A.
License requirement. No person, partnership, association, limited
liability or other company or corporation, being the owner, user,
operator, or occupant of any land within the Town of Deerpark, shall
use or allow the use of such land for a campground or RV park or any
other form of camping regulated herein unless a license has been obtained
as herein provided.
(1)
The Town Clerk, after review by the Zoning Officer and/or Building
Inspector, shall issue a license after approval of the application
by the Planning Board pursuant to special use procedures.
(2)
No license shall be issued until the Building Inspector has received
a written application from the applicant, the required fee, and evidence
of approval from the New York State Department of Health.
(3)
The license may be transferred to a new owner of a campground or
RV park, provided that an application for transfer of the existing
license is made and the prospective new owner/operator shall document
that all of the requirements of this chapter are met.
(4)
Any person holding a license for a campground or RV park who desires
to add additional lots or spaces to such park shall file an application
for a supplemental license.
(5)
All licenses issued hereunder shall be valid until June 30 of the
following fifth year, prior to which time applicants shall request
or apply for renewal of such licenses and the Building Inspector shall
inspect the premises to ensure continued compliance with this chapter.
No facility shall open for business for the new five-year period unless
a renewal has been granted. Renewal applications shall be filed by
January 31 of the year in which renewal is required.
(6)
The applicant for any new license, renewal or transfer shall pay
the Town application, or other, fees as may be established and modified
from time to time by resolution of the Town Board.
(7)
Each application for a campground or RV park license shall be in
writing, signed by the applicant and submitted in quadruplicate, along
with all plans required, to the Building Inspector. The Building Inspector
shall promptly transmit copies of the application and plans to the
Planning Board, which shall review and act upon the application pursuant
to special use requirements. The Building Inspector, within 30 days
of the filing of the Planning Board action, shall issue the license,
provided all other requirements are met.
B.
Design standards and general requirements.
(1)
A campground or RV park shall have a gross area of at least 10 contiguous
acres of land in single ownership or under unified control.
(2)
All campgrounds and RV parks shall maintain front and rear yards
of 100 feet minimum, side yards of 50 feet minimum, stream setbacks
of 100 feet, and provide and maintain a screening strip of planted
natural materials along all property boundary lines, fully complying
with the landscaping standards herein. Such screening shall be a depth
of not less than 20 feet and designed to effectively screen the area
within a period of three to five years. A planting plan specifying
types, size, and location of existing and proposed plant materials
shall be required.
(3)
Lot and siting requirements.
(a)
RV park or campground campsites shall be at least 50 feet wide
and 3,500 square feet in area. Gross density, however, shall not exceed
a total of six campsites per acre for the development.
(b)
Campground or RV park campsites shall be separate from service
building structures by a minimum distance of 50 feet. The minimum
spacing between campsite pads shall be 80 feet (extremity to extremity).
(4)
At least one off-street parking space shall be provided for each
site, in addition to the site for placement of the recreational vehicle
or tent. Such space shall be a minimum of 12 by 30 feet in dimensions.
(5)
Recreational land development streets shall be improved to a twelve-foot
width for one-way traffic and twenty-foot width for two-way traffic
to accommodate regular vehicular traffic. Grades shall not exceed
12%.
(6)
No individual on-site sewerage or water supply shall be permitted,
and all systems for the common use of campground occupants shall fully
comply, as evidenced by approved plans, with standards imposed by
the New York State Departments of Conservation and Health and the
Town of Deerpark Engineer. At least one recreational vehicle sanitary
dumping station shall be provided for every 100 campsites or fewer.
(7)
No permanent external appurtenance, such as expandable rooms, carports,
or patios, may be attached, adjoined, or placed on the same property
with any recreational vehicle parked in a campground or RV park, and
the removal of wheels or placement of the unit on a foundation in
such park is prohibited.
(8)
A minimum of 200 feet of frontage along a public highway shall be
required. Entrances and exits to campgrounds or RV parks shall be
designed for safe and convenient movement of traffic into and out
of the park and to minimize friction with traffic on adjacent streets.
No entrance or exit shall require a turn at an acute angle, and the
radii of curbs and pavements at intersections shall facilitate easy
turning for vehicles with trailers attached. Every intersection of
an entrance or exit with a public highway shall have at least 500
feet of sight distance in both directions along the public highway
and be located a minimum of 150 feet from any other intersection.
Two accesses shall ordinarily be required.
(9)
A minimum of 50% of the gross site area of the campground or RV park
shall be set aside and developed as open space or common-use recreational
facilities.
(10)
Parking, loading, or maneuvering incidental to parking or loading
shall not be permitted on any public right-of-way. Each campground
or RV park operator shall provide off-street parking and loading areas
and shall be responsible for violations of these requirements.
(11)
Campground or RV park campsites shall be used only for camping
purposes. No improvement or living unit designed for permanent residential
occupancy shall be erected or placed on any campground or RV park
campsite, excepting a single-family home intended for the use of an
owner or resident manager. Specifically:
(a)
All recreational vehicles in the development shall be maintained
in a transportable condition at all times and meet all requirements
which may be imposed by the State of New York. Any action toward removal
of wheels or to attach the recreational vehicle to the ground for
stabilization purposes is hereby prohibited.
[1]
Rental dwelling units not mobile (i.e., cabins) must be approved
by the Planning Board.
[2]
Any "cabin" must meet New York State Building Codes and be maintained
to such standards.
[3]
Cabin units shall be connected to community water and sewer.
[4]
All rental dwelling units, including cabins, must have a valid
building permit.
(b)
No campground or RV park site shall be occupied for more than
four consecutive months, and no campground or RV park site shall be
the primary residence of the individual lot owner or any other occupant;
each site shall be used and occupied (excepting for occasional guests)
for camping and recreational purposes and only by a single household.
All campgrounds shall close annually between December 15 and March
15. All buildings and recreational vehicles, other than the home of
a resident manager or owner, shall be locked and made unavailable
for occupancy during this period.
(c)
The Town Building Inspector may require any owner to remove
a recreational vehicle from the campground for a period of seven days,
unless such owner can establish a prior removal or storage without
occupancy within the immediately preceding six months. These requirements
shall be included in restrictive covenants for nontransient campgrounds
or RV parks.
(d)
The management of every campground or RV park shall be responsible
for maintaining accurate records concerning the occupancy of all campground
or RV park campsites. The term "management" shall include associations
of property owners when such are responsible for maintenance and operation
of common facilities. The Building Inspector shall have access to,
and the right to inspect, records for evidence of permanent residency.
The Town Board and/or Building Inspector shall, in addition, have
the authority, when any provision of this chapter is violated, to
prohibit the occupancy of any and all campground and RV park campsites
until the owners and/or management comply.
(12)
No owner or occupant of any campground or RV park campsite shall
permit or allow the dumping or placement of any sanitary or other
waste anywhere upon any campground or RV park lot or elsewhere within
the development, except in places designated therefor. No outside
toilets shall be erected or maintained on any campground or RV park
campsite. Sanitary facilities, including toilets, urinals, and showers,
shall be provided in separate buildings located not less than 100
feet nor more than 300 feet from each campground or RV park campsite,
and all state health regulations shall be fully met. Portable temporary
toilets shall not be allowed on the premises without Planning Board
approval for specific dates.
(13)
All property lines within the development shall be kept free
and open; and no ledges, walls or fences, except as may be required
for screening or as may exist naturally, shall be permitted.
(14)
Noxious or offensive activities or nuisances.
(a)
No noxious or offensive activities or nuisances shall be permitted
within any campground or RV park. Such nuisances shall include, but
not be limited to:
(b)
Responsibility for meeting such requirements shall extend to occupants
of campground or RV park campsites as well as owners and operators.
(15)
No animals shall be kept or maintained on any campground or
RV park campsite except for the usual household pets, which shall
be kept confined and leashed at all times. Feces must be cleaned up
after.
(16)
No person shall burn trash, yard waste, debris, or refuse on
any campground or RV park campsite or property. Recreational campfires
shall meet campfire regulations below. All such refuse shall be placed
in closed receptacles which shall be provided by the owners of the
campground or RV park campsites and must be removed at least weekly.
No owner or occupant shall permit the accumulation of any refuse or
junk vehicles on a campground or RV park campsite or property. Owners
must provide a location approved by the Building Inspector for garbage
dumpsters, and the receptacles must be animal-proof and maintained.
(a)
Campground regulations.
[1]
Firewood.
[a]
"Don't move firewood" - A new regulation is
now in effect that prohibits the import of firewood into New York
unless it has been treated to kill pests. The regulation also limits
the transportation of untreated firewood to less than 50 miles from
its source.
[b]
By transporting firewood, you could be spreading
diseases and invasive insects that can quickly kill a large number
of trees. Help STOP THE SPREAD and obey the firewood regulation.
[i]
It is best to leave all firewood at home. Please
do not bring it to campgrounds or parks.
[ii]
Get your firewood at the campground or from a
local vendor. Ask for a receipt or label that has the firewood's
local source.
[iii]
If you choose to transport firewood within New
York State:
[A]
It must have a receipt or label that has the firewood's
source, and it must remain within 50 miles of that source.
[B]
For firewood not purchased (i.e., cut from your
own property), you must have a self-issued certificate of source (.pdf,
100 kb), and it must be sourced within 50 miles of your destination.
[C]
Only firewood labeled as meeting New York's
heat-treatment standards to kill pests (kiln-dried) may be transported
into the state and further than 50 miles from the firewood's
source.
[2]
Campfires.
[a]
Use existing campfire rings.
[b]
Build campfires away from overhanging branches,
steep slopes, rotten stumps, logs, dry grass, and leaves. Pile any
extra wood away from the fire.
[c]
Campfires must be less than two feet in height
and three feet in diameter. Only charcoal or untreated wood can be
used as fuel. Scrape away litter, duff, and any burnable material
within a ten-foot-diameter circle. This will keep the campfire from
spreading.
[d]
Be sure your match is out. Hold it until it is
cold.
[e]
Campfires should be drowned with water prior to
leaving the campsite and/or retiring for the night.
[f]
Never leave a campfire unattended. Drown the fire
with water. Make sure all embers, coals, and sticks are wet. Move
rocks as there may be burning embers underneath.
[g]
Stir the remains, add more water, and stir again.
If you do not have water use dirt. Do not bury your coals as they
can smolder and break out.
(17)
Picnic tables, grills and similar items of personal property
may be placed on a campground or RV park campsite, provided they shall
be maintained in good condition.
(18)
Each owner shall keep drainage ditches and swales located on
his campground or RV park campsite unobstructed and in good repair
and shall provide for the installation of such culverts upon his campground
or RV park campsite as may be reasonably required for proper drainage.
(19)
No water wells shall be permitted on any individual campground
or RV park campsite. The campground or RV park shall be serviced by
a central or community water system capable of delivering a minimum
of 100 gallons per day per site at a minimum pressure of 20 pounds
per square inch at peak demand. Potable water drinking supplies shall
be provided within 250 feet of each campground or RV park campsite
and shall be operational during any period of occupancy. One water
spigot shall be provided for each 10 campsites without water facilities.
Other water sources supplied to toilets and urinals shall not be physically
connected with the drinking supply or be available for public use.
Service buildings housing sanitation facilities shall be heated when
the campground is occupied between November 1 and March 31 if winter
camping is allowed by special use or the ZBA, and in accordance with
conditions and codes.
(20)
A public phone or similar arrangement for emergency communication
shall be available 24 hours per day at each restroom facility within
each campground or RV park.
(21)
Every campsite and structure shall be accessible by fire and
emergency equipment and shall be maintained in such condition, free
of obstacles to access.
(22)
The operational standards contained in this section shall be
incorporated in restrictive covenants attached to the deeds for campsites
in nontransient campgrounds or RV parks and shall be made part of
a management plan for any transient campgrounds or RV parks, which
covenants and/or plan shall be approved by the Planning Board during
site plan review. A plan or set of covenants which does not adequately
provide for conformance with this section shall not be approved. The
plan and/or covenants shall also provide the Town with the right to
periodically inspect the development for continued compliance with
the plan and/or covenants.
(23)
Each campsite (except a designated primitive tent camping area)
shall be provided with 30-amp, 120-volt electrical service. Sufficient
exterior illumination shall also be provided for convenience and safety.
All lighting shall be shielded from the direct view of surrounding
properties and streets.
(24)
Campground stores are permitted to be located within the campground
and may be part of the office.
(25)
All ancillary facilities, such as stores, offices, pools, service
buildings and the like, shall be subject to site plan review and special
use approval.
(26)
All campgrounds shall provide a children's playfield of
at least one acre in size (not including the pool if provided), with
at least one acre of playfield for each 25 campsites. All pools shall
be set back a minimum of 200 feet from any exterior property line,
and all other recreational facilities shall be set back at least 100
feet. Setbacks for lighted facilities shall be twice these figures.
All facilities are subject to the New York State Building Code, and
building permits shall be required for any new construction, repairs,
or alternations.
(27)
Storage on site must be approved by the Planning Board.
C.
Enforcement.
(1)
The Building Inspector shall enforce all of the provisions of this
chapter and shall have the right, at all reasonable times, to enter
and inspect any campground or RV park or other premises used as a
campground or RV park or for the parking or placing of recreational
vehicles.
(2)
If the Building Inspector finds that a campground or RV park for
which a license has been issued is not being maintained in a clean
and sanitary condition or is not being operated in accordance with
the provisions of this chapter, he may service personally or by certified
mail upon the holder of the license a written order which will require
the holder of the license to correct the conditions specified in such
order within 10 days after the service of such order. Such order may
also be posted on the property if the licensee is otherwise unable
to be reached.
(3)
If the holder of such license shall refuse or fail to correct the
condition or conditions specified in such order, the Building Inspector
may revoke such license, and the holder of the license shall thereupon
immediately terminate the operation of such campground or RV park
and shall be held to be in violation of this chapter.
(4)
If the owner or operator of such facility shall thereafter correct
such condition(s) and bring the facility into compliance with this
chapter, such owner may then apply for a new license.
(5)
None of the provisions of this chapter shall be applicable to the
following:
(a)
The business of recreational vehicles sales.
(b)
The storage of a recreational vehicle on a property used as
the principal residence by the owner of such recreational vehicle;
provided, however, that such recreational vehicle shall be unoccupied
and not be parked or located between the street line and the front
building line of such premises.
(c)
Camping by the owner on his or her own property, provided a
permit of no more than two weeks in consecutive days has been issued
by the Building Inspector pursuant to this chapter, appropriate sanitary
facilities and/or sewage disposal systems are in place to serve the
unit, and the lot on which it is to be placed is a minimum of 50 feet
in width. The Building Inspector shall develop and enforce a permit
system which shall be applicable to all such camping. No permit, however,
shall be required for tent camping by owners in the rear or side yard
of any residence for more than 14 continuous days.
(6)
This section shall apply to any extension of existing campgrounds
or RV parks, including increases in the number of lots or available
spaces, even if no addition to total land area is involved.
(7)
The operational standards of this section shall also apply to existing
parks. However, existing parks shall be assumed to have conformed
to the formal license and renewal procedure if they have either a
use permit from the Town pursuant to this chapter or a permit from
the New York State Department of Health. Any existing park which does
not have a permit from the Department of Health or approval from the
Town shall not qualify for this treatment and shall be required to
make a new submission.
Manufactured homes and manufactured home parks shall be subject
to the requirements of the Town of Deerpark Manufactured Home Law[1] and the following standards and review criteria:
A.
Permitted locations. Manufactured homes shall be permitted only within the mobile home parks (where permitted), excepting that double-wide units shall be permitted in the same locations as other single-family residences, subject to the standards of Subsection B below.
B.
Standards applicable to individual manufactured homes.
(1)
A double-wide manufactured home may be placed in the Town only after
obtaining a manufactured home/building permit and shall require a
certificate of occupancy before initial occupancy.
(2)
Double-wide manufactured homes located outside of manufactured home
parks shall comply with all area and bulk requirements that apply
to one-family houses in the same zoning district.
(3)
All double-wide manufactured homes shall be connected to an adequate
supply of potable water; shall be connected to a community wastewater
system or septic system constructed to all state and local requirements;
and shall be connected to all applicable utilities, including, but
not limited to, electric power, telephone, propane gas, and fuel oil.
All the foregoing connections or services shall be provided to the
manufactured home within 90 days of permit issuance for placement
of the home.
(4)
All double-wide manufactured homes hereafter erected in the Town
shall have been manufactured no less than 10 years earlier than the
date of application, be Underwriters' Laboratories certified, and
bear the seal of the United States Department of Housing and Urban
Development. The Zoning Board of Appeals may waive this requirement
for just cause and attach conditions to protect public health and
safety.
(5)
All double-wide manufactured homes shall have peaked roofs, with
a minimum pitch of three feet vertical to 12 feet horizontal.
(6)
Double-wide manufactured homes, outside of manufactured home parks,
shall be installed on a load-bearing foundation complete with footings,
such as a crawl space or full basement meeting New York State Building
Code standards.
(7)
Structure frames of double-wide manufactured homes must be securely
attached to the foundation as provided by New York State Building
Code standards.
(8)
Permanent steps and handrails shall be constructed at all access
points of the double-wide manufactured home to ensure a safe means
of ingress/egress into the dwelling unit.
(9)
Exceptions to permanent placement requirements.
(a)
Construction field office. A single manufactured home unit may
be temporarily located in any zoning district for use as a construction
field office, real estate sales office, or manufactured home sales
office, provided a building permit has been issued under the New York
State Building Code. Such offices may not be installed prior to 30
days before the commencement of the relevant project and must be removed
within 30 days after the completion of the relevant project, a maximum
of one year, with a one-year extension subject to approval of the
Planning Board.
(b)
Temporary placement of manufactured homes. It shall be unlawful
to store any mobile home on any property within the Town of Deerpark
for a period in excess of 30 days.
(10)
Prohibited uses for manufactured homes. Manufactured homes shall
be used for single-family dwelling purposes only. All other uses,
including, but not limited to, use as a warehouse, storage shed, tool
shed, outbuilding, or garage, are prohibited.
(11)
Nonconforming manufactured homes. Any manufactured home lawfully
in existence at the time of the adoption of this chapter which is
not in full compliance with this chapter may remain in its existing
location but may not be otherwise relocated within the Town except
with respect to relocation on the same lot. No manufactured home previously
occupied as a dwelling may be converted to a use prohibited by this
chapter, however.
C.
Manufactured home park special use and site plan review criteria.
