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.
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:
[Amended 10-24-2002 by L.L. No. 6-2002]
(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.
[Added 2-18-2010 by L.L. No. 1-2010]
(e)
The maximum size of a shed accessory to a townhouse shall be 80 square
feet.
[Added 2-18-2010 by L.L. No. 1-2010]
(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.
[Added 2-18-2010 by L.L. No. 1-2010]
(g)
Aboveground pools and hot tubs between 24 and 52 inches in height
shall meet New York State Building Code barrier requirements.
[Added 2-18-2010 by L.L. No. 1-2010]
(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.
[Amended 10-24-2002 by L.L. No. 6-2002]
(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.
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.
[Amended 10-24-2002 by L.L. No. 6-2002]
(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)
Fences or walls not over four feet in height may be erected anywhere on the lot, except as set forth in § 164-41B(1) of this section, which limits visibility at intersections. Fences or walls with a height in excess of six feet shall conform to the requirements set forth herein for buildings. Fences or walls not over six feet in height may be erected anywhere on the lot, provided that the fence or wall is beyond the required front yard setback. Paved terraces, steps and walks (other than those needed for access to the building lot) shall not project within 15 feet of a street or four feet of a property line.
[Amended 10-24-2002 by L.L. No. 6-2002; 10-27-2016 by L.L. No. 4-2016]
[1]
The use of barbed wire, barbed tape, razor wire, razor ribbon or
other similar security barrier with the potential to inflict injury
is prohibited for residential use in the Town of Warwick.
[Added 2-18-2010 by L.L. No. 1-2010]
[2]
The use of barbed wire is permitted for commercial agriculture, but
is discouraged.
[Added 2-18-2010 by L.L. No. 1-2010]
[3]
The use of barbed wire, barbed tape, razor wire, razor ribbon or
other similar security barrier with the potential to inflict injury
is permitted for commercial use, provided such security barrier is
installed on the top of fencing with a height of six feet above the
ground, but is discouraged.
[Added 2-18-2010 by L.L. No. 1-2010]
(g)
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.
(h)
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.
(i)
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.
[Added 6-11-2015 by L.L.
No. 2-2015]
(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:
[Amended 4-26-2018 by L.L. No. 2-2018]
(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.
(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.
[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]
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)
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.
(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.
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.
(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.
[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.
(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
(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:
(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.
(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.
(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]
(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.
(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:
(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.
(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).
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.
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:
(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.
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.
(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.
M.
AWNING
PRINCIPAL FACADE
SIGN
SIGN, AREA
(1)
(2)
(3)
SIGN, AWNING
SIGN, FREESTANDING
SIGN, HEIGHT
SIGN, INTERNALLY ILLUMINATED
SIGN, LIGHTING
SIGN, MONUMENT
SIGN, OFF-PREMISES OR BILLBOARD
SIGN, POLE
SIGN, PORTABLE
SIGN, POST-AND-ARM
SIGN, POSTER
SIGN, PRIMARY
SIGN, PROJECTING
SIGN, ROOF
SIGN, SECONDARY
SIGN SETBACK
SIGN, TEMPORARY
SIGN, WALL
SIGN, WINDOW
Definitions. The following definitions apply to terms used in this
section:
Any nonrigid material such as fabric or flexible plastic
that is supported by a frame that is attached to an exterior wall.
The face of a building which contains the primary entrance
to the establishment.
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.
Includes all faces of a sign measured as follows:
When any sign is framed or outlined, all of the area of the
frame or outline shall be included;
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;
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.
Any visual message on an awning.
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.
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.
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.
External white light used to illuminate a sign.
A freestanding sign either with a base affixed to the ground
or mounted on short poles no greater than two feet high.
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.
A freestanding sign with the base of the actual sign area
at least five feet above the ground supported by vertical pole(s).
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.
A freestanding sign comprised of a vertical post to which
a perpendicular arm is attached and from which the sign hangs.
A sign affixed to trees, other natural vegetation, rocks,
or utility poles.
An establishment's principal sign, i.e., the sign which identifies
the business to passersby, communicating the most pertinent information.
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.
A sign erected on a roof or extending in height above the
roofline of the building on which the sign is erected.
A sign which communicates accessory information, e.g., hours
of operation, different products sold.
The distance from the property line to the nearest part of
the applicable building, structure or sign, measured perpendicularly
from the property line.
