Town of Carmel, NY Article IV Special District Regulations

§ 156-30 Economic Development Floating Zone.

A. Purpose. The Economic Development ("ED") Floating Zoning District is an unmapped floating zone that is established only upon an applicant's submission of a zoning petition and approval of the petition by the Carmel Town Board. Approval of a zoning petition and concept master site plan by the Town Board allows an applicant to submit a site-specific site plan application for a nonresidential use in compliance with the standards set forth in this section and a final concept master site plan approved by the Town Board. The purpose of the district is to allow nonresidential uses that will improve and enhance the Town's economy by bringing visitors into the community, generating employment opportunities, increasing the Town's tax ratable base, complementing, and not competing with, the commercial uses in the hamlets of the Town, and not impacting the Town's residential neighborhoods or environs. The ED Zone may allow one or more nonresidential uses as part of the overall development.

B. Criteria for approval of the ED Zone. In determining whether to approve an ED Floating Zone petition, the Town Board shall consider the following criteria and determine to what extent the zone petition meets these criteria and whether the proposed use, on balance, benefits the Town of Carmel:

(1) Demonstrate that the use will create employment opportunities for area residents and enhance the Town's tax ratable base;

(2) Represent a use which will not compete with the commercial uses and services available within the hamlets, as determined at the discretion of the Town Board;

(3) Promotes and is designed and built using high quality materials and an architectural and building design consistent with that of Carmel;

(4) Promotes energy-saving and building techniques, like those promulgated by the U.S. Green Building Council;

(5) Can be served adequately by the Town and other community facilities and services that serve Carmel, including ambulance, fire, police, highway, and other services, and will not place undue demand on same, and provides for the construction or improvement of public facilities, services or utilities where necessary;

(6) Can be accommodated in a manner wherein the traffic generated by the use will not negatively impact any roads within the Town of Carmel;

(7) Encourages protection of historical buildings and sites, sensitive archaeological areas and other important cultural resources;

(8) Encourages the conservation and enhancement of the visual quality of Carmel;

(9) Minimizes flooding and erosion by protecting the functions of wetlands, water bodies, water courses, flood plains, areas of high-water table, steep slopes, erosion hazard areas and natural vegetative cover; and

(10) Provides special community benefits such as open space protection, public access to park land, hiking trails, biking trails and recreational resources.

C. Minimum ED Zoning District standards. The following minimum standards shall be met in order to submit a zone petition to the Town Board:

(1) Location. The proposed ED Zone may be applied to properties zoned LDR, PRD, or BP, as those zones are shown on the Town of Carmel zoning map.

(2) Minimum size. The minimum size of the tract, or combination of tracts, to be rezoned to ED shall be a minimum of 20 gross acres and in single ownership. Said tract(s) shall be contiguous, except that utility and transportation rights-of-way shall be permitted to cross the tract, and still render the tract contiguous. No part of the required acres may be composed of land or property already restricted from development by a conservation easement, deed restriction, or other restriction limiting development. For purposes of these regulations, no portion of said restricted lands may be used in the calculation of open space or for purposes of calculating nonresidential intensity.

(3) Utilities. The proposed development can be served adequately by water and sanitary sewer service.

(4) Uses. An ED Zone may allow the following nonresidential uses: professional offices, research and laboratory facilities, light industrial and similar nonresidential uses; and tourism-related uses, including dude ranch, commercial stables and riding academies, resort, and other tourist destination uses found acceptable to the Town Board; museum, performing arts venue, conference center, and similar visitor attractions. The uses allowed in the floating zone shall be authorized by the Town Board, which in its discretion, may reject any use it determines does not meet the intent of the zone. The Town Board may consider other uses that meet the criteria for approval not set forth herein which meets the criteria for approval. Uses may be located on one or more lots, requiring site and/or subdivision approval. Said lots shall be merged in order to meet the minimum 20-acre lot requirement if necessary.

D. Procedure. The following procedures shall be followed in the creation of an ED District:

(1) Pre-application meeting. The applicant shall request a pre-application meeting with the Town Board and Planning Board and its consultants to discuss the proposal. A sketch plan shall be submitted which shall include the information set forth in Article X, Site Plan Review, of this zoning chapter. The purpose of this meeting will be to solicit preliminary non-binding comments of the Town Board and Planning Board regarding the consistency of the ED proposal with the criteria set forth in Subsection B above and to identify any issues that must be addressed during the review process. In addition to submission of a sketch plan, a narrative indicating how the proposal meets or will be designed to meet the minimum standards set forth in Subsection B above shall be submitted. The foregoing information shall be received by the Town Board and Planning Board and its consultants at least 30 days prior to the preapplication meeting at which the proposal shall be discussed. Subsequent to issuance of the Town's non-binding comments, the applicant may submit a formal zone petition to the Town Board.