The Planning Board shall, in reviewing and acting upon special use
applications for manufactured home parks, apply the requirements of
the Town of Deerpark Manufactured Home Law[2] and the following standards and review criteria:
(1)
The location of the park shall be one demonstrably suitable for such
use, with proper drainage and provisions for stormwater control such
that the amount of water leaving the site after development shall
not be greater than prior to development.
(2)
There shall be documentation of the availability and adequate capacity
of all utility providers to service the park. Off-site or centralized
water facilities shall be provided.
(3)
The park shall be designed to provide maximum open space consistent
with the minimum manufactured home lot size requirements of the Manufactured
Home Law and offer buffering of individual manufactured homes from
each other and from other adjoining lot owners. It shall be landscaped
so as to develop and maintain a high-quality aesthetic environment
and neighborhood character for prospective new and existing residents.
(4)
Adequate provisions shall be made for outside storage space, and
these shall not in any way interfere with emergency access.
(5)
Adequate provisions shall be made to control potential nuisance situations
such as accumulation of unused materials or vehicles.
(6)
Recreational facilities sufficient to accommodate the number of dwellings
proposed shall be provided.
(7)
There shall be adequate groundwater supplies to support the proposed
water system without causing a detrimental impact on adjoining water
supplies, and evidence of this shall be provided and professionally
reviewed.
(8)
The management and operations plan for the park shall provide for
maintenance of all common facilities and ensure the purposes and requirements
of this chapter are met. It shall also provide for limitation of occupancy
to manufactured homes meeting United States Department of Housing
and Urban Development regulations under the Manufactured Housing Act.
(9)
The manufactured home park shall not result in an overconcentration
of such uses in a particular area of the Town such that 200 or more
mobile homes are placed on contiguous properties, for example.
A.
Purposes.
(1)
It is the purpose of this section to permit but not require, upon
receipt and approval by the Town Board of an application made by the
landowner(s), the establishment of a zoning classification entitled
"Planned Residential Development (PRD) District." Such district may
be permitted for the following purposes:
(a)
A maximum choice in the types of housing, lot sizes and community
facilities available to present and future Town residents or visitors
at all economic levels.
(b)
More usable open space and recreation areas.
(c)
More convenience in location of certain accessory commercial
and service areas.
(d)
The preservation of trees, outstanding natural topography and
geological features and the prevention of soil erosion.
(e)
A creative use of land and related physical development which
allows an orderly transition from rural to urban uses.
(f)
An efficient use of land resulting in small networks of utilities
and streets and thereby lower housing costs.
(g)
A development pattern in harmony with objectives of the Town
of Deerpark Comprehensive Plan.
(2)
Generally, these floating districts (permitted within HM-U and RR
Zones) are intended to provide landowners who wish to develop functionally
integrated residential or resort communities or complexes with the
flexibility to do so, provided that sufficient open space will be
preserved and the development is designed with safeguards to protect
the public health, safety and welfare.
B.
Procedures. The Town Board shall establish PRD Districts in the following
manner:
(1)
The owner(s) of the land in a proposed PRD District shall initially
apply to the Town of Deerpark Planning Board for the establishment
of a PRD - Planned Residential Development District. The application
shall be in writing and include a sketch plan.
(a)
Said sketch plan shall be drawn to scale, though it need not
be to the precision of a finished engineering drawing, and it shall
indicate the following information:
[1]
The location and types of the various uses and their areas in
acres.
[2]
Delineation of the various residential areas, indicating for
each such area its general location, acreage and composition in terms
of total number of dwelling units, approximate percentage allocation
of dwelling units by type and the calculation of the residential density
in dwelling units per gross acre of site area.
[3]
The general outlines of the interior roadway system and all
existing public and private rights-of-way and easements.
[4]
The location and area of the common open space.
[5]
The overall drainage system.
[6]
A location map showing uses and ownership of abutting lands.
[7]
Provision of sewers, water and other required utilities.
(b)
In addition, the following documentation shall accompany the
sketch plan:
[1]
Evidence that the proposal is compatible with the goals of the
Town of Deerpark Comprehensive Plan.
[2]
How common open space is to be owned and maintained.
[3]
If the development is to be staged, a general indication of
how the staging is to proceed. The sketch plan shall show the total
project whether or not the proposed development is to be staged.
(2)
The Planning Board shall review the sketch plan and related documents
and render a report to the applicant on the acceptability of the proposal
along with recommendations for changes or improvements, if any. An
unfavorable report shall state clearly the reasons therefor and, if
appropriate, advise the applicant what revisions are necessary to
receive acceptance.
(3)
Upon receipt of the Planning Board's report, which shall be made within 62 days of the meeting at which the sketch plan is initially presented, the applicant shall submit a preliminary development plan for the project to the Planning Board, including, but not limited to, all information required under Chapter 200, Subdivision of Land, and for purposes of compliance with the State Environmental Quality Review Act (SEQRA). The applicant shall also submit, in the form of a letter or brief, information indicating how the development will specifically comply with or meet the special use and site plan review criteria contained in this chapter and the following additional information:
(a)
An area map showing the property proposed for PRD and adjacent
property, if any, owned by the applicant and all other properties,
roads, and easements within 500 feet of the applicant's property.
(b)
The preliminary development plan shall show the location, proposed
uses and height of all buildings; locations of all parking and truck
loading areas which egress thereto; location and proposed development
of all open spaces; location of all existing or proposed site improvements;
description and location of water supply, sewerage system and storm
drainage system; location of all signs and designs of lighting facilities;
the extent of building area proposed for nonresidential uses, if any;
the location of existing watercourses and wetlands; and the location
of municipal and fire, light and school district boundaries.
(4)
Action on preliminary plan.
(a)
Within 62 days of the receipt of a completed preliminary development
plan, the Planning Board shall review such submission, act upon the
SEQRA submission, conduct a public hearing on the development plan
and recommend action to the Town Board regarding establishment of
a PRD District to accommodate the proposed project. It shall concurrently
approve, disapprove, or approve with modifications the preliminary
development plan, conditioning any approval on action of the Town
Board with respect to the PRD District.
(b)
The Planning Board shall approve the plan if it finds that:
[1]
The proposed uses will not be detrimental to present and potential
uses in the area surrounding the proposed district.
[2]
Existing and future highways are suitable and adequate to carry
anticipated traffic associated with the proposed district.
[3]
Existing and future utilities are or will be adequate for the
proposed development.
[4]
The development plan complies with the requirements of this
chapter and is consistent with the Town of Deerpark Comprehensive
Plan.
(c)
Preliminary approval by the Planning Board shall be in the form
of a written statement to the applicant and may include recommendations
to be incorporated in the final site plan. If the preliminary development
plan is disapproved, the statement of the Planning Board shall contain
the reasons for disapproval. The Planning Board may recommend further
study and resubmission of a revised preliminary development plan.
(5)
When the Planning Board has approved a development plan for a proposed
district, the plans shall be filed in the office of the Town Clerk,
and the Town Board shall then proceed to consider amendment of the
chapter in accord with the Town Law, conducting a hearing and acting
upon the same within 90 days of the meeting at which the Planning
Board's recommendation is received. The Town Board shall, where
appropriate, provide for County Planning Department review of the
proposal and may attach conditions to its approval. When any planned
district is not substantially developed in accordance with the approved
preliminary development plan for a period of three years from the
effective date of its establishment, and provided that it shall then
appear that rights vested in persons acting in good faith in reliance
on such zoning classification will not be prejudiced thereby, the
Town Board, upon resolution and no earlier than 62 days following
written notice to the applicant and general publication in a newspaper
of general circulation, may declare the same, by which action the
change in classification to a PRD District shall be voided. The Town
hereby exercises its authority under § 10 of the Municipal
Home Rule Law to supersede § 264 of the New York State Town
Law so as to permit voiding of a zoning change without resorting to
further rezoning procedures.
(6)
Final approval.
(a)
After the Planning Board has approved the preliminary development plan, and provided the Town Board has approved the establishment of the PRD District, the applicant shall prepare a final development plan, including all information required under Chapter 200, Subdivision of Land, and submit it to the Planning Board for final approval.
(b)
Where more than 12 months have elapsed between the date of preliminary
approval and the time of submission of the final development plan,
and where the Planning Board finds that conditions affecting the plan
have changed significantly in the interim, the Planning Board may
require a resubmission of the preliminary development plan for further
review and possible revision prior to accepting the proposed final
development plan for approval by the Planning Board. The applicant(s)
may, or the Planning Board may require the applicant to, submit the
final development plan in stages.
(c)
The final development plan shall conform substantially to the preliminary development plan approved by the Planning Board and meet all requirements set forth in Chapter 200, Subdivision of Land, pertaining to final plans. It shall incorporate any revisions or other features that may have been recommended by the Planning Board and/or the Town Board at the time of preliminary review.
(d)
Within 62 days of the receipt of a completed application for
final development plan approval, the Planning Board shall review and
act on such submissions and so notify the Town Board. If no decision
is made within 62 days, the final development plan shall be considered
approved.
(e)
Upon approving an application, the Planning Board shall endorse
its approval on a copy of the final development plan and shall forward
it to the Building Inspector, who may then issue a building permit
to the applicant if the project conforms to all other applicable requirements
of the Town.
(f)
If the application is disapproved, the Planning Board shall
notify the applicant and Town Board of its decision, in writing, and
its reasons for disapproval.
C.
General requirements.
(1)
Location. A PRD District may be permitted within HM-U (Hamlet/Mixed
Use) and RR (Rural Residential) Districts.
(2)
Minimum site area. A PRD District should comprise at least 800 contiguous
acres of land, except for retirement housing projects, which shall
require 200 contiguous acres of land, although lesser-sized tracts
may be approved at the discretion of the Planning Board and the Town
Board.
(3)
Density and open space. The density and open space standards applicable
to conservation subdivisions shall also apply to all PRD projects.
(4)
Utilities. All uses situated in a PRD District shall be served by
community water and sewerage systems. All water, sewer, and gas lines
(where available) and all other lines providing power and communication
service shall be installed underground in the manner prescribed by
the appropriate state and local agency and/or utility company having
jurisdiction.
(5)
Permitted uses. All residential uses, except mobile homes, hotels,
motels, and resorts, shall be permitted in PRD Districts.
(6)
Other zoning requirements. With the exception of lot and yard requirements
which may be waived or modified by the Planning Board, the PRD District
shall comply with all other provisions of this chapter. No modification
or waiving of density standards generally applicable to PRD Districts
shall be permitted. Density for nonresidential uses shall be determined
on the basis of the projected sewage flows, with an equivalent dwelling
unit being that amount of flow normally associated with a one-family
residential dwelling.
(7)
Ownership. The land proposed for a PRD District may be owned, leased
or controlled either by an individual, corporation or by a group of
individuals or corporations. PRD District applications shall be filed
by the owner or jointly by all owners of the property included in
the application. In the case of multiple ownership, the approved plan
shall be binding on all owners.
(8)
Organization. A PRD District may be organized as a condominium, a cooperative, a leasehold, or held in individual or corporate ownership. If a property owners' association (POA) is to be established, and one shall be required if any property is to be held in common, such POA shall be organized as provided for conservation subdivisions in Chapter 200, Subdivision of Land.
A.
Intent and purposes. It is the intent and purpose of this section
to create, by special use permit or rezoning of the Town Board, planned
residential communities (PRCs) and planned residential retirement
communities (PRRCs), on one or more sites and in proper locations,
within the RR and HM-U Zones, but outside the RRC Overlay Zone, so
as to promote and encourage the following:
(1)
Variety
of housing types. Promote the opportunity to create a wider variety
of housing types, ranging from single-family detached to single-family
attached units (townhouses) and multiple dwellings designed to serve
the present and the future owner-occupied and rental housing needs
in the Town of Deerpark, including elderly households, families of
moderate income, small families, and seasonal residences.
(2)
Creative use of large tracts. Encourage the creative use of large
tracts of land with direct access to state or county highways, and
which contain at least 800 contiguous acres of land, so as to promote
the establishment of a more-desirable living environment than would
normally be possible under current regulations. PRRDs for age-oriented
developments shall be required to have adequate access over public
roads to state or county highways and contain at least 200 contiguous
acres of land. (NOTE: PRDs for non-age-oriented residential developments
shall contain at least 800 acres of land and shall have direct access
to state and county roads).
(3)
Flexibility of design and development. Provide for flexibility of
design and development in such a way as to promote superior land planning
design, greater economy, efficiency and convenience in the arrangement
of land uses and their supporting infrastructure, preserve open space,
protect wetlands, floodplains and other natural features, and preserve
scenic areas and vistas.
(4)
Service and utilities. Encourage orderly and well-planned development
of a scale and location that will make it feasible to construct a
comprehensive package of supporting utilities, services and facilities,
active and passive recreation facilities, a stormwater control and
management system, and energy conservation measures, so as to achieve
developments which are environmentally, physically, visually, and
economically superior.
(5)
Traffic circulation. Encourage orderly development of sites with
adequate access over public roads to either state or county highways,
either directly or by the development of new or existing roads to
current Town standards, so as to provide safe, efficient, adequate
access and traffic circulation.
(6)
Recreational and economic development. Encourage residential development
that will add to the economic base of the community and support tourism,
such as adult-oriented and seasonal developments in PRRDs. Such uses
will serve to offset a lack of industrial ratables while having a
minor impact on traffic and tax costs by not generating school-age
children.
(7)
Preservation. Encourage the preservation, to the greatest reasonable
extent possible, of slopes over 25%, wetlands, flood-prone areas,
historic structures or sites, unique natural or geographic formations,
rare vegetation or habitats of endangered wildlife, lakes, ponds,
significant recreational areas or resources, trails, bikeways, pedestrian
routes, significant scenic routes and particularly those having views
of ridgelines, water bodies, scenic vistas, and mountains.
(8)
Adequate review. Provide adequate review and supervision of development
by requiring both conceptual and specific plan approvals tied to the
findings of adopted environmental impact statements.
B.
Eligibility. This authorization shall be applicable to the RR and
HM-U Zones of the Town of Deerpark (not including the RRC Overlay
Zone) and shall be utilized only when the Town Board determines that
its utilization will benefit the Town based upon the results of a
generic or draft environmental impact statement. Once the GEIS or
DEIS is prepared and SEQRA process has been completed as specified
hereinunder, the Town Board shall determine if the Zoning Map will
be changed in accordance with the provisions of these regulations.
When the Zoning Map is changed to reflect the PRD or PRRD District
created, that use will be the exclusive use allowable on that rezoned
parcel.
C.
Uses within a PRD or PRRD.
(1)
Primary uses. Primary uses within a PRD or PRRD shall be as follows:
(a)
Residential uses. Detached, semidetached, or attached one-family
dwellings, and multiple dwellings.
(b)
Nonresidential uses. Active and passive park and recreational
areas, open space and recreational facilities, swimming pools, tennis
courts, ballfields, golf courses, playgrounds, walkways, bikeways,
riding trails, nature trails, and similar structures and facilities.
Certain uses which may be noise-inducing or visually offensive, such
as, but not necessarily limited to, amusement parks or rides, bungee
jumping, motorcross or motorized trail bike facilities, shall be prohibited.
(2)
Accessory uses.
(a)
Accessory uses in PRD or PRRD shall include the following:
[1]
Buildings and/or facilities designed or intended for the administration
or maintenance of the PRC or PRRC.
[2]
Off-street parking facilities and utilities.
[3]
Buildings and/or facilities (attached to or detached from the
residential units) designed or intended for storage of residents'
personal belongings or equipment for an approved use.
[4]
Residential and cultural facilities for the sole use of the
residents of the PRC or PRRC and their guests, including, but not
limited to, the following: clubhouse, restaurant and/or snack bar,
swimming pool, tennis courts, shuffleboard courts, picnic grounds,
community center and hiking trails, or any other amenities desirable
for the implementation and development of the community. All such
facilities, however, shall be subordinated to the residential character
of the community.
[5]
Buildings and/or facilities designated or intended to facilitate
the sale or resale of the residential dwelling units.
[6]
Construction-related storage sheds.
[7]
Such other uses as may customarily be accessory to this type
of community.
(b)
All of the foregoing shall be subject to the discretion of the
Planning Board with regard to size, need, and appropriateness to the
community.
(3)
Public and commercial uses. The following additional uses are permitted
within a PRD or PRRD, provided they are designed, planned and developed
for the sole purpose of service to the residents and guests of the
PRC or PRRC:
(a)
Public uses. Health care facilities, schools, public buildings,
membership clubs, child and/or adult day care or nursery schools and
other uses supportive of the special needs of a particular PRC or
PRRC.
(b)
Commercial uses. Retail, personal service shops, business and
professional offices and grocery stores, provided that the total land
area devoted to commercial uses does not exceed 4% of the gross acreage
within an age-oriented PRRC or does not exceed 2% of the gross acreage
within a PRC. Automotive-related uses may be permitted and limited
by the Planning Board at its discretion as part of their approval
of the PRC or PRRC.
(4)
PLANNED RESIDENTIAL COMMUNITIES (PRC)
PLANNED RESIDENTIAL DISTRICT (PRD)
PLANNED RESIDENTIAL RETIREMENT COMMUNITY (PRRC)
PLANNED RESIDENTIAL RETIREMENT DISTRICT (PRRD)
Definitions.
A residential development located within a PRD, consisting
of one or more parcels of land with a contiguous total area of at
least 800 acres forming a land block, to be developed exclusively
as a planned residential community in conformance with the applicable
provisions of this chapter.
A zoning district devoted exclusively to the creation, development
and regulation of planned residential communities (PRC) and their
accessory uses.
A residential development located within a PRRD consisting
of one or more parcels of land with contiguous total area of at least
200 acres forming a land block, to be developed exclusively as a planned
retirement community as established and further defined in this chapter.
A zoning district devoted exclusively to the creation, development,
and regulation of planned residential retirement communities (PRRC)
and their accessory uses.
D.
Development standards and controls. Except where specified herein,
all development standards and controls normally applicable to all
other residential subdivisions and uses shall also be applicable to
PRCs and PRRCs. Where these standards are in conflict with other provisions
of this chapter or other Town regulations, the standards contained
herein shall govern.
(1)
Gross density.
(a)
The maximum permitted density for an age-oriented PRRC will
be 6.25 dwelling units per gross acre. The maximum permitted density
for a PRC will be 3.0 dwelling units per gross acre. However, if the
gross acreage of a PRC includes land in the following categories,
the total amount of land in these categories shall be deducted from
the gross acreage in calculating density.
(b)
Gross acreage density deductions for PRCs include:
[1]
Slopes of 25% and greater.
[2]
Existing easements unusable for development.
[3]
Existing streets.
[4]
Water bodies.
