[Amended 6-11-1979 by L.L. No. 10-1979; 8-15-1988 by L.L. No.
5-1988]
When in the opinion of the Planning Board with respect to subdivisions,
after receiving the recommendation of the Highway Department, and
in the opinion of the Superintendent of Highways with respect to previously
approved or preexisting lots, the installations of concrete sidewalks
or curbs should be deferred, the applicant shall execute an enforceable
covenant running with the land, approved by the Town Attorney, providing
for the installation of such concrete sidewalks or curbs at the full
cost or expense of the owner of the property, upon 30 days' notice
by the Town. The Superintendent may also request in lieu of a covenant
running with the land a cash payment for the value of the cost of
the installation of the sidewalks and curbs based on the last bid
price obtained by the Town for such installation.
Structural alterations which increase the floor area of the
principal building by more than 50% in a residential use shall be
permitted only if the applicant provides for the installation of sidewalks
and curbs to the extent that they are not provided for the street
frontage involved. All new nonbuilding land uses nonresidential in
character shall also require provisions for concrete sidewalks and
curbs.
[Amended 8-15-1988 by L.L. No. 5-1988; 7-24-2018 by L.L. No. 8-2018]
All references herein contained to certain standards which indicate a publisher and date are hereby deemed to mean the latest revised edition of such standard. Where a federal, state, county or local agency promulgates applicable standards which are inconsistent with, or different from, those herein enumerated, the more restrictive standards shall control. Unless otherwise stated, all citations to statutory sections ("§") are from Chapter
43, the Zoning Code, of the Code of the Town of Orangetown (hereinafter referred to as "Orangetown" and "Zoning Code").
4.11. Applicable to all nonresidential uses. No land or building shall be used or occupied for a nonresidential use in any manner as to create any dangerous, injurious, noxious or otherwise objectionable fire, explosive, radioactive or other hazard; noise or vibration; smoke, dust, odor or other form of air pollution; electrical or other disturbance; glare; liquid or solid refuse or wastes; a condition conducive to the breeding of rodents or insects or other substance, condition or element, all referred to herein. as "dangerous or objectionable elements," in a manner or amount as to adversely affect the surrounding area. With the exception of those nonresidential uses expressly prohibited by §
4.4, any nonresidential use that complies with §
4.1; (Performance standards), shall not be in violation of this section and may be maintained.
[Amended 7-13-2021 by L.L. No. 6-2021]
4.12. Performance standards procedure. Only those uses specified in the Zoning Code's Use Table, Columns 2, 3 and 4, are subject to the performance standards procedure of § 4.121(c), requiring the review of performance standards conformance, and a determination thereof, by the Industrial Use Committee ("IUC") prior to obtaining a building permit. An operator of any use subject to § 4.121(c) shall hereinafter be referred to as "industrial user." If the Building Inspector has reasonable grounds to believe that any other proposed use, operation or occupancy, including any building, use or occupancy accessory to a use subject to performance standards procedure, may violate performance standards, then the Building Inspector may present such finding to the IUC, and the IUC; after providing the industrial user 15 days' advance notice, by any reasonable manner, and an opportunity to be heard, may i) direct such industrial user to comply with the procedure in § 4.121(c) in obtaining a building permit; or ii) determine that compliance therewith is unnecessary. When the Building Inspector has reasonable grounds to believe a building or use may be in violation of performance standards previously established by the IUC or the ZBA (as the IUC' s predecessor), the Building Inspector may present such a finding to the IUC. After providing the industrial user an opportunity to be heard upon at least 15 days' advance notice, provided by any reasonable manner, the IUC may then i) direct such industrial user to comply with the procedure in § 4.121(c) or ii) determine that compliance therewith is not necessary. Any alteration or change to an existing building, use, operation or occupancy, otherwise subject to §
4.1, shall not require IUC review and approval where the proposed alteration or change does not detrimentally impact or affect operations, uses or occupancies already subject to performance standard(s) established by the IUC or the ZBA (as the IUC's predecessor). The determination as to whether such an alteration or change poses a detrimental impact or effect shall be made by the Building Inspector (who may consult with members of the IUC, in accordance with the Public Officers Law).
[Amended 7-13-2021 by L.L. No. 6-2021]
4.121. Industrial
Use Committee.
[Added 7-13-2021 by L.L.
No. 6-2021]
(a)
Establishment and membership. There shall be an Industrial Use
Committee of five members, hereinafter referred to as the "IUC." The
members shall consist of i) the Commissioner of Orangetown's Department
of Environmental Management and Engineering ("DEME"), who shall serve
at its Chairperson, ii) Orangetown's Chief Fire Safety Inspector,
iii) the Director of Orangetown's Office of Building, Zoning and Planning
Administration and Enforcement ("OBZPAE"), iv) Orangetown's Public
Health Engineer, and v) the Deputy Commissioner of DEME or his or
her designee who shall be a member of DEME staff. A majority of the
full membership of the IUC, regardless of vacancies, absences or recusals,
shall constitute a quorum. The Town Board may remove any member of
the IUC for cause and may then appoint a replacement member who has
similar qualifications.
(b)
Powers. The IUC is authorized and empowered to review applications requesting a determination for conformance to the performance standards for uses, operations and occupancies subject to performance standards (§
4.1), pursuant to the procedures set forth herein. The IUC shall also be responsible for review of an alleged noncompliance with the performance standards by an industrial user to determine whether remedial action is necessary and to bring the industrial user into compliance with the applicable performance standard(s), which review shall include the approval of remedial action, as necessary. Meetings of the IUC shall be open to the public pursuant to Article 7 of the New York State Public Officers Law. The IUC's meetings shall not be conducted by a public hearing and the public shall not have a right to be heard; however, the industrial user/applicant shall be offered an opportunity to be heard, and the IUC may invite members of the public to submit reports or correspondence, or to be heard at a meeting, subject to any restrictions, limitations or guidelines that the IUC Chairperson deems appropriate.
(c)
Procedures for review of an application requesting an IUC determination
that a proposed use conforms to the performance standards.
