A.
The Planning Board heretofore established pursuant
to the provisions of Town Law shall continue as the Planning Board
for the Town of Carmel with all the powers prescribed by law and as
herein described.
B.
The Planning Board shall consist of seven members
appointed by the Town Board.
C.
Each member shall be appointed for a term of seven
years.
D.
If a vacancy shall occur otherwise than by expiration
of term, it shall be filled by the Town Board by appointment for the
unexpired term.
E.
The Town Board shall have the power to remove any
member of the Planning Board for cause and after public hearing.
F.
The Town Board shall designate a member of the Planning
Board to act as Chairman thereof as well as Vice Chairman thereof.
Upon failure to do so, the Planning Board shall elect a Chairman from
its own members, who shall serve until such appointment by the Town
Board.
[Amended 4-11-2012 by L.L. No. 4-2012]
G.
The Planning Board may adopt rules and regulations
in respect to procedure before it and in respect to any subject matter
over which it has jurisdiction, after public hearing by the Planning
Board and subject to the approval of the Town Board.
[Amended 8-7-2013 by L.L. No. 4-2013]
A.
The Planning Board shall have power and authority to employ experts,
clerks and a secretary and to pay for their services and such other
expenses as may be necessary and proper, not exceeding in all the
appropriation that may be made therefor by the Town Board.
B.
The Planning Board shall have all the powers and duties prescribed
by law and by this chapter, which are more particularly specified
as follows, provided that none of the following provisions shall be
deemed to limit any power of said Board that is conferred by law:
(1)
The Planning Board shall have full power and authority to make such
investigations, maps and reports and recommendations in connection
therewith relating to the planning and development of the Town.
(2)
The Planning Board shall have full power and authority to approve,
conditionally approve or disapprove:
(3)
The Planning Board may prepare and change a Comprehensive Master
Plan for the development of the entire area of the Town, in accordance
with § 272-a of the Town Law of the State of New York.
(4)
The Planning Board may review any matter or class of matters referred
to it by other boards and commissions of the Town of Carmel, as provided
by Town law.
A.
Review and approval.
(1)
Site plan approval by the Planning Board is required
prior to the issuance of a building permit for all principal uses
and their accessory uses of land, except one- or two-family houses.
(2)
Any revision of a site plan shall be subject to the
approval procedure as provided herein.
(3)
No certificate of occupancy for any structure or use
upon or within the site shall be issued until all of the required
conditions of site plan approval have been met. The continued validity
of any certificate of occupancy shall be subject to continued conformance
with the approved site plan and conditions attached thereto.
B.
Application details. Application for review of the site plan, together with the application fee, and accompanying site plans and an environmental constraints map, as described in § 131-11F of Chapter 131, Subdivision of Land, of the Town Code, shall be made in 10 copies to the Planning Board Secretary. The fee shall be set by resolution of the Town Board which shall be filed in the office of the Town Clerk. The site plan shall be drawn at a scale not smaller than one inch equals 50 feet, prepared by a licensed architect or professional engineer under his professional seal and shall contain the following information for the site:
[Amended 9-14-1988 by L.L. No. 1-1988]
(1)
The name and title of the person preparing the map.
(2)
The name of the applicant and the owner, if different
from applicant.
(3)
The date, scale and North point.
(4)
The Tax Map, block and lot number and zoning district
in which property is located.
(5)
All existing property lines and the name of the owner
of each property within a radius of 500 feet.
(6)
Topographical information, contour lines at not larger
than two-foot intervals and grades of all roads, driveways and sanitary
and storm sewers.
(7)
The location of all existing water bodies, streams,
watercourses, wetlands areas, wooded areas, easements, rights-of-way,
streets, roads, highways, freeways, railroads, buildings, structures
or any other feature directly on the property or beyond the property
if such feature has an effect upon the use of said property.
(8)
The location of all existing and proposed easements.