[5]
DEC-regulated wetlands for which no permit has been granted
for development and which have been delineated on an official wetland
map of the NYSDEC at a date at least one year prior to the time of
submission of an application under this section of this chapter.
[6]
Federal wetlands, as described by a wetland specialist on an
application suitable for submission to the United States Army Corps
of Engineers, for which no permit has been granted for development.
(2)
Legal formation.
(a)
An age-oriented residential development community PRRC shall,
through its corporate association, association owners, or any other
legal entity, consist of a parcel or parcels of land which shall be
restricted in their use, occupancy, or ownership, or any combination
thereof, by bylaws, rules, regulations, covenants or restrictions
to permanent residents whose use, occupancy, or ownership shall be
restricted as applicable to:
[1]
Any person of the age of 55 years or over; or
[2]
A husband or wife, regardless of age, residing with his or her
spouse, provided that the spouse of such person is of the age of 55
years or over; or
[3]
The child or children residing with a permissible occupant or
owner, provided that the child or children is or are of the age of
19 years or over; extreme exceptions by Zoning Board of Appeals for
temporary permission for younger children for a period of up to six
months; or
[4]
Adults under 55 years where it can be shown that the presence
of such person is essential to the physical care of an older person
or qualifying individual or individuals, by reason of their medical
condition.
(b)
The applicant will have to demonstrate how these provisions will be enforced and the consequences if the provisions are not met after applicants qualified under Subsection D(2)(a)[1], [2], [3] or [4] above take title.
(3)
Ownership. The ownership, use, or occupancy of the residential units in such PRRC may be achieved through fee-simple, condominium, or cooperative ownership, or the granting of a leasehold interest. The manner of ownership shall not be dispositive of the development's qualifications as a PRRC. Said parcel shall be deemed to qualify as a PRRC if its ownership, use, or occupancy, as set forth in its bylaws, rules, regulations, covenants or restrictions, as applicable, are restricted and dedicated to and conform with eligibility criteria set forth in Subsection D(2)(a)[1], [2], [3] or [4] above.
(4)
Guests. Notwithstanding the foregoing, nothing contained herein shall
be construed to prohibit the adoption of any rules, regulations, laws,
covenants, and restrictions permitting the permanent residents of
such communities to invite members of the extended family or guests,
or both, for temporary visits, from time to time, or prohibiting the
adoption of such other rules that are appropriate for such community.
In no case shall "temporary" exceed three months.
(5)
Minimum lot dimensions.
(a)
Single-family detached units. In no case shall single-family
detached housing in fee-simple ownership be placed on lots smaller
than 5,000 square feet. This lot size minimum shall not apply to units
in condominium ownership.
(b)
Single-family attached, semidetached, and multifamily units.
In no case shall single-family attached and semidetached units in
fee-simple ownership be placed on lots smaller than 2,000 square feet
per unit.
(6)
Building height. The maximum permitted building height within a PRD
or PRRD shall be 35 feet and 2 1/2 stories.
(8)
Screening and buffering. The minimum buffer area shall in no case
be less than 50 feet measured from the boundary of the PRD or PRRD
to the nearest building, parking area, or active recreation area.
In reviewing the development plan, the Planning Board shall consider
the setback and proposed screening of active recreation areas and
may require buffer areas of up to 100 feet for such uses. Buffer and
screening areas shall be landscaped or left in their natural state
wherever possible.
(9)
Open space and recreation areas. At least 1/3 of the gross acreage
of any PRC or PRRC shall be composed of land which is used for recreational
purposes and/or preserved as permanent open space and neither used
for motor vehicles nor located within 20 feet of a building.
(10)
Vehicular circulation system and traffic access. All streets
and driveways within a PRC or PRRC shall be designed to adequately
serve their intended traffic function and the anticipated volume of
traffic of the development. Adequate access for a PRRC shall be provided
via a public road to a state or county highway either directly or
by a new road built to current Town standards for a two-lane road.
Major traffic circulation streets which connect to the various sections
of the PRRC and provide access to the off-site roads shall be designated
“collector roadways” and shall be paved to a width of
not less than 22 feet with a fifty-foot right-of-way. All other vehicle
circulation elements shall be designated as “minor roadways”
and shall be paved to a width of not less than 20 feet with a thirty-foot
right-of-way. These standards shall also apply to a PRC, but a PRC
must have direct access to a state or county highway.
(11)
Pedestrian circulation system. In each PRC or PRRC, a pedestrian
circulation system shall be designed and installed, in addition to
the vehicular circulation system, which is sufficient for the needs
of its residents. Such a system might be composed of a combination
of paved and unpaved walkways and bikeways of appropriate width, design,
and location to serve their intended function.
(12)
Utilities and services.
(a)
Underground lines. All power and communication lines, as well
as water, sewer, and storm drainage lines (where approved by the Town
Engineer), shall be installed underground in the manner prescribed
by the regulations of the government agency or utility company having
jurisdiction. Storm drainage is encouraged to be located in open swales.
(b)
Preliminary approval of the site plan. All buildings within
PRDs and PRRDs shall be served by central water supply and sewage
treatment systems as approved by appropriate government agencies having
jurisdiction thereof. Preliminary Planning Board approval shall be
conditioned on approvals of other agencies where other agencies are
required to provide approvals. Individual privately owned wells shall
not be permitted. An exception to the central sewer requirements is
made for up to five model homes in a PRD or PRRD on a temporary basis
for up to two years. Thereafter, they shall be tied into the central
sewer system or no further building permits will be issued for the
development.
(c)
Future needs. Where utility facilities are provided, they shall
be planned in such a way as to anticipate future utility needs and,
wherever reasonably feasible, shall be sited to reduce the capital
costs associated with any future central utility construction.
(d)
Television hookups. Television hookups shall either be by cable
television or central antenna system designed to minimize adverse
aesthetic impact.
(e)
Refuse collection. The PRC or PRRC shall provide an adequate
means of collection and storing of refuse between collections, including
recycling. Any outside storage and garbage shall be in centrally located
containers designed to prevent rodent infestations and shall provide
sufficient screening as determined by the Planning Board.
(f)
Cooling systems. Cooling systems shall be designed so as to
minimize adverse aesthetic impact.
(g)
Surface water runoff. A surface water management plan shall
be developed to demonstrate that the rate of stormwater runoff from
the site after construction is no greater than the rate of runoff
prior to development.
(h)
Surface water quality runoff. The surface water discharges shall
meet appropriate state and federal standards for water quality.
(13)
Parking.
(a)
All parking facilities shall be located upon the same tract
of land as the buildings they are to service.
(b)
Parking areas shall be provided on site within areas designed
and designated specifically for parking and not on or along streets.
(c)
There shall be a minimum of not less than two parking spaces
for each dwelling unit in a PRC and a maximum of two parking spaces
for each dwelling unit in a PRRC. At least 10% of such spaces shall
be designated for guest parking.
(d)
All spaces shall be located within designated parking areas
or within the structure of buildings. Access to roads, driveways or
parking areas shall be designed such that no vehicles are required
to back onto "collector" streets.
(14)
Certificate of occupancy. No certificate of occupancy shall
be issued for the use or occupancy of any building or dwelling located
in a PRD or PRRD unless said building or dwelling has been constructed
in accordance with and substantially complies with the approved site
development plan.
(15)
Maximum length of building. No building, dwelling unit, or other
structure shall be constructed to a length in excess of 150 feet,
except for a commercial building upon approval by the Planning Board.
(16)
Maximum clearance of vegetation. Existing vegetation may be
cleared for the construction of the buildings, parking areas, dwelling
units, and recreation areas forming the PRC or PRRC to a maximum of
50% of the total gross site area for a PRD and a maximum of 60% of
the total gross site area for a PRRD.
(18)
Distance between buildings. There shall be a minimum distance
of 20 feet between all structures and a minimum distance of 50 feet
between the front or rear of a residence and another residential structure.
E.
Application procedure.
(1)
The application and approvals shall consist of three sequential phases.
(a)
Phase 1. The first phase will be an optional discussion of requirements
with the Town Board and Planning Board at a joint meeting. In this
phase, the applicant may, prior to formal submission of the development
plan application as described below, meet in a preapplication conference
with the Town and Planning Boards. At this conference meeting, the
applicant and Town and Planning Boards shall review the requirements
and procedures defined herein, discuss the general planning concepts
for the proposed development, and determine at the meeting if the
proposal meets the requirements of this chapter for a PRD or PRRD.
At least 15 days prior to a meeting with the Boards, the applicant
shall submit 15 copies of a sketch plan of the PRC or PRRC at a scale
of one inch equals 200 feet with sufficient detail as to land uses
and access points to permit the Boards to determine if the proposal
meets the basic PRD or PRRD requirements. The purpose of this phase
is to clarify the regulations, provide for better understanding, and
make the development process more efficient. It is optional, at the
discretion of the applicant.
(b)
Phase 2. The second phase is submission of the plans to the Town Board for designation or rezoning of the area as a PRD or PRRD and the simultaneous PRC or PRRC plan review by the Town Board and Planning Board or the alternative rezoning of the site, which procedure is described in Subsection E(1)(b)[1] below. The application for designation of the PRD or PRRD and PRC or PRRC development plan shall consist of the following, of which 25 copies shall be submitted to the Town Board.
[1]
Alternate rezoning procedure, GEIS, and fees. The applicant may opt to break Phase 2 into two separate phases by requesting a rezoning of the site supported by the preparation and submission of a generic environmental impact statement (GEIS), and later address the items in Subsection E(1)(b)[2] through [9] below with more-detailed site plans and a site-specific supplemental draft environmental impact statement after such zone change has been approved. If this option is chosen, the GEIS shall address, at a minimum, the following concerns: 1) water - adequacy for units proposed for domestic and fire flow protection and general location of towers and well field(s); 2) sewer - demonstrate means of sewage treatment, location of plant and waste assimilative capacity analysis of stream to be used for sewage discharge; 3) layout of site showing general density, type, location and mix of dwelling units; 4) wetlands based on state DEC maps; and also potential federal wetlands based on either soils maps or National Wetland Inventory Maps, whichever is more stringent; 5) proposed areas of open space and recreation, and type of recreation planned; 6) traffic access, including average annual daily traffic volumes, peak-hour volumes, sight distance at access locations to existing road(s) and description of need (if any) for upgrading of access road; 7) drainage basins and channels, including floodways and floodplains (if any); and 8) a site map at a scale no larger than one inch equals 200 feet, with a scale of one inch equals 100 feet being preferable, and such map showing slopes based on twenty-foot contour maps or smaller contour intervals if the same are readily available. The GEIS must be prepared in adequate detail for the Town Board and general public to fully understand the scope and impact of the overall project and what measures need to be taken to mitigate these impacts in the future.
[a]
Fees. The submission of the GEIS for review shall be accompanied by a SEQRA review deposit of $10,000 to be placed in escrow by the Town. Such funds shall be used by the Town to defray the costs of consultants retained by the Town to review said GEIS. As specified in Subsection E(1)(b)[7] below, the total SEQRA review fee shall be determined in accordance with the requirements of NYCRR Part 617 and shall not exceed the amount provided for therein. Funds not expended for the review of the GEIS shall be returned to the applicant within 60 days after the completion of the GEIS review process and the rendering of the Town Board decision on the rezoning, pending any submission of an application and detailed plans and accompanying documents as detailed in Subsection E(1)(b)[2] through [9] below.
[b]
Public hearing. Within 30 days of acceptance of
a GEIS as being complete by the Town Board, the Town Board shall hold
a public hearing on both the GEIS and the rezoning request. Said public
hearing shall meet the notice and procedural requirements for public
hearing set forth in the Town Law, § 274-a, Subdivision
2. The GEIS SEQRA hearing and zone change hearings shall be conducted
simultaneously, if possible.
[c]
Decision of the Town Board. Within 30 days of the
preparation of the written findings statement on the GEIS, the Town
Board shall, by resolution, act either to approve, approve with modifications
or conditions, or disapprove the PRD or PRRD rezoning request. If
the rezoning request is disapproved, the reasons for disapproval shall
be stated.
[d]
Expiration. Approval or approval with modifications of the PRD or PRRD Zone shall expire after 12 months of the date of issuance, unless the applicant has either submitted application materials and the requisite fees set forth in Subsection E(1)(b)[2] through [9] of this section or such time limit is extended by the Town Board for a reasonable period of time to be specified by the Town Board.
[2]
PRC or PRRC development plan. The PRC or PRRC development plan
shall be drawn at a scale of not greater than one inch equals 200
feet and must consist of one or more sheets indicating the following
information:
[a]
Ownership. Property lines and the names of all
adjoining streets and property owners.
[b]
Neighboring uses. A map showing the uses of land
in and adjacent to the site.
[c]
Topography. Topographic information, including
contours with a vertical interval of no more than five feet.
[d]
Features. Existing natural and man-made features,
including streams, wetlands, significant rock outcroppings, stone
walls, floodplains, slopes over 15%, slopes over 25%, buildings, and
other improvements.
[e]
Circulation. The proposed elements of the vehicular
and pedestrian circulation system.
[f]
Land use plan. A land use plan showing the proposed
uses of the site, including open spaces and recreation area(s), the
location of residential areas, their type, size and composition, any
area of nonresidential use, and sites reserved for public utilities.
[g]
Utilities and services. The nature and general
location of all utility and service systems and facilities, including
sewer, water, storm drains, public utilities, and refuse storage.
[h]
Applicant and owner. The name and address of the
applicant, the property owner, and, if the applicant is other than
the property owner, the evidence of his authority to act on behalf
of the property owner.
[3]
Written statement. The written statement accompanying the PRC
or PRRC development plan shall consist of a text description of the
proposed plan indicating how it will serve to implement the intent
and purpose of such developments as set forth in this section, a preliminary
analysis estimating the various quantitative elements of the plan,
including the number of residential dwelling units (by type), the
amount of nonresidential floor space, the number of off-street parking
spaces and facilities, as well as the types of planned recreation
facilities, proposals for the construction, operation and maintenance
of all recreation facilities, open space, parking areas, walkways,
utilities, and other common lands and facilities.
[4]
Staging plan. A proposed plan indicating the approximate staging
of building construction and related improvements within the PRC or
PRRC, including the general order of construction and the estimated
timing of each stage.
[5]
List of approvals required. A list of approvals that are required
from various governmental agencies prior to proceeding with the first
stage and any subsequent stage of development.
[6]
Environmental documents. A proposed site-specific DEIS contents
scope shall be submitted by the applicant, and a date for a scoping
session will be set by the Town Board that is mutually convenient
to the applicant and the Town Board within 30 days of their first
meeting after receipt of required documents. A draft environmental
impact statement (DEIS) will be prepared in accordance with the requirements
of the New York State Environmental Quality Review Act (SEQRA) describing
the anticipated physical impacts of the proposed development, including
any negative impacts that may result and actions planned by the applicant
to mitigate them.
[7]
Fee. The application and accompanying documents shall be accompanied by a filing fee of $10 per unit and an initial $10,000 SEQRA deposit to be placed in escrow, except in cases where an applicant has pursued the alternate procedure set forth in Subsection E(1)(b)[1] above; in such a case, the SEQRA deposit shall be reduced to $5,000. The actual SEQRA fee shall be determined in accordance with SEQRA regulations and shall not exceed the amount provided for therein. The developer or applicant shall be responsible for all fees for consultants retained by the Planning Board and/or Town Board to review the project. Following the completion of the SEQRA process, the applicant shall place money in an escrow account to cover these costs. Funds not used shall be returned to the applicant within 60 days of final approval for all phases or sections of the project.
[8]
Other referral. To receive further assistance in its designation
review, the Town Board may refer the proposed PRC or PRRC development
plan to the Town Engineer, Town Planner, and any such agencies or
officials of the Town, county, or state government as the Board may
determine appropriate. Mandatory referrals, if any, shall also be
made at this time.
[9]
Public hearing. Within 30 days of acceptance of a site-specific DEIS as being complete by the Town Board, the Town Board shall hold a public hearing on both the PRC or PRRC plan and DEIS. Said public hearing shall meet the notice and procedure for public hearings set forth in the Town Law, § 274-a, Subdivision 2. The site-specific DEIS SEQRA hearing and zone change hearings, if the applicant has not opted to choose the alternative zone change procedure outlined in Subsection E(1)(b)[1] of this section, shall be conducted simultaneously if possible.
[10]
Decision of Town Board. Within 30 days of the
date of the circulation of the site-specific full environmental impact
statement (FEIS) and preparation of its written findings statement,
the Town Board shall, by resolution, act either to approve, approve
with modifications or conditions, or disapprove the PRD or PRRD application.
If the application is disapproved, reasons shall be stated. The Town
Board can designate the Planning Board to act in its place.
[11]
Effect of approval. Approval by the Town Board,
or approval with modifications, shall be deemed to authorize the applicant
to proceed with the detailed design of the initial stage(s) of the
proposed development and to submit applications for detailed site
plan approval of such stage(s), or sections thereof, in accordance
with the approved PRRC or PRC development plan. When the PRD or PRRD
is approved by the Town Board, such action shall be considered as
a zoning of the specific site for a PRD or PRRD, and the Zoning Map
shall be revised and dated accordingly. The Town Board can designate
the Planning Board to act in its place.
[12]
Expiration. Approval, or approval with modifications,
of the PRC or PRRC development plan shall expire at the end of 12
months after the date of issuance, unless [a] the applicant has submitted
at least one detailed site plan application for a section of the PRC
or PRRC; or [b] such time limit is extended by the Town Board for
a period to be specified by the Town Board. The Town Board can designate
the Planning Board to act in its place.
[13]
Filing. The overall PRC or PRRC plan shall be
filed with the Town Clerk within 60 days of its approval by the Town
Board and may be amended under the same procedure as stipulated for
its original adoption.
[14]
Standards to be used in reviewing a PRC or PRRC
development plan application by the Town Board. In arriving at a decision
to approve or disapprove the PRC or PRCC development plan application,
the Town Board shall take into consideration the following:
[a]
Compliance with intent and purposes. The extent
to which the application will serve to implement the intent and purposes
of these regulations for PRDs and PRRDs.
[b]
Compliance with standards. Whether the proposed
uses meet the standards set forth in this section.
[c]
Natural features. The proposed arrangement of land
uses and their proposed layout on the site, including their compatibility
to natural topographic features and adjoining properties.
[d]
Impact. The impact of the proposed development
upon neighborhood properties and the community as a whole.
[e]
Staging plan. The staging plan shall be designed
to assure that future residents of the first sections of the PRC or
PRRC shall have adequate services, including all utilities, streets,
recreational facilities, and landscaping to suit their needs, even
if future stages do not materialize.
