. 4-2016; 4-26-2018 by L.L. No. 2-2018; 2-27-2025 by L.L. No. 1-2025]
The provisions of this chapter applying to residence districts shall be subject to such exceptions, additions or modifications as are herein provided by the following supplementary regulations:
A. 
Accessory buildings.
(1) 
Location. An accessory building or structure such as a deck, pool, or dock, shall be located within and/or outside the parameters of the required side yard or rear yard, provided that:
(a) 
Such building or garage shall not exceed 1,200 square feet in floor area nor be more than 48 feet in greatest median dimension, longitudinally or transversely.
(b) 
Such building or garage shall be set back five feet from any lot line and, if separated, shall not be located less than 10 feet from the principal building. However, in those cases where the edge of a lake forms a yard lot line, accessory buildings located in such yards need not conform to the required five-foot setback.
(c) 
All such buildings or garages, in the aggregate, shall not occupy more than 30% of the area of the required rear or side yard.
(d) 
Required setbacks for sheds, pools and hot tubs accessory to a townhouse shall be a minimum of 10 feet from a residence, five feet from a property line, zero feet from a preexisting fence with a minimum height of four feet.
(e) 
The maximum size of a shed accessory to a townhouse shall be 80 square feet.
(f) 
Aboveground pools and hot tubs accessory to a townhouse shall have a maximum diameter of 18 feet and a maximum height of 52 inches.
(g) 
Aboveground pools and hot tubs between 24 and 52 inches in height shall meet New York State Building Code barrier requirements.
(2) 
Pairing. Accessory buildings constructed at the same time may be located in pairs or groups in the required rear or side yard along the common side lot line or rear lot line of contiguous lots.
(3) 
Height. An accessory building shall conform to the height regulations for principal buildings. Agricultural buildings may exceed height regulations of other buildings, but in no case shall exceed 80 feet in height.
(4) 
Front yard. No accessory building or structure, such as a deck, pool, or dock, shall be located within the minimum required front yard.
(5) 
Temporary sales office. For each subdivision that has received final plat approval by the Planning Board, there may be located a temporary office restricted to the sales of the dwellings within said approved subdivision plat. Said office may be situated within a model home or within a separate temporary office meeting the bulk regulations specified for the dwellings in said subdivision. Said office shall be permitted only during the period of active sales, but in no case longer than one year. The Planning Board may extend this period up to one additional year whenever it deems that the circumstances warrant such extension.
B. 
Corner lots.
(1) 
Visibility. Visibility at intersections shall be in accordance with § 137-19I of Chapter 137, Subdivision of Land.
(2) 
Yard designation. On a corner lot, front yards are required on both street frontages, and one yard other than the front yards shall be deemed to be a rear yard and the other or others shall be deemed to be side yards. The minimum district requirements for each shall be complied with.
C. 
Exceptions to bulk requirements.
(1) 
Depth. The required lot depth at any point may be decreased by 25% if the median lot depth conforms to the minimum depth requirement.
(2) 
Width. The required lot width along the public road frontage may be decreased by 25% if the median lot width conforms to the minimum width requirement.
(3) 
Height.
(a) 
Height exceptions. The height limitation of this chapter shall not apply to church spires, belfries, cupolas, penthouses and domes not used for human occupancy; nor to chimneys, ventilators, skylights, water tanks, bulkheads and similar features and necessary mechanical appurtenances usually carried above the roof level. Such features, however, shall be erected only to such height as is necessary to accomplish the purpose they are to serve and shall not exceed in cross-sectional area 20% of the ground floor area of the building.
(b) 
Ornamental features. The provisions of this chapter shall not apply to prevent the erection, above the building height limit, of a parapet wall or cornice for ornament (and without a window) extending above such height limit not more than five feet.
(4) 
Yards.
(a) 
Terraces. A terrace shall not be considered in the determination of yard sizes or lot coverages; provided, however, that such terrace is unroofed and without walls, parapets or other forms of enclosure. Such terrace, however, may have an open guard railing not over three feet high and shall not project into any yard to a point closer than four feet to any lot line.
(b) 
Porches. Any open or enclosed porch shall be considered a part of the building in the determination of the size of yard or lot coverage.
(c) 
Projecting architectural features. The space in any required yard shall be open and unobstructed except for the ordinary projection of windowsills, belt courses, cornices, eaves and other architectural features; provided, however, that such features shall not project more than three feet into any required yard.
(d) 
Bay windows. Bay windows, including their cornices and eaves, may project into any required yard not more than three feet; provided, however, that the sum of such projections on any wall does not exceed 1/3 of the length of said wall.
(e) 
Fire escapes. Open fire escapes may extend into any required yard not more than four feet six inches.
(f) 
Entries and porticos. A roofed-over but unenclosed projection in the nature of an entry or portico not more than eight feet wide and extending not more than six feet out from the front wall of the building shall be permitted to encroach on a required front yard. In computing the median setback in § 164-41C(4)(h) of this section, the presence of such entries and porticos shall be ignored.
(g) 
Existing setback. If two or more existing dwellings are located within 200 feet on each side of a proposed dwelling, on the same side of the street and within the same block and same district, said proposed dwelling need not have a front yard greater than the median setback of all existing dwellings so located.
(h) 
Abutting a lake. No side or rear yard is required where such abuts a lake. (However, the required minimum lot area shall not be decreased.) In the event that a yard abutting a lake is provided, it shall be at least five feet.
D. 
Residential development of lands within 2,000 feet of a New York State certified Agricultural District. Recognizing the potential incompatibility of certain agricultural procedures (namely, chemical spraying and dusting) and residential development, the following provisions shall be adhered to:
(1) 
All deeds of new residential units shall contain references to notes that shall be placed on the subdivision plat relative to the hazards and nuisances (noise, odors, hazardous chemical use, etc.) to which residents of such dwelling unit willingly subject themselves.
(2) 
Unrestricted flow of stormwater runoff from such developed property will not be allowed to drain directly into black-dirt agricultural operations. Site plans and subdivision plats must include provisions for retention/detention ponds or infiltration basins to contain such runoff.
(3) 
Buffers adjacent to actively farmed land shall be established in residential subdivisions. Said buffer strips, when required shall be no less than 30 feet in width and may be required up to a width of 100 feet, depending upon the type of agriculture or farm use, the topography and the proposed design and planting of such buffer. It shall be the responsibility of the applicant, subject to approval by the Planning Board, to provide an effective buffer that will reasonably protect adjacent residential living areas from agricultural procedures.
E. 
Solar energy. It is the policy of the Town of Warwick to encourage the use of solar energy and to remove obstacles to the use of such systems. Use of solar energy for space heating, water heating or generating electricity reduces dependence upon nonrenewable fossil fuel resources, helps to reduce the amount of pollution resulting from the use of fossil fuels and can reduce carbon dioxide emissions. To the extent practicable, and in accordance with § 263 of New York State Town Law, the accommodation of solar energy systems and equipment, and the protection of access to sunlight for such equipment, shall be required in the application of the various review and approval provisions of this Zoning Law. This means, for example, laying out new roads and buildings in an east-west direction, where possible, so that south-facing windows and solar collectors, whether to be installed immediately or planned for the future, can get direct sunlight.
(1) 
The installation of small- and medium-scale solar energy systems requires a permit from the Town Building Department using the New York State Unified Solar Permit application. The following additional provisions for small- and medium-scale solar energy systems apply in residence districts:
(a) 
Building or structure alterations and additions. Except as provided herein, alterations and additions to existing buildings for small-scale solar energy systems must conform to lot coverage, height and setback requirements as described in the Table of Bulk Requirements.[1] Small-scale solar energy systems are permitted outright as an accessory use. This means the solar collectors are incidental to and support the principal use of the lot, such as a home or home business.
[1]
Editor's Note: The Table of Bulk Requirements is included as an attachment to this chapter.
(b) 
Nonconforming residential uses. A solar collector may be added to the existing principal building on a nonconforming residential lot without requiring the entire building to be brought up to current zoning standards.
(c) 
Lot coverage requirements. Solar collectors do not count as lot coverage if minimum standards are met, including but not limited to height and setback requirements.
(d) 
Height requirements. Solar collectors may be roof-mounted on principal or accessory structures and extend up to four feet above the zoning district's height limit, or extend up to four feet above the ridge of a pitched roof.
(e) 
Setbacks. Special setbacks apply for ground-mounted solar energy systems. Rear and side setbacks shall be 25 feet. Ground-mounted solar energy systems shall be prohibited in front yards.
(f) 
Protecting solar access of property to the north. Solar collectors exceeding the zoning district height limit must be placed so that they do not shade the property to the north on January 21 at noon any more than a structure built to the maximum permitted for that zone. For assistance in determining solar exposure, a sun chart brochure is available from the Town Building Department.
(g) 
Medium-scale solar energy systems in residence districts are permitted subject to site plan approval and § 164-41E(1) herein.
(h) 
Fencing six feet in height shall be placed around the utility meter on all medium-scale solar energy system installations. Waterproof signage shall be placed immediately adjacent and/or in close proximity to the electric meter that clearly shows the location of the DC disconnect switch. Notification, with a location map, will be sent to the applicable fire district.
(i) 
Large-scale solar energy systems may be approved, subject to § 164-42G of the Zoning Law.
(2) 
All solar energy systems shall be designed, erected, and installed in accordance with all applicable codes, regulations, and industry standards as referenced in the New York State Uniform Fire Prevention and Building Code, the New York State Energy Conservation Code, and the Town of Warwick, New York, State Uniform Fire Prevention and Building Code Administration and Enforcement Law.
[Amended 1-24-2002 by L.L. No. 2-2002; 10-24-2002 by L.L. No. 6-2002; 9-11-2003 by L.L. No. 4-2003; 2-18-2010 by L.L. No. 1-2010]
A. 
Purposes. A subdivision is considered a cluster subdivision when lots and dwelling units are clustered closer together than otherwise possible in a conventional subdivision and where open space is created on the remainder of the property without increasing density for the tract as a whole. Cluster subdivisions are authorized under § 278 of New York State Town Law, are also referred to as conservation subdivisions or open space subdivisions, and are encouraged herein. In conformance with the Town's Comprehensive Plan,[1] the purposes of cluster subdivision are as follows:
(1) 
To provide greater economy, efficiency and convenience in the siting of services and infrastructure, including the opportunity to reduce road lengths, utility runs, and the amount of paving required;
(2) 
To conserve important open lands, including those areas containing unique and sensitive natural features such as steep slopes, floodplains, stream corridors, and wetlands by permanently setting them aside from development;
(3) 
To protect areas of the Town with productive agricultural soils for continued or future agricultural use, by conserving blocks of land large enough to allow for efficient farm operations;
(4) 
To provide multiple options for landowners to minimize impacts on environmental resources and natural or cultural features such as mature woodlands, hedgerows and tree lines, critical wildlife habitats, historic buildings and sites, and fieldstone walls;
(5) 
To create neighborhoods with direct visual access to open land, with amenities in the form of neighborhood open space, with a strong neighborhood identity;
(6) 
To provide for a balanced range of lot sizes, building densities, and housing choices to accommodate a variety of age and income groups and residential preferences, so that Warwick's population diversity may be maintained;
(7) 
To provide a reasonable setback for new development adjacent to lands in active farming due to potential incompatibility with nonfarm uses;
(8) 
To implement policies to conserve a variety of irreplaceable and environmentally sensitive resource lands as set forth in the Town's Comprehensive Plan, including provisions to create a greenway trail system and other areas for active or passive recreational use for the benefit of present and future residents;
(9) 
To conserve scenic views and elements of the Town's rural character, and to minimize perceived density, by limiting views of new development from existing roads;
(10) 
To promote development in harmony with the goals and objectives of the Town's Comprehensive Plan;
(11) 
To mitigate identified environmental impacts under the State Environmental Quality Review Act (SEQR).
[1]
Editor's Note: The Comprehensive Plan is on file in the Town offices.
B. 
Authorization.
(1) 
Authorization is hereby granted to the Planning Board to modify applicable provisions of this Zoning Law as to lot size, lot width, depth, yard, and other applicable requirements of the Zoning Law, Subdivision Regulations[2] and Street Specifications[3] (in consultation with the Commissioner of Public Works), as well as type of residential use, subject to the purposes, standards and procedures contained herein, so as to accommodate cluster subdivisions. At the request of the applicant, an optional preapplication conference for application information may be scheduled with the Town Planning Board Chairperson or a representative of the Planning Board. If sufficiently complex, it may be desirable for the applicant to request placement on the agenda of a Planning Board meeting for an informational conference. The applicant shall make a deposit, in accordance with the Town's Fee Schedule,[4] sufficient to cover the preapplication expenses required for review by the Town's professional engineer, planner and attorney. Neither the applicant nor the Planning Board shall be bound by the exchange of ideas during the preapplication conference.
[2]
Editor's Note: See Ch. 137, Subdivision of Land.
[3]
Editor's Note: See Ch. A168, Street Specifications.
[4]
Editor's Note: See Ch. 75, Development Fees.
(2) 
The Planning Board may require cluster subdivision where it finds any one of the following elements present, as determined through review of an existing resources map and site analysis plan as described herein, justifying conservation of natural, cultural or historic resources, scenic features, or preservation of neighborhood character.
(a) 
Slopes: slopes of 15% or greater on 25% or more of the property.
(b) 
Water resources: wetlands, aquifer and aquifer recharge areas, municipal water supply watershed areas, flood-prone areas as shown on Federal Emergency Management Agency maps, New York State protected streams, or a Town-designated protection area.
(c) 
Agricultural lands: active farmland within a New York State certified agricultural district, lands within 2,000 feet of a New York State certified agricultural district, or soils classified in Groups 1 to 4 of the New York State Soil Classification System.
(d) 
Community water and/or sewer: sites where community sewer, community water, or community water and sewer are available or planned.
(e) 
Critical environmental areas: Lands within or contiguous to a critical environmental area designated pursuant to Article 8 of the Environmental Conservation Law.
(f) 
Designated open space areas: lands contiguous to publicly owned or designated open space areas, privately owned designated natural areas, or areas identified on the Town of Warwick Open Space Index.
(g) 
Historic structures and sites: historic structures or areas of national, state or local importance.
(h) 
Scenic viewsheds and special features: sites bordering designated state, county or Town scenic roads, or special features identified in the Town's Comprehensive Plan.[5]
[5]
Editor's Note: The Comprehensive Plan is on file in the Town offices.
(i) 
Significant natural areas and features: areas identified within the Town of Warwick Biodiversity Conservation Overlay (BC-O) District, areas with rare vegetation, significant habitats, or habitats of endangered, threatened or special concern species as determined by the New York Department of Environmental Conservation (Natural Heritage Program) or the Town Conservation Board, mature forests over 100 years old, locally important vegetation (such as trees over 24 inches in diameter at breast height), or unique natural or geological formations.
(j) 
Trails: existing and potential trails, bikeways, and pedestrian routes of Town, state or county significance.
(k) 
Recreation: lakes, ponds or other significant recreational areas, or opportunities or sites designated in the Town's Comprehensive Plan.
(l) 
Applicant request: on lands where the applicant has requested approval of a cluster subdivision.
C. 
Permitted, accessory and special permit uses.
(1) 
Permitted, accessory and special permit uses within a cluster subdivision shall be the same as those otherwise allowed in the zoning district in which the development is located. As an alternative to single-family detached dwellings, townhouse-style architecture is also permitted in cluster subdivisions, provided common areas are in condominium or cooperative ownership and subject to review by the Town Attorney or Deputy Town Attorney.
(2) 
Open space land, comprising a portion of the cluster subdivision, as defined in § 164-41.1J.
D. 
Density.
(1) 
The permitted number of dwelling units shall not exceed the number of units that, in the Planning Board's judgment, would be permitted if the land were subdivided into lots fully conforming to the minimum lot size and density requirements of this chapter applicable to the district or districts in which such land is situated and conforming to all other requirements of the Town of Warwick Code. In accordance with the incentive zoning provisions of § 261-b of New York State Town Law, density bonuses are available, for subdivision of lots of record of 10 acres or larger, provided such application includes community amenities or benefits as outlined in § 164-47.6D(5) herein. Exceptions to the density requirements will be provided in the TN-O District under the Town of Warwick transfer of development rights (TDR) and zoning incentives for open space preservation programs described in §§ 164-47.4 and 164-47.6.
[Amended 6-9-2011 by L.L. No. 3-2011[6]]
[6]
Editor's Note: This local law also renumbered former Subsection D(2)(f) and (g) as D(2)(e)[6][a] and [b], respectively, and renumbered former Subsection D(2)(g)[1] as D(2)(e)[7].
(2) 
To determine density, the applicant shall submit a yield plan, designed so that no waivers from any provision of the Town of Warwick Code shall be necessary and meeting the following requirements:
(a) 
Yield plans shall be prepared as a conceptual sketch plan in accordance with the minimum lot sizes and other development standards for the zoning district involved.
(b) 
Yield plans shall show proposed lots, streets, rights-of-way, and other pertinent features.
(c) 
Yield plan density shall be based upon an analysis conducted in accordance with the Town's environmental control formula contained in § 164-41.3 (see Table ECF).
(d) 
Nothing herein shall preclude an applicant from submitting a fully engineered yield subdivision plan that meets all of the requirements of the Zoning Law, Subdivision Regulations,[7] and Street Specifications[8] to determine lot yield.
[1] 
Fully engineered yield subdivision plans shall include percolation and deep tests on each lot, conceptual drainage designs, and shall be designed so that no waivers from any provision of the Town of Warwick Code shall be necessary.
Zoning
District
Base Density
(acres/du)
Density Bonus
(acres/du)
CO
6
5.6
MT
5
4.6
RU
4
3.6
SL
3
2.6
[2] 
Where active agricultural lands are proposed for continuation within the open space lands, soils testing may be reduced for homogeneous soils that are classified within Soil Groups 1 through 4 of the New York State Land Classification System.
[3] 
Fully engineered and environmental control formula derived yield subdivision plans shall be realistic and must not show potential house sites or streets in areas that would not ordinarily be legally permitted in a conventional subdivision. If necessary, the Planning Board may require the applicant to provide an analysis of potential compatibility or incompatibility of the yield plan with the standards for issuance of permits and letters of permission found in 6 NYCRR 663.5 when sites involve state-protected freshwater wetlands or other resources for which discretionary permits would be required.
[7]
Editor's Note: See Ch. 137, Subdivision of Land.
[8]
Editor's Note: See Ch. A168, Street Specifications.
(e) 
Density bonus. Density bonuses are available for cluster subdivisions. The Town Board has determined that it is appropriate to make adjustments to permissible density for the specific purpose of encouraging development that is consistent with the Town Comprehensive Plan,[9] smart growth principles and that provide community benefits. To achieve this intent, the density of the proposed cluster subdivision, as determined by the yield plan, may be increased in accordance with two, three or four of the following six options. See § 164-41.1D(2)(e)[7] below for an example of how the density bonus works:
[1] 
Option 1. All cluster developments must preserve at least 50% of a tract's developed acreage as open space land. Cluster developments that preserve additional open space, in accordance with the following table, are eligible for an increase in the number of units over the base number of dwelling units in accordance with the following density bonus:
Zoning
District
Base Density
(acres/du)
Percentage
Open Space
Preserved
Density
Bonus
(acres/du)
CO
6
80
5.6
MT
5
75
4.6
RU
4
70
3.6
SL
3
65
2.6
[2] 
Option 2. Cluster developments that provide construction of multipurpose trails on the applicant's lands, either for use by the development's residents or by members of the public, are eligible for an increase in the number of units over the base number of dwelling units in accordance with the following density bonus:
Zoning
District
Base Density
(acres/du)
Density
Bonus
(acres/du)
CO
6
5.6
MT
5
4.6
RU
4
3.6
SL
3
2.6
[3] 
Option 3. The Town of Warwick encourages shared or community sanitary sewage disposal systems for cluster development, but such systems are not required. Cluster developments that provide development of shared or community sanitary sewage disposal systems, instead of individual sanitary sewage disposal systems, are eligible for an increase in the number of units over the base number of dwelling units in accordance with the following density bonus:
Zoning
District
Base Density
(acres/du)
Density
Bonus
(acres/du)
CO
6
5.6
MT
5
4.6
RU
4
3.6
SL
3
2.6
[4] 
Option 4. The Town of Warwick requires that the open space in a cluster development be preserved either through a conservation easement or deed restrictions, with the Town Board granted third-party enforcement rights, regardless of the method chosen. The Town encourages the use of conservation easements titled to a bona fide private conservation organization as defined in Article 49 of the New York State Environmental Conservation Law. Cluster developments that preserve open space by conservation easement with appropriate baseline surveys are eligible for an increase in the number of units over the base number of dwelling units in accordance with the following density bonus:
Zoning
District
Base Density
(acres/du)
Density
Bonus
(acres/du)
CO
6
5.6
MT
5
4.6
RU
4
3.6
SL
3
2.6
[5] 
Option 5. The Town of Warwick requires that density be calculated either by use of the environmental control formula, contained in § 164-41.3 of the Zoning Law, or by a fully engineered yield subdivision plan that meets all of the requirements of the Zoning Law, Subdivision Regulations and Street Specifications. The Town encourages use of the environmental control formula. Cluster developments that use the environmental control formula to calculate density are eligible for an increase in the number of units over the base number of dwelling units in accordance with the following density bonus:
Zoning
District
Base Density
(acres/du)
Density
Bonus
(acres/du)
CO
6
5.6
MT
5
4.6
RU
4
3.6
SL
3
2.6
[6] 
Option 6. The Town of Warwick encourages the wise use of all resources by promoting energy savings, water efficiency, CO2 emissions reduction, improved indoor environmental quality, and stewardship of natural resources. Cluster developments that incorporate green building technologies and that provide evidence that each building in such development has been certified as compliant with one or more of the following green building standards, LEED (United States Green Building Council's Leadership in Energy and Environmental Design (LEED) certification) for Homes basic certification, the Green Residential Building Standards of the New York State Energy Research and Development Authority, or an energy and environmental design standard deemed equivalent by the Planning Board, are eligible for an increase in the number of units over the base number of dwelling units in accordance with the following density bonus requirements:
[a] 
For purposes of requesting Option 6, evidence of LEED for Homes basic certification, the Green Residential Building Standards of the New York State Energy Research and Development Authority, or an energy and environmental design standard deemed equivalent by the Planning Board, shall be provided prior to the issuance of a certificate of occupancy by the Town of Warwick Building Department for all dwelling units in the cluster subdivision.
[b] 
Applicants seeking to use Option 6 shall make a cash payment in accordance with the Town of Warwick Fee Schedule,[10] in lieu of the evidence, into the Town of Warwick Green Building Fund, until such time as evidence is presented to the Town Building Department that each dwelling has been so certified. Third-party verification is required to claim certification. Such funds shall be refunded upon presentation of evidence. For any subdivision that fails to produce evidence, the funds in the Green Building Fund shall be used to pay for the costs of administering and regulating green building development. The purpose of the Green Building Fund is to preserve natural resources of the Town by monitoring new development, encouraging energy conservation and green building practices.
[10]
Editor's Note: See Ch. 75, Development Fees.
[7] 
Calculating bonus. Cluster developments that provide two or more options identified in Subsection D(2)(e)[1] through [6] above, are eligible for an increase in density over the base number of dwelling units. Cluster developments that provide four of the six available options are eligible for the full density bonus. The bonus requested shall be illustrated on the preliminary plan documents. While compliance with all six options is encouraged, the maximum density bonus available is illustrated in the following table:
Zoning
District
Base Density
(acres/du)
Two Options
Density
(acres/du)
Three Options
Density
(acres/du)
Four Options
Density
(acres/du)
CO
6
5.6
5.3
5
MT
5
4.6
4.3
4
RU
4
3.6
3.3
3
SL
3
2.6
2.3
2
[9]
Editor's Note: The Comprehensive Plan is on file in the Town offices.
E. 
Cluster subdivision design process. Once the maximum permissible number of lots in a cluster subdivision has been established, the next step is to create a cluster design layout. This layout shall include an identification of primary and secondary conservation lands within a parcel(s), which includes those elements most highly valued by the community. Illustrations of the design process are provided herein to assist applicants and landowners.
(1) 
Sketch plan. A sketch plan shall be submitted by the applicant as a diagrammatic basis for informal discussions with the Planning Board regarding the design of a proposed subdivision or land development. The purpose of a sketch plan is to facilitate an expedient review of proposed new subdivisions in conformance with the Town Zoning Law and Comprehensive Plan.[11] Sketch plan submission is a way to help applicants and Planning Board members develop a better understanding of the property and to help establish an overall design approach that respects its special or noteworthy features, while providing for the density permitted under the Zoning Law. To provide a full understanding of the site's potential and to facilitate the most effective exchange with the Planning Board, the sketch plan shall include the information listed below. Many of these items can be taken from the existing resources and site analysis plan, a document that must in any case be prepared and submitted no later than the date of the site inspection, which precedes the preliminary plan.
(a) 
The information required by § 137-26A of the Subdivision Regulations;
(b) 
One-hundred-year floodplain limits, and approximate location of state and/or federal wetlands, if any;
(c) 
Topographical and physical features, including existing structures, wooded areas, hedgerows and other significant vegetation, steep slopes (over 15%), soil types, ponds, streams within 200 feet of the tract, and existing rights-of-way and easements;
(d) 
Schematic layout indicating a general concept for land conservation and development (bubble format is acceptable for this delineation of conservation areas);
(e) 
In the case of land development plans, proposed general layout, including building locations, parking lots, and open spaces;
(f) 
Site context map. A map showing the location of the proposed subdivision within its neighborhood context shall be submitted. For all sites, such maps shall be at a scale not less than one inch equals 1,000 feet, and shall show the relationship of the subject property to natural and man-made features existing within 2,000 feet of the site. The features that shall be shown on site context maps include topography and streams (from USGS maps), state and/or federal wetlands, woodlands over 1/2 acre in area (from aerial photographs), ridgelines, public roads and trails, utility easements and rights-of-way, public land, and land protected under conservation easements.
[11]
Editor's Note: The Comprehensive Plan is on file in the Town offices.
(2) 
Preliminary plan documents. A preliminary cluster subdivision plan shall consist of and be prepared in accordance with the following requirements, which are designed to supplement and, where appropriate, replace the requirements of Chapter 137 of the Warwick Code:
(a) 
Preliminary plan. The submission requirements for a preliminary plan include the requirements for sketch plans listed in § 164-41.1E(1) above; and
(b) 
The submission requirements of § 137-27 or 137-28 of the Subdivision Regulations; and
(c) 
Existing resources and site analysis plan.
[1] 
For all cluster subdivisions (except those in which all proposed lots are to be 10 or more acres in area), an existing resources and site analysis plan shall be prepared to provide the developer and the Planning Board with a comprehensive analysis of existing conditions, both on the proposed development site and within 500 feet of the site. The existing resources and site analysis plan becomes the basis for the four-step design process. Conditions beyond the parcel boundaries may be described on the basis of existing published data available from governmental agencies, and from aerial photographs.
[2] 
The Planning Board shall review the plan to assess its accuracy and thoroughness. Unless otherwise specified by the Planning Board, such plans shall be prepared at the scale of one inch equals 100 feet or one inch equals 200 feet, whichever would fit best on a single standard size sheet. The following information shall be included in this plan:
[a] 
Topography, the contour lines of which shall be at two-foot intervals, determined by photogrammetry (although ten-foot intervals are permissible beyond the parcel boundaries, interpolated from published USGS maps). The determination of appropriate contour intervals shall be made by the Planning Board, which may specify greater or lesser intervals on exceptionally steep or flat sites. Slopes between 15% and 25% and exceeding 25% shall be clearly indicated. Topography for major subdivisions shall be prepared by a professional land surveyor or professional engineer from an actual field survey of the site or from stereoscopic aerial photography and shall be coordinated with official USGS benchmarks.
[b] 
The location and delineation of ponds, streams, and natural drainage swales as well as the one-hundred-year floodplains and wetlands, as defined by the State of New York and the United States Army Corps of Engineers.
[c] 
Vegetative cover conditions on the property according to general cover type, including cultivated land, permanent grass land, old field, hedgerow, woodland and wetland, isolated trees with a caliper in excess of 12 inches, the actual canopy line of existing trees and woodlands. Vegetative types shall be described by plant community, relative age and condition.
[d] 
Soil series, types and phases, as mapped by the United States Department of Agriculture, Natural Resources Conservation Service in the Orange County Soil Survey, and accompanying data published for each soil relating to its suitability for construction (and, in unsewered areas, for septic suitability). Classify soils into the soil groups identified in the environmental control formula found in § 164-41.3.
[e] 
Ridgelines and watershed boundaries shall be identified.
[f] 
A viewshed analysis showing the location and extent of views into the property from public roads and from public parks, public forests, and state game lands.
[g] 
Geologic formations on the proposed development parcel, based on available published information or more detailed data obtained by the applicant.
[h] 
The location and dimensions of all existing streets, roads, buildings, utilities and other man-made improvements.
[i] 
Locations of all historically significant sites or structures on the tract and on any abutting tract.
[j] 
Locations of trails that have been in public use (pedestrian, equestrian, bicycle, etc.) or proposed on the Town of Warwick Greenway Trail map.
[k] 
All easements and other encumbrances of property which are or have been filed of record with the Orange County Clerk's office shall be shown on the plan.
(3) 
Four-step design process for cluster subdivisions. All sketch plans shall include Step 1 of the four-step design process. All preliminary plans shall include documentation of a four-step design process in determining the layout of proposed open space lands, house sites, streets and lot lines, as described below:
(a) 
Step 1: delineation of open space lands. Proposed open space lands shall be designated using the existing resources and site analysis plan as a base map and complying with § 164-41.1E(2)(c) and Chapter 137 of the Town Code, dealing with resource conservation and greenway delineation standards. The Town's Comprehensive Plan and Open Space Index shall also be considered. Primary conservation areas shall be delineated comprising floodplains, wetlands and slopes over 25% as shown by example on Figure 1a. Secondary conservation areas shall be delineated comprising the resources listed in § 164-41.1E(2)(c) and as shown by example on Figure 1b. The applicant shall prioritize natural and cultural resources on the tract in terms of their suitability, highest to least, for inclusion in the proposed open space, in consultation with the Planning Board after a site inspection, to create a prioritized list of resources to be conserved. On the basis of those priorities and practical considerations given to the tract's configuration, its context in relation to resource areas on adjoining and neighboring properties, and the applicant's subdivision objectives, secondary conservation areas shall be delineated (see Figure 1b) to meet at least the minimum area percentage requirements for open space lands and in a manner clearly indicating their boundaries as well as the types of resources included within them. Calculations shall be provided indicating the applicant's compliance with the acreage requirements for open space areas on the tract. The result is shown on Figure 1c, potential development areas. If the secondary conservation areas include active agricultural lands or contain soils classified within Soil Groups 1 through 4 of the New York State Land Classification System, the siting guidelines found in § 164-47.3D shall be followed in the design process.
(b) 
Step 2: location of house sites. Potential house sites shall be tentatively located, using the proposed open space lands as a base map as well as other relevant data on the existing resources and site analysis plan such as topography and soils. House sites should generally be located not closer than 100 feet to primary conservation areas and 50 feet from secondary conservation areas, taking into consideration the potential negative impacts of residential development on such areas as well as the potential positive benefits of such locations to provide attractive views and visual settings for residences.
(c) 
Step 3: alignment of streets and trails. Upon designating the house sites, a street plan shall be designed to provide vehicular access to each house, complying with the standards identified herein and bearing a logical relationship to topographic conditions. Impacts of the street plan on proposed open space lands shall be minimized, particularly with respect to crossing environmentally sensitive areas such as wetlands and traversing slopes exceeding 15%. Existing and future street connections are encouraged to eliminate the number of new culs-de-sac to be maintained by the Town and to facilitate access to and from homes in different parts of the tract and adjoining parcels. Culs-de-sac are appropriate when they support greater open space conservation or provide extensive pedestrian linkages.
(d) 
Step 4: drawing in the lot lines. Upon completion of the preceding three steps, lot lines are drawn as required to delineate the boundaries of individual residential lots.
(e) 
Note on the four-step site design process for hamlets and adjoining villages. The design process for developing cluster subdivisions in or adjacent to hamlets and villages shall be a variation on the four-step process for conservation subdivisions, as described herein. In hamlets and near villages, where traditional streetscape and terminal vistas are of greater importance, Steps 2 and 3 may be reversed, so that streets and squares are located during the second step, and house sites are located immediately thereafter. The first step is to identify open space lands, including both primary and secondary conservation areas.
F. 
Dimensional standards. Except as specified herein, all dimensional standards normally applicable to other subdivisions and uses shall also be applicable to cluster subdivision.
(1) 
Minimum required open space: In all zoning districts, a cluster subdivision must preserve at least 50% of the tract's developed acreage as open space land. Parking areas and roads shall not be included in the calculation of the minimum required open space.
(2) 
Minimum lot width at building line: 80 feet.
(3) 
Minimum street frontage: 20 feet.
(4) 
Yard regulations: The builder or developer is urged to consider variations in the principal building position and orientation, but shall observe the following minimum standards:
(a) 
Front yard: 20 feet.
(b) 
Rear yard: 40 feet.
(c) 
Side yard: 30 feet separation for principal buildings, with no side yard less than 10 feet.
(5) 
Maximum impervious coverage: No more than 35% of any given acre shall be covered with impervious surface in the form of access drives, parking areas or structures.
(6) 
Minimum lot size: The minimum lot size for developments with individual sanitary sewage disposal systems shall be 12,500 square feet per single-family unit. When community water and/or sewerage systems are involved, the bulk standards found in § 164-47C(2) shall be used as guidelines. Attached or townhouse-style units shall be in condominium, cooperative, or other acceptable ownership options.
G. 
Open space standards.
(1) 
The required open space land consists of a combination of primary conservation areas and secondary conservation areas. primary conservation areas include freshwater wetlands and ponds with a one-hundred-foot surrounding buffer area where practical, streams, lands within the one-hundred-year floodplain, unbuildable lands in Soil Groups IX, X, XII, XIII, XIV, XV from § 164-41.3, Table ECF, and lands having slopes of 25% or more. The proposed subdivision design shall strictly minimize disturbance of these environmentally sensitive areas. Primary conservation areas shall be included in the required open space area to the greatest extent practical. The applicant shall also demonstrate that such features will be protected by the proposed subdivision plan. Secondary conservation areas include special features of the property that would ordinarily be overlooked or ignored during the design process such as agricultural lands, woodlands, significant natural areas and features, stone walls, hedgerows, meadows, historic structures and sites, historic rural corridors, scenic viewsheds, and trails. Secondary conservation areas shall be included in the required open space area to the greatest extent practical such that protecting these resources will, in the judgment of the Planning Board, achieve the purposes of this section.
(2) 
Open space lands shall be laid out in general accordance with the Town's Comprehensive Plan[12] to better enable an interconnected network of open space.
[12]
Editor's Note: The Comprehensive Plan is on file in the Town offices.
(3) 
A recreational fee in lieu of land, as set forth in the Town's fee schedule,[13] shall be imposed to accommodate the foreseeable recreational needs of the proposed subdivision's residents. Upon the recommendation of the Planning Board and where the Town Board deems it appropriate for land to be deeded to the Town for recreational purposes, up to 10% of the total acreage may be subject to the Town's recreational land dedication requirement. Typically, this acreage will be used to provide potential connections within the Town's long-range trail network.
[13]
Editor's Note: See Ch. 75, Development Fees.
(4) 
Active agricultural land with farm buildings may be used to meet the minimum required open space land. Access to open space land used for agriculture may be appropriately restricted for public safety and to prevent interference with agricultural operations. Land used for agricultural purposes shall be buffered from residential uses, either bordering or within the tract, by a minimum setback of at least 100 feet and, if practical, 200 feet deep. No clearing of trees or understory growth shall be permitted in this setback (except as may be necessary for street or trail construction). Where this buffer is unwooded, the Planning Board may require vegetative screening to be planted, or that it be managed to encourage natural forest succession through no-mow policies and the periodic removal of invasive alien plant and tree species.
(5) 
Open space land should generally remain undivided. No individual parcel of common open space shall be less than one acre except as to roadway median strips, traffic islands, walkways, trails, courtyards, play areas, recreation facilities, drainageways leading directly to streams, historic sites or unique natural features requiring common ownership protection.
(6) 
No portion of any house lot may be used for meeting the minimum required open space land unless encumbered with a restriction.
H. 
House lot standards. Development areas for the location of house lots include the necessary building envelope for each dwelling unit, constituting the remaining lands of the tract outside of the designated open space areas. House lots shall be designed in accordance with the following standards:
(1) 
House lots shall not encroach upon primary conservation areas, and their layout shall respect secondary conservation areas.
(2) 
All new dwellings shall meet the following setback requirements to the greatest extent practicable:
(a) 
From all external road ultimate rights-of-way: 100 feet.
(b) 
From all other tract boundaries: 50 feet.
(c) 
From agricultural lands, as defined herein at Subsection G(4), either bordering or within the tract: 200 feet.
(d) 
From buildings or barnyards housing livestock: 300 feet.
(e) 
From active recreation areas such as courts or playing fields (not including tot lots): 150 feet.
(3) 
Views of house lots from exterior roads and abutting properties shall be minimized by the use of changes in topography, existing vegetation, or additional landscaping which meets the landscaping requirements of the Zoning Law and Subdivision Regulations.[14]
[14]
Editor's Note: See Ch. 137, Subdivision of Land.
(4) 
House lots shall generally be accessed from interior streets, rather than from roads bordering the tract. New intersections with existing public roads shall be minimized. Cul-de-sac streets shall not be created to provide access to residential lots except in situations where, in the view of the Planning Board, a through street cannot reasonably be provided due to the physical characteristics of the subdivision parcel and adjoining properties. Where a cul-de-sac street is authorized, either as a permanent dead-end street or as a temporary dead-end street pending completion of a through-road network to adjoining parcels, not more than 20 single-family residential lots may gain access from either the initial development or extension of such cul-de-sac street. Existing residential lots shall count towards the maximum of 20 lots on a dead-end or cul-de-sac street.
(5) 
At least 3/4 of the lots shall directly abut or face conserved open space, if practical.
(6) 
Setbacks for wells. If active agricultural lands constitute the open space, as defined in § 164-41.1G(4), the minimum setback for wells from such active agricultural lands shall be 100 feet.
(7) 
For cluster subdivision of lands in the AP-O District, house lots shall be designed in accordance with the following guidelines:
(a) 
All surficial soils classified as prime farmland soils (Class 1 and 2) or soils of statewide significance (Class 3 and 4) or black dirt soils should be avoided by subdivision development to the greatest extent practical. Other existing features, whose preservation would benefit the Town and the subdivision, should be avoided through sensitive design of the cluster subdivision. Such features include but are not limited to:
[1] 
Groves of mature trees.
[2] 
Large individual trees.
[3] 
Hedgerows.
[4] 
Woodlands along roadways, property lines, and streams.
[5] 
Scenic vistas.
[6] 
Water features such as streams, ponds, floodplains, lakes and wetlands.
[7] 
Stone walls.
[8] 
Steep slopes in excess of 15%.
[9] 
Habitats of endangered or threatened species.
[10] 
Visually prominent agricultural landscape features such as fields, pastures and meadows on knolls and hilltops.
[11] 
Historic structures or sites.
[12] 
Similar irreplaceable assets.
(b) 
Residential structures in the AP-O District should be located according to the following guidelines, which are listed in order of significance (some of which may conflict with each other on a particular site, in which case, the Planning Board may use its discretion to resolve such conflicts):
[1] 
On the least fertile agricultural soils and in a manner which maximizes the usable area remaining for agricultural use;
[2] 
Away from the boundaries of any preserved farm, to reduce conflicting uses in areas where farmers have made long-term commitments to continue to farm;
[3] 
In such a manner that the boundaries between house lots and active farmland are well buffered by vegetation, topography, roads or other barriers to minimize potential conflict between residential and agricultural uses;
[4] 
To avoid disturbance to the existing environmental, cultural and scenic features noted in Subsection H(1) above;
[5] 
To be as visually inconspicuous as practical when seen from state, county and local roads, and particularly from designated scenic routes;
[6] 
Next to other residences or building lots on adjacent properties;
[7] 
To minimize the perimeter of the built area by encouraging compact development and discouraging strip development along roads;
[8] 
On suitable soils for subsurface sewage disposal (where applicable);
[9] 
Within woodlands, or along the far edges of open agricultural fields adjacent to any woodland, to reduce encroachment upon agricultural soils, provide shade in summer and shelter in winter, and to enable new residential development to be visually absorbed by the natural landscape;
[10] 
In locations where the greatest number of dwelling units could be designed to take advantage of solar heating and solar electric opportunities; and
[11] 
Any other mitigation measure imposed under SEQR.
I. 
Streets and driveways.
(1) 
Common driveway access may be provided to serve up to six dwellings. Common driveways should be 16 feet wide or, at a minimum, provide for vehicle pull-offs that are 16 feet in width at intervals no less than every 500 feet. A pedestrian circulation and/or trail system shall be designated and installed sufficient for the needs of residents, as deemed practical by the Planning Board.
(2) 
Cluster subdivision streets shall meet the Town street specifications,[15] unless access arrangements have been made in accordance with § 280-a of New York State Town Law. Where appropriate, the Planning Board shall work with the Commissioner of Public Works to ensure that the Town of Warwick's street specifications, normally applicable to conventional subdivisions, do not impact or detract from the rural and environmental character of a cluster subdivision. The Commissioner of Public Works has the ability to make a recommendation as to the interpretation of any part of the street specification requirements and to modify such requirements under § A168-22 of the Town Code. Cluster subdivisions containing 20 lots or more shall have at least two connections with existing streets, streets on an approved subdivision plat for which a bond has been filed, or access to an existing private road. Regardless of the street design employed, the applicant shall demonstrate and the Planning Board shall find that emergency services access is adequate for the number of dwellings proposed.
[15]
Editor's Note: See Ch. A168, Street Specifications.
(3) 
From an aesthetic and speed control perspective, curving roads are preferred in an informal rural cluster to avoid long straight segments. Shorter straight segments connected by 90 degree and 135 degree bends are preferred in a more formal or traditional arrangement.
(4) 
Whenever appropriate, street systems should produce terminal vistas of open space in accordance with the conservation emphasis of the cluster subdivision design and to positively contribute to the Town's open space goals.
(5) 
The use of reverse curves should be considered for local access streets in cluster subdivisions in conjunction with long horizontal curve radii (at least 250 feet) and where traffic speeds will not exceed 30 miles per hour.
(6) 
Single-loaded streets are encouraged alongside conservation areas to provide views of the conservation lands for residents and visitors.
(7) 
Street trees may be required, depending upon the open or wooded character of the parcel, in accordance with § 137-19 of the Town Code, and survivability shall be assured in accordance with § 164-46G(3)(n)[3].
(8) 
The Planning Board shall consider the potential fiscal impacts on the Town's resources for all streets, including required drainage facilities, landscaping and other access-related features. If the Planning Board identifies a potential fiscal impact, as a condition of subdivision approval the Planning Board may require the formation or extension of a special improvement district(s) pursuant to Articles 12 and 12-a of New York State Town Law or other mechanism acceptable to the Deputy Town Attorney, such as formation of a homeowners' association.
J. 
Permanent protection of open space. Conservation easements are the preferred method to protect open space under New York State Law. Other instruments, such as deed restrictions acceptable to the Town Attorney, may also be used to protect open space at the option of the applicant. Regardless of the method chosen, the permanent preservation of such open space shall be legally assured to the satisfaction of the Planning Board and Town Attorney. In all cases, the Town Board shall be granted third-party enforcement rights to enforce the terms of the easement or other legally binding instrument. The following regulations shall apply:
(1) 
Conservation easements shall be titled to a private conservation organization or to the Town of Warwick, provided that:
(a) 
The conservation organization is acceptable to Town and is a bona fide conservation organization as defined in Article 49 of the New York State Environmental Conservation Law;
(b) 
The conveyance contains appropriate provisions for proper reverter or retransfer in the event that the conservation organization or Town of Warwick becomes unwilling or unable to continue carrying out its functions;
(c) 
A maintenance agreement acceptable to the Town is established between the owner and the conservation organization or Town of Warwick to insure perpetual maintenance of the open space.
(2) 
The conservation easement or other legally binding instrument shall permanently restrict the open space from future subdivision, shall define the range of permitted activities, and, if held by a conservation organization, shall give the Town the ability to enforce these restrictions. Under no circumstances shall any development be permitted in the open space at any time, except for the following uses:
(a) 
Conservation of open land in its natural state (for example, woodland or meadow). The clearing of woodland shall generally be prohibited, except as necessary to create trails, active recreation facilities, and to install subsurface sewage disposal systems. The determination of necessity shall lie with the Planning Board.
(b) 
Agricultural and horticultural uses, including raising crops or livestock, wholesale nurseries, and associated buildings, that are specifically needed to support an active, viable agricultural or horticultural operation. Specifically excluded are concentrated animal feeding operations (CAFO's) as defined by the United States Environmental Protection Agency, or commercial livestock operations involving swine, poultry, mink, ratites, and other animals likely to produce highly offensive odors.
(c) 
Game preserve, wildlife sanctuary, or other similar conservation use.
(d) 
Woodlots, arboreta, and silviculture in keeping with established standards for selective harvesting and sustained-yield forestry.
(e) 
Neighborhood open space uses such as village greens, commons, picnic areas, community gardens, trails, and similar low-impact passive recreational uses specifically excluding motorized off-road vehicles, rifle ranges, and other uses similar in character and potential impact as determined by the Planning Board.
(f) 
Active noncommercial recreation areas, such as playing fields, playgrounds, and courts, provided such areas do not consume more than half of the minimum required open space land or five acres, whichever is less. Playing fields, playgrounds, and courts shall not be located within 150 feet of abutting properties nor shall such facilities be equipped with lighting. Parking facilities for the same shall also be permitted, and they shall generally be gravel-surfaced, unlighted, properly drained, provide safe ingress and egress, and contain no more than ten parking spaces. Such recreation uses may be a public park or recreation area owned and operated by a public or private nonprofit agency, but shall not include storage of materials, trucking or repair facilities, or private or municipal sanitary landfills.
(g) 
Golf courses may comprise the required open space land, but shall not include miniature golf. Their parking areas and any associated structures shall not be included within the open space requirement; their parking and accessways may be paved and lighted. As part of the SEQR environmental review process of a golf course, the Planning Board, if acting as lead agency, shall consider the development and use of a comprehensive guidance document for the management of natural resources and environmental impacts associated with the golf course to minimize or avoid the effects of regrading, removal of vegetation, loss of natural habitats and loss of animal species on the site. The natural resource management goals of such a guidance document would be to plan for:
(h) 
Wildlife conservation and habitat enhancement;
(i) 
Waste reduction and management;
(j) 
Energy efficiency;
(k) 
Water conservation;
(l) 
Water quality management and monitoring; and
(m) 
Integrated pest management including an organic (i.e., no- or low-pesticide use) approach to golf course management.
(n) 
Water supply and sewage disposal systems, and stormwater detention areas designed, landscaped, and available for use as an integral part of the open space area.
(o) 
Easements for drainage; access, sewer or water lines, or other public purposes.
(p) 
Underground utility rights-of-way. Aboveground utility and street rights-of-way may traverse conservation areas but shall not count toward the minimum required open space land.
K. 
Ownership of open space land and common facilities. The following methods may be used, either individually or in combination, for ownership of open space land (exclusive of its conservation easement) and common facilities. Open space trails may be initially offered for dedication to the Town. Open space land and common facilities shall not be transferred to another entity except for transfer to another method of ownership permitted under this section. Ownership methods shall conform to the following:
(1) 
Fee simple dedication to the Town. The Town may, but shall not be required to, accept any portion of the open space land and common facilities, provided that:
(a) 
There is no substantial cost of acquisition to the Town; and
(b) 
The Town agrees to and has access to maintain such facilities; and
(c) 
Such facilities for public use shall be accessible to residents of the Town.
(2) 
Homeowners' association. Open space land and common facilities may be held in common ownership by a homeowners' association, subject to all of the provisions for homeowners' associations set forth in New York State regulations. In addition, the following regulations shall be met:
(a) 
The applicant shall provide the Town with a description of the organization of the proposed association, including its by-laws, and all documents governing ownership, maintenance, and use restrictions for common facilities.
(b) 
The proposed association shall be established by the owner or applicant and shall be operating (with financial subsidization by the owner or applicant, if necessary) before the sale of any dwelling units in the development.
(c) 
Membership in the association shall be mandatory for each property owner within the subdivision and successive owners in title with voting of one vote per lot or unit, and the subdivider's control, therefore, passing to the individual lot/unit owners on sale of the majority of the lots or units. Building permits for the remainder of the lots or units in the subdivision shall not be issued until the owner or applicant provides evidence to the Town Code Enforcement Officer of their transfer of control in the association to the individual lot/unit owners.
(d) 
The association shall be responsible for liability insurance, local taxes and maintenance of open space land, recreational facilities and other commonly held facilities.
(e) 
The by-laws shall confer legal authority on the association to place a lien on the real property of any member who falls delinquent in his or her dues. Such dues shall be paid with the accrued interest before the lien may be lifted.
(f) 
Written notice of any proposed transfer of common facilities by the association or the assumption of maintenance for common facilities must be given to all members of the association and to the Town no less than 30 days prior to such event.
(g) 
The association shall have adequate resources to administer, maintain, and operate such common facilities.
(h) 
The common open space land shall be protected by conservation easement from future subdivision and development.
(i) 
The Planning Board remains responsible for assuring that proper provision has been made for ownership and maintenance of the open space land.
(j) 
Ownership shall be structured in such a manner that real property taxing authorities may satisfy property tax claims against the open space lands by proceeding against all individual owners in the homeowners' association and the dwelling units they each own.
(k) 
Ongoing maintenance standards shall be established, enforceable by the Town against an owner of open space land as a condition of subdivision approval, to assure that the open space land does not detract from the character of the neighborhood.
(l) 
The applicant shall make a conditional offer of dedication to the Town, binding upon the homeowners' association, for all open space conveyed to the homeowners' association. Such offer may be accepted by the Town, at the discretion of the Town Board, upon the following:
[1] 
Failure of the homeowners' association to take title to the open space from the applicant or other current owner;
[2] 
Upon dissolution of the homeowners' association at any future time;
[3] 
Upon failure of the homeowners' association to fulfill its maintenance obligations hereunder;
[4] 
Upon failure of the homeowners' association to pay its real property taxes.
(m) 
The Town Attorney shall find that the HOA documents presented satisfy the conditions in Subsection K(2)(a) through (l) above and such other reasonable conditions as the Planning Board shall deem necessary.
(3) 
Noncommon private ownership. The required open space land may be included within one or more large conservancy lots, provided the open space is permanently restricted from future development, except for those uses listed in § 164-41.1J(2). This option may be preferable for open space land that is intended for agricultural, horticultural, or silvicultural use.
L. 
Maintenance. Unless otherwise agreed to by the Planning Board, the cost and responsibility of maintaining common open space and facilities shall be borne by the homeowners' association, conservation organization, private owner, or, in the case of open space and facilities deeded to the Town, the municipality.
M. 
Sewage treatment systems. The Town of Warwick encourages shared or community sanitary sewage disposal systems for cluster developments. Such systems may be located in the required open space lands such as on conservation meadows, village greens, and active or passive recreation areas, provided such areas are not paved or covered with other impervious surfaces. Sanitary sewage disposal systems of an individual nature may also be located within or extend into required open space areas. Regardless of the type of subsurface sewage disposal methods employed, all required separation distances shall be observed and the ownership and maintenance responsibilities associated therewith shall be clearly defined in agreements submitted for approval as part of the subdivision application. No application shall be approved that does not provide lot buyers with both the legal authority and the responsibility, individually or collectively, to maintain all sewer facilities on a continuing basis. This may include the creation of a special district under Articles 12 and 12-a of New York State Town Law, Attachment B.
A. 
Purpose. Conservation density subdivisions encourage the preservation of large tracts of open space by affording flexibility to landowners in road layout and design. Such subdivisions preserve open space by creating lots that average at least two times the minimum size required in the zoning district. This lower density is maintained in perpetuity through the use of permanent conservation easements and other legally binding instruments, as described in §§ 164-41.1.J, 164-41.1K, and § 164-41.1L and running with the land. To encourage the establishment of these permanent low densities, the Planning Board may reduce road frontage requirements and may allow common driveways built to the specifications shown in Subsection K below. In order to approve a conservation density subdivision, the Planning Board must find that the proposed subdivision will maintain or enhance the rural quality of the area and will meet all of the requirements and conditions of this section and such other conditions as the Planning Board deems appropriate under the particular circumstances. Conservation density subdivisions are subject to the open development area requirements of § 280-a of the New York State Town Law.
[Amended 10-27-2016 by L.L. No. 4-2016]
B. 
The average size of the lots within the subdivision must be at least two times the conventional minimum lot area required The minimum common driveway frontage shall be 15 feet and the minimum lot width shall be as shown on the Table of Bulk Requirements.[1]
[Amended 1-24-2002 by L.L. No. 2-2002; 9-11-2003 by L.L. No. 4-2003]
Zoning District
Conservation Density Average Lot Size
(acres)
RU
8
MT
10
CO
12
[1]
Editor's Note: The Table of Bulk Requirements is included at the end of this chapter.
C. 
The maximum number of lots using a proposed common driveway shall be six if the common driveway has one entrance on a public road, and 12 if the common driveway has two entrances. All lots shall have their access on the common driveway, regardless of the potential for access onto an existing Town, county or state road.
D. 
The boundary of each lot served by a common driveway shall extend to the center line of the common driveway with the right-of-way for ingress and egress across the common driveway granted to each lot served by such common driveway.
E. 
The applicant shall submit to the Planning Board as part of the application for preliminary plat approval, a professional engineer's drawings showing the exact location, dimensions and grade of the common driveway, as well as the specifications setting forth the proposed composition of the common driveway.
F. 
Written comment from the Town Commissioner of Public Works and the Town's engineer shall be secured before approval of any common driveway, unless 30 days has passed from the time the Planning Board refers the matter to the Commissioner of Public Works.
G. 
A homeowners' association may be created to provide for the perpetual care and maintenance of the common driveway. Such HOA shall meet all requirements for an open space HOA contained in § 164-41.1K. The HOA must have the power to assess the subdivision lot owners for their share of the maintenance costs of the common driveway. The HOA shall ensure that the common driveway is properly maintained and kept open to permit emergency vehicle access. The Planning Board shall also have discretion to determine whether a performance bond must be posted by the applicant to ensure the proper completion of the common driveway and, if so, how much the performance bond shall be and what form it shall take. If an HOA is not created for perpetual care and maintenance, all lot owners served by the common driveway shall enter into a maintenance and repair agreement with all other lot owners served by such common driveway. Such agreement shall be approved by the Town Attorney.
H. 
The common driveway may never be offered for dedication to the Town of Warwick unless it conforms to the Town Street Specifications in effect on the date of the offer of dedication. However, the Town Board shall be under no obligation to accept such an offer of dedication, even if the common driveway conforms to Town Street Specifications. In the event such dedication becomes necessary to ensure public safety, the cost of bringing the common driveway up to Town Street Specifications shall be borne by the homeowners' association (or the lot owners if there is no HOA).
I. 
The lots in the conservation density subdivision shall be restricted by conservation easement so that they may never be subdivided beyond the number of lots permitted in Subsections B and C above, regardless of whether the road remains a common driveway.
J. 
The subdivision plat shall show the road clearly labeled "common driveway."
K. 
Design standards. The following are minimum standards for construction of common driveways:
(1) 
All construction shall be in accordance with these regulations and shall be under the immediate inspection, supervision and approval of the Town Engineer.
(2) 
The right-of-way for a common driveway shall be not less than 50 feet in width with a wearing surface not less than 16 feet in width. Curbs shall be avoided unless deemed necessary by the Commissioner of Public Works or the Town Engineer.
[Amended 9-11-2003 by L.L. No. 4-2003]
(3) 
Whenever possible common driveways shall follow natural contours.
[Amended 9-11-2003 by L.L. No. 4-2003]
(4) 
Minimum curve radius shall be 100 feet, minimum tangent distance between reverse curves shall be 50 feet.
[Amended 9-11-2003 by L.L. No. 4-2003]
(5) 
Grade shall not exceed 12% nor be less than 1%. Grade shall not be greater than three percent within 50 feet of an intersection.
[Amended 9-11-2003 by L.L. No. 4-2003]
(6) 
The foundation course shall be constructed of eight inches of New York State Department of Transportation Item 304.02.
(7) 
The wearing surface shall consist of two inches of asphalt.
[Amended 9-11-2003 by L.L. No. 4-2003]
(8) 
The maximum length of the common portion of any common driveway shall be 2,000 feet from the access road unless there are two points of access.
(9) 
There shall be an adequate turnaround for emergency vehicles at the end of the common portion of the common driveway.
L. 
The Planning Board may waive the requirement of HOA ownership of a common driveway if it finds, after consulting with the attorney for the Planning Board or the Town Attorney, that a recorded maintenance agreement, executed by the applicant as a condition of subdivision approval, will provide sufficient protections to lot owners and the Town, and that all of the requirements and HOA functions described in § 164-41.2G and H above will be properly fulfilled by such maintenance agreement.
A. 
Procedure for determining maximum number of lots in a cluster subdivision.
(1) 
Prepare a base map containing the parcel boundaries, topography at two-foot contour intervals, and soils based upon the Soil Survey of Orange County, New York, as prepared by the United States Department of Agriculture, Soil Conservation Service, or a detailed soils survey of the site as may be prepared by the Soil Conservation Service or a qualified soil scientist. Where both the Orange County Soil Survey and a detailed soils survey are available, the latter shall control. The Town of Warwick Soil Classification Map, available for review in the Town Building Department, illustrates the Soil Conservation Service's soils and soil groups.
[Amended 1-24-2002 by L.L. No. 2-2002]
(2) 
Prepare a conforming yield plan based on the Table of Bulk Requirements[1] for cluster and other applicable subdivision criteria for the district(s) in which the parcel lies.
[Amended 9-11-2003 by L.L. No. 4-2003]
[1]
Editor's Note: The Table of Bulk Requirements is included at the end of this chapter.
(3) 
Adjust required lot area for each individual lot based on the environmental factor listed in Table ECF below. Adjusted lot acreage shall meet the required minimum acreage for cluster bulk requirements within the district(s) computed as:
[Amended 1-24-2002 by L.L. No. 2-2002; 9-11-2003 by L.L. No. 4-2003]
Lot Area/Environmental Factor = Adjusted Individual Lot Area
(4) 
The total lots established is the maximum number of lots permitted.
Table ECF
[Amended 10-24-2002 by L.L. No. 6-2002; 9-11-2003 by L.L. No. 4-2003; 2-18-2010 by L.L. No. 1-2010]
Cluster Subdivision Minimum Lot Size
Group
Soil Type
Environmental Factor
SL 2-acre
RU 3-acre
MT 4-acre
CO 5-acre
Septic Allowed
I
OtB,OtC, OkA, OkB, HoA, HoB, HoC, CnA, CnB, CnC, RhA, RhB, RhC
1.0
2.00
3.00
4.00
5.00
Yes
II
UnB, AdA, AdB
1.0
2.00
3.00
4.00
5.00
Yes
III
PtB, PtC, ChB, ChC
1.0
2.00
3.00
4.00
5.00
Yes
IV
CgA, CgB, SwB, SwC, WuB, WuC, MdB, MdC
0.71
2.82
4.23
5.63
7.04
Yes
V
ScA, ScB, CoB
0.67
2.99
4.48
5.97
7.46
Yes
VI
CLC, BnB, BnC, SXC
0.67
2.99
4.48
5.97
7.46
Yes
VII
Fd, ErA, ErB, Ra, RbA, RbB, ESB
0.33
6.06
9.09
12.12
15.15
No
VIII
FAC, LdB, LdC, HLC, ROC, RMC, RSB, ANC, RKC
0.33
6.06
9.09
12.12
15.15
No
IX
Ha, Ab, Ca, Ma, Sb, AC, AD
0.17
11.76
17.65
23.53
29.41
No*
X
Tg, My, Wd, Wa, Be, UF, Ba, Su, UH
0.10
20.00
30.00
40.00
50.00
No*
XI
UnC, CoC
0.17
11.76
17.65
23.53
29.41
No
XII
OtD, HoD, RhD, SwD, CLD, PtD, MdD, NaD, SXD, HLD, ROD, RMD, AND, RKD, RSD
0.33
6.06
9.09
12.12
15.15
No*
XIII
OVE, MnE, CoD, SXF, ROF, RKF, ANF, RSF
0.17
11.76
17.65
23.53
29.41
No*
XIV
Ce, Pa, Cd, Cf, Pb
0.10
20.00
30.00
40.00
50.00
No*
XV
HH
0.10
20.00
30.00
40.00
50.00
No*
NOTES:
*See the Town of Warwick Subdivision Regulations, Chapter 137 of the Town Code, Appendix A, Table of Soil Groups for requirements governing septic systems and buildings.
The provisions of this chapter applying to nonresidential uses shall be subject to such exceptions, additions or modifications as herein provided by the following supplementary regulations:
A. 
Height. Penthouses, domes, chimneys, ventilators, skylights, water tanks, bulkheads, cooling equipment, and similar features and necessary mechanical appurtenances usually carried above the roof level shall be erected only to such height as is necessary to accomplish their purpose and shall not exceed in cross-sectional area 20% of the ground floor area of the building. All penthouses, domes, bulkheads, etc., must be 10 feet back from the side walls, except that walls of elevators and stair enclosures may be built on the side wall when required by the plan of the building.
B. 
Courts.
(1) 
Inner courts. No inner court shall have a minimum dimension less than 1/2 of the mean height of all surrounding walls.
(2) 
Outer courts. The minimum width of outer courts shall be 20 feet, and its depth shall not exceed its width.
C. 
Garage entrance. No public or private garage for more than five motor vehicles shall have an entrance or exit for motor vehicles within 50 feet of a residential district boundary.
