This article consists of regulations, provisions
and requirements that are supplementary to or in modification of the
regulations set forth in the Schedule of District Regulations and
the notes accompanying said Schedule of District Regulations that
are contained in the preceding article. These supplementary regulations
include but are not limited to requirements for signs, parking and
loading facilities, landfill and other excavations, industrial performance
standards and residential cluster development.
A.
General regulations for signs. The following regulations
shall apply to all signs in all districts:
(1)
Signs shall not be erected within the right-of-way
of any street except for official traffic signs.
[Amended 12-9-1998 by L.L. No. 11-1998; 7-1-2009 by L.L. No. 1-2009]
(2)
The area of a sign shall be computed as the total
area of the smallest rectangle that will contain the entire sign or
sign structure, including all parts thereof, except the supports of
a freestanding sign which shall not contain any advertising material.
(3)
Each side of a multifaced sign shall be considered
as a separate sign for computation of the total surface area of any
such sign.
(4)
The following types of signs are prohibited:
(a)
Any sign that obstructs a sign displayed by
a public authority for the purpose of traffic safety, instruction,
direction or other information.
(b)
Any sign that obstructs any window, door, fire
escape, stairway, ladder or opening intended to provide light, air,
ingress or egress for any building.
(c)
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.
(d)
All bare incandescent light sources (neon lights
are not to be considered as such) and immediately adjacent reflecting
surfaces shall be shielded from view; banners; flags; flashing, moving,
intermittently illuminated signs; reflection signs; or luminous signs.
(e)
Billboards advertising products or services
other than those dispensed at the structure and location on which
the billboard is located.
(5)
The following are signs for which no permit is required
in any district:
(a)
Signs not illuminated by either direct or indirect
lighting, displayed on residential buildings other than single-family
dwellings for the purpose of giving only the name thereof as follows:
not to exceed one sign on a building, located on the face thereof
and projecting not more than six inches therefrom, not extending above
the roofline of the building and not exceeding one foot in vertical
dimension.
(b)
Official notices or advertisements posted or
displayed by or under the direction of any public or court officer
in the performance of his official duties, provided that all such
signs shall be removed no later than 10 days after the last day of
the period for which the same are required to be displayed in order
to accomplish their purpose.
(c)
Signs of any political party or announcements
of the candidacy of any individual for a nomination of office in the
current political primary or election are permitted as follows:
[Amended 12-9-1998 by L.L. No. 11-1998; 7-2-2008 by L.L. No. 2-2008]
[1]
Years when there is both a primary and general
election. Signs in residential zoning districts of the Town are permitted
in unlimited number from 15 days prior to the date of the primary
election until six days after the primary election and from 15 days
prior to the date of the general election until six days after the
date of the general election, provided they do not exceed 12 square
feet in area. Signs in nonresidential zoning districts of the Town
are permitted in unlimited number from 15 days prior to the date of
the primary election until six days after the date of the primary
election and from 15 days prior to the date of the general election
until six days after the date of the general election, provided they
do not exceed 16 square feet in area. In addition, no more than five
signs between 16 square feet and 32 square feet in area per candidate
are permitted from 15 days prior to the date of the primary election
until six days after the date of the primary election and from 15
days prior to the date of the general election until six days after
the date of the general election in nonresidential zoning districts
of the Town only. Signs of political parties or signs containing more
than the name of one candidate are also permitted from 15 days prior
to the date of the primary election until six days after the date
of the primary election and from 15 days prior to the date of the
general election until six days after the date of the general election
in nonresidential districts of the Town, provided they do not exceed
32 square feet in area, but are limited to a total of three Town-wide.
[Amended 7-1-2009 by L.L. No. 1-2009]
[2]
Years when there is only a general election.
Signs in residential zoning districts of the Town are permitted in
unlimited number from three weeks prior to the date of the general
election until six days after the date of the general election, provided
they do not exceed 12 square feet in area. Signs in nonresidential
zoning districts of the Town are permitted in unlimited number from
three weeks prior to the date of the general election until six days
after the date of the general election, provided they do not exceed
16 square feet in area. In addition, no more than five signs between
16 and 32 square feet in area per candidate are permitted from three
weeks prior to the date of the general election until six days after
the date of the general election in nonresidential zoning districts
of the Town only. Signs of political parties or signs containing more
than the name of one candidate are also permitted from three weeks
prior to the date of the general election until six days after the
date of the general election in nonresidential districts of the Town,
provided they do not exceed 32 square feet in area but are limited
to a total of three Town-wide.