(c)
Phase 3. Detailed site plan approval for PRC or PRRC sections
by the Planning Board. The third phase shall be detailed site plan
review and approval of the PRC or PRRC sections by the Planning Board.
This phase may also include possible subdivision review and approval
and any necessary SEQRA reviews by the Planning Board, which may be
done simultaneously with site plan review. An environmental impact
statement (EIS) is a requirement for establishment of a PRD or PRRD
by the Town Board. If the plans have changed substantially since the
original EIS, or if a substantial period of time has elapsed which
modifies conclusions in the EIS, or if an EIS was never completed,
the Planning Board may require a new or supplementary EIS prior to
approval of the site plans for a PRC or PRRC.
[1]
Initiation of third stage. Subsequent to Town Board approval
of the PRC or PRRC development plan application, the applicant shall
proceed to the third stage of review which involves detailed site
plan approval of the various sections of the PRC or PRRC.
[2]
In the case of a PRRC which has been previously mapped on the Zoning Map by the action of the Town Board and for which a Phase 2 submission was not required, the applicant shall first submit to the Planning Board a PRRC development plan as provided under Phase 2; the Planning Board shall review this development plan and shall act on it in the same manner as is set forth for actions by the Town Board; and, following review and approval by the Planning Board, the said development plan shall be invested with the same effect of approval as is set forth under Subsection E(1)(b)[10] of the application procedure section of this chapter. In the event that the Planning Board does not approve a development plan within the time allotted, or it approves a plan with conditions that are substantially different from those which were proposed by the applicant, the applicant may in such instance request a review by the Town Board, whose action shall be taken within 60 days of a request; and in such instances the action of the Town Board shall be deemed to be final and binding unless there is a decision to the contrary by a court of law with jurisdiction in the matter. A developer shall have the option of submitting a site plan for all or sections of the property for simultaneous review with that of the development plan and the DEIS in accordance with the provisions for Phase 3 set forth below.
[3]
Site plan approval. The review and approval of the individual
site plans for each section shall be in accordance with the standards,
requirements, and procedures for reviewing plans as delineated in
this chapter, with the additional requirements set forth herein. Site
plan approval shall be required prior to the issuance of building
permits within any section or stage of an approved PRC or PRRC.
[4]
Phases. The site plan requirement, when applied to the review
of a section of a PRC or PRRC, shall be deemed also to include the
factors listed in Phase 2 of those that apply to each section of the
PRC or PRRC and a detailed review of the adequacy, location, arrangement,
design, and appearance of each aspect of development listed in the
application procedure. While the scope of the Planning Board's
review of the site plan will generally relate to the section of the
PRC or PRRC at issue, the Planning Board shall have the authority
to assure that aspects of the development (e.g., water, sewer, utilities,
streets, etc.) which will later be used to service, or connect to,
other sections of the PRC or PRRC shall be adequate to suit the purposes
and needs of the PRC or PRRC development as a whole.
[6]
Variation from PRC or PRRC development plan. The specific type
and number of proposed dwelling units within the development may be
varied by no more than 10% from the distribution as shown on the approved
PRC or PRRC development plan, but in no case shall the total number
of dwelling units in the entire PRC or PRRC be permitted to exceed
the number approved as a part of the PRC or PRRC development plan.
The configuration of open space and internal circulation system may
be revised, provided not more than 15% of the area of the site is
affected by such change and the circulation system access points to
off-site roads are not altered by more than 50 feet.
[7]
Legal assurances. Each application for detailed site plan approval
shall be accompanied by appropriate legal documents as may be necessary
to provide for and assure continued proper future maintenance and
ownership responsibilities for all common areas, facilities, and utilities
within each stage of development or section thereof.
[8]
Other assurances. The Planning Board may condition its approval
upon the applicant obtaining any other necessary approvals from the
appropriate Town, county, state, or federal agencies having jurisdiction
thereof.
[9]
Phased approval. To assure orderly development within a PRD
or PRRD, the Planning Board shall approve site plans for subsequent
sections of the PRC or PRRC only as the pace of development in preceding
sections may warrant.
[10]
Performance bonds. The applicant shall be required
to post performance security pursuant to Town Law § 277
in sufficient amounts and duration to assure that all streets or other
public places shown on the site plan shall be suitably graded and
paved and that street signs, sidewalks, streetlighting standards,
curbs, gutters, street trees, water mains, fire alarm signal devices,
including necessary ducts and cables or other connection facilities,
sanitary sewers or storm drains shall be installed in accordance with
standards, specifications, and procedures acceptable to the appropriate
Town departments. The developer must also post an escrow account in
the amount of 10% of the performance bond for inspections by the Town
Engineer. The developer must also post an escrow account in the amount
of 10% of the performance bond for administration of the project.
If developer requires extra building inspections to proceed at an
advanced pace, he should deposit an escrow account with the Building
Department for additional inspections.
[11]
Permanent open space. All areas designated as
permanent open space on a development unit site plan shall conform
to the following requirements:
[a]
Such areas shall be recorded directly on the site
plan, and notes shall be added thereon excluding such open space areas
from any other development unit.
[b]
A written agreement between the owner or his agent
and the developer shall be approved by and filed with the Town Board.
This written agreement shall cover the deed, title, and dedication,
if any, of all such open space areas, as well as the provision for
any developmental or maintenance costs. The Town may require that
security be posted covering such cost items. The Town Attorney and
the Town Board shall approve the amount, duration, form, and manner
of execution of said security. A subdivision plat submitted for all
or a portion of said development unit shall designate such area as
permanent open space, and notes shall be attached directly to the
plat providing that such areas shall not be subdivided or developed
in the future.
[c]
Assessment of taxes on the open space owned by
a homeowners' association shall be nominal ($1 per year), the
balance of the true value assessment of the open space(s) being divided
equitably among owners of the benefiting properties within the PRD
or PRRD.
[d]
The fee in lieu of parkland required by the Town
Board and Planning Board for dwelling units in a subdivision shall
also be applicable to dwelling units in a PRC or PRRC, unless the
parkland and general open space in the PRC or PRRC are available to
the general public, in which case the fee shall not exceed half the
fee normally required by law.
(2)
Please take notice to the extent that this chapter may conflict with
applicable portions of the Town Law of the State of New York, it is
the stated intention of the Town to exercise its authority to supersede
and amend, as granted under the Municipal Home Rule Law of the State
of New York, § 10. The Town hereby provides notice that
it is exercising its authority to supersede and amend pursuant to
Municipal Home Rule Law of the State of New York § 22.
F.
Planned Residential Retirement District for the premises designated
as Section 23, Block 1, Lots 32.2 and 38.3, on the Tax Map of the
Town of Deerpark, consisting of approximately 243 acres located on
Wilson Road within the Town. (Local Law No. 4-2006, filed with the
Town Clerk on 8-8-2006)
(1)
Description of action. Local law creating a new section of the Zoning
Law of the Town of Deerpark within the Town Code.
(2)
Reasons for supporting this documentation:
(a)
The anticipated impacts of the action being considered are primarily
of local significance; and
(b)
This agency has the broadest governmental powers for investigation
of the impact of the proposed action; and
(c)
This agency has the greatest capability of providing the most
thorough environmental assessment of the proposed action.
G.
Determination of significance. The Town Board of the Town of Deerpark
hereby determines that the enactment of this amendment will not have
a significant effect on the environment and that the proposed Planned
Residential Retirement District on the specific tax lots set forth
in Local Law No. 3-2006 will conform with the Comprehensive Plan of
the Town and must proceed through environmental review before the
Planning Board of the Town of Deerpark, at which time the Planning
Board will assume lead agency status for the specific environmental
review of the proposed project.
A.
Multifamily dwelling projects shall be considered major subdivisions.
This "major subdivision" classification shall apply to all subdivisions
of property in connection with the development, regardless of whether
or not the same are connected with building development, and the approvals
required shall be requested and acted upon concurrently as one subdivision.
Application for preliminary approval of multifamily dwelling projects,
accordingly, will be made to the Town in the manner provided under
the Town Land Subdivision Law.[1] The subdivider shall also submit all information required
by such regulations plus the following additional data:
(1)
An application for approval on a form to be supplied by the Town
or, in the absence of such form, by a letter or brief from the developer
or his or her representative indicating how the development will specifically
comply with or meet the criteria set forth herein.
(2)
A proposal plot plan showing the approximate (generally within five
feet) locations of all buildings and improvements, including parking
areas, planting strips (if any), signs, storm drainage facilities,
water supply, sewage treatment and collection systems and the specific
areas provided as open space in connection with the requirements of
this chapter. Building layouts, floor plans and profiles shall also
be provided, indicating building dimensions, numbers, and sizes of
units, common ownership or use areas (apart from the open space referenced
below), lighting and such other information as shall be required to
determine compliance with the design standards contained herein and
any other building standards which may be applicable in the Town of
Deerpark. Setbacks from property lines, improvements and other buildings
shall also be indicated.
(3)
A schedule or plan and proposed agreement(s), either with the Town
or a property owners' association, for the purpose of dedicating,
in perpetuity, the use and/or ownership of the recreation area and
open space required by this chapter to the prospective dwelling owners
or occupants. Such agreement may be incorporated in the applicant's
proposed covenants and restrictions but shall, in any event, provide
to the satisfaction of the Town that maintenance and use of the property,
regardless of ownership, be restricted to either:
B.
The Planning Board shall act on the preliminary development plan
and special use application concurrently, provided an environmental
assessment is also conducted pursuant to the New York State Environmental
Quality Review Act. No building permit shall be issued to the applicant,
however, until all conditions attached to the approval of any preliminary
development plan shall have been satisfied, and nothing herein shall
be construed as permitting the issuance of a building permit prior
to preliminary approval. This requirement notwithstanding, the building
permit application shall be made with the preliminary development
plan and shall, if granted, be valid for a period equal to that for
preliminary development plan approval. If the preliminary development
plan shall be rejected, no building permit shall be granted.
C.
Following preliminary plan approval, the developer shall provide
for the installation of required or proposed improvements, including,
but not limited to, streets, parking areas, storm drainage facilities,
recreational facilities and lighting, subject to inspection by the
Town Engineer. Inspection is to be paid through escrow accounts. Building
improvements shall similarly be completed or guaranteed prior to the
applicant's request for final development plan approval. No certificate
of occupancy (where the same is required) shall, however, be issued
until such time as:
D.
Complete final building plans shall also be submitted as part of
the final development plan application.
E.
No person shall sell, transfer, lease or agree or enter into an agreement
to sell or lease any land and/or buildings or interests in the individual
dwelling units to be created, or erect any building thereon, except
in accord with the provisions of this chapter, unless and until final
development plan approval shall have been granted (unless the improvements
shall have been guaranteed) and the plan has been recorded in the
office of the Orange County Clerk.
F.
Multifamily dwelling density shall be granted a 100% density bonus above the number of dwelling units per acre which would be permitted within the district if the parcel on which the units are to be constructed were to be developed for one-family residential use. (See § 230-12A.) Density shall be calculated by taking the total acreage of the development and deducting the following acreages: 1) land contained within public rights-of-way; 2) land contained within the rights-of-way of existing or proposed private streets (Where formal rights-of-way are not involved, the width shall be assumed to be 50 feet.); 3) land contained within the boundaries of easements previously granted to public utility corporations providing electrical or telephone service; and 4) all wetlands, floodplains, slopes of 25% or greater grade, water bodies and other undevelopable areas (unless such areas are used for some active recreational purpose, such as trails, or employed for some other development purpose; such as a stormwater detention area), and dividing by the number of proposed units.
[Amended 7-16-2018 by L.L. No.
7-2018]
G.
All areas of a multifamily development not conveyed to individual
owners, and not occupied by buildings and required or proposed improvements,
shall remain as permanent open space or be dedicated to recreation
area to be used for the sole benefit and enjoyment of the residents
of the particular units being proposed. No less than 50% of the tract
shall be used for this purpose, and fees in lieu of dedication may
not be substituted for such space. Such open space shall be subject
to the following regulations:
(1)
No less than 50% of the open space to be provided (25% of the total tract) shall be dedicated to recreational area for the sole benefit and enjoyment of the residents of the particular units proposed. Recreation areas (as distinct from other open space) shall be immediately adjacent (part of the same parcel and contiguous) to the proposed units and freely and safely accessible to all residents of the development. They shall not be used to fulfill open space requirements or provide recreational areas for residents of other units, except as provided for in Subsection G(2) below. They shall be usable for active recreational activities and shall not include wetlands, quarries, slopes over 15% in grade, water bodies or acreage used for improvements such as storm drainage facilities or sewage effluent disposal areas.
(2)
Land designated as open space shall be permanently maintained as
such and not be separately sold, used to meet open space or recreation
area requirements for other developments, subdivided or developed,
except that a holding zone may be reserved for future development
pursuant to density and other zoning requirements as they presently
exist, provided such lands are specifically defined and indicated
as "reserved for future development" on all development plans. Such
lands shall not be included in calculating permitted density for the
proposed development. These provisions, however, shall not be construed
as granting or reserving to the developer any rights or privileges
to develop on the basis of a "preapproved plan" if density or other
zoning requirements shall have been modified to preclude such development.
(3)
Open space areas shall be permanently maintained so that their use
and enjoyment as open space are not diminished or destroyed. Such
areas may be owned, preserved and maintained by dedication to a property
owners' association which assumes full responsibility for maintenance
of the open space and/or deed-restricted private ownership which shall
prevent development of the open space, provide for its maintenance
and protect the rights of owners or occupants of dwelling units to
use and enjoy, in perpetuity, such portion of the open space as shall
have been dedicated to recreation area for the project. This is intended
to allow the owner/developer to retain ownership and use a portion
of the property (for hunting, fishing, etc.), provided the permanence
of the open space is guaranteed.
(4)
Whichever maintenance mechanism(s) is(are) used, the developer shall
provide, to the satisfaction of the Town Attorney and prior to the
granting of any final development plan approval, for the perpetual
maintenance of the open space and also the use and enjoyment of the
recreation area by residents of the units being approved. No lots
shall be sold nor shall any building be occupied until and unless
such arrangements or agreements have been finalized and recorded.
(5)
Developments of 50 units or more shall provide 1/2 acre of playground
per 50 units unless restricted to adult occupancy only.
H.
All multifamily developments shall be served with community wastewater
facilities and water supplies. Effluent disposal areas shall also
be subject to the setback requirements applicable to other multifamily
buildings and structures at a minimum.
I.
The following design criteria shall apply to multifamily developments:
(1)
There shall be no more than four dwellings in each multifamily building.
[Amended 7-16-2018 by L.L. No.
7-2018]
(2)
No structure shall be constructed within 50 feet of the edge of any
access road to or through the development or within 10 feet of the
edge of any parking area.
(3)
Access roads through the development shall comply with minor street
requirements as specified in this chapter, and no parking space shall
be designed such that a vehicle would be backing or driving out onto
a through road. Instead, there shall be a defined entrance and exit
to and from each parking area.
(4)
No multifamily development shall be served by more than one entrance
and one exit from any public highway, unless topography or other physical
circumstances would preclude the use of a single entrance in a safe
manner.
(5)
Four parking spaces shall be provided per unit, plus, for every two
units intended for rental or other transient occupancy, two additional
spaces to accommodate parking needs during sales and other peak visitation
periods.
[Amended 7-16-2018 by L.L. No.
7-2018]
(6)
No more than 60 parking spaces shall be provided in one lot, nor
more than 15 in a continuous row without being interrupted by landscaping.
All off-street parking shall be adequately lighted and so arranged
as to direct lighting away from residences.
(7)
No structure shall be erected within a distance equal to its own
height or any other structure.
(8)
All multifamily structures shall be a minimum of 100 feet from any
of the exterior property or boundary lines of the particular project
involved and 75 feet from any public right-of-way.
(9)
Where a property line is not wooded, a planting strip of 50 feet
in width shall be required to buffer adjoining property owners and
ensure privacy. Similar buffering of areas adjoining county and state
highways shall be required. A landscaping plan shall also be prepared
and submitted to the Planning Board for approval.
(10)
Multifamily developments shall be subject to the stormwater
management requirements of this chapter. Facilities shall be designed
to accommodate storms of a twenty-five-year average frequency, unless
a more-stringent standard shall be recommended by the Town Engineer.
The general performance standard shall be that the amount of uncontrolled
stormwater leaving the site along any property line after development
shall not exceed that estimated for the site prior to development. In
instances where stormwater facilities are impractical for engineering
reasons, the Planning Board may modify this standard as it applies
to a particular project but shall provide for the maximum practical
reduction in flow that can be achieved under the circumstances.
[Amended 7-16-2018 by L.L. No.
7-2018]
(11)
All electrical and other utilities shall be placed underground
and buried to a depth determined by the Town Engineer as sufficient
for safety purposes.
(12)
In addition to the standards for landscaping set forth herein,
the ground and vicinity of buildings shall be provided with decorative
landscape materials, subject to approval by the Planning Board.
[Added 7-16-2018 by L.L. No. 7-2018]
(13)
Exterior lighting along walks and near buildings shall be provided
utilizing architectural grade equipment and shall not create glare
on adjoining units or adjoining properties.
[Added 7-16-2018 by L.L. No. 7-2018]
(14)
Walks shall be provided throughout the development area to ensure
that roads shall not be required for pedestrian circulation.
[Added 7-16-2018 by L.L. No. 7-2018]
(15)
The Fire Inspector of the Fire District in which the development
is proposed shall review the development for adequate access for emergency
vehicles.
[Added 7-16-2018 by L.L. No. 7-2018]
J.
Maintenance of a multifamily project shall be vested in an association
or other legal entity organized prior to the offering of the first
unit for occupancy; or a manager, who may be the developer, or a person
designated by the developer before the developer offers a unit for
occupancy; or the owners or occupants of units themselves if the total
number of owners or occupants within the development is not more than
five. If the developer shall opt to manage the project or designate
a manager, the preliminary application shall include financial statements,
a description of previous management experience and other data sufficient
for the Planning Board to ascertain the financial responsibility of
the manager.
K.
The association or manager, as the case may be, shall be responsible
for maintenance, repair and replacement of the common areas of the
development, including buildings and, if applicable, the furniture,
fixtures and equipment within the units. The project instruments shall
specify the expenses that the maintenance organization may incur and
collect from purchasers as a maintenance fee and secure maintenance
of the project and enforcement of applicable covenants and restrictions
in perpetuity. The Planning Board may require that a certified public
accountant review such financial data to determine the proposed fees
are, in fact, adequate to secure maintenance on a continuing basis.