(2) Submission of the zone petition. The applicant shall petition the Town Board for ED zoning in accordance with the procedures set forth in Article XIII of this zoning chapter. The zone petition shall be in a form sufficient to enable the Town Board to evaluate the applicant's proposal and its consistency with the purpose, criteria, minimum standards and general design standards set forth herein. Copies of the ED Zone petition shall also be submitted to the Planning Board and its consultants. The ED Zone petition shall be accompanied by the following which shall represent the applicant's ED Concept Master Site Plan:

(a) A written description of the purpose of the ED and to what extent it meets the purposes, and criteria set forth in A and B and the minimum standards set forth in C.

(b) A metes and bounds description and survey of the proposed ED Zone District certified by a licensed land surveyor.

(c) A conceptual site plan for the ED showing a proposed ED layout with:

[1] Delineation of the proposed nonresidential lots;

[2] The proposed pedestrian, bicycle and/or vehicular circulation system illustrating how said system connects to a hamlet or may connect to the same in the future. The installation of a pedestrian and trail system is a requirement of the zone;

[3] Delineation and approximate acreage of any protected open space areas and description of the uses, if any, proposed within said areas, together with proposals for the ownership, maintenance and protection of the open space;

[4] Delineation of all proposed uses and a description of ownership and proposed access, whether public or private;

[5] A location map, showing generally the land use and ownership of abutting lands within 500 feet of the property line;

[6] Description and conceptual design of the water and sewer system to a degree that the Town Engineer may opine on the adequacy of the system. The proposed capacity, ownership and maintenance of said system shall be specifically described;

[7] A location and outline of existing water bodies, streams, marshes and wetlands and their respective classification as determined by the appropriate governmental regulatory body;

[8] Boundaries of any areas subject to flooding or within a FEMA-mapped 100-year flood plain;

[9] Identification of any other significant natural features as per § 156-11E;

[10] The approximate location and dimensions of proposed principal and accessory buildings on site and the relationship to one another and to other structures in the vicinity. Proposed bulk regulations to guide development of the zone shall be submitted;

[11] Proposed safeguards to be provided to minimize possible detrimental effects of the proposed development on adjacent properties and the neighborhood in general, including proposed plans for landscaping, tree preservation and/or buffering to adjacent properties;

[12] A draft stormwater pollution prevention plan;

[13] Approximate location of lands, if any, proposed to be dedicated to the Town;

[14] Other information, plans and details as may be required by the Town Board to assess whether the ED will result in one or more of the economic benefits set forth in Subsection B, Criteria for approval of the ED Zone;

[15] The Town Board shall have the discretion to modify any of these submission requirements if it determines that the submission is not necessary for the Town Board's evaluation of the proposed ED Zone;

(d) A description and examples of the architectural and green building design features and programs to be incorporated into the development. The submission shall include building elevations and floor plans.

(e) A description as to how the common elements, e.g., open space and recreational resources, are to be owned, operated and maintained.

(f) If the project is to be phased, a proposed phasing plan indicating the approximate phasing of land dedication, site development and infrastructure improvements both on- and off-site, including the general order of construction and estimated timing of each phase. The Phasing Plan shall also identify the sequence, and timing, for construction of all special community benefits and/or construction or improvement of public facilities, services and/or utilities. The Town Board, at its discretion, may require that the ED be phased.

(g) The present ownership of all lands included within the proposed ED Zone.

(h) Evidence acceptable to the Town Board to demonstrate the applicant's financial capacity to carry out the project and a description of previous experience with projects of a similar scale and magnitude.

(i) Such other documentation and information as may be required by the Town Board to evaluate the ED Zone petition and sketch plan.

(3) SEQRA review. The ED zone petition and concept master site plan shall not be deemed complete until such time as the Lead Agency issues a SEQRA Negative Declaration or a Draft Environmental Impact Statement ("DEIS") is accepted by the Lead Agency as complete for purposes of commencing public review. The proposed development of an ED zone shall be designated a Type I action and requires submission of a Full Environmental Assessment Form ("FEAF"). Consistent with the regulations implementing SEQRA coordinated review shall be conducted. The Lead Agency, based on the facts contained in the EAF, the ED Zone Petition and Concept Master Site Plan, shall determine whether the proposed action may have a significant effect on the environment, requiring issuance of a Positive Declaration and the preparation of a Draft Environmental Impact Statement ("DEIS"). The following information, at a minimum, shall be provided by the applicant as part of the SEQRA review process, and may be incorporated into a DEIS, if submission of same is required:

(a) Maps and narrative illustrating the natural and sensitive environmental features of the site. A narrative shall be provided describing the sensitive environmental features that are being protected and how they have been incorporated into the proposed boundary of the open space area.

