Article VI Design and Environmental Standards

Unless otherwise permitted by this section, no person shall hereafter install, structurally alter, enlarge, or relocate a sign without a sign permit. No sign permit shall be issued except as shown on an approved site development plan or sign plan. The Planning Board may approve any sign shown on a site plan in accordance with this section and the procedures set forth in Article X of this zoning chapter. All signs requiring a sign permit and not reviewed by the Planning Board as part of a site plan or special use permit application shall be reviewed and approved by the Building Inspector. A sign permit shall be issued only following submission, review and approval of a sign application and sign plan in accordance with the requirements set forth below, and payment of the required fee in accordance with the fee schedule established by the Carmel Town Board.

A sign permit shall not be issued for a sign if any other sign on the same premises and in the same ownership has been determined to be in violation of this section.

A sign permit shall not be required for the repainting or refurbishing of an existing sign when using similar colors, letters and signs. The determination of similarity shall be made by the Building Inspector.

Sign permit application. A sign permit application shall be submitted to the Building Inspector and shall include the following:

A scale drawing of the sign which shows the dimensions, content, colors, and proposed location of the sign.

A drawing with appropriate notes, describing the construction of the sign and the method of attachment to a building or the ground.

A description or sample of the materials of which the proposed sign will be made.

A description of the proposed method of sign illumination, if any.

Any other information deemed necessary by the Building Inspector to determine whether the sign is consistent with the regulations set forth herein.

Criteria. If such sign or signs do not clearly and convincingly conform to the criteria of this section, Subsection D(1) through (8), the Building Inspector shall deny the application and the applicant may pursue its remedies provided in this zoning chapter. Where design standards for signs are set forth for individual special uses, the design standards for said use, if in existence, shall prevail.

Accessory use. Signs must be clearly accessory to the uses on the lot on which they are located and are not permitted to be principal uses on a lot separate from the use they identify.

Proportion and scale. The size and content of the sign shall be the minimum essential for legibility and for the provision of information. The scale of signs should be appropriate for the building on which they are placed and the area in which they are located. The size and shape of a sign should be proportional to the scale of the structure. For example, small storefronts should have smaller signs than larger storefronts.

Quality. Signs shall be durable and weather resistant.

Coordination with other signs. Signs located on a multi-tenant building shall be coordinated in design to avoid sign clutter. For buildings with multiple storefronts, signs located on individual businesses' storefronts should relate to each other in terms of locations, height, proportion, color, material and illumination. Maintaining continuity reinforces the building's facade composition while still retaining each business's identity.

Colors. Colors shall not be garish. Contrast is an important influence on the legibility of signs. A substantial contrast should be provided between the color and material of the background and the letters or symbols to make the sign easier to read in both day and night. Light letters on a dark background or dark letters on a light background are most legible. Light letters on a dark background work best for both day and nighttime use. Neon and day-glo colors are not permitted.

Coordination with building. Sign materials and colors should complement the materials and colors of the building on which the sign is situated or associated.

Architectural elements and details, including historic building details. Many buildings in Carmel, particularly the hamlets, exhibit architectural elements and details. Signs should not cover or otherwise interfere with design elements that contribute to the building's character. Signs shall not cover architectural elements such as transom windows or vertical piers. Signs shall fit into the building facade just as if they were one of the architectural elements. The building or storefront should be reviewed for its architectural elements that suggest a location, size, or shape for the sign. These could include the lintel band above transom windows, an entranceway that needs signage to provide directions, or display windows.

Typeface. A multiplicity of different typefaces on an individual sign is discouraged. The number of lettering styles that are used on a sign should be limited to improve legibility. As a general rule, limit the number of different letter types on signs to no more than two for small signs and three for larger signs. Intricate typefaces and symbols that are difficult to read reduce the sign's ability to communicate and effectiveness.

Permitted signs not requiring a sign permit. The following signs are allowed and may be erected and maintained without a permit, provided they comply with the regulations of this subsection.

Governmental signs.

Temporary signs in all districts, not to exceed eight square feet in area:

On-premise garage sale signs, provided the sign is erected on the property on which the sale is conducted and for a period not to exceed seven days. All signs must be removed immediately after the garage sale is over.

Non-illuminated temporary "For Sale" or "For Rent' residential or commercial real estate sign concerning the premises upon which the sign is located. All such signs shall be removed within seven calendar days after the sale, lease, or rental of the premises and must adhere to the maintenance requirements set forth in this section.

Temporary, seasonal displays generally recognized or associated with national, state or religious holidays, except when displayed in connection with commercial promotion. Such displays include the outlining of a perimeter of a building or display window with lights, as long as the display lasts no longer than 60 days.

Political campaign signs pertaining to candidates for public office, political parties, public referenda, school board elections or other public issues. The Town of Carmel encourages that said signs be displayed no earlier than 15 days prior to the relevant election or referendum and that they be removed no later than five days after such election or referendum. On years when there are both a primary and a general election, the signs must be removed in the time between the primary and general election unless the time period allowed by code allows the signs to remain. The Town encourages the candidate or his/her representative to designate a contact name of the person(s) responsible for erecting and removing the sign(s) and supply same to the Building Department.

Public notices. Notices posted by public officers or employees in the performance of their duties.

Temporary banners, pennants, and related signs will be allowed in conjunction with an open house or model home demonstration not to exceed a total of 15 days.

Temporary banners or flags (concerning the premises upon which the banner or flag is located) promoting grand openings, seasonal messages when displayed in connection with commercial promotion, or special events hung on buildings or extended across sidewalks and/or streets (only approved by the Town Board), or on the lot or building, subject to issuance of a temporary permit by the Building Inspector, and subject to the following:

[1]

No temporary banner or flag as defined above shall be erected, maintained, or displayed on a lot other than upon the premises which is being promoted by such devices.

[2]

No property shall be permitted to use such outside promotional devices more than six times per year.

[3]

The use of such devices shall be limited to no more than five consecutive days which shall be within the first seven and the last seven days of the calendar month.

[4]

Said promotional devices shall be set up no earlier than 6:00 a.m. on the first day of the temporary permit and shall be removed no later than 6:00 p.m. on the last day of the temporary permit.

[5]

The temporary permit shall be accompanied by a fee in accordance with the Town of Carmel fee schedule.

[6]

Issuance of a temporary permit is conditioned upon collection of a security deposit as set forth in the Town of Carmel fee schedule in the form of cash to ensure the removal of the promotional devices at the expiration of the temporary permit. Upon the proper removal of all promotional devices by the permit holder, the Town shall refund said security deposit. In the event the permit holder fails to remove the promotional devices at the expiration of the temporary permit for such devices, then the Building Inspector is authorized to remove the promotional devices and to charge the cost of said removal plus an administrative fee against the security deposit.

Prohibited signs. Prohibited signs are signs that are not permitted in the Town of Carmel. Prohibited signs are as follows:

Signs that revolve or otherwise move or which utilize flashing or blinking lights or multiple illuminating units which operate alternately.

Signs which emit noise, sounds or smoke, including audio signs.

Signs of a prurient or sexual nature or advertising businesses, commodities, or services of a prurient nature, which are offensive to the community.

Signs made of cardboard, paper or similar impermanent material, except temporary signs displayed within a window area of a commercial use which shall not cover more than 25% of any window area or placed so as to obstruct the view inside the building.

No sign shall be placed, painted or drawn on utility poles, bridges or on other road, utility structures or signposts; or on trees, rocks or other natural features. No signs shall be placed on Town property without the permission of the Town Board.

No sign shall be erected, maintained or displayed which shall create a public hazard to health or safety by reason of the manner of its construction or placement or the nature of the materials used therein.

No sign which is leased or rented for economic gain, including a sign commonly known as a billboard, shall be erected, maintained, or displayed, including those which advertise or promote any business, profession, interest or product on a lot other than upon the premises whereon such sign is situated. The Town of Carmel does not control or regulate billboards situated within any state highway right-of-way, provided a copy of the state approval is filed in the Building Inspector's office.

Any sign that obstructs a sign displayed by a public authority for the purpose of traffic safety, instruction, direction or other information.

Any sign that obstructs any window, door, fire escape, stairway, ladder or opening intended to provide light, air, ingress or egress for any building.

Signs that cause direct glare into or upon a dwelling or other structure where persons live, are employed or conduct other activity where such glare would constitute a sustained nuisance.

All unshielded and bare incandescent light sources or any LED string lights where the bulb or diode is visible from any public space or right-of-way unless placed in a window in conformity with the regulations herein.

Standards for signs accessory to nonresidential uses.

Number and type of permanent signs. Schedule A regulates the number, size and types of signs allowed on properties within each zoning district in the Town of Carmel. A "P" indicates that the type of sign is permitted in the applicable zoning district. A "NP" indicates that the sign type is not permitted in the applicable zoning district.

Schedule A Permitted Type and Number by Zoning District
Zoning District	C, LDR, MDR, SMR, HR, MHP	NB, GC, CB, TC, MHC, PRD	BP, ED
Permitted Number of Permanent signs per lot	2	2	2
Sign Type
WALL SIGN - A facade sign attached parallel to a wall and not projecting more than 6 inches from same, painted on the wall surface of, or erected and confined within the limits of an outside wall of any building or structure, which is supported by such wall and building, and which displays only one sign face	P	P*	P
PROJECTING SIGN - Any sign other than a wall sign affixed to any building, structure or wall that is wholly or partly dependent upon such building, structure or wall for support whose leading edge extends beyond such building, structure or wall more than 6 inches or is constructed perpendicular to said building, structure or wall.	NP	P	NP
ICONIC SIGN - A facade sign projecting perpendicular from the wall of a building that is a pictorial symbol conveying the nature of a business, e.g., a barber pole, eyeglasses, boots, mortar and pestle. They are normally constructed in heavy relief or are three dimensional.	NP	P	NP
FREESTANDING SIGN - A sign supported by structures or supports that are placed on, or anchored in, the ground independent of any building and which may display up to two faces. A freestanding sign may be installed on one post, two posts on either side of the sign, or may be installed directly on the ground, i.e., a monument sign.	P	P*	P
FREESTANDING DIRECTORY SIGN - A type of freestanding sign that includes panels listing tenants in a multi-tenant building.	NP	P*	NP
WINDOW SIGN - A sign visible from a sidewalk, street or other public place, painted or affixed on glass or other window material, but not including graphics in connection with customary window display of products	NP	P*	NP
AWNING SIGN - A retractable or fixed shade-producing or weather-protection device made of flexible material, which is attached to a building or extends over a window or door identifying or advertising the business on premise.	NP	P*	NP

Notes:
*	For any lot with multiple uses and buildings, or for a multi-tenant building, one freestanding sign or freestanding directory sign is permitted for the lot, and two signs (other than a freestanding or freestanding directory sign) shall be permitted for each tenant or use.

Design standards applicable to all signs.

Illumination.

Sign lighting shall be designed and arranged to minimize glare and reflection on adjacent properties. Lighting shall be cast downward.

Externally illuminated signs that project light onto the sign shall be permitted. The light source shall be shielded from direct view.

Lighting shall be extinguished during times when the business is not in operation. Lights may be required to be placed on timers to ensure this requirement is met.

Internally illuminated box lit signs existing on the effective date of the enactment of the local law amending this section may be continued, but any new box sign shall be prohibited.

In the BP and ED zone only, buildings with light industrial and office uses are permitted back-lit signs with opaque, reverse channel letters or back-lit signs with dimensional Plexiglas letters. Where said use is situated adjacent to a residential use, timers shall be installed to control the hours of operation.

Materials.

Paper and injection molded plastic signs are not permitted.

Raised surface-mounted letters of wood, steel, brass, stainless steel, bronze or PVC resin is preferred; sheet metal, finished plywood is permitted.

Flat framed wooden signboards or synthetic resin boards with carved raised or recessed lettering or professionally printed letters are permitted.