(9)
The location of all existing and proposed structures,
showing the ground area covered or to be covered by said structures,
including all setback dimensions, and identifying their use. All existing
and proposed structures shall be illustrated by accompanying floor
plans and by front, rear and side elevation sketches drawn to scale.
The proposed use of the site shall be indicated. Where applicable,
the areas proposed to be used for outdoor selling, display or storage
shall be shown. In the case of those sites for which the proposed
use is dwelling units, the total number of dwelling units to be shown
on the site plan shall not exceed the number as determined in accordance
with the following formula: The total acreage of the areas shown on
the environmental constraints map shall be subtracted from the total
acreage of the parcel being developed. The remaining acreage shall
be further reduced by a number equal to 10% of the total acreage of
the parcel being developed to allow for roads and utilities. The resulting
acreage shall then be divided by the minimum lot area for the zoning
district in which the parcel is located to arrive at the total number
of dwelling units that will be deemed buildable.
[Amended 7-2-2008 by L.L. No. 2-2008]
(10)
The proposed on-site circulation system, access
and egress ways and service roads, if applicable, showing the method(s)
of providing automotive and pedestrian safety, convenience, access
and egress in case of fire or catastrophe and the location, design
and treatment of proposed entrances and exits to public rights-of-way,
including any possible use of traffic signals, channelization, acceleration
and deceleration lanes, marginal roads, additional widths and any
other traffic engineering analysis.
(11)
The location, design and proposed treatment
of sidewalks, paths or other means of pedestrian circulation.
(12)
On-site parking and loading spaces and aisles
drawn to the dimensions as contained in the definitions of this chapter
and according to the requirements of the accompanying schedules of
off-street parking and loading facilities.
(13)
The location, height and type of exterior lighting
facilities proposed.
(14)
Signs, if any, according to the accompanying
regulations on signs and proposed exterior lighting, with reference
to elimination of glare and the ensurance of traffic safety, economic
effect and compatibility and harmony with properties in the district.
(15)
An estimate of the number of employees who will
be using the site on a full- or part-time basis, if applicable, and,
if a nonresidential principal use, a description of the operation,
including a description of the types of products to be sold, the type
of machinery and equipment to be used, if any, and sufficient information
to enable the Planning Board to determine the impact which such nonresidential
activity may have on adjacent properties.
(16)
The location and identification of proposed
clubhouses, swimming pools, open spaces, parks or other communal recreational
areas and the identification of the persons or entities responsible
for their installation and maintenance and users other than residents
or their guests.
(17)
The location and design of buffer areas, screening
devices or other landscaping, including preliminary grading for analysis
of drainage water management. A comprehensive landscaping plan shall
be provided in accordance with the Town of Carmel Tree Conservation
Law,[1] showing schematically the proposed location of trees,
shrubs, grass area or other planting and identifying the types and
size of trees and plants. Existing trees or wooded areas to be retained
shall be so identified.
(18)
Identification of the type and location of public
and private utilities and services, such as water, sewage disposal,
etc., including their maintenance facilities, also, identification
of the system to be used for storage and removal of trash and garbage.
(19)
Any other information required by the Planning
Board which is reasonably necessary to ascertain compliance with the
provisions of this chapter.
(20)
For any area that will be developed in stages,
a total development plan must be submitted to the Planning Board in
accordance with this section.
(21)
In conformance with the New York State Environmental
Quality Review Act, the Planning Board shall require an environmental
review and an impact statement, if deemed necessary. (See Part 617
SEQR.)
(22)
A list, certified by the Town Assessor, of all
property owners within 500 feet of all boundaries of the site.
(23)
A stormwater pollution prevention plan consistent with the requirements of Article X of this chapter shall be required for site plan approval. The SWPPP shall meet the performance and design criteria and standards in Article X of this chapter. The approved site plan shall be consistent with the provisions of Article X of this chapter.
[Added 12-17-2008 by L.L. No. 7-2008]
C.