(i)
Application. An application for a review requesting an IUC determination that a proposed use conforms to the performance standards shall be submitted to the Building Inspector in septuplicate on a form prescribed by the IUC, which shall include, but not be limited to, a description of the industrial user's operations, which shall be prepared, and signed, by a person who is qualified to answer the questions and submit documentation on behalf of the applicant. Upon receipt, this application shall be referred by the Building Inspector to the IUC. The applicant shall also submit in septuplicate a plan of the proposed construction, installations or development, including a description of the proposed machinery, operations, products and specifications for the mechanism and techniques to be used or operated to comply with the applicable performance standards set forth in §
4.1, in accordance with rules prescribed by the IUC specifying the type of information required in such plans and specifications, and an affidavit by the applicant acknowledging his or her understanding of the applicable performance standards and agreement to conform with same at all times.
Unless deemed necessary, by the IUC, for the IUC to undergo
a proper review, no applicant will be required to reveal any secret
or proprietary processes, and, if any such information is submitted
to the IUC, it shall be treated as confidential if requested by the
applicant, but only if the information constitutes a trade secret,
or, if disclosed, would cause substantial injury to the competitive
position of the applicant, within the meaning of NYS Public Officers
Law § 87(2)(d). The applicant has the burden to substantiate,
to the IUC, the applicant's assertion that the information constitutes
a trade secret, or, if disclosed would cause substantial injury to
the competitive position of the applicant.
The fee for an application requesting the IUC's review to determine conformance with the performance standards shall include the establishment of an escrow account, pursuant to §
14-9 of the Code of the Town of Orangetown ("Orangetown Code"), which escrowed funds shall be for the purpose of reimbursing the Town for the anticipated estimated costs of the IUC's expert consultants' investigations and reports required to process the application, described in the succeeding Subsection
(ii) below; and which escrowed funds may be drawn or disbursed by the Town without obtaining permission or authorization from the applicant.
The Chairperson of the IUC shall determine whether an application, requesting the IUC's review to determine conformance with the performance standards, is complete; and the Chairperson may confer, informally, with the IUC, so long as a quorum of the IUC does not participate in any such conference, or may engage or retain expert consultant(s) to advise and assist the Chairperson with respect to determining completeness of an application, the fees of which consultant(s) shall be paid by the industrial user (as per Orangetown Code §
14-9).
(ii)
Report by expert consultants. The IUC, in its discretion, may refer the application, for investigation and report, to one or more expert consultants selected by the IUC as qualified to advise as to whether a proposed use will conform to the applicable performance standards specified in §
4.1, in accordance with § 4.13, the fees of which consultants shall be paid by the applicant, as per Orangetown Code §
14-9.
(iii) The IUC's review of an application requesting
a determination that a proposed use conforms to the performance standards
entails the IUC engaging in a review of an application to determine
compliance with technical requirements and is, therefore, a Type II
action, exempt from environmental review, pursuant to SEQRA regulation
§ 617.5 of 6 NYCRR Part 617.
(iv)
Determination of the IUC. In no event more than 60 days after
the IUC Chairperson determines that an application is complete, or
within such further period as agreed to by the applicant and the IUC,
the IUC shall determine whether the proposed use will conform to the
applicable performance standards. Such determination of the IUC shall
be in written form and signed by the Chairperson, and shall be filed
in the offices of the Orangetown Town Clerk, OBZPAE and DEME, and
shall constitute a public record. Any permit or certificate of occupancy
issued by the Building Inspector shall be conditioned on, among other
things, the applicant's completed use, operation, occupancy, buildings,
structures, installations, machinery, equipment and appurtenances,
while being used and in operation, conforming to the IUC's determination
of conformance and applicable performance standards, and the applicant's
paying the fees for services of the IUC's expert consultant, or consultants,
deemed reasonable and necessary by the IUC for advice as to whether
or not the applicants completed use, operation, occupancy, buildings,
structures, installations, machinery, equipment and appurtenances
will, while being used and in operation, conform to the applicable
performance standards.
(d)
Annual monitoring and reporting.
(i)
Each and every year, on or before June 1, every industrial user
shall submit an affidavit to the Building Inspector, sworn to and
signed, under oath, by a qualified professional, attesting that the
use, occupancy, operations, processes and methods, and the completed
buildings, structures, installations, machinery, equipment and appurtenances,
that were determined by the IUC to be in conformance with the applicable
performance standards, as part of an application to the IUC for review
of performance standards conformance, have not been altered, modified
or changed, in any material manner whatsoever, other than routine
maintenance and repair. If the Building Inspector determines that
the said affidavit has not been executed by a qualified professional,
the Building Inspector may reject the affidavit.
(ii)
If the use, occupancy, operations, processes or methods or the completed buildings, structures, installations, machinery, equipment or appurtenances, that were determined to conform to the performance standards by the IUC, as part of an application to the IUC for review of performance standards conformance, have been altered, modified or changed, in any material manner whatsoever, other than routine maintenance and repair, then the industrial user shall submit, to the Building Inspector, a new description of the industrial user's use, occupancy and operations, in form and substance as described in § 4.121(c)(i); and, in addition, the industrial user shall apply for performance standards review by the IUC, in accordance with §
4.1, if determined to be necessary by the Building Inspector. In making such determination, the Building Inspector may confer, informally, with the IUC, so long as a quorum of the IUC does not participate in any such conference, or may engage or retain expert consultant(s) to advise and assist with respect to such alterations, modifications or changes, the fees of which consultants shall be paid by the industrial user (as per Orangetown Code §
14-9).
4.13.
Initial and continued
enforcement provisions.
[Added 7-13-2021 by L.L. No. 6-2021]
(a)
Initial, and continued, compliance with performance standards is required of every nonresidential use, or change in such use, operations or occupancy, including, but not limited to, those specified in § 10.231(c) in all zoning districts where such nonresidential uses are subject to §
4.1. All building permits and certificates of occupancy issued for a use subject to §
4.1 are conditioned, and contingent, upon the industrial user conforming to the performance standards, and the industrial user's paying of the fees, to the Town of Orangetown, for services of Orangetown's own expert consultants deemed reasonable and necessary by the Industrial Use Committee, for said consultants' inspections, investigations, research, studies, tests, advice and/or reports to determine compliance by the industrial user with the performance standards (§
4.1).
(b)
The industrial user's initial, and continued, compliance with the performance standards (§
4.1) shall include the following:
(i)
Upon reasonable notice, the industrial user's consent to inspections, investigations, and/or testing on the industrial user's site by OBZPAE, DEME, and/or the Orangetown-retained expert consultants. Such inspections, investigations, and/or testing shall be conducted while all mechanical equipment, machinery, installations and systems, that are appurtenant to the use that is subject to the performance standards (§
4.1), are in full operation to the extent, type and/or degree that OBZPAE, DEME, and/or the Orangetown-retained expert consultants reasonably deem necessary to verify compliance with the applicable performance standards. In the event of an imminent threat to the health and welfare of the surrounding community, access to the industrial user's site for purposes of such an inspection shall be permitted upon the request of OBZPAE and/or DEME.