L.
The developer shall, in filing a preliminary development plan, provide
a narrative description of how responsibility for maintenance and
care of the units and common areas will be assured and a pro forma
operating budget for the maintenance organization, including a breakdown
of the common expense to be borne by the maintenance organization
and a separation of long-term maintenance costs from ongoing routine
maintenance costs. There shall also be provided a narrative description
of how the developer proposes to assure maintenance of the units and
common facilities during any sales program. The Planning Board may
require additional temporary facilities to accommodate service demands.
Copies of all applicable instruments shall be provided, for purposes
of determining that long-term arrangements for maintenance of common
facilities have, in fact, been made by the developer.
M.
Any developer who proposes to construct multifamily dwellings and
convey the common elements of said multifamily dwelling project, including
recreation areas, to an association of purchasers of units therein
shall submit a maintenance bond or other performance guarantee acceptable
to the Town Board and Town Attorney ensuring long-term maintenance
and repair of said common elements. Such maintenance bond or other
guarantee shall:
(1)
Be for a period of not less than 15 years from the date of the final
approval of said multifamily dwelling transient use by the Town;
(2)
Be in an amount equal to the amount collected or to be collected
for long-term maintenance (as indicated in the budget referenced above)
by the developer or other responsible parties from each purchaser
during the first year after sales to such purchases begin, multiplied
by a total number of expected purchasers.
N.
If the development shall be subject to the New York State Statutes
governing the sale of real property used for multifamily occupancy,
the developer shall certify as to his or her compliance with said
statutes. To the extent the provisions of such statutes conflict with
this subsection, such certification shall suffice as to conformance
with these requirements.
O.
Conversions of motels, hotels or other existing structures to multifamily
dwelling use, regardless of whether such conversions involve structural
alterations, shall be considered subdivisions and, moreover, be subject
to the provisions of this chapter. If the proposed project does involve
structural alterations, the preliminary development plan shall include
a certification of a registered architect or engineer to the effect
that the existing building is structurally sound and that the proposed
conversion will not impair structural soundness. However, the conversion
of an existing one-family detached dwelling or single-family semidetached
dwelling into not more than three residential units shall be exempt
from these requirements, unless such units are intended to be a condominium.
This shall not, however, exempt an owner from any requirements of
the State Building Code or the Town Zoning Law as they may pertain
to such activities.
Any conversion of a residential structure to a more-intensive
residential use or a nonresidential use shall require Planning Board
approval. Similarly, the conversion of any nonresidential use to multifamily
dwellings shall require Planning Board approval. The following additional
review criteria shall apply in both instances:
A.
If the use requires a special use permit due to the proposed use,
this must be secured for approval.
B.
There shall be adequate parking to accommodate the new use in combination
with other activities on the property or in the vicinity.
C.
There shall be demonstrated sewage treatment and water supply capacity
to serve any increased needs connected with the new use.
D.
The conversion shall not result in increased residential density
exceeding that permitted within the district. If, for example, the
minimum lot size is two acres, then no more than one equivalent dwelling
unit shall be permitted per two acres of lot area.
E.
Conversion of a residential structure to a nonresidential use shall
not be permitted where the new use is not otherwise allowed. Adaptations
of any such structure should preserve its architectural integrity
and residential character, except for minimal signage, required parking
and other features mandated by the nature of the business.
A.
Sand, gravel and other quarrying and excavating industries shall
be permitted as special uses in the RR, IB, HM-U, and I-1 Districts,
provided the limits of such operations shall extend no closer than
500 feet to any existing residence, institution or building, public
water supply source or other public or semipublic facility as mapped
by the Town. In the case of blasting operations, this distance may
be increased by the Planning Board. The Board may also limit the extension
of such operations within or into any aquifer or watershed protection
overlay zone that may be designated by the Town of Deerpark to protect
a public water supply.
C.
The manufacturing or processing of asphalt shall not be considered
part of any extraction industry, and proposals for such uses, if and
where permitted, shall be fully subject to the requirements of this
chapter, notwithstanding preemptions of authority under the Mined
Land Reclamation Law.
D.
All sand, gravel and quarrying operations shall be subject to the provisions of § 230-16 hereof relating to traffic, and the Planning Board may require traffic studies to determine the need for special entrance designs, the construction of acceleration and deceleration lanes, and the like.
E.
The Planning Board shall require a buffer area of up to 200 feet
around the mining operation.
A.
Purposes.
(1)
To establish clear standards for the siting of telecommunication
facilities, buildings and structures, equipment, telecommunication
towers and monopoles.
(2)
To promote the health, safety, and general welfare of the residents
of Deerpark, through the establishment of minimum standards to reduce
the adverse visual effects of telecommunication facilities, including,
but not limited to, transmission towers and antennas, through the
use of advanced technology, care, design, siting and screening and
buffering.
(3)
To protect residential areas and land uses and property values from
potential adverse impacts of towers and antennas.
(4)
To encourage the location of telecommunication facilities and communication
towers in areas suitably screened, buffered and adequately separated
from residential uses.
(5)
To minimize the total number of telecommunication facilities and
communication towers throughout the community.
(6)
To encourage the joint use of new and existing telecommunication
tower sites as a primary option rather than construction of additional
single-use communication towers, while recognizing that co-location
on higher towers is not always preferable to two less-visible, less-obtrusive
shorter towers; thereby maximizing the use of existing communication
towers or alternative antenna host sites while not unreasonably limiting
competition among communication providers or unreasonably limiting
reception of receive-only antenna.
(7)
To require users of telecommunication towers and antennas to locate
them, to the extent possible, in areas where the adverse impact on
the community is shown to be minimal.
(8)
To require users of telecommunication towers and antennas to configure
them in a way that minimizes adverse visual, aesthetic and community
character intrusion impacts caused by the installation and view of
communication towers and antennas, through careful design, siting,
landscaping screening and buffering, sufficient setbacks to reduce
visual impacts to adjacent properties, and innovative camouflaging
techniques, such as alternative tower structures, thereby protecting
the physical appearance of the community and preserving its scenic
and natural beauty.
(9)
To avoid potential damage to adjacent properties from telecommunication
towers through careful engineering and appropriate siting of telecommunication
towers.
(10)
To enhance the ability of the providers of telecommunications
services to provide such services to the community quickly, effectively
and efficiently by facilitating the siting of personal wireless communication
facilities.
B.
ADEQUATE COVERAGE
ALTERNATIVE TOWER STRUCTURE
ANTENNAS
CO-LOCATION
MAJOR WIRELESS COMMUNICATIONS FACILITY
MINOR WIRELESS COMMUNICATIONS FACILITY
(1)
(2)
WIRELESS COMMUNICATION (TELECOMMUNICATION) FACILITY
WIRELESS COMMUNICATIONS SERVICES
WIRELESS COMMUNICATIONS TOWERS
Special definitions.
Coverage to the minimum standards set forth by the Federal
Communications Commission to permit the applicant to operate wireless
communication service within the area.
Man-made trees, clock towers, bell steeples, light poles
and similar alternative designs, including structures that camouflage
or conceal the presence of antennas or towers.
A system of electrical conductors that transmit or receive
radio frequency waves. Such waves shall include, but not be limited
to, radio navigation, radio, television, wireless and microwave communications.
Siting or mounting of multiple telecommunication facilities
used by the same provider, or by two or more competing providers,
on the same property, antenna support structure or telecommunication
tower.
Any wireless communications facility that is not a minor
wireless communications facility, including, but not limited to, any
facilities including wireless communications towers, as hereinafter
defined.
Any wireless communications facility situated: 1) on the
same property as an existing wireless communications facility designed
for co-location and previously approved under this chapter; or 2)
on or in an existing building or other structure; and where the equipment
consists of a combination of antennas, or other receiving device,
necessary in number to facilitate the provision of wireless communication
services from such location, provided that such minor installation:
Comprises antennas, or transmitting and receiving devices which
are not more than six feet in height, which are mounted on supports
affixed to an existing structure; and
Operates with all significant equipment accessory thereto (other
than the aforementioned antennas and transmitting or receiving devices,
supports and connecting cables), installed in interior space appurtenant
to such existing building, tower or structure, or located upon a structure,
the total combined height of which is less than 100 feet from the
preconstruction average finished grades.
Any site containing equipment used in connection with the
commercial operation of wireless communications services, as defined
herein, and as the term "personal wireless services facility" is defined
in the Communications Act of 1934, as amended by the Telecommunications
Act of 1996, 47 U.S.C. § 332(c)(7)(C), or as hereafter amended,
to transmit and/or receive frequencies, including, but not limited
to, antennas, monopoles, equipment, appurtenances and structures.
The provision of personal wireless communications services,
including, but not limited to, those more commonly referred to as
'cellular telephone service," regulated by the Federal Communications
Commission in accordance with the Communications Act of 1934, as amended
by the Telecommunications Act of 1996, 47 U.S.C. § 32(c)(7)(C),
or as hereafter amended.
Any freestanding structure, including lattice structures
or framework and freestanding self-supported vertical pole (commonly
known as a "monopole"), on which any equipment is located in connection
with the provision of wireless communications services.
C.
Compliance with State Environmental Quality Review Act. The application
shall be reviewed under the State Environmental Quality Review Act.
An application for approval of a major wireless communications facility
shall constitute a Type 1 action.
D.
Restrictions on use.
(1)
No telecommunications facilities, except those approved prior to
the effective date of these regulations, shall be used, located, constructed
or maintained on any lot, structure or land area unless in conformity
with these regulations. No existing structure shall be modified to
serve as a telecommunications facility unless in conformity with these
regulations.
(2)
Proposed facilities are to first consider Town or Fire Department
owned parcels in the required area.
(3)
All communication facilities shall at all times comply with the rules
and regulations of any government entity having jurisdiction over
such telecommunication facilities and uses, antenna and supporting
structures and towers, including, without limitation, the FCC and
FAA.
(4)
All telecommunication facilities shall be operated and maintained
by an FCC licensee only.
(5)
All telecommunication facilities shall be demonstrated necessary
to provide coverage to an area of Town that currently lacks adequate
coverage. Related telecommunication towers or antennas shall also
be demonstrated to be the minimum height and aesthetic intrusion possible
to provide adequate coverage.
(6)
All telecommunication facilities, if proposed for placement on a
lot that is within or abuts a residential district, shall prove that
adequate coverage cannot be achieved by siting the facility on a lot
which is not or does not abut a residential district.
(7)
All telecommunication facilities shall be constructed and maintained
in conformance with all building, electrical, fire prevention and
other applicable codes.
E.
Major wireless communication facilities.
(1)
Approved zoning districts:
(a)
Major wireless communications facilities shall be a use permitted
upon site plan and special use approval in zoning districts that permit
telecommunications facilities as special uses.
(b)
If it can be demonstrated by the applicant that there is no
site in the above-referenced zoning districts which could provide
coverage consistent with federal regulations, the Planning Board may
determine that a major wireless communications facility may be permitted
as a special use in another district in accordance with this chapter.
(2)
Conditions precedent to granting site plan or special permit approval:
(a)
A service coverage map and report shall be provided. The coverage
map shall show and describe all existing and proposed areas of service
coverage relating to the proposed telecommunications facility. The
map shall locate all existing sites in the Town and in bordering communities
which contain telecommunications towers or related facilities. A detailed
report shall accompany the service coverage map and shall indicate
why the proposed telecommunication tower, equipment and facility are
necessary. The report shall identify locations within the proposed
project site service coverage area which are not, and could not be,
served by either existing facilities, by co-location, utilization
of alternative technology or an alternative tower structure.
(b)
A long-range communications facilities plan shall be provided,
evidencing that the proposed location of the telecommunication facility
and supporting buildings and equipment has been planned to result
in the fewest number of telecommunications transmission tower locations
within the Town. The plan shall indicate how the applicant intends
to provide service throughout the Town and how the applicant plans
to coordinate with all other providers of wireless communication services
in the Town. The plan shall address the applicant's planned and
possible location of additional tower sites, additional antennas,
related service area coverage, and alternative long-range plan scenarios
that illustrate the potential effects of multiple towers and tower
height, community intrusion impacts and visual and aesthetic impacts.
(c)
Documentation sufficient to demonstrate that the proposed telecommunication
tower height and bulk are the minimum height and bulk necessary to
provide licensed telecommunication services to locations within the
Town which the applicant is not able to serve with existing facilities
in the project site area shall be provided, including evidence that
visual, aesthetic and community character intrusion impacts have been
minimized to the greatest extent practicable.
(d)
Demonstration that shared use is impracticable. The Planning
Board may issue a permit for a major wireless communications facility
only when the applicant demonstrates that shared use of an existing
structure or site is impractical. An applicant shall be required to
present a report inventorying all existing structures within 1/2 mile
of the proposed site which are at an elevation which renders them
potential sites. The report shall describe opportunities for shared
use of these existing facilities as an alternative to a proposed new
tower. The report shall demonstrate that the applicant used its best
efforts to secure permission for shared use from the owner of each
existing facility as well as documentation of the physical, technical,
and/or financial reasons why shared usage is not practical in each
case. The applicant's written request and the property owner's
written responses for shared use shall be provided.
(e)
Commitment for future shared use. New wireless communications
towers shall be designed to accommodate future shared demand for reception
and transmitting facilities. The applicant shall submit to the Town
Board and Planning Board an irrevocable letter of intent committing
the owner of the proposed new tower and its successors in interest
to permit shared uses of the proposed tower by other telecommunications
providers in the future. This letter shall also be filed with the
Building Inspector prior to issuance of a building permit. Failure
to abide by the conditions outlined in the letter may be grounds for
revocation of the site plan approval following a hearing and opportunity
to be heard. The letter shall commit the new tower owner and its successors
in interest to the following:
[1]
To notify all carriers licensed to provide telecommunication
services within the Town of its application and that it will entertain
requests for co-location.
[2]
To respond within 90 days to a request for information from
a potential shared-use applicant.
[3]
To use best efforts and negotiate in good faith concerning future
requests for shared use of the tower by other telecommunications providers.
(f)
A written certification shall be submitted, prepared by a qualified engineer and/or health physicist, which calculates the maximum amount of nonionizing electromagnet radiation ("NIER") which will be emitted from the proposed wireless communications facility and demonstrates that any such emissions from the facility will be within the threshold levels adopted by the Federal Communications Commission as of the day of application and as part of the certification required as part of Subsection O of this section. The certification shall include a statement or explanation of how compliance was determined; an explanation as to what, if any, restrictions on access will be maintained to ensure compliance; and a statement as to whether other significant transmitting sources are located at or near the transmitting site and, if so, whether their emissions were considered in determining compliance.
(g)
Siting on lands owned by the Town shall be permitted on any
Town parcels, in the discretion of the Town Board.
F.
Additional required information.
(1)
Procedural. The following procedural information shall be required:
(a)
Visual impact assessment.
[1]
A viewshed analysis in order to determine locations where the
tower and appurtenant facilities may be visible.
[2]
Graphic representations of before and after views from key viewpoints
located inside and outside of the Town, including, but not limited
to, state highways and other major roads, state and local parks, other
public lands, preserves and historic sites normally open to the public,
residential developments and from any other locations where the site
is visible to a large number of visitors or travelers.
[3]
Assessment of alternative tower designs and color schemes, as described in Subsection F(2) below.
[4]
Assessment of the visual impact of the tower base, guy wires,
accessory buildings, and overhead utility lines from abutting properties
and streets.
(2)
Tower design. A report regarding alternative tower designs, which
includes lattice and monopole structures and other designs to minimize
visual impacts. The Board may request a review of the tower design
by a qualified engineer in order to evaluate the need for, and the
design of, any new tower and potential alternatives. All designs to
be considered shall be required to include, at a minimum, the following
characteristics:
(a)
Towers shall be designed to accommodate future shared use by
other wireless communication providers.
(b)
Unless specifically required by other regulations, a tower shall
have a finish (either painted or unpainted) that minimizes its degree
of visual impact.
(c)
No portion of any tower or accessory structure shall be used
for a sign or other advertising purpose, including, but not limited
to, company name, phone numbers, banners and streamers.
(d)
Any new tower shall be securely mounted to withstand damage
from earthquakes and the wind and ice loads for the place of installation
in accordance with the New York State Uniform Fire Prevention and
Building Code.
(e)
The height of any new tower shall be the minimum height necessary,
considering shared use, to meet the minimum requirements of the Federal
Communications Commission for coverage of the service area encompassing
the Town of Deerpark.
(3)
Full engineering site plan. A site plan showing, at a minimum, all
existing roads, buildings, tower(s), guy wires and anchors, antennas,
parking and landscaping, and shall include grading plans for new facilities
and roads.
(4)
Engineer's report.
(a)
A report by a New York State licensed professional engineer
specializing in electrical engineering with expertise in radio communication
facilities and, if a monopole or tower is required or the electrical
engineer is not qualified to certify the structural soundness of the
installation, a New York State licensed professional engineer specializing
in structural engineering. The report shall, in addition to information
required by this chapter for site plans, contain the following information:
[1]
Approximate location, size and height of all proposed and existing
antennas and all appurtenant structures.
[2]
The number, type, make, model, transmission power, maximum effective
radiated power, manufacturer, and design of the antenna(s) proposed
and the basis for the calculations of capacity.
[3]
A description of the proposed antenna(s) and all related fixtures,
structures, appurtenances and apparatus, including height above grade,
materials, color, grounding, and lighting.
[4]
The frequency, modulation, and class of service of radio equipment.
[5]
Certification that the proposed antenna(s) will not cause interference
with existing telecommunication devices.
[6]
Elevation drawings depicting the front, side and rear of the
property, illustrating the proposed antenna, mounting device and structure,
if any, on which the antenna(s) is(are) mounted.
[7]
A map depicting and listing all existing sites in the Town and
bordering communities containing transmitting antenna(s) used by the
operator, owner or applicant.
[8]
All applications, telecommunications and permits submitted to
and issued by the Federal Aviation Administration.
(b)
The Planning Board may, in a proper case, waive one or more
of the foregoing requirements set forth in this section and may require
additional reports or evidence that it deems necessary to ensure that
the health, safety and welfare of the community are adequately addressed.
(5)
Intermunicipal notification. In order to keep neighboring municipalities
informed, and to facilitate the consideration of shared use of existing
tall structures in a neighboring municipality, and to assist the continued
development of telecommunications for emergency services, the applicant
shall provide the following additional notice of application:
(a)
Notification, in writing, to the Municipal Clerk of any adjoining
municipality within one mile of a proposed site or a greater distance
if determined by the Board to be impacted by a proposed new telecommunication
tower.