Signs with gold-leaf lettering are encouraged.

Wall sign design standards.

Except in the BP and ED district, one wall sign per building or tenant is allowed on the facade facing a public street. The sign shall not conceal any part of a window and shall not extend above the roofline.

Except in the BP and ED district, the maximum length of a wall sign shall not exceed 70% of the length of the building facade fronting to the street or tenant's front facade, whichever is less. The maximum height shall not exceed two feet.

In the BP and ED district, one wall sign per building is allowed on the facade facing the public street. The maximum length of a wall sign shall not exceed 70% of the length of the building facade fronting to the street, except that no wall sign shall exceed 20 feet in length, nor shall the sign area exceed 10% of the total wall area of the building space to which the sign is attached.

Projecting sign and iconic sign design standards.

One projecting or iconic sign per building or tenant is allowed on the facade facing a public street. No projecting sign shall overhang the public way beyond a line four feet from the building face, and its bottom shall not be mounted above the level of the second story windowsill. The sign shall maintain a minimum clearance of eight feet from the ground.

The maximum length shall not exceed four feet.

The maximum sign area shall not exceed 12 square feet.

Projecting signs shall be securely installed. Where a projecting sign projects into the public right-of-way, approval may be conditioned upon the applicant holding appropriate liability coverage to hold the Town of Carmel. All parking harmless for any action associated with the sign.

Freestanding sign and loading spaces freestanding directory sign design standards.

One freestanding sign or one freestanding directory sign is allowed per principal building.

A freestanding sign is permitted in the front yard setback but shall not overhang a property line, driveway or walkway. The Building Inspector or Planning Board may consult with the Highway Superintendent or Town Engineer regarding the placement of the sign to ensure adequate sight distance is maintained. No sign may interfere with required sight distances.

The maximum height of the sign shall not exceed 10 feet from ground level to the top of the sign. The maximum length shall not exceed five feet.

The maximum sign area shall not exceed 25 square feet per side.

For a freestanding directory sign, each panel shall be marked in accordance with the same dimension, no less than eight inches, nor more than one foot in height. The colors used for background and lettering shall be the same on each panel, and no more than three colors may be used. One panel may be larger than the remainder, but in no case shall the total of all panels exceed the maximum sign area.

The posts to which a freestanding sign is mounted shall be stone or other masonry, metal, aluminum, wood, or resin with a minimum diameter of four inches. Treated wood posts shall not be used unless painted, stained, or finished with clear polyurethane. Metal, including aluminum, posts shall only be permitted if said posts are constructed to appear like wood or other similarly natural materials, as reviewed according to the Planning Board and Building Inspector's discretion under this section. The top of the posts shall be decorative, either through an appropriate wood cut or use of finials.

Signs shall be installed in a landscaped bed or box unless the Building Inspector determines that installation of the landscaped would interfere with traffic maneuvering or sight distance.

Window sign design standards.

One window sign is permitted per building or per tenant.

In addition to a window sign, up to two neon or LED signs may be permitted in the HMC and NB districts only. The total sign area of the two neon/LED signs shall not exceed 5% of the glazing area or five square feet, whichever is smaller, and no individual neon/LED sign shall exceed four square feet. Neon signs shall not outline the shape or form of any window to which it is attached.

All signs within a window — permanent, neon, LED, and/or temporary - shall not exceed 25% of the total area of the window in which the signs are located.

Awning sign design standards.

An awning sign may be located above an entrance or window. The minimum height of the awning must be seven feet above the adjacent walking surface. The height of the skirt on the extension shall not exceed eight inches. An awning sign may be permitted in addition to a wall or projecting sign provided it does not exceed four square feet.

Awnings shall be constructed of a material which shall be rot, weather, and abrasion resistant.

Awnings with a single, solid color are permitted. Awning colors shall complement the colors of the building. Colors that call more attention to the awning than the building are inappropriate. Preferred colors include forest green, maroon, dark blue or black.

Where awnings have been installed previously on a building, the Building Inspector may require that the same shape or color of awning be installed.

Awnings should be designed to project over individual window and door openings (i.e., mounted in the reveals of openings). Awnings that are a continuous feature, extending over several windows, doors, masonry piers, or arches, are not permitted.

Where an awning projects into the public right-of-way, approval may be conditioned upon the applicant holding appropriate liability coverage and holding the Town of Carmel harmless.

Miscellaneous sign requirements.

Wall murals. A wall mural may be permitted at the discretion of the Town Board and is not subject to the maximum sign requirements set forth in Schedule A.

Banners in public rights-of-way. Banners, flags, and other temporary signs advertising seasonal events, e.g., a farmer market, are subject to approval of the Town Board.

Temporary signs. Unless exempt under Subsection E, signs to be erected for short duration require sign permits which indicate the dates during which the signs may be displayed.

Such signage shall not consist of a sign prohibited by Subsection F.

Such signage shall not exceed 16 square feet in total area.

Such signage shall not be displayed by an activity or business for more than 60 days total in any one calendar year on any one property. A new permit may be issued after expiration of a prior permit with Town Board approval, which will include new dates during which the sign may be displayed.

Portable signs may be allowed with a permit but are not to exceed placement for longer than 60 days total per year.

No lighting of temporary signs is permitted.

No more than one temporary sign permit may be granted to or be in effect for an applicant at any one time.

Permits for temporary signs pursuant to a site plan will be reviewed and approved by the Planning Board to provide for the orderly and consistent review; however, permits for temporary signs, outside of a site development plan, will be approved and issued by the Town Board, provided that the guidelines and requirements of this section are followed.

Any sign not removed in the time provided for above is a violation of this chapter. Each day such violation continues is deemed a separate and distinct violation.

Maintenance and repair required. All signs must be maintained in a safe loading, parking and storage of motor vehicles, presentable, and structurally sound condition at all times. This includes keeping the sign clean, neatly painted, and free from all hazards, such as, but not limited to, faulty wiring or loose fastenings, and must be always maintained in such safe condition so as not to be detrimental to the public health or safety. In the event of violation of any of the foregoing provisions, the Building Inspector shall require its removal in accordance with Subsection P below.

Enforcement; removal and disposal of signs.

The Building Inspector of the Town of Carmel is hereby designated as the officer for the enforcement of the provisions of this section and is authorized to bring such criminal or civil proceedings at law in the Town Justice Court or otherwise on behalf of the Town of Carmel as may be necessary to compel compliance, or to pursue any other remedies available under this chapter or the laws of the State of New York.

Removal and disposal of signs. In addition to and not in lieu of other remedies and penalties for Zoning chapter violations, unlawful, dangerous, or ill-maintained signs may be removed by the Town pursuant to the provisions below.

The Building Inspector shall cause to be removed any sign that endangers the public safety. If the Building Inspector shall find that any sign regulated by this section is unsafe or not properly secured, or is a menace to the public, written notice shall be given to the named owner of the sign and the named owner of the land upon which the sign is erected, who shall remove or repair said sign within 10 days from the date of said notice. If the sign is not removed or repaired, the Building Inspector shall revoke the permit issued for such sign, as herein provided, and may, subject to procedures that must comply with due process, remove or repair said sign and shall assess all costs and expenses incurred in said removal or repair against the land or building on which such sign was located. The Building Inspector may cause any sign which is a source of immediate peril to persons or property to be removed summarily and without notice.

Any sign existing on or after the effective date of this section which is no longer accessory to an existing activity on the premises shall be removed within 60 days after the use has ceased operation or upon written notice of the Building Inspector as set forth in Subsection P(2)(a) above. The Building Inspector, upon determining that any such sign exists, shall notify the owner of the premises in writing to remove said sign within 30 days from the date of such notice. Upon failure to comply with such notice within the prescribed time period, the Building Inspector is hereby authorized, subject to procedures that must comply with due process, to remove or cause removal of such sign, and shall assess all costs and expenses incurred in said removal against the land or building on which such sign is located.

Civil penalties. Civil penalties for any violation of this section may be pursued pursuant to this zoning chapter.

Injunctive relief. An action or proceeding in equity may be instituted in the name of the Town, in a court of competent jurisdiction, to prevent, restrain, enjoin, correct, or abate any violation of, or to enforce, any provision of this article or any term or condition of any building permit, certificate of occupancy, temporary certificate, stop-work order, operating permit, order to remedy, or other notice or order issued by the Building Inspector pursuant to any provision of this article, pursuant to this zoning chapter. In particular, but not by way of limitation, where the construction or use of a sign or sign structure is in violation of any provision of this article, or any stop-work order, order to remedy or other order obtained under the Code or this chapter, an action or proceeding may be commenced in the name of the Town, in the Supreme Court or in any other court having jurisdiction, to obtain an order compelling the removal of the sign or sign structure or an abatement of the violations of such provisions. No action or proceeding described in this subsection shall be commenced without authorization by the Town Board.

Nonconforming signs. It is the express intent of this section to supersede General Municipal Law § 74-C pursuant to § 10(d)(3) of the Municipal Home Rule Law. Permanent signs that do not conform to this chapter and that were legally in existence prior to the effective date of this chapter or any amendment thereof that makes the sign noncompliant shall be permitted to continue as set forth below:

§ 156-43 Off-street parking and loading.

Any nonconforming sign, lawfully existing on the effective date of this section, may continue indefinitely, except if such nonconforming sign is discontinued, removed, not maintained or structurally altered for any reason, or is deemed by the Building Inspector to be irreparably dangerous or defective, such exemption period shall terminate and shall result in the immediate removal of the nonconforming sign.

Off-street parking requirements. Off-street parking spaces, open or enclosed, are permitted accessory to any principal use, subject to the following provisions:

Schedule of parking requirements. Accessory off-street parking spaces, open or enclosed, shall be provided for uses as specified herein. Any land developed as an integrated project under common ownership and control shall be considered a single lot for the purpose of these parking regulations. Documentary proof of parking cross-easements is required. Reasonable and appropriate off-street parking requirements for structures and uses which do not fall within the categories listed in this section shall be determined by the Planning Board upon consideration of all factors related to the parking needs of each such use.

Areas computed as parking spaces. A private garage, carport, or other area available for parking, other than a street or driveway, may be computed as an open or enclosed off-street parking space. A driveway within a required front yard for a single-family detached, single-family attached, or single-family semi-attached, or two-family dwelling may count as one parking space, provided a minimum driveway length of 25 feet is available for said space. No parking space shall be located on that portion of a corner lot within the sight triangle.

Size of spaces. The minimum parking stall width for a perpendicular parking space shall be 10 feet and the minimum length shall be 20 feet, except that the length may be reduced to 18 feet where a bumper or wheel stop is provided. No parking space shall result in a vehicle overhanging a sidewalk or walkway. Entrance and exit lanes shall not be computed as parking spaces except for driveways for residences as set forth in Subsection A(2) herein. In the event an existing commercial property within the HMC zoning district cannot conform to these standards because of lot size, configuration and/or topography, owners of such properties may apply to the Building Inspector for the waiver of requirements of this Subsection A(3) and Subsection A(1), provided that such waiver does not jeopardize public health, safety, and general welfare, and provided that such waiver does not violate Building Code, Fire Code, or any other building or safety regulation that may apply. The Building Inspector may confer with the Town Engineer and/or Highway Superintendent in determining whether to grant such waiver.

Access.

Unobstructed access to and from a street with an internal on-site turnaround area shall be provided. Such access shall comply with the requirements set forth in this section.

No entrance or exit for any off-street parking area shall be located within 75 feet of any street intersection unless waived by the Planning Board. The Planning Board may waive this requirement as part of site plan or subdivision review and approval, if it is demonstrated to the satisfaction of the Planning Board that vehicles can safely exit a parking space due to low volumes of traffic on the road to which the driveway shall obtain primary access.