(ii)
The industrial user's full, and complete, compliance with the performance standards (§
4.1) shall not supersede requirements for compliance with any and all laws, statutes, rules and regulations of the New York State Department of Environmental Conservation and federal Environmental Protection Agency, or any other state or federal law, rule or regulation that also may regulate the use, occupation and/or occupancy that is subject to the performance standards (§
4.1).
(c)
OBZPAE and/or DEME shall investigate any alleged violation of, or noncompliance with, the performance standards (§
4.1) by the industrial user. Such investigation shall be conducted in accordance with § 4.13(b)(i).
(d)
Except as provided in § 4.13(g), OBZPAE and/or DEME shall refer the industrial user to the IUC for review of the alleged violation or noncompliance with the performance standards (§
4.1). Upon receiving such referral, the IUC may further investigate the alleged violation or noncompliance if the IUC deems it necessary in its discretion, and, for such further investigation, the IUC may utilize, or retain, the services of OBZPAE, DEME, and/or the Orangetown-retained expert consultants.
(e)
If, after providing the industrial user reasonable advance notice and an opportunity to be heard, the IUC determines that a condition of noncompliance exists, then the IUC may direct the industrial user to develop a remedial action plan to address the condition of noncompliance. Such a plan shall be developed for presentation to the IUC within 30 days of its request unless the IUC extends this period. The IUC shall not conduct a public hearing, but shall provide the industrial user with reasonable advance notice and an opportunity to be heard. If the industrial user i) fails to appear before the IUC, ii) fails to develop a remedial action plan, or iii) presents a the remedial action plan that inadequately addresses the condition of noncompliance, then the IUC may, after providing the industrial user reasonable advance notice and an opportunity to be heard, revoke and rescind its determination of conformance with the performance standards (issued under §
4.1). Upon such revocation and rescission of the IUC's performance standards conformance determination, any building permit and/or certificate of occupancy that was issued pursuant to the IUC's performance standards conformance determination (§
4.1) shall also be deemed revoked and rescinded.
(f)
If a remedial action is determined to be satisfactory, or determined
to be satisfactory with conditions, by the IUC, then, upon such determination,
implementation of the remedial action by the industrial user shall
be a condition of any active and open building permit(s) and the eventual
certificate(s) of occupancy relating to same; or, if there are no
active and open building permit(s), then implementation of the plan
shall be incorporated, automatically and by operation of law, into
the most recent subsisting certificate(s) of occupancy.
(g)
If OBZPAE and/or DEME reasonably determines, based on an investigation conducted pursuant to § 4.13(c), that a violation of or noncompliance with the performance standards exists that constitutes an imminent threat to the health and welfare of the surrounding community, then OBZPAE and/or DEME may forego referring a condition of noncompliance to the IUC under § 4.13(d) and proceed to undertake enforcement against an industrial user through the prosecution of an alleged violation(s) in the Orangetown Justice Court pursuant to §§
10.2,
10.6 and/or 24C-3C, and/or commencement of a civil action or proceeding in the New York State Supreme Court, pursuant to New York State Town Law §§ 135(1) and/or 268(2). However, OBZPAE's and/or DEME's election to forego referring a condition of noncompliance to the IUC shall not be deemed a waiver or relinquishment of OBZPAE's and DEME's rights to proceed with such referral if either (or both) should elect to do so, whether contemporaneously while the Justice Court prosecutions and/or NYS Supreme Court civil action or proceeding are pending, or after any such prosecutions, and/or civil action or proceeding, have concluded.
4.14. Nonconforming uses. No use established before the effective date of this code and nonconforming as to performance standards shall be required to conform therewith, except manufacturing uses in R Districts, as provided in §
9.364.
4.15. Restrictions on creation of dangerous and objectionable elements.
Every use subject to performance standards shall conform to the restrictions
set forth in §§ 4.16, 4.17 and 4.18.
4.16. Measurement at the point of emission. The existence of the following
dangerous and objectionable elements shall be determined at the location
of the use creating the same or at any point beyond, and these shall
be limited as follows:
4.161.
Fire and explosion hazards. All activities and all storage of
flammable and explosive materials at any point shall be provided with
adequate safety devices against the hazard of fire and explosion and
adequate fire-fighting and fire-suppression equipment and devices
in accordance with the Fire Prevention Code of the Town of Orangetown. Storage of explosives is prohibited except in accord with
Article 16 of the Labor Law of the State of New York and regulations
established thereunder, and provided that no more than 50,000 pounds
be stored in any one magazine. Burning of waste materials other than
leaves, brush, cut timber and similar material burned in accord with
approved forestry practices, and more than two bushels of dry papers
or cardboard burned in open fires in any one day, is hereby prohibited.
The relevant provisions of other state and local laws and regulations
shall also apply.
4.162.
Radioactivity or electrical disturbance. There shall be no activities
which emit dangerous radioactivity at any point. There shall be no
electrical disturbances (except from domestic household appliances
and from communications equipment subject to control of the Federal
Communications Commission or appropriate federal agencies) adversely
affecting the operation at any point of any equipment other than that
of the creator of such disturbance.
4.163.
Smoke.
(a).
There shall be no emission and/or discharge to the atmosphere
from any chimney, stack, vent or otherwise, of visible black, gray
or white smoke other than that caused by steam, of a shade darker
than No. 1 on the Ringelmann Smoke Chart for not more than four minutes
in any 30 minutes, or exhibiting greater than 20% opacity (six-minute
average) per EPA Method 9.
(b).
Exceedance during two consecutive days requires the opacity
producer to conduct EPA Method 9 analysis within two business days
of occurrence, or evaluate continuous opacity monitoring systems (COMS)
during the same period. A facility-responsible person must notify
the Town within one business day of receiving the assessment results,
as well as provide any other credible evidence. The Town will evaluate
compliance and determine further action.
4.164.
Fly ash, dust, fumes, vapors,
gases and other forms of air pollution derived from combustion.
(a).