Review criteria. In reviewing any site plan, the Planning
Board shall consider the following:
(2)
The site plan's proposed traffic flow, circulation
and parking, to ensure the safety of the public and the users of the
facility. Access to the site from adjacent roads shall be designed
so as to interfere as little as possible with traffic flow on these
roads and to permit vehicles' safe ingress and egress to and from
the site.
(3)
Design review criteria.
[Amended 4-8-2015 by L.L.
No. 2-2015]
(a)
Building plans shall be reviewed in several aspects:
[1]
Proportion. The relationship between the width and height of
the front elevation of a building should be similar to the adjacent
buildings. Proportion can also apply to the relationship between windows
and doors and their relationship to the building itself.
[2]
Rhythm. The rhythm of the building and its components is the
spacing or repetition of architectural elements or details. The regularity,
frequency and placement of doors, windows, porches and ramps and the
placement within a facade is a type of rhythm. Rhythm between adjoining
buildings can exist when building types are repeated along street.
[3]
Scale. Scale is the relationship between architecture and people
or between the architectural mass and the space which surrounds it.
The scale of the Town of Carmel is intimate in nature. Any building
built on a monumental scale will seem out of place and foreign. Certain
already-built buildings are deemed inappropriate in some areas of
the Town.
[4]
Height. New buildings will be in harmony with appropriate buildings
and subject to the requirements of the Town of Carmel Zoning Ordinance.
[5]
Facade treatment. The exterior features of all buildings should
be visually and physically compatible with those facades surrounding
them. Components to consider are color, texture and type of building
materials. Specific details such as roof shape, cornices and moldings
should be repeated to unify buildings and not used to create visual
distractions.
[6]
Monotony of design in single or multiple building projects shall
be avoided. Variation of detail, form and siting shall be used to
provide visual interest. In multiple building projects, variable siting
or individual buildings may be used to prevent a monotonous appearance.
(b)
Development requirements.
[1]
Materials will be selected to create harmony with the adjoining
appropriate buildings and for suitability to the type and use of the
buildings. A building shall use the same materials or those that are
architecturally harmonious for all building walls and other exterior
building components wholly or partly visible to the public.
[2]
Colors shall be harmonious and shall use only compatible accents.
[3]
Large mechanical equipment or other utility hardware on the
roof, ground or buildings shall be screened from public view with
materials harmonious to the building.
[4]
Exterior lighting shall be part of the architectural concept.
Fixtures, standards and all exposed accessories shall be harmonious
with the building design.
[5]
Service yards, storage area, yards and exterior work areas shall
be screened from public view with materials harmonious with the building
and in compliance.
(c)
Special regulations. Application for development within the
Town shall be reviewed, evaluated and determined by the Planning Board.
Among criteria for review will be in compliance with the following
measures:
[1]
Locate the building at a minimum setback line with the maximum
length of the building facing along the street to provide frequent
and convenient pedestrian connections between buildings and public
sidewalks; minimize the public view of large parking areas and service
facilities; provide a continuous edge along the street; and visually
enclose and define public street space that is comfortable to pedestrians
in proportion and scale.
[2]
Design and place buildings in order to preserve and enhance
special street views. In particular, views of important buildings
and natural features, focal points at T-intersections and views along
curbs and roadways should be encouraged.
[3]
Position new buildings to insure the adjacent properties have
visual privacy and sunlight as well as protection from the new development's
site illumination, noise and odor.
[4]
In terms of shape, style, rooflines, color and materials, buildings
shall be designed to complement and contribute to a desirable community
character.
[5]
Design landscaping and building adjacent to historic properties
that are complementary to the significant historical features.
[6]
Design and position buildings to screen unsightly elements,
such as shipping and loading areas, transformers, dumpsters and meters,
from public view.
[7]
Design the building roof to screen mechanical equipment from
view and contribute to an attractive visual setting.
[8]
Design the building to insure adequate blending of the storm
drainage requirement with the local environment.
[9]
Provide a minimum ten-foot "buffer island" which shall be landscaped
(trees, bushes, flowers, etc.) in front of all nonresidential lots.