[3]
Special election. Signs in residential zoning
districts of the Town are permitted in unlimited number from three
weeks prior to the date of the special election until six days after
the date of the special election, provided they do not exceed 12 square
feet in area. Signs in nonresidential zoning districts of the Town
are permitted in unlimited number from three weeks prior to the date
of the special election until six days after the date of the special
election, provided they do not exceed 16 square feet in area. In addition,
no more than five signs between 16 and 32 square feet in area per
candidate are permitted from three weeks prior to the date of the
special election until six days after the date of the special election
in nonresidential zoning districts of the Town only. Signs of political
parties or signs containing more than the name of one candidate are
also permitted from three weeks prior to the date of the special election
until six days after the date of the special election in nonresidential
districts of the Town, provided they do not exceed 32 square feet
in area but are limited to a total of three Town-wide.
[4]
School elections. Signs in residential zoning
districts of the Town are permitted in unlimited number from three
weeks prior to the date of the school election until six days after
the date of the school election, provided they do not exceed 12 square
feet in area. Signs in nonresidential zoning districts of the Town
are permitted in unlimited number from three weeks prior to the date
of the school election until six days after the date of the school
election, provided they do not exceed 16 square feet in area. In addition,
no more than five signs between 16 and 32 square feet in area per
candidate are permitted from three weeks prior to the date of the
school election until six days after the date of the school election
in nonresidential zoning districts of the Town only. Signs containing
more than the name of one candidate are also permitted from three
weeks prior to the date of the school election until six days after
the date of the school election in nonresidential districts of the
Town provided they do not exceed 32 square feet in area but are limited
to a total of three Town-wide.
(d)
Signs advertising only the name, time and place
of any bona fide fair, carnival, festival, bazaar or similar event,
when conducted by a public agency or for the benefit of any civic,
fraternal, religious or charitable cause, provided that no such sign
in any residential district shall exceed 20 square feet in area to
be displayed except on the immediate site of the event to which it
pertains, no such sign in any commercial or industrial district shall
exceed in area the maximum area of signs permitted on any lot in that
district, and provided, further, that all such signs shall be removed
within 10 days after the last day of the event to which they pertain.
(e)
Signs not exceeding two square feet in area
warning the public against trespassing on the land on which the same
are displayed.
(f)
Signs of whatever size necessary warning the
public of danger, but not containing any advertising material in addition
thereto.
(g)
Any informational or directional sign erected
by a public agency or under the authorization by a public agency.
B.
Signs in residential districts. The following regulations
shall apply to signs in residential districts:
(1)
Every sign in a residential district shall:
(a)
Be placed flat against a building, projecting
not more than six inches therefrom on the front or side and not extending
beyond the height of said building; or
(b)
If a freestanding sign in front of a development,
be located at a minimum distance of at least 15 feet from the lot
line. Said freestanding sign shall not exceed six feet in height or
10 square feet in area.
(2)
No sign in a residence district shall be illuminated
by other than indirect lighting, with the source thereof so shielded
that it illuminates only the face of the sign.
(3)
The following types of signs shall be permitted in
all residence districts:
(a)
Nameplates and identification signs. Signs indicating
the name and address of the occupant or a profession which is conducted
on the site, provided that they shall not exceed two square feet in
area.
(b)
Sales or rental signs.
[1]
Signs advertising the sale or rental of the
premises upon which they are located, provided that they shall not
exceed six square feet in area.
[2]
Not more than one such sign may be placed upon
any property unless such property fronts upon more than one street,
in which case one sign per street may be erected, facing each street.
[3]
Such signs shall be promptly removed when premises
are sold or rented.
(c)
Institutional signs.
[1]
Signs of schools, colleges, churches, hospitals
or other institutions of a similar public or semipublic nature, provided
that the size of any sign shall not exceed 20 square feet in area.
[2]
No more than one such sign shall be permitted
for an institution, unless the property fronts upon more than one
street, in which case one such sign per street may be erected, facing
each street.
(d)
Signs accessory to parking areas.
[1]
Signs designating entrances or exits to or from
a parking area, provided that the size of any sign shall not exceed
four square feet in area.