D. 
Business entrances on residential streets. Where a residence district is bounded by a portion of a business district, any side street extending through such a residence district into such business district shall not be used for any business purpose, except as herein set forth. The business structure erected in such business district shall face and open upon the street set aside for business purposes, except that windows in such business structure may be built and exposed upon said side street within the area set aside as a part of such business district and an entrance may be made at a corner of such business and residential streets, and all other entrances thereto must face on the business street, except that entrances may be made from such residential street to the upper stories of such business structure.
E. 
Special uses in nonresidential structures in Agricultural Districts.
(1) 
Intent. The intent of this section is to assist in the preservation and adaptive reuse of nonresidential structures within Agricultural Districts and the AI Zoning District by providing for expanded use of these structures.
[Amended 4-14-2022 by L.L. No. 3-2022]
(2) 
Applicability. This section shall apply to the initial adaptive reuse of any nonresidential structure within Agricultural Districts, provided that such structure is located on a lot with a minimum area of two acres and was in existence on the effective date of this section. Nonresidential agricultural structures in the AI Zoning district do not need to have been in existence on the effective date of this section.
[Amended 4-14-2022 by L.L. No. 3-2022]
(3) 
Uses permitted by special use permit. In addition to the provisions of the Table of Use Requirements,[1] the following uses may be permitted in nonresidential structures by special use permit granted by the Planning Board pursuant to § 164-46 of this chapter:
(a) 
Warehousing of supplies and equipment.
(b) 
Manufacturing, assembling, altering, finishing, converting, fabricating, cleaning or any other processing; packing, packaging or repackaging of products or materials.
(c) 
Sale or storage of lumber and building materials and equipment.
(d) 
Maintenance, repair, and storage of machinery, equipment and fuel.
(e) 
Business and professional offices.
(f) 
Indoor recreation establishments and/or sports.
[Added 9-11-2003 by L.L. No. 4-2003; amended 6-9-2011 by L.L. No. 3-2011]
[1] 
In cases where the sponsor is recognized by New York State as a not-for-profit entity or proposes only seasonal use (not for more than six months per year), the sponsor may receive approval from the Building Department. Prior to issuing an approval, the Building Department shall determine that the building is safe to occupy for the proposed use, including but not necessarily limited to building and fire codes. If the sponsor is a not-for-profit entity and continues to use the building for three years, the Building Department shall make an inspection to ensure the building continues to be safe for occupancy for that use as provided above.
[1]
Editor's Note: The Table of Use Requirements is included at the end of this chapter.
(4) 
Requirements of special use permit. The Planning Board shall receive, review and approve a site plan pursuant to the provisions of § 164-46 of this chapter. Prior to granting a special use permit, the Planning Board shall find that:
(a) 
Traffic generation of the proposed use is within the capacity of the existing roadway system.
(b) 
The proposed use will not involve hazardous activities or toxic materials.
(c) 
The proposed use is appropriate to the structure and will aid in its maintenance and preservation.
(5) 
The provisions of § 164-42E(3) and (4) above shall apply to the initial areas of an agricultural structure or to the expansion of the floor area of such structure by no more than 20% provided such expansion is in accordance with the expansion and change of use requirements of § 164-46B(5). Once the special use permit has been granted, it shall be valid for all uses cited above without further application to the Planning Board, upon review and approval of the Building Inspector and Town Engineer.
[Amended 4-14-2022 by L.L. No. 3-2022; 7-13-2023 by L.L. No. 3-2023]
F. 
Marginal access road
(1) 
Intent. The intent of this section is to apply highway safety concerns to the development of nonresidential uses which most benefit from frontage on or convenient access to major state and county roads, such uses themselves being generators of large volumes of traffic. Location of a property within the designated zoning districts and having frontage on the designated highways shall subject any and all nonresidential development proposals to the procedures and requirements of this section and those of § 164-46. The Planning Board may waive any and all of the requirements for a marginal access road in § 164-42F if future interconnection with adjoining parcels is provided and offered for dedication to the Town of Warwick. Marginal access roads are encouraged in high traffic areas and are attainable pursuant to New York State Town Law § 200.
[Amended 9-11-2003 by L.L. No. 4-2003]
(2) 
Permitted uses. All permitted uses and special uses permitted upon authorization and plan approval by the Planning Board in accordance with § 164-46 and their accessory uses allowed according to the zoning district in which the use is proposed may be permitted, subject to the further requirements specified herein and elsewhere in this chapter.
(3) 
Standards. Any nonresidential development proposal within the described area shall conform to the following standards, which shall be considered as minimum requirements, and all other applicable standards of this chapter.
(a) 
Applicable districts. This provision shall only apply to lands in the Designed Shopping Center and Office and Industrial Park Zoning Districts with frontage on New York State Route 94 and County Route 13 (Kings Highway) and to lands in the Community Business Zoning District with frontage on New York State Route 94.
[Added 12-9-2010 by L.L. No. 6-2010]
(b) 
Area and bulk requirements. The minimum bulk and area requirements shall be as follows:
[1] 
Minimum land area. The minimum land area shall be the same as required by the applicable zoning districts.
[2] 
Lot frontage. The minimum frontage shall be 400 feet unless access is via a marginal access road or a local road, in which case the lot frontage shall be that which ordinarily would be required in the applicable zoning district.
[3] 
Setback requirements.
[a] 
Side and rear yard setback.
[i] 
A buffer area shall be provided for those parcels abutting existing residential uses as follows: A setback equal to twice the minimum rear and side yard requirement for the district in which the parcel is located shall be maintained. This setback shall be landscaped so as to act as a buffer and visual screen as required by the Planning Board in conformance with buffer and landscaping requirements. No principal or accessory use or structure, including parking and loading areas, shall be permitted within the required buffer area.
[ii] 
For all other parcels, the minimum rear and side yard requirement shall be as required for the district in which the parcel is located.
[b] 
Front setback.
[i] 
All development proposals shall have set aside a sixty-foot right-of-way which shall extend the entire width of the parcel adjacent to the highway right-of-way and which shall be dedicated to the Town.
[ii] 
All principal buildings, structures and uses shall be set back a minimum of 100 feet from the dedicated sixty-foot right-of-way.
[iii] 
Accessory uses, such as parking and loading areas, may be located within this required one-hundred-foot setback upon approval of the Planning Board, except that in no instance shall accessory uses be located closer than 25 feet to the dedicated right-of-way.
[iv] 
Distance between principal buildings on the same lot. The minimum distance between principal buildings, other than those containing common party walls, shall be equal to the average of the building heights.
[v] 
Except as provided herein and in other applicable provisions of this chapter, bulk regulations shall be specified in the schedule for the district in which the lands are located.
(c) 
Marginal access road development. New York State Route 94 and County Route 13 (Kings Highway) are major highways servicing the Town of Warwick and surrounding communities; they carry high volumes of traffic at relatively high rates of speed over mainly two lanes of road width. In preserving the health, safety and welfare of the Town, it is necessary to limit the location and number of access points on these routes. To this end, all nonresidential development proposals shall meet the following minimum requirements:
[1] 
No outlet of an access drive onto a designated state or county highway shall be permitted within 300 feet of any other existing intersection of an access drive with a state or county highway or of any other existing intersection of a public right-of-way with a state or county highway.
[2] 
A marginal access road shall be constructed within the sixty-foot dedicated right-of-way as required in Subsection F(3)(b)[3][b][i] above. Such marginal access road shall be built in conformance with Town of Warwick Street Specifications and shall be dedicated to the Town upon certification by the Town Engineer and Highway Superintendent. A buffer landscaping strip a minimum of 30 feet in width shall be maintained between such roadway and the highway right-of-way.
(d) 
Other applicable standards. Uses as proposed within the areas described by this section shall conform to the requirements set forth herein and elsewhere in this chapter. In all cases, the most restrictive requirements shall apply.
(4) 
Special provisions.
(a) 
In order to carry out the purpose of this section, a development shall achieve the following objectives:
[1] 
A maximum choice in the types of environment, occupancy, tenure, types of uses and community facilities.
[2] 
The preservation of outstanding natural features.
[3] 
A creative use of land and related physical development.
[4] 
An efficient use of land resulting in smaller networks of utilities and streets and thereby lower development costs.
[5] 
Conform to all applicable standards set forth in this section and other sections of this chapter of the Code of the Town of Warwick.
(b) 
The tract of land for a project may be owned, leased or controlled either by a single person or corporation or a group of individuals or corporations. An application must be filed by the owner or jointly by owners of all property included in a project. In the case of multiple ownership, the approved plan shall be binding on all owners.
(c) 
When common property exists, the ownership of such common property may be either public or private. When common property exists in private ownership, satisfactory arrangements must be made for the improvements, operation and maintenance of common property and facilities, including private streets, drives, service and parking areas and recreational and open space areas, in accordance with applicable provisions of § 164-41.1.
(d) 
Architectural review. Prior to final site plan approval, the applicant shall submit plans illustrative of the overall architectural theme of the development. These plans shall contain all elevations for each typical building proposed for the site, exterior hardware and accessories. A compatible architectural theme shall be created and carried out throughout the development. These plans shall be reviewed by the Architectural Review Board prior to the Planning Board's final approval.
(e) 
In the event that the organization established to own and maintain common property or any successor organization fails to maintain such property in reasonable order, the Town Board may cause such property to be maintained in accordance with the following procedure: The Town of Warwick may serve written notice upon such organization or upon the residents and owners of the development setting forth the manner in which the organization has failed to maintain the common property in reasonable condition, and said notice shall include a demand that such deficiencies of maintenance be cured within 30 days thereof and shall state the date and place of a hearing thereon which shall be held within 14 days of the notice. At such a hearing, the Town may modify the terms of the original notice as to the deficiencies and may give an extension of time within which they shall be cured. If the deficiencies set forth in the original notice or in the modification thereof shall not be cured within 30 days or any extension thereof, the Town, in order to preserve the taxable values of the properties within the development and to prevent the common property from becoming a public nuisance, may enter upon said common open space and maintain the same for a period of one year. Said entry and maintenance shall not vest in the public any rights to use the common space except when the same is voluntarily dedicated to the public by the residents and owners. Before the expiration of said year, the municipality shall, upon its initiative or upon the request of the organization theretofore responsible for the maintenance of the common property, call a public hearing, upon notice to such organization or to the residents and owners of the development, to be held by the Town, at which hearing such organization or the residents and owners of the development shall show cause why such maintenance by the Town shall not, at the election of the Town, continue for a succeeding year. If the Town shall determine such organization is ready and able to maintain said common property in reasonable condition, it shall cease to maintain said common property at the end of said year. If the Town shall determine such organization is not ready and able to maintain said common property in a reasonable condition, the Town may, in its discretion, continue to maintain said common property during the next succeeding year thereafter. The cost of such maintenance by the Town shall be assessed at the same proportion as each unit's assessed value bears to the total assessment of the development.
(f) 
For the purpose of regulating the development use of property after initial construction and occupancy, any changes shall be subject to site plan approval by the Planning Board. Properties lying in the area served by marginal access roads are unique and shall be so considered by the Planning Board when evaluating those requests, and maintenance of the intent and function of the planned unit shall be of primary importance.
(g) 
Approval procedures. The Planning Board may approve developments utilizing marginal access roads subject to the procedures and requirements set forth herein.[2]
[2]
Editor's Note: Former Subsection G, Required setbacks from cemeteries, which immediately followed, was repealed 9-11-2003 by L.L. No. 4-2003.
G. 
[3]Large-scale solar energy installations. Site plan and special use permit approval are required for large-scale solar energy installations, subject to the following additional conditions:
[Added 6-11-2015 by L.L. No. 2-2015]
(1) 
Large-scale solar energy installations are subject to the use requirements of § 164-40M, No. 63, of the Zoning Law.
[Amended 10-27-2016 by L.L. No. 4-2016]
(2) 
Ground-mounted solar energy installations require delineation and avoidance of primary conservation areas, in accordance with § 164-41.1E(3)(a) of the Zoning Law. Secondary conservation areas shall be delineated in accordance with § 164-41.1E(3)(a) of the Zoning Law. The Planning Board shall consider such secondary conservation areas, after a site inspection, in the siting of ground-mounted solar energy installations.
(3) 
Setbacks for ground-mounted solar energy installations are subject to special bulk requirements found in § 164-40N of the Zoning Law.
(4) 
All solar energy installations shall be designed to avoid glare and reflection onto adjacent properties and adjacent roadways and shall not interfere with traffic or create a safety hazard.
(5) 
Landscaping of solar energy installations, capable of providing year-round screening if not already provided, shall be installed along all sides in such a way as to not obstruct solar access.
(6) 
A visual analysis shall be provided using line-of-sight profiles, from public viewing locations as defined in § 164-47.1F(3)(a) of the Zoning Law, to proposed solar energy installation locations.
(7) 
Access roads for solar energy systems shall be subject to the driveway specifications in § A168-19 of the Town Code.
(8) 
Fencing seven feet in height, or as required by the National Electrical Code, shall be placed around the utility meter on all large-scale solar energy system installations. Waterproof signage shall be placed immediately adjacent and/or in close proximity to the electric meter that clearly shows the location of the DC disconnect switch. Notification, with a location map, will be sent to the applicable fire district.
[Amended 4-14-2022 by L.L. No. 3-2022]
(9) 
Large-scale solar energy installations are considered abandoned after 180 days without electrical energy generation and must be removed from the property. To ensure the proper removal of large-scale solar energy installations, a decommissioning plan shall be submitted as part of the application. Compliance with this plan shall be a condition of the issuance of a special use permit under this section. The decommissioning plan must specify that after the large-scale solar energy installation can no longer be used, it shall be removed by the applicant or any subsequent owner. The plan shall demonstrate how the removal of all infrastructure and the remediation of soil and vegetation shall be conducted to return the parcel to its original state, prior to construction. The plan shall also include an expected timeline for execution. A cost estimate detailing the projected cost of executing the decommissioning plan shall be prepared by a licensed professional engineer. Cost estimations shall take into account inflation. Removal of large-scale solar energy installations must be completed in accordance with the decommissioning plan. If the large-scale solar energy installation is not decommissioned after being considered abandoned, the Town may remove the system, restore the property and impose a lien on the property to cover the costs or such removal and restoration to the Town.
[Added 10-27-2016 by L.L. No. 4-2016]
[3]
Editor's Note: Former Subsection G, Required setbacks from cemeteries, was repealed 9-11-2003 by L.L. No. 4-2003.
The provisions of this chapter applying to all districts shall be subject to such exceptions, additions or modifications as herein provided by the following supplementary regulations:
A. 
Front yards on narrow streets. Except in the Traditional Neighborhood District, on streets with less than a fifty-foot right-of-way, the front yard requirement shall be measured from the center line of the existing roadway, and 25 feet shall be added to the front yard requirement.
B. 
Rights-of-way. In calculating the required lot area, lot width, depth or yards as part of the required area (including those measured according to § 164-43.2), rights-of-way shown, if any, shall not be considered as part of the required area.
C. 
Underground storage tanks (UST). The installation, construction, or placement of new underground storage tanks or containers of 1,100 gallons or less for petroleum products, including their pipelines, or underground storage tanks, pipelines, or containers for any other toxic chemical is prohibited in connection with all uses including home fuel storage tanks for residential purposes. All above ground storage tanks of 1,100 or less for petroleum products, pipelines, and transfer areas, shall be subject to issuance of a building permit from the Town Building Department and shall, to the maximum extent feasible, be designed to minimize the risk of groundwater contamination by incorporating backup containment structures, impervious surfaces, catchment areas, and other features. Any UST which does not conform to the provisions herein shall be deemed a nonconforming UST and shall be removed by the owner on or before the expiration of five years from the effective date of this chapter, and such lapse of time shall be deemed sufficient to amortize the cost thereof. Nonconforming UST's that are the subject of subdivision, special use permit and/or site plan applications, certificates of occupancy, no-violation letters, or other permit, approval, entitlement, or authorization from the Town of Warwick shall comply with the terms and conditions of this (§ 164-43C) section. This subsection is intended to be consistent with the requirements of the New York State Petroleum Bulk Storage Code found in 6 NYCRR 612, 613, and 614 which regulates storage tanks holding 1,100 gallons or more.
[Amended 1-24-2002 by L.L. No. 2-2002; 9-11-2003 by L.L. No. 4-2003]
D. 
Temporary trailer office. A temporary trailer office may be allowed as a special permit use for a time period as specified by the Planning Board in any district where the form of such use would be permitted, and in all cases as an office for the supervision of construction trades on a site where a building permit has been duly issued. Prior to subdivision, special use permit, and/or site plan approval, the applicant shall file with the Town Board a performance bond to insure the proper removal of said temporary trailer office. The amount and period of said bonds shall be determined by the Planning Board, and the form, sufficiency, manner of execution, and surety shall be approved by the Town Attorney and Town Board.
[Amended 10-24-2002 by L.L. No. 6-2002; 9-11-2003 by L.L. No. 4-2003]
E. 
Required setbacks from cemeteries. In all zoning districts, all buildings, structures and uses of the property shall be in conformance with Chapter 74 of the Town Code, the Burial Ground and Cemetery Protection Law.
[Added 9-11-2003 by L.L. No. 4-2003]
F. 
Erosion control. All building site development activities within the Town of Warwick shall have erosion and sediment controls that meet the standards of the most current version of the New York Guidelines for Urban Erosion and Sediment Control, printed by the Empire State Chapter of the Soil and Water Conservation Society.
[Added 9-11-2003 by L.L. No. 4-2003]
G. 
Neighbor notification. The Planning Board shall require early notification to surrounding landowners of all applications filed with the Town Planning Department for subdivision approval. The Planning Board shall cause notice to be given to all landowners within the areas identified in the Subdivision Regulations §§ 137-8F, 137-9H, and 137-10G. Such notice shall specify that an application for approval has been filed, will be considered by the Planning Board at scheduled Planning Board meetings, and shall be subject to a formal public hearing prior to approval. A sample neighbor notification letter is available from the Town Planning Department. The neighbor notification shall be sent at least seven days prior to the first scheduled Planning Board meeting in which the application has been placed onto a Planning Board agenda. All Planning Board agendas are posted at Town Hall and prior to scheduled meetings on the Town of Warwick website at www.townofwarwick.org.
[Added 4-26-2018 by L.L. No. 2-2018]
[Amended 1-24-2002 by L.L. No. 2-2002; 10-24-2002 by L.L. No. 6-2002; 9-11-2003 by L.L. No. 4-2003; 2-18-2010 by L.L. No. 1-2010; 12-9-2010 by L.L. No. 6-2010; 5-8-2014 by L.L. No. 4-2014]
The purpose of these sign regulations is to strengthen the identity of the Town of Warwick; to preserve rural, natural, historic and scenic beauty by preventing visual sign clutter; to maintain and enhance the aesthetic environment; to support the local economy, help nurture small businesses, and recognize the needs of various types of businesses; to encourage the creative design of signs in character with the context of the community; and to minimize the possible adverse effect of signs on nearby public and private property. The sign regulations are designed to promote and protect the public health, safety, and welfare by regulating signs of all types. They are intended to encourage the use of signs as a means of communication, protect pedestrian and vehicular safety, protect property values, protect and enhance the aesthetic environment, and enhance the Town's ability to attract sources of economic development and growth. The sign regulations are also designed to implement the Town Comprehensive Plan.
A. 
Permit required. A sign, as defined herein, may be erected, constructed, painted, altered, relocated, enlarged, reconstructed, displayed, lit or maintained only as expressly permitted in this chapter and only upon issuance of a sign permit by the Building Inspector. Notwithstanding anything herein to the contrary, noncommercial copy may be substituted for commercial copy on any lawful sign.
B. 
Substitution clause. Any sign authorized pursuant to this section may contain a noncommercial message constituting a form of expression in lieu of other copy.
C. 
Permit procedures. Any person desiring to procure a permit for a sign shall file with the Building Inspector a written application for approval, including payment of a fee as outlined in Chapter 75, Development Fees, which application shall contain:
(1) 
Name, address, and telephone number of applicant and property owner.
(2) 
Location of the building, structure or land upon which the sign now exists or is to be erected.
(3) 
A full description of the appearance of the proposed sign, including:
(a) 
Type of sign and size.
(b) 
Graphic design, including pictorial matter, letters, materials and colors.
(c) 
The visual message, text, copy or content of the sign.
(d) 
The method of illumination, if any, including type of lamp and wattage, the position of lighting or other extraneous devices.
(e) 
Landscaping, if any, including types of vegetation, location of plantings, and planting and maintenance schedule.
(4) 
If a new sign is to be erected, or an existing sign is to be altered in size or elevation, a plan drawn to scale shall be submitted showing the following:
(a) 
If a freestanding sign, a full description of the placement of the proposed sign, specifically its location on the premises, and its position in relation to adjacent buildings, structures, roads, driveways, property lines, other signs, lighting fixtures, walls, and fences.
(b) 
If an awning, window, wall, or projecting sign, a full description of the placement of the proposed sign, which shall cover location on the awning, window, wall or building; the size of the awning, total window area of the principal facade, or the building; projection from the building, if relevant; and the proposed sign's position in relation to adjacent signs and lighting fixtures.
(c) 
For all signs, written consent, or a copy of the contract made with the owner of the property upon which the sign is to be erected, if the applicant is not the owner.
D. 
Exempt signs. The following signs are exempt from the permit requirements of this chapter:
(1) 
Memorial signs or tablets denoting names of buildings and dates of erection when cut into any masonry surface or when constructed of bronze or other incombustible materials and fixed to a building; emblems installed by government agencies, religious or nonprofit organizations, not exceeding two square feet in area per side.
(2) 
Nonilluminated secondary window signs communicating accessory information such as hours of operation, no more than one square foot in size.
(3) 
Nonilluminated real estate "for sale" or "for rent" signs used for the purpose of selling or leasing land or buildings for which subdivision approval is not required, and displayed on the premises for sale or lease, provided such sign is located on the front wall of a building or, if freestanding, does not exceed eight feet in height and is located not nearer than 15 feet to the edge of pavement or side lot line. All such signs shall not exceed four square feet in sign area per side, shall be limited to one per premises, and shall be removed immediately upon sale or lease of the premises.
(4) 
Works of art that do not include a commercial message.
(5) 
Any public notice or warning required by a valid and applicable federal, state or local law or regulation such as traffic or other municipal signs, legal notices, railroad crossing signs, danger and similar temporary emergency signs, signs which are solely devoted to prohibiting trespassing, hunting or fishing.
(6) 
Political, educational, charitable, philanthropic, civic, professional, and religious signs or banners.
(7) 
The sign, poster, flag, pennant or insignia of any government or governmental agency, or any sign reasonably necessary for the exercise of First Amendment rights, provided such sign does not exceed four square feet per side and is located not nearer than 15 feet from edge of pavement.
(8) 
One sign advertising the sale of agricultural produce, grown primarily on land that is considered part of the same farming operation and available seasonally, provided such sign does not exceed four square feet per side and is located not nearer than 15 feet from edge of pavement.
(9) 
Signs indicating the sale price per gallon and octane rating of petroleum products displayed on fuel-dispensing devices as required by New York State Department of Agriculture and Markets, Division of Bureau of Weights and Measures, 1 NYCRR Part 224.
E. 
Prohibited signs. All signs not specifically permitted are prohibited. Prohibited signs include but are not limited to:
(1) 
Off-premises signs (not on the premises of the business they advertise) or billboards except those advertising seasonal rural outdoor recreational facilities.
(2) 
Roof signs.
(3) 
Portable signs as defined herein, except for temporary signs that have been issued a permit. Signs on vehicles parked and used in the normal course of business shall be parked to the rear of the business and shall be screened and buffered to surrounding properties and public viewing locations.
(4) 
Internally illuminated signs. Commercial electronic variable message signs (CEVMS), also known as electronic message centers, digital displays or digital signs, are considered internally illuminated and are prohibited in order to protect traffic safety.
(5) 
Signs with flashing, blinking, intermittent, or moving lights, or any artificial light which is not maintained stationary and constant in intensity and color at all times when in use, except signs displaying time and/or temperature.
(6) 
Signs or promotional displays that contain or consist of banners, pennants, ribbons, balloons, streamers, spinners or similar moving, fluttering or revolving devices.
(7) 
Rotating signs, including all signs and devices which are not permanent in their orientation.
(8) 
Signs that advertise by brand name or insignia any particular brands of products except for those establishments which deal exclusively in one brand or make.
(9) 
Signs and obstructions which may be confused with or obstruct the view of any authorized traffic sign or signal, obstruct the sight distance triangle at any street intersection, or extend into the public right-of-way.
(10) 
Mounted or portable search lighting used to project moving or stationary overhead light beams.
F. 
Temporary signs. All signs of a temporary nature may be granted a temporary sign permit for a period not exceeding the time limits specified herein, before being displayed, except those specified under the exempt signs section[1] of the Zoning Law. The permit shall note the date of the first day the sign may be displayed and the date it must be removed. A security deposit shall be deposited with the Building Inspector to insure removal of the sign(s) upon expiration of the permit period. If any temporary sign is not removed by the expiration of the time limit noted on the application, the Building Inspector, after seven days' written notice to the permit holder to remove such sign(s) (computed from the date of mailing), and after failure of the permit holder to do so, will cause said signs to be removed, and the cash deposit will be forfeited to help defray the cost of removal. The schedule of security deposit fees shall be $50 per sign up to a maximum of $500 for 10 or more signs. Temporary signs are allowed for:
(1) 
Activities or events. Temporary signs shall be permitted for a period not exceeding six weeks prior to the activity or event nor exceeding four days after the activity or event. Such signs shall not exceed 16 square feet in area in business or industrial districts nor eight square feet in area in residential districts.
(2) 
Temporary real estate signs. Temporary real estate signs are permitted for each subdivision receiving final plat approval by the Planning Board.
(a) 
One such sign may be located on each existing town, county or state highway or street on which the subdivision fronts. Said sign(s) shall be permitted only during the period of active sales and in no case longer than one year from the date of final approval. Upon written application from the subdivider, the Building Inspector may extend this period for one additional year, subject to additional one-year extensions, whenever it deems that the circumstances warrant such extension. The applicant shall post a reasonable bond, as determined by the Town Engineer, as a condition for removal. Applicants that wish to obtain approval for permanent installation of such real estate signs shall file an application for and shall obtain special use permit approval from the Planning Board prior to the end of active sales.
(b) 
Each such sign shall not exceed eight feet in height, measured from the ground level to the top of the sign, and shall not be located nearer than 15 feet to any street or lot line or any building, unless attached directly to said building. The total area of each sign shall not exceed 16 square feet.
(3) 
Nonilluminated "garage sale," "yard sale," "barn sale," "tag sale," or similarly descriptive sign is allowed. Said sign is allowed up to four square feet per face in area, located fully on the property on which such sale is being conducted. Such sign shall not exceed one per premises and may be displayed for a period of up to 48 hours in advance of the sale and up to 12 hours after its completion. Any such sign displayed for more than three days out of any month shall be considered a permanent sign and shall require a permit from the Building Inspector.
(4) 
A sign advertising seasonal rural outdoor recreational facilities (e.g., skiing, equestrian, aquatic activities or sale of farm products) shall meet the standards for permanent signs, but may be located, upon a permit from the Building Inspector, on one off-site location fronting on county or state roads, if the recreational facility itself is located not on a county or state road, but on a Town road. Such permit shall specify the months of the year said sign may be displayed; however, the standards or frame on which said sign is hung may be permanently installed.
[1]
Editor s Note: See Subsection D, Exempt signs, of this section.
G. 
Permanent signs within residential districts. Within the Mountain, Rural, Suburban Residence, and the Conservation Zoning Districts of the Town, the following signs are permitted:
(1) 
For each dwelling unit, one nonilluminated nameplate, professional sign, or sign indicating a permitted home occupation, with an area of not over three square feet per face, not nearer than 15 feet to the edge of pavement for the front yard, 15 feet from the side or rear yard property line and, if freestanding, not exceeding four feet in height measured from ground level to the top of the sign. When two home occupations are housed within the dwelling unit and/or accessory building, two signs are permitted, provided that the combined area of the two signs does not exceed three square feet per face.
(2) 
On-site signs:
(a) 
Signs advertising the sale of agricultural produce available seasonally and seasonal rural outdoor recreational facilities (e.g., skiing, equestrian and aquatic activities) shall obtain a temporary sign permit, but shall meet the standards for permanent signs. Such permit shall specify the months of the year said signboard may be displayed; however, the standards or frame on which said sign is hung may be permanently installed. Such signs may be located on a maximum of two off-site locations fronting on county or state roads, if the farm or the recreational facility itself is located not on a county or state road, but on a Town road.
(b) 
Permits for each temporary or seasonal sign may be renewed annually by the Building Inspector if it is found that said sign is in satisfactory condition and otherwise conforms to all zoning requirements.
(3) 
Signs for nonresidential special permit uses in residential zoning districts (excluding home occupations):
[Amended 6-11-2015 by L.L. No. 2-2015]
(a) 
Wall signs (with or without borders) may be as large as one square foot per two linear feet of an establishment's front building wall length or a maximum of 20 square feet, whichever is less. Such sign shall be located on the establishment's principal facade, fascia, or eve.
(b) 
One landscaped monument sign shall be permitted in lieu of a wall sign on each road frontage with a principal facade. Said sign may be erected within the required front yard but must be set back 15 feet or more from the edge of pavement, may be no larger than 24 square feet in area consisting of a maximum of 12 square feet in area per face with a maximum height of eight feet from the ground (including the base) to the top of the sign.
(c) 
Projecting signs as large as 20 square feet on each of two sides; maximum projection of six feet from the building face; minimum clearance from the ground eight feet and maximum clearance 10 feet.
(4) 
Off-site signs. Signs advertising the sale of agricultural produce available seasonally or approved adaptive reuse of agricultural buildings may obtain a permit for up to two off-site signs, provided that such signs conform with the Town of Warwick's directional sign program. Such signs may be located on a maximum of two off-site locations fronting on county or state roads, if the farm or the adaptive reuse facility itself is located not on a county or state road, but on a Town road. Warwick's directional sign program requires that all off-site signs conform with the following standards:
(a) 
The sign area shall be 18 inches high by 24 inches wide and shall consist of one face.
(b) 
The sign materials shall be metal, as approved by the Town of Warwick Highway Department.
(c) 
The sign shall be located within the highway right-of-way, and a valid sign permit shall be obtained from state or county agencies prior to issuance of the Town of Warwick sign permit.
(d) 
The sign shall be six feet from the ground surface to the top of the sign.
(e) 
Sign lettering shall consist of sans-serif lettering no more than four inches high on one to two lines and shall include a directional arrow.
(f) 
The sign colors shall consist of yellow lettering and yellow outline on a brown background as shown on the illustration.[2]
[2]
Editor's Note: Said illustration is included as an attachment to this chapter.
H. 
Permanent signs within other districts.
(1) 
Local Hamlet Business and Traditional Neighborhood Districts.
(a) 
Not more than one sign shall be permitted per establishment.
(b) 
Wall signs (with or without borders) may be as large as one square foot per one linear foot of an establishment's front building wall length or a maximum of 25 square feet, whichever is less. Such sign shall be located on the establishment's principal facade, fascia, or eave.
(c) 
Projecting signs as large as twenty square feet on each of two sides; maximum projection of six feet from the building face; minimum clearance from the ground eight feet and maximum clearance 10 feet.
(d) 
Window signs as large as 20% of the total window area of the principal facade, with a maximum of four square feet; lettering up to eight inches high.
(e) 
Awning signs projecting at least five feet into the sidewalk but no more than seven feet. Lettering up to six inches in height and on the valance only. The extent of lettering may cover a maximum of eight feet in width or 50% of the valance width, whichever is less.
(f) 
In the LB District only, one additional freestanding sign shall be located no closer than 15 feet to the edge of pavement, shall not exceed eight feet in height, and shall be no larger than 12 square feet in area.
(2) 
Office and Industrial Park District.
(a) 
Not more than two signs shall be permitted per establishment. No single sign shall exceed 60% of the maximum size permitted.
(b) 
Signs shall be wall or monument signs. Signs (with or without borders) may be as large as one square foot per one linear foot of an establishment's front building wall length.
(c) 
One sign at each point of access to the lot, and internal directional signs shall be permitted, provided that the individual signs are no more than two square feet on each of two sides and are limited to generic text such as "entrance," "exit," "office," and "parking." Permits will be granted only if the applicant can clearly demonstrate necessity based on motorist safety and that any such directional sign will be set back at least 15 feet from the edge of pavement.
(d) 
One landscaped monument sign identifying the office and industrial park shall be permitted. Said sign may be erected within the required front yard but must be set back 15 feet or more from the edge of pavement, may be no larger than 40 square feet in area consisting of a maximum of 20 square feet in area per face with a height maximum of eight feet from the mean ground surface (including the base) to the top of the sign.
(3) 
Agricultural Industry District.
(a) 
Same as Office and Industrial Park District above.
(b) 
Same as residential districts above, as they apply to the residential, agricultural and recreational uses.
(4) 
Designed Shopping District.
(a) 
Not more than one sign shall be permitted per establishment. Such sign shall be located on the establishment's principal facade.
(b) 
Such sign shall be a wall or a projecting sign. Freestanding signs may not be displayed by individual establishments located within a center. Wall signs (with or without borders) may be as large as one square foot per one linear foot of an establishment's front building wall length or a maximum of 40 square feet, whichever is less. Such sign shall be located on the establishment's principal facade, fascia, or eve. In the event an establishment exceeds the minimum front yard setback for the District, of 150 feet from Route 94 or Kings Highway, the wall sign may be increased in size using a ratio of 3.7 as applied to the front setback or a maximum of 130 square feet, whichever is less. For example, if an existing building had, or a new building was proposed, with a front yard setback from Route 94 or Kings Highway of 250 feet, the maximum wall sign permitted would be 250/3.7 = 68 square feet.
(c) 
A master sign plan is required of establishments that share a lot, parcel or are part of a shopping center. The plan is a sign system to create visual unity among the signs within the plan area and to ensure compatibility with surrounding establishments and structures. The plan shall include specifications to which all signs within the plan area shall conform, including sign size, height, shape, materials, lighting, and location on the establishment. Within these standards, variety of graphic design is encouraged, subject to the design criteria of § 164-43.1I(3).
(d) 
One common freestanding sign, monument, post and arm, or pole style, identifying the shopping center, shall be permitted as follows:
[1] 
Monument signs no larger than 40 square feet in area consisting of a maximum of 20 square feet in area per face, with a height maximum of eight feet from the mean ground surface (including the base) to the top of the sign.
[2] 
Post and arm signs may be as large as 18 square feet in area per face, with a height maximum of 15 feet from the ground (including the post) to the top of the sign. The sign must be set back a minimum of 15 feet from the edge of pavement.
[3] 
Pole signs may be as large as 20 square feet per face, with a height maximum of 15 feet from the ground (including the post) to the top of the sign. The sign must be set back a minimum of 15 feet from the edge of pavement.
(e) 
One sign at each point of access to the lot, for internal direction, shall be permitted, provided that the individual signs are no more than two square feet on each of two sides and are limited to generic text such as "entrance," "exit," "office," and "parking." Permits will be granted only if the applicant can clearly demonstrate necessity based on motorist safety and that any such directional sign will be set back at least five feet from any public right-of-way or property line.
(5) 
Special usage.
(a) 
Club or fraternal lodge. No sign shall be displayed advertising any such activity.
(b) 
Mobile home courts. One nonilluminated sign, containing an area of not more than 16 square feet and located not more than eight feet above ground level at its highest point, may be displayed. Such sign shall be set back at least 20 feet from any public road and at least 50 feet from all other property lines.
(6) 
Community Business District.
(a) 
Not more than two signs shall be permitted per establishment. No single sign shall exceed 60% of the maximum size permitted.
(b) 
Signs shall be wall or projecting signs. Freestanding signs may not be displayed by individual establishments located within a center. Wall signs (with or without borders) may be as large as one square foot per one linear foot of an establishment's front building wall length.
[Amended 12-30-2014 by L.L. No. 7-2014]
(c) 
A master sign plan is required of establishments that share a lot or parcel or are part of a center. The plan is a sign system to create visual unity among the signs within the plan area and to ensure compatibility with surrounding establishments and structures. The plan shall include specifications to which all signs within the plan area shall conform, including sign size, height, shape, materials, lighting, and location on the establishment. Within these standards, variety of graphic design is encouraged, subject to the design criteria of § 164-43.1I(3).
[Amended 6-11-2015 by L.L. No. 2-2015]
(d) 
One common monument or post-and-arm sign identifying the center shall be permitted as follows:
[1] 
Monument signs no larger than 40 square feet in area consisting of a maximum of 20 square feet in area per face, with a height maximum of eight feet from the mean ground surface (including the base) to the top of the sign.
[2] 
Post-and-arm signs no larger than 18 square feet in area per face, with a height maximum of 15 feet from the ground (including the post) to the top of the sign. The sign must be set back a minimum of 15 feet from the edge of pavement.
(e) 
One sign at each point of access to the lot, for internal direction, shall be permitted, provided that the individual signs are no more than two square feet on each of two sides and are limited to generic text such as "entrance," "exit," "office," and "parking." Permits will be granted only if the applicant can clearly demonstrate necessity based on motorist safety and that any such directional sign will be set back at least five feet from any public right-of-way or property line.
I. 
Design criteria. In reviewing sign applications, the Building Inspector shall determine that the sign will meet the following criteria. If, in the judgment of the Building Inspector, sufficient doubt exists as to whether the application can comply with the criteria, referral shall be made to the Planning Board within five days of receipt of the application. The Planning Board, within 30 days of its receipt of the application, shall then consider the design criteria and approve, approve with modifications, or deny the application for a sign permit and notify the Building Inspector of its decision on this matter.
(1) 
General criteria.
(a) 
Signs should be a subordinate part of the streetscape;
(b) 
Signs in a particular area or district should create a unifying element and exhibit visual continuity;
(c) 
Whenever feasible, multiple signs should be combined into one to avoid clutter;
(d) 
Signs should be as close to the ground as practical, consistent with legibility considerations;
(e) 
A sign's design should be compatible with the architectural character of the building on which it is placed and not cover any architectural features on the building;
(f) 
Shall at all times be maintained in a proper state of repair in full compliance with building code, electrical code, and reasonable property maintenance standards;
(g) 
Shall not attempt or appear to regulate, warn or direct highway traffic or to imitate or resemble public notices or warnings such as official traffic signs, signals or devices;
(h) 
Shall not project over property lines or be located within a public right-of-way;
(i) 
Shall not contain luminous material or sequin-studded lettering with fluorescent paint. An exception is allowed for one internally illuminated window sign per business if its size does not exceed two square feet;
(2) 
General rules by sign type.
(a) 
Awning signs. Awning graphics may be painted or affixed flat to the surface of the valance and shall indicate only the name and/or address of the enterprise or premises.
(b) 
Freestanding signs. No more than one freestanding pole sign may be located on a lot.
(c) 
Monument sign. Monument signs shall not be placed so as to impair visibility for motorists.
(d) 
Projecting signs. Projecting signs may not extend above the height of the roofline, and shall have no more than two faces. They shall be securely anchored and shall not swing or move in any manner.
(e) 
Wall signs. The visible edge or border of a wall sign may extend up to nine inches from the face of the wall, fascia, or eve to which it is attached, and may not extend any distance beyond or above the building in any direction.
(f) 
Window signs. Permanent window signs must be painted on or attached directly and permanently to the window.
[1] 
Window signs shall not cover more than 20% of the total front window area per premises.
[2] 
Are permitted in addition to the maximum number of signs allowed per business premises, but the area of the window sign shall be calculated as part of the total permitted square footage. Temporary window signs are exempt from this calculation.
[3] 
Window signs shall not be placed on glass doors or window areas that will impede pedestrian safety or prohibit view by police.
(3) 
Specific criteria.
(a) 
All signs, with the exception of window signs, shall be constructed of wood, metal or other durable material as approved by the Building Inspector.
(b) 
The lettering on any sign may not exceed 60% of the sign area of any one side of the sign, with the exception of signs with no background. The area for lettering shall be computed in accordance with the illustration provided.
(c) 
A primary sign should contain no more than six words to maximize detection and recognition.
(d) 
The color contrast on all signs should consist of light lettering on a dark background. Each sign should contain a maximum of three colors; black and white are not considered colors. Applicants are advised to use a professional sign designer to determine the best relationship between color and conspicuity, which varies depending upon the sign, the sign's background, and whether it will be externally downlighted. Florescent colors are prohibited. Artwork is exempted from the color restriction.
(e) 
The Building Inspector may require that landscaping be used at the base of a freestanding sign if such landscaping will make the sign more compatible with the surrounding area. Required landscaping may include one or more of the following types of vegetation: ivies, grasses, flowers, bushes, small trees or other plant materials. The Building Inspector need not approve a sign application if landscaping is deemed insufficient.
(f) 
Signs may only be externally illuminated as per the provisions of § 164-43.4 of this chapter. Downlighting is preferred; however, uplighting may be permitted by the Planning Board and/or Building Department if fully shielded to prevent off-site light trespass in compliance with § 164-43.4. Internally illuminated signs that were in existence on January 1, 2015, may continue for a period of 10 years from said date. Furthermore, the internally illuminated sign:
[Amended 6-11-2015 by L.L. No. 2-2015]
[1] 
Shall not be altered, enlarged or replaced. Any alteration, enlargement, or replacement shall be subject to § 164-43.1K of the Zoning Law;
[2] 
Shall not be illuminated between the hours of 10:00 p.m. and 6:00 a.m., unless the sign identifies an establishment open for business during those hours;
[3] 
Shall not be brighter than is necessary for clear and adequate visibility;
[4] 
Shall not be of such intensity or brilliance as to impair the vision of a motor vehicle driver or to otherwise interfere with the driver's operation of a motor vehicle; and
[5] 
Shall not be of such intensity or brilliance that it interferes with the effectiveness of an official traffic-control sign, device or signal.
(g) 
Existing signs meeting all design criteria at the time of adoption of the 2002 Zoning Law, with the exception of color, shall not be required to comply with the color requirements of § 164-43.1I(3)(d) above.
(4) 
Sign design guidelines. The Town Board-adopted design guidelines shall be used as a guideline to applicants and as an aid to the administration of this section.
J. 
Removal of signs.
(1) 
Abandoned signs. Any sign, existing on or after the effective date of this chapter, which no longer identifies an existing business conducted or product sold on the premises, shall be removed by the owner of the premises upon which such sign is located. The Building Inspector, upon determining that such sign exists, shall give written notice to the named owner of the building on which the sign is mounted or, if the sign is freestanding, to the named owner of the land upon which the sign is located, who shall, unless good cause is shown, remove the sign within 30 days from the date of the written notice. If no action is taken by the owner, within said time period, the Building Inspector may issue a violation or cause the sign to be removed and request the Town Board to assess the owner for all costs incurred for such service.
(2) 
Unsafe signs. The Building Inspector may cause any sign which is a source of immediate peril to persons or property to be removed immediately and without notice.
(3) 
Unauthorized temporary signs. Any temporary sign that is not permitted by this section may be removed immediately and without notice by the Building Inspector. The Building Inspector, upon determining that such sign exists, shall remove the sign and may issue a violation to the sign owner and request the Town Board to assess the owner for all costs incurred in accordance with Chapter 75, Development Fees.
K. 
Nonconforming signs. Any sign which does not conform to the provisions herein shall be deemed a nonconforming sign and shall be taken down and removed by the owner on or before the expiration of five years from the effective date of this Zoning Law, and such lapse of time shall be deemed sufficient to amortize the cost thereof. Nonconforming signs that are the subject of subdivision, special use permit and/or site plan applications, certificates of occupancy, no-violation letters, or other permit, approval, entitlement, or authorization from the Town of Warwick shall comply with the terms and conditions of this section (§ 164-43.1). Any other sign not in conformance with this section shall be deemed an illegal sign and shall be removed within 30 days of notifications by the Town Building Department.
L. 
Historically significant signs. Historically significant signs, which may contribute to the cultural, historic and aesthetic character of the Town, may be exempted from any or all of the requirements of § 164-43.1 when an applicant files a specific request for exemption and the Town finds that the following conditions exist. Each such request shall be accompanied by a statement outlining the reason for the request, including written or pictorial information documenting the sign's history, original and current purpose, colors and other relevant details which may be helpful in evaluating the request.
(1) 
The sign is of exemplary technology, craftsmanship, or design of the period in which it was constructed.
(2) 
The sign uses historic sign materials such as wood, metal or paint applied directly to a building and is not significantly altered from its historic period. If the sign has been altered, it must be restored to its historic function and appearance.
(3) 
The sign is integrated into the architecture of a period building.
(4) 
A sign not meeting the criteria listed above in Subsections (1) through (3) may be considered historically significant if it demonstrates extraordinary aesthetic quality, creativity, or innovation in design, as determined by the Town.
M. 
Definitions. The following definitions apply to terms used in this section:
AWNING
Any nonrigid material such as fabric or flexible plastic that is supported by a frame that is attached to an exterior wall.
PRINCIPAL FACADE
The face of a building which contains the primary entrance to the establishment.
SIGN
Any material, structure or device, or part thereof, composed of lettered or pictorial matter displaying an advertisement, announcement, notice or name, and including any declaration, demonstration, display, representation, illustration or insignia used to advertise or promote the interests of any person or business or cause when such is placed in view of the general public.
SIGN, AREA
Includes all faces of a sign measured as follows:
(1) 
When any sign is framed or outlined, all of the area of the frame or outline shall be included;
(2) 
Sign measurement shall be based upon the entire area of the sign with a single continuous perimeter enclosing the extreme limits of the actual sign surface, not including structural supports if they are not used for advertising purposes;
(3) 
The area of a sign consisting of an insignia or other device, but without background, shall be calculated as the smallest polygon or circle possible enclosing the insignia.
SIGN, AWNING
Any visual message on an awning.
SIGN, FREESTANDING
Any sign not attached to or part of any building but permanently affixed, by any other means, to the ground. Included are pole, post-and-arm, and monument signs.
SIGN, HEIGHT
The height of a freestanding sign shall be measured vertically from the established average grade directly below the sign or entry level of the building or structure, whichever is lower, to the highest point of the sign, including support structures.
SIGN, INTERNALLY ILLUMINATED
A sign lighted by or exposed to artificial lighting that shines through a plastic or other translucent or transparent covering. Use of neon, electronic variable message signs and other similar signs are considered internally illuminated.
SIGN, LIGHTING
External white light used to illuminate a sign.
SIGN, MONUMENT
A freestanding sign either with a base affixed to the ground or mounted on short poles no greater than two feet high.
SIGN, OFF-PREMISES OR BILLBOARD
A sign which does not identify a business or a profession conducted, or a commodity or service sold or offered, upon the premises where such sign is located.
SIGN, POLE
A freestanding sign with the base of the actual sign area at least five feet above the ground supported by vertical pole(s).
SIGN, PORTABLE
A sign, whether on its own trailer, wheels or otherwise, designed to be movable and not permanently affixed to the ground, a building, structure or another sign. Included are signs and advertising devices which appear on permanent delivery/pickup containers, and commercial vehicles consistently parked in highly visible locations which are obviously positioned to constitute advertising. This definition does not apply to signs or lettering on buses, taxis, or vehicles operating during the normal course of business.
SIGN, POST-AND-ARM
A freestanding sign comprised of a vertical post to which a perpendicular arm is attached and from which the sign hangs.
SIGN, POSTER
A sign affixed to trees, other natural vegetation, rocks, or utility poles.
SIGN, PRIMARY
An establishment's principal sign, i.e., the sign which identifies the business to passersby, communicating the most pertinent information.
SIGN, PROJECTING
A sign attached to a building wall or structure that projects horizontally or at a right angle more than nine inches from the face of the building.
SIGN, ROOF
A sign erected on a roof or extending in height above the roofline of the building on which the sign is erected.
SIGN, SECONDARY
A sign which communicates accessory information, e.g., hours of operation, different products sold.
SIGN SETBACK
The distance from the property line to the nearest part of the applicable building, structure or sign, measured perpendicularly from the property line.
SIGN, TEMPORARY
Any sign that is displayed only for a specified period of time and is not permanently mounted.
SIGN, WALL
A sign that is painted on or attached directly to the outside wall of a building, with the face of the sign parallel to the wall and having a visible edge or border extending not more than nine inches from the face of the wall, fascia, or eve to which it is attached.
SIGN, WINDOW
A sign visible from a sidewalk, street or other public place, affixed or painted on glass or other window material, or located inside within four feet of the window, but not including graphics in connection with customary window display of products.
A. 
Purpose. The purpose of the off-street parking and loading regulations is to ensure that such uses are treated as accessory uses, that they do not predominate the site, are placed to the side and rear of buildings to minimize their visibility, and feature quality landscaping to reduce the visual impact of glare, headlights, and parking lot lights from roadways and neighboring properties. Off-street parking areas should complement the buildings on a site, improve the appearance of the Town of Warwick, protect the character of residential, business, institutional, and industrial areas, and conserve the value of land and buildings on surrounding properties.
(1) 
Permitted accessory uses. Off-street parking spaces, open or enclosed, are permitted accessory to any use, subject to the provisions of this section. Off-street loading berths, open or enclosed, are permitted accessory to any use except residences for one or two families. No off-street loading berth shall be located in a front yard.
(2) 
Schedule of requirements.
(a) 
Accessory off-street parking and loading spaces, open or enclosed, shall be provided for any lot as specified below. Any land which is developed as a unit under single ownership and control shall be considered a single lot for the purpose of these regulations.
Table of Uses and Parking Space Requirements
Use
Parking Spaces Required
Loading Spaces Required
Residential
1/dwelling unit
None
Accessory/secondary dwelling
Class 1 home occupation
1/500 square feet of GFA devoted to the home occupation
None
Class 2 home occupation
1/500 square feet of GFA devoted to the home occupation
None
Convalescent or rest homes
0.33/resident
None
Senior apartment dwelling unit
0.65/1-bedroom unit, plus 0.85/ 2-bedroom unit
None
Senior congregate dwelling unit
0.65/1-bedroom unit, plus 0.85/ 2-bedroom unit
None
Senior townhouse dwelling unit
1/1-bedroom unit, plus 1.25/2-bedroom unit
None
Senior two-family dwelling unit
1/1-bedroom unit, plus 1.25/2-bedroom unit
None
Single-family dwelling unit
2/dwelling unit
None
Summer colonies
1/2 dwelling units
None
Tourist, boarding and lodging houses
1 per sleeping room or unit, plus any spaces required for meeting rooms, plus 1 for each 4 employees on the peak activity shift
As required for restaurant and meeting rooms
Two-family dwelling unit1
1.5/1-bedroom unit plus 2 spaces/ 2-bedroom unit
None required for the first 25 units; thereafter 1 for every 100 units per building
Retail
Convenience retail
4/1,000 square feet GFA
Same as general retail
Farm markets
4/1,000 square feet GFA
Same as general retail
Farm stands selling agricultural and nursery products
4/1,000 square feet GFA
None
General retail
3.3/1,000 square feet of GFA
None for the first 10,000 square feet GFA, then 1/30,000 square feet up to 65,000 square feet
Hard goods retail
2.5/1,000 square feet GFA interior sales space plus 1.5/1,000 square feet interior storage
Same as general retail
Motor vehicle sales and service
2.5/1,000 square feet GFA interior sales space plus 1.5/1,000 square feet of external display (does not include stock areas closed to the public) plus 3/service bay
Same as industrial
Other retail/ service uses
As determined by the Planning Board
Same as general
Personal service
2/treatment station, but not less than 4/1,000 square feet GFA
None
Service retail
2.4/1,000 square feet GFA
Same as general retail
Food and Beverage
Eating and drinking places
12/1,000 square feet GLA plus any spaces required for banquet and meeting rooms
1/30,000 square feet GLA
Eating and drinking places, drive-in restaurants and fast-food
16/1,000 square feet GLA for kitchen, serving counter and waiting area plus 0.5 seat provided
With indoor seating area 1; with no seating area, none
Office/Business Services
Business and professional offices
3.6/1,000 square feet GFA for GFA up to 30,000 square feet; 3/1,000 square feet GLA for buildings with GFA over 30,000 square feet
None for the first 30,000 square feet GFA then 1 thereafter
Funeral homes
1/3 persons accommodated at capacity 1 per 2 plus employees
1/chapel which shall be 10 feet wide, 20 feet long, and 71/2 feet high
Medical offices
6/1,000 square feet GFA for GFA up to 5,000 square feet; 5.5/1,000 square feet GLA for buildings with GFA over 5,000 square feet
None for the first 30,000 square feet GFA then 1 thereafter
Industrial
Manufacturing
2/1,000 square feet GFA plus any required spaces for offices, sales, or similar use or as special conditions may require
1 / 10,000 square feet up to 50,000 square feet GFA plus one for each 50,000 square feet thereafter
Warehouse, self-storage
3 at the office; access to individual storage units shall provide for loading of vehicles without impeding traffic flow through the facility
None
Wholesale sales/storage, warehouses
0.5/1,000 square feet GFA plus any required spaces for offices, sales, or similar use or as special conditions may require
1 / 50,000 square feet GFA
Institutional/Recreational
Bowling alleys
0.33/person in permitted capacity
None
Campgrounds
1/camp site
None
Camps
1/2 members or accommodations (whichever is greater)
None
Clubs and fraternal lodges
1/1,000 square feet GFA but not less than 1/5 seats
None
Hospitals or sanitariums
0.4/employee plus 1/3 beds plus 1/5 average daily outpatient treatments plus 1/4 members of medical staff
1/100,000 square feet GFA
Institutions of higher learning, public libraries, museums, state-accredited private schools
To be established the Planning Board based on a study of parking needs prepared specifically for the subject institution
To be estab- lished by the Planning Board based on a study of load- space needs prepared specifically for the subject institution
Nursery school
1/employee plus 0.1/person of capacity enrollment plus drop-off spaces equal to one for each 8 enrollees permitted
None
Place of public assembly
0.25/person in permitted capacity
1/100,000 square feet GFA
Recreational facility
0.33/person in permitted capacity
1/100,000 square feet GFA
NOTES:
1Includes two-family and townhouse style dwellings.
(b) 
Reasonable and appropriate off-street parking and loading requirements for structures and uses which do not fall within the categories listed above shall be determined by the Planning Board upon consideration of all factors entering into the parking needs of each such use.
(c) 
Definitions. As used in this chapter, the following definitions shall govern the interpretation of the parking regulations. The uses enumerated and similar uses not specifically defined may be located as stand-alone facilities (in separate buildings), combined in buildings generally housing a number of similar uses or located in mixed-use facilities where a wide range of nonrelated uses may be combined in a single building, or development complex.
EMPLOYEE
The regular working staff, (paid, volunteer or otherwise) at maximum strength and in full time equivalent numbers necessary to operate, maintain or service any given facility or use under normal levels of service.
GARAGE, PRIVATE
An accessory building housing motor vehicles (not more than one of which may be a commercial vehicle of not more than three tons gross vehicle weight) which are the property of and for the private use of the occupants of the parcel on which the private garage is located.
GARAGE, PUBLIC
Any building or premise (except those used as a private garage or off-street parking facility) used for equipping, repairing, hiring, selling or storing motor vehicles.
GROSS FLOOR AREA (GFA)
The gross floor area, including the exterior building walls, of all floors of a building or structure. GFA shall include all occupiable areas minus the following deductions:
[1] 
Vehicular parking and loading areas within the structure.
[2] 
Floor area occupied by HVAC (heating, ventilating and air conditioning), mechanical, electrical, communications and security equipment or apparatus.
GROSS LEASABLE AREA (GLA)
The gross floor area minus the following floor area deductions:
[1] 
Elevator shafts and stairways.
[2] 
Public restrooms.
[3] 
Public lobbies, common mall areas, atriums and courtyards provided solely for pedestrian access to the building from the exterior, and/or for aesthetic enhancement or natural lighting purposes.
[4] 
Permanently designated corridors (i.e., not subject to relocation by the requirements of a specific lease).
OCCUPIED SPACE
An area enclosed or covered providing a ceiling height of seven feet, zero inches or more, intended for normal use by people on an occasional or more frequent basis. Occupied space may include basements, cellars, penthouses, attic space and interior balconies or mezzanines if the space is intended for use or habitation.
OFF-STREET PARKING FACILITY
Parking spaces located in an area other than on a street or public right-of-way and limited in use to vehicles not exceeding a gross vehicle weight of three tons or not parked continuously for periods of more than 48 hours, except in facilities designated for special uses such as airport parking. Parking facilities include the following subclasses:
[1] 
SURFACE PARKING LOTA parking facility constructed on prepared grade and without a covering roof or structure.
[2] 
OPEN PARKING STRUCTUREA parking area or facility, comprising one or more floors as a part or whole of a building, that meets the requirements for natural ventilation as specified by the New York State Building Code.
[3] 
ENCLOSED PARKING STRUCTURE.A parking area or facility comprising one or more floors as a part or whole of a building, that does not meet adopted Building Code requirements for openness.
(d) 
Use categories. For the purpose of calculating parking and loading requirements, uses are defined as follows:
[1] 
Cultural/recreational and entertainment.
[a] 
Public assembly, including art galleries; auditoriums; community and recreational centers; convention rooms; ballrooms; meeting rooms and exhibit halls; libraries; museums; movie and performing arts centers; stadiums and arenas; funeral homes; churches, synagogues and mosques; outdoor theaters/festival/drama; and mausoleums.
[b] 
Public recreation, including bowling alleys, gymnasiums, health clubs, roller and ice skating rinks, tennis, racquetball, swimming and other recreational facilities.
[c] 
Educational, including grade and secondary schools, colleges, special education facilities, trade schools, adult education facilities or testing/research facilities used for or in conjunction with educational purposes.
[2] 
Food and beverage services.
[a] 
Quality restaurant, including restaurants, lounges, and bars with or without dancing and entertainment facilities, which provide only seated table service.
[b] 
Family restaurant, without a bar or lounge area which provides food delivered to tables or dining counters, and only incidental carry-out service.
[c] 
Alcoholic beverages may be served with meals only.
[d] 
Fast food, including delicatessens, carry-out, etc., which provides quickly or previously prepared foods from a serving counter. The patron carries the food out or to a separated indoor or outdoor seating area, if provided.
[3] 
Governmental. Federal, state, county, Town and municipal buildings of all types and facilities used by public or quasi-public agencies that serve or assist the public or provide an accepted public purpose.
[4] 
Industrial. Manufacturing, processing, assembly, and/or packaging plants of all types.
[5] 
Office and business services.
[a] 
General business offices, including accounting; advertising; architectural/engineering/planning; bookkeeping; business and management consulting; charitable; consumer protection; corporate credit reporting; data processing; detective services; interior decorating (without furniture showrooms); legal offices; newspaper and newspaper distribution; philanthropic or professional membership business associations; publishing houses (without printing plants); public relations; religious services; research labs; stenographic services; syndicator offices; title abstracting; travel agencies and window cleaning services.
[b] 
Financial services offices, including collection services; commodity or security broker/dealer; currency exchange; employment agencies; employment services; financial institutions including banks, savings and loans, credit unions, with or without drive-in facilities; general business offices; financial counseling; income tax preparation; insurance agencies/brokers/service offices; loan companies; labor unions; public relations; real estate offices; etc.
[c] 
Medical offices; dentists; physicians; chiropractors, psychiatrist/psychologist; nonresidential psychiatric, alcoholic and narcotic treatment centers; dental and medical laboratories; medical clinics and outpatient surgery/treatment centers; offices for the fitting and repair of hearing aids, prosthetic appliances, etc.
[d] 
Home occupation offices, including such services, provided solely by the owner or tenant, as accounting, insurance, public relations, tax preparation, legal, stenographic, planning and design and similar activities.
[6] 
Residential uses.
[a] 
Single-family dwellings, including detached houses and duplexes, townhouses, and clustered dwelling units that may be attached but have separate entrances and/or parking areas for each unit or common parking areas serving two or more units.
[b] 
Multifamily dwellings, including condominium and apartment buildings with common entranceways and/or parking areas, for two or more dwelling units.
[c] 
Elderly housing, any multifamily dwelling occupied 90% or more by persons 60 years of age or older.
[d] 
Accessory dwelling units, above, below or on the same floor level as the primary nonresidential use within the same building, as well as separate dwelling units attached or adjacent to the primary dwelling unit and on the same parcel of land and intended for use by dependents, household providers or relatives of the occupants of the primary residential unit.
[e] 
Sleeping rooms, including boarding, lodging, and bed-and-breakfast in houses, rectories and convents, and rooms that are rented or used on an individual basis by nonfamily members.
[f] 
Commercial lodging, including hotels, motels, motor lodges and motor courts.
[g] 
Group, convalescent and nursing homes, where unrelated persons reside under supervision for special care, treatment, training or other purposes, on a temporary or permanent basis.
[h] 
Day-care centers, where unrelated persons are cared for during limited periods each day in a supervised facility.
[i] 
Hospitals, including teaching and specialized medical centers, sanitariums, and residential alcoholic, psychiatric and narcotic treatment facilities that provide for temporary or long-term resident patient care.
[7] 
Retail/service uses.
[a] 
General retail, including generally the sale of items such as antiques; art; art supplies; bicycles; books; camera and photographic supplies; china and glassware; clothing; coin and stamp; crafts/needlework; discount/mass merchandising; drapery/curtain/window coverings; dry goods; fabrics and sewing accessories; floor coverings; furriers and fur apparel; gifts/novelty/souvenirs; hobby; jewelry; linens/sheets/towels; leather/luggage/suitcases; musical instruments; optical shops; newspapers and magazines; retail florist (no greenhouse); paint and wall coverings; pet shops; records/audio/stereo/TV; school and office supplies; secondhand and resale; shoes; small electrical appliances; specialty; stationary; tobacco; toys.
[b] 
Convenience retail, including bakeries and confectioneries (nonmanufacturing); butchers/meat shops; dairy products; eggs and poultry; fish and seafood; fruit and vegetables; frozen desserts (without customer seating tables); grocery/supermarkets; liquor; laundry/dry cleaning (pickup station only); pharmacy/drug; film/video rentals.