No off-street loading or off-street parking area or part thereof for three or more vehicles shall be closer than 10 feet to the property line on which it is located where it adjoins a dwelling, school, hospital or other institution for human care.

Any driveway accessing a parking or loading area located contiguous to a street shall be provided only through driveway openings through the curb installed along the street line and located and constructed in accordance with specifications prescribed by the Town, county or state, whichever has jurisdiction.

No access drive or driveway in any residential district shall be used to provide access to uses other than those permitted in such residential district.

Drainage and surfacing. All parking areas, loading areas and driveways shall be properly drained and paved, except that parking spaces or driveways accessory to single-family dwellings served by individual driveways may be constructed of properly compacted gravel or crushed stone where any portion of said area does not exceed 5% slope. The Planning Board may require alternative dustless surfaces for other uses based on the characteristics of the use and the character of anticipated parking usage, e.g., regular versus overflow parking.

Joint facilities. Off-street parking and loading facilities for separate uses may be provided jointly for more than one use, provided that the total number of spaces so provided is not less than the sum of the separate requirements for each use, and provided that all regulations governing the location of accessory spaces in relation to the uses served are adhered to. No accessory space or portion thereof shall serve as a required space for more than one use.

Shared spaces. The Planning Board, during site plan review, may approve the elimination of a portion of the required parking and allow for the shared use of parking spaces, provided that the Planning Board finds that the number of spaces to be provided will substantially meet the intent of this section by reason of variation in the probable time of maximum use by patrons and/or employees of the separate uses and provided the total number of spaces that would be required is reduced by no more than 30%. In such an event, hours of operation may be imposed by the Planning Board as a condition of site plan approval and may be so noted by map note and by reference to Planning Board resolution on the certificate of occupancy issued with respect to the premises. The Planning Board may require that an unimproved reserve area be set aside to meet the full requirement for parking as per Subsection C below. In no event shall the deferment of parking and reduction resulting from shared spaces total 30% of the total required parking for the use.

§ 156-45 Landscaping and buffers; lighting requirements; art fixtures.

Location and ownership. Required accessory parking spaces, open or enclosed, shall be provided upon the same lot as the use to which they are accessory, unless considered a joint facility under Subsection A(6), provided that all spaces therein are located within 250 feet of the nearest lot line of the lot that the parking serves. In all cases, parking spaces shall conform to all the regulations of the district in which they are located and in no event shall such parking spaces be located in any residential district unless the use to which the spaces are accessory is permitted in such residence district. Such spaces shall be in the same ownership as the use(s) to which they are accessory and shall be subject to an easement or deed restriction, approved by the Planning Board, and binding upon the owner and his heirs and assigns who shall maintain the required number of spaces so long as the use to which they are accessory exist, or until such spaces are provided elsewhere in conformity with the provisions of this section.

Parking on lots divided by district boundaries. Where a parking lot is located partly in one district and partly in another district, the regulations for the district requiring a greater number of parking spaces shall apply to the entire lot. Parking spaces on such lots may be located without regard to district lines, provided that no such parking spaces shall not be located in any residence district unless the use to which they are accessory is permitted in such district.

Postponement of full improvement of off-street parking. The Planning Board may allow an applicant to postpone the construction of parking facilities where the Board determines that there is some uncertainty as to the parking demand for a particular use, or that the immediate provisions of parking would require the significant alteration of natural topography or disturbance to wooded sites. Where the Planning Board determines that the immediate use of any property may not require the full initial improvement of all off-street parking or loading facilities, it may waive the initial improvement of not more than 30% of the required number of spaces. The unimproved area shall be shown on the approved plan to be reserved for future parking facilities. The Planning Board may require that the reserve area be graded for parking in accordance with the approved plan. All reserved parking areas, if graded, shall be landscaped in accordance with an approved landscaping plan. Reserved spaces shall be improved within six months of the date of a written notice from the Code Enforcement Officer that such spaces have been determined to be necessary. Appropriate written guarantees of the above shall be provided by the applicant and approved by the Town Attorney. The Planning Board shall require that a performance guarantee or other surety be posted to ensure the completion of any reserve parking. Such guarantee shall not be released prior to full occupancy of the proposed use, or sooner than one year after full occupancy, as shall be determined by the Code Enforcement Officer. The surety shall be reviewed annually to ensure that the surety amount remains current, accounting for any changes in inflation and costs, and the Planning Board may require that the amount be increased. In no event shall the surety be less than 150% of the cost of the improvements.

Cross access. The Planning Board, as part of site plan approval, may require that shared access among various uses and properties be provided where said access would improve traffic safety and limit the number of curbs cuts and access points onto a road, especially where said access points cross sidewalks or trails.

Loading. A loading space shall be at least 12 feet wide and 35 feet long exclusive of circulation aisles and shall have headroom of 14 feet if enclosed.

Screening. Off-street parking areas for three or more vehicles and off-street loading areas adjoining residences or residential districts shall be screened as approved by the Planning Board. The screening shall be on the side or sides which adjoin or face premises in any residential district, residentially improved lot or institutional premises, such as schools, hospitals, nursing homes, etc.

Accessible parking spaces shall be provided as required by the New York State Building Code.

All off-street parking areas shall be designed to ensure maximum safety for both vehicular and pedestrian traffic and shall include all necessary traffic flow control devices, including raised islands, bumpers, etc., to establish a safe and orderly traffic flow.

Off-street parking spaces.

Schedule of Required Off-Street Parking Spaces
Land Use	Minimum Off-Street Parking Spaces Required
Dwelling, Single Family	2 spaces per Dwelling Unit
Multi-Family Dwellings	See § 156-36.21
Multi-Family Dwellings, Senior Citizen	See § 156-36.27
Dwellings in the Hamlet Mixed Use Centers	See § 156-36.13
Apartments above ground floor uses	1 space per efficiency and one bedroom unit; 1.5 spaces per 2-bedroom unit; 2 spaces per 3 and more bedrooms; plus 1 space per 3 dwellings for visitors
Agricultural Operations	To Be Determined by the Planning Board
Automobile service station	1 space per 100 sf gfa of convenience area, plus one per employee on largest shift
Automotive repair facility
Auto sales and showrooms	1 space per employee, plus 1 per 500 sf gfa
Banks and financial institutions	1 space per 300 sf gfa
Bars, taverns	1 space per 50 sf gfa
Contractor establishment; wholesale storage and distribution, including lumberyards; landscape materials, retail and wholesale	1 space per 500 sf gfa
Custom workshop or studio	1 space per 300 sf gfa
Data Center	1 space per 10,000 sf gfa
Day camp	1 space per employee on largest shift plus 1 space per 3 persons enrolled
Day care; day nursery	See § 156-36.10
Day spa	1 space per 200 sf gfa
Places of worship, movie theater, auditoriums, stadiums or similar places of assembly; cultural and performing arts center	1 for each 3 seats or, where capacity is not determined by the number of fixed seats, 1 per 40 square feet of floor area devoted to patron use
Farm market; health food store and market; grocery store	1 space per 300 sf gfa
Fuel storage	1 space per employee on largest shift
Fraternal, social, civic or other semipublic club buildings.	1 space per 200 sf gfa
Funeral establishment	1 space per 250 sf gfa
Horse boarding operation	1 space per employee on largest shift, plus one space per 5 horses boarded
Hospitals	1 space per bed
Hotel, boutique hotel, resort	1 space per guest room plus 1/2 the spaces required for accessory uses such as restaurants
Indoor pistol range	1 space per employee, plus 1 space per stall/booth
Marina	1 space per every 2 boats, slips or mooring or combination thereof
Municipal or other governmental uses	1 space per 250 sf gfa
Museum	1 space per 600 sf gfa
Nursing homes	1 space for each 3 beds
Personal service; dry-cleaning	1 space per 300 sf gfa
Retail, florist and gift shop; hardware store	1 space for each 250 square feet of gross floor area
Riding academy	1 space per employee, plus 1 space per 3 students enrolled
Designed shopping centers	1 space per 200 sf gfa
Home occupation	As required for the dwelling
Nightclub	1 space per 50 sf gfa
Wholesale, warehouse, storage, heavy commercial establishments	1 space per 1,000 sf gfa
Light industry; distribution and light assembly of medical equipment and supplies; pharmaceutical and health sciences; research laboratories; data processing and computer centers; fuel storage; metal working and machine shops	1 space per 400 sf gfa
Office, medical	1 space per 200 sf gfa
Office, professional and business	1 space for each 300 square feet of gross floor area
Trade or vocational school	1 space per 3 seats, plus 1 space per employee on largest shift
Golf and country clubs	10 spaces per golf hole
Tennis clubs	2 spaces for each court
Swim clubs	1 space for each 3 memberships
Recreation Center
Baseball batting facility	1 space per station plus 1 per employee
Fields, baseball, football, soccer, etc.	10 spaces per each acre of lot area
Golf driving range	1 space per tee plus 1 per employee
Indoor wall or rock-climbing facility	1 space per 250 sf gfa
Meeting room	1 space per 150 sf gfa
Miniature golf and putting course	1 space per hole/station plus 1 per employee
Pool	1 space per 50 square feet of water surface area plus 1 per employee
Skating rink	1 space per 100 square feet of rink area plus 1 per employee
Squash, handball, racquetball and similar courts	0.5 space per court
Tennis courts	2 spaces per court
Restaurant, sit-down	1 space per 3 seats
Restaurant, sit-down	1 space per 30 square feet of gross floor area in quick-food establishments
Retail uses, antique shop	1 space per 200 sf gfa
Self storage warehouse	1 space per employee, plus 1 per every 10 storage units
Public utility installations	See 156-36.23
Veterinary hospital	1 space per employee, plus 1 space per examination room
Winery, brewery, distillery; craft beverage establishment	1 space per 50 square feet of tasting, retail and customer service area, plus 1 space per employee on largest shift
All other nonresidential uses	As determined by the Planning Board using parking standards promulgated by the Institute of Transportation Engineers, American Planning Association, or similar industry standards

Off-street loading spaces.

Schedule of Off-Street Loading Spaces Required
Land Use	Off-Street Loading Spaces
Apartment houses	1 for each building
Schools	1 for each building
Hospitals	1 for each 50 beds
Undertakers	1 for each 5,000 square feet of floor area
Retail stores	1 for each establishment
Designed shopping centers	3 for the first 50,000 square feet plus 1 for each additional 50,000 square feet
Wholesale, storage, distributive and other industrial establishments	1 for the first 10,000 square feet of gross floor area, plus 1 additional for each additional 20,000 square feet or fraction thereof of gross floor area

The minimum width of access aisles shall conform to the following requirements:

Schedule of Parking Aisle Width
Parking Angle (degrees)	Width One-Way (feet)	Width Two-Way (feet)
0, Parallel Parking	12	24
30	14	24
45	14	24
60	18	24
90, perpendicular parking	24	24

Commercial vehicle parking accessory to dwellings. Parking by an owner/occupant of not more than one commercial vehicle is permitted accessory to a single-family detached dwelling only. The term "commercial vehicle" is defined as a vehicle bearing commercial license plates, excluding vans and pickup trucks and including all buses. Such commercial vehicle shall not exceed a gross motor vehicle weight of 15,000 pounds or have more than one rear axle or exceed 25 feet in length. Nothing contained herein shall prevent the temporary normal provision of construction and maintenance services by commercial vehicles to single family detached dwellings, e.g., landscapers, movers, delivery trucks and the like.

§ 156-44 Historic buildings.

No exterior part of any building or structure that is listed or is eligible for listing on the National or State Registers of Historic Places or listed as a Town landmark if such listing exists shall be altered or demolished until the Planning Board shall approve an application and plans for such changes to the exterior architectural features which are visible from a public street or place. The Planning Board shall rely on records available from the New York State Department of Parks, Recreation and Historic Preservation in determining which structures have been listed or are eligible for listing.

Landscaping and buffers.