There shall be no emission and/or discharge which can cause
damage to the health of humans or other animals, or vegetation, buildings
or structures, or other forms of property, or which can cause excessive
soiling. Emissions related to combustion must comply with the standards
and regulations set forth in the New York State Department of Environmental
Conservation's 6 NYCRR 227, Stationary Combustion Installations, as
amended and/or supplemented from time to time, as applicable.
(b).
Ash, dust, fumes, vapors, gases and other forms of air pollution
not derived from combustion. There shall be no emission and/or discharge
which can cause any damage or injury to the health of humans and other
animals, or vegetation, buildings or structures or other forms of
property, or which can cause excessive soiling.
(c).
Emissions of air contaminants to the outdoor atmosphere from
any process emission source or emission point are restricted in accordance
with the New York State Department of Environmental Conservation's
6 NYCRR 212, Process Operations, as amended and/or supplemented from
time to time, as applicable.
4.165.
Liquid or solid wastes. There shall be no discharge at any point
into any private sewage-disposal system or stream or into the ground
of any materials in such a way or of such nature or temperature as
can contaminate any water supply or otherwise cause the emission of
dangerous or objectionable elements, except in accord with standards
approved by the State Department of Health, Water Pollution Control
Board or County Health Department. There shall be no accumulation
of solid wastes conducive to the breeding of rodents or insects.
4.17. Measurement at the lot line. The existence of the following dangerous
and objectionable elements shall be determined at the lot line of
the use creating the same or at any point beyond said lot line, and
these shall be limited as follows:
4.171.
Vibration. There shall be no vibration which is discernible
to the human sense of feeling for three minutes or more duration in
any one hour of the day between the hours of 7:00 a.m. and 7:00 p.m.
or of 30 seconds or more duration in any one hour between the hours
of 7:00 p.m. and 7:00 a.m. No vibration at any time shall produce
an acceleration of more than 0.1 g or shall result in any combination
of amplitudes and frequencies beyond the safe range of Table 7, United
States Bureau of Mines Bulletin No. 442, Seismic Effects of Quarry
Blasting, on any nearby structure. The methods and equations of said
Bulletin No. 442 shall be used to compute all values for the enforcement
of this section.
4.18. Measurement at other specified points. The existence of the following
dangerous and objectionable elements shall be determined at or beyond
the different locations in different districts in relation to the
establishment under consideration, and these shall be measured as
follows: (a) in any R District and CS, CC, CO, OP and MFR Districts,
25 feet from the principal building in any direction or at the lot
line if closer; (b) in LO, LIO and LI Districts at the boundary of
the R or MFR District nearest the establishment in any direction,
provided that such measurement shall not be taken from a point located
on any property owned or occupied by the applicant. [For the purpose
of investigating any purported violation of §§ 4.181,
4.182 and 4.183, as provided in § 8.335, observations shall
be taken on at least three nonconsecutive days at no less than three
points along or beyond the lines specified in (a) or (b) above. The
angles between the lines connecting any two adjacent points of measurement
and the establishment shall be as nearly equal as possible. If only
three points of measurement are used, such angles shall be at least
60°. When more than three points are used, such angles shall be
reduced proportionately.] The limitations on these elements are as
follows:
4.181.
Noise.
(a).
The sound-pressure level of noise radiated continuously from
a facility at nighttime shall not exceed the values given in Table
I in any octave band of frequency, in order to provide an environment
free from noise that affects a reasonable person's well-being or use,
enjoyment or value of property, or that interferes with a reasonable
person's repose of life, or would unreasonably or unnecessarily interfere
with public health, safety or welfare.
(b).
In the event of noise complaints arising from residents, commercial,
or other Town inhabitants, the sound-pressure level shall be measured
with a sound-level meter and an octave band analyzer that conform
to specifications published by the equipment manufacturers, and such
standards as published by the American National Standards Institute
(ANSI), the American Society for Testing and Material, or other contemporary
standards-establishing organization accepted in the United States.
(c).
Unless otherwise resolved with the Town, the owner or operator
of the location/source of such elevated, complaint-producing noise,
shall prepare and provide a noise monitoring plan to the Town within
10 business days of written notice by the Town, and such plan shall
be implemented within 10 business days of plan approval by the Town
(unless extended by the Town, if the plan requires the ordering, purchase
and/or installation of equipment, but such extension should be no
longer than the time period to order, purchase and install such noise
mitigation equipment), and the written report of such monitoring shall
be provided to the Town within 10 business days following completion
of noise monitoring. Failure to meet noise compliance will result
in cessation of the offending noise source until compliance is met.
The noise monitoring plan will employ "A-weighting" unless another
weighting scale is more appropriate based on industry standards, and
shall address:
(i). The number and location of monitoring sites;
(ii). The timing and frequency of surveys;
(iii). Methods and standards to be followed. This will
include methods used to identify and remove measurement results for
time periods affected by sound associated with any temporary events
or activities (such as noise from nonrelated construction or other
activities), and during periods where wind speeds exceed five m/s
or the rainfall rate exceeds six mm/hour; and
(iv). Time frames for monitoring and reporting to the
Town in the event they are otherwise than stated in this performance
standard.
TABLE I
|
---|
Maximum permissible sound-pressure levels at specified
points of measurement for noise radiated continuously from a facility
between the hours of 10:00 p.m. and 7:00 a.m.
|
---|
Frequency Band Cycles per second
|
Sound Pressure Level Decibels A-Weighted Scale (dBA)*
Re. 0.002 dyne/cm.2
|
---|
20-75
|
69
|
75-150
|
54
|
150-300
|
47
|
300-600
|
41
|
600-1,200
|
37
|
1,200-2,400
|
34
|
2,400-4,800
|
31
|
4,800-10,000
|
28
|
*"A-weighted" scale (dBA) is the filtering of sound measurement
to account for the perceived loudness of noise not necessarily correlating
with sound levels. Sound level meters set to A-weighting minimize
low-frequency noise similar to the human ear. Sound intensity is measured
in units of decibels, dB.
|
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 below shall be added to or subtracted from
each of the decibel levels given above in Table I.
|
TABLE II
|
---|
Type of Operation of Character of Noise
|
Correction in Decibels
|
---|
Daytime operation only
|
Plus 5
|
Noise source operates less than 20% of any one hour
|
Plus 5*
|
Noise source operates less than 5% of any one-hour period
|
Plus 10*
|
Noise source operates less than 1% of any one-hour period
|
Plus 15*
|
Noise of impulsive character (hammering, etc.)
|
Minus 5
|
Noise of periodic character (hum, screech, etc.)
|
Minus 5
|
*
|
Apply one of these corrections only.
|
4.182.