[c] 
Service retail, including drapery services; direct selling; appliance repair, tool and appliance rentals; mail order; merchandise vending; printing/copy; shoe repair; pawn shops; photographic studios; tailoring and dressmaking; upholstery.
[d] 
Hard goods retail, automotive parts and supplies (without repair facilities); furniture; key and lock; hardware; wholesale florists; garden supply; greenhouse; nurseries; truck gardens and orchards; lumber and building supplies; household appliances; lighting and electrical supplies; pool and patio furniture; and sales display and showrooms for any building product (including millwork, cabinets, plumbing, glass and mirror, fencing, swimming pools/spas/hot tubs, etc.).
[e] 
Shopping centers, with two or more individual stores, provided in the same building or attached buildings, and GLA totaling more than 10,000 square feet.
[f] 
Personal care services, including barber and beauty shops, cosmetology and cosmetic salons; diet counseling centers; electrolysis/hair removal salons; and fingernail salons.
[g] 
Coin-operated laundry and coin-operated dry cleaning facilities, with or without attendant services and/or a pickup station for outside dry cleaning service.
[h] 
Other retail/service uses, including animal clinics/hospitals/veterinarian offices; kennels and pounds.
[i] 
Temporary retail, including roadside stands and outdoor markets.
[j] 
Motor vehicle sales and service, including automotive sales; gasoline and/or diesel fuel stations; automotive rental agency; marine craft sales and service; engine and motor repair shops; automotive glass/muffler/painting/tire/upholstery/repair shops, recreational and sports vehicle sales and service.
[k] 
Motor vehicle laundries and washing facilities, including facilities for washing, waxing and cleaning of vehicles and vehicle components but expressly prohibiting facilities or equipment for the repair, overhaul or storage of motor vehicles or vehicle components.
[8] 
Storage/wholesale/utility. Self-storage warehouse, with secured, individual storage units which are leased for a fee to individual companies or persons.
(3) 
Areas computed as parking spaces. Areas which may be computed as open or enclosed off-street parking spaces include any private garage, carport or other area available for parking, other than street or a driveway except in the Traditional Neighborhood District. A driveway for a one-family or two-family residence may count as one parking space, other than on a corner lot, where the visibility at intersections is to be safeguarded as provided in § 164-41B.
(4) 
Size and location of parking spaces. All off-street parking should be located behind or to the side of the principal building(s) but in no case within 50 feet of the designated front lot line or right-of-way. Parking spaces shall be screened from public view to the maximum extent practicable, provided such screening does not interfere with safety standards for sight distance. Within the LB, CB, and TN-O Zoning Districts, the Planning Board is authorized to require that all off-street parking be located behind or to the side of the principal building(s) and to reduce applicable front yard setbacks to allow placement of buildings nearer to the street, when parking is provided wholly at the rear of buildings and to link the site to the street front and sidewalk systems, whether existing or planned. Off-street parking in the CB District shall additionally meet the Design Standards found in Appendix A[1] of the Zoning Law. Two hundred fifty square feet shall be considered one parking space, to provide room for standing area and aisles for maneuvering. Entrance and exit roadways shall not be computed as parking space except for one-family and two-family residences as in Subsection A(3) herein. The minimum stall width shall be nine feet (9'), the minimum length eighteen feet (18'). Provision shall be made at convenience retail facilities for shopping cart collection areas. Recommended parking dimensions are shown in the illustration below:
[Amended 9-11-2003 by L.L. No. 4-2003; 2-18-2010 by L.L. No. 1-2010; 12-9-2010 by L.L. No. 6-2010]
[1]
Editor’s Note: Appendix A is on file in the Town offices.
(5) 
Access. Unobstructed access to and from a street shall be provided. Such access shall consist of at least one ten-foot lane for parking areas with fewer than 20 spaces and at least two ten-foot lanes for parking areas with 20 spaces or more.
(6) 
Drainage and surfacing. All open parking areas shall be properly drained, and all such areas of over 10 spaces shall be provided with a suitable surface as specified by the Town Engineer.
(7) 
Landscaping. Parking lot landscaping is in addition to all other landscaping requirements of this chapter. See § 164-46G(3)(n) for landscaping requirements of all uses requiring special use permits and/or site plan approval. In parking lots of one acre or more, at least 15% of the area between the inside perimeter of the parking surface of the parking area shall be landscaped and maintained with trees, shrubs and other plant materials, as determined necessary by the Planning Board. Natural landscaping can count as part of the fifteen-percent requirement. In all parking lots providing eight or more off-street parking spaces, a minimum of one canopy tree having a caliper of at least three inches and 10 shrubs shall be planted for each eight parking spaces and any additional portion thereof, said tree(s) to be planted in median dividers, landscape islands or such other locations as may be determined by the Planning Board to relieve the monotonous expanse of asphalt and provide shade for parked vehicles. The following principles of off-street parking lot design shall be considered in developing a landscape plan. It is recognized that each site is different due to topography, the presence of surface water resources, and other factors, such as snow removal. Therefore, while the use of all principals is encouraged in parking lot design, each may not be attainable on every site.
[Amended 10-24-2002 by L.L. No. 6-2002; 9-11-2003 by L.L. No. 4-2003]
(a) 
Use of native species is highly encouraged since such species are tolerant of Southeastern New York's climate, are generally disease resistant, do not create unusual maintenance problems, and are readily available from local nurseries. Use a variety of tree species to provide visual interest, to protect against same species die-out or disease, and be tolerant of road salt. Large leafed and/or fruiting trees should be avoided.
(b) 
To reduce the visual impact of the parking lot, provide a ten-foot wide landscape strip around the perimeter of the lot, to be planted with shade trees and low shrubs. Provide a minimum of one shade tree every 35 feet of lot perimeter but not necessarily at 35 feet on-center. In the judgment of the Planning Board, additional shade trees and sufficient shrubs may be necessary to effectively shade/screen the parking lot.
(c) 
Break up the blacktop and reduce stormwater runoff by using bricks, pavers, or textured surfaces for crosswalks. For uses subject to seasonal fluctuations, establish overflow parking using pervious surfaces such as cellular concrete blocks where the interstices of the blocks are filled with earth and planted with grass. The Planning Board remains responsible for determination of the adequacy of parking supply demand.
(d) 
Divide the rows of parking with planting strips and trees, averaging a tree every six to 10 spaces. Planting strips should be a minimum of eight feet in width.
(e) 
Provide diamond-shaped tree islands six feet wide for every four to six parking stalls.
(f) 
Reduce visual impacts by breaking up large parking lots into smaller parking groves and parking courts with a significant number of shade trees and surrounded by low hedges, stone walls, or attractive fencing. Avoid more than 15 parking spaces in a continuous row and more than 60 spaces in any single parking area defined by landscaping.
(g) 
Create large planting islands (over 500 square feet) to be located throughout the lot and planted with shade trees, low shrubs, and/or ground cover. These should preferably be located at the ends of parking rows.
(h) 
Provide planting islands between every 15 spaces to avoid long rows of parked cars. Each of these planting islands should provide at least one shade tree.
(i) 
Landscaping should be used to delineate vehicular and pedestrian patterns. Clear and legible signs, different color and texture paving materials, raised or inverted areas, and other techniques should be used to further direct the flow of both vehicular and pedestrian traffic within the lot.
(j) 
Use existing woodlands, if located on the site, by preserving as much as possible along the perimeter of the lot. Provide additional evergreen shrubs if needed.
(k) 
At least 25% of the shade trees should be evergreen type.
(l) 
The use of nonplant materials as part of the landscape plan is encouraged, especially where such materials exist on the subject site. These materials may include the following: large landscape quality boulders, water features, wood or concrete soil retaining devices, gravels, concrete garden amenities, and approved mulch materials.
(m) 
Lighting should complement the landscaping and architectural features on the site, should be distinctive and human-scale, and should avoid excessive glare or wasted light. See § 164-43.4 for lighting standards.
(n) 
In large parking lots, separate pedestrian walkways should be provided to allow safe movement within the lots. These facilities should generally be oriented perpendicular to and between parking bays. Adjacent to the walks, trees should be planted. Coordinate pedestrian walkways with access for public transit if available or planned. The following walkway guidelines also apply:
[1] 
One walkway can serve as a collector for up to four bays of parked cars.
[2] 
The walkway should be a minimum of four feet wide, allowing an additional 30 inches on each side for overhanging of automobiles.
[3] 
All walkways should be raised to a standard sidewalk height and should be constructed of different paving material than the parking lot.
[4] 
Provide pedestrian and bicycle amenities, such as benches, shade, human-scale lighting, and bicycle racks.
(o) 
All plant material used to landscape parking lots is to be maintained at all times in a living and growing condition. Assurance shall be in accordance with the landscape requirements found in § 164-46G(3)(n)[3].
(8) 
Joint facilities. Required parking spaces, open or enclosed, may be provided in spaces designed to serve jointly two or more establishments whether or not located on the same lot, provided that the number of required spaces in such joint facilities shall not be less than the total required for all such establishments.
(9) 
Design standards.
(a) 
Parking facilities shall be designed with regard for orderly management, topography, landscaping, ease of access, and shall be developed as an integral part of an overall site design.
(b) 
Parking spaces shall have wheel stops or curbs to prevent injury to trees and shrubs planted in landscaped islands.
(c) 
Bicycle parking spaces and racks shall be provided in an area that does not conflict with vehicular traffic. Designated van/car pool parking, and other facilities for transportation alternatives to single occupancy vehicle use shall be provided wherever practical.
(d) 
All above-ground loading facilities shall be oriented to preserve auditory privacy between adjacent buildings, and shall be screened from public view to the extent necessary to eliminate unsightliness.
(10) 
Screening from residential uses.
(a) 
Whenever a parking lot of five spaces or more abuts the side or rear lot line of a lot in a residence district, or any land in residential use, said parking lot shall be effectively screened from such adjoining lot by a substantial wall, fence, or berm, or a thick evergreen hedge, with a height of not less than six feet at the time of planting and pruned to a height of not less than 61/2 feet. In order to break the visual monotony of a wall when walls are used, at least one shrub or vine shall be planted abutting the wall within each 10 feet but not necessarily evenly spaced 10 feet apart. In lieu of the vine or shrub requirement, the Planning Board may approve a wall having a significant design variation spaced at intervals of not more than 20 feet.
(b) 
Whenever a parking lot is located across the street from land in any residence district, or any land in residential use, it shall be screened from the view of such land by a thick hedge located along a line drawn parallel to the street and a distance of five feet therefrom, such hedge to be interrupted only at points of ingress and egress. The open area between such hedge and the street shall be landscaped in harmony with the landscaping prevailing on neighboring properties fronting on the same street.
(c) 
Identification and directional signs located on the street side of such screening as provided in § 164-43.2A(10)(a) and (b) herein shall not exceed an area of two square feet each and shall be limited to such number as are essential for the particular use.
(11) 
Trailers (camping or travel), motor boats, and commercial vehicles.
[Amended 9-11-2003 by L.L. No. 4-2003]
(a) 
The outdoor storage, parking or use of camper or travel trailers; motor boats; storage containers, including but not limited to metal shipping and/or truck-body containers, regardless of size; and commercial vehicles are hereby prohibited in all districts, except that:
[Amended 6-9-2011 by L.L. No. 3-2011]
[1] 
One camper or travel trailer may be stored, but not used for any purpose, on an occupied lot (or on an adjacent unoccupied lot, if both lots are under common ownership). Said camper or travel trailer shall not be located between the street line and the principal buildings and shall not exceed 40 feet in length. The location of the camper or travel trailer on the lot shall conform to side and rear yard requirements governing accessory uses. Any and all of these dimensional requirements maybe waived by the building department where lot configuration does not permit compliance.
[2] 
Camper or travel trailers and other recreational vehicles may be used only in a duly established camping or travel trailer camp or park or similar facility.
[3] 
One commercial vehicle not exceeding 26 feet in length may be parked on an occupied lot in any residence district, but not within the required yards of such lot and in no case between the street line and the principal building.
[4] 
One commercial vehicle not exceeding 26 feet in length may be parked within a private garage in any residence district.
[5] 
Commercial farm vehicles are permitted as accessory to a commercial farm use in any district where commercial agriculture is permitted
[6] 
Storage containers may be permitted by the Building Department as storage sheds on property owned by a NYS registered not-for-profit entity provided that screening is provided to the satisfaction of the Town Code Enforcement Officer.
[Added 6-9-2011 by L.L. No. 3-2011]
(b) 
Not more than one motor boat may be stored in the open on a lot (or on an adjacent lot, if both lots are under common ownership) in a residence district and such storage shall conform to side and rear yard requirements governing accessory uses.
(12) 
Driveways. No driveway shall provide access to a lot located in another district, which lot is used for any use prohibited in the district in which such driveway is located.
B. 
Additional requirements for off-street loading berths.
(1) 
Accessory open or enclosed off-street loading berths shall be provided for any lot or any use as specified herein. Any land which is developed as a unit under single ownership and control shall be considered a single lot for the purpose of such requirements.
(2) 
Size, location and access. Each required loading berth shall be at least 12 feet wide, 33 feet long and 14 feet high, unless specified elsewhere for a particular use. Unobstructed access, at least 10 feet wide, to and from a street shall be provided. Such access may be combined with access to a parking lot. The berth may be located either within a building or in the open, but not within required yards. If such berths are not enclosed, they shall be located not less than 300 feet from any residence district boundary and an effective visual and noise buffer shall be provided as in the case of parking areas as set forth in § 164-43.2A(10).
C. 
Regulations affecting both parking and loading facilities.
(1) 
Access near street corners. No entrance or exit for any accessory off-street parking area with over 10 parking spaces, nor any loading berth, shall be located within 50 feet of the intersection of any two street lines.
(2) 
On lots divided by district boundaries. When a lot is located partly in one district and partly in another district, the regulations for the district requiring the greater number of parking spaces or loading berths shall apply to all of the lot. Parking spaces or loading berths on such a lot may be located without regard to district lines, provided that no such parking spaces or loading berths shall be located in any residence district, unless the use to which they are accessory is permitted in such district.
[Amended 10-27-2016 by L.L. No. 4-2016]
A. 
Purposes. Historic preservation is the physical and visual conservation of history. When historic structures and places are preserved, residents are able to experience the buildings and environments in which earlier generations lived. The Town of Warwick specifically finds that many of these vital and irreplaceable historic resources have been afforded recognition, but not protection, through their eligibility or placement on the National and/or State Registers of Historic Places or through their inclusion in the Town of Warwick Historic Resource Inventory. The Town of Warwick has an obligation to respect these community resources and to preserve them for future generations. Historic preservation can also strengthen Warwick's future. The continued presence of historic buildings in the Town helps create vibrant cultural facilities that draw both tourists as well as new investments in the community, bringing about new revenue sources for the Town and economic growth for the community. Historic preservation also conserves natural resources. Restoration and redevelopment of existing buildings consumes less energy than demolition and new construction and it places a value on the use of past energy investments. Establishing preservation of historic structures provisions in the Town Zoning Law address the following findings:
(1) 
Studies conducted throughout the United States that have analyzed the economic benefits of historic preservation on property values, have consistently reported that properties in historic districts appreciate significantly faster than comparable properties not located in historic districts.
(2) 
Economic activity invested in historic preservation has provided millions of dollars worth of sales and wages, supporting thousands of jobs.
(3) 
Historic preservation promotes the general health, safety and welfare of the community by recognizing and protecting the integrity of historic resources in Warwick.
(4) 
A clear process in which proposed land use changes affecting historic resources are reviewed and approved is necessary in order to accomplish the goals of the Town Comprehensive Plan.
(5) 
To discourage the unnecessary demolition of historic resources, it is important to establish clear procedures in the Town Building Department so that alternatives can be evaluated.
(6) 
To encourage historic preservation in the community, it is necessary to provide incentives for the continued use of historic resources and to facilitate their appropriate reuse.
(7) 
Article XIV of the New York State Constitution establishes a State policy of preserving historic and aesthetic resources.
B. 
Applicability.
(1) 
Historic Resource Inventory. The provisions of this chapter shall apply to designated historic resources in Warwick, which shall constitute the Town of Warwick Historic Resource Inventory. Designated historic resources consist of the following:
(a) 
Any building, structure, or site listed on the National and/or State Register of Historic Places (Class 1);
(b) 
Any building, structure, or site that is eligible for the National and/or State Register of Historic Places as determined by the State Historic Preservation Officer and/or through inclusion in the Statewide Historic Resources Survey (Class 2);
(c) 
Any building, structure, or site that has been surveyed as an historic resource by the New York State Office of Parks Recreation and Historic Preservation, including those listed in Appendix B of the Town of Warwick Comprehensive Plan, adopted August 19, 1999 and as amended from time to time (Class 2);
(d) 
Any building, structure, or site that is designated an historic building, structure or site by the Town Board upon recommendation of the Architectural Review Board after consultation with the Town Historian/Deputy Town Historian (Class 2).
(e) 
Additional buildings, structures or sites shall be eligible for designation as an historic resource upon application to the Town Board and upon recommendation of the Architectural Review Board in consultation with the Town Historian/Deputy Town Historian (Class 2).
(2) 
Revisions to Historic Resource Inventory. Based on the criteria set forth in this section, the Town of Warwick Historic Resource Inventory may be revised from time to time by legislative action of the Town Board following a public hearing, at which time the proposed changes shall be presented. Revisions may include additions or deletions to the inventory or changes in the classification of such resources.
(a) 
Any proposed revision to the Historic Resource Inventory shall first be referred to, or proposed by, the Architectural Review Board, which shall submit a written recommendation to the Town Board. Routine inventory maintenance or updating of information regarding individual resources included in the inventory shall not be considered revisions for the purposes of this section.
(b) 
A resource shall be designated Class 1 (and to the inventory if not already included) if it is found to meet the criteria for Class 1 (i.e., national and/or state register listing or eligibility).
(c) 
A resource shall be recommended for removal from Class 1 if it no longer meets the criteria for Class 1 (i.e., national and/or state register listing or eligibility) in consultation with the Town Historian/Deputy Town Historian.
(d) 
A resource shall be added to Class 2 (and to the Historic Resource Inventory if not already included) if it is found to meet the general definitional criteria for a designated historic resource set forth in § 164-43.3B(2)(h).
(e) 
A resource shall be recommended for removal from the Historic Resource Inventory if it does not currently meet the general definitional criteria set forth in § 164-43.3B(2)(h) below or is not deemed by the Architectural Review Board, Town Historian/Deputy Town Historian or Town Board to be of similar significance based on documentary evidence received by the Architectural Review Board.
(f) 
Unless a resource is proposed for addition to or deletion from the inventory or for reclassification by the owner(s) of the property upon which the resource is located, such owners(s) shall be notified upon receipt of a proposal affecting their property and shall be invited to respond to such proposal at or prior to the public hearing. The owner(s) of any property(ies) which are the subject of any such proposed legislative action shall be given written notice of the Architectural Review Board's recommendation to the Town Board at least 10 days prior to the public hearing.
(g) 
Amendments, as needed, shall conform to all procedural requirements for an amendment to the Zoning Law.
(h) 
The following general definitional criteria shall be considered when determining whether a resource should or should not be included on the Historic Resource Inventory or should be reclassified:
[1] 
Resources uniquely associated with historic events or persons that have made a significant contribution to local, state, or national history, culture and development.
[2] 
Resources of significant character, interest, or value as part of the historical, archaeological, architectural, economic, social, or cultural heritage of Warwick, Orange County, New York State, or the nation.
[3] 
Resources possessing distinctive characteristics of an architectural style, type, specimen, period, method of construction, or innovation of design, or that exhibit a high degree of original architectural integrity from a recognized historical period.
[4] 
Resources identified as the work of an outstanding architect or master builder.
[5] 
Resources with a relationship to distinctive areas, buildings or structures that are eligible for preservation.
C. 
Special provisions for properties designated as a Class 1 Historic Resource.
(1) 
Additional use opportunities. Subject to obtaining special use permit approval from the Planning Board in accordance with § 164-46J of the Zoning Law, as well as the requirements and procedures set forth in this § 164-43.3, additional use opportunities may be permitted on properties designated as a Class 1 Historic Resource. The following use opportunities listed in Subsections C(1)(a) through C(1)(m) may be available as a principal or accessory use in addition to, or in place of, any current use of the property or use permitted in the zoning district. Where such uses are already permitted by-right or by special use permit in the zoning district, they shall not be subject to the provisions of this § 164-43.3, but shall meet all other applicable requirements of the Zoning Law. However, if the use is proposed in addition to a principal use already on the property (i.e., a second principal use), or is otherwise not permitted in the zoning district, such use shall be subject to the provisions of this § 164-43.3.
(a) 
Tourist Home (bed and breakfast), subject to the provisions of § 164-46J(103).
(b) 
Business and professional offices employing not more than five persons.
(c) 
Art and craft studios employing not more than three persons. Where instructional classes are provided, the use shall be limited to one class at a time with not more than five students in the class and not more than two instructors.
(d) 
Art galleries of 5,000 square feet or less of gross leasable floor area.
(e) 
Antique shop, rare book, and coin or stamp shops of 1,500 square feet or less of gross leasable floor area.
(f) 
Multifamily residential use in single-family districts, but not to exceed four units within the principal residential structure, contingent on the continuing residency of the owner of the building within one of the dwelling units.
(g) 
Conversion of a nonresidential structure to a residential use, in any zoning district, subject to the provisions of §§ 164-46J(53) and § 164-46J(145) and not to exceed four dwelling units within one structure.
(h) 
Eating and drinking places but excluding drive-in restaurants and fast food restaurants.
(i) 
Repair services including small scale uses such as small appliances, watches, household furnishings, shoes, bicycles, locks, but shall not include automobile, truck, motorcycle, or lawnmower repair, and shall be limited to one employee per 500 square feet of gross leasable floor area devoted to this repair service use, up to a maximum of 1,500 square feet.
(j) 
Conference center as a principal use in Class 1 historic resources only, where located on tracts exceeding 10 acres and subject to the provisions of §§ 164-46J(53) and 164-46J(138)(g).
(k) 
Customary accessory uses to any permitted principal use.
(l) 
Institutions of higher learning, public libraries, museums, state-accredited private schools of 5,000 square feet or less of gross leasable area.
(m) 
A combination of two or more of the above uses in the same structure.
(2) 
Modification to the Table of Bulk Requirements. The Planning Board, through the granting of a special use permit, is authorized to approve requested modifications to applicable lot area, lot width, or yard requirements or any other applicable area and bulk requirements or design standards otherwise applicable in the zoning district for plans affecting Class 1 historic resources, in accordance with the provisions of § 164-46J of the Zoning Law and the requirements and procedures for special use permit approval of this section. In all cases, such modifications may be permitted to reduce otherwise applicable requirements to the minimum degree necessary to accommodate proposed plans, and to allow for the preservation and rehabilitation and/or reuse of the historic resource. For residential lots, where a historic resource exists on a site that is to be subdivided or developed, there shall be included a lot area of sufficient size to preserve those portions and features of the historic resource which are historically and architecturally significant.
(3) 
Requirements for special use permit approval. In addition to the special use permit standards and provisions set forth in this § 164-43.3 and in § 164-46J, the following requirements shall apply where additional use opportunities and/or modification to applicable area and bulk regulations for historic resources are permitted:
(a) 
The modification shall have the effect of encouraging the continued protection or reuse of the historic resource.
(b) 
The approval of the special use permit is deemed by the Planning Board to be necessary for the preservation of the historic resource.
(c) 
The approval of the special use permit is deemed by the Planning Board to have no significant adverse impact on adjoining properties, as determined through the SEQR review process.
(d) 
Where plans involving historic resources under this § 164-43.3 result in all or portions of any such resource remaining unoccupied, the Town of Warwick may require that such unoccupied resource shall be tightly sealed and barred off in a manner not jeopardizing historical integrity, and the utilities turned off for safety.
(e) 
In granting special use permit approval in accordance with this § 164-43.3, the Planning Board shall be satisfied that adequate water supply and sewage disposal can be provided for all permitted uses.
(f) 
In granting a special use permit approval in accordance with this § 164-43.3, the Planning Board may require as a condition of approval the establishment of a facade easement, conservation easement, historic conservation easement, or other means to guarantee permanent protection of the historical integrity of the subject resource.
(g) 
Except where clearly detrimental to the historical integrity and where public health, safety, and welfare are otherwise adequately provided for, all other applicable standards contained in this Zoning Law shall be complied with, including, but not limited to, requirements for buffering, landscaping, lighting, storage, loading, parking, noise, and signage.
(h) 
The Architectural Review Board, in consultation with the Town Historian/Deputy Town Historian, shall review all requests for special use permit approval regarding historic resources related to requested area and bulk modifications and evaluate whether the requested modifications are necessary for the preservation, and are compatible with maintaining the historical integrity of the historic resource. Recommendations shall be in a written report to the Planning Board in accordance with Chapter 5, § 5-6 of the Town Code.
(i) 
Plans involving any rehabilitation, alteration, or enlargement of a designated historic resource proposed as part of the special use permit application shall use as a guideline the Secretary of the Interior's Standards for Rehabilitation of Historic Properties, as follows. Such plans shall be reviewed by the Architectural Review Board in consultation with the Town Historian/Deputy Town Historian, which shall submit a written review to the Planning Board, and the plans submitted shall be in sufficient detail to allow a determination of their compliance with the standards below. In approving the special use permit, the Planning Board may set reasonable conditions requiring compliance with the Secretary of the Interior's Standards for Rehabilitation, as applicable.
[1] 
A property shall be used for its historic purpose or be placed in a new use that requires minimal change to the defining characteristics of the building and its site and environment.
[a] 
The historic character of a property shall be retained and preserved. The removal of historic materials or alteration of features and spaces that characterize a property shall be avoided.
[b] 
Each property shall be recognized as a physical record of its time, place and use. Changes that create a false sense of historical development, such as adding conjectural features or architectural elements from other buildings, shall not be undertaken.
[c] 
Most properties change over time; those changes that have acquired historic significance in their own right shall be retained and preserved.
[d] 
Distinctive features, finishes and construction techniques or examples of craftsmanship that characterize an historic property shall be preserved.
[e] 
Deteriorated historic features shall be repaired rather than replaced. Where the severity of deterioration requires replacement of a distinctive feature, the new feature shall match the old in design, color, texture, materials, and other visual qualities to the greatest extent practicable and, where possible, shall be substantiated by documentary physical or pictorial evidence.
[f] 
Chemical or physical treatments, such as sandblasting, that can cause damage to historic materials, shall not be used. The surface cleaning of structures, if appropriate, shall be undertaken using the gentlest means possible.
[g] 
Significant archeological resources affected by a project shall be protected and preserved. If such resources must be disturbed, mitigation measures shall be undertaken in consultation with the New York State Office of Parks Recreation and Historic Preservation or other similar historic preservation authority.
[h] 
New additions, exterior alterations, or related new construction shall not destroy historic materials that characterize the property. The new work shall be differentiated from the old and shall be compatible with the massing, size, scale and architectural features to protect the historic integrity of the property and its environment.
[i] 
New additions and adjacent or related new construction shall be undertaken in such a manner that if removed in the future, the essential form and integrity of the historic property and its environment would be unimpaired.
(4) 
Application procedures for special use permit approval regarding Class 1 Historic Resources:
(a) 
An applicant seeking special use permit approval regarding a historic resource shall submit the appropriate application to the Town Planning Department pursuant to § 164-46C. The application shall include, in addition to that which is required under § 164-46C, where relevant, the following:
[1] 
A detailed depiction of the proposed use(s).
[2] 
Any physical changes proposed for the affected historic resources(s) and their surrounding context.
[3] 
Any proposed modifications to the otherwise applicable area and bulk regulations.
(b) 
Upon receipt by the Planning Department, the complete application shall be forwarded to the Architectural Review Board in consultation with the Town Historian/Deputy Town Historian and Planning Board. Upon receipt of a complete application by the Planning Board, the Architectural Review Board and Planning Board shall, at a regular or special meeting, review the application for special use permit approval prior to the required public hearing. The applicant will be notified of such meetings at least 10 days prior to the scheduled dates and shall have the opportunity to present reasons for filing the application. In reviewing the application the following shall be considered as well as the requirements of this section.
[1] 
In reviewing the application, the Architectural Review Board shall consider:
[a] 
Regarding proposed requested modification of area and bulk, the Architectural Review Board shall evaluate whether the proposed modifications are necessary to preserve the affected historic resources(s).
[b] 
Where the application involves physical changes to historic resources and/or the surrounding context, the Architectural Review Board shall review the proposed changes and make recommendations as to their appropriateness.
[2] 
The Planning Board shall review the application under the State Environmental Quality Review Act, assuming that it has been duly designated lead agency for purposes of such SEQR review.
(c) 
Recommendations, if any, of the Architectural Review Board shall be in a written report to the Planning Board and shall include any suggestions for specific changes to proposed plans. If no recommendation is submitted to the Planning Board by the date of the public hearing to consider the application, then it shall be considered that the Architectural Review Board recommends approval of the application.
(d) 
The Planning Board, after review by the Town Historian, shall act on the special use permit application in accordance with the provisions of § 164-46 of the Zoning Law.
D. 
Demolition of Class 1 Historic Resources.
(1) 
No Class 1 Designated Historic Resource shall be demolished, in whole or in part, whether deliberately or by neglect, including removal or stripping of any historically or architecturally significant exterior or interior features, unless a permit is obtained from the Code Enforcement Officer in accordance with the requirements of this § 164-43.3 and other applicable standards and procedures of the Town of Warwick Building and Fire Codes. Temporary removal of architectural features or structural members for purposes of maintenance, repair or restoration shall not constitute demolition.
(2) 
Demolition by neglect.
(a) 
No Class 1 Designated Historic Resource shall be demolished by neglect as defined herein.
(b) 
Demolition by neglect shall not be used as an automatic excuse by the applicant as justification for an active demolition application.
(c) 
Demolition by neglect does not apply to ruins, such as partially roofed structures, wall remains, remaining foundations, or other structures which are clearly in ruins and missing a substantial portion of the structural mass, existing at the time of adoption of this section creating this § 164-43.3 or permitted to remain as ruins pursuant to this section.
(d) 
These regulations are meant to protect historic resources from parties who by ordinary negligence or willful neglect allow those resources, which are in usable condition on a property at the time of adoption of this section creating this § 164-43.3, or at the time a new owner purchases a property, to deteriorate or become unusable and a liability to the point of needing to be demolished for safety reasons. An example of this would be a party purchasing a property containing a historic resource listed on the Town Historic Resource Inventory in usable condition and/or previously being used prior to the sale of the property, and, in order to avoid having to undergo the historic review process, as outlined in this section, said party allows that historic resource to become so deteriorated that the resource would qualify immediately for a demolition permit due to the unsafe or hazardous condition of the resource.
(3) 
The structural integrity of both occupied and unoccupied Class 1 Historic Resources should be achieved through proper maintenance of all structural, architectural and other critical elements.
(4) 
Application requirements for demolition of Class 1 Historic Resources.
(a) 
The applicant for demolition of a designated historic resource shall submit to the Town Building Department an application for a demolition permit. All applications for demolition shall be reviewed against the Historic Resource Inventory and in consultation with the Town Historian/Deputy Town Historian. If the application concerns the demolition of a Class 1 Designated Historic Resource, the Code Enforcement Officer shall be directed not to issue the permit and shall inform the applicant to comply with the following procedures and requirements of this section, as applicable.
(b) 
In addition to the applicable requirements under Chapter 82 of the Town Code, the Town Fire Prevention and Building Code, any applicant seeking a permit to demolish a designated historic resource shall submit the following information regarding that resource:
[1] 
Owner of record.
[2] 
Classification of historic resource on the Designated Historic Resource Inventory.
[3] 
Recent photographs of the resource proposed for demolition.
[4] 
A site plan showing all buildings and structures on the property.
[5] 
Reasons for demolition.
[6] 
Method of demolition.
[7] 
Proposed use for the site, timeline for implementation of proposed use for the site, and proposed disposition of materials from the demolished site.
[8] 
Alternatives which the applicant has considered prior to demolition.
(5) 
Review process for demolition permits.
(a) 
The Code Enforcement Officer shall notify the Architectural Review Board and the Town Historian/Deputy Town Historian of the application for demolition upon acceptance of a properly completed application, including the necessary filing fee, and shall forward such application to the Planning Board within 10 days of receipt.
(b) 
Within 35 days of receipt of a complete application for demolition from the Code Enforcement Officer, at its next regular meeting or a special meeting, the Architectural Review Board after consultation with the Town Historian/Deputy Town Historian shall review the application for demolition. The applicant will be notified of the meeting and encouraged to present evidence or testimony pertaining to the demolition. In reviewing the application, the Architectural Review Board shall take into account the following:
[1] 
The effect of demolition on the historical significance and architectural integrity of the historic resource in question and neighboring historic resources, and on the historic character of the neighborhood, district or vicinity in which the resource is located.
[2] 
Economic feasibility of continuing the existing use or of adaptively reusing the resource proposed for demolition.
[3] 
Alternatives to demolition of the resource.
[4] 
Whether the applicant has demonstrated that he or she has considered alternatives to demolition.
[5] 
Whether the retention of the resource would represent an unreasonable economic hardship.
[6] 
Whether the resource has been intentionally neglected.
(c) 
Recommendations of the Architectural Review Board. The Architectural Review Board after consultation with the Town Historian/Deputy Town Historian shall make its written recommendation to the Planning Board either recommending approval of the demolition application as submitted, recommending approval of the application with conditions, or alternatively, the Architectural Review Board may recommend to use the following time period to provide adequate opportunity for documentation of the resources as set forth below, for the applicant to prepare a financial analysis as set forth below, and/or to engage in discussion about alternatives to demolition with the applicant. The Architectural Review Board shall make every effort to communicate to the applicant the historical significance of the historic resource, its significance to the Town, and alternatives to its demolition.
[1] 
Class 1 historic resources. A period not to exceed 95 days.
(d) 
Approval of the Planning Board. Within 35 days of receiving the recommendation from the Architectural Review Board, the Planning Board shall consider the application at a public meeting, together with the recommendations from the Architectural Review Board, and vote either to approve the application as submitted, approve the application with changes, or defer their decision affording a delay of demolition for up to the periods specified above. The applicant shall be notified at least 10 days prior to the date of the public meeting, and shall have the opportunity to present reasons for filing the application. Within five days of making its decision, the Planning Board shall provide written communication of its decision to the applicant, the Architectural Review Board, and the Code Enforcement Officer.
(e) 
Issuance of a demolition permit. Where the Planning Board acts to approve the application, it shall authorize the Code Enforcement Officer to issue the permit. Where the approval is authorized to be granted with conditions, the Code Enforcement Officer shall be authorized to issue a permit upon receipt from the applicant of written acceptance of those conditions.
[1] 
Documentation. Prior to the issuance of a demolition permit, the applicant may be required at the discretion of the Planning Board to provide documentation of the Class 1 Historic Resource proposed for demolition. Such documentation may include:
[a] 
Historical data, survey information, and other data provided by local, state, and federal historic preservation organizations and other agencies.
[b] 
Photographs. A complete photographic survey of the building interior and exterior.
[c] 
Floor plans.
[d] 
Measured drawings.
[e] 
Archaeological survey, if appropriate.
[f] 
Other available comparable documentation.
[2] 
Financial analysis. In cases where there is claim that demolition of a Class 1 Historic Resource is necessary due to financial hardship or the lack of an economically reasonable alternative for reuse, the applicant may be required, at the discretion of the Planning Board, during the period of the delay of demolition, to prepare a financial analysis, which may include any or all of the following information:
[a] 
Amount paid for the property, date of purchase and party from whom purchased.
[b] 
Assessed value of the land and improvements thereon, according to the most recent assessment.
[c] 
For depreciable properties, a pro forma financial statement prepared by an accountant or broker of record.
[d] 
All appraisals obtained by the owner in connection with the purchase or financing of the property, or during ownership of the property.
[e] 
Bona fide offers of the property for sale or rent, price asked, and offers received, if any.
[f] 
Any consideration by the owner as to profitable, adaptive uses for the property, and any other practical uses, as well as incentives which could be offered by the Town to preserve the historic resource and any input from preservation organizations.
[g] 
Where relevant, written estimates of the cost of rehabilitation from a professional restoration contractor.
(f) 
Final recommendation on demolition by the Architectural Review Board. Prior to or at the end of the expiration of the ninety-five or sixty-five-day review period, the Architectural Review Board may recommend approval of the demolition permit or where the Architectural Review Board does not believe that the applicant has proven hardship, may recommend denial of the application. In such cases, the Architectural Review Board shall make a written report to the Planning Board setting forth reasons for its recommendation and the evidence considered.
(g) 
Final decision on demolition by the Planning Board. The Planning Board shall act upon the application for demolition within or at the ninety-five or sixty-five-day review period, whether or not it receives a recommendation from the Architectural Review Board, and shall vote either to approve the application, to approve the application with changes, or to deny the application. Within 14 days of making its decision, the Planning Board shall provide written communication to the applicant, Architectural Review Board, and Code Enforcement Officer.
(h) 
Any costs incurred by the Architectural Review Board, as agreed to by the applicant, to review plans or studies submitted by the Architectural Review Board's consultant specifically retained for this purpose, shall be reimbursed to the Town by the applicant in accordance with Chapter 75 of the Town Code.
E. 
Enforcement. Any person who demolishes a Class 1 Designated Historic Resource in violation of the provisions contained herein shall be subject to the Penalties for offenses imposed in § 164-54 of the Zoning Law.
(1) 
The Code Enforcement Officer shall withhold issuing a building permit for a property that, at the date of enactment creating this section, was occupied by a Class 1 Designated Historic Resource that was subsequently demolished in violation of this Zoning Law, until the appropriate review is completed.
(2) 
In addition to the above remedies, the Town Board may take other appropriate legal action, which may include equitable and injunctive relief, to enforce the provisions of this section.
(3) 
Appeals to this process shall be made in accordance with Article 78 of the New York State Civil Practice Law and Rules.
F. 
Town of Warwick designated historic resource inventory.
(1) 
Class 1 historic resources:
(a) 
Jeremiah Morehouse House, 11 Hathorn Road, Warwick, NY 10990. Coordinates: 41° 14' 42" N | 74° 22' 08" W.
(b) 
General John Hathorn Stone House, Hathorn Road, Warwick, NY 10990. Coordinates: 41° 14' 48" N | 72° 22' 16" W.
(c) 
The Boulders AKA Homer A. Norris House, 99 Shore Avenue, Greenwood Lake, NY 10925. Coordinates: 41° 11' 18" N | 74° 18' 46" W.
(2) 
Class 2 Historic Resources: Buildings, structures, or sites listed in Appendix B of the Town of Warwick Comprehensive Plan, adopted August 19, 1999, and as amended from time to time.
[Amended 1-24-2002 by L.L. No. 2-2002; 10-24-2002 by L.L. No. 6-2002; 2-18-2010 by L.L. No. 1-2010]
A. 
Purpose. The purpose of this section is to provide standards for outdoor lighting, to encourage lighting that conserves energy and resources while providing safety, utility and security; to maintain and protect the scenic and aesthetic character of the Town; to minimize glare; to protect the privacy of residences; to ensure that development fits into its natural and rural surroundings; to reduce atmospheric light pollution; to avoid impacts on nearby residential properties; and to enhance the Town's nighttime character.
B. 
Definitions. The following definitions apply to terms used in this section:
FOOTCANDLE (FC)
A unit of illuminance amounting to one lumen per square foot.
FULLY SHIELDED FIXTURE
An outdoor lighting fixture that, by design of the housing, does not allow any light dispersion or direct glare to shine above a ninety-degree, horizontal plane from the base of the fixture. Fully shielded fixtures must be installed in a horizontal position as designed, or the purpose of the design is defeated, and direct glare will result.
GLARE
The eye's line-of-sight contact with a direct light source that causes annoyance, discomfort, or loss in visual performance and ability.
HEIGHT OF THE LUMINAIRE
The height of the luminaire shall be the vertical distance from the ground directly below the center line of the luminaire to the lowest direct-light-emitting part of the luminaire.
ILLUMINANCE
Density of luminous flux incident on a surface. Unit is footcandle or lux.
LIGHT TRESPASS
Light from an artificial light source that intrudes into an area where it is not wanted or does not belong. Light trespass includes glare from direct light as well as unwanted spill light.
LUMINAIRE
A complete lighting unit consisting of one or more lamps (light sources), together with the parts designed to control the light disturbance and other mechanical and electrical components.
LUX
One lumen per square meter; unit of illuminance.
OUTDOOR LIGHTING
The nighttime illumination of an outside area or object by any man-made device located outdoors that produces light by any means.
OUTDOOR LIGHTING FIXTURE
An electrically powered illuminating device or other outdoor lighting fixture, including all parts used to distribute the light and/or protect the lamp, permanently installed or portable, used for illumination or advertisement. Such devices shall include, but are not limited to, search, spot, flood, and area lighting for buildings and structures; recreational areas; parking lot lighting; landscape lighting; signs (advertising and other); street lighting; product display area lighting; building overhangs, and open canopies.
RECESSED CANOPY FIXTURE
An outdoor lighting fixture recessed into a canopy ceiling so that the bottom of the fixture is flush with the ceiling.
UPLIGHTING
Any light source that distributes illumination above a ninety-degree horizontal plane.
WALLPACK FIXTURES
A lighting unit designed for direct mounting on building walls whose primary function is to light building exteriors.
C. 
Submission of plans and outdoor lighting compliance.
(1) 
An applicant for any work involving outdoor lighting fixtures that requires site plan approval shall submit, as part of the application, evidence that the proposed work shall comply with this section. In addition, the applicant for any work involving outdoor lighting fixtures governed by this section occurring in areas of the Town covered by the Ridgeline Overlay District shall submit, as part of the application for a building permit, evidence that the proposed work will comply with this section. The submission shall contain the following:
(a) 
Plans indicating the location, height, orientation, type of illuminating device, and wattage of each outdoor lighting fixture;
(b) 
Description of the illuminating fixtures, lamps, supports, reflectors, and other devices, including, but not limited to, catalog cuts by manufacturers and drawings (including sections where required), glare reduction/control devices, on-off cycle control devices, and mounting devices;
(c) 
Location and use of adjacent properties;
(d) 
Nearby properties that may be affected by the proposed lighting plan;
(e) 
Photometric data, such as that furnished by manufacturers, or similar showing the angle of cutoff or light emissions;
(f) 
Additional information that the Planning Board or Building Inspector determines is necessary, including, but not limited to, an iso-lux plan indicating levels of illumination in footcandles, at ground level, and a statement of the proposed hours and days of the week when the luminaries will be on and when they will be extinguished.
(2) 
Lamp or fixture substitution. Should any outdoor lighting fixture or the type of light source therein be changed to a greater intensity after a lighting permit has been issued or the site plan approved, a change request must be submitted to the Building Inspector for revised approval. The Building Inspector, in consultation with the Town Engineer and Town Planner, shall review the change request to assure compliance with this section. If the change request is not substantial, the Building Inspector may approve it. If the change request is substantial, the Building Inspector shall forward such request to the Planning Board for an amended approval, which must be received prior to substitution.
D. 
Approved materials and methods of construction or installation/operation. The provisions of this section are not intended to prevent the use of any design, material, or methods of installation or operation not specifically prescribed by this section, provided any such alternate has been approved. The Planning Board or Building Inspector may approve such proposed alternative provided it:
(1) 
Provides at least approximate equivalence to the applicable specific requirement of this section; and
(2) 
Is otherwise satisfactory and complies with the purpose of this section.
E. 
General requirements: all zoning districts.
(1) 
General standards. All outdoor lights and externally illuminated signs shall be designed, located, installed, and directed in such manner as to prevent objectionable light at and across the property lines, and to prevent direct glare at any location on or off the property. The Town encourages, and in some cases requires, that the minimum lighting levels be used to attain efficient and effective use of outdoor lighting. The latest recommended levels for outdoor lighting set by the Illuminating Engineering Society of North America (IES) shall be observed. See sign regulations in § 164-43.1 for additional requirements.
(2) 
Prohibitions.
(a) 
Uplighting that is unshielded is prohibited. Externally lit signs, displays, buildings, structures, streets, parking areas, recreational areas, landscaping, and other objects lit for aesthetic or other purposes shall be illuminated only with steady, stationary, fully shielded light sources without causing glare or light trespass beyond the property line.
[Amended 6-11-2015 by L.L. No. 2-2015]
(b) 
Roof-mounted area lighting is prohibited.
(c) 
The use of laser lighting for outdoor advertising or entertainment and the operation of search lights for advertising purposes are prohibited.
(d) 
The use of mercury vapor lamps is prohibited.
(e) 
Unshielded wallpack-type fixtures are prohibited.
(3) 
Shielding. All outdoor fixtures, with the exception of those using lamps not requiring shielding cited in Subsection F, shall be fully shielded using full cutoff light fixtures and installed in such a way that no light is emitted above a horizontal plane running through the lowest part of the fixture. The lighting shall also be shielded to prevent direct glare and/or light trespass and shall be, as much as physically practical, contained to the target area. All light fixtures that are required to be fully shielded shall be installed and maintained so that the shielding is effective as described in the definition of a fully shielded fixture in this section of the Zoning Law. Floodlighting is discouraged and, if used, must be shielded to prevent direct glare for drivers and pedestrians; light trespass beyond the property line; light above a ninety-degree, horizontal plane.
(4) 
Light trespass. Light trespass from a property shall be designed not to exceed 0.25 footcandle at the property line. An exception may be made for a nonresidential use in a nonresidential zoning district where light trespass may be allowed up to 3.6 footcandles onto an adjoining property, provided such adjoining property is also a nonresidential use in a nonresidential zoning district. Light trespass onto a public right-of-way shall not exceed the requirements for roadway lighting found in § 164-43.4G. Adjacent to residential property, no direct light source shall be visible at the property line at ground level or above. Mitigation to avoid or minimize light trespass may include landscaping and berming.
[Amended 6-11-2015 by L.L. No. 2-2015]
(5) 
Height. Unless specified elsewhere herein and except for recreational facilities, such as baseball and other field sports, the maximum allowable height of a freestanding luminaire shall be 16 feet above the average finished grade. The maximum allowable height of a building- or structure-mounted luminaire shall be 35 feet.
(6) 
Spacing. Space between fixtures should be approximately four times the height or as determined by the Planning Board.
(7) 
Time controls. All nonessential lighting shall be turned off after business hours, leaving only the necessary lighting for site security, which shall be reduced to the minimum level necessary. Nonessential can apply to display, aesthetic, parking and sign lighting. Motion-sensor security lighting is recommended to promote safety and reduce the amount of night lighting in the Town as determined by the Planning Board.
(8) 
Auto/truck filling stations. Island canopy ceiling fixtures shall be recessed so that the bottom of the fixture is flush with the ceiling.
(9) 
Recreational facilities, public or private. Lighting for outdoor recreational facilities shall be fully shielded, as defined in this section.
F. 
Table of Shielding Requirements.
Fixture Lamp Type
Shielded
Low-/High-pressure sodium, metal halide, quartz, and fluorescent over 50 watts
Fully
Incandescent
Greater than 160 watts
Fully
160 watts or less, except for floodlighting [See Section 164-43.4.E(3)]
None
Any light source of 50 watts or less
None
Fossil fuel
None
Other sources
As approved by § 164-43.4C
G. 
Illuminance and Uniformity. Light levels shall be designed not to exceed the latest recommended levels for outdoor lighting set by the Illuminating Engineering Society of North America (IES) for the type of activity/area being lighted, except light levels for ATM machines shall be in accordance with the New York State ATM Safety Act. Where no standard is available from IES, the applicable standard shall be determined taking into account the levels for the closest IES activity. The uniformity ratio (average to minimum) shall not exceed 3:1 for parking and traffic areas, nor 4:1 for pedestrian areas. Maximum to average light levels shall be kept within a 6:1 ratio. Design should establish a hierarchy of lighting to assure a smooth transition from bright areas to those with subdued lighting. Light levels shall be maintained at design levels with lamp or luminaire replacement as needed. Lighting in conformance with this section is required for all parking lots having five or more cars. The following current IES recommendations are to be observed, followed by a table presenting recommended outdoor lighting types:
Roadway Lighting, If Provided
Type of Road
Average Maintained Illuminance
(FC)
Uniformity Ratio
(average to minimum)
Major road
0.6 - 1.6
3:1
Collector road
0.4 - 1.1
4:1
Local road
0.3 - 0.8
6:1
Parking Lots
Horizontal Illuminance
(FC)
Level of Activity
Average
Minimum
Uniformity Ratio
High:
3.6
0.9
4:1
Automotive dealerships
Entertainment theaters
Medium:
2.4
0.6
4:1
Community shopping areas
Cultural, civic, or recreational events
Office parking
Residential parking
Low:
0.8
0.2
4:1
Neighborhood shopping with > 5,000 square feet
Industrial employee parking
Educational facility parking
Recreational facilities
Church parking
Wherever there is a requirement to maintain security at any time in areas where there is a low level of nighttime activity
Other Outdoor Lighting Levels
Building Exteriors
Footcandles
Entrances
Active (pedestrian and/or conveyance)
5
Inactive (normally locked, infrequently used)
1
Service stations
Approach
1.5
Driveway
1.5
Pump island
5
Service areas
2
Retail outdoor lighting
5
Auto sales lots
5
Recommended Outdoor Lighting Types
Lighting Type
Color
Recommended Uses
Comments
Incandescent
Full spectrum, white light
Infrequently used lighting, occupant sensor-activated lighting
Most common but most energy-inefficient of common lamp types
Fluorescent
Clear white light
Residential lighting, walkways, building entrances
Excellent color rendition, energy efficient, and inexpensive
Sodium
High-pressure
Yellowish cast
Sports fields, parking, roadways
Recommended only where light distribution is valued more than appearance; can negatively affect vegetation
Low-pressure
Monochromatic
Roadways, walkways, parking, security lighting
One of the most energy-efficient but recommended only where color rendering is not important
Light-emitting diodes (LED)
Variable, especially when digitally controlled
Area, architectural, walkway, landscaping and floodlighting
The emerging technology for LED lighting is eventually expected to eclipse traditional lighting due to long life, broad application and highest energy efficiency
H. 
Exemptions. The following uses shall be exempt from the provisions of this section:
(1) 
Roadway and airport lighting and lighting activated by motion-sensor devices.
(2) 
Temporary circus, fair, carnival, religious, historic, or civic use.
(3) 
Construction or emergency lighting, provided such lighting is temporary and is discontinued immediately upon completion of the construction work or abatement of the emergency necessitating said lighting.
(4) 
Temporary lighting, including holiday lighting for no more than two months per year.
(5) 
Lighting associated with agricultural pursuits, including harvest activities, unless such lighting is permanent and/or creates a safety hazard.
(6) 
Lighting, preferably low voltage, that is considered a landscape or building design element and is integral to the aesthetic value of the design, as determined by the Planning Board or Building Inspector.
(7) 
All outdoor light fixtures producing light directly by the combustion of natural gas or other fossil fuels.
(8) 
Outdoor light fixtures installed on, and in connection with, those facilities and land owned or operated by the federal government, the State of New York, the County of Orange, or any department, division, agency or instrumentality thereof. Voluntary compliance with the intent of this section at those facilities is encouraged.
I. 
Nonconforming outdoor lighting. All outdoor lighting fixtures shall be brought into compliance with the provisions of this section within three years from date of adoption of Local Law No. 1 of 2010. No replacement or installation of new luminaires, including lamps, shall be permitted unless in conformance with this section. Nonconforming outdoor lighting that is the subject of subdivision, special use permit and/or site plan applications, certificates of occupancy, no-violation letters, or other permit, approval, entitlement, or authorization from the Town of Warwick shall comply with the terms and conditions of this section. (§ 164-43.4).
J. 
Enforcement and inspections. The Town of Warwick Code Enforcement Officer is responsible for conducting postinstallation nighttime inspection to verify compliance with the provisions of this section and, if appropriate, to require remedial action.
K. 
Maintenance. Lighting fixtures shall be maintained so that they always meet the requirements of this section.
A. 
Authorization. In any district where a dwelling exists, a home occupation, as defined in § 164-22, may be established in conformance with the following use limitations:
[Amended 10-24-2002 by L.L. No. 6-2002]
(1) 
A home occupation may only be conducted within a dwelling which is a bona fide residence of the owner, lessee or other persons who have a legal right to occupy or reside in the dwelling or in an accessory building thereto which is normally associated with the residential use. For purposes of this chapter, a home occupation occurring fully within the dwelling shall be considered a Class 1 home occupation. Those home occupations occurring wholly or partially in an accessory building or home occupations which exceed the thresholds identified in § 164-43.5A(10) shall be considered Class 2 home occupations which may only be authorized by a special use permit in accordance with § 164-46.
(2) 
Not more than two such home occupations, whether Class 1 or Class 2, shall occur on a single residential premises.
(3) 
Class 1 home occupations shall not occupy more than 500 square feet of the total floor area or 25% of the total floor area of the dwelling on the premises, whichever shall be the more restrictive. This floor area requirement refers only to heated and habitable rooms within the dwelling unit. This maximum floor area percentage shall not apply to a home occupation operated entirely within an accessory structure, which are Class 2 home occupations subject to issuance of a special use permit. Class 2 home occupations shall not occupy more than 25% of the total floor area of the dwelling and accessory structure used in the home occupation.
(4) 
Except for articles produced on the premises and other articles customarily associated with the product made or the service provided on the premises, such as antiques or gunsmithing, no stock-in-trade shall be displayed or sold on the premises nor shall any item be available for rental.
(5) 
No alteration to the exterior of the principal residential building or accessory building used for the home occupation activity shall be made which changes the character thereof as a residential premises, except that a single sign, not exceeding two square feet in area shall be permitted, subject to all other applicable sign regulations of this chapter. Any new construction undertaken to accommodate the home occupation activity shall also be wholly consistent with the character of a residential premises.
(6) 
There shall be no outdoor display of goods, outdoor storage of materials, or outdoor storage of equipment used in conjunction with a home occupation.
(7) 
Not more than one person, outside the members of the household occupying the dwelling, shall be employed on the residential premises in the conduct of the home occupation. Off-street parking shall be provided for the additional employed person and shall conform to all applicable regulations of § 164-43.2. Any use requiring, in accordance with § 164-43.2, more than three off-street parking spaces shall be deemed a Class 2 home occupation under this chapter.
(8) 
A use permit, to be issued by the Town Building Inspector, shall be required for all home occupations.
(9) 
In no case shall a home occupation be open to the public at times earlier than 8:00 a.m. nor later than 8:00 p.m.
(10) 
Classification of home occupations.
(a) 
Class 1 home occupations shall be compatible with the residential use of the property and the neighborhood and shall not be classified as a Class 2 home occupation requiring a special use permit, provided that:
[1] 
The volume of invitees or guests who visit the home occupation premises is less than six per day; and
[2] 
The volume of deliveries or truck traffic is less than an average of one per day; and
[3] 
The home occupation requires three or more parking spaces in addition to those required under § 164-43.2A(2)(a).
(b) 
If any threshold in Subsection A(10)(a)[1] or [2] or [3] above is reached, the Class 1 home occupation shall be classified as a Class 2 home occupation requiring the issuance of a special use permit from the Planning Board.
(11) 
The following uses are specifically prohibited from consideration as permitted home occupations under this chapter, because of parking requirements and other issues of land use compatibility. Uses that have been identified with a "*" or uses that do not exceed the thresholds provided, may be permitted as Class 2 home occupations, subject to the special use permit requirements of § 164-46.
(a) 
Ambulance, limousine, taxi, or similar service with any employees or more than one vehicle used in the home occupation.*
(b) 
Automobile-related businesses, including repair, painting, parts, sales, upholstery, detailing, or washing services.
(c) 
Bed-and-breakfast establishments with more than three bedrooms for rent.*
(d) 
Churches and other places of public assembly accommodating more than 50 persons.
(e) 
Commercial stables, kennels, or animal hospitals.
(f) 
Construction companies, building contractors, home builders, or general contractors with any employees or more than one vehicle used in the business.*
(g) 
Convalescent homes or clinics.
(h) 
Dancing, art, martial arts, and similar group instruction activity when serving more than six students per day.*
(i) 
Family day-care centers exceeding the requirements of the New York Codes of Rules and Regulations.*
(j) 
Landscape contractors with any employees or more than one vehicle used in the landscape business.*
(k) 
Mortuary establishments.
(l) 
Motor boat sales and/or service.
(m) 
Personal service establishments, licensed by the NY State Education Department, serving more than one customer at a time.
(n) 
Restaurants, taverns, and tea rooms.
(o) 
Tourist homes with more than three bedrooms for rent.
(12) 
The special use permit granted for a Class 2 home occupation shall expire when the occupation changes or the property is sold.
The following provisions shall apply to all buildings and uses legally existing on the effective date of this chapter (which buildings and uses do not conform to the requirements set forth in this chapter), to all buildings and uses that become nonconforming by reason of any subsequent amendment to this chapter and the Zoning Map which is a part thereof and to all conforming buildings housing nonconforming uses.
A. 
Regulations.
(1) 
Any nonconforming use may be continued indefinitely, but:
(a) 
Alterations. Shall not be enlarged, extended, reconstructed, restored [except in accordance with § 164-45B(3) herein] or placed on a different portion of the lot or parcel of land occupied by such uses on the effective date of this chapter, nor shall any external evidence of such use be increased by any means whatsoever, except that the Planning Board may permit an expansion not to exceed 15% of the existing ground area of said nonconforming use, provided that the most restrictive bulk requirements specified in the district in which said nonconforming use is located shall apply to any such extension.
(b) 
Displacement. No nonconforming use shall be extended to displace a conforming use.
(c) 
Changes. Shall not be changed to another nonconforming use without a special permit from the Board of Appeals, and then only to a use which, in the opinion of said Board, is of the same or a more restrictive nature. Such changes shall conform, to the extent practical, to current design standards and are also subject to site plan approval by the Planning Board.
(d) 
Discontinuance. Shall not be reestablished if such use has been discontinued for any reason for a period of one year or more or has been changed to or replaced by a conforming use. Intent to resume a nonconforming use shall not confer the right to do so.
(2) 
District changing. Whenever the boundaries of the district shall be changed so as to transfer an area from one district to another district of a different classification, the foregoing provisions shall also apply to any nonconforming uses existing therein.
B. 
Alterations. Except as provided in Subsection D below, no nonconforming building or a building which houses a nonconforming use shall be:
(1) 
Altered. Structurally altered or enlarged, except that the Planning Board may permit an expansion not to exceed 15% of the existing ground floor area of said nonconforming building, provided that the most restrictive bulk requirements shall apply to any such extension;
(2) 
Removed. Moved to another location where such use would be nonconforming; or
(3) 
Restored after damage. Restored for other than a conforming use after damage of less than 50% from any cause, unless the nonconforming use is reinstated within one year of such damage; if the restoration of such building is not completed within said one-year period, the nonconforming use of such building shall be deemed to have been discontinued, unless such nonconforming use is carried on without interruption in the undamaged portion of such building.
C. 
Restoration. No building damaged by fire or other causes to the extent of more than 50% of its assessed value shall be repaired or rebuilt except in conformity with the regulations of this chapter. Residential buildings are exempt, but shall comply with current design standards and bulk requirements to the greatest extent practical.
D. 
Nonconformity in areas other than structure or use. Normal maintenance and repair, structural alteration in and moving, reconstruction or enlargement of a building which does not house a nonconforming use, but is nonconforming as to the district regulations for lot area, lot width, lot depth, front yard, side yard, rear yard, minimum height, maximum lot coverage or minimum livable floor area per dwelling is permitted if the same does not increase the degree of or create any new nonconformity.
E. 
Normal maintenance. Nothing in this chapter shall be deemed to prevent normal maintenance and repair of any building or the carrying out, upon the issuance of a building permit, of major structural alterations or demolitions necessary in the interest of public safety. In granting such a permit, the Building Inspector shall state the precise reason why such alterations were deemed necessary.
F. 
Cessation. Each of the nonconforming uses specified below is deemed sufficiently objectionable, undesirable and out of character in the district in which such use is located as to depreciate the value of other property and uses permitted in the district and blight the proper and orderly development and general welfare of such district and the Town to the point that each of such nonconforming uses shall be terminated on or before the expiration of the specified period of time after the effective date of this chapter, which period of time is specified for the purpose of permitting the amortization of the remaining value, if any, of such use:
(1) 
In any district, any nonconforming use of open land, including such uses as parking lot, junkyard, fuel tank or open storage yard for materials or equipment may be continued for three years after the effective date of this chapter, provided that after the expiration of that period, such nonconforming use shall be terminated.
(2) 
In any district, any nonconforming use of a mobile home may be continued after the effective date of this chapter, provided that no replacement is made of one mobile home for another.
[Amended 1-24-2002 by L.L. No. 2-2002; 10-24-2002 by L.L. No. 6-2002; 9-11-2003 by L.L. No. 4-2003]
A. 
Approved plat. Any lot in a subdivision approved after March 23, 1989, may be built upon in accordance with the approved plat.
B. 
Existing lots in excess of 43,560 square feet. A dwelling may be erected as a permitted use on any lot which is in excess of 43,560 square feet, but does not conform to the lot area requirements of the Table of Bulk Requirements,[1] provided that:
(1) 
Such lot was lawfully in existence on March 23, 1989.
(2) 
All other applicable provisions of this chapter are complied with.
(3) 
Lots over one acre in size do not need to be combined, provided that such lot shall be developed in conformity with all applicable district regulations, other than the minimum lot area.
[1]
Editor's Note: The Table of Bulk Requirements is included at the end of this chapter.
C. 
Exceptions to yard and area requirements. If the lot complies with the conditions found in § 164-45.1C(1) through (6), an area variance is not necessary provided the following requirements are met:
(1) 
The minimum lot area shall be 12,500 square feet.
(2) 
The minimum livable floor area shall be no less than required by the applicable zoning district.