[2]
Signs designating the identity and conditions
of use of parking areas, provided that the size of any such sign shall
not exceed eight square feet in area. Not more than one sign may be
placed upon any property unless such property is located on a corner,
in which event two such signs may be permitted, one facing each street.
(e)
Development signs.
[1]
Signs advertising the sale or development of
the premises upon which they are located may be erected, provided
that the area of any sign shall not exceed 20 square feet.
[2]
Not more than one sign may be placed upon any
such property, unless such property fronts upon more than one street,
in which event, one such sign may be erected facing each street.
[3]
Such signs shall be removed by the developer
prior to return of the bond.
[Amended 7-1-2009 by L.L. No. 1-2009]
(f)
Directional signs for developments.
[1]
Signs indicating the location and direction
of premises available for or in the process of development and having
inscribed thereon the name of the development may be erected within
the right-of-way of access streets serving the premises, provided
that the area of any sign shall not exceed two square feet in area.
The sign may also be located on the premises.
[2]
Such signs may not be erected closer than 2,500
feet to each other.
[3]
Such signs shall be removed by the developer
prior to return of the bond.
[Amended 7-1-2009 by L.L. No. 1-2009]
(g)
Artisans' signs.
[1]
Signs of builders, electrical contractors, painters
and other artisans may be erected and maintained during the period
in which such persons are performing work on the premises, provided
that the size of any such sign shall not exceed 12 square feet in
area.
[2]
Such signs shall be removed within 15 days of
completion of the work.
[Amended 7-1-2009 by L.L. No. 1-2009]
(h)
Private driveways. Signs indicating the private
nature of a driveway, provided that the size of any such sign shall
not exceed two square feet.
C.
Signs in nonresidential districts. The following types
of signs shall be permitted in commercial and industrial districts:
(2)
The area of signs in commercial districts shall be
based on a ratio of two square feet of sign area for each one linear
foot of building frontage on which the sign will be placed, but shall
not exceed a maximum area of 40 square feet.
(3)
The area of signs in industrial districts shall be
based on a ratio of two square feet of sign for each one linear foot
of building on which the sign will be placed and shall not exceed
a maximum area of 40 square feet. On industrial sites having an area
of five acres or larger, the sign area shall not exceed a maximum
of 75 square feet.
(4)
Not more than one exterior sign shall be permitted
for each commercial establishment on each wall facing a street.
(5)
Signs on buildings shall be placed flat against the
exterior wall and shall not project more than six inches from the
wall to which they are fixed. No sign shall project beyond the top
or side of the wall to which it is fixed.
[Amended 4-22-1992 by L.L. No. 3-1992]
(6)
In a commercial district, no sign shall be placed
to extend over a sidewalk where it may cause danger to a pedestrian
or interfere with circulation or in such a position that will cause
danger to traffic on a street by obscuring the view.
(7)
Billboards and other outdoor advertising displays
shall be prohibited in all districts.
(8)
Freestanding identification signs for designed shopping
centers and industrial parks that are located on sites of at least
five acres, provided that:
(a)
There shall be not more than one such identification
sign for each street, other than a residential service street, on
which the shopping center or industrial park entrance fronts. No signs
facing a residential service street shall be permitted.
(b)
The total area of such identification signs
shall not exceed 75 square feet, nor shall they exceed a height of
20 feet.
(9)
Freestanding identification signs other than for design
shopping centers and industrial parks, provided that:
[Added 4-22-1992 by L.L. No. 3-1992]
(a)
All buildings on the lot must be set back a
minimum of 20 feet from the property line.
(b)
The total area of all sides of such identification
sign shall not exceed 32 square feet and each side shall not exceed
a total of 16 square feet.
(c)
The top of the identification sign shall be
no higher than 12 feet from the ground and the bottom of the identification
sign shall be no higher than eight feet from the ground.
(10)
Promotional signs shall be permitted, provided
that a temporary permit for the use of such devices is obtained from
the Building Department of the Town of Carmel at least 10 days in
advance of the use of said devices and subject to the following conditions:
[Added 4-22-1992 by L.L. No. 3-1992; amended 7-1-2009 by L.L. No.
1-2009]
(a)
No property shall be permitted to use such outside
promotional devices more than six times per year.
(b)
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.
(c)
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.