(b) A community services/fiscal impact study analyzing the demand that will be placed on community service providers and the costs associated with same. The study shall set forth specific methodology and assumptions upon which it is based. The Lead Agency shall review and consider the estimated community service costs, including Town and school district capital and operating costs, and the tax revenues to be generated by the development to offset said costs.

(c) A traffic impact study indicating the ability, in terms of geometry and capacity, of the internal and adjacent roadway network to accommodate traffic generated by the proposed development. The traffic study shall identify mitigation measures, as necessary, to ensure adequate and safe traffic flow.

(d) An ecological survey identifying flora and fauna and assessing the type and quality of ecological habitat found on the project site, taking into consideration seasonal variations. Said survey shall summarize the results of on-site field investigations.

(e) Design calculations and preliminary plans illustrating on- and off-site improvements related to the design, construction and installation of a centralized system of wastewater treatment and water supply.

(f) A draft stormwater pollution prevention plan, indicating methods to control stormwater runoff and methods to protect water quality of receiving water bodies.

(g) Such other information and data that the Lead Agency determines necessary for adequate SEQRA review of the proposed action.

(4) Putnam County Planning referral. A petition for an ED zone shall be referred to the County Planning Department in accordance with NYS General Municipal Law.

(5) Public hearing. The Town Board shall hold one or more public hearings as required for a subdivision. The Town Board may, in its discretion, combine the ED zone petition public hearing with other required hearings, and the SEQRA hearings conducted by the Lead Agency.

(6) Planning Board report. After completion of SEQRA, i.e., issuance of a negative declaration or issuance of a findings statement, but prior to any action taken by the Town Board on the zone petition, the Planning Board shall also render a report with its comments related to its review of the ED and master concept site plan that should be considered by the Town Board prior to its decision making. Said report shall be issued within 45 days following completion of the SEQRA process.

(7) Town Board decision. Approval by the Town Board of the ED zoning is a legislative act. The Town Board by resolution and in its sole discretion, may elect to consider, may elect not to consider, or may reject any request for an ED rezoning at any time during the zone petition review process. The Town Board, within 62 days after the close of the public hearing or after completion of the SEQRA process by the Lead Agency, whichever is later and including the issuance of SEQRA findings statement if applicable, shall make its decision to: i) approve; ii) disapprove; or iii) approve with modifications and/or conditions the ED Zone. If the Town Board disapproves the ED Zone, it shall set forth its reasons for said determination in a written statement. However, the requirement of a written statement shall not be deemed to impair or affect the legislative nature of the Town Board's decision-making powers. The timeframe within which the Town Board may act may be extended upon mutual consent of the Town Board and the applicant. Failure to act within the time prescribed shall not result in default approval of the ED Zone. If the Town Board approves the ED Zone, or approves the ED Zone with conditions, it shall, in its decision:

(a) State that it has considered the criteria for decision-making set forth in § 156-30B and state its finding as to what extent the proposed ED meets these criteria and to what extent the ED, on balance, benefits the Town of Carmel.

(b) Set forth or establish the maximum square footage buildout to be included in the ED Zone.

(c) Determine all uses which shall be allowed in the ED Zone.

(d) Establish the phasing plan as may be requested by the applicant or required by the Town Board.

(e) Prescribe such bulk regulations which will apply in the ED Zone, including an identification of any provisions of the zoning chapter that shall be superseded.

(f) Establish such other conditions and requirements which the applicant must adhere to in the development of the ED Zone.

(g) All of the above shall be deemed to be, upon approval, or approval with conditions of the ED Zone petition, the "ED Final Master Concept Site Plan."

(8) Development agreement. The Town Board, and the applicant (developer) shall enter into a written agreement, the purpose of which shall be to establish in writing and for the benefit of the parties, the specific parameters of the approval which has been granted by the Town Board and upon which the applicant may rely in proceeding with its development project.

(9) Filing of documentation. Upon approval of the ED Zone petition, the Town Zoning Map shall be duly amended by the Town Board. The map amendment shall be filed, as required, with the New York State Department of State, and a copy shall be filed in the Putnam County Clerk's Office. In addition, the ED final master concept site plan shall be filed in the Office of the Town Clerk, together with the Zoning Map Amendment and Development Agreement. Where the regulations of the zoning chapter vary with the standards set forth in the ED final master concept site plan, the final master concept site plan shall take precedence.