(3) 
There shall be a minimum of two off-street parking spaces per dwelling unit.
(4) 
The maximum coverage shall be 35%; the maximum height shall be three stories or 35 feet.
(5) 
A lot which does not have a septic disposal system approved after January 1, 1991, shall obtain a septic disposal permit as set forth in Chapter 124, Article III, of the Warwick Code.
(6) 
For each lot owned individually and separately and separated in ownership from any adjoining tracts of land and in existence on March 23, 1989, which has a total area or width less than prescribed herein may be used for a one-family residence, provided that such lot shall be developed in conformity with all applicable district regulations, other than the minimum lot area and lot width requirements, and with the minimum yards subject to the following conditions:
Side Yards
For Lot Widths
Equal to or Greater Than
(feet)
Less Than
(feet)
Minimum Side Yard
(feet)
Total of Both Side Yards
(feet)
250
300
75
150
200
250
50
100
150
200
35
80
135
150
30
60
100
135
20
50
80
100
12
30
60
80
10
27
49
60
7 1/2
1/3 of lot width
Rear Yards
For Lot Depths
Equal to or Greater Than
(feet)
Less Than
(feet)
Rear Yard Minimum
(feet)
150
200
30
125
150
25
100
125
20
D. 
Existing lots in the Agricultural Protection Overlay District. Lots within the AP-O District qualifying area that were in existence on January 1, 2002, may be subdivided for one additional residential lot in accordance with the Table of Bulk Requirements of the 1989 Zoning Law for the underlying zoning district.
A. 
Purpose. The purpose of this section is to provide regulations governing the applicability, submission requirements, standards for review and design, and due process for site plan and special use permit review and approval. The intent is to ensure that the development and use of individual parcels of land do not have an adverse effect on adjacent lands or on the character of the community. Such regulations are designed to protect the community from traffic congestion and conflicts, noise, odor and other forms of pollution, inappropriate design, flooding, and excessive soil erosion, to ensure that the proposed use will be in harmony with the appropriate and orderly development of the district in which it is proposed, and that its impacts can be mitigated by compliance with reasonable conditions. The regulations are also designed to ensure that new development conforms with the Town's planning goals and objectives as expressed in its Comprehensive Plan.[1]
[1]
Editor's Note: The Comprehensive Plan is on file in the office of the Town Clerk.
B. 
Applicability of site plans and special permit uses.
(1) 
All special uses cited in the Table of Use Requirements[2] or identified herein shall be subject to review and approval of a special use permit by the Planning Board in accordance with the standards and procedures set forth in this chapter.
[2]
Editor's Note: The Table of Use Requirements is included at the end of this chapter.
(2) 
All special uses and accessory uses thereto shall be subject to site plan review and approval.
(3) 
Site plan approval may be required, with the exception of commercial agricultural operations, for excavation and construction activities associated with permitted uses and accessory uses thereto within areas of environmental sensitivity as identified herein, such determination to be made by the Building Inspector in consultation with the Town Engineer and Town Planner. To determine the necessity of site plan approval from the Planning Board, the Building Inspector, in consultation with the Town Engineer and/or the Town Planner, will review all applications for building permits within the areas identified herein and apply the criteria found in the standards for design and review under § 164-46H. If the application complies with the standards for design and review and is otherwise in compliance with the Town Code, the building permit may be issued. If sufficient doubt exists as to whether the application complies with the standards for design and review, the Building Inspector shall require that an application for site plan approval be made and shall then refer such application to the Planning Board for site plan review and approval. Applications for building permits within the following areas shall be reviewed by the Building Inspector against the criteria identified in § 164-46H:
[Amended 10-24-2002 by L.L. No. 6-2002]
(a) 
For lands lying within a Town of Warwick flood hazard area or within flood hazard zone areas as defined by the Federal Emergency Management Agency (FEMA);
(b) 
For lands lying within the Ridgeline Overlay Districts;
(c) 
For lands lying within a local, state, or federal designated historic district, building, structure, or site or within sites that are contiguous with such historic resources;
(d) 
For lands lying within a scenic viewshed or scenic road corridor as officially designated by the Town of Warwick and/or a county, state or federal agency.
(e) 
For lands lying within the proposed Town of Warwick greenway trail corridor, as designated on the Official Town Map or in the Town of Warwick Comprehensive Plan.
(4) 
Site plan review and approval shall be required for excavation and construction activities associated with permitted uses and accessory uses thereto for lands lying within a Town of Warwick designated protection area.
(5) 
Expansion and change of uses. Site plan review and special use permit approval by the Planning Board shall be required for an expansion, exceeding 15% of the ground area of the use, or involving a change of use to a more intensive use on the basis of increased water supply, sewage disposal, stormwater runoff management, parking needs, traffic generation, or zoning compliance, such determination to be made by the Building Inspector. A building permit and certificate of occupancy shall not be issued by the Building Inspector for such uses or buildings determined to be more intensive without first obtaining approval from the Planning Board.
[Amended 9-11-2003 by L.L. No. 4-2003; 12-30-2014 by L.L. No. 7-2014]
C. 
Application submission.
(1) 
Pursuant to New York State Town Law §§ 274-a and 274-b, in all cases where this chapter requires site plan and/or special permit authorization by the Planning Board, an application shall initially be submitted to the Planning Department prior to commencement of any development or use of the site. The applicant shall file the following:
(a) 
Fifteen copies of the completed site plan and/or special use permit application on forms prescribed by the Planning Board at least 21 days prior to a scheduled regular meeting of the Planning Board;
[Amended 9-11-2003 by L.L. No. 4-2003]
(b) 
All required submissions for site plan review and approval as set forth in § 164-46G of this chapter; and
(c) 
Required fees in accordance with Chapter 75, Development Fees.
[Amended 2-18-2010 by L.L. No. 1-2010]
(2) 
Upon receipt of such application materials, the Planning Board Secretary shall, within five days of its receipt, forward the application to the Planning Board for its consideration. No building permit or certificate of occupancy shall be issued by the Building Inspector except upon authorization of and in full conformity with the plans approved and conditions imposed by the Planning Board.
D. 
Required fees. A complete application for site plan and/or special permit review and approval shall be accompanied by the applicable fees and escrow deposits in accordance with the fee schedule of Chapter 75, Development Fees. The Planning Board requires professional review of the application by its designated private planning, engineering, legal or other consultants, and such reviews are paid for by the escrow deposits. These fees shall be in accordance with the fee schedule established and annually reviewed by the Town Board.
[Amended 9-11-2003 by L.L. No. 4-2003]
E. 
General considerations for special permits. In permitting any special use, the Planning Board shall take into consideration the public health, safety and general welfare, the comfort and convenience of the public in general in the Town and of the immediate neighborhood in particular. The Planning Board shall also take into strict account the standards for review and design set forth in § 164-46H as well as the special conditions set forth in § 164-46J and elsewhere in this chapter. The Planning Board may require modifications to development proposals, submission of alternative design and layout proposals, and may attach reasonable conditions and safeguards to eliminate or minimize potential impacts as a precondition of its approval. Before making a decision on whether to approve, approve with modifications, or disapprove a special use permit, the Planning Board shall give specific consideration to the following:
(1) 
Traffic access. All proposed traffic accessways shall be adequate but not excessive in number, adequate in width, grade and alignment and visibility, and sufficiently separated from street intersections and other places of public assembly, and shall meet other similar safety considerations.
(2) 
Parking. Adequate off-street parking and loading spaces shall be provided in accordance with § 164-43.2, to prevent parking in public streets of the vehicles of any persons connected with or visiting the use, except in the Traditional Neighborhood District where on-street parking is permitted. Shared parking is encouraged where the peak parking demands of different uses occur at various times of the day. Use of a widely accepted means of projecting demand for shared use, such as the Urban Land Institute's Shared Parking report, shall be employed to demonstrate shared parking effects.
(3) 
Circulation. The interior circulation system shall be adequate to provide safe accessibility to all required off-street parking, and to provide for the convenience and safety of vehicular, pedestrian, and bicycle movement within the site and in relation to adjacent areas or roads.
(4) 
Landscaping and screening. All parking and service areas shall be reasonably screened at all seasons of the year from the view of adjacent residential lots and streets and the general landscaping of the site shall be in character with that generally prevailing in the neighborhood. Existing trees 12 inches or more in diameter at breast height (dbh) shall be preserved to the maximum extent practical. Roadside plantings shall be in conformance with the recommendations of the Town Shade Tree Commission and/or consistent with the Town of Warwick Design Standards.[3]
[Amended 12-9-2010 by L.L. No. 6-2010]
[3]
Editor's Note: The Design Standards are on file in the office of the Town Clerk.
(5) 
Character and appearance. The character and appearance of the proposed use, buildings, structures, outdoor signs and lighting shall be in general harmony with the character and appearance of the surrounding neighborhood and that of the Town of Warwick, and shall not adversely affect the general welfare of the inhabitants of the Town of Warwick, such recommendation to be made by the Town's Architectural Review Board with reference to the Town of Warwick Design Standards, and the signage and lighting regulations of §§ 164-43.1 and 164-43.4 respectively.
[Amended 12-9-2010 by L.L. No. 6-2010]
(6) 
Historic and natural resources. The proposed use shall be designed and shall be carried out in a manner that protects historic and natural environmental features on the site under review and in adjacent areas, such recommendation to be made by the Town's Architectural Review Board and Conservation Board.
(7) 
Level of service. The level of services required to support the proposed activity or use is or will be available to meet the needs of the proposed activity or use. This consideration shall include the suitability of water supply and sanitary sewage facilities to accommodate the intended use, and protection from pollution of surface or groundwater.
(8) 
Emergency services. All proposed buildings, structures, equipment and/or material shall be readily accessible for fire, police, and other emergency service protection.
(9) 
Nuisances. The proposed use shall not be more objectionable to nearby property owners or occupants by reason of noise, fumes, vibration or lighting than would the operations of a permitted principal use. The performance standards found in this chapter shall represent the minimum requirements to be achieved by any proposed use.
(10) 
Additional safeguards and conditions. The Planning Board shall impose additional conditions and safeguards upon the special permit as may be reasonably necessary to assure continual conformance to all applicable standards and requirements, including reasonable assurance that these conditions and safeguards can be responsibly monitored and enforced.
(11) 
Environmental consideration. The proposed use shall not have a significant adverse environmental impact as defined by the New York State Environmental Quality Review Act (SEQR). Such determination shall be made by the Town Planning Board or other designated lead agency.
(12) 
In or adjacent to a residence district. In addition to the above criteria, in the case of any use located in or directly adjacent to a residence district:
(a) 
The location and size of such use, the nature and intensity of operations involved in or conducted in connection therewith, the size of the site in relation to the use, its site layout and its relation to existing and future 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 or inconvenient to or incongruous with said residence district or conflict with the normal traffic of the neighborhood; and
(b) 
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 appropriate development and use of adjacent land and buildings or impair the value thereof.
F. 
Sketch plan conference with applicant. A preapplication conference is encouraged during the conceptual design process to reduce the review time of formal consideration of proposed site plans. Upon receipt of a complete application, the Planning Board shall notify the applicant of the place, date, and time of the meeting of the Planning Board at which the application is to be considered. The applicant or applicant's representatives shall be present to discuss the application. The first meeting shall consist of a conference between the Planning Board and the applicant to review the conceptual site design (sketch) plan. The Planning Board's preliminary consultation shall be limited to a review of the basic concept of the proposal to resolve problems with meeting requirements which might occur during formal consideration. Any preliminary review and consultation shall be nonbinding. If the Planning Board determines that the proposed site plan is of a minor nature, the sketch plan conference can be waived and the applicant can proceed directly to site plan review. The applicant, at his/her option, may bypass a sketch plan conference. The sketch plan, if prepared, shall show the following:
[Amended 10-24-2002 by L.L. No. 6-2002]
(1) 
An area map or high resolution aerial photograph keyed to the real property maps, showing the parcel under consideration and all properties, subdivisions, roads, and easements within 300 feet of the boundaries thereof.
(2) 
A map of the site showing approximate location of:
(a) 
Lot lines;
(b) 
Approximate lot measurements;
(c) 
Existing and proposed streets or other accessways;
(d) 
Proposed location of future roadway connections between the subject parcel and adjacent parcels;
(e) 
Location and dimensions of existing and proposed structures and paved areas;
(f) 
Proposed ingress and egress of the site;
(g) 
Site topography;
(h) 
Significant natural and historic features as specified in § 164-46G(3)(h) and (i);
(i) 
Photographs of the site and buildings thereon; and
(j) 
Any other similar descriptive data to clarify the proposed project.
G. 
Required site plans. A complete application for site plan approval shall be made in writing to the Planning Board and shall be accompanied by 12 copies of plans and any descriptive matter as determined necessary by the Planning Board at the time of the sketch plan conference. Only complete applications for site plan review shall be considered for approval. For proposals that are expected to have a minimal impact on surrounding properties, the Planning Board may, at its discretion, waive any of the requirements of this subsection for specific applications upon request of the applicant. Site plans shall be prepared by a licensed professional engineer, architect, or landscape architect, shall refer to specific data sources, and shall include the following information:
[Amended 1-24-2002 by L.L. No. 2-2002; 10-24-2002 by L.L. No. 6-2002]
(1) 
Application form. A completed application on forms prescribed by the Planning Board.
(2) 
Vicinity maps. A vicinity map drawn at a scale of 2,000 feet to the inch or larger that shows the relationship of the proposal to existing community facilities that will serve or influence the layout, such as roads, trails, shopping areas, schools, parks, employment centers, churches, firehouses, structures or areas of historic or scenic importance as identified in official Town documents or by the local historical society, and such other facilities that the Planning Board determines are appropriate. Such a sketch may be superimposed on the most recent United States Geological Survey's topographic map of the area. A Town tax map shall also show all properties, subdivisions, streets, power lines, and easements within 500 feet of all property lines of the subject parcel under consideration for site plan review.
(3) 
Site plan. A site plan or set of plans of the entire parcel(s) under consideration drawn at a scale of 40 feet to the inch (one inch equals 40 feet) or other appropriate scale as determined by the Planning Board on standard twenty-four-inch-by-thirty-six-inch sheets, showing the following:
(a) 
Title of drawing, including the name and address of the owner of record, applicant, and licensed professional(s) responsible for the preparation of such drawing, including seal and signature.
(b) 
North arrow, scale and date.
(c) 
Boundaries of the property with surveyed dimensions.
(d) 
Names of all owners of record adjacent to the applicant's property.
(e) 
Existing school district (if applicable), zoning district, and overlay district boundaries, and any special features as indicated on Figure 10 of the Town of Warwick Comprehensive Plan[4] within 500 feet of the site's perimeter.
[4]
Editor's Note: The Comprehensive Plan is on file in the office of the Town Clerk.
(f) 
Acreage of each distinct existing and proposed land use on the applicant's property, and the proposed density of each if residential uses are proposed.
(g) 
Grading and drainage plan showing existing and proposed contours with intervals of two feet extending 50 feet beyond the tract. If any portion of the parcel is within a one-hundred-year floodplain as determined by the Federal Emergency Management Agency (FEMA), the area will be shown, and base flood elevations given.
(h) 
Location and boundaries of all existing natural land features on the property, including rock outcrops, isolated trees 12 inches or more in diameter at breast height (dbh) and all trees over 24 inches in dbh (whether isolated or in a forested area), existing vegetative and forest cover, orchards, hedgerows and other ornamental landscaping, stone walls, soil types and boundaries, active farmlands and prime agricultural soils, visually prominent agricultural landscape features, such as fields, pastures, and meadows on knolls and hilltops, woodlands along roadways, property lines, and streams, scenic vistas, steep slopes in excess of 15%, and water sources. Water sources include ponds, lakes, wetlands and watercourses, aquifers, aquifer recharge areas, floodplains, and drainage retention/detention areas. Locally significant trees include, but are not limited to, rare or unusual species, trees associated with historic events or persons, or trees that contribute to an identified scenic viewshed.
(i) 
Location of all existing buildings, structures, signs, and agricultural lands, on adjacent property within 100 feet of the subject lot lines.
(j) 
Location, proposed use, height, and setback measurements of all existing and proposed buildings, structures and signs on the applicant's property, including floor plans, and plans for exterior elevations at a scale of one-quarter inch equals one foot showing the structure's mass and architectural features, and indicating the type and color of materials to be used. A table indicating square footage of building areas to be used for a particular use, such as retail operation, office use, warehousing, or other commercial activity; maximum number of employees; maximum seating capacity, where applicable; and number of parking spaces existing and required for the intended use. In a development of two or more lots, the elevation shall be understood to be the median elevation of all principal buildings to be sited.
(k) 
Traffic flow patterns within the site, entrances and exits, truck/commercial vehicle loading and service areas, curb cuts on the site and within 100 feet of the site, and all streets which are either proposed, mapped or built.
(l) 
The location, design and construction materials of all off-street parking areas (open and enclosed, if any), including the number of parking spaces required and to be provided. The Planning Board shall encourage the provision of parking areas using alternative paving materials, such as paving blocks where the interstices are filled with sod, or through parking reserve areas which may not be constructed until and unless demand is evident.
(m) 
The location, design and construction materials of all present and proposed walkways, bicycle paths and racks, benches, ramps, outdoor storage or display areas, retaining and/or landscaping walls and fences.
(n) 
A landscape plan showing all proposed changes to existing natural land features, including size and type of plant material, and the number, size, types and locations of all trees, shrubs and ground covers to be added. A planting schedule and a landscape maintenance plan shall be included. Trees to be saved shall be noted on site plans, and appropriate measures shall be outlined to protect the tree stock from damage during construction. Open space and recreational areas shall be identified. The location and proposed development of all buffer areas between the proposed site and adjacent properties, including existing vegetative cover and that portion that will be preserved or enhanced, shall be also indicated. The applicant's site plans shall show all live plant materials and nonplant materials, such as those described herein, to be installed on the site in order to meet the landscape requirement. The landscape plan shall also include an analysis of how the site is to be prepared for plant material installation with an emphasis on soil quality and available depth. All playground, parking, storage, waste, and service areas shall be reasonably screened at all seasons of the year from the view of adjacent residential lots and streets, and the general landscaping of the site shall be in character with that generally prevailing in the neighborhood. Existing trees should be retained and protected during construction. Isolated trees over 12 inches in caliper shall be identified as to caliper and species, located on the landscape plan, and shall be preserved to the maximum extent practical. Parking lot landscaping shall comply with § 164-43.2A(7) in addition to the requirements of this section. Where conflicts exist, the more restrictive provisions apply. Commercial agriculture is generally exempt from the landscaping requirements of the chapter, except as specifically identified herein.
[1] 
In all zoning districts allowing nonresidential uses, and in the case of all nonresidential uses in residential zoning districts, a landscaped strip shall be provided on the property adjacent to the right-of-way. Where parking lots are immediately adjacent to the public right-of-way, the provisions of § 164-43.2A(7) apply. The landscaped strip may not include any paved area except pedestrian sidewalks or trails which cross the landscaped strip. Any of the following landscaped strip treatments may be used singly or in combination:
[a] 
Provide a minimum ten-foot wide landscaped strip to be planted with a minimum of one shade tree and 10 shrubs per 35 linear feet of frontage, excluding driveway openings.
[b] 
Maintain existing mature woodlands.
[c] 
Where the plantings required in Subsection G(3)(n)[1][a] or [b] above would result in an inappropriate or impractical design due to underground utilities, overhead wires, or other factors, the following will apply: two ornamental trees may be substituted for one shade tree; two evergreen trees may be substituted for one shade tree; one evergreen tree may be substituted for five shrubs.
[2] 
Site plans shall specify the location, type, and size of major existing plant materials, including trees, with information and justification as to which such materials shall be removed and which shall be retained or relocated. Such plans shall also specify the location, size, type, quantity, and planting spacing of all proposed plant and other landscape materials, including irrigation systems.
[3] 
Landscaping shall be installed with adequate precautions to ensure survival, as shown on the approved landscape plan, prior to issuance of a certificate of occupancy for the building or use.
[a] 
Landowners shall be responsible for proper maintenance and care of all landscape treatments approved by the Planning Board. The Town's Code Enforcement Officer is authorized to inspect periodically all landscape treatments, including screening, as approved by the Planning Board or to investigate complaints made by any official or private citizen concerning the maintenance of such landscape treatments. If completion of required landscape work is not practical due to seasonal or weather conditions, the applicant shall submit assurances to the Town Building Inspector for the completion of landscaping. The acceptable assurance guaranteeing the completion of landscaping shall be an irrevocable letter of credit, certified check, performance bond, or other acceptable assurance, equal to the cost of the landscaping work accompanied by written assurance that such landscaping shall be completed in accordance with an approved site plan within a specified period of time not exceeding six months from the date of occupancy.
[b] 
Required landscaping shall be maintained in a healthy, growing condition at all times. The property owner or lessee is responsible for regular weeding, mowing of grass, irrigating, fertilizing, pruning, and other maintenance of all planting as needed. Any plant that dies shall be replaced with another living plant that complies with the approved site plan within 90 days, or as soon as practical given weather conditions, after notification by the Town Building Inspector.
[c] 
A three-year maintenance bond shall be provided to ensure successful planting.
[Amended 9-11-2003 by L.L. No. 4-2003]
(o) 
The location, design and construction materials of all existing and proposed utility systems including:
[1] 
Water supply system.
[2] 
Sewage disposal.
[3] 
Telephone, cable and energy systems, including electric, oil, gas, solar or other energy system.
[4] 
Storm drainage system, including but not limited to existing and proposed drain lines, culverts, catch basins, headwalls, endwalls, manholes, and drainage swales.
(p) 
The location of fire and emergency accessways and zones, including the location of fire hydrants or of the nearest alternative water supply for fire emergencies.
(q) 
The location, type, and screening details for solid waste disposal facilities and containers.
(r) 
The proposed location, height, orientation, type of illuminating device, bulb type and wattage, and photometric data of all outdoor lighting fixtures, as required in § 164-43.4 of this chapter.
(s) 
The location, height, size, materials, design, and illumination of all present and proposed signs and other advertising or instructional devices, as required in § 164-43.1 of this chapter.
(t) 
Estimates of noise generation.
(u) 
Inventory and quantity of hazardous materials anticipated for on-site storage and/or use, if applicable.
(v) 
Plans for the disposal of construction and demolition waste, whether on-site or at a New York State approved solid waste management facility.
(w) 
In the case of residential development, payment of a recreation fee is required as provided by Chapter 75 of the Town Code.
(x) 
For projects involving more than one phase, a site plan indicating the ultimate development of the entire property.
(4) 
Supporting materials. The following materials shall be submitted:
(a) 
A copy of the deed to the property as most recently filed and/or a copy of the executed contract of sale.
(b) 
A copy of each covenant, easement or deed restriction in effect or intended to cover all or part of the tract.
(c) 
Written offers of easement to the Town of Warwick or other pubic agencies for purposes of stormwater drainage, utility rights-of-way, etc.
(d) 
Identification of all necessary permits from federal, state, county or local agencies, approvals required from said agencies for the project's execution, and proof of special permit and/or variance approvals if applicable.
(e) 
As applicable, soil logs from on-site borings or test pits, percolation test results, and stormwater runoff calculations
(f) 
As applicable, plans to prevent:
[1] 
The pollution of surface or groundwater;
[2] 
Erosion of soil both during and after construction;
[3] 
Excessive runoff;
[4] 
Excessive raising or lowering of the water table; and
[5] 
Flooding of other properties.
(5) 
Additional supporting materials. The Planning Board may require the following additional supporting materials to be submitted, depending on the size and potential degree of impact on the Town:
(a) 
Analysis of fiscal impacts to the Town including projected tax revenues and cost of community services using a methodology in common use, such as that described in the most recent versions of Rutgers University's Center for Urban Affairs publications entitled "The Fiscal Impact Handbook" and "The New Practitioner's Guide to Fiscal Impact Analysis."
(b) 
A traffic impact study and analysis due to the proposal's location in heavy traffic areas or traffic generating characteristics. Such study and analysis shall be funded by the applicant, shall be consistent with the Traffic Study Methodology Guidelines published by the New York State Department of Transportation, and shall include:
[1] 
The projected number of motor vehicle trips to enter or leave the site, estimated for daily and peak hour traffic levels;
[2] 
The projected traffic flow pattern, including vehicular movements at all major intersections likely to be affected by the proposed use of the site;
[3] 
The impact of this traffic upon existing abutting public and private ways in relation to existing road capacities. Existing and proposed daily and peak hour traffic levels as well as road capacity levels shall be given.
[4] 
Such other supporting materials as deemed necessary by the Planning Board.
H. 
Standards for review and design. The purpose of good site design is to create a functional and attractive development, to minimize adverse impacts, and to ensure that a development project will be an asset to the community. To promote this purpose, the Planning Board, in reviewing site plans, shall consider the standards set forth below and the Town of Warwick Design Standards.[5] Such standards are intended to provide a framework within which the designer of the development is free to exercise creativity, invention and innovation while recognizing the Town's rural, scenic and historic qualities. The Planning Board may require submission of alternative design and layout proposals based on the standards in this section and the Design Standards.
[Amended 12-9-2010 by L.L. No. 6-2010]
(1) 
Site layout and design considerations. To the maximum extent practicable, development shall be located to preserve the natural features of the site and to avoid wetland areas, steep slopes, significant wildlife habitats and other areas of environmental sensitivity. The placement and design of buildings and parking facilities shall take advantage of the site's topography, existing vegetation and other pertinent natural features.
(a) 
The site shall be planned to create a desirable relationship to the streetscape, and to provide for adequate landscape plantings, safe pedestrian movement, and adequate parking areas.
(b) 
All buildings in the plan shall be integrated with each other and with adjacent buildings and shall have convenient access to and from adjacent uses.
(c) 
Parking areas should be placed at the rear and/or side of principal buildings so they are not visible from public roads. Where site limitations necessitate that parking areas be located adjacent to a public road, a berm, masonry wall, solid fence or evergreen hedge at least 30 inches in height above grade at the time of planting shall be installed to screen the view of parking areas from the road or street. Existing vegetation, which is proposed for preservation, may also be used to screen the view of parking areas.
(d) 
Newly installed utility service systems, and service revisions necessitated by exterior alterations, shall be installed underground. When feasible, existing aboveground utility service systems shall be placed underground.
(2) 
Relationship of buildings and site to adjoining areas. Site plans involving nonresidential uses proposed adjacent to a residential district or residential uses shall be reviewed with regard to the impact of the development on such district or use. The Planning Board shall encourage the use of a combination of landscaping, buffers, berms, screens, visual interruptions, and common building materials to create attractive transitions between buildings of different architectural styles and uses.
(3) 
Building design.
(a) 
Individual buildings shall relate to each other and to traditional structures in the surrounding area in lot placement, scale, height, and connections to harmonize visually and physically with the traditional character of the area.
(b) 
New architecture shall relate to the traditional historic building standards of the Town of Warwick in regard to design, mass, scale, proportion, materials, texture, and color. Building components such as windows, rooflines and pitch, doors, eaves and parapets shall be compatible with historic structures in the Town. Vertical, double-hung windows, and steeply pitched roofs are encouraged.
(c) 
Treatment of the sides and rear of all buildings shall be comparable in amenity and appearance to the treatment given to street frontages of these same buildings.
(d) 
Rooftop and ground level mechanical equipment shall be screened from public view by the use of materials harmonious with the building, or shall be located so as not to be visible from any public ways.
(4) 
Parking and loading facilities. Parking and loading facilities shall be planned and developed in accordance with § 164-43.2.
(5) 
Access.
(a) 
All entrance and exit driveways shall be located with due consideration for traffic flow so as to afford maximum safety to traffic on public streets and shall be reviewed and approved by the appropriate state, county, or local authority prior to the granting of site plan approval.
(b) 
Similar land uses shall provide, wherever practical, cross access between properties to reduce the number of curb cuts and limit the amount of traffic on the main arterial or collector street fronting the development. The Planning Board may require individual developers to construct a site layout that facilitates future cross access in anticipation of future adjacent development.
(c) 
Similar land uses shall provide, wherever practical, joint access to arterials or collector streets fronting the development to minimize disruption of traffic flow, reduce potential points of conflict between through and turning traffic, and facilitate the control and separation of vehicles and pedestrian movement. The Planning Board may require individual developers to construct a site layout that facilitates future joint access in anticipation of future adjacent development.
(d) 
All buildings shall be accessible to emergency vehicles. If the Planning Board deems it necessary, it shall refer the application to the applicable emergency services providers for comment on the proposed access arrangements.
(6) 
On-site circulation.
(a) 
On-site roadways, pedestrian walks and bicycle paths shall properly relate to existing and proposed buildings. They shall be designed to permit the safe, efficient and convenient movement of vehicles, pedestrians, and bicyclists on site, and the safe connections with adjoining properties where appropriate.
(b) 
Landscaped, paved, and comfortably graded pedestrian walks shall be provided along the lines of the most intense use, particularly from building entrances to streets, parking areas, and adjacent buildings, and shall be separated from motor vehicle circulation.
(c) 
For any use to which the public is expected to visit, the plan shall make proper provision for buildings and site developments that are accessible to and functional for physically disabled persons, such as by provisions of walks and ramps of suitable width and grade, curb cuts, identified wide parking spaces and ground level building entrances, as required in the New York State Uniform Fire Prevention and Building Code and other applicable state and federal laws.
(7) 
Drainage.
(a) 
The proposed development shall be designed to provide for proper surface water management through a system of controlled drainage that preserves existing drainage patterns, protects other properties and public roadways, and mitigates water quality impacts to the greatest extent practical. Drainage plans shall be reviewed by the Town Engineer prior to approval. To the greatest extent practical, drainage systems shall be designed to avoid an increase in peak stormwater volume and velocity.
(8) 
Landscaping and screening.
(a) 
Landscaping should dominate the site plan and integrate the various elements of site design, preserving and enhancing the particular identity of the site, and creating a pleasing site character.
(b) 
Landscape plantings of shrubs, ground cover, and shade trees, as well as perennials and annuals and other materials, such as rocks, water, sculpture, art, walls, fences, paving materials and street furniture, shall be encouraged to create pedestrian scale spaces and to maintain a landscape continuity within the community. All landscaping within the site shall be designed to facilitate conservation of the environment and preservation of community aesthetic character. This shall be accomplished through the use of native plant material and the retention of existing natural vegetation, thereby reducing or eliminating the need for irrigation, pesticides, herbicides, and fertilizers.
(c) 
The preservation of mature plant species, hedge rows, wetlands and woodlots shall be encouraged and included as a design element in the development of the site.
(d) 
Existing isolated tree stock 12 or more inches in diameter at breast height and trees 24 or more inches in diameter at breast height shall be protected and preserved to the maximum extent practical to retain valuable community natural resources and promote energy conservation by maximizing the cooling and shading effects of trees.
(e) 
Landscaping shall be used to create boundaries and transitions between areas of differing development intensities as well as to separate areas of incompatible land uses. A buffer zone thickly planted with native trees and shrubs of sufficient width to entirely screen a nonresidential use from a neighboring residential use shall be required. A buffer zone, as determined by the Planning Board, shall be provided on the subject parcel of any residential development occurring adjacent to a farm.
(f) 
Open space shall be designed as an integral part of the overall site design and shall be appropriately landscaped.
(g) 
Parking facilities shall be landscaped and screened from public view, to the extent necessary to eliminate the unsightliness of parked cars, and shall comply with the requirements of § 164-43.2.
(h) 
Solid waste facilities and containers, outdoor service areas, and loading docks shall be screened around their perimeter from the street and from other adjacent residential areas through the addition of conifer plantings or architectural elements. Outdoor storage shall be prohibited.
(9) 
Signs. All signs shall comply with the sign regulations of § 164-43.1 of this chapter.
(10) 
Lighting. All outdoor lighting shall comply with the lighting regulations of § 164-43.4 of this chapter.
(11) 
Trails.
(a) 
In developments where the Town of Warwick Greenway Trail System is proposed to cross the subject parcel, as indicated on the Official Town Map or the Town of Warwick Comprehensive Plan,[6] such trail location shall be shown on the site plan. In accordance with §§ 274-a(6) and 277-4 of New York State Town Law, such land required for the Town of Warwick Greenway Trail shall be provided upon a finding by the Planning Board that a proper case exists for requiring such recreational land. The type of construction of trails shall be compatible with the anticipated use.
[6]
Editor's Note: The Comprehensive Plan is on file in the office of the Town Clerk.
(b) 
In developments where a link to schools, churches, shopping areas, trails, greenbelts and other public facilities is feasible, a trail system shall be provided. The type of construction of trails shall be compatible with the anticipated use.
(12) 
Noise.
(a) 
Structures shall be located, constructed, and insulated to prevent on-site noise from interfering with the use of adjacent properties. Similarly, buildings shall be situated to prevent off-site noise from intruding on new development. In no case shall off-site noise exceed the standards contained in § 164-48 of this chapter. Procedures for evaluating noise in common usage, such as the U.S. Department of Housing and Urban Development's The Noise Guidebook (HUD-953-CPD) shall be used to determine impacts and mitigation.
(b) 
Methods for reducing noise shall be used where appropriate, and shall include fencing, walls, and natural buffers, such as berms and landscape planting with deciduous and coniferous trees and large shrubs.
[5]
Editor's Note: The Design Standards are on file in the office of the Town Clerk.
I. 
Agency, consultant, and public review.
(1) 
Agency and consultant review. In its review, the Planning Board may consult with the Town Building Inspector, the Commissioner of Public Works, the Architectural Review Board, Conservation Board, Shade Tree Commission, appropriate emergency services providers, other local and county officials and boards, and its designated private planning, engineering, legal, and other consultants, in addition to representatives of federal and state agencies, including, but not limited to, the State Department of Transportation, the State Health Department, the State Office of Parks, Recreation and Historic Preservation, the Secretary of State, the State Department of Environmental Conservation, the Palisades Interstate Park Commission, the U.S. Army Corps of Engineers, US Fish and Wildlife Service, and the U.S. Department of Agriculture's Natural Resources Conservation Service.
(2) 
Public hearing and notice.
(a) 
The Planning Board shall not authorize any use requiring special permit approval without first holding a public hearing at which interested parties and citizens shall have an opportunity to be heard. The public hearing shall be conducted within 62 calendar days of the Planning Board's determination that the application is complete. The Planning Board, by resolution at a stated meeting, shall fix the place, date, and time of the public hearing.
(b) 
The Planning Board shall be responsible for publication of the public hearing notice in a newspaper of general circulation in the Town at least five days before the date of such hearing. This notice shall include a general description of the proposal which is the subject of the application and shall identify the applicant and the location of the proposal. Notice shall also be posted on the bulletin board of the Town Hall at least five days prior to the date of the hearing.
(c) 
The Planning Board shall mail copies of the public hearing notice at least five days prior to the public hearing, or as otherwise required to by state law to the applicant, involved agencies, and as otherwise required by SEQR, and to all owners of land within 500 feet of a farm operation located in a New York State Agricultural District; such owners shall, in addition, be sent an Agricultural Data Statement on forms supplied by the Town of Warwick and prepared by the applicant. In addition, the Planning Board shall cause notice to be given of the substance of the application, together with notice of the hearing thereon, by causing notices thereof to be mailed at least five days before the date of the hearing to the owners of the property abutting that held by the applicant in the immediate area, whether or not involved in such application, and all other owners within 300 feet, or such additional distance as the Planning Board may deem advisable, from the exterior boundaries of the land involved in such application, as the names of said owners appear on the last completed assessment roll of the Town. Such notice shall be by ordinary mail, and, at the discretion of the Planning Board, the Secretary of the Planning Board or the applicant, shall furnish proof of compliance with the notification procedure, all costs required and fees assessed by the Secretary of the Planning Board to be borne by the applicant, in accordance with Chapter 75, Development Fees.
[Amended 2-18-2010 by L.L. No. 1-2010]
(d) 
Any or all of the notices required by this subsection shall be issued by the Secretary of the Planning Board on order of the Planning Board or upon order of the Chairman of the Board if the application is received when the Board is not in session and the Chairman deems it necessary or desirable to expedite the public hearing on such application. Provided that due notice shall have been published as above provided and that there shall have been substantial compliance with the remaining provisions of the subsection, the failure to give notice in exact conformance herewith shall not be deemed to invalidate any action taken by the Planning Board.
(e) 
If the land involved in any application lies within 500 feet of the boundary of any other municipality, the Town Clerk shall also transmit to the Municipal Clerk of such other municipality a copy of the official notice of public hearing thereon not later than the day after such notice appears in the official newspaper of the Town. Reports from the Orange County Planning Department shall be made part of the record of the hearing.
(3) 
Neighbor notification. The Planning Board shall require early notification to surrounding landowners of all applications filed with the Town Planning Department for uses requiring site plan and/or special use permit approval. The Planning Board shall cause notice to be given to all landowners within the areas identified in § 164-46I(2)(c). Such notice shall specify that an application for approval has been filed, will be considered by the Planning Board at scheduled Planning Board meetings, and shall be subject to a formal public hearing prior to approval. A sample neighbor notification letter is available from the Town Planning Department. The neighbor notification shall be sent at least seven days prior to the first scheduled Planning Board meeting in which the application has been placed onto a Planning Board agenda.
[Added 10-8-2015 by L.L. No. 4-2015]
J. 
Special conditions. (See the Table of Use Requirements for uses where one or more of these conditions are applicable.)[7]
(1) 
No greenhouse heating plant shall be operated within 50 feet of any adjoining residential lot line.
(2) 
No dog kennel, runway or exercise pen shall be located within 300 feet of any lot line.
(3) 
A buffer strip of 200 feet is required separating a building used for warehousing and wholesaling of farm products, and for retail sale or production of farm and food processing supplies from any residence on an adjoining lot.
[Amended 4-14-2022 by L.L. No. 3-2022]
(4) 
Open development area road specifications will be required for residential subdivisions in the Mountain District pursuant to the provisions of Chapter 137, Subdivision of Land.
(5) 
No building permit shall be issued and no lot shall be sold or conveyed in an open development area unless the purchaser of such lot shall file a statement with the Town Clerk that he/she fully understands that the lot has frontage on a private right-of-way or easement which shall not be accepted by the Town or maintenance as a public street unless fully improved by abutting property owners to the minimum width and construction standards required for public streets by the Town of Warwick. The final plat shall be endorsed to this effect prior to being signed.
(6) 
The home occupation strictly conforms with the use limitations specified within § 164-43.5A(10), the general considerations found in § 164-46E, and to the definition found in § 164-20 of this chapter. The special use permit granted expires when the occupation changes or the property is sold.
(7) 
The lot on which the home occupation is proposed meets the minimum lot area and setback requirements set forth in the Table of Bulk Requirements[8] for the district and the accessory structure proposed to house the home occupation similarly meets all setback and related bulk requirements set forth in this chapter.
[8]
Editor's Note: The Table of Bulk Requirements is included at the end of this chapter.
(8) 
The activity shall be compatible with the residential use of the property and the neighborhood and shall not require a use variance, provided that:
(a) 
The volume of invitees or guests who visit the home occupation premises is not in excess of six per day.
(b) 
The volume of deliveries or truck traffic is not in excess of an average of one per day.
(c) 
The activity does not generate any solid waste or sewage discharge, in volume or type, which is not normally associated with residential use in the neighborhood.
(9) 
Only customary household appliances and equipment shall be used, and no offensive noise, vibration, glare, dust, odors, heat, fumes, smoke, or electrical interference, shall be detectable to the normal senses off the lot. In the case of electrical interference, no equipment or process shall be used which creates visual or audible interference in any radio or television receivers off the premises.
(10) 
Townhouse style units are only permitted within a cluster subdivision, only if such units are in condominium, cooperative or other similar ownership, and only if community water and sewer are provided. The applicable zoning district(s) bulk requirements shall be used to calculate permissible density.
[Amended 10-24-2002 by L.L. No. 6-2002; 9-11-2003 by L.L. No. 4-2003]
(11) 
One accessory residence to a single-family dwelling may be located on a lot as a guest home, not to exceed the size of the principal residential structure and not to be erected within the required front, side or rear yards of the principal building. Together, the principal residential structure and the accessory residence must occupy an area that could be legally subdivided, resulting in two conforming lots, each with a principal residential structure.
(12) 
[9]Elder cottage housing option in the AI and AP-O Districts provided:
[Added 10-24-2002 by L.L. No. 6-2002; amended 9-11-2003 by L.L. No. 4-2003]
(a) 
The principal dwelling on the premises is owner-occupied.
(b) 
The principal dwelling is located on a single lot with a lot area of not less than 1 1/2 acres.
(c) 
The ECHO unit shall be located no closer to any front property line than the principal dwelling on the lot or on that lot directly adjacent.
(d) 
A reasonable determination can be made that the existing water supply and sewage disposal facilities are adequate or will be suitably improved to accommodate the ECHO unit.
(e) 
All further requirements of the Town of Warwick are acknowledged in writing by the applicant, including a requirement that the special use permit will be annually reviewed for renewal by the Building Department and the further requirement that the structure be properly removed from the premises and its site restored to lawn area within six months of its discontinuance of use as an eligible elder cottage housing (ECHO) unit.
[9]
Editor's Note: Former Subsection J(12), which provided that an accessory professional office or studio must be incidental to the residential use of the premises and be carried on by the resident therein, was repealed 1-24-2002 by L.L. No. 2-2002.
(13) 
[10]Two-story mixed-use buildings. The Town Board has determined that it is appropriate to provide a place in the community for attractive development of business activities that serve community needs and to promote a place where affordable housing can be integrated with businesses in a traditional manner. Specific uses identified in § 164-46J(13)(a) and (b) herein are permitted in two-story mixed-use buildings, subject to the issuance of a special use permit that meets the following additional special conditions:
(a) 
Ground-floor uses in a two-story mixed-use building are limited to retail stores, banks, personal service establishments, service establishments, eating and drinking places, delicatessens, coffee shops, luncheonettes, and business and professional offices.
[1] 
All buildings and the site shall be designed to comply with the Town of Warwick's design standards for architecture, building, landscaping, human scale lighting, and a pedestrian-friendly environment as illustrated in Appendix A[11] of the Zoning Law.
[11]
Editor's Note: Appendix A is on file in the Town offices.
[2] 
Retail uses, including banks, eating and drinking places, delicatessens, coffee shops and luncheonettes, shall not exceed 1/3 of the floor area of a building. Business and professional offices, personal service establishments, and service establishments shall not exceed 1/3 of the floor area of a building.
(b) 
Second-floor uses are limited to one- and two-bedroom apartments (800 to 1,400 square feet), business and professional offices and live/work units.
[1] 
Residential uses, including studios, one- and two-bedroom apartments and live/work units, shall not exceed 2/3 of the floor area of a three-story building and 1/2 of the floor area of a two-story building.
[Amended 4-14-2022 by L.L. No. 3-2022]
[2] 
Two-bedroom apartments shall not exceed 25% of the total number of dwelling units in a building.
(c) 
Additional infill development density, on existing developed properties within the LB District, is available, provided the following additional requirements are met:
[1] 
Within the LB District, no application for site plan approval, special use permit approval, and/or subdivision approval shall be approved unless the standards applicable to infill development in § 164-47 of the Zoning Law (i.e., TN-O District standards and Appendix A[12] of the Zoning Law) have been incorporated into the development designs to the greatest extent practicable. The Planning Board, as a condition of such approval, is empowered to modify the area and bulk regulations found in the Table of Bulk Requirements and may impose modifications that would have to be incorporated into the proposed action to merit a determination of consistency with the standards and guidelines set forth herein. The Planning Board's findings shall include a rationale for any waiver or modification granted to a specific standard. The Planning Board may, in granting waivers or modifications to these standards, incorporate such reasonable conditions as will, in its judgment, substantially secure the objectives of the requirements so waived.
[12]
Editor's Note: Appendix A is on file in the Town offices.
[2] 
Projects deemed consistent with the infill standards, by the Planning Board, are eligible for an increase in density of 50% over the minimum requirements of the Table of Bulk Requirements. Any increase in density granted shall comply with the Zoning Law's building limitations for infill uses.
[3] 
All projects within the LB District shall fully comply with the Town's stormwater management requirements, and proper provisions shall be made for water supply and sewage disposal in accordance with Town of Warwick and Orange County Department of Health requirements. This may include connection to the municipal wastewater treatment system and/or community water supply system if such exists at the time of approval.
[4] 
The Planning Board remains responsible for determining the adequacy of parking and may require a parking study by a qualified parking consultant to accommodate the infill allowance requirements. Shared parking and other methods may be used to satisfy the parking requirements.
(d) 
All subdivisions of land within the LB district shall be subject to the site plan requirements of § 164-46 of the Zoning Law.
(e) 
All developments shall be subject to the Town of Warwick's and/or the United States Environmental Protection Agency's low-impact development strategies (whichever is more stringent) for the area's stormwater management system to enhance and protect surface water and groundwater quality, maintain the integrity of aquatic resources, wildlife habitats and ecosystems, and preserve the physical integrity of the District's wetland.s and tributaries.
[10]
Editor's Note: Former Subsection J(13), which provided that an accessory professional office or studio shall not occupy more than 40% of the area of the ground floor of the main building, was repealed 1-24-2002 by L.L. No. 2-2002.
(14) 
The keeping or boarding of any dogs by a veterinarian shall require approval by the Planning Board.
(15) 
Swimming pools accessory to residential uses shall be regulated in accordance with Chapter 140, Swimming Pools.
(16) 
Accessory to a residential use, the keeping of dogs shall not exceed three dogs over six months old nor more than one litter under six months of age on a lot of less than three acres; the keeping of dogs shall not exceed six dogs over six months old nor more than two litters under six months of age on a lot of less than six acres; livestock and bees [according to the limitations and requirements of Subsection J(101) of this section] and not more than 10 fowl, rabbits, or other small domesticated animals shall be permitted; and no animals, bees, or fowl shall be housed within 100 feet of any lot line, except where livestock animals are housed, then such housing shall be set back 150 feet from any lot line. Any penning area less than one acre in size shall be set back 50 feet from any lot line, all animals shall be contained on the property. No storage or spreading of manure or other odor- or dust-producing substance or use shall be allowed within 150 feet of any lot line. See also special condition in Subsection J(101) for large animals and bees.
[Amended 9-11-2003 by L.L. No. 4-2003; 10-27-2016 by L.L. No. 4-2016; 4-26-2018 by L.L. No. 2-2018; 7-13-2023 by L.L. No. 3-2023]
(17) 
A structure being converted from a one-family to a two-family dwelling shall have contained on the effective date of this chapter 2,000 square feet of livable floor area with 1,000 square feet for each additional dwelling unit created.
(18) 
Accessory commercial agricultural buildings shall conform to the yard requirements for principal buildings.
(19) 
Within 150 feet of any lot line of a commercial agricultural operation, boarding or livery stable, riding academy, place for the rental of horses or public stable, there shall be no stable or similar animal housing, no penning area smaller than one acre in size nor storage of manure or other odor- or dust-producing substance or use, except spraying or dusting to protect vegetation.
(20) 
Accessory tenant housing and mobile homes to house tenant and migrant farm laborers shall be located no closer than 100 feet from any public road, shall be suitably landscaped in accordance with § 164-46H(8), shall be operated in conformance with Orange County Health Department regulations, and shall be located only on land that is considered a part of the same farming operation in which the tenant/migrant labor is employed. Employment documentation shall be provided annually to the Town Code Enforcement Officer.
[Amended 10-24-2002 by L.L. No. 6-2002]
(21) 
Dormitory accommodations for housing migratory agricultural workers shall be constructed in conformance with the New York State Multiple Residence Law and Orange County Health Department regulations and shall be located only on land that is considered a part of the same farming operation in which the dormitory accommodations is located.
(22) 
Farm stands selling agricultural and nursery products shall not exceed 500 square feet of retail display floor area and shall be located only on land that is considered a part of the same farming operation in which the farm stand is located.
[Amended 9-11-2003 by L.L. No. 4-2003]
(23) 
No building permit for a new residence shall be issued and no lot shall be sold or conveyed in the Agricultural Industry (AI) and Agricultural Protection Overlay (AP-O) Zoning Districts unless the applicant/purchaser of such residence/lot shall file a statement with the Town Clerk that he/she fully understands that the lot lies within the Agricultural Zoning District within which the primary activity is farming. Certain aspects of customary agricultural procedures (namely, spraying and dusting of hazardous chemicals, noise and odors, hours of operation, as well as airborne soil erosion) constitute ongoing hazards and nuisances to which the residents of such dwelling unit willingly subject themselves. Also, the final plat shall be endorsed to this effect and the recording information for a deed declaration placed on the map prior to being signed.
[Amended 10-24-2002 by L.L. No. 6-2002]
(24) 
Cemeteries shall be subject to approval by the Town Board.
(25) 
A state-accredited private school, except nursery schools, shall be a nonprofit organization within the meaning of the Internal Revenue Act and shall be registered effectively as such hereunder.
(26) 
Philanthropic and eleemosynary institutions, convalescent or rest homes, hospitals or sanatoriums for general medical care shall have frontage on a state or county road, and only on a Town road if approved by the Town Highway Superintendent.
(27) 
[13]Townhouse-style dwellings are permissible in cluster developments only if they comply with the dimensional standards and neighborhood and architectural design standards found in § 164-47C and D, the Traditional Neighborhood Overlay (TN-O) Zoning District.
[Added 9-11-2003 by L.L. No. 4-2003]
[13]
Editor's Note: Former Subsection J(27), which provided that an annual outdoor recreation membership club must be incorporated pursuant to statute and cater exclusively to members and their guests, was repealed 1-24-2002 by L.L. No. 2-2002.
(28) 
A special use permit is required for all Class 2 home occupations subject to the limitations of § 164-43.5.
(29) 
The use of outdoor public-address systems for any purpose shall be prohibited by an annual outdoor recreation membership club. Annual outdoor recreation membership clubs shall cater exclusively to members and their guests.
[Amended 1-24-2002 by L.L. No. 2-2002]
(30) 
Exterior lighting, other than that essential for the safety and convenience of the users of the annual outdoor recreation membership club, shall be prohibited.
(31) 
Public utility, transportation and communication uses shall be subject to such conditions as the Planning Board may impose in order to protect and promote the health, safety and general welfare of the community and the character of the neighborhood in which the proposed structure is to be constructed.
(32) 
Cabins, designed for one-family occupancy only, shall be permitted in camps.
[Amended 5-13-2021 by L.L. No. 2-2021]
(33) 
In summer colonies, accessory recreational facilities shall be set back 200 feet from all lot lines and shall be effectively screened along lot lines as required by the Planning Board.
(34) 
If floodlighting is used in a summer colony, it shall be arranged so as to eliminate the glare of the lights toward nearby residential areas.
(35) 
No public address system for outdoor use shall be permitted in a summer colony. Only unidirectional speakers shall be permitted in a ski area. The Planning Board may impose additional regulations to minimize any noise disturbance affecting nearby residential areas.
(36) 
All structures and uses in a camp shall be effectively screened along lot lines, as required by the Planning Board.
(37) 
All provisions of the Sanitary Code or such other regulations of the County Health Department pertaining to camps and their sanitary facilities must be complied with.
(38) 
Any areas to be used by aircraft under its own power on the ground shall be provided with a dustless surface.
(39) 
The hours of operation of an airport shall be limited by the Town Board to prevent disturbance to nearby residences.
(40) 
No area to be used by aircraft under its own power on the ground shall be less than 200 feet from any lot line. Evidence shall be presented to the Board that ample safeguards to minimize hazards and disturbances from noise of aircraft affecting residences and properties in the vicinity will be assured at all times of operation.
(41) 
The application for a permit shall be accompanied by evidence that the proposed airport facility will meet the standards and requirements of the Federal Aviation Administration.
(42) 
Access to areas used by aircraft in motion shall be controlled by fences and gates.
(43) 
Any outdoor amusement establishment use or drive-in theater located within 100 feet of a lot line shall be effectively screened along the lot lines. Screening shall consist of a type of fencing or a hedge of such type and spacing as may be required by the Planning Board, of an initial height of not less than six feet at the time of planting and pruned to a height of not less than 61/2 feet to adequately screen all operations on the lot from the view of neighboring properties.
(44) 
Appropriate sections of Chapter 150, Tree and Topsoil Removal; Grading and Excavation, shall apply to commercial lumbering, sawmill and stump grinding/mulch processing operations.
[Amended 5-13-2004 by L.L. No. 2-2004]
(45) 
Appropriate sections of Chapter 150, Tree and Topsoil Removal; Grading and Excavation, shall apply to extractive operations.
(46) 
Open development area road specifications will be required for recreational vehicle campgrounds pursuant to the provisions of Chapter 137, Subdivision of Land.
(47) 
Provisions of § 164-49.2 of this chapter shall apply to recreational vehicle campgrounds.
[Amended 9-11-2003 by L.L. No. 4-2003]
(48) 
Individual retail uses shall not exceed 60,000 square feet of gross floor area, whether in one building or more than one building.
(49) 
A group of retail business uses shall not exceed a total of 80,000 square feet of gross floor area, in all buildings on the lot.
[Amended 1-24-2002 by L.L. No. 2-2002]
(50) 
A permit is required from the Town Building Inspector for all Class 1 home occupations in accordance with § 164-43.5A(8).
(51) 
Accessory apartments are permissible accessory to a one-family dwelling or in a mixed-use building. When accessory to a one-family dwelling, owner-occupancy of the principal dwelling, on lands in which an accessory apartment is to be added to such dwelling or other structure, shall be required. Accessory dwelling units shall also comply with the following:
[Amended 10-24-2002 by L.L. No. 6-2002; 4-26-2018 by L.L. No. 2-2018]
(a) 
Accessory apartments require issuance of a permit by the Building Inspector. Permits shall be issued to individuals, not structures. Materials to assist the Building Inspector in reviewing an application for an accessory apartment permit shall include a floor plan of the existing residential structure and proposed accessory dwelling unit or the mixed-use building (whichever is applicable), a survey or other appropriate drawing or document showing the location and size of the existing and proposed septic system and well (if applicable), and the structures on the lot, both as they exist and as they would appear with the accessory dwelling(s).
(b) 
An accessory dwelling shall comply with the provisions of §§ 164-50 and 164-51 of this chapter, which requires issuance of a building permit for construction and a certificate of occupancy for occupancy.
(c) 
Renewal and revocation of permit. The accessory apartment permit shall be valid for the time period of the occupancy or ownership of the property. The permit may be renewed at the time of transfer of a property after inspection of the accessory apartment by the Building Inspector. The special use permit may be revoked by the Planning Board after due notice to the permittee and after a public hearing for cause which may include failure to comply with the above-stated conditions or any special condition attached to an individual permit, or for reasons as cited by the Building Inspector.
(d) 
Accessory apartments shall be limited to one bedroom and shall not exceed 750 square feet.
(52) 
Retail and service uses shall comply with § 164-47D(3)(d).
(53) 
Use of the Town of Warwick Design Standards is mandatory and such Standards can be found in Appendix A[14] of the Zoning Law.
[Amended 2-18-2010 by L.L. No. 1-2010]
[14]
Editor's Note: Appendix A is on file in the Town offices.
(54) 
A mobile home court shall be in full accordance with the provisions of § 164-49, but not more than one such mobile home court shall be permitted in the Town of Warwick.
(55) 
An area fully concealed from any street and equal to not more than 20% of the area devoted to retail sales shall be used for the processing of products.
(56) 
Not more than three employees may be employed in such establishment engaged in the production or processing of goods.
(57) 
Entrance and exit driveways of motor vehicle service stations shall have an unrestricted width of not less than 12 feet and not more than 25 feet and shall be located not nearer than 10 feet from any property line and shall be laid out so as to avoid the necessity of any vehicle backing out across any public right-of-way.
(58) 
Motor vehicle lifts or pits, dismantled automobiles and all parts or supplies shall be located within a building, unless fully screened from view from all sides.
(59) 
All service or repair of motor vehicles, other than such minor servicing as change of tires or sale of gasoline or oil, shall be conducted within a building.
(60) 
The storage of gasoline or flammable oils in bulk shall be located fully underground and not nearer than 35 feet from any property line other than the street line.
(61) 
No gasoline pumps shall be located nearer than 20 feet to any street line right-of-way.
(62) 
No building permit for a motor vehicle service station shall be issued within a distance of 200 feet of any school, church, hospital or other place of public assembly designed for occupancy by more than 50 persons or within 500 feet of another motor vehicle sales, service station or repair garage, said distance to be measured in a straight line between the nearest points of each of the lots or premises, regardless of the district where either premises is located.
(63) 
No motor vehicle sales, major repairing or wrecking and dismantling operations shall take place in a motor vehicle service station.
(64) 
Not more than five other vehicles shall be stored or parked outdoors for more than 48 hours in a motor vehicle service station.
(65) 
No motor vehicle shall be stored or parked in any required front yard of a motor-vehicle-related use, except a motor vehicle sales use.
(66) 
No motor vehicle sales or the storage and sale of motor vehicle fuel shall take place in a motor vehicle repair shop.
(67) 
Not more than 10 motor vehicles requiring servicing or repairs at a motor vehicle repair shop shall be stored or parked outdoors for more than 48 hours, and these shall be effectively screened from all property lines as prescribed in Subsection J(84) of this section and all other applicable regulations.
(68) 
No major motor vehicle servicing, repairing or wrecking and dismantling operations or the storage and sale of motor vehicle fuel shall take place at a motor vehicle sales establishment.
(69) 
No motor vehicle sales, service, repair or storage and sale of motor vehicle fuel shall take place at a motor vehicle laundry.
(70) 
The most restrictive requirements for all uses contained shall prevail when two or more motor-vehicle-related uses are combined.
(71) 
Total ground or floor area used for wholesale sales or storage shall not exceed 10,000 square feet.
(72) 
All goods in a wholesale sales or storage establishment shall be stored in conformance with the bulk regulations for buildings.
(73) 
All buildings and land in a designed shopping center shall be under unified ownership and management, shall have a unified architectural treatment relating each of the commercial establishments within, and shall have a common interrelated parking and site circulation system with consolidated access to public roads. The minimum initial commercial rental space per designed shopping center within enclosed buildings, including all component parts, shall be 15,000 square feet.
(74) 
Entrance and exit driveways for a designed shopping center shall be located not nearer than 10 feet from any side property line, not less than 50 feet from the nearest intersection of a public right-of-way and shall be laid out so as to avoid the necessity of any vehicle backing out across any public right-of-way.
(75) 
All special uses in the Designed Shopping (DS) and Community Business (CB) Districts and all display sales and storage accessory thereto, other than off-street parking, shall be carried on in buildings fully enclosed on all sides.
[Amended 12-9-2010 by L.L. No. 6-2010]
(76) 
Any Designed Shopping or Community Business District use located on a lot, any lot line of which lies within 100 feet of a residence or a residential district boundary, shall be screened along such lot line. Screening shall consist of a type of fencing or hedge of such type and spacing as may be required by the Planning Board, of an initial height of not less than six feet and adequate ultimately to screen all operations on the lot from the view of properties in the adjoining residence district.
[Amended 12-9-2010 by L.L. No. 6-2010]
(77) 
No motor vehicle wrecking or dismantling operation or the sale of motor fuel shall take place at a motor vehicle sales and service operation.
(78) 
The Planning Board may reduce the minimum square footage of the proposed building to a minimum of 7,000 square feet for motor vehicle sales, in a designed shopping center.
(79) 
For stump grinding/mulch processing uses in the Agricultural Industry and Office and Industrial Park Zoning Districts, direct ingress and egress to a state or county highway is required for all operations. No stump grinding/mulch processing operation will be permitted within 1,000 feet of any residence property line, residence district, or within 200 feet of any designated protection area. If requested, the Planning Board may reduce the 1,000-foot distance to a residence property line or residence district up to 500 feet, under the following circumstances:
[Added 5-13-2004 by L.L. No. 2-2004]
(a) 
A noise impact assessment shall be conducted using the guidelines of the New York State Department of Environmental Conservation's (DEC) publication entitled "Assessing and Mitigating Noise Impacts;" or
(b) 
The procedures outlined in the United States Department of Housing and Urban Development Noise Assessment Guidelines (Office of Policy Development and Research, 1980) and the noise abatement and control policies of the United States Department of Housing and Urban Development, as published in 24 CFR Subtitle A Subpart B §§ 51.100 through 51.106, are complied with.[15]
[15]
Editor's Note: Former Subsection J(79), as amended 1-24-2002 by L.L. No. 2-2002, which provided that a special permit shall be required for accessory apartments in the TN-O and LB Zones, was repealed 9-11-2003 by L.L. No. 4-2003.
(80) 
Certification of the landowners participation in the AP-O Zoning District is required as a condition of all farm markets.
[Added 9-11-2003 by L.L. No. 4-2003]
(81) 
The performance standards called for in § 164-48 shall apply to the specified use.
(82) 
No operation will be permitted within 1,000 feet of any residence, residence district, or within 200 feet of any designated protection area.
(83) 
[16]Traffic generated by bowling alleys, dance halls, physical fitness studios and similar commercial recreation facilities and background traffic shall be no greater than 1.25 peak hour trips per 1,000 gross square feet.
[Added 9-11-2003 by L.L. No. 4-2003]
[16]
Editor's Note: Former Subsection J(83), which provided that one-family detached dwellings shall not exceed one such dwelling on each lot, was repealed 1-24-2002 by L.L. No. 2-2002.
(84) 
Accessory storage in an orderly manner is permitted in any area other than the required front, rear or side yards, provided that such outdoor storage does not exceed 15 feet in height or occupy more than 10% of the area of the lot, and such storage area is effectively screened from view from all sides. Screening shall consist of an eight-foot high solid wall or fence uniform in finish and appearance, or an effective living screen of evergreen type. In no case shall materials be stored so as to be visible from the public right-of-way or boundaries of the lot.
[Amended 9-11-2003 by L.L. No. 4-2003]
(85) 
Only oil, gas or electricity may be used for fuel in manufacturing uses. Such requirements are not intended to prohibit the use of renewable resources, such as solar, wind power, or other innovative technologies which are encouraged.