(d)
The Building Inspector, when issuing such temporary
permit, shall charge and collect a fee therefore. Said fee shall be
established annually by the Town Board and shall be on file in the
office of the Town Clerk.
(e)
The Building Inspector, when issuing such temporary
permit, shall collect a security deposit in the form of cash to insure
the removal of said promotional devices at the expiration of the temporary
permit. The amount of said deposit shall be established annually by
the Town Board and shall be on file in the office of the Town Clerk.
The security deposits collected hereunder by the Building Inspector
shall be forwarded to the appropriate person in the Town for deposit
in the Town's Trust and Agency Funds. Upon the proper removal of all
promotional devices by the permit holder, in accordance with the temporary
permit, 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 effect said removal and to charge the cost of said
removal plus an administrative fee against the security deposit.
A.
General regulations for off-street parking and loading
facilities. The following regulations and schedules with specific
requirements shall apply to all off-street parking and loading facilities
for all uses of land in all districts:
(1)
All off-street parking and loading facilities shall be designed at least according to the dimensions as contained in § 156-8, Definitions, of this chapter, i.e., a parking space shall be at least 10 feet wide and 20 feet long exclusive of circulation aisle space; a length of 18 feet shall be permitted if a raised bumper to allow a minimum overhang of two feet is provided. 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.
(2)
No off-street loading area or off-street parking area
or part thereof for three or more vehicles shall be closer than 10
feet to any dwelling, school, hospital or other institution for human
care located on an adjoining lot.
(3)
For development other than single-family dwellings,
any off-street parking area or off-street loading area for three or
more vehicles shall be permanently improved according to the standards
of the Town of Carmel. All parking and loading spaces shall be marked
in accordance with a plan approved by the Planning Board so as to
provide for the orderly and safe loading, parking and storage of motor
vehicles.
(4)
All off-street parking areas and off-street loading
areas shall be graded and drained so as to dispose of all surface
water without detriment to surrounding uses.
(5)
Access drives.
(a)
All off-street parking areas and off-street loading areas shall have safe and convenient access to a street. Access drives or driveways shall be in accordance with the design controls in Subsection D of this section. If any such area is located contiguous to a street, the street side thereof shall be curbed, and ingress and egress shall be provided only through driveway openings through the curb located and constructed in accordance with specifications prescribed by the Town, county or state, whichever has jurisdiction.
(b)
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.
(6)
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.
(7)
Where there are practical difficulties in the location
of parking spaces or if the public safety or public convenience, or
both, would be better served by the location of such parking spaces
other than on the same lot as the use to which it is appurtenant,
the Board of Appeals, on specific application, may authorize such
alternative location of required parking space as will adequately
serve the public interest, subject to the following conditions:
(a)
Such off-site spaces shall be located on land
in the same ownership or under a legally binding, perpetual arrangement
between the premises.
(b)
The entrance to such space shall be within a
radius of 250 feet from an entrance to the use that such space serves.
(c)
Such off-site parking spaces shall be usable
without causing hazard to pedestrians, hazard to vehicular traffic,
traffic congestion, detriment to the appropriate use of other property
in the vicinity or detriment to any residential neighborhood.
(8)
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 unless otherwise approved
by the Board of Appeals in accordance with the purposes and procedures
set forth herein.
(9)
Accessible parking spaces shall be provided as required
by the New York State Building Code.
[Amended 7-2-2008 by L.L. No. 2-2008]
(10)
All off-street parking areas shall be designed
so as 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.
B.
Off-street parking spaces.