Odors.
[Added 7-13-2021 by L.L. No. 6-2021]
(a)
No person or business entity shall emit, or cause, generate
or produce the emission of, or allow to be emitted, objectionable
odors beyond the property borders of the emitting source.
(i)
Odors shall be deemed objectionable when an exceedance of the
standard in § 4.182(b) is documented by the Town in accordance
with the procedures in this section, thereby evidencing that the odor
is offensive, foul, unpleasant, or repulsive, and likely could, or
does, cause injury, detriment, nuisance or annoyance to persons or
to the public.
(b)
A documented assessment shall be performed by the Building Inspector or Code Enforcement Officer utilizing an olfactory field instrument calibrated in accordance with the instrument's operational standards and manufacturer's specifications. In utilizing this olfactory field instrument, one volume of odorous air shall be diluted with seven volumes of odor-free air. A detection shall have occurred if, after such dilution, an odor remains perceptible to the user. Measurement of objectionable odors shall follow the measurement methodology set forth at §
4.18.
(c)
Repeated complaints. If the Town receives five or more complaints
from individuals representing separate households or businesses over
the course of a seven-day period, or 15 or more complaints over the
course of a thirty-day period, a Building Inspector or Code Enforcement
Officer, after investigation, which to the extent reasonably possible
includes a meeting with the industrial user, may issue a notice of
repeated reported occurrence ("notice") to the industrial user alleged
to be emitting the odors. The notice shall require the industrial
user to meet with the IUC for evaluation of the reported complaints
and formulation of a remedial action if an objectionable odor is documented
in accordance with § 4.182(b), as determined to be necessary
by the IUC, and in accordance with §§ 4.121(b), 4.13(e)
and 4.13(f). The Town's odor complaint records shall include:
(i)
Name, address, email and phone number of complainant;
(ii) Time and date of submission of complaint to the
Town;
(iii) Description of nuisance odor;
(iv) Estimated location or source of nuisance odor;
and
(v)
If possible, prevailing wind or weather conditions observed.
4.183.
Glare. No direct or sky-reflected glare, whether from floodlights
or from high-temperature processes, such as combustion or welding
or otherwise, so as to be visible at the specified points of measurement.
This restriction shall not apply to signs otherwise permitted by the
regulations.
The uses which are listed in this section are prohibited in
the Town.
4.41. Manufacturing uses involving primary production of the following
products from raw materials: asphalt, cement, charcoal and fuel briquettes;
chemicals: aniline dyes, ammonia, carbide, caustic soda, cellulose,
chlorine, carbon black and bone black, creosote, hydrogen and oxygen,
industrial alcohol, nitrates (manufactured and natural) of an explosive
nature, potash, plastic materials and synthetic resins, pyroxylin,
rayon yarn and hydrochloric, nitric, phosphoric, picric and sulphuric
acids; coal, coke and tar products, including gas manufacturing; explosives;
fertilizers; gelatin, glue and size (animal); linoleum and oilcloth;
matches; paint, varnishes and turpentine; rubber (natural or synthetic);
soaps, including fat rendering; and starch.
4.42. The following processes: nitrating of cotton or other materials;
milling or processing of flour, feed or grain; magnesium foundry;
reduction, refining, smelting and alloying of metal or metal ores;
refining secondary aluminum; refining petroleum products, such as
gasoline, kerosene, naphtha and lubricating oil; distillation of wood
or bones; and reduction and processing of wood pulp and fiber, including
paper mill operations.
4.43. Operations involving stockyards and slaughterhouses, grain elevators
and slag piles.
4.44. Storage of explosives, except under license from the State of New
York and in a manner and place conforming to the laws of the state
and the American Table of Distances, provided that no more than 50,000
pounds shall be stored in any one magazine. Bulk or wholesale storage
of petroleum products above ground.
4.45. Dumps; junkyards; sewage treatment plants; incinerators not accessory
to a principal use; and sanitary landfill operations not accessory
to a principal use; except any of the above when municipally owned
and operated.
4.46. Quarries, stone crushers, screening plants and storage of quarry
screenings accessory to such uses.
4.47. Trailer camps and summer colonies.
[Added 6-8-1981 by L.L. No. 7-1981]
4.51. The dwelling must be owner-occupied and a covenant satisfactory to
the Town Attorney as to form must be filed to the effect that, if
the grantor owner or his or her spouse or the survivor(s) of them
ceases to occupy the said dwelling, the dwelling automatically reverts
to only one dwelling unit
[Amended 4-25-1983 by L.L. No. 3-1983]
4.52. There shall be no significant exterior change and no new structures
built on the property within the past 10 years so as to create an
additional dwelling unit.
[Amended 10-22-1984 by L.L. No. 21-1984]
4.53. The new unit must have a safe and proper means of entrance and exit.
4.54. There shall be only a single front entrance to the dwelling.
4.55. At least three parking spaces are required.
4.56. The house must be at least 15 years old.
4.57. The dwelling must comply with all fire, safety and building codes.
4.58. The owner who first converts the dwelling subsequent to the effective
date of this local law must have resided in said dwelling for at least
15 years.
[Added 8-19-1991 by L.L. No. 14-1991]
[Added 1-12-2004 by L.L. No. 1-2004]
4.61. Purpose and intent. The purpose and intent of the Planned Adult Community (PAC) floating zone is to address certain senior citizen housing needs in the Town of Orangetown by encouraging the development of a range of housing types and prices for active senior citizens consistent with the Town's Comprehensive Plan. The PAC shall be an unmapped zoning district that may be mapped at the discretion of the Town Board on an eligible site, subject to the provisions of this section and §
10.5 of the Zoning Ordinance with regard to the review of zoning text and map amendments.
4.62. Eligible sites. Rezoning to PAC may be considered for any property
meeting requirements set forth herein, provided said property is located
within a zoning district other than an R-80, R-40, R-22, or LI District
With the exception of conversions of existing buildings, PAC developments
shall be prohibited in designated historic districts. Eligible sites
shall be defined and regulated as "hamlet sites" or "other sites,"
as specified in § 4.69 herein All potential PAC sites shall
either have access to or frontage along a major or secondary roadway,
defined herein as roads with state or county jurisdiction, or shall
have other suitable access as determined by the Town Board during
the rezoning process.