(b)
Notification, in writing, by certified mail, of all landowners
within 1,000 feet of the property line of the parcel on which the
new tower is proposed.
G.
Location, lot size and setbacks. Any proposed wireless communications
tower and its accessory structures shall be located on a single parcel
and shall comply with setback requirements as identified below:
(1)
Distance from public facilities. In order to protect the health,
safety and welfare of children who may be injured by falling ice or
debris, all wireless communication towers shall be a distance of not
less than 350 feet from the nearest property line of a school, day-care
center, camp, public park, playground, or public road.
(2)
Lot size of major wireless communication facilities sites shall be
determined by the amount of land required to meet the setback requirements.
If the land is to be leased, the entire area required shall be leased
from a single parcel.
(3)
Wireless communications towers shall be located with a minimum setback
from any property line equal to the height of the tower in any zoning
district; except, however, if the applicant can demonstrate that the
fall zone for the structure can be safely accommodated on a smaller
size parcel or with reduced setbacks to no less than the minimum bulk
requirements in the underlying zoning district, the Planning Board
shall have the discretion to reduce the size accordingly. The applicant
must demonstrate that there is adequate protection to adjoining properties
from the dangers of falling ice or debris through either an easement
or other safeguards. The Planning Board shall make findings of fact
justifying a reduction and shall impose such additional conditions
that the Board may deem appropriate to protect the health, safety
and welfare. Accessory structures shall comply with the minimum setback
requirements in the underlying zoning district.
(4)
Additional setbacks may be required by the Planning Board to contain
on site substantially all ice fall or debris from tower failure and
preserve the privacy of any adjoining residential and public properties.
H.
Vegetative screening and fencing.
(1)
Landscaping. All telecommunication facilities shall provide landscaping
as follows:
(a)
All telecommunications towers shall be located and designed
to have the least-possible adverse visual and aesthetic effect on
the environment.
(b)
The area surrounding the installation, other than the area necessary
to maintain a clear line of sight to the signal source, shall be landscaped
and maintained with trees, shrubs, and ground cover to maximize screening
and visual buffering. An existing natural vegetative buffer which
meets or exceeds the above requirements may be substituted or enhanced
for said requirements.
(c)
Screening and buffering utilizing trees of a height and density
established by the Planning Board that will, over time, reduce visual
impacts resulting from the installation of said facility shall be
provided.
(d)
The outside of security fencing shall be screened with evergreen
shrubs, trees, or climbing evergreen material on the fencing.
(e)
The base of any telecommunication tower and any accessory structure
shall be effectively screened using primarily vegetative screening,
including a continuous evergreen screen planted in a natural setting
and consisting of native plant species. Existing vegetation shall
be preserved to the maximum extent practicable. Additional planting
shall be required, as necessary, to screen and buffer all structures
from nearby properties or important viewsheds of scenic areas. All
landscaping shall be properly maintained to ensure continued screening
and buffering.
(2)
Security and safety fencing. Security and safety fencing shall be
located around all telecommunication towers, equipment, and related
facilities to restrict unauthorized access. Access to all structures
shall be through a locked gate or principal building. Fencing shall
be designed to minimize visual and aesthetic impacts and shall be
equipped with appropriate anti-climbing devices. Failure to maintain
said safety fencing in an appropriate manner shall be grounds for
immediate revocation of all permits and certificates of use by the
Building Inspector. In addition:
(a)
All telecommunication towers, antenna towers or monopoles, and
other supporting structures shall be made inaccessible to nonauthorized
persons, particularly children, and shall be constructed or shielded
in such a manner that they cannot be climbed.
(b)
All transmitter controls that could cause the transmitter to
deviate from its authorized operating parameters shall be designed
and installed in such a manner that they are readily accessible only
to persons authorized by the licensee to operate or service them.
(c)
All transmitters used with in-building radiation systems shall
be designed in such a manner that, in the event an unauthorized person
does gain access, that person cannot cause the transmitter to deviate
from its authorized operating parameters in such a way as to cause
interference to other stations.
(d)
All transmitters (other than hand-carried or pack-carried mobile
transmitters) and control points shall be equipped with a visual means
of indicating when the control circuitry has been put in a condition
that should cause the transmitter to radiate.
I.
Coloring and marking. Unless otherwise required by the FAA or FCC,
all telecommunication facilities, including antenna and telecommunication
towers, shall be colored, camouflaged and/or shielded to blend with
surrounding areas, providing such coloring, camouflage and/or shielding
do not inhibit their effectiveness. The painting or marking of such
facilities shall have a finish or coloring which will minimize visual
and aesthetic impacts. Towers and all appendages shall generally have
a galvanized finish and shall be painted gray or blue gray, or some
other finish or color that is shown to be visually unobtrusive.
J.
Signals and lights. No telecommunication tower, antenna tower or
monopole shall include any signals, lights, or illumination unless
required by the FAA or other applicable authority. The applicant shall
provide evidence mandating any requirement for lighting. If lighting
is required, said lighting shall be shown to cause the least disturbance
to surrounding properties and views. Any lighting necessary for accessory
structures or buildings shall be minimized and shall be properly shielded
to prevent light emission and glare onto adjacent properties.
K.
Signage. No signs, including advertising signs, shall be permitted
on any antenna, telecommunication tower, antenna tower or monopole,
or antenna support structure except as follows:
(1)
Signs specifically required by a federal, state, or local agency.
(2)
Each site shall include a sign containing the name of the owner and
operator of any antenna present, including an emergency phone number.
In addition, any door having access to a roof-mounted antenna and
all entrances to the fenced enclosure shall be similarly signed.
L.
Undergrounding of electrical power and noise suppression. All electrical
power supply to the on-site buildings and appurtenances supporting
the tower antenna operations shall be installed underground. Noise
suppression shall be utilized in the structural design and construction
of the tower support buildings and appurtenances.
M.
Access and parking.
(1)
Access. Adequate emergency and service access shall be provided.
Maximum use of existing roads shall be provided, public or private,
and shall be made. Road construction shall, at all times, minimize
ground disturbance and vegetation cutting within the toe of the fill,
the tops of cuts or no more than 10 feet beyond the edge of any pavement.
Road grades shall closely follow natural contours to assure minimal
visual disturbance and reduce soil erosion potential.
(2)
Parking. Parking shall be provided on site in an amount determined
by the Board based upon recommendation from the applicant. No parking
shall be located in any front yard.
N.
Minor wireless communication facilities.
(1)
The shared use of existing tall structures (e.g., multistory buildings,
church steeples, farm silos, etc.) and placement upon existing approved
towers shall be preferred to the construction of major wireless communication
facilities, including new wireless communications towers and monopoles.
(2)
Minor wireless communications facilities shall be a principal permitted
use in all zoning districts within the Town of Deerpark, subject to
site plan review. The Planning Board shall, in such instances, be
authorized to waive application requirements having no direct bearing
on public healthy or safety and to modify applicable standards to
accommodate such facilities.
O.
Requirements of all approvals.
(1)
Removal. Should any tower cease to be used as a telecommunication
facility, the owner or operator or then owner of the land on which
the tower is located shall be required to remove the same within one
year from the abandonment of use. Failure to do so shall authorize
the Town of Deerpark to remove the facility and charge back the cost
of removal to the foregoing parties. The Town of Deerpark may also
file a municipal lien against the land to recover the costs of removal
and attorneys' fees.
(2)
Operational certificate. The owner or operator of any permitted telecommunication
facility shall, within 45 days of initial operation, submit a report
from a professional engineer certifying that the operation meets all
applicable Town, state or federal regulations and any conditions imposed.
Failure to supply such a report shall be cause for immediate revocation
of permission to operate the same. The Board may also require periodic
inspections and certifications to ensure continued performance.
(3)
Reimbursement of review expenses. All expenses incurred by the Town
of Deerpark in the review of a telecommunication facility application
shall be reimbursed by the applicant prior to final approval.
A.
Purpose. It is the purpose of this section to help residents and
visitors find what they need without difficulty; to improve the appearance
of the Town; and to promote public safety by regulating the location,
quality, construction, and maintenance of signs.
B.
BUSINESS OR INSTITUTIONAL IDENTIFICATION SIGN
COMMERCIAL DIRECTORY SIGN
CONTRACTOR SIGN
DIGITAL BILLBOARD SIGN
FREESTANDING SIGN
GROUND SIGN
INCIDENTAL COMMERCIAL SIGN
OFF-PREMISES ADVERTISING SIGN
POLE SIGN
PORTABLE SIGN
REAL ESTATE SIGN
SIGN
SIGN HEIGHT
SURFACE AREA
TRAFFIC DIRECTION SIGN
WALL SIGN
Definitions. The following special definitions shall apply for purposes
of this section:
A sign advertising a business or institution or identifying
the business or profession of the owner or occupant of the property
on which it is placed.
A combination, on a single structure not exceeding eight
feet in height, of a sign identifying a business complex with other
smaller uniform signs listing businesses on a property. Such signs
shall replace freestanding signs which the advertisers would otherwise
have rights to place on the property and use no more than 20 square
feet in surface area on each side to identify a complex nor more than
10 square feet on each side to identify a specific business or service.
A sign of a builder or contractor which is erected and maintained
while such persons are working on a property and is immediately removed
when the work is complete.
A sign utilizing digital technology for advertisement.
A pole sign or ground sign.
A sign rising from a ground foundation and not over eight
feet in height. The entire bottom of such sign is in contact with
or in close proximity to the ground.
An advertising sign on which is located a simple message
directed only to persons on the lot, such as a gas pump sign, credit
card sign, or pricing sign placed in a window or on a door.
A sign advertising a business or service located off the
premises on which the sign is located.
A sign supported by a pole(s) as a structure independent
of any building. Pole signs are also separated from the ground by
air.
A sign not permanently attached to the ground or a structure
and designed to be transported, including signs on wheels, A- or T-frames,
or any other movable device or vehicle.
A sign which advertises the availability of land, buildings
or spaces within buildings as being for sale or rent.
Any device, facade, fixture, material, placard, or structure
that uses any color, form, graphic, picture, illumination, symbol
or writing to advertise, announce, declare or identify a purpose or
entity or to communicate information of any kind to the public outside
of a building, including neon- or fluorescent-painted building outlines
and similar devices.
The height of any sign shall always refer to the height of
the topmost portion of the sign from grade level, unless the foundation
for such sign shall be positioned below the adjoining road grade,
in which case the height shall be measured from the road grade.
The size of any sign, computed by multiplying its greatest
length by its greatest height. Sign supports or foundations not exceeding
three feet in height and not bearing advertising material shall not
be included. The surface area of signs with no definable edges (e.g.,
raised letter attached to a facade) shall be that area within the
perimeter of a single line enclosing the advertising material. The
reverse side of any sign may, however, be used without counting toward
total sign area.
An informational sign on which is located a simple traffic
directive directed only to persons on the lot, such as a "no parking,"
"loading in rear," "one-way," or "office this way" sign.
A sign painted on or attached flush with a structural wall
of a building, including window signs occupying more than 50% of the
window or door surface and projecting signs not extending out from
the structural wall surface more than 18 inches.
C.
Application. All signs shall meet the standards herein and on the
attached Schedule of Sign Regulations.[1] An application for a permit, for any sign requiring one, shall be made on a form supplied by the Building Inspector and submitted with fees required. Applications shall include drawings to scale, depicting locations of the signs, methods of illumination, graphic design (including symbols, letters, materials, and colors) and visual message, text copy or content. Written consent of property owners shall also be provided. Applications not requiring a Planning Board finding shall be acted upon within 15 days of receipt. Applications submitted to the Planning Board shall be acted upon within 31 days of receipt, and such Board shall have the authority to approve, approved with modifications, or disapprove the application using the review criteria found in Subsection D below. Findings shall be provided to the applicant and set forth in detail the reasons for the action.
[1]
Editor's Note: The Schedule of Sign Regulations is included
as an attachment to this chapter.
D.
Sign review criteria. Signs shall be approved, approved with modifications,
or disapproved based on the specific requirements contained herein
and the following design criteria:
(1)
Signs should be a subordinate part of the streetscape.
(2)
Signs should not interfere with views of other enterprises or residences.
(3)
Whenever feasible, multiple signs should be combined to avoid clutter.
(4)
Signs should be as close to the ground as possible, and pole signs
shall be discouraged in favor of ground signs wherever possible.
(5)
Signs should blend with and not cover any architectural features
and be sized and located in proportion to buildings.
(6)
Vivid colors may be used but should not dominate a building or site.
(7)
Signs should be located so as to not interfere in any way with the
clear views required for public safety by highway travelers or pedestrians.
(8)
Signs must not present an overhead danger or obstacle to persons
below.
(9)
Sign sizes should achieve ready visibility without becoming an unnecessary
distraction from the highway view or detriment to the highway scenery.
(10)
Signs should never block the view of other signs.
(11)
Signs should be easy to maintain and provide for wind resistance
such that signs will not deteriorate or collapse after an extended
period.
(12)
Sign materials and design should blend with surrounding natural
landscapes.
(13)
Freestanding signs shall generally require landscaping around
the sign base.
(14)
Signs should generally not be placed on the roof or above the
roofline of the building to which they are attached.
E.
General regulations. The following regulations shall apply to all
signs:
(1)
Signs shall be permitted only in connection with permitted uses or
for the purposes of specifically directing travelers to businesses
or services. This shall not, however, prohibit off-premises signs
erected for these purposes.
(2)
No part of any sign shall project above the top or beyond the ends
of the wall surface on which it is located.
(3)
Signs, other than office traffic signs, which exceed 24 square feet
in surface area shall be set back at least five feet from the side
lot line.
(4)
Advertising signs shall not use the word "stop," "danger," or any
other word, phrase or symbol in a manner which could be interpreted
by a motorist as being a public safety warning or traffic sign.
(5)
No light shall be permitted that, by reason of intensity, color,
location, movement or directions of its beam, may interfere with public
safety.
(6)
No sign shall be attached to a tree, utility pole, or object not
so intended, except for "no trespassing" signs placed on trees.
(7)
Portable signs shall be subject to all freestanding sign regulations.
(8)
No sign shall exceed in height 1/2 of its distance from the highway
right-of-way, notwithstanding any other height limitations.
(9)
Traffic directional signs shall be exempt from these regulations.
(10)
Signs shall be illuminated only by a steady, stationary (except
for time-and-temperature reading) and shielded light source directed
solely at the sign, without causing glare for motorists, pedestrians
or neighboring premises.
(11)
Digital billboard signs with LED are only approved on a case-by-case
basis in the IB Zone with a special use permit.
F.
Temporary signs. Temporary signs, including signs advertising yard
sales or other noncommercial events, may be allowed subject to the
following:
(1)
Such signs shall be limited to 12 square feet each in surface area
and shall not be illuminated.
(2)
Yard sales and comparable events shall be advertised with signs for
no more than 21 days per year.
(3)
Other temporary signs shall be erected no sooner than 45 days before
the event they advertise and be removed within three days after such
event. A general permit encompassing all signs to be placed in regard
to such event (excepting yard sales conducted no more than twice per
calendar year) shall be required prior to the placement of any such
signs. The applicant shall pay a fee as shall be established by the
Town Board, plus a refundable deposit of $25 to cover the cost of
timely removing said signs. Such signs shall:
G.
Nonconforming signs. Existing nonconforming signs may be repaired
or reconstructed on the same site but shall not be relocated or increased
in size except as provided herein. Any nonconforming sign connected
with a change of use, abandoned for sign purposes for more than 90
days, damaged to the extent of 50% or more of the replacement cost
value, or illegally established shall be immediately removed. In the
event such a sign is not removed within 30 days after written notice
has been given to the owner of the sign or lessee of the land upon
which the sign is located, the Town Board may institute appropriate
civil or criminal actions to prevent the violation, abate the nuisance
and assess the costs associated therewith to the violator by attachment
to the real property tax bill for the parcel in question.
H.
Sign maintenance.
(1)
No owner of any sign or lessee or owner of any land upon which the
sign is located shall permit such sign to become unsafe, unsightly,
or in disrepair so as to endanger the public or to become a public
nuisance, as shall be determined by the Town Board. Also, any sign
referencing a location, business, operation, service, or product which
no longer exists or continues to offer service to the public shall
be removed within six months of such discontinuance, unless a waiver
shall be granted by the Town Board, as the case may be.
(2)
In the event such a sign is not repaired or properly restored or
removed within 30 days after written notice has been given to the
owner of the sign or lessee of the land upon which the sign is located,
the governing body may institute appropriate civil or criminal actions
to remedy the violation, abate the nuisance and assess the costs associated
therewith to the violator by attachment to the real property tax bill
for the parcel in question. The Town Board may also establish annual
inspection and licensing requirements for the purpose of ensuring
sign maintenance.
I.
Real estate signs.[2]
(1)
Provisions applicable to all zoning districts. One real estate sign,
not larger than three feet by four feet on one lot, advertising the
sale or letting of only the premises on which it is maintained, set
back not less than five feet from the paved edge of the roadway, shall
be allowed; except when acreage available for or in the process of
subdivision is advertised for sale or letting, one real estate sign
not larger than three feet high and eight feet long, or four real
estate signs three feet high by four feet long, will be permitted
on each 500 feet to 1,000 feet of frontage, or two real estate signs
three feet by four feet on each 500 or less feet of road frontage.
Said three feet shall be construed to mean the height of the sign
itself and not the height from the ground or curbline. This regulation
shall apply to all zoning districts.
(2)
Prohibited locations. No sign shall be erected, placed or maintained
within the right-of-way lines of any public street, sidewalk or public
right-of-way. Any sign violating this subsection may be removed by
the Building Inspector/Code Enforcement Officer or any other Town
employee or agent duly designated by the Supervisor without prior
notice to the owner. Such removal shall include the sign structure.
(3)
Penalties. Any person, corporation, business, agency, or entity who
shall be found to have violated a provision of this section shall
be guilty of a violation and shall be subject to a fine not less than
$250 nor more than $500 for each offense.
[2]
Note: Originally enacted by L.L. No. 6-2005, filed with the
Town Clerk on 9-12-2005.
J.
Billboards. A sign standing on the ground and usually, but not necessarily,
supported from the ground by one or more poles, posts or similar uprights,
with or without braces, and advertising products or uses not made,
sold, used, or served on the premises displaying such sign.
(1)
A billboard shall only be placed on lots which meet the minimum lot
and building standards applicable to the district in which it is to
be located, and only in the IB Zone.
(2)
A billboard shall be located no less than 10 feet from any property
line.