[10]
Provide a minimum twenty-foot landscaped buffer
area/zone on all sides of site plan bordering residentially zoned
properties. For purposes of this section, landscaping shall include
evergreen trees, plantings and/or shrubbery which in the discretion
of the Planning Board shall minimize impact of proposed site plan
improvements upon neighboring residential properties.
(4)
A landscaping element as part of the overall site
plan design to be integrated with the arrangement of building, topography,
parking and buffering proposals. The landscaping proposal may include
trees, bushes, shrubs, plants, ground cover, sculpture, art and the
use of building and paving materials in a design and of materials
that would be compatible with the building design.
(5)
The height, density and the type of planting, proposed
as buffering, to be located around the perimeter of the site to minimize
the glare of headlights, light from structures, noise and movement
of people and vehicles and the on-site activities from adjacent properties,
where necessary. Buffering may consist of fencing, trees, shrubs,
bushes or combinations thereof to achieve the stated effect.
(6)
The adequacy of the proposed lighting to ensure safe
movement of persons and vehicles and for security purposes. Lighting
standards shall be of a type approved by the Planning Board. Lights
shall be arranged so as to minimize glare and reflection on adjacent
properties.
(7)
Signs, as per the regulations of this chapter, which
shall be designed to be aesthetically pleasing, harmonious with other
signs on the site and located so as to achieve this purpose without
constituting hazards to vehicles and pedestrians.
(8)
Storm drainage, sanitary waste disposal, water supply
and garbage disposal shall be reviewed and considered with particular
emphasis given to the adequacy of existing systems and the need for
improvements to adequately carry runoff and sewage and to maintain
an adequate supply of water at sufficient pressure.
(9)
Environmental elements relating to soil erosion, preservation
of trees, protection of watercourses and resources, noise, topography,
soil and proposals designed to minimize any adverse impact on these
elements.
D.
Regulations applicable to the location and design
of public and private utilities and services.
(1)
Adequate provision shall be made for a sewage disposal
system which shall be of sufficient size, capacity and design to collect
and dispose of all sewage from all present and proposed buildings
and which shall be otherwise constructed and maintained in conformity
with all applicable state, county and Town regulations and requirements.
(2)
Adequate provision shall be made for a storm drainage
system which shall be of sufficient size, capacity and design to collect,
carry off and dispose of all predictable surface water runoff within
the area and which shall be otherwise constructed and maintained in
conformity with all applicable state, county and Town regulations
and requirements.
(3)
Adequate provision shall be made for a potable water
system which shall be of sufficient size, capacity and design to supply
potable water to each of the buildings to be erected in the development
and which shall be otherwise constructed and maintained in conformity
with all applicable state, county and Town regulations and requirements.
E.
Public hearing.
(1)
Within 45 days of the receipt of a complete application,
together with the public hearing fee, as set by resolution of the
Town Board which shall be filed in the office of the Town Clerk, a
public hearing on the site plan application shall be held by the Planning
Board. Such hearing shall be advertised at least once in the official
newspaper of the Town at least five days before such hearing.
[Amended 9-14-1988 by L.L. No. 1-1988]
(2)
The applicant shall notify by mail at least five days
prior to the hearing all owners of property within 500 feet of the
extreme limits of the site, as their names appear on the municipal
tax record. Said notice shall be on forms prescribed by the Planning
Board and shall state the time and place of hearing, a brief description
of the proposal and that a copy of the plan is on file with the Planning
Board Secretary for public inspection. Proof of service shall be filed
with the Planning Board prior to the hearing.
F.
Action by Planning Board. The Planning Board shall,
by resolution, either approve, conditionally approve or disapprove
the site plan application within 45 days of the date of the public
hearing. The applicant, however, may grant an extension, not to exceed
45 days, of the time within which the Planning Board must act. The
decision of the Planning Board shall immediately be filed in the office
of the Town Clerk, and a copy thereof mailed to the applicant.
G.