4.63. Permitted uses. No building, structure or premises shall be erected,
used or occupied except for the following uses:
A. Dwelling units equipped with full kitchen facilities and designed
for senior citizens as defined in § 4.65 hereof.
B. A dwelling unit for one resident caretaker or property manager. Any
such unit shall be included in the overall base density of the development
as set forth in § 4.69 below.
C. In specifically allowed mixed-use buildings, ground-floor uses, including
retail stores, personal service establishments, offices and restaurants,
shall be permitted with dwelling units for senior citizens located
on the floor or floors above such uses.
D. Accessory uses, including indoor and outdoor recreation and leisure
time facilities, congregate dining facilities, meeting rooms, off-street
parking, maintenance buildings, and other customarily accessory structures
and facilities incidental to the principal uses.
4.64. Housing types and minimum sizes. PAC housing may be apartment-style
or attached, semiattached or detached dwellings. Except as otherwise
provided herein with respect to affordable units, dwelling units may
be for sale or rent. At least 75% of the units in the PAC development
shall have two bedrooms. The balance may be a combination of one-bedroom
and three-bedroom units. However, not more than 10% of the total number
of units shall be three-bedroom units.
[Amended 2-9-2009 by L.L. No. 1-2009]
4.65. Age restrictions.
A. Occupancy of dwelling units within a Planned Adult Community shall
be restricted to persons 55 years of age or older or couples, one
of whose members is 55 years of age or older; provided, however, that
persons less than 21 years of age shall not be permanent residents
under any circumstances. The foregoing restrictions shall not apply
to one on-site caretaker/administrator, if so proposed as part of
the PAC application, whose full-time job shall be the maintenance
and/or management of the PAC development. Additionally, households
containing one or more adult handicapped persons (as defined in § 802
of the Fair Housing Act, 42 U.S.C. § 3602) over age 21 shall
also be eligible.
[Amended 2-9-2009 by L.L. No. 1-2009]
B. Restrictions relating to age and occupancy shall be set forth in
a covenant, acceptable as to form, by the Town Attorney of the Town
of Orangetown. Said covenant shall be recorded in the County Clerk's
office and shall run with the land and shall bind all owners of the
property.
4.66. Affordable units.
A. As a condition of approval of the PAC, the Town Board may provide
one additional bonus density unit per acre for the inclusion of affordable
housing, provided that at least 50% of said bonus is set aside for
affordable housing, and further provided that total bonus (affordable
and market rate) does not exceed the maximum number of units per acre,
as set forth in § 4.69 below.
B. All affordable units shall be owner occupied and shall be sold at
a price not to exceed 3.3 times 80% of the median family income for
Rockland County, applicable to a family of four persons, as established
annually by the U.S. Department of Housing and Urban Development.
A covenant shall be recorded in the County Clerk's office, which shall
provide that resale of any affordable housing units may not sell for
a price exceeding 3.3 times 80% of the median family income for Rockland
County, applicable to four persons, as established annually by the
U.S. Department of Housing and Urban Development.
[Amended 2-9-2009 by L.L. No. 1-2009]
4.67. Selection of occupants of affordable housing units. The Town Board
shall develop regulations and procedures relating to, among other
things, eligibility criteria, the solicitation of applications and
the selection of potential occupants for the affordable units, with
preference given to residents of the Town of Orangetown. The maximum
household income for affordable units shall be 80% of the median family
income for Rockland County, applicable to a four-person family, as
established annually by the U.S. Department of Housing and Urban Development.
In computing the maximum household income, the incomes of all occupants
of the owner-occupied affordable unit shall be included.
[Amended 2-9-2009 by L.L. No. 1-2009]
4.68. Location of affordable units. Affordable units shall be physically
integrated and interspersed into the design of the development in
a manner satisfactory to the Town Board, avoiding designated affordable
units being located adjacent to one another. The affordable units
shall be distributed among various proposed bedroom-sized units in
the same proportion as the overall development.
4.69. Lot and bulk controls for PAC developments.
A. Hamlet and other sites. Lot and bulk controls for PAC developments, as shown on Table I, shall differentiate between sites located within hamlet centers and other sites, as specified herein. In addition to meeting the requirements of § 4.62 above, hamlet center sites, as shown on the Potential PAC
Zoning Map, shall be located within one-quarter-mile walking distance of the Pearl River, Orangeburg, Blauvelt, Sparkill or Tappan hamlet centers, as defined by the CS zoning in each hamlet center. Potential PAC sites outside the one-quarter-mile walking distance shall be considered to be "other sites" for purposes of the following lot and bulk controls.
[Amended 2-14-2005 by L.L. No. 5-2005]
Table 1
|
---|
Lot, Bulk and Parking Requirements
|
---|
|
Hamlet Center Sites Within Mile Distance of Specified
CS and CC Districts
|
Redevelopment Sites Within Designated CS Districts
|
Other Sites
|
---|
Minimum lot area for a Planned Adult Community
|
1.25 acres
|
1 acre
|
10 acres
|
Base density***
|
6 dwelling unit/acre
|
6 dwelling unit/acre
|
4 dwelling unit/acre
|
Potential bonus density*
|
1 dwelling unit/acre
|
1 dwelling unit/acre
|
1 dwelling unit/acre
|
Maximum floor area ratio
|
0.40
|
0.40
|
0.35
|
Maximum building coverage
|
65%
|
TBD
|
40%
|
Minimum open space
|
25%
|
TBD
|
40%
|
Maximum building height
|
2 stories or 35 feet, unless otherwise specified by
Town Board as part of PAC approval, in which 3 stories may be allowed
|
2 stories or 35 feet, unless otherwise specified by
Town Board as part of PAC approval, in which 3 stories may be allowed
|
2 stories or 35 feet
|
Minimum perimeter buffer
|
20 feet
|
TBD
|
50 feet
|
Minimum yards**
|
Unless otherwise specified by the Town Board as part
of PAC approval, the following yards shall be provided;
|
*Front
|
50 feet
|
TBD
|
100 feet
|
*Side (each)
|
50 feet
|
TBD
|
100 feet
|
*Rear 50 feet
|
50 feet
|
TBD
|
100 feet
|
Minimum street frontage
|
100 feet
|
100 feet
|
100 feet
|
Minimum building setback from internal roads
|
25 feet
|
TBD
|
25 feet
|
Minimum off-street parking
|
1.5 spaces/dwelling unit
|
1.5 spaces/dwelling unit
|
1.75 spaces/dwelling unit
|
Minimum indoor and/or outdoor recreation
|
250 square feet/unit
|
TBD
|
250 square feet/unit
|
Minimum distance
|
25 feet, unless otherwise specified by the Town Board
as part of PAC approval, but not less than 15 feet. Decks, whether
attached or detached, shall not be closer than 15 feet to any other
building or structure that is a part of any other building.