(10) Planning Board approval. The zoning of the property as an ED Zoning District by the Town Board does not create any vested rights in the property owner (applicant). The applicant shall be required, after zoning of the ED Zone, to make a complete application for site plan and/or subdivision approval for some or all of the ED Zone. Nothing herein shall limit the applicant's ability to make submission of a site plan and/or subdivision application concurrently with the ED Zone amendment. However, until the zone petition is approved, no subdivision plan or site plan application shall be deemed complete and said determination of completeness shall be made only by the Planning Board. The applicant shall pursue diligently preliminary subdivision plan and/or site plan approval. The ED Zone shall entitle the applicant to construct the ED development in accordance with the ED final master concept site plan, subject to Planning Board site plan and/or subdivision approval. However, any significant changes to building location, sizes, building type, or changes which the Planning Board deems may have the potential to have a significant impact or represents a significant deviation from the plans upon which the ED Zone has been established shall be referred to the Town Board for its review. The Town Board shall determine whether said changes require approval of an amendment to the ED final master concept site plan. If a preliminary subdivision and/or site plan for either a phase or for the ED Zone in its entirety is not submitted within one year of the date the ED rezoning is granted, the rezoning shall become null and void and the land which is the subject of the ED rezoning shall revert to the zoning in effect prior to the ED zone designation. Prior to said one year period, the applicant may request from the Town Board one extension of time for the submission of a plan and shall state in writing the reasons for said extension. The Town Board, in its discretion, may conduct a public hearing and may approve or deny the extension and said extension shall be granted for a time period of no more than one additional year. In making its site plan and/or subdivision determination, the design standards set forth in Article VIII together with all standards set forth in the Town Board's ED Zone and final master concept site plan approval shall be applied by the Planning Board.

E. Nonresidential yield determination. The maximum nonresidential yield for the ED shall be calculated as follows:

(1) Maximum square footage. A floor area ratio of 0.25 shall be used to determine maximum floor area of all principal and accessory buildings allowed as part of the development.

(2) Lot coverage. A maximum of 40% impervious coverage shall be allowed.

(3) Building height. The maximum building height shall be three stories, or 45 feet.

F. Design standards.

(1) Parking and loading requirements. The minimum off-street parking and loading requirements for any uses or structures in the ED Zone shall be established as part of the final master concept site plan, taking into consideration the parking requirements of the zoning chapter.

(2) Pedestrian connection. The Town Board may require pedestrian and trail connections, including a connection to the Putnam Trailway.

(3) Design guidelines. The Town Board may require the submission of design guidelines, prepared by a qualified New York licensed architect that shall be approved as part of the ED Zone. The design guidelines shall set forth architectural styles and designs to be utilized and landscape guidelines for the development. Building styles shall be defined by a set of standards - massing and proportion, materials, colors, roof-pitch, height, etc. - that encourage superior quality building design. Landscape design guidelines shall encourage use of native species and shall not allow the introduction of invasive species.

(4) Yard requirements. Frontage and yard requirements within an ED Zone shall be established as part of the master concept site plan, and will be dictated by health, fire, safety, function and buffer considerations. With the design guidelines, the applicant shall be required to submit proposed bulk requirements that would apply to lots, if proposed, in the ED Zone which shall be subject to Town Board approval.

(5) Roads and driveways. The arrangement, character, extent, width, grade and location of all streets shall be considered in relation to existing and planned streets, topography and public convenience and safety, and in their appropriate relation to the proposed use of the land to be served by said streets. Whether public or private, streets shall conform to all road specifications of the Town, Putnam County Department of Highways and Facilities, and NYSDOT as applicable unless alternative standards are approved by the applicable agency.

(6) Open space. No less than 40% of the entire tract shall be designed as open space. The following activities are allowed within the open space areas:

(a) Conservation of open land in a natural or managed state (for example, woodland, fallow field, or meadow).

(b) Agricultural uses, including pasture.

(c) Equestrian facilities shall be permitted but may not consume more than 25% of the minimum required open space area.

(d) Greens, commons, picnic areas, gardens, trails, and similar low-impact passive recreational uses, specifically excluding gas-powered motorized off-road vehicles such as all-terrain vehicles and snowmobiles, and other uses similar in character and potential impact as determined by the Town Board.

(e) Active noncommercial recreation areas, such as playing fields, playgrounds, courts, and bikeways, provided such areas do not consume more than 25% of the open space area.

(f) Open space shall be permanently protected via conservation easement or deed restriction which is enforceable by the Town of Carmel.

(7) Municipal civic areas and uses. The creation of a development in the ED Zone, due to its size, may place significant demand on various municipal service providers. These providers include but are not limited to: fire district, Town governmental services, and emergency service providers. In addition to the municipal uses set forth above, the Town Board may require that the development to incorporate, into its design, locations for municipal service providers where the Town Board finds that the project would have a significant adverse impact in the absence of providing said location and that such locations would mitigate such impacts. Alternatively, the applicant may mitigate community service impacts through funding the construction and expansion of existing facilities off-site to handle the additional demand.

(8) "Green building" techniques. As a requirement of the ED Zone, it shall be the goal of the district that no less than 50% of all nonresidential space within the ED be designed in accordance with "green building" techniques or standards such as those promulgated by the U.S. Green Building Council, i.e., Leadership in Energy and Environmental Design ("LEED") standards, or comparable standard. The applicant shall endeavor to follow these principles, and any techniques shall be set forth and incorporated into the design standards for the ED Zone.