Effect of inaction. In the event that the Planning
Board fails to take action on a site plan within the time prescribed
therefor, the application shall be deemed to be approved, and a certificate
of the Clerk of the Town as to the date of submission and the failure
to take action within such prescribed time shall be issued on demand
and shall be sufficient in lieu of written endorsement or other evidence
of approval as herein required.
H.
Amendments to an approved site plan. Requests for
amendments to an approved site plan shall be acted upon in the same
manner as the application for the approval of the original site plan.
However, nonsubstantive changes to a site plan which do not change
the intent of the approved site plan relative to building location,
square footage, on-site circulation or minor revisions to the proposed
drainage plan will not require a public hearing. The Planning Board
shall determine if an amendment to an approved site plan is a substantive
or nonsubstantive change, based on testimony from the applicant and
the Board's professional staff.
I.
Duration of approval. Unless construction is commenced
within 12 months of the date of approval of a site plan and completed
in accordance with this chapter, such approval shall become null and
void. If there is no substantial change in the condition of the site
and/or its environs and upon request of the applicant, a site plan
approval may be extended by the Planning Board for one additional
period of 12 months.
J.
Bonding and inspection.
(1)
The Planning Board, in conjunction with the Town Engineer,
shall set the amount for a performance bond to cover the full cost
of the required improvements shown on the approved site development
plan. Such bond shall insure to the Town of Carmel that the applicant
will conform to the approved plan and all applicable regulations.
The bond shall become effective only after the Town Attorney shall
have approved the form, surety and manner of execution.
(2)
The Town Engineer or other duly designated official
shall inspect the required improvements during construction to assure
their satisfactory completion.
(3)
The bond shall be released or reduced only by the
Town Board and only after certification by the Planning Board that
all or part of the required improvements have been completed in conformance
with the approved plan and all applicable regulations.
K.
Fees. The applicant shall pay to the Town of Carmel
an engineering fee consisting of a percentage of the full cost of
the required improvements as shown on the site development plan. The
percentage shall be set by resolution of the Town Board which shall
be filed in the office of the Town Clerk. In addition, for those site
plans containing senior citizen multifamily dwellings, the applicant
shall pay to the Town of Carmel a recreation fee as set by resolution
of the Town Board of the Town of Carmel which shall be filed in the
office of the Town Clerk. The site development plan shall not be signed
by the Chairman of the Planning Board (or Acting Chairman) until such
fees have been paid.
[Amended 11-26-1986; 9-14-1988 by L.L. No. 1-1988; 5-17-2006 by L.L. No. 4-2006]
L.
Waiver of site development plan approval.
(1)
Site development plan approval as required in this
chapter may be waived, in whole or in part, when the site development
is for a conforming use or occupancy that will not enlarge an existing
building and where said conforming use or occupancy would also conform
to all other requirements of this chapter. For said waiver, the applicant
shall submit to the Planning Board a written request (in 10 copies),
setting forth the following:
(a)
A detailed statement of the applicant's proposed
use of the building or property, including detailed information on
the conformity and adequacy of the on-site parking and loading facilities,
signs, number of employees and all other applicable information required
by this chapter and other Town ordinances for the proposed use in
the zone in which said use is located.
(b)
The applicant's reasons for requesting a waiver
of all or part of the site development plan requirements of this chapter.
(2)
In considering a request for a waiver of site development
plan approval, the Planning Board shall consider the standards and
other requirements for said site development plan approval as contained
in this chapter. The Planning Board shall make findings that the approval
of the waiver does not impair the intent and purposes of the site
development plan requirements of this chapter.
(3)
The Planning Board's findings and written approval
or disapproval with or without conditions shall be forwarded to the
applicant and the Building Inspector or other Town agency or department,
where appropriate.
(4)
No fee shall be required for making a request for
waiver of site development plan approval.
(5)
Where a request for waiver of site plan submission
is filed for a site which is developed in accordance with an approved
site plan which meets all the requirements of this chapter, including
use, parking and landscaping, the Office of the Building Inspector
may review and approve or disapprove the waiver request, in accordance
with the regulations contained within this subsection. The Building
Inspector shall notify the Planning Board of any application for a
waiver of site plan submission that was received by that office and
the action taken on the application.