(86) 
A manufacturing use must not create any dangerous, injurious, noxious or otherwise objectionable fire, explosion, radioactive or other hazard, noise or vibration, smoke, dust, odor, disturbance to radio and television reception, glare, harmful discharge or storage or dispersal of liquid or solid waste, or other forms of nuisance in a manner or amount as to adversely affect the surrounding area.
(87) 
Commercial recreation uses shall not exceed 60,000 square feet of gross floor area, whether in one building or more than one building.
[Added 9-11-2003 by L.L. No. 4-2003]
(88) 
All bulk storage shall be enclosed.
[Amended 10-24-2002 by L.L. No. 6-2002]
(89) 
Storage of vehicles in a bus, truck or railroad freight terminal shall not be located nearer than 200 feet to a residence district.
(90) 
Shipping and receiving docks in a bus, truck or railroad freight terminal shall have adequate access to and from a public street without using said street for maneuvering purposes and shall not be located nearer than 200 feet to a residence district.
(91) 
In a bus, truck or railroad freight terminal, no repair of motor vehicles, or shipping and receiving, shall be permitted within 600 feet of a residence district or between the hours of 8:00 p.m. and 6:00 a.m.
(92) 
No burning or incineration of materials shall take place in the storing, sorting or baling of scrap materials.
(93) 
A site used for storing, sorting or baling of scrap materials shall be kept in such condition as not to attract or harbor pests, rodents or other vermin.
(94) 
No parking or display of merchandise in outdoor sales lots may take place within a required yard.
(95) 
Dwelling unit sites require a ten-thousand-square-foot buildable area with less than a fifteen-percent slope.
(96) 
Two-family dwellings may not exceed one such building on each lot.
(97) 
In addition to the landscaping required as a screen against adjacent residential districts, and in addition to that required in parking areas, a minimum area equal to 1/3 of the first 50,000 square feet of building coverage, plus 20% of the square footage in excess of 50,000 square feet, shall be devoted to aesthetic landscaping enhancing such areas as outer courtyards, building perimeters and major vehicular entrances and exits. Such landscaping and planting plan shall be consistent with the Town's Design Standards. Solar panels shall be adequately screened from adjacent properties to minimize views, taking into consideration the need for southern exposure.[17]
[Amended 12-30-2014 by L.L. No. 7-2014]
[17]
Editor's Note: The Design Standards are on file in the office of the Town Clerk.
(98) 
A commercial greenhouse, whether an accessory or a principal use, shall adhere to the minimum lot size of a commercial agriculture farm (10 acres when livestock is not involved).
(99) 
Self-storage warehouse buildings must be screened by an eight-foot-high solid wall or fence uniform in finish and appearances, or an effective living screen of evergreen type. Storage buildings shall be effectively screened from the public right-of-way or boundaries of the lot.
(100) 
In order to provide a choice of housing opportunities for a variety of income groups within the Town of Warwick, in accordance with the purposes of this chapter and the policies of the Comprehensive Plan, the Planning Board shall deny any application for a special use permit for a subdivision where affordable housing units are mandatory if the applicant does not comply, at a minimum, with the following requirements for affordable housing units:
[Added 9-11-2003 by L.L. No. 4-2003; amended 8-22-2024 by L.L. No. 6-2024]
(a) 
Subdivisions of land into 10 or more lots for single-family dwellings are required to include 10% of the total number of dwelling units within the subdivision as affordable housing units. As an incentive, a density bonus of 10% will be granted. For example, in a subdivision containing 10 lots, one lot must contain an affordable housing unit while in a subdivision containing 20 lots, two lots must contain an affordable housing unit; in the ten-lot example, one bonus lot would be approved for a total of 11 lots, while in the twenty-lot example, two bonus lots would be approved for a total of 22 lots. The Planning Board shall review the resources and public facilities available to the subdivision, including transportation, water supply, waste disposal and fire protection, during the mandatory SEQR review, to ensure the additional density being proposed will not create significant environmentally damaging consequences.
(b) 
The requirement for affordable housing units shall be established by constructing new dwelling units or rehabilitating existing dwelling units on the site proposed for subdivision approval, subject to the special permit.
(c) 
Siting of affordable units. Where feasible, affordable units constructed or rehabilitated under this chapter shall be situated within the development so as not to be in less desirable locations than market-rate units in the development and shall, on average, be no less accessible to public amenities, such as open space, as the market-rate units. In determining feasibility, the Planning Board may consider an applicant's hardship and such factors as house prices, prevailing interest rates, land acquisition costs, infrastructure costs, construction costs, prevailing economic conditions, subdivision layout, lot sizes and the applicant's ability to realize a reasonable return as demonstrated by competent financial evidence.
(d) 
Minimum design and construction standards for affordable units. Where feasible, affordable housing units within market-rate developments shall be integrated with the rest of the development and shall be compatible in both interior and exterior design, appearance, construction and quality of materials with other units. In determining feasibility, the Planning Board may consider an applicant's hardship and such factors as house prices, prevailing interest rates, land acquisition costs, infrastructure costs, construction costs, prevailing economic conditions, subdivision layout, lot sizes and the applicant's ability to realize a reasonable return as demonstrated by competent financial evidence.
(e) 
Timing of construction or provision of affordable units or lots. Where feasible, affordable housing units shall be provided coincident to the development of market-rate units, but in no event shall the development of affordable units be delayed beyond the schedule noted below:
Market-Rate Unit
Affordable Housing Unit
Up to 30%
None required
30% plus 1 unit
10%
Up to 50%
30%
Up to 75%
50%
75% plus 1 unit
70%
Up to 90%
100%
Fractions of units shall not be counted.
(f) 
Local preference. First preference for affordable housing units shall be given to existing residents of the Town of Warwick, second preference to residents of other towns but who work as municipal or school district employees in Warwick, third preference to other residents of Orange County, and fourth preference to all others as permitted by law. Proof of residency, such as a driver's license or voter registration card, will be accepted to determine residency.
(g) 
Marketing plan for affordable units. Applicants under this chapter shall submit a marketing plan or other method approved by the Town, to the Planning Board for its approval, which describes how the affordable units will be marketed to potential homebuyers or tenants. This plan shall include a description of the lottery or other process to be used for selecting buyers or tenants.
(h) 
Maximum incomes and selling prices; initial sale. To ensure that only eligible households purchase affordable housing units, the purchaser of an affordable unit shall be required to submit copies of the last three years' federal and state income tax returns and to certify, in writing and prior to transfer of title, to the developer of the housing units or his/her agent, and within 30 days following transfer of title, to the local housing trust, community development corporation, housing authority or other agency as established by the Town, that his/her or their family's annual income level does not exceed the maximum level as established by the Town of Warwick, and as may be revised from time to time.
(i) 
Preservation of affordability; restrictions on resale. Each affordable unit created in accordance with this chapter shall have limitations governing its resale. The purpose of these limitations is to preserve the long-term affordability of the unit and to ensure its continued availability for affordable income households. The resale controls shall be established through a deed restriction on the property and shall be in force for a period of 40 years. All deeds of affordable housing units shall contain references to the restrictions on resale enumerated herein, and such restrictions shall be placed on the subdivision plat as a condition of approval.
[1] 
Resale price. Sales beyond the initial sale to a qualified affordable income purchaser shall include the initial discount rate between the sale price and the unit's appraised value at the time of resale. This percentage shall be recorded as part of the restriction on the property noted in § 164-46J(100)(i) above. For example, if a unit appraised for $100,000 is sold for $75,000 as a result of this chapter, it has sold for 75% of its appraised value. If, several years later, the appraised value of the unit at the time of proposed resale is $150,000, the unit may be sold for no more than $112,500, 75% of the appraised value of $150,000.
[2] 
The Planning Board shall require, as a condition for a special use permit under this Zoning Law, that the applicant comply with the mandatory set-asides and accompanying restrictions on affordability, including the execution of the deed rider noted in § 164-46J(100)(i), above. The Building Inspector shall not issue a certificate of occupancy for any affordable unit until the deed restriction is recorded.
(101) 
Keeping of livestock accessory to a residence requires three acres for the first large livestock animal, such as horses, cattle, or bison and one acre for each additional large livestock animal or three acres for the first two medium livestock animals, such as goats, sheep, ponies, or llamas, and one acre for each two additional medium livestock animals. To protect public health, a beehive accessory to a residence shall require three acres for the first two hives and one acre for each additional hive.
[Amended 9-11-2003 by L.L. No. 4-2003; 10-27-2016 by L.L. No. 4-2016; 4-26-2018 by L.L. No. 2-2018]
(102) 
The maximum building length of buildings at an animal hospital or veterinary kennel is 140 feet, and the minimum distance between buildings is 30 feet.
(103) 
Hotels, motels, tourist cabins, health spas and health resorts require a minimum lot size of five acres plus one acre for each 15 rooms beyond the first 50.
(104) 
Public schools, nursery schools, and institutions of higher learning, public libraries, museums and state-accredited private schools require a minimum lot size of five acres plus one acre for each 100 pupils, or the requirements of the State Board of Regents.
(105) 
Where the outdoor shooting of firearms is involved, a minimum lot size of 50 acres is required.
(106) 
Camps shall provide a minimum of 15,000 square feet of lot area for each tent, cabin or other principal building, or 3,000 square feet per person accommodated, whichever is greater. Each camp shall be provided with two means of vehicular access from county and/or state roads.
[Amended 5-13-2021 by L.L. No. 2-2021]
(107) 
Buildings and sleeping quarters, except tents, in a camp shall be set back 30 feet distance from each other, and tents shall be set a minimum of 10 feet apart.
(108) 
The height of buildings/structures shall be no more than six inches per foot of distance to the nearest lot line.
(109) 
Hunting preserves and outdoor amusement establishments involving motorized vehicles, such as snowmobiles, shall have a minimum lot size of 100 acres.
[Amended 10-24-2002 by L.L. No. 6-2002]
(110) 
The height of buildings/structures shall be no more than three inches per foot of distance to the nearest lot line.
(111) 
Bulk standards for community recreational facilities and buildings, clubhouses, etc., shall be set by the Planning Board from standards determining the most similar uses.
(112) 
Provision of both community sewer and water is required.
(113) 
Adult day-care facilities shall comply with the following:
[Added 4-26-2018 by L.L. No. 2-2018]
(a) 
No activity area, recreational facility, building or other structure shall be closer than 100 feet from any residential property boundary.
(b) 
Copies of all licenses, permits or approvals from state and other local agencies shall be presented to the Planning Board for review prior to approval.
(c) 
Water supply and sewage disposal facilities shall satisfy all applicable requirements of the Orange County Health Department.
(d) 
Adult day-care facilities, if new construction, shall be designed to resemble a one-family dwelling.
(e) 
If created through conversion of an existing residential structure, no exterior changes will be made which will alter or extend the existing foundation of the principal structure more than 100 square feet or cause the extended structure to encroach upon any required yard area.
(f) 
Adequacy of on-site parking for staff and visitors shall be demonstrated.
(g) 
Public address systems shall be prohibited.
(h) 
Any adult day-care facility that will house more than 10 impaired individuals, as defined by the New York State Department of Health, shall require a site of at least 10 acres and the total population thereon, including residents and staff employees, shall not exceed four persons per acre.
(i) 
Outdoor lighting shall comply with § 164-43.4 of the Zoning Law.
(j) 
Facilities housing less than six adults for less than six hours a day shall not require site plan or special use permit approval.
(114) 
One-family detached dwellings shall not exceed one such building on each lot.
(115) 
Clubs and fraternal lodges for which the chief activity is a service customarily carried on as a business, or primarily for gain, shall not be permitted.
(116) 
A dining room is allowed, provided that it is incidental to the activities of a club or fraternal lodge and is conducted for the benefit of the members thereof only.
(117) 
No development shall take place within 200 feet of the periphery of the entire mobile court nor within 200 feet of any public road frontage on which the mobile home court bounds, except that properly landscaped public parking areas and recreational areas may intrude into such undeveloped areas by 100 feet.
(118) 
Mobile homes within a mobile home court shall each have a minimum road frontage of 20 feet.
(119) 
Mobile homes within a mobile home court shall each have 5,000 square feet of usable open space.
(120) 
Provisions of § 164-42E shall apply to the adaptive reuse of nonresidential agricultural structures.
(121) 
No side or rear yards are required for selected Local Hamlet Business and Traditional Neighborhood Overlay District uses, but, if provided, a ten-foot minimum is required.
(122) 
Parking is restricted from the front yard of Local Hamlet Business District uses.
(123) 
Any building in a Local Hamlet Business District used for residence on the first floor shall have a lot area and lot width, side and rear yards as specified for such dwellings in the Bulk Table[18] and shall not cover more than 40% of the area of the lot. If such building is for residential use above the first floor only, there shall be a rear yard of at least 30 feet in depth.
[Amended 1-24-2002 by L.L. No. 2-2002]
[18]
Editor's Note: The Table of Bulk Requirements is included as an attachment to this chapter.
(124) 
In Office and Industrial Park Districts, no side or rear yard shall be required where such yard abuts an operating railroad right-of-way.
(125) 
Hotels, motels, residential hotels and tourist homes require one acre for every 15 rooms or fraction thereof.
(126) 
Unless specifically stated elsewhere in this Zoning Law, outdoor storage, sales, and display is not permitted in the Designed Shopping (DS) or Community Business (CB) Districts.
[Amended 12-9-2010 by L.L. No. 6-2010]
(127) 
The following setback requirements shall prevail for parking, loading, fences, and solar panels:
[Amended 12-30-2014 by L.L. No. 7-2014; 6-11-2015 by L.L. No. 2-2015]
(a) 
Wall of building: 10 feet.
(b) 
Residential district: 200 feet.
(c) 
Designated protection area: 100 feet.
(d) 
Commercial districts: 50 feet.
(e) 
Side lot line: 15 feet.
(f) 
Rear lot line: 15 feet.
(g) 
Limited access highway: 100 feet.
(h) 
Other public roads: 40 feet.
(i) 
Internal roads: 30 feet.
(128) 
A one-hundred-foot front yard setback for parking is required for a designed shopping center or community business district use.
[Amended 12-9-2010 by L.L. No. 6-2010]
(129) 
The following uses are specifically prohibited in the Designed Shopping, Traditional Neighborhood, Local Business and Community Business districts:
[Amended 12-9-2010 by L.L. No. 6-2010]
(a) 
Amusement parks and circuses, except for those operated by bona fide not-for-profit organizations on a temporary special permit of the Town Board and issued for a period not to exceed four days.
(b) 
Any use which is noxious or offensive by reason of emission of odor, dust, noise, glare, smoke, gas, fumes or radiation or which presents a hazard to public health or safety.
(c) 
Mobile home sales.
(d) 
Bulk storage of any kind, including lumberyards, warehouses, oil and gas storage, junkyards or similar uses, except gasoline as accessory to a motor vehicle service station and bulk storage of materials for on-site usage.
(130) 
Eating and drinking places in the Local Hamlet Business Zoning District shall be limited to a capacity of 40 seats.
(131) 
The minimum floor area for uses in the Office and Industrial Park District shall be 2,000 square feet for the first floor of each principal building.
(132) 
The minimum distance between buildings in the Office/Research/Industrial Park District is 30 feet or equal to the height of the tallest building, whichever is greater.
(133) 
Manufacturing uses involving primary production of the following products from raw materials are prohibited:
Alcohol, industrial
Ammonia
Aniline dyes
Animal size
Asphalt
Bone black
Carbides
Carbon black
Caustic soda
Cellulose
Cement
Charcoal
Chlorine
Coal
Coke
Creosote
Explosives
Fat rendering
Fertilizers
Gas manufacturing
Gelatin
Glue
Hydrochloric acid
Hydrogen
Linoleum
Matches
Nitrates of an explosive nature
Nitric acid
Oilcloth
Oxygen
Paint
Phosphoric acid
Picric acid
Plastic materials
Potash
Pyroxylin
Rayon yarn
Rubber (natural/or synthetic)
Soaps
Starch
Sulfuric acid
Synthetic resins
Tar products
Turpentine
Varnish
(134) 
Manufacturing uses involving the following processes are prohibited:
(a) 
Alloying of metal or metal ores.
(b) 
Distillation of wood or bones.
(c) 
Magnesium foundry.
(d) 
Milling or processing of flour or grain.
(e) 
Nitrating of cotton or other materials.
(f) 
Reduction and processing of wood pulp and fiber, including paper mill operations.
(g) 
Refining petroleum products, such as gasoline, kerosene, naphtha and lubricating oils.
(h) 
Refining secondary aluminum.
(135) 
Operations involving slag piles, stockyards and slaughterhouses are prohibited in the Office and Industrial Park District.
(136) 
Solid waste management facilities, except those owned and operated by the Town, are prohibited.
(137) 
For the purposes of the Office and Industrial Park District, a "lot" shall be defined as land which is leased, as well as land which is conveyed in fee.
(138) 
Conference centers in the CB District shall comply with the following special conditions:
[Added 12-9-2010 by L.L. No. 6-2010]
(a) 
The use shall be found to be in harmony with the Town of Warwick Comprehensive Plan.
(b) 
The minimum lot area shall be 10 acres for the first 40 guest rooms, plus an additional 1/2 acre for each additional guest room. The maximum number of rooms in a conference center shall be 80.
(c) 
Access shall be from a state or county highway.
(d) 
Specific plans for parking shall take into consideration the rural and scenic resources of the site and community. Use of alternative paving materials and alternative transportation, such as grassed parking areas and shuttle services, is encouraged to protect such resources.
(e) 
New construction shall be sited so as to have a minimum impact on fields, water features and woodlands. Major regrading, clear cutting or changing of topography shall not be permitted.
(f) 
Specific plans for public address systems, amplified music, and/or outdoor lighting shall be submitted to and approved by the Planning Board, including the specific hours of operation for such facilities. Approval shall be preceded by a clear demonstration by the facility owner and/or operator that the features are both essential and will create no adverse effect on nearby residential properties, will be in compliance with the Town of Warwick noise regulations[19] and will be in harmony with the rural and scenic character of the Town. The specific plans for public address systems, amplified music, and/or outdoor lighting shall be subject to such additional restrictions deemed appropriate by the Planning Board.
[19]
Editor's Note: See Ch. 100A, Noise.
(g) 
Conference center in a Class 1 Designated Historic Structure.
[Added 10-27-2016 by L.L. No. 4-2016]
[1] 
A minimum lot area of 10 contiguous acres is required for a conference center in a Class 1 Designated Historic Structure.
[2] 
The maximum number of guest rooms in a conference center in a Class 1 Designated Historic Structure shall be 12.
[3] 
Accessory recreational uses may include tennis, swimming pool, hiking trails, and similar low impact facilities, such recreational facilities limited to guests of the center.
[4] 
Access to a conference center in a Class 1 Designated Historic Structure shall be from a state, county or through Town road.
(139) 
The Town Board has determined that the Community Business District is an appropriate place in the community to provide for attractive development of business activities that serve community needs. Incentives are available to applicants for specific uses that meet the special conditions described below in § 164-46J(139)(a) through (f). The Town Board has determined that it is appropriate to grant such incentives in exchange for the provision of community benefits or amenities. All retail uses in the CB Zoning District are subject to Subsection J(139)(a) through (e) below. All retail uses in the CB District are classified as Tier 1 or Tier 2. Tier 1 uses are encouraged while Tier 2 uses are subject to the full Planning Board review requirements. Incentives for specified Tier 1 uses can be found in § 164-46J(139)(i).
[Added 12-9-2010 by L.L. No. 6-2010]
(a) 
All Tier 1 and Tier 2 uses shall fully comply with the Town of Warwick's marginal access requirements found in § 164-42F of the Zoning Law.
(b) 
For all Tier 1 and Tier 2 uses, the buildings and the site shall be designed to comply with the Town of Warwick's Design Standards for architecture, building, landscaping, human scale lighting, and a pedestrian-friendly environment as illustrated in Appendix A[20] of the Zoning Law.
[20]
Editor's Note: Appendix A is on file in the Town offices.
(c) 
All Tier 1 and Tier 2 uses shall be subject to the Town of Warwick's and/or the United States Environmental Protection Agency's low-impact development strategies (whichever is more stringent) for the area's stormwater management system to enhance and protect surface water and groundwater quality, maintain the integrity of aquatic resources, wildlife habitats and ecosystems, and preserve the physical integrity of the District's wetlands and tributaries.
(d) 
All Tier 1 and Tier 2 uses within the CB District shall fully comply with the Town's stormwater management requirements, and proper provisions shall be made for water supply and sewage disposal in accordance with Town of Warwick and Orange County Department of Health requirements. This may include connection to the municipal wastewater treatment system and/or community water supply system if such system(s) exists at the time of approval.
(e) 
Special bulk, parking and siting regulations apply in the CB Zoning District. In the event of a conflict with the Table of Bulk Requirements or other bulk requirement of this Zoning Law, this section shall apply as follows:
[1] 
For retail uses, a minimum floor area of 2,000 square feet and a maximum floor area of 60,000 square feet per lot is permitted. For nonretail uses, a minimum floor area of 1,000 square feet and a maximum floor area of 60,000 square feet per lot is permitted. Buildings shall be designed in accordance with the dimensional and other design standards found in Appendix A[21] of the Zoning Law. Individual business establishments that exceed 8,000 square feet of floor area shall be designed to exhibit the physical design characteristics of pedestrian-oriented, shopfront-style shopping streets.
[21]
Editor's Note: Appendix A is on file in the Town offices.
[2] 
The minimum lot area shall be three acres unless the Table of Use Requirements specifies a lesser or greater minimum lot area for the use. Multiple special permit uses may occupy a lot without the necessity of establishing the minimum lot area requirement for each use.
[3] 
The maximum lot coverage shall be 30% for Tier 2 uses and 40% for Tier 1 uses. The area reserved for the marginal access road right-of-way shall not be penalized for reserving such acreage when calculating maximum lot coverage.
[4] 
The maximum floor area ratio (FAR) shall be 0.2 for Tier 2 uses and 0.25 for Tier 1 uses. The area reserved for the marginal access road right-of-way shall not be penalized for reserving such acreage when calculating the maximum FAR.
[5] 
Buildings that have a minimum of two stories and a maximum of three stories or 38 feet, not including the height exceptions allowed by § 164-41C(3) of the Zoning Law, will earn a bonus FAR of 0.05 for Tier 1 uses for a maximum allowable FAR of 0.30. The area reserved for the marginal access road right-of-way shall not be penalized for reserving such acreage when calculating the maximum FAR.
[6] 
Tier 2 retail store compliance with SEQR findings statement for CB Zoning District.
[Amended 4-14-2022 by L.L. No. 3-2022]
[a] 
Tier 2 retail stores that occupy a one-story, two-story, or three-story building shall not exceed 50% of the floor area of a one-story or two-story building nor exceed 33% of the floor area of a three-story building.
[b] 
Any change of Tier 2 retail store uses shall be subject to § 164-46B(5) of the Zoning Law. The remaining uses may consist of other Tier 1 and Tier 2 uses such as business and professional offices, personal service establishments, service establishments, live-work dwelling units, and similar uses compatible with the purposes of the design standards, the Community Business District, and the community character of the Town.
[c] 
Tier 2 retail stores are subject to an analysis of the fiscal impacts to the Town in accordance with § 164-46G(5)(a) of the Zoning Law. In accordance with the SEQR findings statement for the CB Zoning District amendments, Tier 2 retail stores that exceed 8,000 square feet of floor area may be subject to preparation of a supplemental DEIS review of the proposed site plan and special use permit applications to assess the potential impacts on existing businesses in the community, impacts on the community character of the Town, and such other applicable environmental impacts as are required by SEQR.
[7] 
The Town Design Standards found in Appendix A[22] of the Zoning Law shall be used in determining lot width, lot depth, setbacks and other dimensional requirements applicable to the use(s). The Planning Board remains responsible for determining the adequacy of such dimensional requirements, taking into consideration the physical design characteristics of pedestrian-oriented, shopfront-style shopping streets.
[22]
Editor's Note: Appendix A is on file in the Town offices.
[8] 
Opportunities for shared parking shall be integrated into the overall plan for parking. Off-street parking spaces shall be located to the rear of the principal building or otherwise screened so as to not be visible from the street(s) or residential zoning districts.
[9] 
Buildings shall have a primary entrance door facing a public sidewalk. Entrances at building corners may be used to satisfy this requirement.
[10] 
Building entrances may include doors to individual shops or businesses, lobby entrances, entrances to pedestrian-oriented plazas, or courtyard entrances to a cluster of shops or businesses.
[11] 
A minimum of 60% of the street-facing building facade between two feet and eight feet in height shall be comprised of clear windows that allow views of indoor space or product display areas. The bottom of any window or product display window used to satisfy this requirement may not be more than 4.5 feet above the adjacent sidewalk.
[12] 
Solar panel installations shall be limited to the rooftops of buildings or to carports covering designated parking areas.
[Added 12-30-2014 by L.L. No. 7-2014]
(f) 
The Town Board has determined, consistent with § 261-b of New York State Town Law and the Town of Warwick Comprehensive Plan, that it is appropriate to make adjustments to permissible density and area requirements for specified Tier 1 uses in the CB District for the purpose of providing a community benefit. The purposes of granting a density bonus include the following:
[1] 
Reclaim an existing auto-oriented shopping strip by incrementally redesigning and transforming the strip into a walkable and bikable commercial area that will always be secondary to the Village of Warwick as the primary retail and civic center for the community while strengthening its links to the Village as a complementary mixed-use area serving a slightly different and more auto-dependent purpose than the walkable Village.
[2] 
Help to unify the streetscape of Route 94 with generous landscaping, continuous street trees and, if possible, planted medians, reminiscent of a boulevard.
[3] 
Fill in the front of the large parking areas wherever possible by replacing them with buildings. Site new buildings back from the road and buffer the buildings with trees, berms, landscaping, and other natural elements to protect the viewscapes and complement the agricultural and other open spaces surrounding the commercial area as shown on the illustrations in Appendix A.[23]
[23]
Editor's Note: Appendix A is on file in the Town offices.
[4] 
Create pedestrian and bicycle networks through sidewalks, bicycle paths, trails and crosswalks, in order to create connections to shared parking, public transportation and between stores and nearby housing in the RU and SL Districts as well as the Village.
[5] 
Enhance and diversify the local tax base by generating additional revenues to meet the costs of municipal and educational services by encouraging specific retail and other commercial services that are currently underserved in the community.
(g) 
Additional infill development density for creating new Tier 1 uses, on existing developed properties within the CB District, is available by special use permit from the Town Board, for the expressed purpose of providing a marginal access road on such developed properties, provided the following additional requirements are met. The Town Board has determined that providing a public benefit in the form of marginal access road development on developed properties is consistent with the intent and purposes of the Town of Warwick Comprehensive Plan and provides a public benefit in the form of reduced traffic congestion on State Route 94. For purposes of this Subsection J(139)(g), existing developed properties are defined as those parcels of land for which existing maximum floor area and lot coverage meets or exceeds the maximum bulk requirements for the CB Zoning District found in § 164-46J(139)(e) herein at the time of enactment of Local Law No. 6 of 2010.
[1] 
Within the CB District, the Town Board may, as a condition of approval, modify the bulk regulations found herein at § 164-46J(139)(e) and may impose additional modifications that would have to be incorporated into the proposed action to merit a determination of consistency with the standards and guidelines set forth herein. The Town Board's findings shall include a rationale for any modification granted to a specific standard. The Town Board may, in granting modifications to these standards, incorporate such reasonable conditions as will, in its judgment, substantially secure the objectives of the requirements so waived.
[2] 
Projects deemed consistent with the infill standards and consistent with the Town Comprehensive Plan are eligible for an increase in density in exchange for the construction of a marginal access road on an applicant's existing developed property. Any increase in density granted shall comply with the Zoning Law's other limitations for such use. Nothing herein shall prevent the development of multiple buildings to achieve the density permitted, provided each individual building complies with the building limitations imposed by the Town Board.
[3] 
The marginal access road shall be constructed and dedicated to the Town of Warwick in accordance with "Figure 2.1: Artist's Illustrative Plan of the Route 94 Corridor" adopted by the Town Board in the February 18, 2010, draft generic environmental impact statement for the Community Business District and with § 164-42F(3)(c) of the Zoning Law.
[4] 
Projects shall comply with the green building requirements found in § 164-41.1D(2)(e)[6] of the Zoning Law.
(h) 
Additional development density for Tier 1 uses is available by a special use permit from the Town Board. The allocation of incentives for mixed uses shall be prorated at the discretion of the Town Board. Uses identified as Tier 1 that do not meet the requirements identified herein shall not be eligible for additional development density and shall be subject to the Tier 2 provisions identified in § 164-46J(139)(j) herein. All subdivisions of land within the CB district shall be subject to the site plan requirements of § 164-46 of the Zoning Law.
(i) 
Tier 1 uses are encouraged and are eligible for the following incentives, provided the Planning Board finds that the proposed use is in full compliance with this section. Incentives available include:
[1] 
Use of the Town's generic environmental impact statement (GEIS) for Tier 1 projects proposed in the Community Business District. Projects proposed in accordance with the GEIS and where the Planning Board is acting as lead agency under SEQR may require limited SEQR review in accordance with 6 NYCRR 617.10(b) and (c).
[2] 
Expedited Planning Board review of the application as specified in the GEIS.
[3] 
Bonus lot coverage and FAR as specified in § 164-46J(139)(e)(3) and (4) herein, subject to issuance of a special use permit from the Town Board.
[4] 
Reduced review fees in accordance with Chapter 75 of the Town of Warwick Code, Development Fees.
(j) 
Tier 2 uses are subject to the full review requirements of the Town Zoning Law and the State Environmental Quality Review Act (SEQR) where the Planning Board is acting as lead agency.
(140) 
Mining for fissionable materials is prohibited in all districts. (See Chapter 85, Fissionable Materials, Ordinance No. 80-3.)
(141) 
The use of mobile homes on farms to house tenant and migrant farm laborers shall be subject to the approval of the Orange County Department of Health. Town permits shall be granted by the Building Inspector for one year; annual renewals shall require an inspection report by the Building Inspector prior to issuance. There will be a fee for the original permit to cover each mobile home so located (as set forth in Chapter 75, Development Fees).
(142) 
A country inn shall include a minimum of six guest rooms and a maximum of 12 guest rooms. Accessory recreational uses for guests may include tennis, swimming pools, and similar low-impact facilities.
[Added 12-9-2010 by L.L. No. 6-2010]
(143) 
New motor vehicle laundries shall use one-hundred-percent closed-loop recycling of wastewater to prevent discharges to groundwater or surface waters.
[Added 6-11-2015 by L.L. No. 2-2015]
(144) 
Same as § 164-46J(129)(a) and (b).
(145) 
Multiple commercial occupancy is permitted in buildings under unified ownership and control.
(146) 
No self-storage warehouses or other self-service facilities are permitted.
(147) 
Such personal service stores shall exclude off-track betting (OTB), video/electric arcades, pool halls or similar uses.
(148) 
Such businesses, offices and services shall exclude a crematorium.
(149) 
Self-propelled garden tractors and lawn mowers are deemed not to be motor vehicles for the purposes of the Table of Use Requirements for Local Hamlet Business Districts.[24]
[24]
Editor's Note: The Table of Use Requirements is included as an attachment to this chapter.
(150) 
Rear and side setbacks of 40 feet are required.
(151) 
Large-scale and commercial large-scale solar energy systems, as defined herein, are permitted subject to compliance with § 164-47.1 of the Zoning Law, the Ridgeline Overlay District requirements.
[Added 4-26-2018 by L.L. No. 2-2018; 7-13-2023 by L.L. No. 3-2023]
(152) 
Farm markets are subject to initial issuance and annual renewal of a farm market permit from the Town Building Department, in addition to compliance with other requirements of the Zoning Law. Farm markets are subject to payment of an annual fee in accordance with the Town of Warwick Fee Schedule. Farm markets less than 4,000 square feet in gross floor area may be operated as an accessory use to the principal use.
[Amended 9-11-2003 by L.L. No. 4-2003; 10-8-2015 by L.L. No. 4-2015; 2-14-2019 by L.L. No. 1-2019; 4-14-2022 by L.L. No. 3-2022]
(a) 
The farm market structure shall not exceed 2,000 square feet for each 10 acres of farm area, to a maximum of 10,000 square feet. Nothing herein shall preclude the use of an existing agricultural outbuilding on a farm for this use, provided that no greater area than the foregoing is used as a farm market;
[Amended 11-30-2023 by L.L. No. 8-2023]
(b) 
At least 25% of the total amount of the annual retail sale of agricultural, horticultural, floricultural, vegetable and fruit products, soil, livestock and meats, poultry, eggs, dairy products, nuts, honey, wool and hides and other agricultural or farm products shall be grown, raised or produced on the farm on which the farm market is located and the owner or operator of the farm market shall submit an annual report to the Town Building Department demonstrating that 25% or more of the products sold in the farm market were grown on the farm. Processed food, where the majority of the ingredients are grown on the farm, shall be considered part of the 25% minimum; these include but are not limited to baked goods and mixes, eggs, dairy products, juice, preserves, syrups, wine, hard cider, beer, distilled spirits, vinegars and salad dressings. The farm market may sell farm products grown or processed regionally (i.e., within the State of New York), provided that said products do not exceed 75% of the total annual retail sales of the farm market. A maximum of 25% of the total annual retail sales maybe in agricultural products grown or processed outside the State of New York. No other grocery items or products not listed here may be sold. Receipts and records of product purchases must be kept by the farmer-applicant in support of the annual report described herein. A copy of Federal Form 1040, Schedule F (Profit or Loss from Farming) shall be submitted demonstrating a minimum of $10,000 in annual farm income for the prior year;
(c) 
The farm market may sell food prepared on premises, using primarily agricultural and farm products sold at the farm market;
(d) 
A farm market consisting of 4,000 square feet of gross floor area or greater, and a farm market consisting of less than 4,000 square feet of gross floor area and in existence at the time of adoption of Local Law No. 1 of 2019, may sponsor and conduct farm and harvest festivals on site, provided:
[Amended 8-18-2022 by L.L. No. 4-2022]
[1] 
The number of on-farm festivals that include outdoor music does not exceed 12 days per year. For on-farm festivals involving outdoor music, a temporary outdoor public gathering permit, pursuant to Chapter 115 of the Town Code and valid from 10:00 a.m. to 10:00 p.m., shall be secured prior to the festival;
[2] 
No carnival-type rides are utilized;
[3] 
The on-farm festivals are designed to provide agricultural marketing and promotional opportunities for the farm and/or the region's agricultural producers;
[4] 
The use of amplified sound-producing devices shall not exceed the performance standards established in § 164-48C(3) of the Zoning Law, and only unidirectional speakers shall be permitted for such amplified sound-producing devices; and
[5] 
On-site farm events of up to 249 attendees for arts, entertainment, weddings, craft shows, and other special occasions are allowed up to 24 days per year, provided that adequate parking is provided and a sewage disposal permit is secured from the Town Building Department prior to holding any public gathering.
(e) 
A farm market consisting of less than 4,000 square feet in gross floor area may sponsor and conduct farm and harvest festivals on site, provided that:
[Amended 8-18-2022 by L.L. No. 4-2022]
[1] 
The number of farm festivals does not exceed five days per year. For on-farm festivals involving outdoor music, a temporary outdoor public gathering permit, pursuant to Chapter 115 of the Town Code and valid from 10:00 a.m. to 10:00 p.m., shall be secured prior to the festival;
[2] 
No carnival-type rides are utilized;
[3] 
The festivals are designed to provide agricultural marketing and promotional opportunities for the farm and/or the region's agricultural producers;
[4] 
The use of amplified sound-producing devices shall not exceed the performance standards established in § 164-48C(3) of the Zoning Law, and only unidirectional speakers shall be permitted for such sound-producing devices; and
[5] 
On-site farm events of up to 249 attendees for arts, entertainment, weddings, craft shows, and other special occasions are permitted up to 10 days per year, provided that adequate parking is provided and a sewage disposal permit is secured from the Town Building Department prior to holding any public gathering.
(f) 
A farm market may be operated on a year-round basis and may contain bathrooms and/or an area for food preparation occupying no more than 20% of the gross floor area of the farm market.
(g) 
Permitted and accessory dwelling units, deemed to be part of the same farm operation, may be rented on a per event basis, subject to annual Building Department review for compliance with the New York State Uniform Fire Prevention and Building Code.
(153) 
Wireless telecommunications facilities shall comply with Article VIII of this chapter.
(154) 
Solar energy systems are subject to § 164-41E of the Zoning Law for small and medium solar energy systems and § 164-42G of the Zoning Law for large-scale solar energy systems. Solar panels are encouraged to be placed on building roofs or as solar carports covering designated parking areas, and when constructed in this way they shall be included within the calculation of building and/or parking area coverage. Where solar panels are used independently of a building or parking area, they shall be included in the determination of total lot coverage and shall not exceed the maximum lot coverage permitted by § 164-40N, Table of Bulk Requirements. Large-scale solar energy systems, where used independently of a building or parking area, shall not exceed a maximum of 15 acres or 60% lot coverage, whichever is less. Commercial large-scale solar energy systems, as defined herein, shall not exceed a maximum solar area of 200 acres or a maximum of 60% lot coverage, whichever is less. Solar area shall be calculated based upon the fenced-in area surrounding the solar panels. Lot coverage by solar panels includes the panels and the area between the panels. Commercial large-scale solar energy systems shall be subject to the following additional requirements:
[Amended 12-30-2014 by L.L. No. 7-2014; 6-11-2015 by L.L. No. 2-2015; 10-27-2016 by L.L. No. 4-2016; 4-26-2018 by L.L. No. 2-2018; 2-14-2019 by L.L. No. 1-2019]
(a) 
No commercial large-scale solar energy system shall be constructed until evidence has been provided to the Planning Board that the utility company operating the electrical grid where the system is to be located has been informed of the solar system owner or operator's intent to install an interconnected commercial large-scale solar energy system. Interconnection to existing electric transmission lines shall be available on or adjoining the site of the proposed commercial large-scale solar energy system, unless interconnection to the electrical grid is provided through underground burial of all off-site utility lines needed for such interconnection.
(b) 
Removal of forested areas or any trees 12 inches in diameter at breast height or greater shall be limited to that which is necessary for the construction, operation and maintenance of the commercial large-scale solar energy system. The Planning Board may require a habitat assessment, in accordance with § 164-47.9 of the Zoning Law, if the application for a commercial large-scale solar system involves removal of forested areas or any trees 12 inches in diameter at breast height or greater. The applicant shall submit a landscape plan detailing all proposed changes to the landscape of the site including removal of any trees 12 inches in diameter at breast height or greater, temporary or permanent roads or driveways, grading, vegetation clearing and plantings, structures, screening vegetation and all other methods proposed to avoid adverse impacts on scenic viewsheds.
(c) 
If located on a farm within a New York State Agricultural District, the commercial large-scale solar energy system shall be required to prepare a farmland protection plan, prepared by the applicant and approved by the Planning Board. The farmland protection plan is based on conservation principles and shall include the entire parcel and all other contiguous parcels held in the same ownership, and shall meet the requirements set forth below. The farmland protection plan may be based on readily available GIS mapping data and is not required to be surveyed or fully engineered. The farmland protection plan shall include the following elements:
[1] 
The location of prime and statewide important agricultural soils within the tract, and the approximate total acreage of such lands.
[2] 
The location and current use of all existing structures and infrastructure.
[3] 
The location and intended use of all proposed structures, roads and other major improvements.
[4] 
A plan for decommissioning the solar system that includes measures to preserve the soil profile of identified prime and statewide significant soils on the site for future removal of the solar energy system from the site.
(155) 
Cannabis retail dispensaries are subject to the New York State Marijuana Regulation and Taxation Act and with the following special conditions:
[Added 11-18-2021 by L.L. No. 4-2021]
(a) 
Cannabis retail dispensaries are permitted by special use permit from the Planning Board within the Cannabis Dispensary Overlay (CD-O) District, a sub-district of the DS, CB, and OI Zoning districts.
(b) 
Cannabis retail dispensaries shall not open before 9:00 a.m. nor remain open after 9:00 p.m. Mondays through Saturdays and shall not open before 12:00 noon nor remain open after 6:00 p.m. on Sundays.
(c) 
A cannabis retail dispensary shall not be located within 1,500 feet from any other cannabis retail dispensary, such distance measured on a straight line from the nearest property line of any other existing cannabis retail dispensary to the nearest property line of the lot to be occupied by the proposed cannabis retail dispensary.
(d) 
Subject to applicable law, a cannabis retail dispensary shall include, as a part of any special use permit application to the Planning Board, copies of all information submitted to the State of New York in application for a license to operate under the Marijuana Regulation and Taxation Act.
(e) 
All special use permits issued under this subsection shall contain a condition that the cannabis retail dispensary shall not operate, and the special use permit shall not be valid, until the applicant has obtained all licenses and permits issued by the State of New York and any of its agencies for the dispensary.
(f) 
A special use permit granted under this subsection shall have a term limited to the duration of the applicant's ownership and use of the premises as a cannabis retail dispensary. A special use permit may be transferred only with the approval of the Planning Board in the form of an amendment to the special use permit.
(g) 
Any violation of this subsection shall be grounds for revocation of a special use permit issued under this subsection.
(h) 
A revocation of the adult-use cannabis retail dispensary license by the state shall be grounds for revocation of the special use permit.
[7]
Editor's Note: The Table of Use Requirements is included at the end of this chapter.
K. 
Disposition of application by Planning Board.
[Amended 1-24-2002 by L.L. No. 2-2002]
(1) 
Within 62 days of the close of the public hearing, unless this time is extended by mutual consent of the applicant and Planning Board, the Planning Board shall act by resolution to approve, approve with modifications, or disapprove such site plan and/or special permit use. The decision of the Planning Board shall be certified by the Chairman of the Planning Board, filed in the Town Clerk's and Building Inspector's offices, and mailed to the applicant at the address indicated on the application within five days of the Planning Board's decision.
(2) 
A resolution of either approval or approval with modifications includes authorization to the Planning Board Chair to sign the site plan and/or special permit application upon the applicant's compliance with the submission requirements stated therein. If the Planning Board's resolution includes a requirement that modifications be incorporated in the site plan and/or special permit, conformance with these modifications shall be considered a condition of approval. If the site plan and/or special permit is disapproved, the Planning Board's resolution shall be accompanied by a statement in writing giving the grounds for denial. In such a case, the Planning Board may recommend without prejudice further study of the site plan and/or special permit application and resubmission to the Planning Board after it has been revised or redesigned.
L. 
Preliminary approval. If a particular application is, in the opinion of the Planning Board, of sufficient complexity to warrant review in stages, the Planning Board may defer the submission of certain required detailed engineering work at the time of public hearing, rendering a preliminary decision on the basis of a less than complete submission, and a final decision only on the basis of a complete submission similar to the review of a major subdivision according to Chapter 137, Subdivision of Land.
M. 
Simultaneous approvals. The Planning Board is empowered (but not required) to grant site plan approval and special use permit approval simultaneously.
[Amended 1-24-2002 by L.L. No. 2-2002]
N. 
Renewal of special permit. The Planning Board may require that a special use permit be periodically renewed, provided such condition is directly related to and incidental to the proposed use. In this case, the special use permit renewal shall be withheld only upon a determination that the conditions prescribed by the Planning Board, in conjunction with issuance of the original permit, have not been or are no longer being complied with. In such cases, a period of 60 days shall be granted the applicant for full compliance prior to the revocation of said permit. Any use authorized by the Planning Board shall be deemed to be a conforming use in the district in which such use is located, provided that:
(1) 
The provision in this chapter under which such permit was issued is still in effect;
(2) 
Such permit was issued in conformity with the provisions of this chapter; and
(3) 
Such permit shall be deemed to affect only the lot or portion thereof for which such permit shall have been granted.
O. 
Expiration of approval. In cases of a site plan and/or special use permit approval or conditional approval, the approval shall be deemed terminated if construction is not commenced within 60 months of such action, unless the applicant demonstrates there are no changed circumstances and the approval is reviewed and extended by the Planning Board.
P. 
Inspection of improvements. The Town Engineer shall be responsible for the overall inspection of site improvements, including coordination with the Building Inspector and other local officials and agencies, as may be appropriate. Reasonable expenses incurred by the Town for inspections by the designated Town Engineer, or other appropriate professionals, shall be reimbursed to the Town by the applicant in accordance with the fee schedule established and annually reviewed by the Town Board.
Q. 
Performance bond. No certificate of occupancy shall be issued for a site plan unless the installation of required infrastructure and improvements is complete. As an alternative, a performance bond or other security sufficient to cover the cost of completing the installation, as estimated by the Town Engineer, shall be furnished to the Town by the applicant. Such security shall be provided to the Town pursuant to the provisions of New York State law. Such performance bond or equivalent security shall be delivered to the Town Board to guarantee thereby to the Town that the applicant shall faithfully cause to be constructed and completed within a reasonable time the required improvements to the Town, free and clear of all encumbrances.
(1) 
Procedure. Before the Building Inspector grants a certificate of occupancy, the applicant shall provide a detailed engineer's cost estimate for all required improvements for review and concurrence by the Town Engineer following the procedure set forth below:
(a) 
The applicant shall complete all required improvements to the satisfaction of the Town Engineer, who shall file with the Town Board a letter specifying the satisfactory completion of all improvements required by the Planning Board. For any required improvements not so completed, the applicant shall file with the Town Clerk a bond or certified check covering the costs of such improvements, in addition to the cost of satisfactorily installing any improvements not approved by the Town Engineer. Any such bond shall be satisfactory to the Town Board and Town Attorney as to form, sufficiency, manner of execution and surety. The applicant shall additionally file a copy of said certified check or other performance guarantee with the Building Department.
(2) 
As-built drawing required. No required improvements shall be considered to be completed until the installation of the improvements has been approved by the Town Engineer and a map, certified by the applicant's engineer and satisfactory to the Town Engineer, has been submitted indicating the specific location of all underground utilities as actually installed. However, if the applicant chooses to provide a performance guarantee for required improvements as specified in § 164-46Q(1)(a) above, such bond or equivalent security shall not be released until the required as-built drawing is submitted and deemed satisfactory by the Town Engineer.
A. 
Purposes. In conformance with the Town of Warwick Comprehensive Plan,[1] the purposes of the Traditional Neighborhood Overlay District are as follows:
(1) 
To extend greater opportunities for traditional community living, working, housing, and recreation to all residents of the Town.
(2) 
To encourage a more efficient use of land and public services by promoting compact development in appropriate locations.
(3) 
To reduce traffic congestion and promote citizen security and social interaction by providing compact, pedestrian-oriented residential development in close proximity to shops, services, offices, civic buildings, and open space.
(4) 
To encourage a diversity of housing styles, types and sizes to accommodate households of all ages, sizes, and incomes.
(5) 
To provide a mix of uses, including residential, commercial, civic and open space uses, in a traditional configuration typical of historic hamlets and villages in the Town.
(6) 
To incorporate a system of relatively narrow interconnected streets with sidewalks and bikeways that offer multiple routes for motorists, pedestrians and bicyclists and to provide for the connections of those streets to existing and future developments.
(7) 
To ensure that new development in the district will be compatible with historic hamlet and village building patterns in the Town and will create a strong sense of community identity and neighborhood feeling experienced in traditional rural settlements.
(8) 
To promote developments where the physical, visual and spatial characteristics are established and reinforced through the consistent use of compatible neighborhood design and architectural design elements. Such elements shall relate the design characteristics of an individual structure or development in a harmonious manner, resulting in a coherent overall development pattern and streetscape.
(9) 
To retain existing buildings with historical and/or architectural features which enhance the visual character of the community.
(10) 
To enhance the function of the district as the focus of commercial and civic activities within the surrounding neighborhood, and as a desired alternative to conventional, modern use-segregated developments such as large lot suburban subdivisions and strip commercial developments.
(11) 
To preserve the rural, historic and agricultural character of the Town by directing new development to existing hamlet locations and village environs, thereby creating distinct settlements surrounded by a greenbelt of conserved lands.
(12) 
To create receiving areas in the Town where development rights can be transferred from the Agricultural Protection Overlay District and such other areas specifically mapped by the Town Board in accordance with § 164-47.4. Maximum permitted density in the TN-O District, that exceeds the underlying Zoning District density, is only achievable when such development rights have been transferred.
[1]
Editor's Note: The Comprehensive Plan is on file in the office of the Town Clerk.
B. 
Uses and general requirements.
(1) 
General. The TN-O District is an overlay district covering lands within the LB and SL Zoning Districts and is intended to provide for a range of complementary uses. TN-O Districts, when authorized in accordance with § 164-47.4, consist of two areas: neighborhood residential and main street areas. These areas are intended to provide for the diversity necessary for traditional neighborhood life, while maximizing the interactions among related uses and minimizing the adverse impacts of different uses upon each other. The minimum size of each neighborhood (excluding greenbelts and other open green periphery areas) shall be 40 acres, and the maximum size shall not exceed 200 acres. Larger parcels shall be developed as multiple traditional neighborhoods, each individually subject to the provisions herein. The Planning Board may reduce to 20 acres the minimum size of a neighborhood where it finds that the purposes of the TN-O District will be achieved and where existing public services are available. Traditional neighborhoods may be located adjacent to, but shall not be bisected by an arterial street. These areas are specified by street hierarchy as defined in § 164-47E(4), and provide for the following:
[Amended 1-24-2002 by L.L. No. 2-2002]
(a) 
Neighborhood residential areas provide locations for a broad range of housing types, including one-family detached, two-family attached, and secondary dwelling units.
(b) 
The main street area is intended primarily to meet the retail and service needs of the immediate neighborhood within two- and three-story buildings, and may contain other compatible uses, such as civic and institutional uses of community-wide importance. It also provides for upper-story residential uses. All residences should be within approximately 1/4 mile from the main street area.
(c) 
Community water and sewer facilities are required.
(d) 
Base dwelling unit count is to be determined by the underlying zoning district density. Overall unit count may be increased up to the design standards described in § 164-47C and in accordance with the formula and procedures of § 164-47.4, the Town transfer of development rights program.
(e) 
A minimum of 5% of the gross area of the neighborhood shall be designated for open space uses, such as neighborhood greens, central squares or commons, courtyards, parks, playgrounds, greenways and trails, and protected natural areas.
(f) 
A minimum of 2% of the gross area of the neighborhood shall be designated for civic uses.
(g) 
A minimum of 5% and a maximum of 15% of the gross area of the neighborhood shall be designated for workplaces.
(h) 
A minimum of 2% and a maximum of 30% of the gross area of the neighborhood shall be designated for retail uses.
(i) 
A maximum of 15% of the gross area of the neighborhood shall be designated for attached houses and small-lot (50 feet or less in width) detached houses.
(j) 
A maximum of 45% of the gross area of the neighborhood shall be designated for large-lot (50 feet or more in width) detached houses.
(2) 
Uses permitted in all areas.
(a) 
Open space uses, such as neighborhood greens, central squares or commons, courtyards, parks, playgrounds, greenways and trails, protected natural areas, and stormwater detention/retention facilities.
(3) 
Uses permitted in neighborhood residential areas.
(a) 
One-family detached dwellings.
(b) 
Two-family attached dwellings, including duplexes and townhouses, provided that all dwellings have pedestrian access to the rear yard through means other than the principal structure.
(c) 
Class 1 home occupations.
(4) 
Special uses permitted in neighborhood residential areas. The following uses are permitted as special uses subject to demonstrated compatibility with surrounding land uses and the purposes of the Traditional Neighborhood District:
(a) 
Accessory apartments. One accessory apartment unit per lot may be placed on a one-family detached residential lot within the principal building or an accessory building, and on a two-family attached residential lot within an accessory building, provided that:
[1] 
The accessory dwelling unit shall not exceed 800 square feet.
[2] 
The accessory dwelling unit shall comply with the Table of Bulk Requirements,[2] except that a detached accessory dwelling shall be limited to a maximum building height of 25 feet, shall be clearly incidental to the principal dwelling, and shall be located a minimum of 20 feet behind the front facade of the principal dwelling.
[2]
Editor's Note: The Table of Bulk Requirements is included at the end of this chapter.
[3] 
Total building coverage for all principal and accessory uses shall not exceed 60%.
[4] 
One additional off-street parking space with unrestricted ingress and egress shall be provided for the accessory unit.
[5] 
The requirements of § 164-46J(51) are observed.
(b) 
Class 2 home occupations.
(c) 
Special needs housing designed to serve senior citizens, such as community living arrangements and assisted living facilities.
(d) 
Civic uses, such as municipal offices, fire stations, and post offices.
(e) 
Places of worship, churches and related uses.
(f) 
Public and private schools and other educational facilities.
(g) 
Nursery schools.
(h) 
Railroad, public utility, rights-of-way and structures necessary to serve areas within the Town.
(5) 
Uses permitted in main street area.
(a) 
Residential uses.
[1] 
Residential uses located on upper floors above commercial uses
(b) 
Business uses.
[1] 
Retail uses serving the day-to-day needs of the immediate neighborhood.
[2] 
Neighborhood grocery stores with a building footprint not exceeding 10,000 square feet.
[3] 
Eating and drinking places including outdoor cafes subject to the provisions of § 164-46, and excluding drive-in restaurants, fast-food restaurants, and franchise architecture.
[4] 
Personal services, such as barbershops, hair salons, tailors, shoe repair and other similar small-scale service uses, serving the immediate neighborhood.
[5] 
Laundries and cleaning establishments, but excluding washing of wearing apparel on the premises, except in the case of self-service and hand laundries. On-premises cleaning of wearing apparel or household effects shall be permitted only if noncombustible solvent is used except for the incidental removal of spots with combustible solvent.
[6] 
Offices, including business, professional and medical offices.
[7] 
Banks, excluding drive-throughs unless they are located to the rear of the building.
[8] 
Accommodations, including bed-and-breakfast establishments, small hotels or inns.
[9] 
Theaters, excluding drive-ins.
(c) 
General uses.
[1] 
Civic uses, such as municipal offices, fire stations, and post offices.
[2] 
Institutional uses, such as libraries, museums, art galleries, and community meeting facilities.
[3] 
Clubs and fraternal lodges.
[4] 
Places of worship, churches and related uses.
[5] 
Mortuaries and funeral parlors.
[6] 
Public and private schools and other educational facilities.
[7] 
Indoor recreation facilities in fully enclosed structures.
(d) 
Accessory uses.
[1] 
Commercial or business buildings and structures for a use accessory to the principal use but not exceeding 30% of the gross floor area of the principal use.
[2] 
Off-street parking as determined by § 164-43.2 of this chapter, but not including semitrailer trucks.
[3] 
Off-street loading as regulated by § 164-43.2 of this chapter.
[4] 
Fencing, screening and landscaping as permitted and regulated by §§ 164-43.2 and 164-46J of this chapter.
[5] 
Signs as regulated by § 164-43.1 of this chapter.
(6) 
Special uses permitted in main street area. The following uses are permitted as special uses subject to demonstrated compatibility with surrounding land uses and the purposes of the Traditional Neighborhood District:
(a) 
Neighborhood motor vehicle service stations or garages, provided that:
[1] 
Such uses shall be located in excess of 500 feet from the main intersection of the main street area.
[2] 
Fuel dispensers shall be located to the rear of the principal building.
[3] 
Gas station canopies shall have pitched roofs, and lighting shall be from luminaries completely recessed into the ceilings of said canopies, so that the lighting elements themselves are not visible from or beyond the lot lines.
(b) 
Commercial garages or parking lots for shared or community use.
(c) 
Other commercial, civic or entertainment uses considered, in the judgment of the Planning Board, to be similar in character and intensity to permitted uses.
(7) 
Special cases in the main street area.
(a) 
Outdoor cafes. Restaurant uses shall be permitted to operate outdoor cafes on sidewalks, including areas within the public right-of-way, and in courtyards, provided pedestrian circulation or access to store entrances shall not be impaired. The following standards and guidelines are applicable:
[1] 
To allow for pedestrian circulation, a minimum of five feet of sidewalk along the curb and leading to the entrance of the establishment shall be maintained free of tables or other encumbrances.
[2] 
Planters, posts with ropes or other removable enclosures are encouraged and shall be used as a way of defining the area occupied by the cafe.
[3] 
Extended awnings, canopies or large umbrellas shall be permitted and located to provide shade. Colors shall complement building colors.
[4] 
Outdoor cafes shall be required to provide additional outdoor trash receptacles.
[5] 
Tables, chairs, planters, trash receptacles and other elements of street furniture shall be compatible with the architectural character of the building where the establishment is located.
[6] 
Outdoor cafes shall not be entitled to additional signage over and beyond what is permitted for this type of establishment.
[7] 
The operators of outdoor cafes shall be responsible for maintaining a clean, litter-free and well-kept appearance within the area of their activities.
(b) 
Sidewalk displays. Commercial uses shall be permitted to have sidewalk displays of retail merchandise. The following standards and guidelines are applicable:
[1] 
Sidewalk displays are permitted directly in front of an establishment, provided at least five feet of clearance is maintained at the storefront entrance, or wider if needed for adequate and uncluttered pedestrian access, provided the display cases are located against the building wall and not more than two feet deep, and provided the display area does not exceed 50% of the length of the storefront.
[2] 
Display cases shall be permitted only during normal business hours, and shall be removed at the end of the business day. Cardboard boxes shall not be used for sidewalk displays.
[3] 
Sidewalk displays shall maintain a clean, litter-free and well-kept appearance at all times and shall be compatible with the colors and character of the storefront from which the business operates.
(8) 
Performance standards in the main street area. Consistent with the general purposes of the Traditional Neighborhood District, performance standards shall apply to control potentially objectionable external aspects of business uses. No use shall be maintained, established, altered, moved or expanded in the main street area unless it complies with the performance standards set forth below. Continued conformance with such standards shall be a requirement for the continuation of any certificate of occupancy.
(a) 
The proposed use shall not constitute a nuisance to the neighborhood due to hours of operation, noise or loitering.
(b) 
The emission of smoke, gas, dust, odor, or other atmospheric pollutant shall be reasonably minimized outside the building in which the use is conducted.
(c) 
Untreated or insufficiently treated wastes shall be prevented from discharge into any watercourse.
(d) 
Vibration, heat or electromagnetic interference shall not be disseminated beyond the immediate site on which the use is located.
(e) 
No use shall be permitted that presents a physical hazard by reason of fire, explosion, radiation or any similar cause.
(f) 
No use shall be permitted where it is determined by the Planning Board that the type and number of vehicle trips it is estimated to generate would be expected to produce unusual traffic hazards or congestion or cause or induce emissions which may be expected to interfere with the maintenance of air quality standards established by the United States Environmental Protection Agency, the New York State Department of Environmental Conservation or other regulatory agency having jurisdiction due to the design or capacity of the street system, the relationship of such proposed use to surrounding or nearby commercial or residential uses or other factors affecting air pollution arising from mobile source activity.
(g) 
Vehicular-oriented commercial land uses, such as car washes, and drive-through businesses that would have a disruptive effect on the pedestrian orientation of the district shall be prohibited.
(h) 
No loading or unloading shall take place nearer than 35 feet from any residence zone boundary.
C. 
Density determination and dimensional standards.
(1) 
Neighborhood residential areas.
(a) 
One accessory apartment per dwelling unit shall be considered a special use in addition to the number of dwelling units authorized under this section. As a condition of the granting of a special use permit, the adequacy of water and/or sewer shall be determined by the Planning Board.
(2) 
Bulk standards in neighborhood residential areas.
(a) 
Block layout. The block layout shall be designed to create blocks that are generally rectilinear in shape, with variations as needed for topographic, environmental, and other design considerations. Street layouts should provide for perimeter blocks that are generally in the range of 200 to 400 feet deep and 400 to 800 feet long. Alleys shall be permitted to bisect blocks, and a continuous network of alleys providing through access to the rear of lots is encouraged.
(b) 
Lot size diversity. A variety of lot sizes should be provided to eliminate the appearance of a standardized subdivision and to facilitate housing diversity and choice that meets the projected requirements of people with different housing needs. Lot widths should create a relatively symmetrical street cross section that reinforces the public space of the street as a simple, unified public space.
[1] 
One-family detached lots shall have a minimum lot area of 5,000 square feet and a maximum lot area of 15,000 square feet. Two-family attached lots shall have a minimum lot area of 3,000 square feet per unit and a maximum lot area of 6,000 square feet per unit.
[2] 
Lot widths shall range from 20 to 80 feet.
(c) 
Build-to line. Each block shall be designed with a uniform build-to line that shall establish the front yard setback for the lots on the block. The function of the build-to line is to form a distinct street edge and define the border between the public space of the street and the private space of the individual lot. The build-to line shall fall between the minimum and maximum front yard setbacks. In areas of existing development where existing buildings fall within the minimum and maximum front yard setbacks, the build-to line shall be designed to create the greatest uniformity on the block. In areas of existing development where existing buildings do not fall within the minimum and maximum front yard setbacks, the build-to line shall be designed as the closest line within the minimum and maximum front yard setbacks so as to create as much uniformity on the block as possible.
(d) 
Building setback, front.
[1] 
Principal building: minimum of zero feet, maximum of 25 feet. Structures with a front setback of five to 15 feet must provide a front porch or stoop on the front facade of the structure.
[2] 
Garages, carports and secondary dwelling units. A minimum of 20 feet behind the front facade of the principal building shall be provided.
(e) 
Building setback, rear.
[1] 
Principal building: minimum of 30 feet.
[2] 
Accessory buildings (excluding rear-loaded garages and carports): minimum of five feet.
[3] 
Rear-loaded garages and carports: minimum of 20 feet from the paved edge of alley or nine feet to the alley right-of-way.
(f) 
Building setback, side: 20% of the lot width; side setbacks may be allocated to one side only, with zero feet on the other side.
(g) 
Minimum lot depth: 100 feet.
(h) 
Maximum coverage: 60%.
(i) 
Maximum building height: 35 feet (except for civic building cupolas and towers, which can be up to 50 feet in height, and church steeples, which can be up to 75 feet in height).