(9) Signage and lighting. The ED zone shall incorporate decorative sign and lighting design standards which shall regulate said improvements within the ED Zone. The Town Board shall give due consideration to the existing standards for signs and lighting set forth in this zoning chapter.

G. Professional fees. The applicant for an ED Zone shall be required to reimburse the Town for all professional fees incurred by the Town in its review of the zone petition application and in its SEQRA Review of the application, in accordance with the Fee Schedule of the Town of Carmel.

§ 156-31 Design Overlay (D-O).

A. Review authority. All activities regulated by this section shall be reviewed and approved by the Planning Board.

B. The following general objectives will guide the Planning Board in the architectural review of applications in the D-O Zoning District:

(1) Street rights-of-way shall be designed in a manner that promotes pedestrian activity and accommodates it safely.

(2) Usable gathering spaces are to be incorporated, which should be in the form of a pocket park or green, enlarged sidewalks for outdoor cafe seating, or similar feature.

(3) It is an objective to minimize paved surfaces such as off-street parking, driveways, and similar spaces by sharing spaces, encouraging on-street parking, and incorporating landscaping into project design.

(4) Principal buildings should be a minimum of two stories, and up to three stories, that are designed architecturally to be consistent with existing historic buildings in the district, or that otherwise draw inspiration from historic period vernacular architecture where they are present, and which promote a pleasing visual environment.

(5) Streetscape is an important design element and shall be promoted through the use of broad sidewalks, street trees, planter strips, street furniture, cafe spaces, and similar features.

(6) A mix of uses is desirable, with residential, commercial, and public spaces all represented in the Town's mixed-use hamlets. Preference is for a mix of uses to be achieved within buildings, as well within the overall district, to the extent allowed by the base zoning district.

(7) A variety of architectural styles and patterns are allowed and encouraged for new development to ensure that the overlay district has the appearance of having evolved over time. Development shall preserve and enhance assets of local and regional history.

(8) Access to the waterfront is to be enhanced and encouraged. Viewsheds to the lakes and waterfront on any lot in the D-O Zone are to be preserved to the maximum extent as determined by the Planning Board during review.

C. Applications subject to the requirements of the D-O design standards. The following applications made for properties and buildings located within the D-O zone shall be subject to review and approval:

(1) Applications for a building permit for the construction, reconstruction or alteration of any structure or building which exceeds 500 square feet. The Planning Board shall approve the design prior to the Building Inspector's issuance of a building permit.

(2) Applications for site plan approval, special use permit, and/or subdivision approval. The Planning Board shall review these applications in accordance with these D-O standards.

D. Procedures. The Planning Board shall act on a project design within 62 days of receiving a complete application for any application requiring a building permit only. A public hearing is not required. For architectural review of an application that also requires subdivision, special use permit or site plan review, the Planning Board shall make its decision within the timeframes established for those applications.

E. Advisory consultants; responsibilities. The Planning Board is hereby authorized and empowered to retain an architect, landscape architect, urban designer or other such design professional as it deems necessary to review applications, which cost shall be reimbursed in accordance with the Town of Carmel Fee Schedule. The Board shall restrict its considerations to a reasonable and professional review of the proposal and plans, leaving full responsibility for the design and development to the applicant.

F. Submission. Upon the filing of a building permit, site plan, special use permit or subdivision application, the applicant shall submit the information set forth herein, and such information that is deemed necessary to render a decision on the merits of the architectural design of the building or structure. The Planning Board, in its discretion, may waive any of the below submissions where it deems it is unnecessary for review:

(1) Building elevations which express the architectural design of any new building or building alteration, along with information regarding the materials to be used in building construction.

(2) Building permits, renderings, elevations or other information applicable to existing on-site or adjacent buildings, if applicable;

(3) Architectural data, including plans and elevations, full narrative description of materials, color swatches and samples of all exterior materials, including roofing, trim, siding, windows, doors, lighting fixtures, sidewalk and paving materials to be used; gross building area; height, width and depth;

(4) Three-dimensional sketch or rendering illustrating significant aspects of construction and exterior design, when deemed necessary and requested by the Planning Board, at a scale deemed appropriate for review by same;

(5) Any other pertinent details deemed relevant to the review of the application.

G. General review standards. In reviewing a submission, the following shall be considered. The Planning Board, in its discretion, may waive the requirements, provided the alternative design is no less protective of the visual environment, and results in a better-quality design consistent with the intent of the overlay zone. The Town of Carmel Comprehensive Plan is to be used as a guide to design intent, and the following standards shall apply:

(1) The architectural value and significance of the structure and its relationship to the surrounding area.

(2) The general appropriateness of the exterior design, arrangement, texture and materials proposed to be used.