|
TBD
|
25 feet, between buildings otherwise specified by the
Town Board as part of PAC approval, but not less than 15 feet. Decks,
whether attached or detached, shall not be closer than 15 feet to
any other building or structure that is a part of any other building.
|
Maximum number of attached dwelling units without a
building separation
|
8 dwelling units
|
TBD
|
6 dwelling units
|
NOTES:
|
---|
*
|
50% of any bonus allowed by the Town Board shall be
affordable housing as specified in § 4.66 above
|
**
|
Yard requirements shall apply to the overall PAC site,
not individual lots within the development, if any.
|
***
|
The "Maximum number of attached dwelling units without
a building separation" regulation set forth herein shall not apply
to apartment-style dwelling units, i.e., dwelling units (regardless
of the form of ownership) the living portion of which occupies a single
floor or story of a building. With respect to such units, the Planning
Board shall determine the number of units that may be included in
any single building.
|
TBD = To be determined as part of contextual zoning
analysis.
|
B. Potential redevelopment sites within a CS District.
[Amended 10-22-2019 by L.L. No. 7-2019]
(1)
For eligible hamlet center sites physically located within a
CS specified zoning district in Blauvelt, Tappan, Orangeburg, Sparkill
and Pearl River, the Town Board may modify lot and bulk controls as
part of its consideration of the rezoning to PAC, provided that such
modifications are designed to ensure compatibility with the building
context of the CS District and areas adjacent to the subject site,
including building setbacks to maintain the contextual streetscapes.
Building context shall be determined by the Town Board through the
review of actual dimensions (lot and bulk) for adjacent buildings
and buildings across the street from the proposed redevelopment site.
Notwithstanding the foregoing, the Town Board may only modify the
minimum lot area, maximum floor area ratio and/or maximum density
by a vote of a majority plus one of all the members thereof, whether
present or not. In no event may the maximum floor area ratio be modified
to more than 1.25.
(2)
In order to ensure contextual development in terms of use, the
ground-floor area of redevelopment sites shall include retail, personal
service, restaurant or office use.
C. Potential conversions of existing buildings in Pearl River, Tappan
and Sparkill.
(1)
In the hamlet centers of Pearl River, Tappan and Sparkill, proposals
for conversion of existing buildings in a CS Zoning District may be
considered by the Town Board. Such buildings may contain senior apartment
units above retail stores, professional offices, personal services
establishments and restaurants, provided separate access to the senior
units is provided, and further provided that all other applicable
building code requirements are met. Conversion of space for ground-level
apartments shall not be permitted. No square footage may be added
to the building proposed for conversion other than the space necessary
to provide suitable access.
(2)
Specific lot and bulk and controls and parking for these PAC
building conversion sites shall be established by the Town Board as
part of the rezoning process, recognizing that these regulations are
applicable to the existing building only. Parking requirements shall
consider the availability of on-site and off-site parking to serve
the proposed housing.
(3)
In its consideration of potential conversions, the Town Board
shall refer to criteria set forth in §§ 4.6.1 and 4.6.12D(3),
as applicable, and other factors relating to the subject building
itself.
4.610.
Additional requirements.
A. The design and location of all buildings, recreational facilities
and other site improvements shall be consistent with the ultimate
purpose of achieving pleasant living arrangements for persons 55 years
of age or older and shall contemplate the desires and needs of such
persons for privacy, participation in social and community activities
and accessibility to all community facilities. As part of the approval
of site plans, the Planning Board shall consider the potential need
for additional visitor parking, possibly including on-site stabilized
overflow parking areas.
B. Consideration shall be given in planning walks, ramps and driveways
so that all outdoor areas available to the residents shall be designed
to permit residents to move about freely.
C. All dwelling units shall incorporate design features which insure
the safety and convenience of the senior residents. Amenities and
architectural design features to serve the special needs of the population
shall include emergency communication services connecting individual
units with the clubhouse, gatehouse, on-site maintenance office and/or
off-site premises monitoring service. Handicapped accessibility and
adaptability shall also be part of the design for dwelling units and
common facilities.
D. Artificial lighting of walkways, parking areas and common buildings
shall provide illumination sufficient for the convenience and safety
of the residents.
E. Buffer areas shall include existing vegetation and supplemental plantings.
No structures, parking areas or roadways shall be located within a
required buffer other than access drives to and from the site.
F. The architectural design and landscape treatment of any proposed
development shall be carefully devised to ensure compatibility of
the proposed PAC development with surrounding buildings and open space
areas. The design of developments shall require particular attention
to the views of proposed buildings and parking lots from abutting
sidewalks and roadways. The placement of parking areas and garages
shall be sensitive to views from abutting roadways and sidewalks,
with site plans and building designs established to emphasize building
frontages rather than parking facilities for passing motorists and
pedestrians. The Town Board shall request assistance from the Architecture
and Community Appearance Board of Review (ACABOR) in its review of
architecture and landscape design elements, including all provisions
of this section.
G. In determining the design and intensity of the PAC developments,
existing environmental features shall be duly considered, particularly
areas of steep slope that would affect the walkability of the site.
Note 16 of the Notes to Use and Bulk Tables of the Zoning Ordinance shall apply to all PAC sites, requiring adjustments to
site area for environmental constraints.
4.611.
Common property. The ownership, maintenance and preservation
of common property shall be permanently assured to the satisfaction
of the Town Attorney by the filing of appropriate easements, covenants
and restrictions, as necessary. For ownership projects, the formation
and incorporation of a homeowner or condominium association shall
be required to maintain common property. Such association shall be
empowered to levy assessments against property owners to defray the
cost of maintenance and to acquire liens, where necessary, against
property owners for unpaid charges or assessments in accordance with
the laws of the State of New York. In the event that the homeowner
or condominium association fails to perform the necessary maintenance
operations, the Town of Orangetown shall be authorized, but not obligated,
to enter on such premises for the purpose of performing such operations
and to assess the cost of so doing among all affected property owners.