(3)
A billboard shall be no more than 60 feet in height above finished
grade. Billboards which exceed 14 feet in height shall be designed
and constructed to withstand winds of 100 miles per hour, and such
shall be certified to by a professional engineer or registered architect
licensed to practice in the State of New York.
(4)
No sign face shall have a vertical dimension in excess of 14 feet
or exceed 700 square feet in total area.
(5)
If a lot has the ability to accommodate more than one billboard,
the minimum distance between such billboards shall be 200 feet.
(6)
All double-faced billboards shall be special permit uses and uses
subject to plan approval by the Planning Board in accordance with
the provisions herein.
(7)
If a billboard faces Interstate Route 84, approval shall be obtained
from the senior right-of-way agent in accordance with the New York
State Sign Control Program.
(8)
Billboards are to be in accordance with Part 150 of the NYSDOT standards.
(9)
Billboards may only be indirectly illuminated, except that digital
billboards may be allowed by the Planning Board. These signs may be
commercial electronic variable message signs (CEVMS) or Trivision-type
billboards.
(a)
Minimum duration of message shall be six seconds.
(b)
Maximum brightness shall be 5,000 cd/m2 daytime and 280 cd/m2 nighttime.
(c)
CEVMS may not be located in such a manner as to obstruct, obscure,
or otherwise physically interfere with the effectiveness of an official
traffic sign, signal or device or with the driver's view of approaching,
merging or intersecting traffic or interfere with the driver's
operation of a motor vehicle as determined by the Town of Deerpark
Planning Board.
(d)
The Town may place, at no cost, public service messages up to
5% of the yearly sign time for each sign.
A.
The Town of Deerpark Planning Board shall be authorized, pursuant
to § 278 of the Town Law and simultaneously with the approval
of the development plans under the Town of Deerpark Subdivision Regulations,[1] to modify applicable provisions of this chapter so as
to accommodate conservation subdivision projects. Also known as "cluster
development," conservation subdivisions offer flexibility in design,
facilitate the economical provision of streets and utilities and preserve
open space. They shall be allowed anywhere within the Town of Deerpark
and shall be processed pursuant to subdivision development plan approval
procedures.
B.
The Planning Board may require conservation/cluster subdivision,
as a form of development, in those instances where conventional subdivisions
or residential developments would cause significant loss of open space
or otherwise result in significant negative environmental impacts.
C.
Conservation/cluster subdivisions provide for one-family or two-family
dwelling units wherein dwelling units are grouped in sections in order
to maximize the amount of common open space and to preserve the natural
settings. Proposed developments shall be processed in the same manner
as major subdivisions and in accord with the standards below.
D.
Conservation/cluster subdivisions shall include at least five lots,
and the Planning Board shall have the authority to require an alternative
sketch development plan, for any subdivision of 10 lots or more, depicting
how the property might be developed using this technique. If this
alternative sketch development plan is determined to provide a superior
design in accord with the purposes of this chapter and the same density
can be achieved, the Planning Board may then require use of this technique.
E.
F.
Only one-family detached and two-family dwellings shall be employed
in this concept. All other dwelling types shall be considered multifamily
dwellings.
G.
Development standards for lot size, lot width, and lot depth may
be reduced, provided no dwelling structure (one-family or two-family)
is located on less than 43,560 square feet of land where on-site sewer
and water facilities are to be provided, or 10,000 square feet of
land where community wastewater and water facilities are to be provided;
and further provided the total density (in individual dwelling units)
for the tract shall not exceed that which would result from a conventional
subdivision plan designed in accord with this chapter plus a bonus
of up to 20%, as determined from the basic sketch plan submission.
Yard requirements may also be reduced, but in no instance to less
than 20 feet.
H.
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. No less than 50% of the total
land area of the conservation subdivision shall be dedicated to permanent
open space, and at least 25% of such open space shall be usable for
active recreational activities by residents of the subdivision and
not include water bodies, wetlands, floodplains, slopes over 15% in
grade, or other undevelopable areas.
I.
The open space resulting from conservation subdivision design shall
be permanently protected through a conservation easement titled to
a property owners' association (POA), land conservancy, municipality
or similar entity, prior to the sale of any lots or dwelling units
by the subdivision. Membership in any POA shall be mandatory for each
property owner within the subdivision and successive owners 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. All restrictions on the ownership, use and maintenance
of common open space shall be permanent, and the POA shall be responsible
for liability insurance, local taxes, and maintenance of all open
space, recreational facilities and other commonly held amenities.
Each property owner must be required to pay their proportionate share
of the POA's cost, and the POA must be able to file liens on
the lot/unit owner's property if levied assessments are not paid.
The POA must also have the ability to adjust the assessment to meet
changing needs.
Areas within the boundaries of the RRC Recreational River Corridor
District or the Upper Delaware National Scenic and Recreational River
shall be subject to the following requirements:
A.
Potential impacts on the river from stormwater runoff and waste disposal
shall be assessed in connection with any special use proposed within
the corridor.
B.
Junkyards and salvage operations, airports, solid waste disposal
sites, and manufacturing shall not be permitted in the RRC Recreational
River Corridor District.
C.
New outdoor recreation facilities shall be limited to those which
are designed for relatively short use periods and do not provide other
than rudimentary visitor services or include infrastructure development
other than as required to meet state health codes. Major commercial
recreational development which could have significant impacts on land
and water resource values, including, but not limited to, amusement
parks, drive-in theaters, auto racetracks, sports arenas, etc., shall
not be permitted in the corridor.
D.
Where permitted, small hotels and motels (those with 12 or fewer
rooms) within the corridor shall be located adjacent to arterial roads
and designed to be compatible with the natural and scenic characteristics
of the river corridor.
E.
All special uses shall be subject to a determination by the Planning
Board that the proposed activity will conform with the recommendations
of the Upper Delaware River Management Plan.
F.
All lots shall be a minimum of two acres in lot area.
G.
No structure shall be constructed on a lot with a slope in excess
of 15% grade without site plan approval from the Planning Board, and
no more than 10% of the area of any lot with a slope in excess of
15% shall be covered with an impervious surface or be stripped of
vegetation at any one time. Slopes over 15% may be used for forestry
or agricultural purposes.
H.
A maximum of 20% of any lot shall be cleared of vegetation for building
purposes where the natural slope is less than 10%. No more than 15%
of the lot area shall be cleared for building purposes where the natural
slope exceeds 10%.
I.
No wastewater treatment system shall be located closer than 100 feet
of the base flood elevation of the Bashakill, Neversink, Mongaup,
or Delaware River.
The following additional standards must be met in conducting
animal husbandry and commercial agricultural operations:
A.
No offensive odor or dust-producing substance nor any use producing
incessant odor or dust may be permitted within 100 feet of any property
line.
B.
In districts where animal husbandry in allowed, a special use permit
is necessary where animal husbandry is in excess of one livestock
unit per acre of land. A livestock unit shall, for purposes for this
chapter, be one cow, two calves, two horses, two ponies, two pigs,
two goats, two sheep, 100 fowl or 50 rabbits. Livestock units for
unspecified animals shall be determined by the Planning Board on a
case-by-case basis, using these numbers as a guide.
C.
Any animal husbandry use shall require a minimum of three acres and
minimum front, rear, and side yards of 50 feet each.
D.
Boarding or livery stables, riding academies and breeding farms shall
require a minimum of 10 acres and minimum front, side, and rear yards
of 200 feet. Within the Recreational River Corridor District, such
uses shall conform to the River Management Plan and shall be subject
to special use review.
E.
Animal hospitals, veterinary offices, and commercial or not-for-profit
kennels shall be prohibited in the Recreational River Corridor District,
and in those districts where permitted shall be subject to the Town
of Deerpark Dog Control Law (Local Law No. 13-2000, as amended)[1] and the following standards:
(1)
The minimum lot size for an animal hospital and a veterinary office
shall be two acres.
(2)
The minimum lot size for a commercial or a not-for-profit dog kennel
(a structure used for harboring five or more dogs or cats with or
without attendant commercial services such as grooming, breeding,
or veterinary care) shall be 10 acres.
(3)
No kennel, runway, or exercise pen shall be located within 200 feet
of any lot or street line.
(4)
No building or part thereof shall be erected nearer than 50 feet
to any lot line.
(5)
Animals shall be kept within a totally enclosed and suitably ventilated
building between the hours of sundown and sunrise.
(6)
The keeping or boarding of any dogs by a veterinarian shall conform
to the requirements for a commercial kennel.
A.
Camps shall provide a minimum of 10,000 square feet per cabin site
and the same for each principal building.
B.
No tent, activity area, or recreational facility shall be located
nearer than 100 feet from any public road and 100 feet from any adjoining
property line.
C.
Buildings and sleeping quarters (except tents) shall be set back
30 feet distant from each other; and tents shall be set a minimum
of 10 feet apart.
D.
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.
E.
If floodlighting is used, exterior lighting shall be restricted to
that essential for the safety and convenience of the users of the
premises. The source of illumination shall be shielded from the view
of surrounding streets and lots.
F.
The Planning Board may permit the use of outdoor public address systems,
provided that no more sound shall carry beyond the limits of the campsite
than would be inherent in the ordinary residential use of the property
and in accordance with the Noise Ordinance.[1]
G.
All provisions of the Sanitary Code or such other regulations of
the County Health Department pertaining to camps and their sanitary
facilities must be met.
Hotel, motel and resort establishments, where permitted, shall
require site plan review and approval by the Planning Board and be
subject to the following standards:
A.
A site to be used for a motel, hotel, or resort establishment shall
include an office and lobby and may include accessory uses as follows:
restaurants, coffee shop or cafeteria providing food and drink, amusement
and sport facilities such as a swimming pool, children's playground,
tennis, or other game sports, and game or recreational rooms.
B.
Individual hotel, motel, and resort rooms shall not contain kitchen
facilities of any nature and shall not be used as apartments for nontransient
tenants or other single-room-occupancy residential uses.
C.
No hotel, motel, or resort use shall be permitted which is intended
to accommodate activities of a health care, rehabilitative or medical
nature. Such facilities shall be considered separate uses and limited
to those zoning districts where specifically permitted by listing
on the Schedule of District Regulations.[1]
[1]
Editor's Note: The Schedule of District Regulations is included
as an attachment to this chapter.
D.
A hotel is a building containing rooms used for overnight accommodations
of those in transit, or for short-term or extended business stays,
or short-term person stays. Single-room-occupancy residential projects
will not be considered to be hotels but shall be considered to be
multifamily dwellings under the provisions of this chapter. A hotel
may have facilities that provide meals and other services within the
main building or in an accessory building located on the hotel site.
A.
Findings. There is presently in Orange County a substantial growth
in the number of adult entertainment uses and an increasing trend
toward the concentration of adult entertainment establishments. Based
upon recent studies evaluating the nature and extent of adverse secondary
effects caused by adult uses in residential and commercial areas,
including a 1996 study by the City of Newburgh, a 1994 study by the
City of New York, and a 1980 study by the City of Islip, the Town
Board hereby finds that adult uses have negative secondary impacts
such as a deterioration of community character and quality of life,
depreciation of property values, increase in crime rates, and the
blighting or downgrading of surrounding neighborhoods and commercial
uses.
B.
Purpose. In the development and execution of this section, it is
recognized that there are some adult uses which, because of their
very nature, are recognized as having serious objectionable characteristics.
The objectionable characteristics of these uses are further heightened
by the concentration in any one area, thereby having deleterious effects
on adjacent areas. Special regulation of these uses is necessary to
ensure that these adverse effects will not contribute to the blighting
or downgrading of surrounding neighborhoods or land uses, increase
crime or police calls, contribute to the spread of prostitution and
AIDS, increase the quantity of transients in residential and commercial
areas, cause a deterioration in the quality of life in residential
neighborhoods, increase the accessibility of adult-oriented material
and entertainment to minors, and encourage residents and businesses
to locate elsewhere.
C.
ADULT USE
(1)
(2)
NUDITY
SPECIFIED ANATOMICAL AREAS
SPECIFIED SEXUAL ACTIVITIES
Definitions. As used in this chapter, the following terms shall have
the meanings indicated:
A use of a building or property for a business which has adult
materials as a significant portion of its stock-in-trade or involves
the sale, lease, trade, gift, or display of drug paraphernalia. Adult
materials include any literature, book, magazine, pamphlet, newspaper,
paper, comic book, drawing, computer or other image, motion picture,
sound recording, article, instrument, display, or any other written
or recorded material which depicts or describes: (a) any nudity; or
(b) the specific sexual activities listed herein. The Town shall also
rely upon the general meaning given to these two terms by the State
of New York and in the various decisions of the United States Supreme
Court referenced herein, should further clarification be required.
For purposes of this chapter, "adult-oriented businesses" shall
also mean any nightclub, bar, tavern, restaurant, eating and drinking
establishment, arcade, theater, motel, hotel, or any other establishment
that regularly features, for economic gain or other consideration,
entertainment in any form which is characterized by nudity or the
depiction or display of specified sexual activities. This shall not
exempt such a business from any requirements of this chapter or limitations
on public displays of personal nudity. Nothing in this definition
shall be construed to incorporate breast-feeding, single-sex restrooms
and showers, or items and displays of recognized artistic merit as
previously interpreted by the United States Supreme Court or activities
in a private residence by the occupants thereof.
The showing of the human male or female genitals, pubic area,
or buttocks with less than a fully opaque covering or any part of
the nipple, or the showing of the covered male genitals in a discernibly
turgid state.
D.
Separation requirements applicable to adult uses. Adult uses shall
be limited to existing I-1 Industrial Districts. They shall be considered
special uses subject to site plan review. Because adult uses can lend
themselves to ancillary unlawful and unhealthy activities, they shall
also be separated from other uses that could be severely impacted
by their presence or that, in combination with the adult uses, accentuate
the negative impacts on the area. These distances shall be measured
in a straight line, without regard to intervening obstacles, from
the nearest portion of the structure incorporating any aspect of the
adult use to the nearest property line of the premises incorporating
any of the above-listed uses.
(1)
No adult use shall be located within a two-hundred-foot radius of
any other residential or commercial zoning district or another adult
use.
(2)
No adult use shall be located within a one-thousand-foot radius of
the property of any residence, residential facility, institution,
health facility, child-care center, church, synagogue, other place
of religious worship, school, public or semipublic use, public park
or recreation facility, youth-oriented center, playground or playing
field, cemetery, or any establishment that sells alcoholic beverages.
E.
Exterior display prohibited. No adult use shall be conducted in any
manner that allows the observation of any material depicting, describing,
or related to specified sexual anatomical areas from any public way.
This provision shall apply to any display, decoration, sign, show
window, or other opening.
F.
Signage. Adult use signage shall be limited to one approved ground
sign not to exceed a surface area of 36 square feet for both sides
combined and requires Planning Board approval of sign content.
G.
Nonconforming buildings. No nonconforming building or lot shall be
used for an adult use.
H.
Activities. Because they are known to encourage prostitution, increase
sexual assaults and attract criminal activity, the following activities
shall not be permitted in any adult-oriented or other business or
any other public place within the Town of Deerpark:
(1)
Public appearance by a person knowingly or intentionally engaged
in specified sexual activities.
(2)
The knowing and intentional public appearance of a person in a state
of nudity.
(3)
Touching of patrons or the performance by any entertainer in an adult
use facility within six feet of the nearest patron.
(4)
Sale of alcoholic beverages.
I.
Loudspeakers. No loudspeaker or similar audio equipment used to describe
or discuss specified anatomical areas or specified sexual activities
shall be audible beyond the exterior of the structure in which it
is located.
A.
Purposes. These regulations are enacted for the purpose of establishing
minimum health and safety standards for junkyards in the Town of Deerpark
as well as controlling their location. They are enacted pursuant to
the authority granted towns by § 136 of the General Municipal
Law and § 136, Subdivision 1, of the Town Law.
B.
Scope. These regulations shall apply to all junkyards now existing
or hereafter proposed in the Town of Deerpark. No junkyard shall be
created except in conformance with the standards herein, and all junkyards
shall be required to conform to said standards or be removed at the
owner's expense. Existing junkyards may be transferred to a new
owner, subject to a new license application.
C.
Exemptions. The following land uses shall be exempt from these requirements,
provided they are not maintained in the manner of a junkyard and do
not include a junkyard operation:
(1)
Storage areas for officially recognized and operable antique or classic
automobiles or other operable special purpose vehicles.
(2)
Agricultural equipment which is utilized as part of an active farming
operation or contractor's construction equipment which is part
of an active contracting business.
(3)
Automobile repair businesses or automobile, vehicle, and equipment
sales operations managed by state licensed dealers.
D.
Definition. The term "junkyard" shall mean:
(1)
An area of land, with or without buildings, used for storage, outside
a completely enclosed building, of used materials, including, but
not limited to, wastepaper, rags, metal, glass, building materials,
house furnishings, machines, wire, pipe, mobile homes, recreational
vehicles, appliances, automotive vehicles or parts thereof, with or
without the dismantling, processing, salvage, sale or other disposition
of the same.
(2)
Any place where two or more old, secondhand, abandoned, partially
disassembled, dilapidated or unlicensed vehicles or parts of vehicles,
no longer intended or in condition for legal operation on the public
highways, are stored outside for any purpose for a period of six months
or more. The Town of Deerpark Building Inspector(s) shall determine
when a vehicle or part thereof shall meet these conditions, and it
shall be the burden of the landowner in such instance to demonstrate
conclusively, within a period of seven days after notice, that a vehicle
is legally operable at the present time if he or she shall disagree
with the Building Inspector's determination.
(3)
Ancillary businesses located on a junkyard lot or lots that are part
of the same site and site plan if one is a matter of record, including,
but not limited to, vehicle and equipment sales, rental operations,
repair operations, other sales activities, services and processing
operations; whether or not directly related to the primary junkyard
function.
E.
License required. No person, partnership, association or corporation,
being the owner or occupant of land within the Town of Deerpark, shall
use or allow the use of such land for a junkyard unless a license
has been obtained and maintained as herein provided, which license
shall be applied for concurrently with application for site plan review
and special use approval hereunder. The Building Inspector shall issue
a license within 10 days after approval of the application by the
Town Planning Board pursuant to these criteria. Said license shall
be effective from the date of issuance until surrendered by the licensee
or revoked by the Building Inspector and shall be inspected annually
by the Building Inspector and a five-year renewal with approval by
the Town Board as to continued compliance with these standards every
five years. The Town Board may issue a junkyard license as temporary,
conditional, or for any period length under five years that it considers
appropriate. No license shall be issued until the Building Inspector
has received:
F.