(j) 
Number of stories: minimum of two stories, maximum of three stories.
(k) 
Units per acre. Central water and sewer services are required. For design purposes, the minimum number of dwelling units shall be four units per acre and the maximum number of dwelling units shall be eight units per acre.
(3) 
Dimensional standards in the main street area.
(a) 
Lot area: The minimum lot area shall be determined by adding 20% to the land area needed for the structure, on-lot parking, ingress/egress, and any on-site infrastructure that is required. The additional 20% shall constitute setbacks and landscaped buffers.
(b) 
Lot width at front yard setback line: minimum of 25 feet.
(c) 
Minimum lot depth: 100 feet.
(d) 
Build-to line: zero feet; buildings should abut the sidewalk. The build-to line may be increased to 10 feet if additional space is landscaped as a garden, courtyard, or outdoor seating or dining area. Entries may be recessed up to five feet.
(e) 
Side yard (each side): minimum of zero feet if attached to an adjacent building, or a minimum of five feet if not attached to an adjacent building but used as a courtyard or pedestrianway; maximum of 20 feet if used as a courtyard or a drive to parking in rear of the building.
(f) 
Rear yard: minimum of 55 feet to accommodate a sixteen-foot alley abutting the rear lot line and one or two rows of perpendicular parking
(g) 
Grade: First finished floor level must be level with the sidewalk grade.[3]
[3]
Editor's Note: The three subsections which immediately follow were originally designated as Subsection C(3)(g), (h) and (i). They were redesignated as Subsection C(3)(h), (i) and (j) 10-24-2002 by L.L. No. 6-2002.
(h) 
Maximum building coverage: 70%.
(i) 
Maximum building height: 35 feet. To create a visually unified street wall, buildings should be no more than 30% taller or 30% shorter than the average building height on the block, except for civic building cupolas and towers, which can be up to 50 feet in height, and church steeples, which can be up to 75 feet in height.
(j) 
Number of stories: minimum of two stories, maximum of three stories.
D. 
Neighborhood and architectural design standards.
(1) 
Standards for all areas. The standards established in this section are for the purpose of promoting quality development that is attractive, convenient and compatible with surrounding uses and historic buildings in the Town. These standards are intended to be general in nature and not to restrict creativity, variety or innovation.
(a) 
Standards for existing buildings.
[1] 
Existing buildings, if determined to be historic or architecturally significant, shall be protected from demolition or encroachment by incompatible structures or landscape development.
[2] 
The U.S. Secretary of the Interior's Standards for Rehabilitation of Historic Properties shall be used as the criteria for renovating historic/architecturally significant buildings.
(b) 
Standards for new buildings. All new buildings and remodeling or expansions of existing buildings, exclusive of buildings determined to be historic/architecturally significant, shall meet the following minimum structural and architectural design standards:
[1] 
Building placement. Buildings shall define the streetscape through the use of uniform setbacks along the build-to line for each block. The build-to line shall be generally continued across side yard setback areas between buildings by using landscaping. The streetscape shall also be reinforced by lines of closely planted shade trees, and may be further reinforced by walls, hedges or fences which define front yards.
[2] 
Architectural character. Buildings may be either traditional in their architectural character, or be a contemporary expression of traditional styles and forms respecting the scale, proportion, character and materials of historic village and hamlet structures.
[3] 
Architectural variety. A variety of architectural features and building materials is encouraged to give each building or group of buildings a distinct character.
[4] 
Scale. The scale of new construction, including the arrangement of windows, doors and other openings within the building facade, shall be compatible with historic buildings in the Town.
[5] 
Building mass. Buildings of 40 feet or more in width shall be visually divided into smaller increments to reduce their apparent size and contribute to a human-scale development. The mass of these buildings shall be deemphasized in a variety of ways through architectural details such as divisions or breaks in materials, window bays, separate entrances and entry treatments, variation in rooflines, awnings, or the use of sections that may project or be recessed up to 10 feet.
[6] 
Articulation of stories. Buildings shall clearly delineate the boundary between each floor of the structure through belt courses, cornice lines, canopies, balconies, or similar architectural detailing.
[7] 
Consistent cornice lines. Attached buildings within the same block shall maintain consistent cornice lines in buildings of the same height within two-family attached, nonresidential, or mixed use structures.
[8] 
Fenestration. Windows and other openings shall have proportions and a rhythm of solids to voids similar to historic buildings in the Town.
[9] 
Front facade. The front facade of the principal building on any lot shall face onto a public street. The front facade shall not be oriented to face directly toward a parking lot.
[10] 
Roof materials. Desired roof materials include slate (either natural or man-made), shingle (either wood or asphalt composition) and metal formed to resemble standing seams. Roof color should be traditional, meaning that it should be within the range of colors found on historic buildings in the Town. Specifically excluded are white, tan or blue shingles, red clay tiles, and corrugated metal. The use of fascias, dormers and gables is encouraged to provide visual interest. All gables shall be functional.
[11] 
Exterior wall materials. Exterior wall materials may include stucco, wood clapboard, wood shingle, native stone, or brick of a shape, color and texture similar to that found in the historic buildings in the Town. Concrete block and metal structures shall be prohibited. No buildings shall be sided with sheet aluminum, asbestos, corrugated metal, plastic or fiberglass siding.
[12] 
Colors. Colors used for exterior surfaces shall be harmonious with surrounding development and shall visually reflect the traditional colors of historic structures in the Town. Examples of incompatible colors include metallic, neon, and primary colors, which shall be limited to accents. When accent colors are proposed, the number of colors should be limited to prevent a gaudy appearance. Specifically prohibited shall be brick that is white, tan or painted; color shall be integral to the masonry materials.
[13] 
Fire escapes. Fire escapes shall be located to the rear of buildings.
[14] 
Accessory structures. All accessory structures, screen walls, and exposed areas of retaining walls shall be of a similar type, quality, and appearance as the principal structure.
(2) 
Additional standards for neighborhood residential areas.
(a) 
In order to be consistent with the scale of buildings in traditional villages and hamlets, no single building shall contain more than 3,500 square feet.
(b) 
Buildings shall have traditional sloping roofs with a minimum pitch of 9:12, and with overhanging eaves. Horizontal eaves shall face the street, with the exception of civic and institutional buildings and places of worship, which may have the gable end facing the street.
(c) 
Porches, pent roofs, roof overhangs, hooded front doors or other similar architectural elements shall define the front entrance to all residences.
(d) 
Porches must be at least four feet wide.
(e) 
Garages, carports and secondary units shall be located a minimum of 20 feet behind the front facade of the principal building.
(3) 
Additional standards for main street area.
(a) 
Multiple uses. Buildings shall be designed for multiple uses, with offices and/or residential units on upper stories.
(b) 
Building placement. Buildings shall generally be located close together with minimal side yard areas in order to form a fairly continuous row of shop fronts. Buildings shall be located as close to the front lot line as allowed by the zoning to reinforce the street wall and facilitate pedestrian access and circulation.
(c) 
Exterior public and semipublic spaces. Exterior public and semipublic spaces, such as courtyards or central squares, shall be designed to enhance surrounding buildings and provide amenities for users, in the form of textured paving, landscaping, lighting, street trees, benches, trash receptacles and other items of street furniture, as appropriate. Courtyards shall have recognizable edges defined on at least three sides by buildings, walls, landscaping, and street furniture, in order to create an outdoor room with a strong sense of enclosure.
(d) 
Building footprint. In order to be consistent with the scale of buildings in traditional villages and hamlets, no single building shall have a building footprint exceeding 5,000 square feet. Exceptions may be made only if the facades of larger buildings are articulated to appear as multiple buildings, each with a maximum building footprint of 5,000 square feet.
(e) 
Building roof. Flat roofs with articulated parapets and cornices may be allowed. Sloping roofs shall have a minimum pitch of 9:12, and with overhanging eaves.
(f) 
Building facades. Building facades shall provide architectural detail, and such detail, including eaves, columns, pilasters, cornices, windows and window surrounds, canopies, fascia, and roofs, shall be proportionate with the building and compatible with historic buildings in the Town. The architectural features, materials, and the articulation of a facade of a building shall be continued on all sides visible from a public street. Concrete block shall be permitted on rear walls only.
(g) 
Shopfront design. Shopfront design shall be based upon historic examples in the area. A minimum of 50% of the front facade on the ground level shall be transparent, consisting of display windows or door openings allowing views into and out of the interior to create visual interest at the street level. Windows shall be distributed in a more or less even manner consistent with the rhythm of voids and solids of historic buildings, and shall have low sills and high lintels consistent with the window proportions of historic buildings. Doorways, windows and other openings in the facade shall be proportioned to reflect pedestrian scale and movement. Traditional canvas awnings without interior illumination are encouraged.
(h) 
Entries. Primary entries to shopfronts shall be emphasized through the use of architectural features such as roofs, recessions into the facade, pilasters or other details that express the importance of the entrance.
(i) 
Mechanical equipment. All mechanical equipment, such as furnaces, air conditioners, elevators, transformers, and utility equipment, whether roof- or ground-mounted, shall be completely screened from contiguous properties and adjacent streets in a manner that is compatible with the architectural treatment of the principal structure.
(j) 
Landscaping. Landscaping shall be in accordance with the requirements of § 164-46H(8)
(k) 
Loading and service areas. Loading and service areas must be completely screened with a one-hundred-percent visually impervious buffer, except at access points, from the ground level view from contiguous property and adjacent streets.
(l) 
Outdoor storage. There shall be no outdoor storage of either materials or products.
(m) 
Trash storage. Trash storage and recycling areas shall be completely enclosed and screened from public view and adjoining buildings in a manner compatible with the architectural treatment of the principal structure.
E. 
Circulation system. The circulation system shall allow for different modes of transportation and shall include streets, sidewalks, bicycle paths and routes, and pedestrianways. It shall provide adequate traffic capacity, connected pedestrian and bicycle routes (especially off-street bicycle or multi-use paths or bicycle lanes on the streets), control through traffic, limit lot access to streets of lower traffic volumes, and promote safe and efficient mobility through the neighborhood. The street system shall provide functional and visual links within the residential neighborhoods and adjoining mixed-use, civic, commercial, and open space uses, and shall be connected to existing and proposed external development. The following circulation standards shall apply, except as such standards may be changed from time to time by nationwide organizations, such as the Institute of Traffic Engineers:
(1) 
Pedestrian circulation. Convenient and pleasant pedestrian circulation systems shall be provided continuously throughout the district. Where feasible, any existing pedestrian routes through the site shall be preserved and enhanced. All streets, except for alleys, shall be provided with continuous sidewalks in accordance with the specifications listed in Table 1.[4] The following provisions also apply:
(a) 
Sidewalks shall be made of modular masonry materials, such as brick, slate, and concrete pavers, or concrete with brick borders or cast-in-place materials, such as exposed aggregate concrete slabs. In order to ensure consistency, the final decision on sidewalk material shall rest with the Planning Board. Asphalt sidewalks are specifically prohibited.
(b) 
In the main street area, clear and well-lighted walkways shall connect building entrances to the adjacent public sidewalk and to any parking areas. Such walkways shall be a minimum of six feet in width, and shall be landscaped where feasible with trees, shrubs and other plant materials meeting the requirements of § 164-46H(8).
(c) 
Intersections of sidewalks with streets shall be designed with clearly defined edges. In the main street area, crosswalks shall be provided at all street intersections and shall be well lit and clearly marked with contrasting paving materials at the edges or with striping.
(d) 
Sidewalks shall comply with the applicable requirements of the Americans with Disabilities Act.
[4]
Editor's Note: Table 1, Attributes of Streets in the Traditional Neighborhood District, follows Subsection E(4)(a)[4].
(2) 
Bicycle circulation. Bicycle circulation shall be accommodated on streets and/or on dedicated bicycle paths. Where feasible, any existing bicycle routes through the site shall be preserved and enhanced. Facilities for bicycle travel may include off-street bicycle paths (generally shared with pedestrians and other nonmotorized users) and separate, striped, four-foot bicycle lanes on streets. In the main street area, if a bicycle lane is combined with a lane for parking, the combined width should be 14 feet.
(3) 
Public transit access. Where public transit service is available or planned, convenient access to transit stops shall be provided. Where transit shelters are provided, they shall be placed in highly visible locations that promote security through surveillance and shall be well-lighted.
(4) 
Motor vehicle circulation. Motor vehicle circulation shall be designed to minimize conflicts with pedestrians and bicycles. Traffic calming features, such as queuing lanes, curb extensions, roundabouts, and medians may be used to encourage slow traffic speeds. The street system shall act as a functional and visual link between neighborhoods, civic and commercial areas, and open space.
(a) 
District street hierarchy. Each street shall be classified according to the following criteria. Arterial streets are considered interregional roads that convey traffic between hamlets and villages. Arterials should not bisect residential areas including traditional neighborhood districts.
[1] 
Main street. This street acts as a collector and provides access to commercial or mixed-use buildings, but it is also part of the Town's major street network. Parallel on-street parking helps to slow traffic. Additional parking is provided in lots to the rear or side of buildings.
[2] 
Medium-volume residential street. This street provides primary access to individual residential properties and connects streets of lower and higher function.
[3] 
Low-volume residential street. This street provides primary access to individual residential properties. Traffic volumes are relatively low.
[4] 
Alley. These streets provide secondary access to residential properties where street frontages are narrow, where the street is designed with a narrow width to provide limited on-street parking, or where alley access development is desired to increase residential densities. Alleys may also provide delivery access or alternate parking access to commercial or mixed-use properties. Utilities shall run along alleys wherever practical.
Attributes of Streets in the Traditional Neighborhood District
[Amended 1-24-2002 by L.L. No. 2-2002]
Medium- Volume Residential Street
Main Street
Low- Volume Residential Street
Residential Access Lane
Alley
Average daily trips
750-1,500
750 or more
250-750
Less than 250
Not applicable
Right- of-way (feet)
48 - 72
70 - 88
35 - 55
40 - 55
12 - 16
Design speed (mph)
25
30
20
20
10
Auto travel
2 10-foot lanes
2 or 3 12-foot lanes
2 10-foot lanes, or 1 14-foot (queuing) lane
1 14-foot travel (queuing) lane
2 8-foot lanes for 2-way traffic, or 1 12-foot lane for 1-way traffic
Bicycle
4-foot lanes with no parking, or 6-foot lanes com- bined with parking lanes
2 6-foot lanes combined with parking lanes
None
None
None
Parking
None, one or both sides, 8 feet
Both sides, 8 feet
None or one side, 8 feet
1 side or both sides
None (access to individual drives and garages outside right-of-way)
Curb and gutter
Required; granite block curbing recom- mended, asphalt curbing prohibited
Required; granite block curbing recom- mended, asphalt curbing pro- hibited
Not required; inverted curb permitted under certain conditions
Not required inverted curb permitted under certain conditions
At corners of intersections with other street types only
Planting strips (feet)
Minimum 6
Minimum 6
Minimum 6
Minimum 6
None
Sidewalks
Both sides, 3 - 5 feet
Both sides, 6 - 10 feet
Both sides, 3 - 5 feet
One or both sides 3 - 5 feet
None
(b) 
Street layout.
[1] 
The street layout shall form an interconnected system of streets primarily in a rectilinear grid pattern. New development should maintain the existing street grid, where present, and restore any disrupted street grid where feasible.
[2] 
The orientation of streets should enhance the visual impact of common open spaces and prominent buildings, create lots that facilitate passive solar design, and minimize street gradients.
[3] 
All streets shall terminate at other streets or at public land, except low-volume residential streets may terminate in stub streets when such streets act as connections to future phases of development. Low-volume residential streets may terminate other than at other streets or public land when there is a connection to the pedestrian and bicycle path network at the terminus.
[4] 
To the greatest extent practical, streets shall either continue through an intersection, or terminate with a "T" intersection directly opposite the center of a building, or a view into an open space area.
[5] 
The use of culs-de-sac and other roadways with a single point of access shall be used only where no other alternatives exist. Where culs-de-sac are deemed to be unavoidable, continuous pedestrian circulation shall be provided for by connecting sidewalks that link the end of the cul-de-sac with the next street or open space.
[6] 
A minimum of two interconnections with the existing public street system shall be provided where practical. Linkages to adjacent developments and neighborhoods with pedestrian and bicycle paths are recommended where practical.
[7] 
Intersections shall be at right angles whenever practical, but in no case less than 75°. Low volume streets may form three-way intersections creating an inherent right-of-way assignment (The through street receives precedence.) that significantly reduces accidents without the use of traffic controls.
[8] 
To slow turning vehicle traffic and shorten pedestrian crosswalks, the roadway edge at street intersections shall be rounded by a tangential arc with a maximum radius of 15 feet for local streets and 20 feet for intersections involving collector or arterial streets. The intersection of a local street and an access lane or alley shall be rounded by a tangential arc with a maximum radius of 10 feet.
[9] 
Curb cuts for driveways to individual residential lots shall be prohibited along arterial streets. Curb cuts in the neighborhood residential area shall be limited to intersections with other streets or access drives to parking areas located to the rear or side of buildings. Clear sight triangles shall be maintained at intersections, as specified below, unless controlled by traffic signal devices:
Intersection of
Minimum Clear Sight Distance
(feet)
Local street and collector
120
Collector and collector
130
Collector and arterial
50
[10] 
Alleys shall be permitted to bisect blocks and to provide secondary access to adjoining properties. The following provisions apply:
[a] 
Alleys shall be treated as private streets and shall not be dedicated to the Town. Alleys may be dedicated to the property owners' association or may be dedicated as common easements across the rear portions of lots.
[b] 
Any lot having access from an alley shall additionally front upon a public street.
[c] 
Curbing shall not be required except at corners of intersections with other street types. At such corner locations, curbing shall be required for the entire corner radius and five feet preceding same. Such curbing shall not extend more than six inches above the finished pavement.
[d] 
Alley lighting shall be provided on all garages or on utility poles or lighting poles adjacent to parking areas. Lighting fixtures and lighting poles shall be of consistent architectural style and shall complement the predominant architectural theme.
[e] 
Design speed shall not exceed 10 miles per hour.
F. 
Streetscape standards. Streets shall be designed to serve as a public space that encourages social interaction and that balances the needs of all users, including pedestrians, bicyclists and automotive traffic. To create the appropriate character of the street as a public space, the following streetscape specifications shall apply:
(1) 
Planting strips. Sidewalks shall be separated from street curbs by a planting strip not less than six feet wide, planted with shade trees. In the main street area, the six-foot-wide planting strip may be paved from the curb to the sidewalk, with street trees planted in tree wells of a sufficient size to allow for mature tree growth.
[Amended 1-24-2002 by L.L. No. 2-2002]
(2) 
Shade trees.
(a) 
Shade trees shall be provided along each side of all streets, public or private, existing or proposed, but not including alleys. In locations where healthy and mature shade trees currently exist, the requirements for new trees may be waived or modified.
(b) 
Shade trees shall be located in the planting strip between the street curb and the sidewalk.
(c) 
Shade trees shall have a minimum caliper of two inches measured at chest height at time of planting, and shall be spaced a maximum of 30 feet on center, with exact spacing to be evaluated on a site-specific basis.
(d) 
No more than 40% of the street trees shall be of one species. The particular species of shade trees shall be determined upon specific locational requirements. Species shall be selected to cast moderate to dense shade in summer, survive more than 60 years, have a mature height of at least 50 feet, be tolerant of pollution, heat, and salt, require little maintenance by being mechanically strong (not brittle), and be insect- and disease-resistant. Care should be taken to avoid species that suffer from limb drop and splitting, heavy fruit or nut crops, invasive root systems, or allergen production. In the main street area, the street treescape shall consist of deciduous species that branch above eight feet to facilitate viewing of storefronts and signage. The following urban tolerant street trees are recommended:
Ginkgo (male trees only)
Green ash
Hackberry
Little-leaf linden
London plane tree
Pin oak
Red oak
Regent scholartree
Thornless honey locust
Village green zelkova
(e) 
Street trees shall be grown to at least American Nursery Association Standards, shall be balled and burlaped or crated nursery stock, and shall be irrigated and fertilized for a minimum of two years after installation. Any tree that dies within two years of planting, or any tree that is removed shall be replaced with the same species and size.
(3) 
Streetlighting.
(a) 
Streetlighting shall be provided on both sides of all streets at intervals of no greater than 75 feet on center and at intersections.
(b) 
Streetlighting shall utilize cast-iron posts not exceeding 12 feet in height. Lighting posts and fixtures shall be of consistent architectural style throughout the district and shall complement the predominant architectural theme.
(c) 
Streetlighting shall be located between the street curb or pavement and the sidewalk.
(4) 
Street furniture. Street furniture shall be permitted and shall be located so as not to obstruct site lines of vehicles or pedestrianways. Benches, when provided, shall be placed to face sidewalks and other pedestrianways.
G. 
Parking standards. Parking shall meet the standards specified in § 164-43.2. In addition, the following standards shall apply. In the event the TN-O parking standards conflict with § 164-43.2, the TN-O standards shall apply.
(1) 
On-street parking shall be provided in parking lanes parallel to street curbs along all public streets. In the main street area, on-street parking along the front property line shall count toward fulfilling the minimum parking requirement for the use on that lot.
(2) 
On-street parking shall be supplemented, wherever necessary as specified in § 164-43.2, by off-street parking areas located to the rear or side of buildings. Ideally, off-street parking shall be provided in the rear yard perpendicular to the building, between the building and an alley that abuts the rear property line and provides access to the parking area.
(3) 
Buffering of parking lots in the main street area from adjacent residences shall be accomplished through generous landscaping.
(4) 
Parking lots shall be accessed either through an alley or through internal connections to parking lots on adjacent properties. Cross-access easements for adjacent properties with interconnected parking lots shall be required, in language acceptable to the Town Attorney.
(5) 
No off-street parking shall be permitted in the front yards of buildings, nor shall off-street parking be permitted on corner lots except when screened.
(6) 
Any off-street parking space or parking lot in the main street area that abuts a sidewalk shall be buffered from the sidewalk by a landscaped area no less than four feet wide in which is located a continuous row of shrubs no less than 3.5 feet high, or by a wall or fence no less than four feet high and no more than six feet high, in addition to the required shade trees.
(7) 
Reduction of impervious surfaces through the use of interlocking pavers is strongly encouraged for areas that serve low-impact parking needs, such as remote parking lots, parking areas for periodic use, and parking in natural amenity areas.
(8) 
The Planning Board may recommend and the Town Board may require a contribution toward community parking facilities in lieu of off-street parking facilities.
H. 
Lighting and signage standards. Lighting and signage shall meet the standards specified in §§ 164-43.4 and 164-43.1, respectively. In the event the TN-O lighting and signage standards conflict, the TN-O standards shall apply.
I. 
Definitions. Words used in § 164-47 carry the following meanings:
ADT
Average daily traffic volumes on a street.
ALLEY
A public or private way located through the interior of blocks and permanently reserved as a secondary means of access to abutting property.
ANTIQUE STORE
A building used for the sale of old and authentic objects of personal property that were made, fabricated, or manufactured 50 years or more earlier and which have a unique appeal and enhanced value because of their age.
BAKERY
A shop where baked goods are sold or offered for sale by retail, including incidental baking of products for retail sale on the premises.
BANK
An institution where money is deposited, kept, lent, or exchanged.
BAR OR TAVERN
A retail business licensed by the New York State Liquor Authority for the sale of on-premises consumption of alcoholic beverages.
BLOCK
A unit of land bounded by streets or by a combination of streets and public land, railroad rights-of-way, waterways, or any other barrier to the continuity of development.
BUILDING, FOOTPRINT
The ground floor area of any building measured from the outside of the exterior walls.
BUILDING, MASS
The three-dimensional bulk of a structure: height, width, and depth.
BUILDING, SCALE
The relationship between the mass of a building and its surroundings, including the width of street, open space, and mass of surrounding buildings.
BUILD-TO LINE
A line within a lot parallel to the street curbline along which at least 50% of a building's outside wall must be built. Lots fronting on more than one street shall contain a build-to line along each of the streets on which the lot fronts.
CENTER SQUARE
A tract of land devoted to municipal, civic, or public purpose that serves as a central focus for surrounding properties. The center square may consist of a wide intersection of streets, an open space surrounded by streets, a plaza or forecourt of a public building, the site of a municipal or civic building, or an area adjacent to a through street which is devoted to similar purposes. The term "center square" does not imply that the tract is located in the geographic center of the addition, but rather is located in relation to the existing community extension. Center squares may consist entirely of public road rights-of-way, landscaped green areas within the right-of-way, properties occupied by municipal or civic buildings or structures, or adjacent open space bounded by public streets on two or more sides.
COURTYARD
A deep formal space located between buildings and abutting a sidewalk. Courtyards shall have recognizable edges defined on at least three sides by buildings, walls, landscaping, and street furniture, in order to create an outdoor room with a strong sense of enclosure.
CURB RADIUS
The curved edge of streets at an intersection measured at the outer edge of the street curb or of the parking lane.
DRUGSTORE
A store where the primary business is the filling of medical prescriptions and the sale of drugs, medical devices, and supplies and nonprescription medicines.
FASCIA
A projecting flat horizontal member or molding on a building; also part of a classical entablature.
FENESTRATION
Window and other openings on a building facade.
GABLE
The part of the end wall of a building between the eaves and a pitched or gambrel roof.
GREENS
Spatially defined and distributed open spaces within the traditional neighborhood designed to serve a variety of outdoor leisure and assembly needs of neighborhood residents and to enhance the form and appearance of the development. They may consist of a central green or of smaller neighborhood greens.
GRID STREET PATTERN
An interconnected system of streets that is primarily a rectilinear grid in pattern.
GROCERY STORE
A retail establishment primarily selling food as well as other convenience and household goods.
GROUP OF BUSINESSES
Two or more retail establishments or offices sharing certain facilities such as buildings, parking, public utilities, and open space.
HUMAN SCALE
The relationship between the dimensions of a building, structure, street, open space, or streetscape element and the average dimensions of the human body.
LIBRARY
A building containing printed, pictorial and electronic material for public use for purposes of study, reference, recreation and relaxation.
MAIN STREET AREA
Streets containing a mix of uses, including a variety of retail shops and services that support the day-to-day needs of neighborhood residents, complemented by other compatible business, civic, and residential uses in commercial-type buildings in a manner consistent with the downtowns of historic hamlets and villages of the region.
MODIFIED GRID STREET PATTERN
An interconnected system of streets which is primarily a rectilinear grid in pattern, however, modified in street layout and block shape as to accommodate the existing street pattern.
NEIGHBORHOOD MOTOR VEHICLE SERVICE STATION OR GARAGE
A motor vehicle service station or garage that is limited in the intensity of use to serve primarily the immediately surrounding neighborhood. Such facilities shall be limited to two fuel dispensers serving no greater than four motor vehicles at any one time and/or two indoor service bays servicing no greater than two motor vehicles at any one time.
PEDESTRIANWAY
A right-of-way, publicly or privately owned, intended for human movement by walking.
PILASTER
A column partially embedded in a wall, usually nonstructural.
PITCH
The angle of slope of a roof.
PORTICO
An open-sided structure attached to a building sheltering an entrance or serving as a semienclosed space.
PROPORTION
The relationship or ratio between two dimensions, i.e., width of street to height of building wall, or width to height of window.
QUEUING
The use of one travel lane on local streets with parking (usually an intermittent parking pattern) on one or both sides.
RESTAURANT
A place where food and drink is prepared and served to the public on the premises, primarily for consumption within the principal building, but which may offer seasonal outside seating.
RETAIL STORE OR SHOP
Traditional small-scale retail establishments, such as florists, hardware stores, convenience stores, stationary stores, book stores, video rental stores, clothing stores, shoe stores, antique stores, etc., that sell goods or merchandise to the general public for personal or household consumption.
RHYTHM
The effect obtained through repetition of architectural elements, such as building height, rooflines, or side yard setbacks; of streetscape elements, such as decorative lampposts; or of natural elements, such as street trees.
RHYTHM OF SOLIDS TO VOIDS
The relationship between the solid portion of a building facade and the voids formed by doors, windows, other openings and recesses. May also refer to the relationship between building mass (solids) and side yard setbacks (voids) along a street.
SECONDARY DWELLING UNIT
An additional rental dwelling unit located within the principal dwelling on the lot, in a freestanding building, or above a residential garage.
SIDEWALK
A paved path provided for pedestrian use and usually located at the side of a road within a right-of-way.
SIDEWALK DISPLAY
The outdoor display of merchandise for sale by a commercial establishment. The displayed merchandise must be similar to the merchandise sold within the establishment.
STREET FURNITURE
Functional elements of the streetscape, including but not limited to benches, trash receptacles, planters, kiosks, gazebos, signposts, bicycle racks, railings and fences, fountains, memorials, and public telephones.
STREETSCAPE
The sum of the man-made and planted features that create the character of the street as a public space. Streetscape features may be located within and adjacent to the right-of-way. Streetscape features include street trees and plantings, streetlights, street furniture, sidewalks, median strips and island, public art, banners and flags, signs and awnings, and similar publicly visible features.
TRADITIONAL NEIGHBORHOOD
A pedestrian-oriented neighborhood, with variable lot sizes, a variety of dwelling unit types, on-street parking, and a main street area encompassing a mixture of compatible land uses.
VISUALLY IMPERVIOUS
A buffering or screening device that partially or totally blocks the view to or from adjacent sites by a discernible factor ranging up to 100%.
A. 
Findings. The Town of Warwick finds that the natural open character of the Town's ridgelines is a critical feature whose conservation enriches and benefits both residents and visitors, as documented in the Town's 1999 Comprehensive Plan.[1] Conservation of the scenic character of these areas of the Town emerged as an important priority in the public planning process, conducted from 1994 to 1999. The Town, therefore, finds that protection of the scenic character of the Town's ridgelines is important to maintaining rural character, a sense of place, and scenic landscapes, all of which contribute to the Town's quality of life and its attractiveness for residential and commercial development, as well as for tourism. The Town further finds that development of the area covered by this overlay district is appropriate, if such development is carefully planned and designed to maintain, conserve, and enhance to the extent practicable the scenic features of the area and the views into the landscape from public roads. Ridgeline conservation will also have the effect of protecting Warwick's important wildlife habitats and environmentally fragile areas as well as preserving open space.
[1]
Editor's Note: The Comprehensive Plan is on file in the office of the Town Clerk.
B. 
Purpose. The purpose of the Ridgeline Overlay District (hereafter the "RL-O District") is to establish clear guidelines for future development and protection of the Town's ridgelines, which are found largely at higher elevations and which comprise the most scenic and environmentally sensitive areas of the Town.
[Amended 10-24-2002 by L.L. No. 6-2002]
C. 
Location. The RL-O District consists of two parts, labeled "RL-O1" and "RL-O2," encompassing those lands shown on a map entitled "Town of Warwick Ridgeline Overlay" which is hereby made a part of the Town of Warwick Zoning Map. This area encompasses those lands identified in the Town of Warwick Comprehensive Plan as "important views" and "scenic roads." RL-O1 areas constitute elevations of the Town 600 feet or more above mean sea level west of the Wawayanda Valley, as identified on the U.S. Geological Survey's topographic maps, and RL-O2 areas constitute elevations of the Town 700 feet or more above mean sea level east of the Wawayanda Valley, as identified on the U.S. Geological Survey's topographic maps.
[Amended 10-24-2002 by L.L. No. 6-2002]
D. 
Applicability.
(1) 
Land subdivision, special use permit, and site plan approval. The provisions of this section shall apply to all applications for land use development including subdivision, special use permits, site plan approval, zoning variances, zoning amendments, building permits for new residential dwellings, dwelling additions exceeding 300 square feet, and accessory structures exceeding 300 square feet, on any parcel of land lying fully or partially within the mapped RL-O District. However, the RL-O District requirements shall not be used to lessen the underlying zoning district density. Except as provided herein, no land shall be developed and no building or structure erected, expanded, or developed unless the Board or Building Inspector granting such approval finds that the development proposed will be consistent with the requirements of the RL-O District. Such Board or Building Inspector shall impose reasonable conditions, which it deems necessary in order to make such a finding. The provisions of the underlying zoning district shall remain in effect except where otherwise specified herein.
[Amended 1-24-2002 by L.L. No. 2-2002; 10-24-2002 by L.L. No. 6-2002]
(2) 
Conflict. In case of any conflict between the provisions of this section and the requirements of the underlying district, other sections of this chapter, the Town Road Specifications, or Chapter 137, Subdivision of Land, this section shall control.
(3) 
Approval conditions. Any condition of approval necessary to meet these regulations shall be clearly noted on the final plat or plan and filed with the Orange County Clerk. All deeds of new residential units within the RL-O District shall contain references to the ridgeline design requirements, enumerated in § 164-47.1F herein, that shall be placed on the subdivision plat as a condition of approval.
[Amended 10-24-2002 by L.L. No. 6-2002]
E. 
Preservation of scenic features. In any application subject to this section, features that provide scenic importance to ridgeline areas should be preserved to a reasonable extent. These features include but are not limited to individual healthy trees within open fields that are at least 18 inches in diameter at breast height (dbh), historic structures, hedgerows, public or private unpaved country roads, and stone walls.
F. 
Design requirements. All development within the RL-O District shall comply with the design standards and principles provided herein. The intent of the design requirements is to provide prospective applicants for land development with the types of development that the Town wishes to achieve within the RL-O District. The requirements are also intended to ensure that future development within the RL-O District creates no more than a minimal impact on the District and surrounding area, makes open space planning a central focus of any future development, requires that new development follow traditional settlement patterns within the District, and provides general siting principles to help landowners and the Planning Board plan projects that fit into the scenic and rural countryside found in the higher elevations of the Town.
[Amended 1-24-2002 by L.L. No. 2-2002; 10-24-2002 by L.L. No. 6-2002]
(1) 
Placement of structures. To ensure the placement of structures outside of the exposed ridgeline area on proposed building lots, building sites, including areas of cleared vegetation, shall be clearly designated on the applicable subdivision plat and/or site plan. Constructed structures shall not differ more than 20 feet in any direction from building site locations shown on approved subdivision and/or site plans at the time of building permit application. Wherever practical, structures shall be sited at the lowest elevation possible to be as visually inconspicuous as possible when seen from a distance and from lower elevations. In no case shall development occur along and/or project above ridgelines when viewed from the locations identified in § 164-47.1F(3)(a) below.
[Amended 9-11-2003 by L.L. No. 4-2003]
(2) 
Restrictions on height. Within the R-O District, no principal or accessory structure with a building height of greater than 25 feet shall be constructed unless visual cross sections or other appropriate methods demonstrate that the subject structure could be constructed with a building height greater than 25 feet, in conformance with Table of Bulk Requirements, without unduly impacting ridgelines and scenic viewsheds.[2]
[2]
Editor's Note: See the Table of Bulk Requirements included at the end of this chapter.
(3) 
Mitigation of impacts. All principal and accessory structures shall comply with the following measures, designed to mitigate the impact of the structure, including clearing of vegetation and regrading, unless explicitly exempted elsewhere in this section.
(a) 
Visibility. All structures shall be sited to avoid, to the greatest extent practical, occupying or obstructing public views of land within the RL-O District. Public views shall be considered to be from any location listed on the SEQR Visual Environmental Assessment Form Addendum (V-EAF) pursuant to 6 NYCRR 617.20 Appendix B. These locations are frequented by the public and offer unobstructed views of the Town's ridgeline landscapes. Visibility shall be measured using a condition of no leaves on trees.
(b) 
Colors.
[1] 
Structures should blend in with natural surroundings through preferred use of stone and/or natural wood siding. In all cases, structures shall be constructed and maintained so that predominate exterior wall colors (including the colors of basement walls on the downhill side of the structure) and roof surfacing materials:
[a] 
Repeat the colors found most commonly in the land and vegetation around the building (earth tone); and
[b] 
Have a light reflective value of no more than 60%.
[2] 
Reflective materials and bright colors that contrast dramatically with the colors of the land and vegetation around them shall not be used as predominate colors on any wall or roof surface.
(c) 
Vegetation. Existing vegetation within ridgeline areas shall be preserved to the maximum extent practical. Every attempt shall be made to limit cutting necessary for either construction or the opening of views from the subject site so as to maintain native vegetation as a screen for structures, as seen from public roads or parks or other public views. This section is not intended to limit forest management in ridgeline areas when practiced in accordance with environmentally sound and sustainable silvicultural principles. Forest management constitutes a beneficial and desirable use of the Town's forest resources and makes vital contributions to the economy, environment and aesthetic features of Warwick. The tradition of using Warwick's forest resources for the production of forest products and related commercial activities, for recreation, and for sustenance of the Town's wildlife is essential to a favorable quality of life.
[1] 
Landscaping. As a condition of approval, the area around each principal and accessory structure shall include at least one tree of a species with a mature height of at least 35 feet for each 2,500 square feet of lot or parcel area; provided, however, that this requirement shall not require any single-family residential lot to contain more than eight trees unless growing naturally on the site. Trees installed to meet the requirements of this subsection are preferably to be of coniferous species, shall be a minimum of six feet tall when planted, and shall be planted before a certificate of occupancy is issued for the principal structure, or if that is not possible due to planting season or weather conditions, then within one month of the planting season for the species. Landscaping survivability shall be assured in accordance with § 164-46G(3)(n)[3]. Any existing trees that meet the height requirement are counted towards satisfaction of the tree requirements, regardless of whether they are coniferous or deciduous. Concurrently with the review and approval process, the applicant submitting such plan may request approval of a landscape plan in which the vegetation requirements for certain lots or tracts may be increased, decreased or deleted, to reflect the degree of visibility of structures located in various portions of the subdivision or site. Additionally, such applicant may request alternative placement of landscaping on certain lots and tracts if such placement provides adequate mitigation of the visual impact of the roofline of the principal structure. Landscaping required by this section shall be credited against the landscaping requirements imposed by any other section of this chapter.
[2] 
Tree cutting. All timber harvesting in the Ridgeline Overlay District shall comply with the most recent versions of Timber Harvesting Guidelines for New York and Best Management Practices, as promulgated by the New York State Department of Environmental Conservation (DEC) and available from the Town's Planning Department. There may be situations where strict adherence to certain provisions of the Timber Harvesting Guidelines for New York and Best Management Practices are impossible or impractical to attain. Alternate measures exist that can be substituted for such guidelines in appropriate circumstances. In such cases, the Town of Warwick Code Enforcement Officer may grant a waiver from the strict application of the guidelines where reasonable and necessary.
[a] 
Timber harvests and tree removal in excess of 1/4 acre are allowed by permit from the Planning Board in accordance with Chapter 150 of the Town Code. If the regulations of the RL-O District conflict with Chapter 150, the RL-O regulations shall apply.
[b] 
Clear-cutting of all trees in a single contiguous area in excess of 1/4 acre in area shall be prohibited. This Subsection F(3)(c)[2][b] shall not apply to:
[Amended 9-11-2003 by L.L. No. 4-2003]
[i] 
Christmas tree culture or other existing tree plantation;
[ii] 
Harvests conducted in accordance with a timber harvesting plan prepared pursuant to § 480-a of the New York State Real Property Tax Law;
[iii] 
Tree clearing for farm purposes within agricultural districts established pursuant to New York State Agriculture and Markets Law;
[iv] 
Severe natural disturbances, which include fire, insect infestation, disease, ice and wind;
[v] 
Removal of timber stands that, if partially harvested according to accepted silvicultural practice, are at high risk for windthrow due to factors such as soils, rooting depth, crown ratio, or stem quality;
[vi] 
Ecologically appropriate improvement or creation of wildlife habitat, with accompanying prescription and justification from a certified wildlife professional, a New York State Department of Environmental Conservation Forester, a member of the New York Institute of Consulting Foresters, or a Cooperating Consultant Forester.
(4) 
View preservation. A conservation easement, pursuant to § 247 of New York State General Municipal Law and §§ 49-0301 through 49-0311 of the New York State Environmental Conservation Law, is the preferred means to protect or buffer views. Other legal instruments, such as deed restrictions as described in § 164-41.1J, and acceptable to the Town Attorney, may be used to protect or buffer views.
(5) 
Lighting. Exterior lighting in the RL-O District shall be controlled in both height and intensity and shall be in conformance with the requirements established herein. Under no circumstances shall the light level at any lot line exceed 0.2 footcandle, measured at ground level. Floodlights shall not be used to light any portion of a principal or accessory structure facade (except for the temporary lighting allowed under § 164-43.4), and all outdoor light sources mounted on poles or buildings or trees to illuminate driveways, sidewalks, walkways, parking lots, or other outdoor areas shall use fully shielded light fixtures. For purposes of this section, a "full cutoff light fixture" is one in which no more than 2.5% of the total output is emitted at 90° from the vertical pole or building wall on which it is mounted. All such fixtures shall be installed or shielded so that part of the light bulb or light source is not visible beyond the property boundaries.
(6) 
Design principles. To meet the purposes of the RL-O District, the following design principles shall apply:
(a) 
Parking. Parking lots for nonresidential and multifamily residential uses shall be provided with screened parking wholly at the side and/or rear of the structures, provided such an arrangement does not create a significant visual effect. If parking is provided at the side of structures, at least a ten-foot-wide landscaped area (exclusive of that required for sidewalks or utility easements) shall be provided between the road right-of-way and the parking lot, to be planted with shade or ornamental trees and at least a three-foot-high evergreen hedge, wall or fence. In addition, at least one tree and three shrubs shall be provided for each eight parking spaces in interior areas of the parking lot, whether such lot is provided at the side or rear of structures. Parking for single-family dwellings shall also be provided at the side and/or rear of the principal structure, provided such an arrangement does not create a significant visual effect. This principle shall not apply to conservation density subdivisions.
(b) 
Conservation density subdivisions within the RL-O District shall be encouraged as an alternative to maximum density development.
(c) 
Wherever practical, vegetation and topography shall be used to buffer and screen buildings.
(d) 
Clearing of existing vegetation at the edge of the road shall be minimized, except to open landscape views and as necessary to create road and driveway entrances with adequate sight distance. Curved driveways shall be used to increase the screening of buildings.
(e) 
Buildings shall be sited so that they do not protrude above tree tops and ridgelines of hills as seen from public places and roads. This shall not be interpreted to mean that the buildings should not be seen, only that they should not protrude above the trees or hilltops.
(f) 
All electric, telephone, television, and other communication lines, both main and service connections, servicing new development, shall be provided by underground wiring within easements of dedicated public rights-of-way, installed in accordance with the prevailing standards and practices of the utility or other companies providing such services.
(7) 
Dimensional regulations. The following dimensional regulations shall apply to development within the RL-O District:
(a) 
All subdivisions of land, other than conservation density subdivisions, should be considered for cluster subdivision in accordance with this chapter and New York State Town Law.
(b) 
Nonresidential and multifamily residential buildings shall be sited in clusters.
(c) 
No building shall exceed 7,500 square feet in footprint unless the structure is to be used exclusively for agricultural purposes.
(d) 
The maximum allowable impervious surface coverage on any parcel proposed for subdivision or development shall be 20%. To implement this requirement, restrictions on impervious surface coverage for individual subdivided lots shall be shown on any subdivision plat.
(e) 
Maximum building height requirements shall apply to the peak of the roofline except for cupolas or turrets as well as silos or barns when used in conjunction with agricultural operations, which may exceed the maximum building height.
(8) 
Prevention of soil erosion. No site plan or subdivision plat shall be approved unless it includes soil erosion and sediment control measures, prepared in accordance with the standards described in manuals in common usage, such as the New York State Department of Environmental Conservation's Reducing the Impacts of Stormwater Runoff from New Development or the New York State Soil and Water Conservation Committee's New York Guidelines for Urban Erosion and Sediment Control. Landowners shall bear full responsibility for the installation, construction, and maintenance of all erosion control measures required as a condition of approval.
(9) 
Referral. The Town of Warwick's ridgeline areas contain significant wildlife habitats, including those frequented by endangered and threatened species. To receive assistance in its review of applications, the applicable board may refer the proposed plan to the New York State Department of Environmental Conservation and/or the New York Natural Heritage Program for its review and recommendations. To receive further assistance, such reviewing board may refer the proposed plans to any such agencies or officials of the Town, county, state, or federal government as the board may deem appropriate.
(10) 
The applicable reviewing board or Building Department may waive some or all of the regulatory requirements of this section in the RL-O District under any of the following circumstances:
(a) 
The structure or area within the RL-O District is situated so that it does not create a significant visual impact that cannot be mitigated, when viewed from visually sensitive areas, including public view locations identified in § 164-47.1F(3)(a), scenic roads or important views identified in the Town of Warwick Comprehensive Plan;[3]
[3]
Editor's Note: The Comprehensive Plan is on file in the office of the Town Clerk.
(b) 
The reviewing board or Building Department finds that the work to be done is of a minor nature and is consistent with the design standards set forth herein.
(c) 
The use involves commercial agricultural operations.
A. 
Findings and purpose. The Town of Warwick finds that protection of groundwater is essential to promoting the health, safety, and welfare of the Town. The purpose of this Aquifer Protection Overlay District (hereafter the AQ-O District) is to protect, preserve, and maintain the quality and quantity of the groundwater resources, which the Town depends upon for its present and future public water supply, for its existing public water supplies that depend on groundwater, and for numerous private wells in the Town of Warwick. As used herein, "present and future" means any wells or springs currently in use for public water supply purposes, any potential wellhead areas that have been identified and are under study or planned for future use, as well as those wellhead areas identified for study from the time so designated.
B. 
Definition of district. The AQ-O District consists of aquifers and aquifer recharge areas shown on the Zoning Map of the Town of Warwick. The Aquifer Map is an approximate delineation of the boundaries of the unconsolidated sand and gravel deposits, recharge areas with sand and gravel at the surface, and probable high-yield bedrock well locations as identified in Figure 8 of the Town of Warwick Comprehensive Plan.[1] A landowner may challenge the inclusion of land in the AQ-O District by presenting expert evidence provided by a qualified professional based upon on-site investigation. Where such evidence shows, to the Planning Board's satisfaction, that groundwater on the property is not part of such aquifers and aquifer recharge areas, the regulations of this section shall not apply, provided an adjustment of the boundaries of the district shall be made on the official Zoning Map.
[1]
Editor's Note: The Comprehensive Plan is on file in the office of the Town Clerk.
C. 
Applicability.
(1) 
An applicant for any proposed action requiring subdivision approval, special use permit, site plan approval, zoning amendment, or zoning variance, under this chapter or Chapter 137, Subdivision of Land, shall be subject to the use restrictions in § 164-47.2E. Applicants for a special use permit or a major subdivision shall additionally be subject to the aquifer impact assessment provisions of § 164-47.2D below. Compliance shall be required as a condition of approval of any action within the AQ-O District. The applicant shall show, on any required submissions, the location of any portion of the subject property which lies within the AQ-O District as identified on the Town of Warwick Aquifer Overlay District Map.
(2) 
Existing development, uses or activities located within the AQ-O District are not subject to the requirements of § 164-47.2 and are considered permitted or specially permitted nonconforming uses or activities. Any change in a permitted nonconforming use or activity shall be subject to the requirements of the AQ-O District regulations. Notwithstanding the foregoing, if any permitted nonconforming uses or activities are found to pose a potential or imminent hazard to health, they shall be deemed violations of this chapter.
D. 
Aquifer impact assessment. All applications for subdivision, site plan, or special use permit approval, pursuant to Chapter 137 and § 164-46 shall include an aquifer impact assessment, based upon the methodology developed by the Town of Warwick Building Department. Said assessment shall be prepared by a qualified professional.
[Amended 9-11-2003 by L.L. No. 4-2003]
E. 
Use restrictions. The following use restrictions and requirements shall apply to all land in the AQ-O District and which is within one mile of community water supply wells or springs. These use restrictions are not intended to supersede the New York State Agriculture and Markets Law or the New York State Environmental Conservation Law governing acceptable agricultural practices.
[Amended 1-24-2002 by L.L. No. 2-2002; 9-11-2003 by L.L. No. 4-2003]
(1) 
Disposal wells. The installation or use of disposal wells is prohibited.
(2) 
Infiltration basins. The installation or use of stormwater runoff infiltration basins is prohibited unless surface water quality flowing into the infiltration basin is of sufficient quality that groundwater shall be protected.
(3) 
Snow disposal. The stockpiling or dumping of snow which has been transported to the restricted area is prohibited.
(4) 
Animal wastes. Manure piles shall not be permitted unless provision has been made to prevent seepage into groundwater. Suitable storage facilities shall be required when it is not possible to spread or dispense of wastes on a daily basis.
(5) 
Industrial sludge and toxic chemicals. No toxic or hazardous substances, defined as such by the United States Environmental Protection Agency or the New York Department of Environmental Conservation, shall be stored except under permit from those agencies.
(6) 
Wastewater lagoons and pits. Use of wastewater lagoons and pits for temporary storage of wastewater is prohibited. All storage facilities shall be watertight, located above ground, and under permit by the New York Department of Environmental Conservation.
(7) 
Disposal. Disposal of toxic chemicals, industrial sludge, or radioactive materials is prohibited.
(8) 
Fertilizer storage. All bulk storage of fertilizers for agricultural or commercial use must be within a building or structure which will prevent any seepage or runoff.
(9) 
Pesticide and herbicide use. No pesticides or herbicides shall be stored or applied except in compliance with this section. All storage of pesticides and herbicides within the AQ-O District shall be within a building. Application of pesticides and herbicides within aquifer recharge areas or probable high-yield bedrock wells, as identified on the Aquifer Overlay Map, shall be subject to issuance of a special use permit as required by § 164-46 of this chapter with the exception of commercial agricultural uses, which are exempted from this requirement. All such use, storage, or application shall be in accordance with the requirements of the New York State Environmental Conservation Law and its implementing regulations.
(10) 
Storage tanks and pipelines. The installation, construction, placement, or replacement of new or existing underground storage tanks or containers of 1,100 gallons or less for petroleum products, including their pipelines, or underground storage tanks, pipelines, or containers for any other toxic chemical is prohibited in connection with all uses, including home fuel storage tanks for residential purposes. All above ground storage tanks of 1,100 gallons or less for petroleum products, pipelines, and transfer areas shall, to the maximum extent feasible, be designed to minimize the risk of groundwater contamination by incorporating backup containment structures, impervious surfaces, catchment areas, and other features. The Town reserves the right to prohibit installation or expansion of above ground storage tanks of 1,100 gallons or less for petroleum products or installation or expansion of above ground storage tanks, pipelines, or containers for any other toxic chemical, where consistent with the purpose and standards of this section. This subsection is intended to be consistent with the requirements of the New York State Petroleum Bulk Storage Code found in 6 NYCRR 612, 613, and 614 which regulates storage tanks holding 1,100 gallons or more.
(11) 
Salt and coal stockpiles. The storage of salts or coal is prohibited except in a completely enclosed building or structure, which will prevent any seepage or runoff containing such materials.
(12) 
Water wells. All water supply wells shall be constructed in accordance with the requirements of the Orange County Department of Health.
(13) 
Abandoned wells. All abandoned wells shall be sealed in accordance with the requirements of the Orange County Department of Health.
A. 
Findings and purpose. The Town of Warwick finds that protection of agriculture is essential to implementing the goals of the Town of Warwick Comprehensive Plan.[1] Protection of land for agricultural purposes is a legitimate zoning objective under New York State's statutes, which the regulations set forth in this section seek to achieve. It is also a policy of the New York State Constitution to preserve agriculture. The purposes of the Agricultural Protection Overlay District (hereafter the AP-O District), among others, are as follows:
(1) 
To protect and maintain the Town's farmland for continued or future agricultural use, including operating farms, lands that contain prime agricultural soils, soils of statewide significance or black dirt soils and lands within Agricultural Districts;
(2) 
To implement the Town Comprehensive Plan, which contains the goals of protecting rural and agricultural lands, discouraging incompatible nearby land uses, and promoting agriculture as a component of the local economy;
(3) 
To support and protect farming by stabilizing the agricultural land base;
(4) 
To maintain a viable agricultural base to support agricultural processing and service industries;
(5) 
To encourage the voluntary transfer of development rights from farms within the AP-O District to suitable nonfarm receiving areas of the Town as identified in § 164-47.4;
(6) 
To separate agricultural land uses and activities from incompatible residential, commercial, industrial development, and public facility development;
(7) 
To prevent fragmentation of the Town's existing farming community by nonfarm development; and
(8) 
To reserve the Town's most productive soils for agriculture.
[1]
Editor's Note: The Comprehensive Plan is on file in the office of the Town Clerk.
B. 
Applicability.
(1) 
The AP-O District qualifying area is hereby established as an overlay district as shown on the Town of Warwick Agricultural Protection Overlay District Qualifying Area Map, and containing a critical mass of lands meeting the following criteria:
(a) 
Contiguous land in single ownership as of the effective date of this chapter on which at least 50% of the surficial soils are classified as prime farmland soils (Class 1 and 2), soils of statewide significance (Class 3 and 4) or black dirt soils as established by criteria of the Natural Resources Conservation Service, United States Department of Agriculture (hereinafter "agricultural soils"); or
(b) 
Parcels of land included in Agricultural District 2 established pursuant to the New York State Agriculture and Markets Law, Article 25-AA, §§ 303 and 304, both as of the effective date of this chapter and as may thereafter be added to the District; or
(c) 
Parcels of land receiving farm tax assessment as of the effective date of this chapter and as may thereafter receive such assessment; or
(d) 
Parcels of land that are part of an operating farm as of the effective date of this chapter and as verified through submission annually to the Town of Warwick Building Department, a copy of Federal Form 1040, Schedule F (Profit or Loss from Farming) demonstrating a minimum of $10,000 in annual farm income; and
[Amended 4-14-2022 by L.L. No. 3-2022]
(e) 
Other parcels of land, which because of their location within or adjacent to lands described in Subsection B(1)(a), (b), (c) and/or (d) above and their undeveloped nature, large size or siting amidst farmlands are necessary to include in the AP-O District to prevent the proliferation of conflicting adjacent uses that could jeopardize the future survival of farming within the District.
(2) 
The Town Board hereby adopts the map entitled "Town of Warwick Agriculture Protection Overlay District Qualifying Area Map", reflecting lands included within the AP-O District as described in Subsection B(1) above. Said map shall be the basis for administration of the regulations contained in this District.
(3) 
Any landowner whose land has not been mapped on the Town of Warwick Agriculture Protection Overlay District Qualifying Area Map may request to be covered by the regulations of this District. If the Town Board finds that such land satisfies the criteria for AP-O designation in § 164-47.3B(1) above, it may amend the AP-O Map to include such land.
(4) 
Should any provisions of the AP-O District differ with any other provisions of this chapter, the provisions of the AP-O District shall control.
(5) 
Landowners who are within the AP-O Qualifying Area may voluntarily choose to participate in the provisions of this overlay district and thereby afford themselves of its benefits as discussed below. The benefits of the AP-O District shall not apply until a landowner files a statement with the Town Clerk and the Town Board approves the requested inclusion within the AP-O District. To participate, landowners shall file a statement with the Town Clerk, on forms available from the Clerk's Office, advising the Town Board that they wish to participate. Such statement shall include submission of a copy of Federal Form 1040, Schedule F (Profit or Loss from Farming) showing the annual farm income for the prior year. In reviewing annual farm income for the prior year, the Town Board shall review each request on a case-by-case basis, taking into account the specific facts including whether the land involved is located within a State-certified agricultural district, if the activity constitutes a "farm operation" as defined herein, and evaluates such factors as the acreage in production; capital investment; gross sales of crops, livestock and livestock products; the type of enterprise and the number of years in operation. The Town Clerk shall certify a landowner's statement and shall refer the statement to the Town Board within 14 days. Upon approval from the Town Board, the Board shall then amend the AP-O District Qualifying Area Map to indicate participation by the subject landowner.
[Amended 9-11-2003 by L.L. No. 4-2003; 4-14-2022 by L.L. No. 3-2022]
C. 
Special benefits. In addition to the permitted uses and special uses allowed in the underlying zoning districts, there are a number of benefits available to farmers who participate in the AP-O District's provisions. These include the following:
(1) 
A transfer of development rights/purchase of development rights density bonus that affords a lot yield based on the minimum acreage requirements established in the 1989 Zoning Law of the Town of Warwick. This density bonus is illustrated in the following table:
Zoning District
2001 Zoning Law Minimum Lot Size
(acres)
1989 Zoning Law Minimum Lot Size
(acres)
SL (old SR-.7)
3
11/2
RU (old RR-.5)
4
2
MT (old MR-.3)
5
3
CO (old CR-.25)
6
4
(2) 
Qualified participation in the Town of Warwick Open Space Leasing Program;
(3) 
Farm market development as an accessory use involving less than 4,000 square feet of gross floor area. Farm markets with more than 4,000 square feet of gross floor area shall require a special use permit in accordance with § 164-46. To qualify for farm market development, a minimum of 25% of the products sold in the farm market shall be grown on the farm and sold in the farm market. The owner or operator of the farm market shall submit an annual report to the Town Building Department demonstrating that 25% or more of the products sold in the farm market were grown on the farm;
[Amended 4-14-2022 by L.L. No. 3-2022]
(4) 
Subdivision of one additional residential lot under the 1989 Zoning Law is permissible in accordance with § 164-45.1D.
[Added 1-24-2002 by L.L. No. 2-2002; amended 2-18-2010 by L.L. No. 1-2010]
D. 
Siting guidelines for residential development. Residential subdivision within the AP-O District shall conform to the additional standards set forth in Subsection D(2)(a) and (b) below for all new residential development on parcels that have been certified for participation in the AP-O District.
(1) 
Cluster subdivision is encouraged in the AP-O District to allow flexibility while preserving the agricultural viability and rural character of the land. All surficial soils classified as prime farmland soils (Class 1 and 2) or soils of statewide significance (Class 3 and 4) or black dirt soils should be avoided by subdivision development to the greatest extent practical. Other existing features, whose preservation would benefit the Town and the subdivision, should be avoided through sensitive design of the cluster subdivision. Such features include, but are not limited to:
(a) 
Groves of mature trees.
(b) 
Large individual trees.
(c) 
Hedgerows.
(d) 
Woodlands along roadways, property lines, and streams.
(e) 
Scenic vistas.
(f) 
Water features, such as streams, ponds, floodplains, lakes and wetlands.
(g) 
Stone walls.
(h) 
Steep slopes in excess of 15%.
(i) 
Habitats of endangered or threatened species.
(j) 
Visually prominent agricultural landscape features, such as fields, pastures and meadows on knolls and hilltops.
(k) 
Historic structures or sites.
(l) 
Similar irreplaceable assets.
(2) 
Residential structures in the AP-O District should be located according to the following guidelines, which are listed in order of significance (some of which may conflict with each other on a particular site, in which case, the Planning Board may use its discretion to resolve such conflicts):
(a) 
On the least fertile agricultural soils and in a manner which maximizes the usable area remaining for agricultural use;
(b) 
Away from the boundaries of any preserved farm, to reduce conflicting uses in areas where farmers have made long-term commitments to continue to farm;
(c) 
In such a manner that the boundaries between house lots and active farmland are well buffered by vegetation, topography, roads or other barriers to minimize potential conflict between residential and agricultural uses;
(d) 
To avoid disturbance to the existing environmental, cultural and scenic features noted in Subsection D(1) above;
(e) 
To be as visually inconspicuous as practical when seen from state, county and local roads, and particularly from designated scenic routes;
(f) 
Next to other residences or building lots on adjacent properties;
(g) 
To minimize the perimeter of the built area by encouraging compact development and discouraging strip development along roads;
(h) 
On suitable soils for subsurface sewage disposal (where applicable);
(i) 
Within woodlands, or along the far edges of open agricultural fields adjacent to any woodland, to reduce encroachment upon agricultural soils, provide shade in summer and shelter in winter, and to enable new residential development to be visually absorbed by the natural landscape;
[Amended 1-24-2002 by L.L. No. 2-2002]
(j) 
In locations where the greatest number of dwelling units could be designed to take advantage of solar heating and solar electric opportunities; and
[Amended 1-24-2002 by L.L. No. 2-2002]
(k) 
Any other mitigation measure imposed under SEQR.
E. 
Seasonal agricultural special event permits. Agricultural properties located within the AP-O District qualifying area and which have not been designated by the Town Board to receive the special benefits of the AP-O District, as provided in §§ 164-47.3B and 47.3C, may apply to the Town of Warwick Building Department for a seasonal agricultural special event permit to conduct agricultural special event activities on the farm. The seasonal agricultural special event permit allows on-site agricultural special event opportunities, such as farm-cation experiences and farm stays, subject to the following:
[Added 2-14-2019 by L.L. No. 1-2019]
(1) 
Seasonal agricultural special event permits may be granted by the Building Department for the period of May 1 to November 1 and are renewable. Annual renewal shall be subject to the limitations stated herein and require preparation of an inspection compliance report by the Building Department prior to renewal.
(2) 
Proof of liability insurance of $1,000,000 minimum shall be provided prior to issuance of the seasonal agricultural special event permit or to its renewal.
(3) 
Proof of adequate sanitary facilities and potable water supplies shall be provided prior to issuance of the seasonal agricultural special event permit or to its renewal. The maximum number of accommodations on the farm, such as sleeping rooms, tent sites, or other temporary occupancy shall be no more than four and shall be specified on the seasonal agricultural special event permit.
(4) 
The farm property shall consist of 10 contiguous acres or more.
(5) 
On-farm festivals, such as weddings and similar occasions, are limited to a maximum of 10 days per calendar year. All festivals, including dates and number of attendees shall be filed with the Town Building Department quarterly by January 1, April 1, July 1, and October 1.
(6) 
A 200-foot setback to adjoining properties shall be required for on-farm structures used for festivals, for all on-farm festival activities including temporary structures such as tents, and for all other agricultural special event uses such as trails and recreational facilities.
(7) 
Permittees are subject to Chapter 100A of the Town of Warwick Code entitled "Noise." Amplified sound-producing devices, if any, shall meet the performance standards established in § 164-48C(3) of the Zoning Law. Only unidirectional speakers are permitted for amplified sound-producing devices. In the event of a conflict between Chapter 100A and § 164-48C(3) of the Zoning Law, the most restrictive requirement shall apply.