(3) Where new construction, alterations, repairs or additions are undertaken, they shall be consistent with the architectural style of existing buildings or the architectural style of the surrounding area, if deemed appropriate.

(4) Excessive dissimilarity or inappropriateness in relation to adjoining structures, existing or for which a permit has been issued, in respect to two or more of the following features: gross floor area, building area or height of roof or other significant design features, such as materials or style of architectural design.

(5) Excessive similarity in relation to adjoining structures, existing or for which a permit has been issued, in respect to two or more of the following features of exterior design and appearance: apparently identical front, side or other elevations visible from the street, substantially identical size and arrangement of either doors, windows, porches or other openings or breaks in the elevation facing the street, including reverse arrangement; or other significant identical features of design, such as, but not limited to, material, roof line, height or other design elements.

(6) New structures should be constructed to a height visually compatible with the buildings and environment to which they are visually related.

(7) The gross volume of any new structure should be visually compatible with the buildings and environment to which it is visually related.

(8) In the elevations of a building, the proportion between the width and height of the facades should be visually compatible with the buildings and environment to which they are visually related.

(9) The proportions and relationships between doors and windows in the facades should be visually compatible with the buildings and environment to which they are visually related.

(10) The rhythm of solids to voids, created by building walls and openings in the facade, should be visually compatible with the buildings and environment to which it is visually related. For example, a windowless front floor would not be compatible if all other surrounding buildings had windows on the first floor.

(11) The existing rhythm created by existing building masses and spaces between them should be preserved, insofar as practicable.

(12) The materials and textures used in the facades should be visually compatible with the buildings and environment to which they are visually related. For example, a stucco building would not be compatible if all other surrounding buildings are cedar shake.

(13) Colors and patterns used on the facades should be visually compatible with the buildings and environment to which they are visually related. For example, an orange facade would not be compatible if all other surrounding buildings are tan and blue.

(14) The design of the roof should be visually compatible with the buildings and environment to which it is visually related. For example, a flat roof would not be compatible if all other surrounding buildings have a gable front roof.

(15) The landscape plan should include landscape treatments that are visually compatible with the buildings and environment to which it is visually related. For example, palm trees would not be visually compatible if all surrounding buildings utilized hydrangeas in the front yard.

(16) All facades should blend with other buildings via directional expression. When adjacent buildings have a dominant horizontal or vertical expression, this expression should be carried over and reflected.

(17) Architectural details should be incorporated as necessary to relate the new with the old and to preserve and enhance the inherent characteristics of the area.

(18) The setback of the buildings from the street or property line and the other yard setbacks should be visually compatible with the buildings and environment to which they are visually related.

(19) Signs should be of a size, scale, style, materials and illumination that are visually compatible with the building to which they relate and should further be visually compatible with the buildings and environment to which they are visually related.

(20) Any of the factors, including aesthetics, which is deemed pertinent.

H. Building design standards.

(1) Architecture. New construction and rehabilitation shall reflect traditional architecture styles found in Carmel in building and roof forms, window proportions, materials, colors and details. Architectural features and windows shall be continued on all sides of the building that are clearly visible from a street or public parking area to avoid visible blank walls, unless waived by the Planning Board.

(2) Corner buildings should incorporate porches and arcades, cupolas or similar architectural features for visual interest. For corner buildings, the second building frontage should reflect the architectural character of the main frontage.

(3) Facades. Facades, or the exterior walls of buildings, shall be built parallel to the street line and shall define the public space along the sidewalk using consistent setbacks along the street. Where a green or pocket park is proposed adjacent to a street frontage, buildings shall be constructed parallel to same. Structures shall incorporate fascia, canopies, arcades, setbacks, recesses, projections or other design features to compose wall surfaces of 600 square feet or less to avoid large, undifferentiated walls.

(4) Windows. All primary windows, except for ground floor commercial space and small windows such as transom windows, shall be vertical in proportion and in the case of historic buildings, should have multiple panes divided by a muntin. Mirrored, reflective, or darkly tinted glass, all glass walls, and exterior roll-down security gates shall not be permitted. Ground floor commercial space shall be designed with storefront windows. In general, window area should be at least 70% of the ground floor facade.

(5) Awnings. Metal, canvas, and canvas-like awnings are allowed along street frontages and may encroach up to six feet into the required front yard and over the sidewalk beginning at a height no less than seven feet above the sidewalk. Vinyl or aluminum awnings are not permitted.

(6) Primary entrances. The principal pedestrian entrances for the ground floor of any nonresidential use shall directly front to the sidewalk. Principal entries to ground level nonresidential uses shall be functional and highlighted by use of architectural features such as roofs, door surrounds such as fanlights and transom windows, recessions into the facade or other details that express the importance of the entrance.