M.
Lot line adjustment/lot line change.
[Added 8-7-2013 by L.L. No. 4-2013]
(1)
Definition. "Lot line adjustment" and/or "lot line change" shall
be defined as any change in existing property lines between two or
more adjoining properties, excluding the joinder or combination of
one or more lots into a larger single parcel.
(2)
Submission requirements.
(a)
In order that the Planning Board may adequately understand the
proposed lot line adjustment, the initial submission shall consist
of eight copies of the following documents:
[1]
Application form.
[2]
Copies of all prior actions of the Town Board, Zoning Board
of Appeals, and any other county, state, or federal agency.
[3]
Copies of any restrictions or easements on the land (copy of
deed).
[4]
Lot line adjustment plan. The lot line adjustment plan shall contain the information as outlined in § 156-61M(4)(a)[1] through [13].
[5]
A short-form environmental assessment form (EAF).
(b)
The review fee for lot line adjustment consideration in an amount
as set forth by the Town Board and accepted in the Town of Carmel
Annual Fee Schedule.
(3)
Procedures for the review of a lot line adjustment.
(a)
An application for a lot line adjustment shall be submitted to the Secretary or Clerk of the Planning Board at least 14 days prior to a regular meeting of the Board accompanied by 10 copies of the items described in Subsection M(4)(a).
(b)
A lot line adjustment plan shall not be considered complete
until a negative declaration has been filed or until notice of completion
of the draft environmental impact statement (DEIS) has been filed
in accordance with the provisions of the State Environmental Quality
Review Act (SEQRA). The time periods for review of such plat shall
begin upon filing of such negative declaration or such notice of completion.
(c)
Within 62 days of the receipt of a complete application the
Planning Board, by resolution, shall disapprove or approve, with or
without modifications and/or conditions, and authorize the signing
of the plat.
(d)
A conditional final approval of a lot line adjustment plat shall
expire within 180 days of the approval if the conditions of the approval
have not been complied with. The signature of the duly authorized
officer(s) of the Planning Board shall constitute final approval by
the Planning Board of the plat. Final plat approval shall expire within
62 days of the signing of the plat, unless such plat has been filed
or recorded by the owner in the office of the County Clerk.
(e)
A lot line adjustment shall not result in additional lots, any
lot becoming substandard nor increase/decrease any lot by more than
20% or 20,000 square feet of its original lot area.
(4)
Lot line adjustment details.
(a)
Lot line adjustments submitted to the Planning Board shall be
drawn to a scale of not more than one inch equals 50 feet, submitted
on uniform size sheets not more than 36 inches by 48 inches and shall
show the following information:
[1]
Proposed project name or identifying title (must include "lot
line adjustment" in the title).
[2]
Date, North point, and scale.
[3]
Name, address, seal and signature of professional engineer or
land surveyor preparing the plat.
[4]
A key map at a scale of one inch equals 800 feet, showing the
relation of the portion to be subdivided to the entire tract and the
relation of the entire tract to its neighborhood for at least 1,000
feet beyond its boundaries.
[5]
A legend, including names of all adjacent landowners and those
within 500 feet of any property line; zoning district the site is
located in with the requirements of said zone compared to the proposed
standards, as well as the abutting zones in the subdivision; and names
and addresses of owner(s).
[6]
All proposed lot lines, dimensions in feet and the areas of
all lots in square feet; metes and bounds description of all proposed
lot lines.
[7]
The location of proposed setback lines (setback envelope).
[8]
Existing or proposed covenants or deed restrictions applying
to the site.
[9]
Location, composition, and approximate size of all monuments.
[10]
Signature bock for Planning Board Chairman to
endorse approved plat.
[11]
Label "old" and "new" property lines.
[12]
Location of all structures, wells, and septic
systems.
[13]
Putnam County Department of Health approval.