Transfer of license. The license may be transferred to a new owner
of a junkyard, provided all of the requirements of this chapter pertaining
to the existing junkyard are met and a new application is submitted.
G.
Disapprovals. Any disapproval shall be in writing and include the
reasons therefor. The Building Inspector shall not issue a license
in any instance where the Planning Board has not approved the site
plan and given special use approval.
H.
Right to enter and inspect. The Building Inspector shall enforce
all of the provisions of this chapter and shall have the right, at
all reasonable times, to enter and inspect any junkyard. The Town
Board shall specify the frequency of such inspection, but no less
than four times per year, and set fees by resolution to cover costs
involved.
I.
Orders to correct. If the Building Inspector finds that a junkyard
for which a license has been issued is not being operated in accordance
with the provisions of this chapter, he may serve, personally or by
certified mail to the holder of the license, a written order which
will require the holder of the license to correct the conditions specified
in such order within 10 days after the service of such order or a
longer time specified by the Building Inspector.
J.
Suspension of license. If the holder of such license shall refuse
or fail to correct the condition or conditions specified in such order
within 10 days, or at another time required specifically, after the
service of such order, the Building Inspector may suspend such license,
and the holder of the license shall thereupon terminate the operation
of such junkyard.
K.
Expiration of license. Any license which is not used for the purpose
intended within 12 months of the date of issuance shall automatically
expire, and the junkyard shall be removed in its entirety.
L.
Standards applicable to new junkyards. All new junkyards shall conform
to the following standards:
(1)
No part of any junkyard shall be located closer than 100 feet to
an existing public right-of-way or adjoining property line or 1,000
feet to a church, school, health care facility, public building, or
place of public assembly.
(2)
New junkyards shall, moreover, be permitted only in the Industrial
(I-1) District.
(3)
All new junkyards must erect and maintain an eight-foot fence or
dense natural screening along the boundaries of the property adequate
to discourage the entrance of children or others into the area and
to contain, within such fence, all materials in which the owner or
operator deals. Such fence or screening shall also substantially screen
the junkyard from public view and otherwise comply with the requirements
of § 136 of the General Municipal Law.
(4)
No junkyard shall be used as a dumping area for refuse or as a place
for the burning or disposal of trash.
(5)
All dismantling operations shall take place inside an enclosed structure
or screened-in area, and any parts of vehicles or equipment shall
similarly be stored inside an enclosed structure. All vehicles awaiting
dismantling or retained for sale or use intact shall be buffered as
required in this section from the junkyard as a whole.
(6)
The Planning Board, in acting upon the special use application for
any new junkyard, shall consider aesthetics and the impact on surrounding
property consistent with the demands of § 136, Subdivisions
7 and 8, of the General Municipal Law.
(7)
All waste oils and similar waste products shall be stored and/or
disposed of consistent with local and state requirements and best
industry practices.
M.
Standards applicable to existing junkyards. All existing junkyards
shall conform to the following standards, to be administered by the
Town Board based on the inspection and report of the Building Inspector
as to compliance with the standards of this chapter:
(1)
Existing nonconforming junkyards shall, within a period of one year
following the effective date of this chapter, be removed unless a
license shall have been obtained for continued operation and the facility
has been made to conform to the regulations provided below.
(2)
Applications for licenses to continue operating existing nonconforming
junkyards shall, unless the owners thereof have indicated in writing
their intention to discontinue operations as provided above, be made
within one year following the effective date of this chapter. All
licenses shall, thereafter, be renewed by July 1 for every five calendar
years.
(3)
Applications for licenses to continue operation of existing nonconforming
junkyards shall include a site plan depicting the existing operation
and any planned improvements as may be required by this chapter.
(4)
All existing junkyards shall include an eight-foot-high fence along
the side and rear boundaries of the property adequate to discourage
the entrance of children or others into the area and to contain, within
such fence, all materials in which the owner or operator deals. Fencing
and screening shall fully comply with all requirements applicable
to existing junkyards. Yard requirements applicable to new junkyards
shall not be further violated.
(5)
All fencing must be approved by the Town Board and produce a screen
through which one generally cannot see. Various materials, including
evergreen screening, may be used. The Town Board shall also take measures,
such as securing injunctive relief, to ensure maintenance of such
fencing or screening.
(6)
The license application shall include other information as may be
required to determine compliance with these regulations. The Town
Board, in acting upon the application, shall consider the following:
(a)
Impacts of the use on the enjoyment and use of adjoining properties
and the community.
(b)
The effectiveness of screening available or to be provided,
visibility from the highway or adjacent properties and the extent
to which the operator's plans address various health, safety
and aesthetic concerns.
(c)
The extent to which dismantling operations can or do take place
inside an enclosed structure and whether or not all parts of vehicles
or equipment are similarly stored inside an enclosed structure. The
Town Board has the right to approve temporary or conditional approval
as it sees appropriate.
N.
Existing junkyards shall not be expanded except in conformance with these regulations. Any person or persons proposing to establish or expand a junkyard in the Town of Deerpark shall prepare site plans of the same to be submitted to the Planning Board under special use/site plan review procedures. The Planning Board can approve or deny any such application as per their consideration of Subsection M(6)(a) through (c) above. The Planning Board can consider waiving area and distance requirements for expansion of existing junkyards. Continuous screening will be required as per the Planning Board.
O.
Junkyard application standards. All applications to operate junkyards
in the Town of Deerpark shall include criminal records with respect
to the applicant(s), including any owner with a five-percent or more
ownership. Should such criminal records reveal convictions for larceny
or receiving stolen property, such application shall be denied. This
procedure shall apply to both original license and transfer applications.
Applications shall in other respects comply with special use and site
plan review procedures.
P.
Scrap processor.
(1)
License for scrap processing (annual). It shall be unlawful for any
person, association, partnership or corporation to engage in business
as a scrap processor unless such scrap processor shall have complied
with the provisions of this article and obtained a license to do so
from the Supervisor of the Town in which such place of business is
located, or from the licensing authority of any such municipality;
for which license shall be paid such Supervisor or licensing authority
for the use of such Town the sum of $75 if such place of business
is the principal place of business of such scrap processor in this
state; otherwise, the sum of $50, which license shall expire on June
30 of each year.
(2)
Records.
(a)
Such scrap processor shall record: [1] each purchase of any
pig or pigs of metal, bronze or brass castings or parts thereof, sprues
or gates of parts thereof, utility wire or brass car journals, or
of metal beer kegs; and [2] each purchase of iron, steel and/or nonferrous
scrap for a price of $50 or more, and preserve such record for a period
of three years; which record shall show the date of purchase, name
of seller, his residence address by street, number, city, village
or Town, the driver's license number or information from a government
issued photographic identification card, if any, of such person, or
by such description as will reasonably locate the seller, the type
and the quantity of such purchase; and the scrap processor shall cause
such record to be signed by the seller or his agent. It shall be unlawful
for any seller to refuse to furnish such information or to furnish
incorrect or incomplete information. Such scrap processor shall also
make and retain a copy of the government-issued photographic identification
card used to verify the identity of the person from whom the scrap
metal was purchased and shall retain this copy in a separate book,
register or electronic archive for two years from the date of purchase.
(b)
Such records shall be available for inspection by the Police
Department of the state or the municipality in which the establishment
is located.
(3)
Penalty.
(a)
Each violation of this article by a scrap processor shall be
a violation subject to a fine of not more than $200, unless such violation
shall be willful, in which event it shall be a misdemeanor; except,
however the scrap processor shall not be liable for any violation
of this article by the seller, his agent, or a purported seller or
agent.
(b)
Each violation of this article by a seller or his agent shall
be a misdemeanor.
A.
Purposes. The purpose of this section is to permit continuing care
facilities as special uses within Hamlet Mixed/Use (HM-U) Districts.
This section is intended, under the authority given to the Town of
Deerpark by § 10 of the New York State Municipal Home Rule
Law, to supersede the provisions of the New York State Town Law as
follows:
(1)
Sections 274-a, 274-b, and 276 of the Town Law are superseded to
combine these requirements into a single set of provisions with respect
to continuing care retirement communities, where special use, site
plan review, and subdivision review and approval take place concurrently
and both preliminary and final plans are required as provided under
§ 276.
(2)
Sections 274-a and 274-b of the Town Law are superseded to make the
established time periods for hearings and actions on plans coincide
with those for subdivision plats under § 276, excepting
that § 276, Subdivision 5(h), shall also be superseded to
change the time to submit a final plat following preliminary plat
approval from six months to five years, with extensions subject to
approval from the Planning Board to permit phased development.
(3)
Section 276, Subdivision 7(c), is superseded to change the duration
of a conditionally approved final plat from 180 days, with two ninety-day
extensions, to five years following preliminary plat approval, with
extensions subject to approval from the Planning Board to permit phased
development.
B.
ASSISTED LIVING
CONTINUING CARE FACILITY
ENRICHED HOUSING
NURSING FACILITY
Special definitions.
A single facility offering a coordinated array of supportive
personal and health services, available 24 hours per day, to protect
residents of 60 years or more in age who have temporary or periodic
difficulties with one or more essential activities of daily living,
such as feeding, bathing, dressing, or mobility. This definition includes
adult care facilities licensed by the State of New York.
A residential development, facility or facilities established
with the primary purpose of providing individuals of 60 years or more
in age, or households where the head of household is 60 years or more
in age, a comprehensive, cohesive living arrangement oriented toward
the enhancement of the quality of life and which, pursuant to the
terms of a continuing care contract, offers independent living units
and board combined with a range of health care and social services,
subject to the terms of the contract. A continuing care facility may
include a continuing care retirement community, as provided under
the laws of the State of New York, or a combination of the following:
An adult care facility established and operated for the purpose
of providing long-term residential care to five or more adults, primarily
persons 60 years of age or older, in community-integrated settings
resembling independent housing units. Such program shall provide or
arrange the provision of room and provide board, housekeeping, personal
care, and supervision.
Food, shelter and twenty-four-hour nursing and medical care
provided to chronic or convalescent patients, including intermediate,
skilled and subacute levels of such care, and customary accessory
uses such as dining rooms, bathing areas, common areas, offices, clinics,
therapy areas, medical facilities, and other space necessary to provide
these services.
C.
Standards:
(1)
A continuing care facility may, in addition to the facilities required
below, include:
(a)
One-bedroom apartments with a minimum of 500 square feet and
a maximum of 1,200 square feet in floor area. The one-bedroom apartment
shall include, but not be limited to, a bathroom, bedroom, dining/living
room, kitchen, and closet space. Each one-bedroom apartment shall
have its own separate heating and air-conditioning units.
(b)
Two-bedroom apartments with a minimum of 900 square feet and
a maximum of 1,350 square feet in floor area. The two-bedroom apartments
shall include a bathroom, two bedrooms, dining/living area, kitchen,
and closet space. Each two-bedroom apartment shall have its own separate
heating and air-conditioning units.
(c)
Concierge services, housekeeping, laundry, banking, dry-cleaning
(pickup and delivery), twenty-four-hour security service, and temporary
controlled indoor courtyard.
(d)
Recreation, cultural, and medical facilities for the sole use
of residents of the community and their guests, which may include
dining rooms, a library, arts and crafts studios, a business/computer
center, pool, bistro, hairdressing facilities, lounges, a theater,
inside convenience store, indoor and outdoor recreational facilities,
a fitness or wellness center, courtyards, pavilions, picnic facilities,
and other customary accessory uses. Nothing herein, however, shall
restrict the use of continuing care facilities for public purposes
such as community events, use as a local library or recreation activities
of a noncommercial nature.
(2)
Area, yard, and building requirements. No building, structure, or
land shall be used or erected, altered, enlarged or maintained except
for continuing care facilities within the area which is in accordance
with a preliminary site plan and/or subdivision plan approved by the
Planning Board. Such site development plan shall meet at least the
following minimum requirements:
(a)
Minimum area. The minimum area for a continuing care facility
shall be 20 acres, provided that an area of less than 20 acres may
be added to an existing continuing care facility if contiguous and
otherwise in compliance with these regulations.
(b)
Residential density. Gross density for a continuing care facility
shall not exceed eight dwelling units per acre of buildable land for
independent living units. Additionally, no less than two and no more
than three beds each of assisted living and long-term care shall be
provided for each 10 independent living dwelling units permitted on
site, provided the total number of dwelling units and beds for the
continuing care facility does not exceed 12 units or beds per acre
of buildable land. No more than 40% of slopes over 25% in grade, 10%
of floodplain areas, and 10% of wetland areas shall be included in
calculating buildable for purposes of density calculations.
(c)
Impervious coverage. No more than 50% of the gross area shall
be covered by impervious surfaces.
(d)
Maximum building height. Three stories or 35 feet, except mechanicals,
elevator shafts, and the like. Elevators shall be required for all
structures of two or more stories in height.
(e)
Fire protection and ambulance services.
[1]
No application for a continuing care facility shall be approved
unless and until the appropriate officer of the applicable Town Fire
District(s) shall have: reviewed the plans and the site; determined
the district firefighting equipment can provide adequate coverage
for the community; and found that there are no major obstacles in
the design or layout of the facility to providing fire protection.
The applicant shall document to the Fire District and the Planning
Board that there is a water supply, storage, and distribution system
with sufficient capacity to meet the firefighting needs associated
with the development in accordance with ISO or other guidelines established
by the Planning Board. These facilities shall be located on the site
and convenient for easy access. A fire lane of no less than 12 feet
in width shall be provided surrounding all assisted living, independent
living, and long-term care buildings.
[2]
If the Fire District, or any other department of the Town of
Deerpark, lacks the specific equipment, facilities, or training needed
to serve the continuing care facility, the Town shall be authorized,
through its Planning Board, to require, as a condition of special
use and site plan approval, a financial contribution from the applicant
toward providing that equipment, facilities, or training. Such contribution
shall be reasonable and directly related to the costs of serving the
community. Ambulance services for residents of any continuing care
facility shall be provided by and paid for by the applicant.
(f)
Setbacks from tract boundary. No building or structure, other
than entrance gatehouses, walls or fences, shall be located within
100 feet of any exterior boundary line of the tract, except that the
Planning Board may modify this requirement where existing topography,
vegetation, and landscaping or improvements such as planted earthen
berms mitigate any impacts on neighboring properties.
(g)
Building separation. All principal buildings shall be separated
by a distance equal to their height, with a minimum separation of
25 feet.
(h)
Water and sewerage facilities.
[1]
No individual wells or individual sewage disposal systems shall
be permitted, and each building shall be serviced with said utilities
by a community wastewater or disposal system approved by the Board
of Health, New York State Department of Environmental Conservation,
and other controlling agencies. Such system facilities shall be subject
to design review and buffering to minimize aesthetic impacts. No building
permit shall be issued unless and until plans for such facilities
have been approved by the proper authorities and adequate provisions
are made to ensure that such necessary facilities shall be installed.
[2]
The water and sewer facilities shall not adversely affect the
groundwater supply and quality in the area or on nearby properties.
Pump tests demonstrating that there will be no adverse impacts on
nearby wells shall be submitted to the Town of Deerpark by the applicant
prior to construction of the project. Any water tanks shall be located
at least 500 feet from any existing residential structures. Should
a property owner within 500 feet of the development boundary request
or require water connection because their well has been affected and
the pump test documentation to this effect is satisfactory to the
Planning Board, then the applicant shall connect them at no cost.
[3]
The potential for sewer connections to adjoining properties
shall be investigated at the time the application is reviewed, and
the Planning Board shall be authorized to require provision of reserve
capacity to serve such owners.
(i)
Building size. No building within a continuing care facility
shall exceed 300 feet in length or width. Buildings in excess of 150
feet in dimension shall include breaks in the building planes and
ridges every 40 feet.
(j)
Parking and loading requirements. No less than one parking space
per independent living unit and one parking space per employee on
the largest shift shall be provided for the continuing care facility.
These requirements may be modified by the Planning Board where evidence,
submitted from a competent authority regarding projects of similar
design, indicates a greater or lesser number of spaces may be needed.
Loading spaces shall comply with requirements of this chapter pertaining
to commercial uses.
(k)
Accessory structures. Accessory structures shall not be permitted
in front yard areas. No accessory structure shall have a building
height of 35 feet or be located within 25 of any principal structure,
except for garbage containers, tool sheds, or similar structures that
do not obstruct a fire lane.
(3)
Occupancy restrictions. A continuing care facility shall be restricted
in occupancy to persons of 60 years or more in age and immediate members
of their household who are at least 18 years of age. This restriction
shall be a condition of approval and incorporated into restrictive
covenants and management plans for the continuing care facility. Copies
of such restrictive covenants, which shall not be changed without
the approval of the Town of Deerpark, and management plans shall be
submitted as part of the special use application.
(4)
Environmental review. A continuing care facility, because of its
large scope by definition, shall be considered a Type I action for
purposes of review under the New York State Environmental Quality
Review Act (SEQRA) and to have a significant impact on the environment,
requiring the preparation of an environmental impact statement. A
public hearing on the draft environmental impact statement shall take
place prior to action on the special use application so as to permit
the attachment of any specific conditions required to mitigate environmental
impacts.
(5)
Health care requirements. A continuing care facility shall operate
in strict accordance with any applicable health care requirements
of New York State, as shall be evidenced by possession of any required
licenses from controlling state agencies. The lack of such licenses,
where required, shall render special use approval from the Town of
Deerpark null and void. The revocation of such licenses shall terminate
any rights an applicant or owner of a continuing care facility may
have to operate in the Town of Deerpark and require the resubmission
of plans in the form of a new special use application. A continuing
care facility shall have a medical director licensed to provide services
in the State of New York.
(6)
Phasing and renewal of approval. A continuing care facility project
may be phased. Special use, site plan, and subdivision review and
approval shall, with the exception of any minor subdivisions required
at the outset to create the parcel(s) being developed, take place
concurrently, provided that preliminary site plans and plats shall
be acted upon within the time periods provided under § 276
of the New York State Town Law. Final site plans and plats and conditionally
approved site plans and plats shall be valid for a period of three
years from the date of approval, unless extended by the Planning Board
subject to a phasing plan. Special use approval for any phases not
completed or financially guaranteed, as provided below, within such
three-year period, as may be extended by the Planning Board, shall
immediately expire.
(7)
Installation of improvements and financial guarantees. The provisions
of § 277 of the New York State Town Law shall apply to installation
or financial guarantee of all road and driveway improvements, parking
areas, utility infrastructure, and outdoor recreational facilities
connected with a continuing care facility, but not to the principal
or accessory buildings or any other indoor improvements of a similar
nature.