Any sign that is displayed only for a specified period of
time and is not permanently mounted.
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.
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)
EMPLOYEE
GARAGE, PRIVATE
GARAGE, PUBLIC
GROSS FLOOR AREA (GFA)
GROSS LEASABLE AREA (GLA)
[1]
[2]
[3]
[4]
OCCUPIED SPACE
OFF-STREET PARKING FACILITY
[1]
[2]
[3]
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.
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.
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.
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.
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:
The gross floor area minus the following floor area deductions:
Elevator shafts and stairways.
Public restrooms.
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.
Permanently designated corridors (i.e., not
subject to relocation by the requirements of a specific lease).
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.
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:
SURFACE PARKING LOTA parking facility constructed on prepared grade and without a covering roof or structure.
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.
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)
(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.
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.
FOOTCANDLE (FC)
FULLY SHIELDED FIXTURE
GLARE
HEIGHT OF THE LUMINAIRE
ILLUMINANCE
LIGHT TRESPASS
LUMINAIRE
LUX
OUTDOOR LIGHTING
OUTDOOR LIGHTING FIXTURE
RECESSED CANOPY FIXTURE
UPLIGHTING
WALLPACK FIXTURES
Definitions. The following definitions apply to terms used in this
section:
A unit of illuminance amounting to one lumen per square foot.
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.
The eye's line-of-sight contact with a direct light source
that causes annoyance, discomfort, or loss in visual performance and
ability.
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.
Density of luminous flux incident on a surface. Unit is footcandle
or lux.
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.
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.
One lumen per square meter; unit of illuminance.
The nighttime illumination of an outside area or object by
any man-made device located outdoors that produces light by any means.
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.
An outdoor lighting fixture recessed into a canopy ceiling
so that the bottom of the fixture is flush with the ceiling.
Any light source that distributes illumination above a ninety-degree
horizontal plane.
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:
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.
Removal of trees and topsoil, grading, excavation, mining and exploratory and production drilling shall be regulated in accordance with Chapter 150, Tree and Topsoil Removal; Grading and Excavating.
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.
(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]
(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
(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.
(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).
(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).
(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]
(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]
(a)
Subdivisions of land into 10 or more lots for
single-family dwellings are required to include 10 percent of the
total number of dwelling units within the subdivision as affordable
housing units. As an incentive, a density bonus of 10 percent 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. All 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.
(d)
Minimum design and construction standards for
affordable units. 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.
(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 percent 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.
(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]
(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.
(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.
(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.
(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:
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.
(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.
(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.
(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.
(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.
(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
(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]
(b)-1.tif.SM.png "164-47D(1)(b)-1.tif")
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.
(b)-1.tif.png "164-47D(1)(b)-1.tif")
[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)
(e).tif.SM.png "164-47D(2)(e).tif")
Garages, carports and secondary units shall
be located a minimum of 20 feet behind the front facade of the principal
building.
(e).tif.png "164-47D(2)(e).tif")
(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)
(f).tif.SM.png "164-47D(3)(f).tif")
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.
(f).tif.png "164-47D(3)(f).tif")
(g)
(g).tif.SM.png "164-47(3)(g).tif")
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.
(g).tif.png "164-47(3)(g).tif")
(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.
I.
ADT
ALLEY
ANTIQUE STORE
BAKERY
BANK
BAR OR TAVERN
BLOCK
BUILDING, FOOTPRINT
BUILDING, MASS
BUILDING, SCALE
BUILD-TO LINE
CENTER SQUARE
COURTYARD
CURB RADIUS
DRUGSTORE
FASCIA
FENESTRATION
GABLE
GREENS
GRID STREET PATTERN
GROCERY STORE
GROUP OF BUSINESSES
HUMAN SCALE
LIBRARY
MAIN STREET AREA
MODIFIED GRID STREET PATTERN
NEIGHBORHOOD MOTOR VEHICLE SERVICE STATION OR GARAGE
PEDESTRIANWAY
PILASTER
PITCH
PORTICO
PROPORTION
QUEUING
RESTAURANT
RETAIL STORE OR SHOP
RHYTHM
RHYTHM OF SOLIDS TO VOIDS
SECONDARY DWELLING UNIT
SIDEWALK
SIDEWALK DISPLAY
STREET FURNITURE
STREETSCAPE
TRADITIONAL NEIGHBORHOOD
VISUALLY IMPERVIOUS
Definitions. Words used in § 164-47 carry the following meanings:
Average daily traffic volumes on a street.