General. Landscape materials shall be utilized in a positive manner in all developments for purposes of architectural enhancement, screening, privacy control, erosion control, and reduction in environmental nuisances, including noise. All areas of a lot not left in a natural state and not developed with buildings, driveways or other impervious surfaces shall be maintained continuously in a dust-free condition by installing suitable landscaping, including trees, shrubs, grass or other ground cover, or by providing a stable pervious surface, such as pervious pavers, gravel, crushed rock or similar material. Landscape treatments shall minimize soil erosion and stormwater runoff and provide necessary screening as set forth herein.

Landscaping standards. A landscape plan shall be submitted in conjunction with any site plan or special use permit application. The following standards shall be met:

Landscaping shall be appropriate to the project, and the natural vegetative cover shall be preserved to the maximum extent practicable. Natural areas shall be protected during construction. A concerted effort shall be made during the design stage to integrate natural features of the site into the proposed site plan.

A landscape plan shall be prepared by a New York State licensed and/or registered landscape architect or similarly qualified NYS-licensed qualified professional. The Planning Board, as a condition of approval, may require that the landscape consultant periodically inspect the construction and installation of landscape materials.

A landscape plan shall include plant selection suitable to the conditions of the site. Plant specimens native to the region are to be used. A minimum of 70% of native species shall be used as part of any landscaping plan unless waived by the Planning Board.

Within the area of proposed disturbance, the location of trees with a diameter of eight inches or greater measured at chest height ("dbh") shall be indicated on the plan. The tree specimen and its conditions shall be noted on the plan. Healthy trees eight inch dbh shall be preserved to the maximum extent practicable. For every healthy tree with a dbh of 8" or greater to be removed, two replacement trees with a dbh of 3" or greater shall be planted on the site. If the site cannot accommodate the new trees, the trees (or an equivalent cash payment) shall be provided to the Town of Carmel for planting at a nearby public park or facility or along a public street.

For areas near roads, plants shall be selected according to their hardiness and ability to withstand highway salt conditions or snow "throw" compaction.

In parking lots, landscape medians to receive plant materials shall have a minimum inside width of five feet, except that, where vehicle overhang is permitted, an inside width of 10 feet shall be required.

Approved mulch shall be spread within a landscaped space at a level not to exceed 1 1/2 inches below top-of-curb, and at a depth of not less than three inches. Mulch shall be placed in all planting beds to a minimum three-inch depth. Mulch may consist of clean wood chips, pine bark, peat moss, stone aggregate, or other approved material. As a general guideline, mulch shall be clean, homogeneous, attractive, and self-matting so that it does not blow in the wind.

Areas that will receive continued pedestrian movement shall be paved. Paving can be cast-in-place concrete, stamped concrete, or precast concrete unit pavers set in an approved setting bed. Bituminous concrete or asphalt walks are not acceptable.

The landscape design shall incorporate plantings that enhance the visual appearance of the property. Plantings to be selected should include those that blend well visually with the surrounding natural environment and provide year-round seasonal visual interest.

Attention to environmental objectives and energy conservation, as well as design value, should be evident in the landscape plan. Environmental applications for plantings can include, among others, air filtration, temperature modification, natural slope stabilization, provision of edible fruit bearing plants, the use of NYSDEC recommended wetland plants in wetland buffer areas, etc.

Plantings of all types shall be completed only at such times as weather and soil conditions are favorable for seed germination, plant establishment and subsequent growth. Generally, such conditions occur between April 1st and June 1st and between August 20th and October 15th. However, conditions vary for different plants and different years. Accepted horticultural practices shall be followed.

(l)

Extreme care and caution shall be exercised in grading operations around existing trees scheduled for preservation. Protective tree fencing shall be placed around the tree(s) at or beyond the dripline(s). Cuts within the dripline, or the addition of 12 inches or more of fill, can result in tree mortality and shall be avoided to the maximum extent practicable.

(m)

Tree wells are encouraged where grading necessarily comes in close proximity to trees. In areas of fill, the tree well should be concentric to the dripline, and of a diameter at least half that of the dripline. In areas of cut, the tree well should also be concentric to the dripline but should be of a diameter at least equal to that of the dripline. In cases where grade changes affect only one side of the tree, partial tree wells are acceptable.

(n)

The use of earth berms and other grading techniques is allowed, especially on flat sites or in locations where screening is warranted or necessary. The height, size and width of the berm shall be suitable for the intended plantings and shall fit with the character of the overall proposed design of the site.

(o)

The use of flowering annuals and perennials is encouraged in areas close to pedestrian movement and shall receive frequent maintenance.

(p)

A mix of plant materials, sizes, habits and textures shall be selected for each planting plan. Over-planting of any one species shall be avoided. The use of native species is encouraged. The use of exotic species shall be avoided to the maximum extent practicable.

(q)

Construction practice and planting specifications should follow ANSI Z60.1 American Standards for Nursery Stock or equivalent.

(r)

All plantings shown on an approved landscape plan shall be maintained throughout the duration of the use, and plants not so maintained shall be replaced in accordance with the specifications of the approved plan. Substitutions are subject to review by the Town and the Building Inspector may refer substitutions to the Planning Board.

(s)

Erosion and sedimentation controls shall be provided and designed in accordance with the New York State Department of Environmental Conservation Best Management Practices.

(t)

Parking lots shall be designed to include landscaped interior island and medians to minimize the heat island effect. Designs for parking lots containing 20 or more spaces shall provide 1 shade tree for every 2,500 square feet of parking area.

Screening. As a condition of approval, the Planning Board may require that a screen be established to minimize views of facilities, buildings and parking areas associated with nonresidential uses from adjoining residences and the public right-of-way. Transformers, gas meters, dumpsters and similar appurtenances shall also be screened. Plantings shall be indicated on the site plan or subdivision plat and shall meet the following standards:

Coniferous trees and shrubs shall be installed to provide year-round screening at a height and spacing appropriate to the species, and which will adequately screen views within five years of installation. In general, coniferous trees shall be installed at a planting height no less than six feet, and for shrubs planting height should be no less than four feet. The plant spacing shall be specific to the plant materials being installed.

A wall, fence (finished side out), or earthen berm may be substituted for, or required in conjunction with, planting materials, upon approval of the Planning Board. The Planning Board shall establish conditions on the location, height and design of same.

Required nonresidential buffer. Any rear or side lot line of a lot in nonresidential use or proposed for nonresidential use shall be screened year-round from adjacent lots by a buffer at least six feet in height and at a width and density which will substantially screen adjacent properties from the glare of headlights, light from structures, noise and movement of people, vehicles and equipment, but in no case less than 10 feet in width. The buffer may consist of a fence, trees, shrubs, bushes or combinations thereof. Where this provision conflicts with any other requirement for buffering in this zoning chapter, the more restrictive shall apply.

Waivers. Where existing topography or vegetation or other circumstance provides adequate landscaping or screening which warrants an exception to the strict application of standards in this section, the Planning Board may waive the landscaping or screening requirements set forth in this section.

Outdoor lighting standards.

Purpose. It is the purpose of this section to regulate the installation of outdoor lighting to minimize light pollution in the Town of Carmel by:

Providing standards for outdoor lighting;

Promoting energy efficient and sustainable lighting practices and luminaires by using fixtures with optical controls that distribute light in the most effective and efficient manner;

Minimizing adverse off-site impacts from new and existing lighting installations by using shielded or downward facing outdoor light fixtures where required and wherever feasible;

Further assuring that the light generated by outdoor fixtures does not extend beyond the property line of the property from which it emanates at levels exceeding the requirements of this section;

Permitting reasonable uses of outdoor lighting for safety, utility, security, productivity, commerce, and enjoyment;

Minimizing glare;

Avoiding impacts on nearby residential properties;

Reducing atmospheric light pollution by using shielded and downward facing lighting; and

Requiring that certain outdoor fixtures be extinguished during nighttime hours as shall be determined by the Planning Board during site plan, special use permit, and subdivision plan review.

Applicability.

Existing installations. All existing outdoor lighting on a structure which is replaced, modified, refurbished, retrofitted, and/or installed after the effective date of this local law shall be the minimum necessary, in both number of luminaires and intensity of light, to achieve the intended purpose of the lighting, and shall conform to the standards as set forth in this section.

Additions, improvements, alterations and installation of new fixtures. All outdoor lighting, including lighting and/or light fixtures as part of an addition, modification, alteration, or otherwise, installed after the effective date of this chapter, shall conform to the standards as further provided in this section.

Lighting plan. As part of any site plan, special permit, or subdivision application, the Planning Board may require submission of a lighting plan and supporting materials. The lighting plan shall include the following, unless waived by the Planning Board:

Proposed fixture locations;

Cumulative lighting levels from all existing and proposed luminaires measured in footcandles;

Details and illustrations of proposed fixtures, including photometric data, such as that furnished by manufacturers, or similar, showing the angle of cutoff of light emissions;

Glare control devices, lamps;

Mounting heights;

Additional information that the Planning Board determines is necessary, including, but not limited to, a lighting plan indicating levels of illumination in foot-candles, at ground level, and a statement of the proposed hours and days of the week when the luminaires will be on and when they will be extinguished, maintenance, the location and use of adjacent properties, and a list of nearby properties that may be affected by the proposed lighting plan.

Prior to issuance of a certificate of occupancy, the applicant shall certify in writing to the Building Inspector that all outdoor lights were installed as described on the approved lighting plan.

Lamp or fixture substitution. Should any outdoor lighting fixture or the type of light source therein be changed to a greater intensity after a plan has been approved, a change request must be submitted to the Building Inspector for approval. The Building Inspector shall review the change request to ensure compliance with this section. If the change request is not substantially different than what was approved, the Building Inspector may approve it. If the change request is substantial, the request shall be forwarded to the Planning Board for amended approval, which must be received prior to substitution.

Approved materials and methods of construction or installation/operation. The provisions of this article are not intended to prevent the use of any design, material, or methods of installation or operation not specifically prescribed by this section, provided any such alternative is approved. The Planning Board may approve an alternative provided it:

Provides at least approximate equivalence to the applicable specific requirement of this section; and

Is otherwise satisfactory and complies with the purpose of this section.

General standards. All outdoor lights and externally illuminated signs shall be designed, located, installed, and directed in such manner as to prevent light trespass at and across the property lines, and to prevent direct glare at any location off the property, and to be shielded to the extent possible to confine the light within the property. The Town may require that minimum lighting levels be used to attain efficient and effective use of outdoor lighting. The latest recommended levels for outdoor lighting set by the Illuminating Engineering Society of North America (IESNA) shall be reviewed for reference levels.

Prohibitions.

Lighting that is unshielded is prohibited. Externally lit signs, displays, buildings, structures, streets, parking areas, recreational areas, landscaping, and other objects lit for aesthetic or other purposes shall be illuminated only with steady, stationary, fully shielded light sources without causing glare or light trespass beyond the property line. Lighting that is up lit shall be installed in such a manner that it does not project onto adjoining properties, and the light source is shielded from view.

Roof-mounted area lighting is prohibited.

The use of laser lighting for outdoor advertising or entertainment and the operation of search lights for advertising purposes are prohibited unless specifically approved by the Town Board.

Mercury vapor lights and quartz lamps are prohibited light sources, except to the extent that the local utility provider utilizes the same for street lighting.

Unshielded wall pack-type fixtures are prohibited.

Standards. Lighting shall conform to the following standards:

All lighting, including sign lighting, shall be designed and arranged to be "night sky compliant" by minimizing glare, light trespass, and reflection on adjacent properties.

The style of the light, light standard, pole and fixture shall be consistent with the architectural style of the building and its surroundings.

Unless specified elsewhere herein or except for outdoor recreational facilities, such as baseball and other field sports, the maximum height of a freestanding luminaire shall not exceed 15 feet above the average finished grade. The maximum allowable height of a building or structure-mounted luminaire shall be 20 feet.