4.612.
Procedures.
A. Application for zone change to Planned Adult Community (PAC) shall be made to the Town Board in accordance with applicable provisions of §
10.5 of this chapter. A petition for a zone change shall be in a form sufficient to enable the Town of Orangetown to evaluate the applicant's proposal and its consistency with the intent, purposes and general design standards expressed herein. The petition for a zone change shall also be accompanied by the following:
(1)
A written description of the proposed development.
(2)
A concept plan including all the items listed below:
(a)
The disposition of various land uses and the areas covered by
each, in acres.
(b)
A sketch of the interior road system with all existing and proposed
rights-of-way and easements, whether public or private.
(c)
Delineation of the various residential areas, indicating the
number of dwelling units, square footage and bedrooms, by each housing
type and square footage for accessory uses. The plans shall show the
density, in dwelling units per acre, for the entire development. Sample
floor plans shall be provided for each unit type.
(d)
The open space system and proposed recreation facilities, and
a statement as to how said system is to be preserved as such throughout
the life of the development and how it is to be owned and maintained.
(e)
An illustrative site plan, indicating the relationship between
the proposed road system, parking lots, buildings, open spaces and
other physical features.
(f)
Schematic water, sanitary sewer and stormwater management systems
and how they are proposed to be connected to the system in adjoining
areas, or be built on the site.
(g)
Physical characteristics of the site, including topography,
areas of slope in excess of 15%, soils, rock outcrops, streams, wetlands,
lakes, ponds and floodplains and all proposed alterations of said
physical characteristics.
(h)
Estimates of peak-hour traffic generation derived from recognized
traffic engineering source material or actual field counts, and its
relation to surrounding development, including surrounding roads and
intersections, including methods developed for mitigating any demonstrated
adverse traffic impacts.
(i)
Analysis of market demand for the proposed senior development,
based upon demographic factors and existing housing supply; such analysis
shall include a review and conclusion concerning the anticipated number
of occupants or purchasers of the specific proposed development who
shall be existing residents of the Town of Orangetown. Such analysis
shall be based upon a specific evaluation of individual market demand.
(j)
Comparison of the proposed development under PAC to the likely
development yield under existing zoning in terms of traffic, taxes
and aesthetic issues.
(k)
If the development is to be staged, a clear indication of how
the staging is to proceed. The plan shall show each stage of development
with the approximate time required for anticipated commencement and
completion.
B. The Town Board may retain professional consultants as deemed necessary
in order to review any proposed PAC concept plans, with funding for
said consultants provided by the applicant for the PAC development
through the establishment of an escrow account. The amount of said
escrow shall be determined by the Town Board in consultation with
the applicant.
C. Concurrent site plan and/or subdivision review. An applicant may
submit a detailed site plan and/or subdivision concurrently with the
petition for zone change to a Planned Adult Community development,
subject to site plan and/or subdivision review procedures for the
Town of Orangetown, including Planning Board review of said plans
and related documentation. Approval of a site plan and/or subdivision
may not however, occur until the rezoning to PAC occurs.
D. The Town Board expressly reserves the right and the authority to
review any proposed site development plan and/or any subdivision plat
before preliminary approval by the Planning Board of any development
within a PAC zone to determine whether, in the judgment of the Town
Board, the proposed plan or plat does not substantially deviate from
the final concept plan or layout presented to and reviewed by the
Town Board as part of the zone change process.
[Added 2-14-2005 by L.L. No. 5-2005]
(1)
No site development plan or subdivision plat shall receive preliminary
approval by the Planning Board, unless the plat or plan proposed for
such approval shall first have been referred back to the Town Board
for its review, and the Town Board shall have adopted a resolution
evidencing the fact that the proposed plat or plan does not substantially
deviate from the final concept plan or layout presented to, and reviewed
by, the Town Board as part of the zone change process. The adoption
of such resolution shall appear as a map note on any approved plat
or plan.
(2)
The term "substantially deviate," as used herein, shall mean
that the site development plan and/or subdivision plat presented to
the Planning Board for preliminary approval differs in a material
manner from the final concept plan reviewed by the Town Board, and
upon which the Town Board granted the PAC zone change, and that that
material change or deviation that may have been made to the concept
plan, in the Town Board's sole judgment and discretion, is not consistent
with the goals sought to be achieved by the grant of the zone change.
The decision of the Town Board that the site development plan and/or
the subdivision plat proposed for preliminary approval by the Planning
Board substantially deviates shall require a majority vote of the
Town Board plus one.
E. Town Board action on the application for rezoning to a PAC district.
(1)
The Town Board shall refer the petition for rezoning and all
accompanying maps, plans and reports to the Town Planning Board, the
County Planning Department and other boards and agencies in accordance
with applicable laws and regulations. Said boards, agencies and departments
shall report back to the Town Board prior to a public hearing on the
proposed rezoning.
(2)
Following required public hearing(s) (which shall be held on
notice which shall be furnished and accomplished by the applicant,
at the sole cost and expense of the applicant, by mailing by first
class mail at least seven days in advance to all property owners of
properties located within 500 feet of any boundary of the property
under consideration) and project review under the State Environmental
Quality Review Act (SEQRA), the Town Board may approve or disapprove
the rezoning petition in accordance with the provisions of applicable
law.
(3)
As part of its decision to approve or disapprove a proposed
PAC development, the Town Board shall make specific findings, based
on its review of the submitted concept plan and other information
garnered through the public hearing, SEQRA and planning reviews, with
regard to:
(a)
The likely marketability of the proposed units in relation to
previously approved PAC developments throughout the Town.
(b)
The potential saturation of PAC units in any given neighborhood.
(c)
The suitability of the site for the senior population in terms
of vehicular access, walkability for pedestrians and overall traffic
concerns.
(d)
The compatibility of the PAC site within its environment, including
surrounding land uses and landscaped buffers, and in the case of redevelopment
sites or conversions, with the contextual development of surrounding
buildings and uses.
(4)
The Town Board, at its discretion, may attach any reasonable
conditions on an approval of a Planning Adult Community development
as necessary to assure conformance with the intent and purposes of
the Town Comprehensive Plan and the PAC regulations, as specified
herein. The conditions of approval shall specify all relevant procedures
for unit sale or rental, reoccupancy, income verification and related
costs.
(5)
If the rezoning is granted, the approved PAC district shall be duly noted on the Town's
Zoning Map.