(7) Public spaces. Buildings with a building footprint of 5,000 square feet or more of gross floor area shall provide for public outdoor space that incorporates amenities such as benches, seats, tables, fountains, outdoor cafes, sculptures, and/or interpretive historical markers. The Planning Board shall determine the amount of public space required based on the lot and building layout, but no less than 15% of the building footprint.

(8) Materials. Vinyl, plastic, aluminum, sheet metal siding or trim, exposed unfinished concrete blocks, unfinished concrete walls, plywood and similar prefabricated panels, unpainted lumber, synthetic stone, synthetic brick or synthetic stucco are not permitted unless waived by the Planning Board, where the Planning Board determines that alternative materials will meet the design objectives of this district.

(9) Roofs and building stories. Buildings shall have sloped or pitched roofs unless waived by the Planning Board. Where a flat roof is allowed, it shall be articulated with parapets and cornices. Parapets shall be a minimum of 42 inches in height or as may be otherwise required to satisfactorily conceal mechanical equipment. Larger buildings may be required to have a combination of roof types and pitches to achieve design objectives, e.g., emphasis on verticality of a building's design. Buildings should be no less than two stories with usable floor space on the upper story. The requirement may be waived where it is determined that the proposed use and building design are consistent with the goals and objectives of the overlay district, and the unique nature of the proposed land use dictates one story only, and a shorter building height promotes or preserves public views of important scenic or historic resources, e.g., views of the lakes.

(10) Screening. All mechanical equipment, whether roof- or ground-mounted, shall be screened from adjacent properties and streets in a manner that is compatible with the architectural treatment of the principal building and completely blocks the equipment from view. Refuse containers shall be located at the rear of a site or building and shall be concealed to the extent feasible from public view.

(11) Walls, fences and other enclosures. These structures shall be constructed of natural materials and shall not exceed a height of three feet along any street frontage line. Materials such as vinyl, fiber cement ("hardie" board) or other man-made material may be allowed where it is determined allowing such waiver is no less protective of the aesthetic character of the overlay zone. Chain link fencing is prohibited.

(12) Corner lots. To provide visual interest at an intersection, a corner building may be required to be designed with a turret, steeple, clock tower, widow walk, or other similar feature to provide visual interest, and said feature may exceed the maximum building height by up to 10 feet. At least one primary entrance to a building that is situated at the corner of a street intersection shall be located at the corner or within 50 feet of the intersection.

(13) Window area. No less than 70% of the first-floor facade, sidewalk-level story of a building with nonresidential uses shall be glazed (window area), allowing views into and out of the interior to create visual interest at street level. Ground level commercial space design shall be based on historic precedent. Windows shall be distributed in an even manner consistent with the rhythm of voids and solids of such historic examples, with low sills and high lintels consistent with the window proportions of historic buildings.

(14) Front yard setback. The minimum front yard setback may be reduced to zero feet, provided that the minimum sidewalk width from the curb to the building facade shall be a minimum of eight feet, inclusive of any street tree or planting row. In no case shall the sidewalk width be less than five feet subject to compliance with ADA requirements.

(15) A building with a length of 50 feet or more along any street frontage shall be articulated, reducing its apparent size. The mass of a building shall be broken up using a variety of massing changes and/or architectural details such as changes in building height, divisions or breaks in materials, window bays, separate entrances and entry treatments, variation in rooflines, awnings, storefronts, changes in building height, and sections that project or are recessed to no less than three feet. For buildings with multiple storefronts, there shall be a direct correlation between the delineations of interior tenant spaces and exterior facade treatments.

(16) Vehicular access. To preserve and promote the safety of the pedestrian realm and to enhance the aesthetic environment of the streetscape, the Planning Board shall limit the number of driveway entrances along the state roads to the maximum extent. This may be achieved by any of the following, either singly or in combination:

(a) Shared driveway access between buildings and lots.

(b) Require that access be obtained from a side street.

(c) Use of one-way entrances or exits to minimize driveway and curb cut widths.

(d) Curb cuts shall be the minimum width feasible and should not exceed 24 feet for two-way access, except where the fire district or relevant state agency allows a smaller entrance. Control over vehicular access should be achieved through curbing.

I. Pedestrian and vehicular circulation.

(1) All parking spaces shall be set back at least 40 feet from the front lot line and screened from the view of the street. In no event shall parking be located in front of the building line. Parking areas shall be attractively screened from the view of the public street through a combination of fences, walls, and landscaping. Where the Planning Board determines this standard cannot be met, the other standards such as screening and landscaping still apply.

(2) Shared parking, on-street parking, and the use of public parking lots are encouraged. Appropriate legal controls shall be required to ensure that shared parking is available during the existence of the use or building.

(3) Where feasible, a shared secondary road or alley connecting the rear of parcels is allowed.

(4) Curb cuts shall be limited to one per parcel unless waived. Shared access is preferred.