The source of the light shall be fully shielded with full 90° cut-off luminaires or located such that it shall not be visible beyond the property boundary on which it is situated. The lighting shall also be shielded to prevent direct glare and/or light trespass and shall be, as much as physically practical, contained to the target area. Floodlighting is discouraged and, if used, must be:

[1]

Shielded to prevent direct glare for drivers and pedestrians;

[2]

Must not permit light trespass past the property line; and

[3]

Must no emit light above a 90°, horizontal plane.

All outdoor lighting shall be of such type and location to provide a minimum illumination of one foot-candle in publicly-accessible areas and shall be shielded so as to prevent the source of the light from being a visual nuisance to any adjoining residential property.

Light trespass. Illumination from light fixtures shall not exceed 0.1 foot-candle at the property line, as measured along the shared property boundary at ground level. A maximum uniformity ratio (average to minimum) of 4:1 throughout the site shall be achieved. Mitigation to avoid or minimize light trespass shall be provided and may include landscaping and berming.

The Planning Board may impose limits on the hours of lighting. The Planning Board may require that lights be controlled by automatic timing devices. The Planning Board shall consider the need to provide security in determining the hours of lighting operations. Except for single and two-family dwellings, all nonessential lighting shall be turned off not later than one hour after, and not sooner than one hour before, normal business hours, leaving only the necessary lighting for site security and signage, which shall be reduced to the minimum level necessary, but in no event shall exceed one foot-candle. Nonessential lighting applies to display, aesthetic, parking and sign lighting. Motion-sensor security lighting is recommended to promote safety and reduce the amount of night lighting in the Town. Single and two-family dwellings are encouraged to reduce the illuminance of their structures to the minimum levels necessary, such that lighting not exceed one footcandle. Motion-sensor security lighting is recommended to promote safety and to reduce the amount of night lighting in the Town.

Automotive service stations. Island canopy ceiling fixtures shall be recessed so that the bottom of the fixture is flush with the ceiling. Lighting levels under the canopy shall not exceed 10 footcandles.

Recreational facilities, public or private. Lighting for outdoor recreational facilities shall be fully shielded.

Light control shall be accomplished primarily through the proper selection and layout of lighting fixtures. The installation of landscaping, fences, walls or similar screening devices may also be considered by the Planning Board.

Energy-efficient light sources are encouraged. LED color shall not exceed 3,000 Kelvin.

(l)

Luminance and uniformity. Light levels shall be designed not to exceed the latest recommended levels for outdoor lighting set by the Illuminating Engineering Society of North America (IESNA) for the type of activity/area being lighted, except light levels for ATM machines shall be in accordance with the New York State ATM Safety Act. Where no standard is available from the IESNA, the applicable standard shall be determined taking into account the levels for the closest IESNA activity, as determined by the approving board or person. Where said standard is inconsistent with the foot-candle requirements set forth herein, the more stringent shall govern.

(m)

Outdoor lighting in and around the ponds, lakes, rivers, and other waters of the Town shall not be installed or maintained so as to create a hazard or nuisance to other property owners and shall comply with the following restrictions:

[1]

Lights on docks shall be no more than three feet above the dock, shall be directed downward and be full cutoff fixtures.

[2]

Lights illuminating paths, stairs, decks, etc., shall not be directed towards the public bodies of water and shall not direct light upwards.

[3]

All outdoor lighting shall be located, mounted and shielded, so that direct illumination is not focused towards the public bodies of water surface more than 20 feet from shore.

Exemptions. The following uses/activities shall be exempt from the provisions of this section:

Roadway lighting within the public right-of-way;

Temporary lighting for athletic events, circus, fair, carnival, religious, historic, or civic use;

Construction or emergency lighting; provided such lighting is temporary and is discontinued immediately upon completion of the construction work or abatement of the emergency necessitating said lighting;

Temporary lighting, including holiday lighting for no more than two months per year;

All outdoor light fixtures producing light directly by the combustion of natural gas or other fossil fuels;

Outdoor light fixtures installed on, and in connection with, those facilities and land owned or operated by the federal government, the State of New York, the County of Putnam, the Town of Carmel, or any department, division, agency or instrumentality thereof, or installed on facilities owned by a religious institution. Voluntary compliance with the intent of this article at those facilities is encouraged; and

Flag up lighting, provided no such flag is used for advertising purposes.

Lamp or fixture substitution. Should any outdoor lighting fixture or the type of light source therein be changed to a greater intensity after a lighting plan has been approved, a change request must be submitted to the Building Inspector for revised approval. The Building Inspector shall review the change request to ensure compliance with this section. If the change request is not substantial, the Building Inspector may approve it. If the change request is substantial, the Building Inspector shall forward such request to the Planning Board for an amended approval, which must be received prior to substitution.

§ 156-46 Clearing, filling and grading ("CFG") permit.

Waivers. Where site conditions warrant exceptions to the strict application of standards in this section, the Planning Board may waive the requirements set forth in this section provided that the intent of section is met.

Art sculptures and visual enhancements. The Town of Carmel encourages new large-scale development to incorporate visual enhancements and features which serve to beautify the visual environment and add visual interest in the community. Wherever a site plan application proposes the development of 50,000 square feet of gross floor area or more of commercial space, or 100 or more dwelling units which development has access or street frontage along a state road, a visual enhancement shall be installed which may include an art sculpture, water feature, or similar improvement which is consistent with the design of the proposed buildings and which shall be approved by the Planning Board. Nothing herein shall limit any property owner from installing art sculptures or other visual enhancement on the property in accordance with this zoning chapter. Art installations shall not be offensive, illegally infringe on trademarks, and shall comply with community standards.

Purpose. To promote the public health, safety and general welfare, and protect adjoining lands and water bodies from potential soil erosion and sedimentation impacts, the clearing, filling and grading of property is hereby regulated and requires issuance of a clearing, filling and grading permit ("CFG" permit). A CFG permit is not required for any activity which is conducted in accordance with a site plan or subdivision plan approved by the Planning Board, provided that the plan illustrates the limits of disturbance, the activity conforms to the plan, and soil erosion and sediment control measures and/or a stormwater pollution prevention plan shall have been approved.

General regulations. No excavation, regrading, filling, removal, stripping or disturbance of topsoil, earth, sand, gravel, rock or other substance from the ground, subsequently herein referred to as an "operation" or "operations," shall be commenced or carried on in the Town of Carmel unless, except as otherwise provided herein, a permit has been duly issued in accordance with the procedure set forth elsewhere in this section.

Activities regulated.

Activities involving less than 400 square feet of area. Any activity that disturbs less than 400 square feet of gross lot area shall not require a CFG permit. The Building Inspector, in issuing a building permit, can require that soil erosion control measures be installed to reduce impacts to adjoining properties, watercourses, and waterbodies.

Activities associated with the construction or expansion of a single-family detached or two-family dwelling. Whenever disturbances are proposed on a lot being used for a single-family detached or two-family dwelling, or proposing construction or expansion of same, which proposes land disturbances between 400 square feet and 2,400 square feet of gross lot area, a CFG permit from the Building Inspector shall be required. The Building Inspector may refer any application for a CFG permit to the Town Engineer. The cost of said review, which is reasonable and necessary to the decision-making function, shall be borne by the applicant. The Building Inspector, in issuing a CFG permit, must require that soil erosion control measures be installed to reduce impacts to adjoining properties, watercourses, or waterbodies.

All other activities. Any activity not regulated in Subsection C(1) and (2) above shall require approval of a land disturbance plan from the Planning Board and a CFG permit from the Building Inspector.

Exemptions. A CFG permit shall not be required for the following:

Planting of landscaping;

Grading existing lawn areas;

Normal repairs of occupied property;

Correcting hazards representing an imminent threat to life or property;

Removal of dead wood;

Clearing, filling or grading for land development pursuant to, but not prior to, an approved site plan or final subdivision plat, provided said plans clearly illustrate the limits and extent of clearing, filling and grading activities to be conducted on the site or lot, and soil erosion and sediment control measures have been approved to mitigate potential impacts associated with said activities;

The removal of trees in accordance with Chapter 142, Trees;

Municipal and other public operations. This subsection shall not apply to operations of or conducted by the Town of Carmel, County of Putnam or State of New York or any department or agency thereof.

Cases where a building permit, an approved site plan or an approved subdivision construction plan is deemed a permit under this subsection.

A building permit for a building and/or its accessory structures shall be deemed to be a permit for such excavation and/or landfill necessary for the construction of that building and/or its accessory structures, provided that the volume of any excavated material removed from the property does not exceed two times the volume of the cellar and foundation of the dwelling and/or accessory structures for which the building permit was issued. The Building Inspector shall endorse the building permit to the effect that such excavation and/or landfill is permitted, specifying the maximum volume of excavated material which may be removed.

In those cases where the Planning Board has approved, with or without conditions, the construction plans for proposed streets and drainage facilities in new subdivisions and site plans, the approved construction plans shall be deemed to be a duly issued permit for such operation within the rights-of-way and slope rights of the proposed streets and areas reserved for drainage facilities as may be necessary for their establishments, provided that if there is to be removal of excavated material, said removal shall be disclosed as an integral part of the approved plan and duly endorsed thereon. All operations outside such street rights-of-way and slope rights and drainage facilities shall be subject to the permit and approval requirements of this subsection.

All excavation performed without the necessity of a permit shall nonetheless conform to the general regulations contained in Subsection A(1) and (3) of this section.

Application procedure. Application for a permit shall contain the following information:

The full name and address of the owner or owners of property.

The street address, if any, and Tax Map designation of the property.

A statement as to authority from the owner, or any person other than owner if such person is making the application, with consent of owner endorsed thereon.

A statement of proposed work and purpose thereof.

Accompanying said application and as a part thereof, complete plans and estimates for the proposed site improvements shall be submitted for approval. The plans shall be certified by an engineer or architect, licensed in the State of New York, and shall be drawn to a scale of not less than one inch equals 50 feet and shall show the following:

The limits of disturbance and its relation to neighboring properties, together with buildings, roads and natural watercourses, if any, within 300 feet of the boundaries of the limits of disturbance. An inset map at a reduced scale may be used, if necessary.

The estimated maximum quantity to be excavated and/or removed and the estimated part thereof that will be used for regrading or filling, computed from cross sections of a proposed excavation or disturbed area.

The location of any well and the depth thereof, and the location of natural watercourses, if any, located within 300 feet of the proposed disturbed area.

The location of any sewage disposal system, any part of which is within 300 feet of the proposed disturbed area.

Existing topography of the area proposed to be disturbed at a contour interval of not more than two feet. Contours shall be shown for a distance of 100 feet beyond the area to be disturbed.

The existing and proposed final contours at a contour interval of two feet.

The location and present status of any previous operations of the type contemplated by this subsection on the property within the preceding five years.

The details of any stormwater controls proposed to be installed and maintained by the applicant, designed to provide for proper surface drainage of the land, both during the performance of the work applied for and after the completion thereof.

If a proposed excavation is for the purpose of making a lake or pond, the details of the proposed construction of the dam or other structure or embankment intended to impound the water, together with the details and location of proposed discharge of a valved outlet for drainage purposes and the design of any impoundment structure must be designed by a New York State licensed professional engineer.

The rehabilitation proposed and the estimate of the cost of such work, in accordance with the standards herein.

The details of all soil erosion control measures to be implemented.

Upon the filing of an application hereunder, the applicant shall pay a filing fee in accordance with the Town of Carmel Fee Schedule.

Review procedure.

The application and plans shall be reviewed in accordance with the standards and requirements set forth herein and requirements of all other applicable local, state and federal regulations.

In rendering a decision, the proposed activities shall meet the following criteria:

That the location and size of the proposed operation, the nature and intensity of the work involved in or conducted in connection with it and the size of the site in relation to it are such that, upon completion of the operation and the establishment of the permitted use, the site will be in harmony with the appropriate and orderly development of the district in which it is located.