A public or private way located through the interior of blocks
and permanently reserved as a secondary means of access to abutting
property.
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.
A shop where baked goods are sold or offered for sale by
retail, including incidental baking of products for retail sale on
the premises.
An institution where money is deposited, kept, lent, or exchanged.
A retail business licensed by the New York State Liquor Authority
for the sale of on-premises consumption of alcoholic beverages.
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.
The ground floor area of any building measured from the outside
of the exterior walls.
The three-dimensional bulk of a structure: height, width,
and depth.
The relationship between the mass of a building and its surroundings,
including the width of street, open space, and mass of surrounding
buildings.
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.
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.
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.
The curved edge of streets at an intersection measured at
the outer edge of the street curb or of the parking lane.
A store where the primary business is the filling of medical
prescriptions and the sale of drugs, medical devices, and supplies
and nonprescription medicines.
A projecting flat horizontal member or molding on a building;
also part of a classical entablature.
Window and other openings on a building facade.
The part of the end wall of a building between the eaves
and a pitched or gambrel roof.
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.
An interconnected system of streets that is primarily a rectilinear
grid in pattern.
A retail establishment primarily selling food as well as
other convenience and household goods.
Two or more retail establishments or offices sharing certain
facilities such as buildings, parking, public utilities, and open
space.
The relationship between the dimensions of a building, structure,
street, open space, or streetscape element and the average dimensions
of the human body.
A building containing printed, pictorial and electronic material
for public use for purposes of study, reference, recreation and relaxation.
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.
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.
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.
A right-of-way, publicly or privately owned, intended for
human movement by walking.
A column partially embedded in a wall, usually nonstructural.
The angle of slope of a roof.
An open-sided structure attached to a building sheltering
an entrance or serving as a semienclosed space.
The relationship or ratio between two dimensions, i.e., width
of street to height of building wall, or width to height of window.
The use of one travel lane on local streets with parking
(usually an intermittent parking pattern) on one or both sides.
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.
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.
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.
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.
An additional rental dwelling unit located within the principal
dwelling on the lot, in a freestanding building, or above a residential
garage.
A paved path provided for pedestrian use and usually located
at the side of a road within a right-of-way.
The outdoor display of merchandise for sale by a commercial
establishment. The displayed merchandise must be similar to the merchandise
sold within the establishment.
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.
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.
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.
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:
[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.
[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]
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.
DEVELOPMENT RIGHTS
RECEIVING DISTRICT
RECEIVING PARCEL(S)
SENDING DISTRICT
SENDING PARCEL(S)
TRANSFER OF DEVELOPMENT RIGHTS (TDR)
Definitions. As used in this section, the following
terms shall have the meanings indicated:
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).
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.
Parcel(s) of land within a receiving district to which development
rights may be transferred.
A designated overlay zoning district in which development
rights are designated for use in one or more receiving districts.
Parcel(s) of land within a sending district from which development
rights may be transferred.
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.
COMMUNITY BENEFITS OR AMENITIES
INCENTIVES
OPEN SPACE PRESERVATION ZONING
Definitions. For the purpose of this article, the
terms used are defined as follows:
Open space which has physical, social or cultural benefit
to the residents of the community.
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.
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.
(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).
[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.
 Image.tif.png "164-47.10B(9) Image.tif") |
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.
(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:
(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]
(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:
(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.
(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.
(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.
(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:
(b)
The following minimum illumination guidelines
should be followed for interior lighting:
(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.
APARTMENT
APPLICANT
CONGREGATE HOUSING
CONVENTIONAL LAYOUT
DENSITY
OPEN SPACE
PARKING AREA
PARKING LANE
PARKING SPACE
PERVIOUS SURFACE
SETBACK
SIDEWALK
Definitions. As used in this section, the following
terms shall have the meanings indicated:
A suite of rooms in a one- or two-story building where the
rooms are rented.
Any person, corporation or other entity applying for a senior
housing (SH) zoning designation.
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.
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.
The permitted number of dwelling units per gross acre of
land to be developed.
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.
The minimum area required for meeting the parking requirements
of the senior housing development plus landscaping.
A lane usually located on the sides of streets, designed
to provide on-street parking for vehicular traffic.
An area provided for the parking of a motor vehicle.
A surface that permits full or partial absorption of stormwater.
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.
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.
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.
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.
(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.