(8) 
Seasonal agricultural special event permits may be subject to additional reasonable special conditions imposed by the Building Department, based upon unique circumstances or characteristics related to the farm property.
(9) 
Seasonal agricultural special event permits may be revoked by the Building Department for any violation of the seasonal agricultural special event permit requirements.
A. 
Purpose and intent. The purpose and intent of this section, consistent with § 261-a of New York State Town Law and the Town of Warwick Comprehensive Plan,[1] is to enable the voluntary transfer of development potential from one parcel to another. The transfer of development rights (TDR) makes it possible to limit development in one area (called the "sending district") where there is an important resource, such as active farmland or significant open space, and transfer those development rights to another area (called the "receiving district") where there are little or no impediments to higher density, such as areas adjacent to the Town's three village centers, where public water and sewer are available or planned, or in the Town's five hamlets, where central services are available or have the potential to become available. The density is transferred from a sending parcel to a receiving parcel. By creating receiving parcels as markets for the sale of unused development rights in the sending parcels, Warwick's TDR program encourages the maintenance of agriculture, low-density land use, open space, historic features, critical environmental areas, and other sensitive features of the designated sending parcels. When the owner of a sending parcel sells development rights to the owner of a receiving parcel, the purchaser increases the development rights beyond otherwise permissible limits. In this manner, the Town of Warwick can protect resources of critical importance to its citizens while providing a mechanism to compensate sending area landowners for any diminution in land development potential. The Town of Warwick's TDR program is consistent with the purposes of this chapter and Comprehensive Plan to further the conservation and preservation of agriculture as an important industry; natural and undeveloped areas, wildlife, flora and habitats for endangered species; protection of groundwater, surface water quality, as well as other natural resources; balanced economic growth; the provision of adequate capital facilities, including transportation, water supply, and sanitary waste disposal facilities; the coordination of the provision of adequate capital facilities with the achievement of other goals; the development of an adequate supply of affordable housing; and the preservation of historical, cultural, archaeological, architectural and recreational values.
[1]
Editor's Note: The Comprehensive Plan is on file in the office of the Town Clerk.
B. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
DEVELOPMENT RIGHTS
The rights allocated to a lot, parcel or area of land under this chapter respecting permissible density allowed thereon. The rights to develop are expressed as the maximum number of dwelling units per acre for residential parcels that could be permitted on a designated sending parcel under Warwick's applicable Zoning Law and Chapter 137, Subdivision of Land, in effect on the date of the transfer of development rights. Determination of the maximum number of development rights available for transfer shall be made by the Planning Board as described in § 164-47.4E(2).
RECEIVING DISTRICT
One or more designated districts to which development rights generated from one or more sending districts may be transferred and in which increased development is permitted to occur by reason of such transfer.
RECEIVING PARCEL(S)
Parcel(s) of land within a receiving district to which development rights may be transferred.
SENDING DISTRICT
A designated overlay zoning district in which development rights are designated for use in one or more receiving districts.
SENDING PARCEL(S)
Parcel(s) of land within a sending district from which development rights may be transferred.
TRANSFER OF DEVELOPMENT RIGHTS (TDR)
The process by which development rights are transferred from one lot, parcel, or area of land in any sending district to another lot, parcel, or area of land in one or more receiving districts.
C. 
Development rights bank. The Town of Warwick hereby establishes a development rights bank, to be known as the "TDR Bank," in which development rights may be retained and sold in the best interests of the Town. The Town is authorized to accept for deposit within the bank gifts, donations, bequests or other development rights. All receipts and proceeds from sales of development rights sold by the Town shall be deposited in a special municipal account to be applied against expenditures necessitated by the Town's development rights program. Development rights shall be transferred reflecting the normal market in land, including sales between owners of property in sending and receiving districts.
D. 
Restrictions on development in sending districts.
(1) 
Land owners who desire to protect sensitive environmental areas may voluntarily sell development rights from sending parcels and enter into permanent development restrictions on those parcels. If located within a sending district, a landowner may either:
(a) 
Existing density controls. Develop the parcel(s) in compliance with existing density limitations imposed by the zoning regulations as well as those that may be imposed as a condition of a special use permit; or
(b) 
Permanent development restrictions. Permanently restrict the development rights of the land area equivalent to the percentage of the rights transferred.
(2) 
Upon receipt of a special permit for development within a sending district, where such special use permit is conditional upon the voluntary, permanent restriction of development rights set forth in § 164-47.4I, the land owner may sell or otherwise transfer those development rights affected by such restrictions to a receiving district according to the guidelines of § 164-47.4E.
E. 
Guidelines for transfer of development rights.
(1) 
Schedule of development rights. Subject to approval by the Planning Board, development rights from sending parcel(s) may be transferred to receiving parcel(s) proposed by the applicant and identified by the Town Tax Map and approved by the Planning Board.
(2) 
Determination of development rights to be transferred. To establish the development rights available for transfer, the Planning Board shall require the applicant for residentially zoned land to determine density based on the formula that follows. As an alternative, landowners may prepare a yield subdivision plan meeting the requirements of this chapter and Chapter 137, Subdivision of Land.
[Amended 1-24-2002 by L.L. No. 2-2002; 9-11-2003 by L.L. No. 4-2003]
(a) 
The total number of permitted units will be determined by the following formula:
Net Area/TDR Bulk Requirements = Total Number of Units Permitted
(b) 
Net area calculation:
[1] 
Calculate the gross soil group area (GSA) in acres for each soil group (Groups I-XV).
[2] 
Subtract 100% of land encumbered by the one-hundred-year floodplain (FP) as determined by FEMA maps from each soil group.
[3] 
Subtract 100% of permanent easements (E) that restrict buildability from each soil group.
[4] 
Reduce each soil group area by 5% to adjust for land necessary for rights-of-way (ROW).
[5] 
Multiply each remaining soil group area by the environmental control factor (ECF) found in § 164-41.3, Table ECF.
[6] 
Sum the environmental acreage products. This is the net area.
Net Area = ? [(GSA - FP - E - ROW) x ECF] where:
GSA = Gross soil group area in acres.
FP = 100% of land encumbered by the one-hundred-year floodplain as determined by FEMA maps.
E = 100% of permanent easements that restrict buildability.
ROW = 5% of the (GSA - FP - E).
ECF = Environmental control factor.
F. 
Districts.
(1) 
Sending districts. Sending districts include the Agricultural Protection Overlay District.
(2) 
Receiving districts. Receiving districts consist of the Town of Warwick's SL, SM, and LB Districts, as shown on the Zoning Map, and defined as future settlement areas in the Town of Warwick Comprehensive Plan[2] and/or this chapter. Development of receiving parcels shall comply with the TN-O District requirements in § 164-47.
[2]
Editor's Note: The Comprehensive Plan is on file in the office of the Town Clerk.
G. 
Special use permit review. The Planning Board shall be designated for special use permit review and approval under this section. In reviewing a proposed development under this section, the Planning Board shall apply this criterion to applications for a special permit under § 164-46 in addition to other relevant special use permit conditions provided for in this chapter.
(1) 
The Planning Board shall require, as a condition for special use permit approval under this section, where the land owner opts to permanently restrict development, that the record owner of sending parcel(s) in the sending district record at the Orange County Clerk's Office a conservation easement running in favor of the Town or such other legal instrument acceptable to the Town Attorney as identified herein.
H. 
Intergovernmental transfer of development rights.
(1) 
Required Town action. The Town Board may, by local law and consistent with § 284 of New York State Town Law and § 7-741 of New York State Village Law, approve a joint program for TDR including transfers from sending parcel(s) in the Town of Warwick to receiving parcel(s) in the villages within the Town. Such local law shall designate which portions of the villages will be designated as receiving districts for TDR originating from outside the respective municipality's corporate boundaries. A village may designate receiving districts for intermunicipal transfers that are the same as, or different from, those designated for intratown transfers.
(2) 
Satisfaction of transfers of development rights. If authorized by the recipient village(s), the TDR authorized by § 164-47.4 may be satisfied by the restriction and transfer of development rights in more than one municipality.
(3) 
Recipient approval. Intermunicipal TDRs require approval from the village with receiving parcel(s). The village receiving TDRs shall notify the Town from which the development rights are being transferred of the date of the public hearing required by New York State Village Law, in a manner and time coincident with notification of parties in interest to the public hearing.
I. 
Title recording, tax assessment and restriction of development rights.
(1) 
All instruments implementing the transfer of development rights shall be recorded in the manner of a deed in the Office of the Town Clerk and the Office of the Orange County Clerk for both sending and receiving parcels. The instrument evidencing such TDRs shall specify the section, lot, and block number of the sending parcel(s) and the section, lot and block number of the receiving parcel(s).
(2) 
The Office of the Orange County Clerk shall transmit to the applicable municipal assessor(s) for both the sending parcel(s) and receiving parcel(s) all pertinent information required by such assessor to value, assess and tax the respective parcels at their fair market value as enhanced or diminished by the TDRs.
(3) 
The record owner of the sending parcel(s) shall, as a condition of a special permit authorizing TDRs, record at the Office of the Orange County Clerk a conservation easement as defined by Article 49 of the New York State Environmental Conservation Law, running in favor of the Town prohibiting, or such other legal instrument as approved by the Town Attorney in accordance with § 164-41.1, in perpetuity, the construction, placement or expansion of any new or existing structure or other development on said sending parcel(s). Evidence of said recording shall be transmitted to the Planning Board of the Town, indicating the date of recording and liber and page number at which the recording can be located. The grant of the special use permit to transfer development rights shall be conditioned upon such restriction, and no special permit for a transfer of development rights shall be effective until the restriction noted above has been recorded at the Office of the Orange County Clerk.
A. 
Purposes. The Town Board of the Town of Warwick recognizes that disputes between developers, home owners, and other interested parties may occur in connection with decisions made by the Town of Warwick. Often these disputes result in litigation that is contentious, costly, and time consuming for all concerned. In an effort to provide an alternative to litigation for resolving such disputes, the Town of Warwick encourages the use of voluntary mediation as set forth herein. Nothing herein shall be construed to abridge the powers of decisionmaking authority of the Town Board or any other board, office, committee, or official to which the Town Board has delegated the responsibility for issuing permits, granting approvals, or otherwise advising the Town Board.
B. 
Costs. All costs associated with voluntary mediation conducted pursuant to this section shall be allocated among the parties of interest in a manner to be determined by the parties of interest by agreement. The Town Board is hereby authorized to enter into agreements for sharing the costs of mediation.
C. 
Procedures. Mediation shall supplement, not replace, planning and zoning practices (including public hearings) otherwise applicable in the Town of Warwick. The use of mediation shall be voluntary and shall be available in any dispute in which two or more parties of interest agree to voluntary mediation. Any party of interest whose request(s) for permit(s) or approval(s) from the Town of Warwick are the subject of voluntary mediation under this chapter may seek consent from the Town Board for the suspension of time limits found in New York State Town Law or the local law of the Town of Warwick, relevant to such permit(s) or approval(s). The Town Board's decision to consent to the suspension of time limits is entirely within the discretion of the Town Board. The Town Board's consent, if given, shall be conditioned, at a minimum, on the following:
(1) 
Public notice of the proposed voluntary mediation shall be given in the official newspaper, by one or more parties of interest, at least 10 days and not more than 60 days prior to the granting of such consent by the Town Board. An affidavit of service of public notice shall be filed with the Town Clerk. Such notice shall include at a minimum, the basis of the dispute and the permit(s) and/or approval(s) being sought; the name of the interested party seeking the permit(s) and/or approval(s); and directions for contacting someone who will be responsible for providing information regarding the mediation and the procedure for joining the mediation.
(2) 
The suspension of time limits shall not exceed 60 days. Upon expiration of the 60 days, the party of interest originally requesting the suspension of time limits may request an additional suspension period, not to exceed 60 days. There is no limit to the number of additional suspension periods to which the Town Board may consent. The Town Board may receive evidence at a public hearing from any interested party with regard to the progress of the mediation to determine whether the consent to an extension of the suspension of time limits would be appropriate. Public notice of the hearing shall be published at least 10 days prior to the hearing in the official newspaper.
(3) 
Nothing in this section shall be construed to limit the Town Board's authority to impose additional or more restrictive conditions upon its consent to the suspension of time limits.
D. 
Confidentiality. Unless otherwise required by law, the parties of interest may agree that the proceedings of the mediation shall remain confidential.
E. 
Accepted practices. Any mediation undertaken pursuant to the provisions of this chapter shall be conducted in accordance with accepted mediation practices including, but not limited to, those developed by the New York State Dispute Resolution Association, Inc. for use by community dispute centers established pursuant to Article 21-A of the Judiciary Law or by any other qualified and impartial person acceptable to the parties and the applicable review board.
F. 
Effect of agreement. The mediator shall have no power to impose a settlement or bind the Town of Warwick to the terms or conditions of any agreement resulting from voluntary mediation conducted pursuant to this chapter, and any settlement reached shall require approval by the applicable review board to assure compliance with all provisions of this chapter. Terms or conditions of such an agreement may be presented at a public hearing on the requested permit(s) and/or approval(s) or appeal of their denial. The Town Board, Zoning Board of Appeals, Planning Board, or other reviewing authority may refuse to consider such terms or conditions presented if the parties of interest fail to provide justification for them on the record.
A. 
Intent. The Town Board of the Town of Warwick, consistent with § 261-b of New York State Town Law and the Town of Warwick Comprehensive Plan,[1] has determined that it is appropriate to make adjustments to permissible density and area requirements for the specific purpose of preserving open space at a minimum cost to the residents and taxpayers of the Town. To achieve this intent, an application for an open space preservation project shall address the following objectives:
(1) 
The preservation and enhancement of natural and cultural features of a site.
(2) 
The accommodation of land uses and physical site arrangements which are not contemplated under conventional zoning but which would further the land use conservation and development goals of the Town.
(3) 
The creation of usable open space and recreation lands.
(4) 
The preservation of scenic viewsheds, scenic roads, greenway corridors, water resources, forests, meadows, geologic features, environmentally sensitive areas, significant plant and animal habitats, biodiversity, and important ecological resources.
(5) 
The provision of a more desirable environment than what would be possible through the strict application of existing zoning regulations.
(6) 
The promotion of the general health, safety, and welfare of the Town.
[1]
Editor's Note: The Comprehensive Plan is on file in the office of the Town Clerk.
B. 
Open Space Preservation District. Where open space preservation is deemed appropriate, through the rezoning of land to an Open Space Preservation District by the Town Board, the use and dimensional specifications elsewhere in the Zoning regulations are herein replaced by an approval process in which an approved open space preservation plan becomes the basis for continuing land use controls.
C. 
Definitions. For the purpose of this article, the terms used are defined as follows:
COMMUNITY BENEFITS OR AMENITIES
Open space which has physical, social or cultural benefit to the residents of the community.
INCENTIVES
Adjustments to the permissible density and other area requirements and open spaces of this chapter of the Town of Warwick and any amendments thereto in exchange for a specific community benefit or amenity that provides for the significant preservation of open space in a manner not otherwise allowed by this chapter; these adjustments may incorporate two or more noncontiguous parcels of land.
OPEN SPACE PRESERVATION ZONING
The system by which specific incentives are granted to applicants pursuant to this section on condition that specific physical, social or cultural benefits or amenities inure to the community.
D. 
Application procedure.
(1) 
An application in the form of a letter of intent and two concept plans, one showing conventional development of the tract(s) and one showing the proposed open space preservation development, should be submitted to the Town Board. Not fewer than 15 copies shall be provided for distribution and review. The Town Board, upon receipt of an application, and as part of its review, shall refer the application to the Planning Board and to the Conservation Board for their review and recommendations.
(2) 
The Planning Board's report and recommendations to the Town Board should consider the following:
(a) 
The suitability of the tract(s) for the general type of open space preservation proposed, the physical characteristics of the land and the relation of the proposed development to surrounding existing and probable future development.
(b) 
The adequacy of major roads, utilities and other facilities and services to serve the development.
(c) 
That the proposal is conceptually sound, is consistent with the Town of Warwick Comprehensive Plan, meets local and area-wide needs, and conforms to the Town of Warwick Design Standards.[2]
[2]
Editor's Note: The Design Standards are on file in the office of the Town Clerk.
(3) 
The Conservation Board's report and recommendations should consider all pertinent environmental issues.
(4) 
When required by § 239 of the General Municipal Law, the application shall be copied to the Orange County Planning Department for its review. The Town Board and/or Planning Board may also refer the application to the Town Engineer and Town Planner as well as other local and county officials, representatives of federal and state agencies and consultants as deemed appropriate.
(5) 
The application shall explain and show the following information:
(a) 
Location and extent of all proposed land uses, including development areas and open spaces, with areas shown in acres.
(b) 
All interior streets, roads, access easements and their planned private or public ownership, as well as all points of access and egress from existing public rights-of-way.
(c) 
An area map showing adjacent parcels; that portion of the applicant's property under consideration; all properties, zoning districts, subdivisions, streets, access easements, watercourses and other significant natural and built features within 300 feet of the applicant's property, and all uses of abutting lands.
(d) 
Area water, sanitary and storm sewer systems with proposed points of connection and their impact on existing systems.
(e) 
A description of the manner in which any common areas that are not to become publicly owned are to be maintained, including open space, streets, lighting and other considerations relevant to the proposal.
(f) 
A narrative description of any covenants, grants of easement or other restrictions proposed to be imposed upon the use of the land, buildings or structures, including proposed easements for public utilities.
(g) 
A written statement by the applicant setting forth the reasons why, in his or her opinion. the proposal would be in the public interest and would be consistent with the Town's goals and objectives, as expressed in its Comprehensive Plan.[3]
[3]
Editor's Note: The Comprehensive Plan is on file in the office of the Town Clerk.
(h) 
A generic environmental impact statement pursuant to the provisions of 6 NYCRR 617.15 (to be paid for by the applicant) which addresses at least the following
[1] 
The impact on community resources, including roads, traffic, sewers, water supply, public utilities, schools, emergency services, waste disposal and fire protection.
[2] 
The impact on the natural environment, stormwater management (including quantity and quality), groundwater, streams, wetlands, significant filling and grading and aesthetics.
(6) 
The Town Board shall then hold a public hearing to consider the application for open space preservation.
(a) 
The Town Board may grant incentive zoning for open space preservation only after finding that the open space has community value and that the development area has adequate resources and public facilities, including transportation, water supply, waste disposal and fire protection, to accommodate the density being proposed. The Town Board must also determine that there will be no significant environmentally damaging consequences and that the development area incentives or bonuses are compatible.
[Amended 9-11-2003 by L.L. No. 4-2003]
(b) 
If the Town Board grants incentive zoning for open space preservation, the Zoning Map shall be so revised. The Town Board may, if it feels it necessary, in order to fully protect the public health, safety and welfare of the community, attach to its zoning resolution any additional conditions or requirements for the applicant to meet. If the applicant refuses to accept the conditions outlined, the Town Board shall be deemed to have denied approval. The Town Board shall also determine in each case the appropriate density and area requirements for the individual projects and shall consider any recommendation on the same from the Planning Board. Factors to be considered in determining density will also include consistency with the Town Comprehensive Plan including the provision of affordable housing. The determination of land use density shall be documented, including all facts, opinions and judgments justifying the proposed project.
[Amended 9-11-2003 by L.L. No. 4-2003]
(c) 
Public hearings shall be held on any application submitted pursuant to this article, and public notice shall thereby be given thereof by the publication in the official newspaper of such hearing at least five days prior to the date thereof.
(7) 
Once Town Board approval is given for incentive zoning for open space preservation, the applicant shall submit his or her application to the Planning Board for preliminary and final subdivision and/or site plan approval pursuant to this chapter and Chapter 137, Subdivision of Land, of the Warwick Town Code.
(8) 
Required modifications during subdivision approval. If, in the subdivision or site plan review process, it becomes apparent that certain elements of the application, as it has been approved by the Town Board, are not feasible and in need of modification, the applicant shall present a proposed solution. The Town Board shall then determine whether or not the modified plan is still in keeping with the intent of the zoning resolution.
A. 
Purpose and intent. The Town of Warwick may acquire Conservation Easements over real property in accordance with § 247 of the General Municipal Law and Article 49, Title 3 of the Environmental Conservation Law. This section establishes guidelines and criteria for the evaluation of such easements in order to clearly establish the public benefit associated with any offer to donate or sell such easements. The proposed easement shall have a definite public purpose, which benefits the Town and the community as a whole.
B. 
Term of easement. Any conservation easement offered to the Town shall be perpetual.
C. 
Evaluation. The proposed easement should be further evaluated according to the following criteria:
(1) 
The proposed easement shall conserve, preserve and protect one or more of the following:
(a) 
An area which is significant because of its value as agricultural or forest land.
(b) 
An area which is significant because of its unique scenic or natural beauty.
(c) 
An area which is significant because of its value as a watercourse, water body, freshwater wetland or aquifer recharge area.
(d) 
An area which is significant because of its unique geological or ecological character.
(e) 
An area which is significant because of its historical, archaeological, architectural or cultural amenities.
(f) 
An area which is significant because of its value as a community recreational area, greenway corridor, or its relationship to an adjacent recreational area.
(g) 
An area which is significant because of its value as a wildlife habitat or its relationship to an adjacent wildlife preserve or wildlife corridor.
(h) 
An area which is significant because of its intrinsic value as open space necessary to preserve scenic vistas or otherwise enhance community character and attractiveness.
(i) 
An area which is significant because of its intrinsic value as open space in determining future land use development patterns within the Town.
(2) 
Although conservation easements are not required to confer public use of the property, in certain cases, public use may be considered a factor in determining the significance of an area.
D. 
Enforcement. Responsibility for enforcement shall reside with the Town. The easement should contain the necessary terms and restrictions to ensure that the original character of the area is maintained and to provide sufficient detail that the Town can effectively enforce all the terms and conditions of the easement. It shall be clearly stated that the owner of the property is responsible for the maintenance of the area.
E. 
Additional structures. The fundamental purpose of the conservation easement is to conserve, preserve and protect open space. In the case of the reserved open space, limited structures or other improvements may be permitted to be constructed on the property under terms of the easement. Any structures or other improvements permitted under the easement must be strictly limited, must not encroach on the character of the area, and shall be fully defined in a manner satisfactory to the Town and consistent with zoning and other regulations prior to Town Board acceptance of the easement donation.
F. 
Donor donations. The Town Board may request an initial donation for costs relating to acceptance and ongoing monitoring of the conservation easement.
G. 
Review by other agencies. The Town is responsible for annual review of each conservation easement to verify the continued integrity of the easement. The Town Board may request advisory opinions from the Town Conservation Board, the Town Planning Board and the Town Recreation Commission, and other appropriate agencies prior to acquisition of such an easement.
H. 
Public hearing. In accordance with law, the Town Board is required to hold a public hearing on the proposed acquisition prior to any action.
I. 
Recording. The approved conservation easement shall be recorded with the Town Clerk, Town Tax Assessor, and the Orange County Clerk.
[Added 9-11-2003 by L.L. No. 4-2003]
A. 
Purposes.
(1) 
Agricultural Advancement Districts (AAD) are intended to advance the business of farming in the Town of Warwick. Agriculture is an eighty-million-dollar industry that maintains over 15,000 acres of Warwick as open space. Its importance to the economic base and as a creator of working landscapes that provide the Town with much of its rural, rustic character and charm has been recognized in several programs and zoning provisions. The Town Board also finds that regulatory protection of farmland must be accompanied by economic encouragement if farmland preservation is to achieve its intended goals. Regulations cannot be allowed to reduce farm owners' equity if the economic vitality of the industry is to be maintained.
(2) 
Preserving farm owners' equity can be accomplished using a number of techniques, including public purchase of development rights (PDR) and transfer of density rights (TDR). The Town offers some programs of this nature but is not equipped to enter the real estate marketplace and compete with others for land. It needs to be in a position to match private offers and return equity to farmers based on the market if farmland protection programs are to work effectively.
(3) 
It is the intent of these regulations to provide a system of zoning and other incentives that provide substantial community benefits or amenities in accordance with § 261-b of the Town Law of the State of New York and § 247 of the General Municipal Law of the State of New York.
(4) 
Under AAD Agricultural Advancement District rezoning, the farm owner and the Town will enter into an agreement that provides the Town with a right of first refusal to purchase the property outright or to purchase development rights for a minimum of 10 years. This right of first refusal shall provide the Town with the option to acquire the property on matching terms in any case where a sale for nonfarm use is proposed. During this period while the agreement remains in effect, the landowner will be granted specific density rights. While the agreement remains in place, the Town and the landowner can explore a number of preservation options, including purchase of development rights, transfer of development rights, fee simple acquisition and conservation subdivision. The agreement will further provide for a mandatory Town offer to purchase developments rights or fee title, based on the density rights granted under the agreement, prior to the expiration of the agreement.
B. 
Requirements and incentives.
(1) 
Eligibility for inclusion in an AAD Agricultural Advancement District shall be limited to the following:
(a) 
Parcels of 10 acres minimum lot area, located within existing Conservation (CO), Mountain (MT), Rural (RU) and Suburban Districts (SL). A parcel may, for purposes of AAD eligibility, consist of a lot designated as a single tax number, or of two or more contiguous lots with separate Tax Map numbers.
(b) 
Parcels used for agricultural production, as defined in § 301 of the Agriculture and Markets Law.
(c) 
Parcels on which the owner has, under an agreement with the Town, granted a right of first refusal to the Town of Warwick to purchase the property outright or to purchase development rights for a minimum of 10 years. This right of first refusal shall provide the Town with the option to acquire the property on matching terms in any case where a sale for use other than bona fide agricultural production, as defined in § 301 of the New York State Agriculture and Markets Law, is proposed. Such right-of-first-refusal agreement shall be recorded with the Orange County Clerk's office. During this period while the agreement remains in effect, the landowner will be granted density rights as provided below. The agreement shall further provide for a mandatory Town offer to purchase developments rights or fee title, based on the density rights granted under the agreement, prior to the expiration of the agreement.
(2) 
Early termination. A landowner may petition the Town Board for termination of the right of first refusal agreement and rezoning of the property during the initial ten-year period after the AAD Agricultural Advancement District is granted, but not until after the AAD Agricultural Advancement District has been in effect for five years. The Town Board may, in its discretion, grant such a petition after a public hearing upon a finding of undue hardship or extraordinary circumstances, including but not limited to death, illness or catastrophic economic loss. The property owner may also request development according to the restrictions set forth in the AAD Agricultural Advancement District, the regulations of which shall be enacted by amendment of this chapter simultaneously with approval of the landowner's application. The Town Board may, at its own discretion, grant such a request.
(3) 
Right of first refusal prior to termination. At least 150 days prior to the termination of the right-of-first-refusal agreement, the Town shall make an offer to purchase the development rights or fee title for all or part of the parcel if it has not already done so. The Town shall make an offer on the basis of fair market value of the property in accordance with the zoning regulations defined in the agreement. If an agreement on the price is not reached within 30 days of the offer or the time to negotiate a fair price is not extended by mutual consent by the parties, the landowner may develop the property in accordance with the AAD Agricultural Advancement District zoning regulations. The landowner will then have two years to submit an application to the Planning Board that will be reviewed by the Planning Board according to the AAD Agricultural Advancement District and the zoning regulations defined in the agreement. This two-year limitation can be extended only by a resolution by the Town Board.
(4) 
Solicitation of offer during agreement period. During the first 10 years of the agreement, the landowner may also seek an offer from the Town for purchase of development rights or fee title, subject to the following procedures:
(a) 
Submission of a letter of interest and request for an appraisal to the Town Clerk.
(b) 
Appraisal by the Town based on the density yields defined in the AAD Agricultural Advancement District or the highest and best use of the property.
(c) 
The Town will make an offer within 120 days of receiving the landowner's request.
(d) 
The landowner has the option to accept or refuse the offer without any violation or amendment of the conditions of the AAD Agricultural Advancement District.
(5) 
Negotiation of farmland incentive options. The Town Board shall, while the agreement is in place, negotiate with farmland owners to find the best methods of continuing agricultural use of the land and preserving farm owners' equity. Options that may be employed include, but are not limited to, the following:
(a) 
Purchase of the development rights on all or a part of the property, employing conservation easements provided for in § 164-47.7.
(b) 
Purchase of all or part of the property in fee title for continued agricultural use on a leaseback or resale basis with conservation easements in place.
(c) 
Incentive zoning for open space preservation, as provided in § 164-47.6, where a portion of the property is developed, but the active farmland is placed under a conservation easement.
(d) 
Transfer of development rights, as provided in § 164-47.4, where development rights are transferred to either a TDR bank or a sending district. Also, the Town Board and landowners may, independent of the provisions of § 164-47.4, agree to a private transfer of development rights from AAD farmland parcels to other parcels outside of AAD Districts, in conjunction with development plan approvals. This shall be accomplished by placing a conservation easement on affected farmland and rezoning the development parcel(s) concurrently with creation of the AAD District.
(e) 
Cluster subdivision, as provided in § 164-41.1, where residences are clustered on a portion of a property to preserve farmland or other open spaces on the remainder.
(f) 
Village annexation, as provided in the Town and Village of Warwick Intermunicipal Annexation Policy, where increased density is permitted for traditional neighborhood development in areas appropriate for annexation to the Village, subject to cash payments for agricultural preservation in other areas. Other options shall, within those areas of the Town covered by the Annexation Policy, be designed to complement such Policy.
(6) 
Density yield.
(a) 
In consideration for not developing a parcel for 10 years, the landowner will be guaranteed the density established as of January 24, 2002, for the underlying zoning district in which it is located as of that date and while the AAD Agricultural Advancement District remains in effect. Minimum density yield shall be determined by applying the Environmental Control Formula specified in § 164-41.3 of this chapter.
(b) 
The Town shall, within six months, assist the landowner in hiring an independent consultant to verify yield. Upon further written agreement between the parties, this shall become the guaranteed density for purposes of the agreement. A landowner who does not agree with the verified density yield may submit additional evidence from qualified land development professionals for consideration by the Town Board and the parties may also agree to arbitrate the matter. Should the parties not be able to agree, either party may withdraw from the agreement, which shall then become null and void, causing zoning standards to revert to those then in effect for the underlying zoning district.
(7) 
Economic assistance in advancing agriculture. The Town shall assist landowners of parcels zoned as AAD Agricultural Advancement Districts in obtaining federal, state, county and local grant monies to advance agricultural economic development initiatives. These programs may include, but are not limited to those designed to promote product diversity, marketing or otherwise encourage economic development of agriculture within the Town of Warwick.
[Added 2-18-2010 by L.L. No. 1-2010]
A. 
Purpose. Warwick's quality of life will be enhanced by the wise management of the Town's natural resources, including the diverse habitats and natural systems found within the Town. The Metropolitan Conservation Alliance of the Wildlife Conservation Society, in their publication entitled "Southern Wallkill Biodiversity Plan," provides a valuable tool for identification of such habitats and serves as the basis for the Town of Warwick Biodiversity Conservation Overlay District (BC-O). The habitat management process detailed herein will enable the Town to balance its responsibility to promote the economic well-being of Warwick's residents, while protecting the integrity and value of Warwick's natural areas, including the Town's watersheds and significant biological resources. The habitat management process, that will be employed by the Town to guide its habitat management decisions, will streamline the planning review processes by facilitating the New York State Environmental Quality Reviews (SEQR) as well as proposed subdivisions, site plans, special use permits, variances and other related development approvals by incorporating environmental protection into the design of projects. The habitat management process will also enable applicants to know well in advance what will be required during the Town's development review processes, thus avoiding unnecessary delay and expense during the review process. The habitat management process addresses the following findings:
(1) 
The Town of Warwick contains a diversity of natural resources, which include plants, animals and habitats, and these resources are vulnerable to the adverse impacts often associated with development and construction. The habitat assessment process enables the Town to make better planning decisions, establish consistent standards for development proposals, fulfill regulatory obligations imposed by SEQR, and protect and maintain significant biological resources as development and economic growth occur.
(2) 
Land development may affect the environment in many ways. Direct loss of habitat eliminates some species and affects the population size of others. Habitat fragmentation leads to isolation (and reduced viability) of small populations, reduced population dispersal, increased edge effects which in turn may lead to increased predation, nest parasitism, and decreased breeding success.
(3) 
Habitat loss is often associated with negative impacts to watersheds, which may result in degraded water quality, reduced water supply, increased pollution, erosion and sedimentation, damage to streams and wetlands, poor drainage and flooding.
(4) 
The inclusion of habitat assessments as part of the planning and design review processes facilitates habitat evaluations, preserves water resources, helps maintain natural areas, reduces the impact of invasive species, enhances visual resources and recreational opportunities, supports community values, and protects and enhances property values.
(5) 
Healthy ecosystems comprise the landscapes valued by Town residents. Ecological imbalances resulting from improperly sited development and its adverse impacts can lead to degraded landscapes and a proliferation of invasive or nuisance species.
(6) 
It is ultimately more cost effective for the Town to protect significant natural resources rather than attempt to restore them once they have been damaged or lost. This proactive stance will guide development, not prohibit it, and can greatly influence decisions about how development occurs on a particular site.
B. 
Intent.
(1) 
It is the intent of the habitat assessment process to incorporate, where appropriate, habitat assessments into the decisionmaking of the Planning Board under the State Environmental Quality Review Act (SEQR). A habitat assessment surveys the existing environmental conditions of a site, identifies any areas of ecological sensitivity, determines what the impact of the proposed development will be, and devises mitigation measures to avoid or reduce identified impacts. The "Southern Wallkill Biodiversity Plan," by the Metropolitan Conservation Alliance (MCA Technical Paper Series: No. 8) together with the "Biodiversity Assessment Manual for the Hudson River Estuary Corridor," written by Hudsonia Ltd., and published by the Hudson River Estuary Program of the New York State Department of Environmental Conservation, should be used as a basis for habitat assessments within the Biodiversity Conservation Overlay District. Both documents are available for review and copying in the Town Building Department. Habitat assessment may also be necessary in other areas of the Town, as determined by the Planning Board from its review of the State Environmental Quality Review Act Part 2 Environmental Assessment Form (EAF). Because of its general nature, additional on-site habitat assessment surveys may be necessary. Specific areas of concern that are identified as part of the assessment include but are not limited to the following:
(a) 
Water resources (including aquifers, streams, wetlands, and vernal pools, whether or not they are protected by law).
(b) 
Vegetation.
(c) 
Soils.
(d) 
Elevation, aspect and slope (including rocky outcrops, steep slopes and ridgelines).
(e) 
Species of conservation concern, including wildlife from the list of Species of Greatest Conservation Need developed for New York's Wildlife Action Plan (New York State Department of Environmental Conservation 2006). For plants, use the New York State list of endangered, threatened, rare, and exploitably vulnerable plants or the New York State rare plant status lists (Young 2007).
(f) 
Presence of protected species of plants or animals as defined by the state and/or federal governments.
(2) 
The habitat management process used in the Town of Warwick is based upon methodology detailed in the "Biodiversity Assessment Manual for the Hudson River Estuary Corridor." It may include an analysis of the presence or potential presence of rare and endangered plant and animal species on the property and estimates the impact the development will have on all plants and wildlife found in the area. When completed, any significant habitat areas identified in the habitat assessment, should be included in an existing resources and site analysis plan as a primary conservation area, for the purposes of cluster subdivision design review. If habitats for species of conservation concern are identified, then a survey for such species will be appropriate. In all land use decisions subject to this section, habitat assessment will be a valuable tool for planning land use that is compatible with existing habitats by minimizing impacts to habitats and providing acceptable mitigation measures when impacts cannot be avoided.
C. 
Applicability. Use of the habitat assessment process is mandatory for all major subdivisions with lands within the BC-O District. Use of the habitat assessment process is mandatory for all minor subdivisions, with lands within the BC-O District, that are proposed as conventional subdivisions and for all uses requiring site plan approval with lands within the Biodiversity Conservation Overlay District and that meet or exceed any of the following conservation thresholds:
(1) 
Will result in a physical alteration in excess of 1/4 acre per lot.
(2) 
Will result in the physical alteration of lands within 100 feet of a classified stream, water body, or state- or federal-protected wetland.
(3) 
Will result in alteration of steep slope areas of 25% or greater.
(4) 
Will result in the physical alteration of lands within an area identified by the New York Natural Heritage Program as habitat for a species of conservation concern, defined as species of greatest conservation need developed for New York's Wildlife Action Plan by the New York State Department of Environmental Conservation for animals, and for plants, the New York State list of endangered, threatened, rare, and exploitably vulnerable plants or the New York State rare plant status lists, all available from www.dec.ny.us/animals/279.html.
D. 
Timing. Habitat assessments should be completed as early in the planning process as possible to avoid unnecessary delay in project review. Applicants proposing site development that will potentially impact existing biodiversity areas as identified in the Southern Wallkill Biodiversity Plan will provide to the Planning Board a map depicting any potential intrusions into identified conservation zones, along with a brief narrative detailing the nature of those potential impacts and the method(s) that will be employed to mitigate those impact(s). At the Planning board's discretion, a site-specific habitat assessment may be required of the applicant.
E. 
Site-specific habitat assessments. Should the Planning Board determine that a site-specific habitat assessment is necessary, the following information shall be provided in the manner detailed below:
(1) 
Existing habitats. For purposes of site-specific habitat assessment, habitat assessments shall include two perspectives: the site specific and the context or surrounding landscape. Though decisions are made on a site-by-site basis, some of the ecological information that informs those decisions is on the landscape scale. Many species utilize a complex of habitats within the course of their life cycles; developments that attempt to avoid disturbance of breeding habitat, for example, may unintentionally destroy foraging, roosting or winter habitat. The following information will be provided:
(a) 
Soils and geological information should be obtained from the Orange County Soil Survey, the Southern Wallkill Biodiversity Plan, or the New York State Bedrock Geology Map if not available from on-site surveys.
(b) 
Habitat descriptions include approximate acreage for each habitat type (i.e., terrestrial, aquatic, and wetland), dominant plants, vegetation structure, and connections with adjacent habitat.
(c) 
Approximate acreage for each habitat type that will be impaired or lost as a result of the development project activity.
(d) 
Special habitats, including but not limited to vernal pools, kettle shrub pools, riparian areas, streams, ponds, mature forest, shrubby old fields, will be noted. All wetlands and streams (perennial and intermittent) on site will be evaluated as habitat regardless of regulatory jurisdiction.
(e) 
Habitat assessment includes both on-site and off-site areas. If access to off-site areas cannot be obtained from landowners, those off-site areas can be assessed by referring to the biodiversity map, by analysis of other maps or aerial photos, or by viewing from nearby areas, such as roads or adjacent properties. This is required even if the project site itself is highly disturbed. This will clarify development impacts on the larger landscape of the Town and facilitate siting of conservation easements.
(f) 
General assessment of habitat quality or condition must be included. Quality measures, depending on habitat type, may include the following:
[1] 
Extent (e.g., forests or meadows);
[2] 
Connectivity with other habitats or corridors;
[3] 
Age or size of trees;
[4] 
Abundance of downwood, standing snags, rocks, organic debris, woody hummocks, and other microhabitat features;
[5] 
Level of human disturbance (e.g., from logging, all-terrain vehicles, foot traffic, and so on);
[6] 
Abundance of nonnative or invasive species;
[7] 
Diversity of native plant species;
[8] 
Observable quality of surface waters and substrates (for streams).
(g) 
Species of conservation concern. For purposes of habitat assessment, species of conservation concern include those listed below. Many of the species of conservation concern are restricted to specialized habitats with particular physical or biological features. If the appropriate habitat is present on site, it is assumed that species known to use that habitat are present or could be present during the appropriate season(s).
[1] 
Endangered or threatened under the federal Endangered Species Act;[1]
[1]
Editor's Note: See USCS § 1531 et seq.
[2] 
Endangered, threatened, and special concern animal species under the New York State Environmental Conservation Law;
[3] 
S1, S2 or S3 by the New York State Natural Heritage Program;
[4] 
Regionally rare, scarce, declining, or vulnerable identified in the Biodiversity Assessment Manual;
[5] 
Species of Greatest Conservation Need developed for New York's Wildlife Action Plan (New York State Department of Environmental Conservation 2006);
[6] 
New York State list of endangered, threatened, rare, and exploitably vulnerable plants or the New York State rare plant status lists (Young 2007).
(h) 
Evaluation of on-site and nearby habitat. This includes habitat for breeding, nursery habitat, foraging, seasonal movements, nesting, overwintering, and population dispersal as appropriate. The entire site, not just areas of proposed disturbance, must be evaluated. The observed presence of habitat specialist species (e.g., vernal pool amphibians, interior forest birds) may indicate high-quality habitats where development-related impacts should be avoided, minimized or mitigated. The presence of species that are associated with disturbed habitat, along with the absence of habitat specialists, indicate lower-quality habitat that may be more suitable for development. Criteria for evaluating these natural resources (both species and habitat) includes but is not limited to:
[1] 
Rarity.
[2] 
Diversity.
[3] 
Size (critical habitat areas).
[4] 
Naturalness (level of human disturbance).
[5] 
Fragility (vulnerability to disturbance).
[6] 
Representativeness (high-quality habitat for a variety of species).
[7] 
Importance to wildlife.
[8] 
Local importance (e.g., only site in the Town with certain undisturbed habitat features).
[9] 
Connectivity (to adjacent habitats and wildlife corridors).
[10] 
Habitat fragmentation, both on site and within the landscape context.
(2) 
Field surveys. Habitat assessment includes the identification of the need for any species-specific field surveys to determine the significance of project impacts, as determined by the Planning Board. Habitat assessments are recommended prior to any surveys for particular species. If suitable habitat is identified, then species surveys may be necessary, especially if the habitat is suitable for threatened, endangered, or special-concern animal species, and endangered, threatened, or rare plant species.
F. 
Site-specific habitat assessment report. The following format for a site-specific habitat assessment report shall be followed:
(1) 
Title page. Name of proposed development project (i.e., subdivision, site plan, special permit, variance or other action), report date and date of all revisions, name and contact information for report preparer.
(2) 
Introduction. A description of the proposed project, location map using the one inch equals 2,000 feet U.S. Geological Survey topographic as a base map.
(3) 
Methods. Sources of information (existing studies, maps), agency inquiries, aerial photographs, field visits. All on-site field observations must be accompanied by the date, time of day, and general temperature and weather conditions, locations, methods of observation, and seasonal considerations. List the scientific names for all species noted in the report.
(4) 
Results. Use of tables to present results for habitat types and species of special concern are preferred (see example below). Any species of conservation concern observed, likely to occur, or potentially occurring on or near the site must be listed in the table.
(a) 
Site overview with descriptions of bedrock geology and soils;
(b) 
Habitat descriptions (see list below);
(c) 
Indicators of habitat quality (e.g., size of trees, degree of disturbance, invasive species, abundance of species or groups, vegetation characteristics, relationships to off-site or adjacent habitats, extent of habitat);
(d) 
Habitat map of the site, including contours, topographic features, and soils;
(e) 
Soils map;
(f) 
Vegetation and wildlife list with specific locations wherever possible.
Example 1: Suggested Habitat Type Table
Table 1: Proposed Woody Field Subdivision - Habitat Types Encountered
Habitat Type
Approximate Size
Approximate Percentage of Total Site Area
Dominant Vegetation
Upland deciduous forest
3 acres
20%
Sugar maple, oaks (red, white, black, chestnut)
Shrubby old field
5 acres
33%
Grey dogwood, orchard grass, goldenrods, bluestem
Intermittent woodland pool
1/4 acre
< 2%
Buttonbush, duckweed, algae
Perennial stream
Average width: 6 feet
Length: 1,000 feet on site
N/A
Submerged vegetation; vegetation on bars or low banks
Example 2: Species of Conservation Concern Table
Table 2: Proposed Woody Field Subdivision: Species of Conservation Concern
Species of Conservation Concern
Habitat(s)*
Quality
Jefferson salamander, marbled salamander, spotted salamander, wood frog
Intermittent woodland pool (1/4 acre)
High
Same
Upland hardwood forest (15 acres)
Moderate (soils in eastern half disturbed by logging about 15 years ago)
Red-shouldered hawk
Upland hardwood forest and floodplain hardwood swamp (total = 30 acres)
Moderate (too small)
Yellow lady's slipper
Upland hardwood forest (15 acres)
Low to moderate (soils in eastern half disturbed by logging about 15 years ago; invasion of garlic-mustard)
*NOTE: Describe habitats on and nearby that appear suitable for the species.
(5) 
Discussion. The report will present a narrative discussion of the results. This includes species of conservation concern that would use the site and when; an overview of biodiversity; ecological impacts of the proposed development in the context of the larger landscape; the needs, if any, for additional field surveys; and the relationship of existing or proposed conservation easements to habitats on site. Conservation easements may be an appropriate form of mitigation by including significant habitats and avoiding small or isolated (disconnected) patches of habitat.
(6) 
Potential impacts of proposed project activities and proposed mitigation measures. This section must include cumulative, primary and secondary impacts as well as stormwater management impacts. Considerations include magnitude, spatial extent, duration, and probability of occurrence. All identified impacts need to be properly incorporated into the project's SEQR review process, regardless of the lead agency. Mitigation measures will be incorporated into the proposed project plans to avoid, reduce or minimize identified impacts to the greatest extent practicable. Use of conservation easements may be considered to protect in perpetuity all identified habitats of concern and is the first step in identifying appropriate mitigation. Additional mitigation measures include but are not limited to those identified in the Biodiversity Assessment Manual.
(7) 
Summary of the report findings and recommendations.
(8) 
References used.
G. 
Quality control/follow-up. A site visit by representatives of the Town Conservation Advisory Board (CAB), Planning Board, and/or Town Planner and Town Engineer will be conducted after the habitat assessment is complete. Mitigation measures for impacts on habitats, plant and animal species will be evaluated and incorporated into the SEQR review process. The Town may require peer review of the habitat assessment report, at the expense of the applicant, and in accordance with the Town's Fee Schedule.
H. 
Habitat list. Suggested habitat types for general habitat and biodiversity assessments on any particular site include but are not limited to these types. See the Biodiversity Assessment Manual for more detailed descriptions of these habitats:
Habitat
Comment
Stream, pond, and wetland habitats
Stream
Includes intermittent and perennial streams and rivers
Open water
Natural ponds and lakes; i.e., undammed, unexcavated
Constructed pond
Dammed or excavated ponds and lakes
Intermittent woodland pool
Vernal pool in forested setting
Wet meadow
Wet clay meadow
Clayey soils and indicator plant species must be present
Calcareous wet meadow
Calcareous soils and indicator plant species must be present
Fen
Kettle shrub pool
Buttonbush pool
Circumneutral bog lake
Acidic bog
Marsh
Includes emergent and floating-leaved marshes
Mixed forest swamp
Conifers and hardwoods in overstory
Hardwood and shrub swamp
Includes forested and shrub swamps
Conifer swamp
Springs and seeps
Intertidal marsh
Upland Habitats
Upland meadow
Includes inactive agricultural land, herbaceous old fields, farmed meadows, such as pasture, hayfield, and cropland
Upland shrubland
Includes shrubby old field and other shrub-dominated upland habitats
Orchard/plantation
Christmas tree farm, fruit orchard; young (seedling to sapling size) plantations
Cool ravine
Very deep, very narrow ravine, with rocky slopes flanking rocky stream at bottom; creating very cool, shaded environment with unusual plant and animal community
Upland hardwood forest
Less than or equal to 75% hardwood cover
Upland mixed forest
25% to 75% hardwood or conifer cover
Red cedar woodland
Oak heath barren
Upland conifer forest
Less than or equal to 75% conifer cover; includes spontaneous conifer stands and mature plantations
Crest, ledge, and talus
Includes noncalcareous CLT, as well as CLT of unknown bedrock chemistry
Calcareous crest, ledge, and talus
Waste ground
Abandoned soil or rock mines, active private dumps, unreclaimed landfills, postindustrial or commercial sites, other areas with stripped topsoil and little vegetation
Cultural
Manicured areas lacking structures, pavement, etc.; e.g., ball fields, campgrounds, large lawns, mowed park-like areas under trees
[Added 2-18-2010 by L.L. No. 1-2010; amended 10-25-2012 by L.L. No. 3-2012]
A. 
Purposes and findings. The purpose of this stormwater management regulation is to establish minimum requirements for the control of stormwater runoff, to prevent soil erosion and sedimentation of surface waters, and to protect and safeguard the general health, safety and welfare of Town residents in accordance with the following findings:
(1) 
Land development activities and associated increases in site impervious cover often alter the hydrologic response of local watersheds and increase stormwater runoff rates and volumes, flooding, stream channel erosion, and/or sediment transport and deposition.
(2) 
This stormwater runoff contributes to increased quantities of waterborne pollutants, including siltation of aquatic habitat for fish and other species.
(3) 
Clearing and grading during construction increases soil erosion and increases loss of native vegetation necessary for terrestrial and aquatic habitat
(4) 
Improper design and construction of stormwater management facilities and practices can increase the velocity of stormwater runoff, thereby increasing stream bank erosion and sedimentation.
(5) 
Impervious surfaces allow less water to percolate into the soil, thereby decreasing groundwater recharge and stream base flow.
(6) 
Substantial economic losses can result from these adverse impacts on the waters of the Town.
(7) 
Stormwater runoff, soil erosion and nonpoint source pollution can be controlled and minimized through the regulation of stormwater runoff from land development activities.
(8) 
The regulation of stormwater runoff discharges from land development activities, which control and minimize increases in stormwater runoff rates and volumes; soil erosion; stream channel erosion; and nonpoint source pollution associated with stormwater runoff, is in the public interest and will minimize threats to public health and safety.
(9) 
Regulation of land development activities which include performance standards governing stormwater management and site design will produce development compatible with the existing functions of a particular site or an entire watershed and thereby mitigate the adverse effects of erosion and sedimentation from development.
(10) 
Conventional engineering design dictates using whatever solution is simplest to design, most efficient to build, and cheapest to maintain. While this may be a satisfactory means of addressing the need for stormwater management, it does little to reflect the important natural resource that water represents in the community and fails to reflect the scenic and rural context of the Town.
B. 
Objectives of stormwater management. Establishing minimum stormwater management requirements and controls will address the findings of fact cited above by achieving the following objectives:
(1) 
Require land development activities to conform to the substantive requirements of the New York State Department of Environmental Conservation (NYSDEC) State Pollutant Discharge Elimination System (SPDES) General Permit for Construction Activities, as amended or revised.
(2) 
Minimize increases in stormwater runoff from land development activities in order to reduce flooding, siltation, increases in stream temperature, and stream bank erosion and maintain the integrity of stream channels and associated wildlife habitats.
(3) 
Minimize increases in pollution caused by stormwater runoff from land development activities which would otherwise degrade local water quality.
(4) 
Control the total annual volume of stormwater runoff which flows from any specific site during and following development to the maximum extent practicable.
(5) 
Manage stormwater runoff rates and volumes and reduce soil erosion and nonpoint source pollution, wherever possible, through stormwater management practices and ensure that these management practices are properly maintained and eliminate threats to public safety.
(6) 
All stormwater should be treated as a valuable resource.
(7) 
Ensure that stormwater management basins are always regarded as an aesthetic and environmental asset to the community, as opposed to just a necessity.
(8) 
Stormwater design is an integral element of neighborhood design. Engineering elements must not detract from their surroundings nor from the character of the neighborhood.
(9) 
Stormwater management should integrate appropriate art and landscape architecture designs so that Warwick can continue to be a thriving and livable rural community.
C. 
Applicability.
(1) 
This section shall be applicable to all land development activities as defined herein. All land development activities, subject to review and approval by the Planning Board under subdivision, site plan, and/or special permit regulations, shall be reviewed subject to the standards contained in this section. The Town Board designates the Code Enforcement Officer for receipt of all stormwater pollution prevention plans (SWPPP) and directs the Code Enforcement Officer to forward such plans to the Planning Board and/or Town Engineer for review and approval unless the application is before the Planning Board, in which case the Planning Board will review the SWPPP directly.
(2) 
There are three levels of stormwater management required, depending upon the area of disturbance and other criteria as listed in § 164-47.10C(2)(a) to (c) below. Land development activities will require one of the three following SWPPPs:
(a) 
A simple SWPPP for land development activities with less than one acre of disturbance.
(b) 
An intermediate SWPPP for:
[1] 
Land development activities from one acre to less than five acres of disturbance.
[2] 
Land development activities, regardless of size, that the Code Enforcement Officer or Planning Board determines could cause adverse impacts on water quality due to the presence of steep slopes of 15% or greater, soil characteristics such as those classified by the U.S. Department of Agriculture as presenting a moderate erosion hazard, the layout of impervious surfaces, proximity to sensitive areas within 100 feet of the disturbance, or proximity to an existing stormwater structure or facility.
(c) 
A complete SWPPP for:
[1] 
Land development activities of five acres or more.
[2] 
Land development activities, regardless of size, that the Code Enforcement Officer or the Planning Board determines could cause adverse impacts on water quality due to the post-construction water quality or quantity, presence of steep slopes, soil characteristics, the layout of impervious surfaces, potential for pollutant generation on site, proximity to sensitive areas, or proximity to a stormwater structure or facility.
[3] 
Land development activities that will create 1/2 acre or more of contiguous impervious surfaces.
[4] 
Land development activities initially disturbing less than five acres of land that is part of a larger common plan of development or sale of the entire contiguous quantity of land in possession of, recorded as property of, or owned (in any form of ownership, including land owned as a partner, corporation, joint tenant, etc.) by the same individual (and/or that individual's spouse), and comprises not only the area of land development activities initially sought but also all contiguous lands owned by the individual (and/or that individual's spouse) in any form of ownership that may have a cumulative impact of five acres or more;
[5] 
Land development activities that have been determined to have a significant adverse environmental impact, as defined by the New York State Environmental Quality Review Act (SEQR) and as determined by the Town Planning Board or other designated lead agency as requiring appropriate mitigation measures to reduce or avoid such impacts, may be subject to a complete SWPPP.
D. 
Exemptions. The following activities shall be exempt from review under this section:
(1) 
Agriculture conducted in a manner consistent with the New York State Department of Agriculture and Markets' "Sound Agricultural Practices Guidelines," as amended from time to time by the Advisory Council on Agriculture.
(2) 
Forestry conducted in a manner consistent with the "Timber Harvesting Guidelines" as defined and amended from time to time by the New York State Department of Environmental Conservation, except that landing areas and log haul roads are subject to this subsection.
(3) 
Routine maintenance activities that result in a disturbance of less than 10,890 square feet (0.25 acre) and are performed to maintain the original line and grade, hydraulic capacity or original purpose of a facility.
(4) 
Repairs to any stormwater management practice or facility deemed necessary by the Code Enforcement Officer and/or Town Engineer.
(5) 
Land development activities for which a building permit has been approved on or before February 18, 2010.
(6) 
Cemetery graves, excluding aboveground structures such as mausoleums.
(7) 
Installation of fence, sign, telephone, and electric poles and other kinds of posts or poles, but not including installation of transmission equipment, provided that the area of disturbance is less than 1/4 acre.
(8) 
Emergency activity immediately necessary to protect life, property or natural resources.
(9) 
Activities of an individual engaging in home gardening by growing flowers, vegetables and other plants, primarily for use by that person and his or her family.
(10) 
Existing small residential lots in accordance with § 164-45.1 of the Zoning Law.
(11) 
Renewable energy technologies involving solar or wind generation unless subject to § 164-46B of the Zoning Law.
(12) 
Interior alterations and minor exterior alterations of structures shall not require an SWPPP. Such minor interior or exterior alterations shall require only the approval of the Building Inspector and issuance of a building permit (see § 164-22 "designated protection area," Subsection A, if applicable).
E. 
Stormwater pollution prevention plans. No application for approval of a land development activity shall be deemed complete until the Code Enforcement Officer or Planning Board has received an SWPPP prepared in accordance with the standards and specifications herein. The Code Enforcement Officer or Planning Board may require an SWPPP regardless of the area of proposed disturbance where there exists a good reason in the nature of the land, including but not limited to topography, location, drainage, surface water and groundwater resources, and other physical features of the site as well as the character of the surrounding community. To determine which type of SWPPP is required, a notice of ground disturbance form must be completed by the applicant.
(1) 
Notice of ground disturbance. No land development activity which exceeds the thresholds in § 164-47.10C shall be commenced until the Code Enforcement Officer or Planning Board has approved a SWPPP. The applicant shall submit to the Code Enforcement Officer or Planning Board, on a form to be supplied, a notice of ground disturbance. The notice of ground disturbance shall include the following:
[Amended 5-8-2014 by L.L. No. 2-2014]
(a) 
Contact information including owner and applicant's name, address, project address, phone numbers, e-mail address, tax parcel numbers.
(b) 
A brief description of the project, including a sketch, which may be combined with other drawings required for a building permit, specifically showing existing drainage features and vegetation on the site.
(c) 
A description of the proposed project phases.
(d) 
The ground area in square feet and acres that will be disturbed for each phase or phases of the project. The areas to be measured include, but are not limited to, driveways, parking areas, buildings, grading and clearing, lawns, ditches, drainage structures, utilities, stockpiles, including the total project area of disturbance, total parcel acreage, area of existing impervious surface, total area of impervious surface expected at completion, and total contiguous impervious area.
(e) 
A description of the distance(s) from the areas of ground disturbance on any part of the site to the edge of any stream, pond, lake, or wetland on or in the vicinity of the site.
(f) 
Any mapped or other indicators of wetlands on the site or adjacent to the site.
(g) 
A description of the slope(s) of the site (in numerical or descriptive format).
(h) 
A description of any linear excavations greater than or equal to 500 feet long and three feet wide.
(i) 
A description of any activities that may involve the fill or excavation of greater than 250 cubic yards of soil, equivalent to 25 dump truck loads.
(j) 
A list of and brief description of any other permits required for the project.
(k) 
Any additional details requested by the Code Enforcement Officer or Planning Board.
(2) 
Contents of a simple SWPPP;
(a) 
Notice of ground disturbance.
(b) 
The applicant will provide to the Code Enforcement Officer or Planning Board for review a generalized plan describing the erosion and sediment control measures to be used to minimize the impacts of the land development activity appropriate for the site, based upon the guidelines in the NYSDEC Erosion Control Manual or as developed by the Town for this purpose. Measures may include:
[1] 
Stabilized construction entrance;
[2] 
Stabilization of exposed soil;
[3] 
Protection of adjacent properties, waterways, and natural areas;
[4] 
Management of concentrated flow areas; and
[5] 
Maintenance during construction.
(3) 
Contents of an intermediate SWPPP:
(a) 
All items included in the simple SWPPP.
(b) 
Existing pre-construction conditions:
[1] 
Site map, at a scale no smaller than one inch equals 50 feet, must include the following:
[a] 
Project parcel and surrounding areas within 200 feet of the parcel;
[b] 
Existing conditions for drainage, including topography, culverts, ditches, surface waters and wetlands (including names and classifications for both, if applicable), subwatershed boundaries, and existing vegetation;
[c] 
Existing buildings, structures, utilities, and pave areas;
[d] 
Contour lines in sufficient detail to represent site topography.
[2] 
Description of the existing soil(s), vegetative surface cover, and site impervious cover present.
[3] 
Assessment of the site limitations and development constraints with regard to factors including, but not limited to, slope, soil erodibility, depth to bedrock (if shallow), depth to seasonal high water, soil infiltration capacity, and proximity to surface waters and wetlands.
[4] 
Any existing data that describes the stormwater runoff at the site.
(c) 
Better site design practices:
[1] 
Description of the better site design practices to be used for this project as described by the NYSDEC and identified below in no particular order:
[a] 
Preservation of undisturbed areas.
[b] 
Preservation of buffers.
[c] 
Reduction of clearing and grading.
[d] 
Locating sites in less sensitive areas.
[e] 
Open space design.
[f] 
Roadway reduction.
[g] 
Sidewalk reduction.
[h] 
Driveway reduction.
[i] 
Cul-de-sac reduction.
[j] 
Building footprint reduction.
[k] 
Parking reduction.
[l] 
Vegetated buffer/filter strips.
[m] 
Open vegetated channels.
[n] 
Bioretention.
[o] 
Infiltration.
[p] 
Rooftop runoff reduction mitigation.
[q] 
Stream daylighting for redevelopment projects.
[r] 
Tree planting.
[2] 
The Town requires that projects disturbing between one acre and two acres must apply at least two of these practices; projects disturbing between two acres and three acres must complete at least three of these practices; projects between three acres and four acres must complete at least four of these practices; and projects disturbing between four acres and five acres must complete at least five of these practices, the determination of which is to be made by the Planning Board during review of the project.
[3] 
Where the Planning Board finds that compliance with the standards herein would cause unusual hardship or extraordinary difficulties due to exceptional conditions of topography, access, location, shape, or other physical features of the site, the minimum requirements of these regulations may be waived or modified in accordance with § 164-74.1 of the Zoning Law.
(d) 
Proposed construction and post-construction conditions:
[1] 
Construction map(s) for the project may be combined with the existing conditions site map, but only if all required features can be shown clearly. At a minimum, the map(s) must show the following for the total site area: all improvements; areas of disturbance; areas that will not be disturbed; post-development topography; proposed changes to drainage patterns; locations of on-site and off-site material, waste, borrow, equipment storage area; and location(s) where stormwater from the site will discharge to water bodies or existing man-made drainage structures. The names of downstream receiving waters must be identified.
[2] 
If the project will create a new or increased concentrated discharge to a man-made drainage structure maintained by a private adjacent landowner, drainage district or drainage district association, written consent of that landowner, drainage district or drainage district association shall be provided in the form of a drainage easement, which shall be recorded on the plan and shall remain in effect with transfer of title to the property. No other discharge of concentrated flow to a neighboring private property is permitted.
[3] 
Identify on-site storage location for the SWPPP and all relevant records and certifications, including inspection records, post-construction maintenance requirements and the entity responsible for such maintenance.