That the proposed operation will not conflict with any requirement of this zoning chapter.

That the proposed operation will be incidental to the establishment, improvement or operation of a use permitted in the zoning district in which the property is located. Clearing shall not occur in advance of a submission of a site plan, special use permit, or subdivision application, which application will be submitted within one year of the clearing.

That the proposed operation will not disturb any land designated as wetlands by the Town of Carmel or the State of New York.

That a SWPPP shall be submitted and a permit issued, if required.

Decision. The Building Inspector or Planning Board shall approve, approve with modifications, or disapprove the permit. Any permit shall be issued in accordance with the terms of this subsection, subject to any restrictions, safeguards or conditions of the decision. A permit shall not be issued until the applicant shall have posted a performance bond as set forth below. A CFG permit shall expire within 12 months of the date of approval. A permit may be extended by the Building Inspector or Planning Board for one additional 12-month period. In making a determination on extension, the Board shall conduct a complete review of all plans and review all work accomplished as of the date of the extension request.

Standards. All activities shall be performed in accordance with the following standards:

No activity authorized under this subsection shall occur on a Sunday or federal or New York State holidays before 8:00 AM or after 5:00 PM on any other day.

No operation shall be commenced or carried on which is primarily for the purpose of the sale or exchange of excavated topsoil, earth, sand, gravel, rock or other substance from the ground.

All fill shall be clean soil, rocks or sand as per NYSDEC guidelines and shall be non-burnable and shall contain no garbage, refuse, waste or material deemed to be deleterious according to the standards of the applicable health codes.

Regrading adjacent to property lines shall be so designed that the work will not endanger abutting property by reason of erosion, landslides or increased runoff. The Planning Board may recommend, as a condition of permit approval, such limits to the work and such supplementary drainage structures or other safeguards as it may deem to be necessary to assure such protection to abutting lands.

The proposed operation shall be so designed that the work will not cause soil erosion, flooding or increased stormwater runoff nor adversely affect wetlands within the Town of Carmel.

There shall be a maximum of two truck access drives to the site of the operation, which shall be located to minimize danger to traffic and nuisance to surrounding properties. Such drives shall be kept either wet or oiled or shall be treated with chemical dust deterrents or paved, to the extent necessary to prevent any dust nuisance to surrounding properties. All such access drives shall be clearly marked with signs which shall be posted approximately 200 feet on both sides of such access drives or other traveled areas. Such signs shall read "Caution, Trucks Entering" and shall be of size, type, coloring, lettering and format used by the Highway Department of the Town.

All streets and highways leading to the operation shall be kept clean of all dirt, rocks and other material, and all storm drainage systems in the operation shall be kept clean and in good operating condition. Violation of this condition shall be grounds for revocation of the permit by the Building Inspector.

At all times subsequent to the issuance of a permit and before completion of the final grading, as herein provided, any excavation having a slope steeper than one foot vertically for each one foot horizontally and having a depth greater than three feet or involving standing water of a depth greater than six inches shall be entirely enclosed by wooden or wire-mesh fence not less than four feet in height, measured from ground level, with a gate of the same height at each entrance thereto. If such fencing and gates are of wooden construction, each fencing board shall be separated by not more than seven inches and, if constructed of wire mesh fencing, the mesh thereof shall not be greater than six inches by six inches. No such fence shall be so located as to obstruct visibility at the access drives. Gates shall be securely locked at all times when the project is not in operation.

Storage piles of materials, including waste material, shall at no time be located nearer than 50 feet to a property or street line or have a grade steeper than one foot vertical for each two feet horizontal.

All trucks and equipment stored on the site of the operation shall be set back at least 50 feet from the nearest property or street line.

Rehabilitation of site. Upon completion of the work permitted, the site shall be rehabilitated in accordance with the following standards:

The final grade shall be finished at a slope no steeper than one foot vertically for each two feet horizontally for any material other than rock, except where supported by a retaining wall or foundation. Finished excavated rock surface to fast rock shall have a slope no steeper than six feet vertically for each one foot horizontally.

A minimum of four inches of topsoil shall be replaced over all ground surfaces exposed by any operation contemplated herein, except rock, roads, driveways, parking places, garden spaces and surfaces excavated below high-water mark of lakes or ponds or streams, and then shall be seeded and planted as specified by the Planning Board to prevent erosion.

§ 156-47 Performance standards; prohibited uses.

Upon completion of all rehabilitation work, the applicant shall notify the Planning Board. The Planning Board shall make, or cause to be made, a field inspection of the site to determine if all work has been completed in accordance with the terms of the permit and the approved plans. The Planning Board shall make a report to the Town Board upon the completion of its investigation, describing the degree to which the operation is in conformance with the terms of the permit and plans, together with its recommendation as to the release of the performance bond posted.

Performance bond. The applicant may be required to post a performance bond or money security deposit to guarantee the satisfactory restoration of any state, county or Town road or other public property which might be damaged as a result of the clearing, filling and grading activities. The form of the bond or money security deposit shall be approved by the Town Attorney, and the amount of the performance bond or money security deposit shall be determined and approved by the Town Board upon the advice of the Town Engineer and Planning Board. In the event that the applicant fails or refuses to make the necessary repairs, the Town Board shall use the performance bond or money security to pay the expense of making such repairs.

The Planning Board and Building Inspector may require inspections of the site until the activity is completed. The applicant shall be required as a condition of the permit to authorize Town employees or agents to enter onto the applicant's property to conduct the appropriate surveillance. All costs for this service will be estimated prior to the issuance of a permit, with advice from the Town Engineer, and the applicant will then be required to post a certified check to cover such costs.

Reasonable conditions may be imposed on the issuance of the permit, such as screening, access controls, dust controls, soil testing, provision of manifests documenting the location from which any fill to be brought on-site emanates, site security or other conditions which are deemed necessary to adequately maintain the site.

Objectives.

The objectives of the following performance standards are to ensure that all nonresidential uses will provide methods to protect the community from hazards and nuisances which can be prevented by processes of control and nuisance elimination.

No land or building may be used or occupied in any manner so as to create dangerous, injurious, noxious or otherwise objectionable fire, explosive, radioactive or other hazardous condition; noise or vibration; smoke, dust, odor or other form of pollution; glare or heat; conditions conducive to the breeding of rodents or insects or other dangerous or objectionable elements in an amount or manner as to adversely affect the surrounding area.

Application.

Any use established or changed to and any building, structure or tract of land developed, constructed or used for any permitted use shall comply with all the district regulations and performance standards referred to herein and all applicable requirements of state/federal agencies.

The Planning Board may require from the applicant a certification from a registered professional engineer or architect in the State of New York that the proposed use can meet the performance standards of this chapter. Further, the Planning Board may, at the expense of the applicant, employ consultants to evaluate the environmental effects with respect to performance standards.

Noise. All uses shall comply with Chapter 104, Noise, of the Code of the Town of Carmel.

Vibration.

Vibration shall be measured at lot lines, and such measurement shall not exceed the particle velocity designated herein. The instrument used for these measurements shall be a three component measuring system (seismograph) capable of simultaneous measurement of vibration on three mutually perpendicular directions (one vertical and two horizontal).

The maximum permitted vibration is given below in terms of particle velocity, which may be measured directly with suitable instrumentation or computed on the basis of displacement and frequency, utilizing the following formula:

PV = 6.28 F X D

Where

PV = Particle velocity, inches per second.

F = Vibration frequency, cycles per second.

D = Single displacement (amplitude) of the vibration, inches.

The maximum particle velocity shall be the vector sum of the three individual components recorded. Such particle velocity shall not exceed 0.10 at the lot line. However, where vibration is produced as discrete impulses and such impulses do not exceed a frequency of 100 per minute, the maximum particle velocity shall not exceed 0.20.

Dust and particulates.

The total emission rate of dust and particulate matter from all vents, stacks, chimneys, flues or other opening or any process, operation or activity within the boundaries of any lot shall be restricted to a maximum 0.75 pound per hour per acre of lot area. Emission of dust and particulates shall be in accordance with the State of New York rules and regulations governing air contamination and air pollution. In case of conflict, the most restrictive shall apply.

The emission rate of particulate matter in pounds per hour from any single stack shall be determined by selecting a continuous four-hour period which will result in the highest average emission rate.

Particulate matter emission from materials or products subject to becoming windborne shall be kept to a minimum by paving, oiling, wetting, covering or other means, to render the surface wind resistant. Such sources include, among other things, vacant lots, yards and storage piles of bulk material, such as coal, sand, cinders, slag, sulphur, etc.

Smoke.

For the purpose of grading the density or equivalent opacity of smoke, the Ringelmann Chart as published by the United States Bureau of Mines shall be used.

The emission of smoke darker than Ringelmann No. 1 from any chimney, stack, vent, opening or combustion process is prohibited. However, smoke of a shade not to exceed Ringelmann No. 2 is permitted for up to three minutes total in any, 1-hour period.

Odor.

Odor thresholds shall be measured in accordance with the American Society for Testing and Materials (ASTM) Method D1391-57, Standard Method for Measurement of Odor in Atmosphere (Dilution Method), or its equivalent, where the odor threshold is the concentration in air of a gas or vapor which will just evoke a response in the human olfactory system.

Odorous material released from any operation or activity shall not exceed the odor threshold concentration beyond the lot line, measured either at ground level or habitable elevation.

Toxic matter. The measurement of toxic matter shall be at ground level or habitable elevation and shall be the average of any 24-hour sampling period. The release of any airborne toxic matter shall not exceed 2.5% of the threshold limit values, adopted by the American Conference of Governmental Industrial Hygienists.

Detonable materials.

The storage, utilization or manufacture of materials or products which decompose by detonation is limited to five pounds.

Such materials shall include but are not limited to all primary explosives, such as lead azide, lead styphnate, fulminates and tetracene; all high explosives, such as TNT, RDX, HMX, PETN and picric acid; propellants and components thereof, such as dry nitrocellulose, black powder, boron hydrides, hydrazine and its derivatives, pyrotechnics and fireworks, such as magnesius powder, potassium chlorate and potassium nitrate; blasting explosives, such as dynamite and nitroglycerine; unstable organic compounds, such as acetylides, texraxoles and ozonides; unstable oxidizing agents, such as perchloric acid, perchlorates and hydrogen peroxide in concentration greater than 35%; and nuclear fuels, fissionable materials and products and reactor elements, such as Uranium 235 and Plutonium 239.

All applications shall comply with the requirements of Chapter 53, Blasting, of the Town of Carmel.

Prohibited uses; activities.

§ 156-48 Residential cluster development.

Within any Town-owned water district, the installation of landscape irrigation systems for lawn and landscape watering is prohibited.

Purpose. The Planning Board, in its discretion, may approve a cluster development in any district where single-family dwellings are permitted. The Planning Board may also require submission of a cluster development where it finds that a property contains the significant features set forth below in Subsection C. The purpose of this provision is to allow an alternative permitted method for the layout, configuration and design of lots, buildings and structures, roads, utility lines and other infrastructure, parks, and landscaping to preserve the natural and scenic qualities of open lands as described further below. Nothing herein shall require that the Planning Board allow cluster development, where it determines that a proposed subdivision will not result in the benefits set forth above.

In order to increase design flexibility, two or more contiguous parcels of land, including parcels separated by a Town, county, state, or private road, may be grouped together as one cluster provided the parcels are in common ownership and are merged into one parent parcel.

Conservation values. The application of these provisions shall be guided by the important physical, cultural and natural features of the particular property under review as follows:

Steep slopes as described in § 156-11E(4) and (5).

Freshwater wetlands under the regulatory jurisdiction of the New York State Department of Environmental Conservation (DEC), the U.S. Army Corps of Engineers and/or the Town of Carmel as per Chapter 89, Wetlands, of the Town Code.