(5) To facilitate pedestrian movement, sidewalks shall be provided along streets and within the site and shall connect to adjacent parcels as deemed appropriate by the Planning Board.

(6) Garage doors and vehicle bays shall not face the street on which the building fronts, unless at the Town's discretion, garages are recessed behind the building line. Door color shall be coordinated with the building, and the Planning Board may require architectural grade doors.

J. Streetscape, landscape and lighting standards.

(1) Streetscape elements include on-street parking, curbs, street trees, sidewalks, streetlights, public transit shelters and other amenities.

(2) Planters, trees, shrubs, and/or other landscaping shall be provided to enhance the appearance of the streetscape. Ornamental fencing three feet in height may be provided to separate privately owned space from public space. For commercial uses, display areas, and outdoor dining and seating areas may be provided.

(3) Existing large or significant trees and other natural features shall be preserved and incorporated into the proposed site design to the maximum extent practicable.

(4) Any area of a lot not used for buildings, structures, off-street parking and loading, driveways, walkways or similar purposes shall be landscaped with native perennials and noninvasive annuals, shrubs, trees and other ground cover in such manner as to minimize erosion and stormwater runoff and to maintain or improve the aesthetics of such development.

(5) Lighting accessory to a building shall be of style consistent with the architectural design of the building. Shoebox fixtures are not permitted. All outdoor lights shall be designed, located, installed, and directed in such manner as to prevent light at and across the property lines, except that light spillage is permitted where it provides safety lighting to adjoining public sidewalks. Kelvin values for LED lighting shall not exceed 2700 Kelvin, and all lighting shall be cast downward and shielded as necessary.

(6) LED strip lights which outline a window, building or other structure and which bulbs are visible from any public street or public right-of-way are not permitted.

K. View corridor standards.

(1) Within D-O Zones adjacent to lakes, including Lake Gleneida and Lake Mahopac, view corridors exist which afford views of the lakes and open spaces surrounding the lakes from the street rights-of-way and publicly accessible areas. Where a view corridor exists on a lot proposed to be developed or redeveloped, views to the lake shall be preserved.

(2) The construction of multiple smaller buildings instead of a single large building may be required to preserve view corridors.

(3) Building heights may be restricted to preserve views corridors.

(4) Buildings shall be designed so that the long side of a proposed building or structure is perpendicular to the waterfront. Long buildings that are horizontal to the lake edge are not allowed unless approved by the Planning Board. Parking and other open areas be located on the side of the building to allow for open views to the lakes.

(5) Buildings may be shifted to have one larger side setback, rather than two smaller side setbacks, to protect a view corridor.

L. Rooftop decks. Rooftop patios are permitted. Upper-level balconies shall be allowed where open to the general public, e.g., a restaurant, and it promotes outdoor spaces and lake views. A small cabana or building to serve patrons on the rooftop is allowed, provided the total floor area does not exceed 25% of the rooftop area, the maximum height shall be 10 feet, and it shall be situated so as not to block views. Rails or other safety devices shall be provided to protect occupants, and such devices shall be reviewed and approved by the Planning Board and Building Inspector.

§ 156-32 Conservation District; area of special flood hazard (100-year floodplain).

The Conservation District boundaries shown on the Zoning Map is intended to also include the special flood hazard areas delineated by the Federal Emergency Management Agency and as shown on Flood Insurance Rate Maps for the National Flood Insurance Program, which have an effective date of March 4, 2013, and which may be amended from time to time. The Conservation District also incorporates public lands in the ownership of the Town of Carmel, Putnam County, New York State, and the New York City Department of Environmental Protection, which lands are held in open space, for recreation, or for water supply and water supply protection purposes. Within the Conservation District, the following applies:

A. No principal building or use shall be permitted by right. A special use permit shall be obtained, where a use and/or building is allowed as per the Schedule of District Regulations.

B. Approval of any building, structure or use shall be allowed by special use permit after the applicant has received approval from the NYCDEP or other state or local agencies having jurisdiction over this matter. The construction of a single-family dwelling shall be in accordance with the district regulations applicable to the C Zoning District.

C. All buildings and structures located in an area of special flood hazard shall adhere to the requirements of Chapter 86, Flood Damage Prevention, of the Code of the Town of Carmel.

D. In the absence of detailed maps delineating the flood hazard area by elevation, an applicant shall apply to the Department of Environmental Conservation, FEMA or other state or local agency having jurisdiction over the delineation of the location of the area of special flood hazard boundary.

§ 156-33 Planned mixed use development overlay.

A. The Planned Mixed Use Development Overlay shall be that overlay zone which permits PMUD developments subject to Planning Board review and approval. Refer to the zoning map for the locations of the PMUD Overlay.

B. A PMUD shall be regulated in accordance with § 156-49, Planned mixed use development (PMUD).

§ 156-34 (Reserved)