[4] 
Construction phasing plan describing the intended sequence of construction activities, including clearing and grubbing, excavation and grading, utility and infrastructure installation, and any other activity at the site that results in soil disturbance. No more than three acres may be exposed by site preparation at any one time. If the applicant determines that this three-acre limit is insufficient, the applicant must provide a basis for the contention.
(e) 
Erosion and sediment control plan, including:
[1] 
Description of temporary and permanent structural and vegetative measures to be used for soil stabilization, runoff control and sediment control for each stage of the project from initial land clearing and grubbing to project close-out.
[2] 
Description of structural practices designed to divert flows from exposed soils, store flows, or otherwise limit runoff and the discharge of pollutants from exposed areas of the site to the degree attainable.
[3] 
Dimensions, material specifications and installation details for all erosion and sediment control practices, including the siting and sizing of any temporary sediment basins.
[4] 
A site map/construction drawing(s) specifying the location(s), size(s), and length(s) of each erosion and sediment control practice. This site map can be incorporated into the construction map described above.
[5] 
Identification of erosion control facilities, if any, that will be converted from temporary to permanent control measures.
[6] 
Implementation schedule for staging temporary erosion and sediment control practices, including the timing of initial placement and duration that each practice will remain in place. Erosion and sediment control measures must be constructed prior to beginning any other land disturbances. The devices must be maintained and must not be removed until the disturbed land areas are stabilized.
[7] 
Delineation of SWPPP implementation responsibilities for each part of the site.
[8] 
Maintenance schedule to ensure continuous and effective operation of all erosion and sediment control practices.
(f) 
Construction site waste management plan, including:
[1] 
Description of the pollution prevention measures that will be used to prevent litter, construction chemicals, and construction debris from becoming a pollutant source in stormwater runoff.
[2] 
Description of the type, quantities/sizes, and disposal methods for construction and waste materials expected to be stored on site and off site with updates as appropriate, and a description of controls to reduce pollutants from these materials, including storage practices to minimize exposure of the materials, to stormwater, and spill prevention and response.
(4) 
Contents of complete SWPPP:
(a) 
All items included in the Intermediate SWPPP.
(b) 
Site map/construction drawing(s) for the project, at the scale required by Article V of the Subdivision Regulations,[1] including a general location map. At a minimum, the site map should show the total site area; all improvements; areas of disturbance; areas that will not be disturbed; existing vegetation; mapped habitats; on-site and adjacent off-site surface water(s); wetlands and drainage patterns that could be affected by the construction activity; existing and final slopes; locations of off-site material, waste, borrow or equipment storage areas; and location(s) of the stormwater discharges(s).
[Amended 12-30-2014 by L.L. No. 7-2014]
[1]
Editor's Note: See Ch. 137, Subdivision of Land.
(c) 
Description of the soil(s) present at the site.
(d) 
Construction phasing plan describing the intended sequence of construction activities, including clearing and grubbing, excavation and grading, utility and infrastructure installation, and any other activity at the site that results in soil disturbance. Consistent with the general State Pollutant Discharge Elimination System (SPDES) permit, any project disturbing one acre or more shall be subject to an SWPPP, as defined in § 164-47.10E.
(e) 
Description of the pollution prevention measures that will be used to control litter, construction chemicals and construction debris from becoming a pollutant source in stormwater runoff.
(f) 
Description of construction and waste materials expected to be stored on site with updates as appropriate, and a description of controls to reduce pollutants from these materials, including storage practices to minimize exposure of the materials to stormwater and spill prevention and response.
(g) 
Temporary and permanent structural and vegetative measures to be used for soil stabilization, runoff control and sediment control for each stage of the project from initial land clearing and grubbing to project close-out, including the use of pervious pavers or pervious pavement, which is encouraged and in some cases required by this Zoning Law.
(h) 
A site map/construction drawing(s) specifying the location(s), size(s) and length(s) of each erosion and sediment control practice.
(i) 
Dimensions, material specifications and installation details for all erosion and sediment control practices, including the siting and sizing of any temporary sediment basins.
(j) 
Temporary practices that will be converted to permanent control measures.
(k) 
Implementation schedule for staging temporary erosion and sediment control practices, including the timing of initial placement and duration that each practice should remain in place.
(l) 
Maintenance schedule to ensure continuous and effective operation of the erosion and sediment control practice.
(m) 
Name(s) of the receiving water(s).
(n) 
Delineation of SWPPP implementation responsibilities for each part of the site.
(o) 
Description of structural practices designed to divert flows from exposed soils, store flows, or otherwise limit runoff and the discharge of pollutants from exposed areas of the site to the degree attainable.
(p) 
Any existing data that describes the stormwater runoff at the site.
(5) 
Land development activities, as defined herein and meeting Condition A or B below, shall also include water quantity and water quality controls (post-construction stormwater runoff controls) as set forth in Schedule A[2] herein, as applicable:
(a) 
Condition A: Stormwater runoff from land development activities involving disturbance of 1/4 acre up to five acres or discharging a pollutant of concern to Greenwood Lake, an impaired water identified on the Department of Environmental Conservation's 303(d) list of impaired waters, or a total maximum daily load (TMDL) designated watershed for which pollutants in stormwater have been identified as a source of the impairment.
(b) 
Condition B: Stormwater runoff from land development activities involving disturbance of five or more acres during the course of the project, inclusive of the construction of single-family residences and construction activities at agricultural properties.
[2]
Editor's Note: Schedule A is included at the end of this chapter.
(6) 
SWPPP requirements for Conditions A and B:
(a) 
All information required herein;
(b) 
Description of each post-construction stormwater management practice;
(c) 
Site map/construction drawing(s) showing the specific location(s) and size(s) of each post-construction stormwater management practice;
(d) 
Hydrologic and hydraulic analysis for all structural components of the stormwater management system for the applicable design storms;
(e) 
Comparison of post-development stormwater runoff conditions with pre-development conditions;
(f) 
Dimensions, material specifications and installation details for each post-construction stormwater management practice;
(g) 
Maintenance schedule to ensure continuous and effective operation of each post-construction stormwater management practice;
(h) 
Maintenance easements to ensure access to all stormwater management practices at the site, for the purpose of inspection and repair. Easements shall be recorded on the plan and shall remain in effect with transfer of title to the property;
(i) 
Inspection and maintenance agreement binding on all subsequent landowners served by the on-site stormwater management measures, in accordance with Schedule B[3] herein;
[3]
Editor's Note: Schedule B is included at the end of this chapter.
(j) 
For Condition A, the SWPPP shall be prepared by a licensed landscape architect or a certified professional engineer and shall be signed by the professional preparing the plan, who shall certify that the design of all stormwater management practices meet the requirements herein.
(k) 
The New York SPDES General Permit for Stormwater Runoff from Construction activities, as amended or revised, requires that SWPPPs be prepared by a licensed professional for land development activities discharging a pollutant of concern to an impaired water identified on the New York State Department of Environmental Conservation's 303(d) list of impaired waters or to a total maximum daily load (TMDL) designated watershed for which pollutants in stormwater have been identified as a source of the impairment.
F. 
Other permits. The applicant shall assure that all other applicable permits have been or will be acquired for the land development activity prior to approval of the final stormwater design plan.
G. 
Contractor certification. Each contractor and subcontractor identified in the SWPPP who will be involved in soil disturbance and/or stormwater management practice installation shall sign and date a copy of the following certification statement before undertaking any land development activity: "I certify under penalty of law that I understand and agree to comply with the terms and conditions of the Stormwater Pollution Prevention Plan. I also understand that it is unlawful for any person to cause or contribute to a violation of water quality standards." The certification shall include the name and title of the person providing the signature, address and telephone number of the contracting firm; the address (or other identifying description) of the site; and the date the certification is made. The certification statement(s) shall become part of the SWPPP for the land development activity. A copy of the SWPPP shall be retained at the site of the land development activity during construction from the date of initiation of construction activities to the date of final stabilization.
(1) 
Performance and design criteria for stormwater management and erosion and sediment control. All land development activities shall be subject to the following performance and design criteria:
(a) 
Technical standards. For the purpose of this subsection, the following documents shall serve as the official guides and specifications for stormwater management. Stormwater management practices that are designed and constructed in accordance with these technical documents shall be presumed to meet the standards imposed by this section:
[1] 
The New York State Stormwater Management Design Manual (New York State Department of Environmental Conservation, most current version or its successor, hereafter referred to as the "Design Manual").
[2] 
New York State Standards and Specifications for Erosion and Sediment Control (NYSDEC, most current version or its successor, hereafter referred to as the "Erosion Control Manual").
(b) 
Equivalence to technical standards. Where stormwater management practices are not in accordance with technical standards, the applicant or developer must demonstrate equivalence to the technical standards set forth herein, and the SWPPP shall be prepared by a licensed professional.
(c) 
Water quality standards. Any land development activity shall not cause an increase in turbidity that will result in substantial visible contrast to natural conditions in surface waters of the State of New York.
H. 
Maintenance, inspection and repair of stormwater facilities.
(1) 
Maintenance and inspection during construction. The applicant or developer of the land development activity or their representative shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are installed or used by the applicant or developer to achieve compliance with the conditions of this Zoning Law. Sediment shall be removed from sediment traps or sediment ponds whenever their design capacity has been reduced by 50%.
(2) 
Inspection documentation. For land development activities as defined herein and as required by New York State regulations, meeting Condition A or B, the applicant shall have a qualified professional conduct site inspections and document the effectiveness of all erosion and sediment control practices every month and within 24 hours of any storm event producing 0.5 inch of precipitation or more. Inspection reports shall be maintained in a site logbook. The Planning Board may require inspection by the Town Engineer, and an improvement bond may be required to ensure completion of all stormwater management facilities.
(3) 
Inspections required. The Town Code Enforcement Officer may require such inspections as necessary to determine compliance with this section and may either approve that portion of the work completed or notify the applicant wherein the work fails to comply with the requirements of this section and the SWPPP as approved. To obtain inspections, the applicant shall notify the Code Enforcement Officer in person at least 48 hours before any of the following:
(a) 
Start of construction.
(b) 
Installation of sediment and erosion control measures.
(c) 
Completion of site clearing.
(d) 
Completion of rough grading.
(e) 
Completion of final grading.
(f) 
Close of the construction season.
(g) 
Completion of final landscaping.
(h) 
Successful establishment of landscaping in public areas. If any violations are found, the applicant and developer shall be notified in writing of the nature of the violation and the required corrective actions. No further work shall be conducted except for site stabilization until any violations are corrected and all work previously completed has received approval by the Code Enforcement Officer.
(4) 
Inspections by Code Enforcement Officer. The Code Enforcement Officer is responsible for conducting inspections of stormwater management practices (SMPs). All applicants are required to submit as-built plans for any stormwater management practices located on site after final construction is completed. The plan must show the final design specifications for all stormwater management facilities and must be certified by a professional engineer.
(5) 
Maintenance Easement(s). Prior to the issuance of any approval that has a stormwater management facility as one of the requirements, the applicant or developer must execute a maintenance easement agreement that shall be binding on all subsequent landowners served by the stormwater management facility. The easement shall provide for access to the facility at reasonable times for periodic inspection by the Code Enforcement Officer and/or Town Engineer to ensure that the facility is maintained in proper working condition to meet design standards and any other provisions established by this section. The easement shall be recorded by the grantor in the office of the Orange County Clerk after approval by the Town Attorney or Deputy Attorney. The Town may require the formation of a drainage district or a backup drainage district, if warranted.
(6) 
Maintenance after construction. The owner or operator of permanent stormwater management practices installed in accordance with this section shall ensure they are operated and maintained to achieve the goals of this section. Proper operation and maintenance also includes, as a minimum, the following:
(a) 
A preventive/corrective maintenance program for all critical facilities and systems of treatment and control (or related appurtenances) which are installed or used by the owner or operator to achieve the goals of this section.
(b) 
Written procedures for operation and maintenance and training new maintenance personnel.
(c) 
Discharges from the SMPs shall not exceed design criteria or cause or contribute to water quality standard violations.
(d) 
The Planning Board may require a maintenance bond to fund the inspection of stormwater management facilities.
(e) 
Inspection programs shall be established on any reasonable basis, including but not limited to routine inspections; random inspections; inspections based upon complaints or other notice of possible violations; inspection of drainage basins or areas identified as higher-than-typical sources of sediment or other contaminants or pollutants; inspections of businesses or industries of a type associated with higher-than-usual discharges of contaminants or pollutants or with discharges of a type which are more likely than the typical discharge to cause violations of state or federal water or sediment quality standards or the SPDES stormwater permit; and joint inspections with other agencies inspecting under environmental or safety laws. Inspections may include, but are not limited to, reviewing maintenance and repair records; sampling discharges, surface water, groundwater, and material or water in drainage-control facilities; and evaluating the condition of drainage- control facilities and other stormwater management practices.
(7) 
Maintenance agreements. The Town Board shall approve a formal maintenance agreement for stormwater management facilities binding on all subsequent landowners and recorded in the office of the Orange County Clerk as a deed restriction on the property prior to final plan approval. The maintenance agreement shall be consistent with the terms and conditions of Schedule B of this section entitled "Example of Stormwater Control Facility Maintenance Agreement." The Town Board, in lieu of a maintenance agreement, at its sole discretion, may accept dedication of any existing or future stormwater management facility, provided that such facility meets all the requirements of this section and includes adequate and perpetual access and sufficient area, by easement or otherwise, for inspection and regular maintenance.
(8) 
Submission of reports. The Planning Board may require monitoring and reporting from entities subject to this section as are necessary to determine compliance with this section.
(9) 
Right of entry for inspection. When any new stormwater management facility is installed on private property or when any new connection is made between private property and the public stormwater system, the landowner shall grant to the Code Enforcement Officer and/or Town Engineer the right to enter the property at reasonable times, and in a reasonable manner, for the purpose of inspection as specified in Subsection H herein.
[Amended 12-30-2014 by L.L. No. 7-2014]
I. 
Construction completion guarantee. In order to ensure the full and faithful completion of all land development activities related to compliance with all conditions set forth by the Planning Board in its approval of the stormwater pollution prevention plan, the Planning Board may require the applicant or developer to provide, prior to construction, a performance bond, cash escrow, or irrevocable letter of credit from an appropriate financial or surety institution, which guarantees satisfactory completion of the project and names the Town of Warwick as the beneficiary. The security shall be in an amount to be determined by Planning Board, based on submission of final design plans, with reference to actual construction and landscaping costs. The performance guarantee shall remain in force until the surety is released from liability by the Town of Warwick, provided that such period shall not be less than one year from the date of acceptance, or such other certification that the facility(ies) have been constructed, in accordance with the approved plans and specifications, and that a one-year inspection has been conducted and the facilities have been found to be acceptable to the Code Enforcement Officer and/or Town Engineer. Per annum interest on cash escrow deposits shall be reinvested in the account until the surety is released from liability.
J. 
Maintenance guarantee. Where stormwater management and erosion and sediment control facilities are to be operated and maintained by the developer or by a corporation that owns or manages a commercial facility, the developer, prior to construction, may be required to provide the Planning Board or Code Enforcement Officer with an irrevocable letter of credit from an approved financial institution or surety to ensure proper operation and maintenance of all stormwater management and erosion control facilities both during and after construction and until the facilities are removed from operation. If the developer or landowner fails to properly operate and maintain stormwater management and erosion and sediment control facilities, the Town of Warwick may draw upon the account to cover the costs of proper operation and maintenance, including engineering and inspection costs.
K. 
Recordkeeping. The Planning Board may require entities subject to this section to maintain records demonstrating compliance with this section.
No land or building shall be used or occupied in any manner so as to create any dangerous, injurious, noxious or otherwise objectionable fire, explosive or other hazard, noise or vibration, smoke, dust, electromagnetic or other disturbance, glare, liquid or solid refuse or wastes or other substance, condition or element in such a manner or in such amount as to adversely affect the reasonable use of the surrounding area or adjoining premises (referred to herein as "dangerous or objectionable elements"), provided that any use permitted or not expressly prohibited by this chapter may be undertaken and maintained if it conforms to the regulation of this section limiting dangerous and objectionable elements at the point of the determination of their existence.
A. 
Uses requiring performance standard procedure. Only manufacturing uses and uses accessory thereto shall be subject to performance standards procedures as specified in Subsection D of this section in obtaining a building permit, unless the Building Inspector has reasonable grounds to believe that another proposed use is likely to violate performance standards, in which event the applicant shall comply with performance standards procedures.
B. 
Enforcement provisions applicable to other uses. Even though compliance with performance standards procedures in obtaining a building permit is not required for some particular uses, initial and continued compliance with the performance standards themselves is required of every use. The provisions for enforcement of continued compliance with performance standards shall be invoked by the Building Inspector against any use if there are reasonable grounds to believe that performance standards are being violated by such use.
C. 
Performance standard regulations.
(1) 
Fire and explosive hazards. All activities involving and all storage of inflammable and explosive materials shall be provided at any point with adequate safety devices against the hazard of fire and explosion, adequate fire-fighting, fire-suppression equipment and devices standards in the industry. Burning of waste material in open fires is prohibited at any point. The relevant provisions of state and local laws, ordinances and regulations shall also apply.
(2) 
Radioactivity or electromagnetic disturbance. No activities shall be permitted which emit dangerous radioactivity at any point beyond the property line, or electromagnetic disturbance adversely affecting the operation at any point of any equipment other than that of the creator of the disturbance.
(3) 
Noise. The maximum sound pressure level radiated by any use or facility (other than transportation facilities) at the property line shall not exceed the values in the designated octave bands given in Table I, after applying the corrections shown in Table II below. The sound pressure level shall be measured with a sound-level meter and associated octave band analyzer conforming to standards prescribed by the American Standards Association. (American Standard Sound Level Meters for Measurement of Noise and Other Sounds, 224, 3-1944, American Standards Association, Inc., New York, New York, and American Standard Specifications for an Octave Band Filter Set for the Analysis of Noise and Other Sounds, Z24, 10-1953, American Standards Association, Inc., New York, New York, shall be used.)
Table I
Octave Band Range
(cycles per second)
Sound Pressure Level
(decibels re 0.0002 dyne/cm2)
20 to 300
60
300 to 2,400
40
Above 2,400
30
If the noise is not smooth and continuous and is not radiated between the hours of 10:00 p.m. and 7:00 a.m., one or more of the corrections in Table II shall be applied to the decibel levels given in Table I.
Table II
Type or Location of Operation or Character of Noise
Correction
(decibels)
Daytime operation only
5
Noise source operates less than 20% of any one-hour period
5
Noise source operates less than 5% of any one-hour period
10
Noise of impulsive character (hammering, etc.)
-5
Noise of periodic character (hum, screech, etc.)
-5
Property is not within 500 feet of any residence district
5
(4) 
Vibration. No vibration shall be permitted which is discernible without instruments at the property line.
(5) 
Smoke. No emission shall be permitted at any point, from any chimney or otherwise, of visible gray smoke of a shade equal to or darker than No. 2 on the Poer's Micro-Ringelmann Chart, published by McGraw-Hill Publishing Company, Inc., and copyrighted 1954 (being a direct facsimile reduction of the standard Ringelmann Chart as issued by the United States Bureau of Mines), except that visible gray smoke of a shade equal to No. 2 on said chart may be emitted for four minutes in any 30 minutes. These provisions applicable to gray smoke shall also apply to visible smoke of different color but with an apparently equivalent opacity.
(6) 
Odors. No emission shall be permitted of odorous gases or other odorous matter in such quantities as to be readily detectable when diluted with the ratio of one volume of odorous air emitted to four volumes of clean air. Any process which may involve the creation or emission of any odors shall be provided with a secondary safeguard system, so that control will be maintained if the primary safeguard system should fail. (As a guide in determining such quantities of offensive odors, see Table III, Odor Thresholds, in Chapter 5, Air Pollution Abatement Manual, copyright 1951 by Manufacturing Chemists' Association, Inc., Washington D.C., and said manual and/or table as subsequently amended is to be used.)
(7) 
Fly ash, dust, fumes, vapors, gases other forms of air pollution. No emission shall be permitted which can cause any damage to health, animals, vegetation or other forms of property or which can cause any excessive soiling at any point on the property of others and, in no event, any emission from any chimney, or otherwise, of any solid or liquid particles in concentrations exceeding 0.3 grain per cubic foot of the conveying gas. For measurements of the amount of particles in gases resulting from combustion, standard corrections shall be applied to a stack temperature of 500°F. and 50% excess air.
(8) 
Glare. No direct or sky-reflected glare, whether from floodlights, buildings, or structural surfaces, or from high-temperature processes, such as combustion or welding or otherwise, shall be permitted. This restriction shall not apply to signs otherwise permitted by the provisions of this chapter, nor to security lighting, lighting of a road system or parking lot lighting not otherwise prohibited.
(9) 
Liquid or solid waste. No discharge shall be permitted at any point into any public sewer, private sewage disposal system or stream, or into the ground, except in accord with standards approved by the County Department of Health or similarly empowered agency, of any materials of such nature or temperature as can contaminate any water supply or otherwise cause the emission of dangerous or offensive elements.
D. 
Performance standards procedure. An application for a site plan, special use permit, building permit or a certificate of occupancy for a use subject to performance standards procedures shall include a plan of the proposed construction and a description of the proposed machinery, operations and products, and specifications for the mechanisms and techniques to be used in restricting the emission of any dangerous and objectionable elements listed under this section. The applicant shall also file with such plans and specifications an affidavit acknowledging his understanding of the applicable performance standards and stating his agreement to conform with same at all times. No applicant will be required to reveal any secret processes, and any information submitted will be treated as confidential. Upon the satisfactory filing of the required plans, specifications and affidavit, the Building Inspector shall proceed to issue a building permit and/or certificate of occupancy in accordance with the procedures set forth in §§ 164-50 and 164-51.
[Amended 10-24-2002 by L.L. No. 6-2002]
Except as provided herein and in § 164-40M, Table of Use Requirements, Agricultural Use, No. 23,[1] the storage or use of mobile homes in the Town of Warwick is prohibited.
A. 
Use as temporary residence.
(1) 
Temporary certificate of occupancy. Where a building permit has been issued for the erection, alteration or extension of a single-family residential building, the Building Inspector may issue a temporary certificate of occupancy for one mobile home for a period not to exceed six months. Said temporary certificate of occupancy may be extended for one additional period of six months if the Building Inspector finds that construction has been diligently pursued and that justifiable circumstances require, such an extension such as an emergency where the Building Inspector has deemed an existing building uninhabitable. Said mobile home may be occupied during the term of the temporary certificate of occupancy and must be situated upon the lot for which the building permit has been issued. Prior to the issuance of a certificate of occupancy by the Building Inspector and the location of said mobile home on the lot, the matter may be referred to the Planning Board for approval. If Planning Board review and approval is required, said Board may attach to the approval whatever reasonable conditions it deems necessary to carry out the intent of this chapter. Such conditions shall include:
[Amended 9-11-2003 by L.L. No. 4-2003]
(a) 
The temporary certificate of occupancy for one mobile home shall be valid for a period of six months, with one extension granted for a period of an additional six months provided the applicant has demonstrated due diligence in the erection, alteration, or extension of the single-family residential building.
(b) 
The mobile home shall be connected to the on-site well and septic disposal system or to community water and/or sewer facilities if such services are available to serve the residential building.
(c) 
A performance bond in the amount of $1,000 shall be provided to ensure the proper removal of the mobile home after expiration of the temporary certificate of occupancy.
(2) 
The fee for a temporary certificate of occupancy for a mobile home shall be paid upon application in an amount as determined in Chapter 75, Development Fees. In the event that the mobile home is not removed from the premises by the expiration date of the temporary certificate of occupancy, there shall be a fine levied against the owner in an amount per month as set in Chapter 75, Development Fees, for as long as the situation continues.
B. 
Mobile home court permit.
(1) 
Requirement. No person, firm or corporation shall own or operate a mobile home court without a permit, obtained as herein provided, and failure to have such a permit shall constitute a violation of this chapter.
(2) 
Authorization and approval of plans by the Planning Board. A mobile home court shall be allowed only upon authorization and approval of plans by the Planning Board and only in those zoning districts where such use is permitted.
(3) 
Nontransferability. Mobile home court permits shall not be transferable or assignable.
(4) 
Procedure. Application for a mobile home court permit shall be filed with the Building Inspector who shall submit the same to the Planning Board for appropriate action. After proper review under the terms of § 164-46 and Subsection C of this section, the Planning Board may grant authorization and approval of plans. Following such authorization, the Building Inspector shall issue a permit for a mobile home court upon receipt of the required fee.
(5) 
Application. Application for a mobile home court permit shall be made in triplicate on forms to be provided by the Building Inspector, shall be signed by the applicant and shall state:
(a) 
The name and address of the applicant or applicants, if a partnership.
(b) 
The names and addresses of each officer and director, if a corporation.
(c) 
The interest of the applicant in the property, if not the owner of record.
(d) 
The name and address of the property owner.
(6) 
Site plan. Each application shall be accompanied by a site plan drawn to scale by a qualified surveyor, engineer or land planner, said plan to include the following information:
(a) 
The location of the proposed mobile home court, showing the boundaries and measurements of the premises.
(b) 
The location and number of mobile homes to be situated therein.
(c) 
The means of egress and ingress to all public roads.
(d) 
Watercourses and drainage ditches.
(e) 
Internal roads and off-street parking facilities.
(f) 
Water supply and sewage disposal facilities.
(g) 
The location of fire extinguishers.
(h) 
The location, nature and extent of fences and screening.
(i) 
The location of outdoor lights, signs and other structures.
(j) 
The names of the owners of adjoining properties.
C. 
Mobile home court development standards. Notwithstanding the applicable provisions of this Code or other ordinances, each mobile home court shall comply with the following conditions:
(1) 
No mobile home court shall adjoin or be closer than 1,000 feet to any existing mobile home court.
(2) 
The site shall be well drained and have such grades and soil as to make it suitable for the purpose intended.
(3) 
Central sewage disposal and water supply systems shall have the approval of the Orange County Department of Health and/or similar municipal approval, whichever is more restrictive, and each mobile home site shall be suitably connected to these systems.
(4) 
Garbage shall be collected once every day, and a waste collection station shall be provided for every 20 mobile home sites. No such collection station shall be farther than 300 feet from the site so served. Waste collection stations shall be emptied at least three times each week.
(5) 
The outside burning of garbage, trash or rubbish is prohibited.
(6) 
A mobile home court shall have at least 100 feet of frontage on an improved public (state, county or Town) road. No individual mobile home shall have frontage or direct access to a public road.
(7) 
The mobile home court site shall be designed with all mobile home lots fronting on loop or cul-de-sac streets, no more than 10 lots fronting on each such non-through-traffic street.
(8) 
Access to a mobile home court and circulation within shall be by roads paved with tar and stone or blacktop, as approved by the Town Highway Superintendent, and shall be kept in good repair. Roadways shall be at least 30 feet wide. Two exits to each mobile home court shall be provided, at least 125 feet apart. The Planning Board shall require a bond for the construction of said roads.
(9) 
Of the two off-street parking spaces required for each mobile home site, one such space shall be adjacent to or within each mobile home lot; the second may be contained within one or more group parking areas.
(10) 
All means of ingress and egress, drives, lanes and public spaces shall be adequately lighted. Exits, entrances, drives and lanes shall have at least one shielded fifty-watt bulb for each 50 feet of drive.
(11) 
Each mobile home site without a basement shall be provided with a four-inch concrete slab at least 10 feet by 18 feet in size, placed on a stable surface, for use as a terrace, and so located as to be adjacent and parallel to the mobile home. The base of each mobile home shall be enclosed. Each mobile home lot shall contain an underground electrical outlet and weatherproof service connection to which the electrical system of the mobile home can be connected.
(12) 
A fire alarm box or public telephone shall be provided for each mobile home park, and fire extinguishers, approved by the local fire district officers, shall be furnished so that no mobile home shall be more distant than 150 feet from such extinguisher.
(13) 
One public telephone shall be provided for each mobile home court.
(14) 
All mobile home courts shall be screened from the view of adjacent properties and public streets by peripheral landscaping containing hedges, evergreens, shrubbery, fencing or other suitable screening as approved by the Planning Board or deemed appropriate for the purpose.
(15) 
All open portions of the site shall have adequate grading and drainage and shall be continuously maintained in a dust-free condition by suitable landscaping with trees, shrubs or planted ground cover or by paving with asphalt, concrete, rock or by other suitable material as shall be approved by the Planning Board.
(16) 
Required front yard areas shall be planted and maintained in such a manner as to provide a park-like setting for all buildings.
D. 
Inspection. The Building Inspector or any other duly authorized agent of the Town of Warwick shall have the right at any reasonable time to enter any mobile home court to inspect all parts thereof and to inspect the records required to be kept in any mobile home court.
E. 
Register. The operator of a mobile home court shall keep a register wherein there shall be noted the name and permanent address of the occupants of every mobile home situated in the court, the registration number of the same, the date it was admitted and the date of its removal. Such register shall be signed by the owner of the mobile home or the person bringing the same into the court.
F. 
Revocation of permit.
(1) 
If the Building Inspector or any other authorized agent of the Town of Warwick finds that any mobile home court is not conducted in accordance with the provisions of this chapter, such person shall serve an order in writing upon the holder of the mobile home court permit, or the person in charge of said court, directing that the conditions therein specified be remedied within 10 days after the date of service of such order.
(2) 
If such conditions are not corrected by the close of said ten-day period, said conditions shall constitute a violation of this chapter.
G. 
Fees. The fees for a mobile home court permit shall be in an amount as determined by Chapter 75, Development Fees, and shall be paid by the applicant upon issuance of the permit.
H. 
Renewal applications.
(1) 
Renewal applications shall be filed with the Building Inspector before the first day of December next preceding the expiration of the original permit.
(2) 
Upon approval of the Building Inspector or Planning Board, as the case may be, and payment of the required annual fee, a renewal permit shall be issued.
(3) 
Prior to the issuance of a renewal permit, the Building Inspector shall inspect the mobile home court premises for compliance with these regulations. Any deviation from the application as originally approved by the Planning Board shall require a new application before the Planning Board and shall be in conformance with these regulations.
(4) 
After issuance of the permit, the same shall be valid until the end of the calendar year and shall be renewable annually.
I. 
Application to existing mobile home courts. This chapter, except for Subsections C(5) and (12) and E of this section, shall not apply to mobile homes existing in mobile home courts on the effective date of this chapter, and such existing mobile homes shall be considered nonconforming uses. Any enlargement, extension or alteration of an existing mobile home court may be made only in compliance with all the terms of this chapter.
[1]
Editor's Note: The Table of Use Requirements is included at the end of this chapter.
A. 
Purpose. The Town Board of the Town of Warwick hereby finds and declares:
(1) 
There is a need in the Town of Warwick for housing developments located and designed to meet the special needs and habits of senior citizens, to be known as "senior housing." Such housing can contribute to the dignity, independence and meaningful activity of senior citizens in their retirement years. It is recognized that housing for the elderly, if not properly located, constructed and maintained, may be detrimental to the general welfare, health and dignity of the occupants of such developments and to the Town of Warwick at large.
(2) 
Senior citizens have different needs than the population as a whole. These needs often include support services, such as central food service, social services and referral consultation, medical services, housekeeping assistance and central laundry. Senior citizens also need to be provided with a comfortable, independent and supportive setting where they can move when a private residence is no longer appropriate.
(3) 
Senior housing developments can be integrated into existing residential neighborhoods if properly planned, constructed and maintained. A senior housing development that blends into the existing fabric of the community has a much higher degree of acceptance by neighbors, and the senior citizens who live there find it much easier to become a part of the community as a whole.
(4) 
The Town of Warwick has determined that the most appropriate means to fulfill the purposes of this section is to establish Senior Housing (SH) Floating Districts by zoning amendment.
(5) 
The purpose of the Senior Housing (SH) Floating District is to enable the Town Board to permit, on a case-by-case basis, senior housing that satisfies the need for such developments in locations where it will not detract from surrounding land uses. Any use, other than the uses specifically enumerated herein, shall be prohibited in an SH Zone.
(6) 
The granting of authority to establish a senior housing development shall be subject to the conditions set forth below, the site plan review requirements of § 164-46 of this chapter, and such other reasonable conditions as the Town Board, in its discretion, deems appropriate. The Town Board, prior to reaching a decision on a Senior Housing Floating Zone, shall provide written findings that the application meets all provisions of this section. If any provision is not met by the application, the Town Board shall state in writing its reasons for granting a waiver from the requirements of this section.
B. 
Application procedure.
(1) 
Application for the establishment of an SH District shall be made to the Town Board pursuant to the zoning amendment provisions of § 164-60 of this chapter. The application for SH District designation shall include a sketch plan showing the approximate location of proposed buildings and other structures, parking areas, pedestrian circulation, roads, open space, recreation areas and other proposed facilities. The Town Board may, in its sole discretion, reject an application for an SH District at any time prior to final adoption of a zoning amendment.
(2) 
Within one year of the date of the Town Board adopts a zoning amendment creating an SH District, the applicant shall apply to the Planning Board for site plan approval in accordance with § 164-46 of this chapter. The Planning Board shall grant site plan approval or site plan approval with conditions if it finds that the site plan satisfies the standards and criteria in this section and § 164-46 of this chapter and that the site plan is substantially similar to the sketch plan approved by the Town Board. If a period of more than one year passes between Town Board approval of the SH District and submission of a site plan application, the SH designation shall lapse, and the property shall revert to its prior zoning classification unless the SH designation is extended by the Town Board.
(3) 
In addition to the application requirements of § 164-60 of this chapter, applications must be accompanied by a completed full environmental assessment form (EAF) or a draft environmental impact statement (DEIS) pursuant to the State Environmental Quality Review Act (SEQR).[1] The Town Board need not undertake a SEQR review if it determines that it will not entertain the zoning petition. A DEIS, pursuant to 6 NYCRR 617, shall be prepared for all senior housing (SH) zoning applications in which it has been determined that there may be a significant effect on the environment.
[1]
Editor's Note: See Environmental Conservation Law § 8-0101 et seq.
(4) 
A fee of $500 shall accompany each application under this section. In addition, in the event that an application requires the Town to incur additional expenses for technical assistance in the review of an application, this section shall require the applicant to pay the reasonable expenses incurred by the Town and to deposit said necessary covering funds prior to the cost being incurred. Technical assistance shall be defined as, but not limited to, those services provided by the Town Engineer, Town Planner, Town Attorney and other professional planners, licensed engineers, licensed landscape architects, licensed attorneys, licensed land surveyors and licensed property appraisers.
(5) 
A certified copy of the corporation papers of an applicant, requesting a senior housing designation under this section, shall be supplied to the Town Attorney's office for the purpose of review and comment on compliance with the purposes and intent of this section.
(6) 
Upon the granting of a senior housing (SH) zoning designation and all other approvals from regulatory agencies, including Planning Board approval, the applicant may obtain a building permit and commence construction.
(7) 
The occupancy for a senior citizen housing development shall be limited to persons who are 55 years of age or older, with the following exceptions:
(a) 
A husband or wife under the age of 55 years who is residing with his or her spouse who is of the age of 55 years.
(b) 
Adults under the age of 55 years will be admitted as permanent residents if it is established that the presence of such persons is essential for the physical care or economic support of the eligible older occupant or occupants.
(c) 
Certifying documentation of the requirements of this section shall be provided in the following forms:
[1] 
A certificate of occupancy shall be required for each dwelling unit in a senior citizen housing development, and said certificate shall only permit occupancy in accordance with the floor area and other requirements as stated herein.
[2] 
A certificate of compliance shall be filed for each unit occupied. It shall be the duty of the owner or his agent to file a certificate of compliance with the Town Building Inspector, indicating compliance with this section and this chapter, as amended, as to its requirements relating to the number of occupants and the age of the occupants in each dwelling unit. The certificate shall be filed for each dwelling unit within 30 days after its initial occupancy. A new certificate shall be filed within 30 days after any change of occupancy.
[3] 
The applicant and/or owners of a development under this section shall file with the Building Inspector, before the first Monday in December of each calendar year of operation, a report on forms supplied by the Building Inspector, for compliance with all provisions of this section.
(d) 
Violations of this section are subject to the penalty provisions of § 164-54 of this chapter.
(8) 
First preference for dwelling units in a senior citizen housing development shall be given to existing residents of the Town of Warwick, second preference to other residents of Orange County, as permitted by law. Proof of residency, such as a driver's license or voter registration card, will be accepted to determine residency.
C. 
Uses. Senior housing needs vary depending upon an individual's age and health. A common prerequisite is a comfortable, independent and supportive setting to which one can move when one's private residence is no longer appropriate. Senior housing developments shall provide a variety of dwelling types in accordance with Subsection C(1) of this section. In reaching its decision to approve or deny a Senior Housing Floating Zone, the Town Board shall base its findings, in part, on the degree to which the senior housing development provides for a variety of the enumerated dwelling types.
(1) 
The following dwelling types are allowable in an SH District:
[Amended 10-24-2002 by L.L. No. 6-2002]
(a) 
Two-family dwellings.
(b) 
Townhouses.
(c) 
Apartments.
(d) 
Congregate housing.
(e) 
Any combination of the above.
(2) 
Certain related ancillary facilities may be permitted, either in a separate building or in combination with dwelling units. Such ancillary facilities are deemed essential to the success of a senior housing development but shall be subordinate to the residential character of the development and shall be located out of public view with no outside advertising. Approval of a site development plan for dwelling units in a senior citizen housing development in no way constitutes approval for installation of any type of related facility. In reaching its decision to approve or deny a Senior Housing Floating Zone, the Town Board shall base its findings, in part, on the degree to which the senior housing development provides for a variety of the enumerated ancillary facilities. The following facilities may be approved by the Planning Board pursuant to § 164-46 of this chapter:
(a) 
Cafeteria.
(b) 
Self-service laundry.
(c) 
Lounge.
(d) 
Game room.
(e) 
Recreation room.
(f) 
Exercise or multipurpose room.
(g) 
Workshop.
(h) 
Library.
(i) 
Sauna/spa whirlpool.
(j) 
First-aid clinic. (NOTE: First-aid clinics may include an office for a part-time doctor, dentist or podiatrist to visit once or twice a week.)
(k) 
Social services office. (NOTE: Such office shall be for use by social service providers or others offering direct assistance to residents only to the extent that they meet the needs of the residents of the development.)
(l) 
Twenty-four-hour security.
(m) 
Guest accommodations.
D. 
Design standards. In considering an application for designation of an SH District, the Town Board shall follow the standards set forth in § 164-46J(15), (23), (53) and (112) of this chapter, as well as the following additional standards:
(1) 
The design of the senior housing development shall be as compatible as practical with the design of the surrounding neighborhood.
(2) 
The following dimensional requirements are applicable to all SH Districts created by this section; provided, however, that the Town Board may vary the requirements where appropriate (except for lot size, maximum building coverage and maximum site development) so that the senior housing development will follow more traditional neighborhood development patterns commonplace in the United States until the 1940's:
(a) 
Minimum lot size: 40 acres.
(b) 
Maximum lot size: 200 acres.
(c) 
Minimum lot width: 400 feet.
(d) 
Minimum road frontage: 400 feet.
(e) 
Minimum front yard setback from adjoining roads:
[1] 
State: 80 feet.
[2] 
County: 60 feet.
[3] 
Town: 40 feet.
(f) 
Minimum building setbacks from adjoining properties:
[1] 
Side: 200 feet.
[2] 
Rear: 200 feet.
(g) 
Maximum building height: 35 feet.
(h) 
Maximum building coverage: 20%.
(i) 
Maximum site development: 40%. (NOTE: This includes all buildings, structures, walks, parking areas, landscaped areas, driveways and roads.)
(j) 
Minimum distance between buildings: as determined at the time of site plan approval by the Planning Board. Consideration shall be given to fire access, solar orientation, building massing and other relevant factors in determining an appropriate distance between buildings.
(3) 
The maximum number of units per building shall not exceed 16 unless otherwise approved by the Town of Warwick.
(4) 
Sites shall be located in an area suitable for residential purposes and shall be reasonably free of objectionable conditions, such as industrial odors, noise and dust.
(5) 
Senior housing developments shall preserve, to the greatest extent practical, mature trees, rock outcrops, slopes, wetlands and stream corridors.
(6) 
All senior housing shall be located so that adequate resources, environmental quality and public facilities, including water supply, waste disposal and fire protection, are available.
(7) 
Senior housing sites shall provide residents with reasonable access to such conveniences and facilities as public transportation, hospital and medical services, shopping, check-cashing facilities, drugstores, religious, cultural and recreational facilities and personal services.
(8) 
Sites shall emphasize pedestrian circulation and shall provide a safe and reasonable system of drives, service access and parking conveniently accessible to all occupants. Sidewalks shall link parking lots, transit stops and buildings on site and with adjacent properties.
(9) 
Parking.
(a) 
Parking at senior housing sites can vary between weekdays and weekends. Typically, in senior housing developments, many elderly no longer own their own automobile. Therefore, parking needs in senior housing are substantially less than for residential housing in general. However, senior housing developments experience a greater need for parking on Saturdays and especially Sundays when families come to visit relatives. For this occasional weekend use, it is more appropriate to establish overflow parking using previous surfaces, such as cellular concrete blocks where the interstices of the blocks are filled with earth and sown with grass. Such overflow parking shall be provided at each senior housing development. On-site facilities for vehicle parking shall be provided in accordance with the requirements of § 164-43.2.
(b) 
Overflow parking area specifications shall be designated by the Town Engineer of the Town of Warwick or its agents. All other parking areas shall be curbed, striped and have direction of travel lanes painted over blacktop. Minimum paving specifications shall be designated by the Town Engineer of the Town of Warwick or its agents. Parking areas shall be separated by a planted or landscaped strip between such areas and sidewalks. No vehicles, other than passenger vehicles or vans, and no more than two cars per household shall be permitted to park overnight except with the express authorization of the Town Board. Where garages are provided, they may be substituted for such off-street parking areas and shall conform architecturally to the principal buildings.
(10) 
Each parking space shall be a minimum of 10 feet wide and 20 feet deep with 24 feet of aisle space. Five percent of the total number of parking spaces shall be 12 feet wide and designated for handicapped residents. Properly located short-term parking shall be provided for residents dropping off groceries or passengers. All parking shall be placed at the side and rear of buildings.
(11) 
Lighting requirements shall conform to the following:
(a) 
Exterior lighting shall comply with the lighting requirements in § 164-43.3.
(b) 
The following minimum illumination guidelines should be followed for interior lighting:
[1] 
Kitchen: 150 watts.
[2] 
Over sinks: 100 watts.
[3] 
Dining areas: 150 watts.
[4] 
Bathroom: 150 watts.
[5] 
Private halls: 75 watts.
[6] 
Passageways and stairs: 100 watts.
[7] 
Fixtures for other building spaces should occur at a minimum of every 200 square feet.
(12) 
Landscaping shall be provided in accordance with the requirements of § 164-46 of this chapter. Additional requirements include planting of street trees along all streets at a maximum average spacing of 30 feet (but no closer than 15 feet to intersections) on center. Trees shall have a minimum caliper of three inches at the time of planting. When no lane of parking is provided along streets, trees shall be planted between the sidewalk and the travel lane at a minimum of 21/2 feet from the edge of the street. For all parking areas, landscaped areas shall comprise a minimum of 20% of the total parking lot area. Use of native species and low maintenance plants is encouraged. Gardens where residents can participate in gardening activity is also encouraged.
(13) 
The minimum floor area for all units is as follows:
Type of Unit
Minimum Floor Area
(square feet)
Apartment or congregate unit
1-bedroom
1-person
665
2-person
715
2-bedroom
865
Two-family or townhouse unit
1-bedroom
675
2-bedroom
885
(14) 
No more than 40% of the dwelling units shall be two-bedroom units. No dwelling unit shall contain more than two bedrooms, except that one dwelling unit for each superintendent may contain up to three bedrooms. A minimum of 5% of the dwelling units shall be set aside for permanently handicapped persons and shall be designed for their occupancy.
(15) 
In Senior Housing (SH) Districts, all construction must conform to the New York State Multiple Dwellings Law as appropriate, the New York State Energy Conservation Construction Code and the New York State Uniform Fire Prevention and Building Code, as may be amended from time to time.
(16) 
Exterior architectural features shall be of a quality, character, compatibility and appearance that is in harmony with the surrounding neighborhood and the Town of Warwick and will not adversely affect the general welfare of the inhabitants of the Town of Warwick. The Architectural Review Board shall be responsible for the review and recommendations of such exterior architectural features.
(17) 
Exterior areas shall be attractive and encourage outdoor activities and social interaction. Each dwelling unit shall contain a minimum of 65 square feet of outdoor common area. Seating accommodations that call for conversation shall be provided in such common areas. All outdoor tables must allow a minimum of 29 inches from the ground to the underside of the top of the table to accommodate the arms of wheelchairs. Outdoor common areas shall be well defined by landscape plantings and shall be linked to the natural open space of the site.
(18) 
Measures shall be taken to reduce the transmission of noise, such as the use of suitable materials (i.e., carpeting and acoustic baffling) and methods of construction, the location of buildings and the arrangement of dwelling units within the buildings.
(19) 
Senior housing developments should avoid the use of numerous long corridors which can disorient residents and are reminiscent of institutions. Color coding of walls and floors in interior common areas, graphics and plant placements are the preferred means to help residents easily distinguish one area from another.
(20) 
Additional design and construction requirements shall include the following:
(a) 
Entryways should not open directly into a bathroom or bedroom but should be directly accessible to the kitchen, living room and storage.
(b) 
Living areas should be designed to allow for a variety of furniture arrangements. Windows should be carefully placed to expand furniture options and to permit interesting views outside from reclining and standing positions. Living areas should be directly accessible to dining areas.
(c) 
Dining areas should be spatially separated from the kitchen area. Each dining area should contain sufficient space to accommodate four people. Dining areas should be open to natural light and have views of the outside.
(d) 
Bedrooms should be designed to afford outside views from a reclining position. Every bedroom should be designed to accommodate two twin beds or one double bed, one dresser, one chair and two nightstands.
(e) 
Kitchens should be screened from entry and living areas. Either L- or U-shaped kitchens are preferred with a minimum width of 60 inches. Kitchen faucets should have one-handed control of water taps.
(f) 
Bathroom safety is a key design consideration. All bathrooms shall avoid sharp surfaces and slippery floor surfaces; shall provide backing for full grab-bar installation (but remain uninstalled unless necessary); have doors that open out; and have one-handed control of water taps. Each bathroom shall have a toilet, lavatory and a bathtub or stall shower with a built-in bench or room for a bath stool. Bathrooms should have direct access to bedrooms and direct or indirect access between the bathroom and living room. Bathroom thresholds shall be flush with the floor.
(g) 
All plumbing fixtures, accessories and trim shall be selected for and provide the maximum features of design to contribute to the safety, convenience and aid to older persons.
(h) 
At least 10% of the floor area of each multifamily building shall be set aside for community space, including lounges, workshops, game rooms and other facilities designed for the residents.
(21) 
Signs shall be permitted in accordance with § 164-43.1 of this chapter with the following exceptions:
(a) 
A maximum of two on-premises signs, identifying the senior housing development, shall be permitted. The signs can be either freestanding or attached to a structure.
(b) 
The total combined area of both senior housing development signs shall not exceed 20 square feet. Such signs shall not exceed six feet in height and must be set back at least 15 feet from the edge of pavement.
(22) 
Each dwelling unit shall be equipped with a fire alarm system that provides an exterior light designating the unit initiating the alarm. The system shall have an exterior alarm and shall be approved by the Town Board or its agents. A fire alarm system shall also be provided for all common areas (i.e., halls, recreation areas, service areas and so on). An external fire warning light should be on the face of the building that is visible from the street for each building.
(23) 
The Town Board shall have the right to require the applicant to dedicate to the Town all new water supply and wastewater systems, streets and recreational areas.
E. 
Density. In designating an SH District, the Town Board shall first determine that there will be no significant environmentally damaging consequences and that any increase in density is compatible with the development otherwise permitted. The maximum number of dwelling units per acre (gross density) permitted in an SH District shall not exceed five times the number of dwellings that would otherwise be permitted in a single-family detached residential subdivision.
(1) 
To determine the number of dwelling units permitted by the underlying zoning, a conventional layout yield subdivision map shall be provided conforming to all requirements of the underlying zoning district but excluding easements, roads and streets, slopes of 25% and greater, water bodies, floodplains, wetlands or other significant natural and cultural features identified on the site from the minimum lot area calculations.
(2) 
Where the underlying zoning does not permit single-family detached dwellings, the minimum lot area and bulk requirements for purposes of laying out the yield subdivision map shall utilize the full density bonus (four options density) lot area per dwelling unit allowed for cluster subdivisions as described in § 164-41.1D(2)(e)[7] and located in the Suburban Residential Low-Density (SL) District.
(3) 
An additional density bonus may be granted, subject to all provisions of § 261-b of the Town Law, if the Town Board determines that the applicant has provided additional community benefits, such as affordable senior housing or another suitable amenity.
F. 
Severability. If any section, subsection, paragraph, clause, phrase or provision of this section shall be judged invalid or unconstitutional by any court of competent jurisdiction, any judgment made thereby shall not affect the validity of this section as a whole or any part thereof other than the part or provision so judged to be invalid or unconstitutional.
G. 
Exclusions. This section does not permit nursing homes, convalescent homes, private proprietary homes, homes for the aged or any other facilities regulated and licensed by the New York State Department of Health under the Public Health Law of the State of New York.
H. 
Responsible party. In senior housing developments, one person shall be designated as a responsible party and shall be the informational center for the complex. The designated responsible party shall be on duty a minimum of four hours per day and shall have an emergency number posted 24 hours per day.
I. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
APARTMENT
A suite of rooms in a one- or two-story building where the rooms are rented.
APPLICANT
Any person, corporation or other entity applying for a senior housing (SH) zoning designation.
CONGREGATE HOUSING
Housing where each resident has an individual, usually private, housing unit which contains a sitting space, kitchen and bathroom, in addition to a bedroom. A resident may share a common kitchen, dining room and living room with one or more residents. In congregate housing developments, services provided shall include but not be limited to central food service, social service and referral consultation, housekeeping assistance and central laundry.
CONVENTIONAL LAYOUT
A plan illustrating the total number of residential dwellings that could be developed on a site using the zoning requirements of the existing zoning district and excluding unbuildable areas.
DENSITY
The permitted number of dwelling units per gross acre of land to be developed.
OPEN SPACE
Any area of land or water essentially unimproved and set aside, dedicated, designated or reserved for recreation or conservation or left in its natural state.
PARKING AREA
The minimum area required for meeting the parking requirements of the senior housing development plus landscaping.
PARKING LANE
A lane usually located on the sides of streets, designed to provide on-street parking for vehicular traffic.
PARKING SPACE
An area provided for the parking of a motor vehicle.
PERVIOUS SURFACE
A surface that permits full or partial absorption of stormwater.
SETBACK
The distance between the front line of a building (or any projection thereof) and a street right-of-way line or property boundary. Automobile parking or other structures, other than a permitted fence, are excluded from setback areas.
SIDEWALK
A paved path provided for pedestrian use.
[Amended 9-11-2003 by L.L. No. 4-2003; 2-18-2010 by L.L. No. 1-2010; 10-8-2015 by L.L. No. 4-2015]
A. 
Special permit use. Campgrounds are a special permit use consisting of a tract of land designed exclusively for overnight and temporary vacation camping, providing facilities for tents, camp trailers, travel trailers, recreational vehicles, recreation activities, administration, public health and safety.
[Amended 10-27-2016 by L.L. No. 4-2016]
B. 
Density. Campgrounds shall not exceed an average gross density of three campsites per acre, as approved by the Planning Board.
C. 
Minimum lot size. The minimum lot size shall be 45 acres.
D. 
Minimum campsite area. The minimum campsite area for recreational vehicles shall be 3,000 square feet in area with a minimum average width of 30 feet. The minimum campsite area for tent sites, with or without water and electric, shall be 1,250 square feet.
E. 
Minimum campground lot frontage. The minimum lot frontage shall consist of 200 feet of frontage on a state or county highway. Where a parcel of land does not have 200 feet of frontage on a state or county highway, a minimum frontage of 50 feet may be permitted for use as an easement for gaining access to a larger parcel that would otherwise meet the requirements of the special permit use. The front yard of such a parcel shall begin at the point where a line running parallel to the state and county highway equals 200 feet.
F. 
Yard and space requirements are as follows:
(1) 
Yard requirements, campground.
(a) 
Front yard: 100 feet.
(b) 
Side yard: 100 feet.
(c) 
Rear yard: 100 feet.
(d) 
No campsite shall be within 100 feet of any property line or within 100 feet of any water body.
G. 
Water supply. The site shall be serviced by a municipal or approved private water system, reviewed and permitted by the Orange County Health Department under the New York State Public Health Law Section 225 and its rules and regulations for campgrounds in Part 7, Subpart 7-3.[1] Pursuant to Chapter 82 of the Town Code, the Office of the Building Inspector shall assist in the enforcement of such rules and regulations.
[1]
Editor's Note: See 10 NYCRR 7.
H. 
Sewage disposal. The site shall be provided with a municipal or approved private sanitary sewage disposal system, reviewed and permitted by the Orange County Health Department under the New York State Public Health Law Section 225 and its rules and regulations for campgrounds in Part 7, Subpart 7-3. Pursuant to Chapter 82 of the Town Code, the Office of the Building Inspector shall assist in the enforcement of such rules and regulations.
(1) 
Flush toilets shall be provided.
(2) 
The sewage treatment facility design shall be based on the water supply design flow, plus infiltration, and approved by the Town Engineer. The location of septic tanks, distribution lines and disposal fields shall be as approved by the Town Engineer.
I. 
Service buildings. Service buildings housing sanitation facilities shall be constructed and maintained in accordance with the following specifications:
(1) 
They shall be permanent structures complying with all applicable laws, ordinances and statutes regulating buildings, electrical installations and plumbing and sanitation systems.
(2) 
The service buildings shall comply with the Town lighting regulations found at § 164-43.4 and shall be well-ventilated with screened openings, shall be constructed of moisture-proof materials such as painted or woodwork, shall permit repeated cleaning and washing, and shall be maintained at a temperature of at least 68° F during the period from October 1 to May 1. The floors of the service buildings shall be concrete or similar materials.
(3) 
All service buildings and the ground of the site shall be maintained in a clean, sightly condition and kept free of any condition that will menace the health of any occupant or the public or constitute a nuisance.
J. 
Electrical service. Each campsite shall be provided with at least a twenty-ampere, one-hundred-ten-volt electrical service.
K. 
Solid waste disposal. The owner of a campground shall provide for the collection of refuse and garbage daily and shall also conveniently locate fly-tight refuse containers on or near each campsite. Refuse containers shall be cleaned, covered and maintained as often as may be necessary to promote a wholesome and non-odorous condition to prevent the breeding of insects therein.
L. 
Vehicular access. Each campground shall be provided with two means of access from county and/or state roads. Sight distances at the entrance and exit must be in compliance with all appropriate Town, county and state regulations. In the event that two separate means of access cannot be provided due to a lack of adequate sight distance at the point of access or egress or due to limited frontage on a state or county highway, the Planning Board may approve an alternate design that will ensure adequate safety.
M. 
Streets. Each campground shall provide a collector street with a minimum width of 18 feet for two-way traffic and 10 feet for one-way traffic. As a minimum, the street shall be constructed with a gravel base with adequate drainage and a water-bound blacktop surface as approved by the Town Engineer. Radius of curvature shall be 50 feet minimum. Grades shall not exceed 10%.
N. 
Parking. Parking spaces for automobiles shall be 18 feet long and 12 feet wide with an eight-foot-wide strip of washed crushed stone or shale or two-inch blacktop slabs over gravel on a stabilized surface. Parking spaces for automobiles with trailers shall be 50 feet long and 14 feet wide and consist of a ten-foot-wide strip of washed crushed stone or shale or two-inch blacktop slabs over gravel on a stabilized surface.
O. 
Illumination. Sufficient exterior illumination of the site shall be required to provide convenience and safety. All such illumination shall be in compliance with § 164-43.4 and shall be shielded from the view of all surrounding properties and streets.
P. 
Campground stores. Campground stores are permitted to be located within the campground site and may be part of the office.
Q. 
Ancillary facilities. Plans for ancillary facilities, such as stores, offices, swimming pools, service buildings, etc., shall be submitted to the Planning Board for site plan approval along with the overall development.
R. 
Landscaping. The entire site shall be suitably landscaped. All landscaping shall be approved by the Planning Board and properly maintained after planting.
S. 
Screening. All campground sites shall be screened from the view of adjacent properties and adjoining public highways by means of an opaque screen of plant materials and/or fencing. All screening shall be approved by the Planning Board, properly maintained after placement and located within the required front, rear and side yards.
T. 
Playfields. All campgrounds shall provide one or more playfield areas equal to 10% of the campground's developed areas. The playfield may include a suitably improved, fenced and equipped children's play area or other recreational facilities for use by the campers.
U. 
Resident manager. No permanent structures shall be permitted for use as living quarters, with the exception of those of the resident manager, property owner, and one site manager per 50 campsites. The, resident manager or owner shall be on the premises on a regular basis.
V. 
Occupancy. Occupancy by an individual or group of individuals in any form of permitted temporary, movable or portable shelter or recreational vehicle (campground union) shall be for a period of not longer than 210 days in any twelve-month period, and all campground units shall only be in the designated campground space for no more than 210 days in any twelve-month period, unless the following conditions are met and maintained on a continuing basis:
[Amended 10-27-2016 by L.L. No. 4-2016; 7-13-2023 by L.L. No. 3-2023]
(1) 
The campground shall require that all campground unit owners who intend to occupy a designated campground space on an annual basis, with a campground unit which they privately own, execute a site rental agreement, in a form acceptable to the Town, referring to this section of the code acknowledging that the campground unit shall not be the primary residence of the owner and no children shall attend public schools with the campground being provided to the school district as the primary residence of the child. Prior to signing a campground site rental agreement, each campground unit owner shall provide proof of primary residency by submitting a state issued driver's license and such information shall be confirmed by the campground by background check. Cosies of all agreements and supporting documents, or inspection thereof, shall be provided to and/or permitted to the Town upon request.
(2) 
Annual renewal of any campground permit shall be subject to the occupancy limitations stated herein and compliance with the quarterly record of occupancy to be filed with the Town Building Department.
(3) 
A quarterly record of occupancy for each campsite shall be submitted to the Town Building Department no later than April 30th, July 31st, October 31st, and January 31st of each year of operations, such records to be on forms specified by and maintained by the Building Department.
(4) 
The quarterly record of occupancy shall include a map showing the location of each campsite and its occupancy during the quarterly period.
(5) 
A gated entry system into the campground shall be installed which will monitor and log daily trip information of registered campground unit owners. Only vehicles registered to a particular campground unit owner shall be permitted to enter the campground. The campground manager shall also be making daily inspections of any unauthorized vehicles.
W. 
Recreational facilities. Recreational facilities, such as golf courses, tennis courts, swimming pools and camp recreational facilities, shall be for campground guests only.
(1) 
Swimming pools shall be classified and located as follows:
Type of Class
Maximum Area Square Feet
Minimum Setback From Any Property Line
(feet)
A
Over 3,500
175
B
2,501 to 3,500
150
C
1,501 to 2,500
125
D
1,500 or less
100
(2) 
All recreational facilities shall comply with the following minimum setback requirements:
Type of Facility
Minimum Setback From Any Property Line
(feet)
Handball courts
100
Basketball courts
100
Baseball diamond (not outfield)
100
Volleyball courts
100
Concession stands
100
Casino buildings
100
Concentrated picnic area (tables, barbecue pits, etc.)
100
Outfield relative to baseball or softball
100
Parking areas
100
Picnic grounds (not improved)
100
Games normally involving less than 10 people, such as horseshoe pits, nature trails, etc.
100
Golf course fairways
100
(3) 
Lighting. If outdoor lighting is provided for any of the foregoing recreational facilities, including swimming pools, which permits the use of facilities after 10:00 p.m., the applicable setback requirements for such facility shall be doubled. All lighting shall be located so that its source shall not be visible from any adjoining property and is in compliance with § 164-43.4 of the Zoning Law.
(4) 
Noise. Public address systems or any other amplified noises are prohibited.
(5) 
Swimming pools. Swimming pools shall comply with the New York State Public Health Law Section 225 and its rules and regulations for campgrounds in Part 7, Subpart 7-3.12.[2]
[2]
Editor's Note: See 10 NYCRR 7.
(6) 
Buildings. All structures shall be of a permanent nature.
X. 
Fire protection. The property owner shall ensure that adequate fire protection equipment is on the premises at all times, as recommended by the Building Inspector and appropriate officials of the Fire District in which the campground is situated.
Y. 
Public phone. The campground shall have at least one public telephone located where it is accessible by campers 24 hours a day.
Z. 
Renewal of permit. Each permit issued for a campground shall be valid for a period of 12 months from the date of use. Renewal applications shall be filed with the Building Inspector not more than 60 days prior to the expiration of the twelve-month period. Prior to the issuance of a renewal permit, the Building Inspector shall inspect the campground premises for compliance with all application regulations. Thereafter and within 30 days of the expiration of the twelve-month period, the Building Inspector shall submit a report, in writing, to the Planning Board. The Board shall automatically renew the permit unless it finds a substantial failure to comply with these regulations as reported by the Building Inspector. In the event that the Board finds there has been a substantial violation of these regulations, then it shall hold a public hearing to determine the renewal of the permit.
AA. 
Fees. An application fee as stipulated in Chapter 75, Development Fees, shall be paid prior to site plan approval. A fee for renewal each year shall be determined by the Town Board.
BB. 
Performance bond. A performance bond, as determined by the Planning Board, shall be provided to ensure the proper installation of improvements.
CC. 
Nonconforming structures. Nonconforming structures, which do not conform to the provisions herein or any section of Town Code, shall be deemed nonconforming structures and shall be removed on or before the expiration of 18 months from the effective date of the Town of Warwick Local Law No. 4 of 2015 and such lapse of time shall be deemed sufficient to amortize the cost thereof.