Areas of special flood hazard as identified on Federal Emergency Management Agency (FEMA) maps.

Properties listed on the National and/or State Registers of Historic Places or eligible for listing by the New York State Office of Parks, Recreation and Historic Preservation for inclusion on such registers. The cluster development shall require preservation of said historic features.

Lands containing a farm operation which farm operation will be preserved subsequent to the cluster development.

Significant viewsheds as determined by the Planning Board during subdivision or site plan review.

Recreational resources and water bodies, including lakes, ponds, streams, or other potentially significant recreational resources.

Known habitats containing endangered, threatened, or special concern wildlife species, protected native plants, endangered, threatened, or rare plants, or state-identified significant habitats.

Existing or potential trails, including bikeways, hiking trails or multi-use, non-motorized routes of local, county, state or national significance.

Procedure.

The applicant for a residential major subdivision shall submit a conservation plan, a conventional subdivision plan, and a conceptual cluster plan with the filing of the application for preliminary subdivision approval. The Planning Board shall review the conservation, cluster and conventional plans and shall require such other and further details for each plan that it reasonably believes necessary to evaluate same. Until all requested information is submitted, the application for preliminary subdivision approval shall be deemed incomplete. Nothing herein shall limit an applicant from requesting a cluster subdivision approval for a minor or major subdivision. Once the Planning Board established the maximum yield or lot count for the application, the procedures for subdivision review set forth in Chapter 131 of the Town Code shall apply.

Conservation value analysis and plan.

In order to determine the conservation value of open space on a specific parcel of land, the applicant shall prepare and the Planning Board shall review a "conservation plan" of the parcel. The open space protected pursuant to this Section shall have "conservation value" described in § 156-48C.

The Planning Board shall review the conservation plan, and determine which resources are to be protected as open space. No less than 50% of the gross area of the parcel shall be set aside for conservation as part of a cluster layout. The open space is separate and in addition to any land which the Planning Board deems must be set aside for active recreation in accordance with § 156-85. Upon review of the subdivision plan, and a determination that there is limited conservation value on the lot, the Planning Board can reduce the open space requirement.

Review of conventional plat to determine residential yield. The conventional subdivision plan shall be submitted to establish the maximum number of lots or dwellings that shall be permitted on the subject property, referred to as the residential yield. The permitted number of dwelling units in a cluster subdivision shall in no case exceed the number of units that, in the Planning Board's judgment, would be permitted if the land were subdivided into lots conforming to the minimum lot size and density requirements of this chapter, the Subdivision Regulations, the Putnam County Department of Health regulations, NYSDEC regulations, and all other applicable local, state and federal laws, regulations and standards. The basis for this determination will be a conventional subdivision plat for the subject parcel netting out all environmentally constrained lands as per § 156-11, and meeting requirements for roads (including road grades), stormwater basins, required setbacks for individual wells and septic systems, and other information as may be required by the Planning Board. The Planning Board shall, by resolution, establish the maximum residential yield upon a review of the conventional plan layout. The Planning Board may waive submission of documentation of the full residential yield where, in the Planning Board's judgment, the number of lots proposed is substantially less than the total allowable residential yield, provided that the plat contains a notation clearly indicating the reduction in the total lot count applies to the remaining unsubdivided parcel.

Cluster layout. Using the conservation plan as a basis for determining areas to be protected as open space, the applicant shall design a cluster plan layout which preserves the natural attributes and resources shown on the conservation plan that have been evaluated by the Planning Board and determined to be areas which shall remain as open space.

Resolution to pursue cluster or conventional layout. Upon review of the preliminary conventional and the cluster subdivision plans, the Planning Board shall advise the applicant as to which plan shall be advanced through the subdivision review process set forth in Chapter 131, Subdivision of Land, and/or the site plan review process as per Article VIII of this zoning chapter. For purposes of SEQRA review, said resolution shall not be deemed an "action."

Design standards for cluster subdivisions.

Allowable uses. The residential uses allowed within a zoning district may be single family detached dwellings on individual lots. In the PRD, LDR and MDR zoning districts, single-family semi-attached and attached dwellings may be allowed at the discretion of the Planning Board, and the maximum density shall be as established herein. The total number of dwellings shall not exceed the maximum residential density determined as per this subsection.

Subdivision of clustered lots. No further subdivision of clustered lots shall be permitted. A map note specifying this restriction shall be included on the final plan.

No buildings may be constructed within the open space area, except that the Planning Board, in its discretion, may allow outbuildings such as barns or sheds associated with agricultural operations to be located in an open space area which is preserved for agricultural uses.

Utilities. A cluster development may be served by individual well, individual septic, or central water and central sewer facilities, each approved by the appropriate agency or other entity having jurisdiction. All water, sewer and gas lines, power, telephone, cable and other communication services shall be installed underground in compliance with state and local regulations.

Arrangement of lots and dwelling units. The following guidelines shall apply:

Retain and reuse existing farm roads, lanes or driveways rather than constructing new roads or driveways. This minimizes clearing and disruption of the landscape and takes advantage of the attractive way that old lanes are often lined with trees and stone walls. (This is not appropriate where reuse of a road would require widening in a manner that destroys trees or stone walls.)

Preserve stone walls and hedgerows. These traditional landscape features define outdoor areas in a natural way and create corridors useful for wildlife. Using these features as property lines is often appropriate, as long as setback requirements do not result in constructing buildings in the middle of fields.

Avoid placing buildings in the middle of open fields. Place buildings either at the edge of fields or in the ecologically least significant parts of wooded areas where they will be less intrusive to views from adjacent roads, trails or high viewpoints.

Use existing vegetation and topography to buffer and screen new buildings, if possible, unless they are designed and located close to the road in the manner historically found in the Town. Site buildings in groups or tuck them behind tree lines or knolls rather than spreading them out cross the landscape in a sprawl pattern.

Minimize clearing of vegetation at the edge of the road, clearing only as much as is necessary to create a driveway entrance with adequate sight distance. Create curves in driveways, with due regard to safety issues, to increase the screening of buildings.

Site buildings so that they do not protrude above ridgelines as seen from public places and roads. Use vegetation as a backdrop to reduce the prominence of the structure. Wherever creating vistas is intended, open up views by selective cutting such as removal of understory vegetation and pruning lower branches of large trees, rather than by clearing large areas or removing large trees.

Minimize crossing of steep slopes, wetlands, and critical environmental areas with roads and driveways.

The required open space land may not include private yards located within 75 feet of a principal building.

Minimum lot area and yard requirements. The Planning Board is allowed to vary the minimum yard and lot area requirements otherwise required in the Schedule of District Regulations as follows:

The minimum lot area for individual lots with single family detached dwellings in a cluster subdivision shall be as follows: The minimum lot size may be less then what otherwise would be required for a conventional lot in the district, except that no single lot shall be less than one gross acre. Any proposed lot size less than one acre shall require the approval of the Town Board by resolution.

The minimum yard requirements shall be established by the Planning Board during cluster review.

Attached and semi-attached dwellings. The yard requirements shall be established by the Planning Board during cluster plan review and all dwellings shall be located on individual fee simple lots.

The Planning Board shall determine the maximum lot coverage for a cluster development.

The Planning Board may require the protection of an undisturbed vegetative buffer along the side and rear property lines for any cluster development where the units are located on common land and the building adjoins a single-family detached dwelling, to be no less than 25 feet in depth. Where the required open space meets this purpose, no additional buffer is required. Off-street parking may be permitted in the front yard only in a driveway giving access to a garage, but off-street parking spaces shall otherwise be located behind the front facade of the building.

Building height. The Planning Board is not authorized to vary the maximum height limitation for any buildings or structure for the zoning district within which the cluster development is located.

Permanent open space in cluster developments. Protected open space may be included as a portion of one or more large building lots or may be contained in a separate open space lot. Such open space may be owned by a homeowner's association, one or more private landowners, a non-profit organization, the Town or another governmental entity, or any other appropriate entity, as long as it is protected from development or encroachments by a conservation easement and deed restriction which shall be enforceable by the Town of Carmel. The open space area, when located on individual lots to remain in private ownership, shall be demarcated by survey markers in a form to be approved by the Planning Board. A Conservation Easement Baseline Report shall be prepared by the applicant and submitted to the Planning Department for filing prior to signing the final cluster plan. The Baseline Report is for the purpose of documenting the location of the conservation easement area, and ensuring no encroachment occurs to same except to allow those activities permitted within the easement, e.g., agricultural operations. The following documentation shall be included in the report:

Location map: Property shown on the Town Zoning Map or other parcel-based map with area shown within 1,500 feet of the project site, with the property highlighted.

A copy of the executed conservation easement and deed restrictions.

Metes and bounds description of the conservation easement area.

An 11" x 17" map or larger of the Planning Board approved site plan or subdivision plan illustrating clearly the conservation easement area. The map shall show parcel boundaries, topography, wetlands, and existing structures, if any.

An up-to-date aerial map of the property.

Photo key map, using map described in Subsection E(11)(d) above as base, with photos as per Subsection E(11)(g) below.

Photographs of the conservation easement area, keyed to the features shown on the approved cluster plan, shall be submitted after conservation easement markers are installed. The baseline report shall include compass direction and description of the photo subject. All existing structures and the existing condition (wetland, forest, etc.) within the conservation easement area shall be described in a narrative referencing the photos taken. Use of GPS for purposes of accurately identifying locations from which photos are taken is recommended especially, where there are few reference points, e.g., middle of woods. It is preferable for baseline photos to be taken when snow cover is not present.

The applicant's professional shall certify (through signature) the report as being accurate.

(12)

Notations on plat or site plan. Protected open space land shall be clearly delineated and labeled on any final plan as to its use, ownership, management, method of preservation, and the rights, if any, of the owners of other lots in the subdivision to such land. The plat or site plan shall clearly show that the open space land is permanently reserved for open space purposes.

(13)

Permanent protection by conservation easement. A perpetual conservation easement restricting development of the open space land and allowing use only for agriculture, passive recreation, protection of natural resources, or similar conservation purposes, pursuant to § 247 of the General Municipal Law and/or §§ 49-0301 through 49-0311 of the Environmental Conservation Law, shall be granted to the Town with the approval of the Town Board, or to a qualified not-for-profit conservation organization acceptable to the Town Board upon the recommendations of the Planning Board. Such conservation easement shall be approved by the Planning Board and shall be required as a condition of subdivision plat approval. The Planning Board shall require that the conservation easement be enforceable by the Town if the Town is not the holder of the conservation easement. The conservation easement shall be recorded in the County Clerk's office prior to or simultaneously with the filing of the final subdivision plat in the County Clerk's office or a site plan in the Planning Department. A conservation easement shall also be required on HOA lands.

(14)

Ownership of open space land - Homeowners Association (HOA). If the land is owned in common by a HOA, such HOA shall be established in accordance with the following:

The HOA documentation must be submitted to the Planning Board before the final subdivision plat is approved and must comply with all applicable provisions of the General Business Law.

Membership must be mandatory for each lot owner, who must be required by recorded covenants and restrictions to pay fees to the HOA for taxes, insurance, and maintenance of common open space, common driveways, and other common facilities.

The open space restrictions must be in perpetuity.

The HOA must be responsible for liability insurance, property taxes, and the maintenance of recreational and other facilities and common driveways.

Property owners must pay their pro rata share of the costs in Subsection E(14)(J) above, and the assessment levied by the HOA must be able to become a lien on the property.

The applicant shall make a conditional offer of dedication to the Town, binding upon the HOA, for all open space to be conveyed to the HOA. Such offer may be accepted by the Town, at the discretion of the Town Board, upon the failure of the HOA to take title to the open space from the applicant or other current owner, upon dissolution of the association at any future time, or upon failure of the HOA to fulfill its maintenance obligations hereunder or to pay its real property taxes.

Ownership shall be structured in such a manner that real property taxing authorities may satisfy property tax claims against the open space lands by proceeding against individual owners in the HOA and the dwelling units they each own.

The attorney for the Planning Board shall find that the HOA documents presented satisfy the conditions above, and such other conditions as the Planning Board shall deem necessary to ensure continuation and protection of the open space lands.

(15)

Maintenance standards.

Ongoing maintenance standards shall be established, enforceable by the Town against an owner of open space land as a condition of approval, to ensure that open space land is not used for storage or dumping of refuse, junk, or other offensive or hazardous materials, or in any manner not approved by the Planning Board.

In the event that the maintenance, preservation, and/or use of the open space area(s) ceases to be in compliance with any of the requirements of the zoning chapter or any other requirements specified by the Planning Board when approving the cluster subdivision plat or site plan, the Town shall be granted the right to perform such maintenance as may be necessary or to otherwise assure compliance and to charge the cost to the responsible property owner or owners. Such charge, if unpaid for more than 60 days, shall become a lien on the open space area and on the lots of any lot owners who share ownership of the open space area. Notwithstanding, the Town is under no obligation to maintain such open space areas.

Site plan approval for cluster developments.

Where a cluster subdivision has been designed with semi-attached or attached dwellings with common area, a site plan shall also be submitted to and approved by the Planning Board prior to the issuance of a building permit in a cluster subdivision development.

The site plan shall include all elements required by Article X of this zoning chapter.

Nothing contained in this article shall relieve the owner or his or her agent or the developer of a proposed cluster development from receiving subdivision plat approval in accordance with Chapter 131, Subdivision of Land.

§ 156-49 Planned mixed use development (PMUD).

Prior to site plan approval, the developer shall file with the Planning Board a performance bond to ensure the proper installation of all park and recreation improvements shown on the site plan and a maintenance bond to ensure proper maintenance of all common lands until the homeowner's association is established. The amount and period of said bonds shall be determined by the Town Board upon the recommendation of the Planning Board, and the form, sufficiency, manner of execution and surety shall be approved by the Town Attorney and the Town Board.

Establishment and purpose. A planned mixed-use development (PMUD) is a development allowed within the PMUD-O Zoning District which shall result in one or more of the following benefits to the Town:

Offer housing diversity.

Create usable open space and recreation areas and preserve natural areas.

Conveniently locate businesses and services that can serve the proposed housing and offer conveniences to other neighborhoods in the Town. Said nonresidential uses shall be constructed concurrently with the residential uses.

Promote economic development and encourage commerce in well-designed planned environs where uses within the development are compatible with each other and with adjoining uses.

Provide for the efficient use of land and the placement of utilities and streets in ways that lower development costs and impacts.

Implement the Town of Carmel Comprehensive Plan.

Encourage innovation not possible under strict application of subdivision and zoning regulations.

Create a physically attractive and cohesive neighborhood by adhering to neotraditional design standards. The PMUD shall be guided by design guidelines prepared by the applicant and approved by the Planning Board to regulate development within the PMUD.

Location standards.

Location. The property shall be located within the PMUD-O Zoning District.

Minimum site size. The property shall be no less than 50 gross acres of land and shall have no less than 100 feet or direct access off an existing driveway or roadway on Route 6. The applicant can aggregate parcels provided they are in the PMUD-O Zone. Parcels do not have to be contiguous.

Procedures.

An applicant shall submit an application to the Planning Board. The application shall be in writing and include a concept plan drawn at a scale which adequately identifies the data set forth herein. The application and concept plan shall include the following information:

A conceptual layout showing the location of buildings and types of the various uses and their areas in acres and proposed open space and recreational areas. The mix of dwellings by size of dwelling unit, number of bedrooms, and dwelling unit type, and total gross floor area of same. The mix of nonresidential uses proposed on the concept plan and gross floor area of all nonresidential uses.

Floor plans and elevations of the proposed buildings.

A depiction of the proposed interior road and driveway system and proposed design of same (if any). The Planning Board may require submission of a traffic study to evaluate the impacts associated with development of the PMUD.

Location, area and proposed ownership and use of open space.

Description and concept plan for the provision of sewer service, water supply, stormwater management and other required utilities. The Planning Board may require the submission of engineering studies and may require a hydrogeologic analysis to ensure an adequate water supply is available to serve the project and that there shall not be any adverse impact on surrounding individual wells.

Uses and ownership of abutting lands.

A proposed phasing plan.

A SEQRA analysis.

Evidence the proposal is compatible with the goals of the Town of Carmel Comprehensive Plan and this zoning chapter.

A market and fiscal impact study, if required by the Planning Board.

Any other analyses, data or plans that the Planning Board determines is necessary to assess the merits of the application.

The Planning Board shall review the concept plan and related documents and render a report to the applicant regarding the concept plan, including any recommended revisions. An unfavorable report shall state clearly the reasons thereof and, if appropriate, advise the applicant what revisions would be required for the Planning Board to render a favorable report. A favorable report shall include any recommendations for changes or conditions with respect to the proposed concept plan. The Planning Board shall issue its report within 62 days of receipt of a complete concept plan and application, except that the timeframe may be extended to allow additional input which may be required as part of the SEQRA and agency referral process.

The Planning Board shall make such other referrals necessary, including review by the Putnam County Planning Department and any other referrals as may be necessary pursuant to the regulations implementing the New York State Environmental Quality Review Act.

Prior to rendering a decision on the concept plan, the Planning Board shall hold a public hearing.

Mitigation measures and conditions may be imposed by the Planning Board.

Decision. The Planning Board may approve, approve with conditions, or deny the concept plan. The Planning Board shall make the following findings:

The proposed uses will not be detrimental to present and potential uses in the area surrounding the PMUD.

Existing roads and highways are suitable and adequate to carry anticipated traffic associated with the proposed development and meet Town of Carmel Road standards.

Existing and future utilities are or will be adequate for the proposed development.

The concept plan complies with the purposes of this chapter and is consistent with the Town of Carmel Comprehensive Plan.

The concept plan will not have a significant adverse impact on the Town's natural resources, including the quantity and quality of groundwater and surface waters.

The Planning Board shall consider the scale of the proposed buildings associated with the uses, their potential impact on community services, environmental resources, the visual environment and community character, and may limit the size of any buildings associated with a development within the PMUD.

If the concept plan is approved, a site plan and/or subdivision plan shall be submitted to the Planning Board as required herein within one year of receiving PMUD approval. The Planning Board, at its discretion, may extend such a timeframe by up to one additional year.

The Planning Board may attach conditions to the PMUD approval. If the approved PMUD has received site plan and/or subdivision approval from the Planning Board, and is not substantially developed in accordance with the approved concept plan and site/subdivision plan within five years of the effective date of the special use permit approval, 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 Planning 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 rescind the special use permit.

Site plan/subdivision. The applicant shall submit a site plan and/or subdivision plan to the Planning Board for all or a phase of the development. The Planning Board shall review and render a decision on any subdivision plan or site plan in accordance with the standards regulating those applications.

Any plans submitted to the Planning Board shall conform substantially to the approved concept plan and any conditions established as part of the PMUD approval. The Planning Board may require that any application not substantially in conformance with the concept plan be modified to comply. The Planning Board may rescind the approval where it finds that the proposed site or subdivision application is not substantially in compliance with the concept plan unless a revised concept plan is approved by the Planning Board upon further review in accordance with the zoning chapter and this § 156-36.22.

No building permits shall be issued for construction within a PMUD until all required improvements are installed or financial guarantees are posted in accordance with the procedures provided by the Town subdivision chapter and this zoning chapter.

Design standards. These design standards shall be applied to a PMUD.

Maximum residential density. The residential density shall be determined on the net lot area, after deduction of the resources set forth in § 156-11E of the zoning chapter, of the portion of the site devoted to the below uses:

Single-family detached dwellings: One dwelling unit per 20,000 square feet.

Two family dwellings: one dwelling unit per 20,000 square feet.

Single family attached (townhomes): one dwelling unit per 15,000 square feet.

Multifamily development: one dwelling unit per 10,000 square feet.

Dwellings above ground floor nonresidential uses: one dwelling unit per one 10,000 square feet.

The Planning Board shall approve the mix of dwelling units as part of the PMUD, provided the ratio of residential to nonresidential uses meets the requirements set forth below. No individual type of dwelling unit set forth in Subsection D(1)(a) through (e) above shall represent more than 30% of all dwelling unit types to ensure the purpose of housing diversity.

Nonresidential development. The PMUD shall require the construction of nonresidential development as part of the PMUD. Restaurants, retail and medical and professional uses, personal service uses, and any use otherwise allowed within the underlying zone is allowed. The total gross floor area of areas dedicated to nonresidential use shall be determined by the Planning Board. The Planning Board shall establish the allowable nonresidential uses as part of the PMUD.

Phasing. The goal is for the development within the PMUD to be phased so that there is flexibility during construction. The ratio of residential to commercial uses by phase shall be approved by the Planning Board by a "Phasing Plan or Phasing Table," which shall consider various factors, including the type of housing, type of commercial development, size of the project, and other characteristics by phase. Once the Plan/Table is approved, any amendments or changes shall be reviewed by the Planning Board.

Maximum lot coverage and land disturbance. The total lot coverage for the entire property shall not exceed 50% of the total gross lot area. The concept plan shall show the proposed locations for buildings by use, and the Planning Board shall establish bulk standards for the PMUD as part of the approval. The Planning Board, in its discretion, may allow an increase in development coverage and decrease in open space, only upon a finding that there is sufficient open space available to serve residents of the PMUD within 1/4 mile of the site's boundaries. In no case shall lot coverage exceed 60%. Nothing herein is intended to waive the imposition of recreation fees as per § 156-85.

Utilities. All electric, telephone, telecommunication, and other service lines shall be underground. A PMUD shall be served by public or central water and sewerage systems.

Parking. On-street parking on state public highways or access roads within the PMUD shall not be permitted. Parallel and angled parking may be permitted as part of the design of the overall development which is intended to incorporate traditional design standards. The minimum required parking shall be established as part of the PMUD and shall be approved by the Planning Board.

Open space and recreation. No less than 40% of the gross acreage of the site shall be preserved as open space (see also Subsection D(4) above). All areas of the site shall be landscaped by preserving existing vegetation, or by installing a combination of decorative and native plant materials. A public recreational area no less than 10% of the total gross lot area, exclusive of the area required for open space, shall be established, except that the Planning Board may waive such requirement where the applicant provides a fee in lieu of recreation in accordance with § 156-85 of the zoning chapter. A landscaping plan shall be submitted as part of the site-specific site and/or subdivision plan submitted to the Planning Board. The open space area may include the visual screening area set forth in this section.

Landscape and design requirements. Landscape and facade design requirements to be incorporated in project covenants and restrictions shall be developed and submitted for approval. A landscaped planting screen of no less than 75 feet in width shall be required along the border of the PMUD with any public road and plantings shall be installed at a minimum height of six feet. Such screen shall be in place prior to the issuance of a certificate of occupancy and substantially screen proposed buildings in the PMUD from view within five years of planting, unless this requirement is waived by the Planning Board, based on the proposed design. Existing trees and vegetation shall be maintained wherever possible in such areas and supplemented with additional vegetation as may be necessary to accomplish screening objectives. All buildings, structures and land disturbances shall be set back a minimum of 100 feet from the exterior property lines, which distance may be increased by the Planning Board as may be necessary to protect adjoining properties and preserve neighborhood character.

Building heights. Structures within the PMUD shall not exceed a height of 35 feet, or three stories.

PMUD uses. The Planning Board shall approve the allowable uses in the PMUD, which are limited to the following: any residential uses allowed as per this section, and any nonresidential uses allowed in the underlying zoning district, or the HMC zone.