|
Schedule of Off-Street Parking Spaces
Required
| ||||
|---|---|---|---|---|
|
[Amended 5-31-1994; 10-21-1998 by L.L. No. 9-1998; 9-20-2006 by L.L. No. 5-2006; 1-17-2007 by L.L. No. 2-2007] | ||||
|
Land Use
|
Off-Street Parking Spaces Required
(gross = 300 square feet)
| |||
|
Dwellings
|
See Schedule of District Regulations[1]
| |||
|
Apartment houses for the elderly
|
1.5 for each apartment with handicapped spaces as required under § 156-42A(9)
| |||
|
Multifamily dwellings for the elderly
|
1.5 for each dwelling unit plus handicapped spaces as required under § 156-42A(9)
| |||
|
Apartment houses
|
2 for each dwelling unit
| |||
|
Places of worship, theaters, auditoriums, stadiums
or similar places of assembly
|
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
| |||
|
Hotels, motels and other transient
|
1.25 for each unit of occupancy
| |||
|
Community buildings, fraternal and social clubs
and similar
|
1 for each 150 square feet of gross floor area
devoted to patron use
| |||
|
Hospitals
|
4 for each 5 beds
| |||
|
Nursing homes
|
1 for each 3 beds
| |||
|
Government administrative offices
|
5 for each 800 square feet of gross floor area
| |||
|
Retail stores, service establishments and professional
offices
|
1 for each 200 square feet of gross floor area
| |||
|
Designed shopping centers
|
6 for each 1,000 square feet of gross floor
area
| |||
|
Professional offices in homes
|
1 for each professional and other full-time
employee plus 3 additional
| |||
|
Restaurants, bars, commercial entertainment
establishments
|
1 for each 3 seats, including barstools, or
1 for each 40 square feet of floor area devoted to patron use where
capacity is not determined by the number of fixed seats
| |||
|
Wholesale, warehouse, storage, heavy commercial
establishments
|
1 for each 1,000 square feet of gross floor
area
| |||
|
Light impact industries
|
1 for each 500 square feet of floor area
| |||
|
Doctor or dentist offices
|
4 for each doctor and 1 for each employee
| |||
|
Office buildings
|
1 for each 200 square feet of gross floor area
| |||
|
Golf and country clubs
|
10 for each golf hole
| |||
|
Tennis clubs
|
6 for each court
| |||
|
Swim clubs
|
1 for each 3 memberships
| |||
|
Rooming or boarding houses
|
1 for each guest sleeping room
| |||
|
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 per tee plus 1 per employee
| |||
|
Indoor wall or rock climbing facility
|
1 per 250 square feet of gross floor area
| |||
|
Meeting room
|
1 per 150 square feet of gross floor area
| |||
|
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
| |||
|
Restaurant
|
1 space per 3 seats; 1 space per 30 square feet
of gross floor area in quick-food establishments
| |||
|
Retail store
|
1 space per 200 square feet of gross floor area
| |||
|
Skating rink
|
1 per 100 square feet of rink area plus 1 per
employee
| |||
|
Squash, handball, racquetball and similar courts
|
2 per court
| |||
|
Tennis courts
|
5 per court
| |||
|
All other nonresidential
|
1 for each 200 square feet of gross floor area
| |||
[1]
Editor's Note: The Schedule of District Regulations is included at the end of this chapter.
C.
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
| |
D.
The minimum width of access aisles shall conform to
the following requirements:
|
Schedule of Parking Aisle Width
| |||
|---|---|---|---|
|
Parking Angle
|
Width One-Way
(feet)
|
Width Two-Way
(feet)
| |
|
0°, parallel
|
12
|
24
| |
|
30°
|
14
|
24
| |
|
45°
|
14
|
24
| |
|
60°
|
18
|
24
| |
|
90°, perpendicular parking
|
24
|
24
| |
A.
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 therefor has been duly issued in accordance with the procedure
set forth elsewhere in this section.
(1)
No operation authorized under this subsection shall
be permitted on Sunday or before 8:00 a.m. or after 5:00 p.m. on other
days.
(2)
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.
(3)
All landfill shall be clean soil, rocks or sand and
shall be nonburnable and shall contain no garbage, refuse, waste or
material deemed to be deleterious according to the standards of the
applicable health codes.
B.
Cases where a building permit, an approved site plan
or an approved subdivision construction plan is deemed a permit under
this subsection.
(1)
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.
(2)
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.
C.
Exception. Municipal and other public operations.
The provisions of 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.
D.
Application procedure. Application for a permit under
this subsection shall be made to the Planning Board, in writing, with
10 copies, and shall contain the following information:
(1)
The full name and address of the owner or owners of
property.
(2)
The street address, if any, and Tax Map designation
of the property.
(3)
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.
(4)
A statement of proposed work and purpose thereof.
(5)
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:
(a)
The location of that portion proposed to be
disturbed and its relation to neighboring properties, together with
buildings, roads and natural watercourses, if any, within 300 feet
of the boundaries of said portion of said premises herein referred
to shall be shown. An inset map at a reduced scale may be used, if
necessary.
(b)
The portion of the property that is to be disturbed.
(c)
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.
(d)
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.
(e)
The location of any sewage disposal system,
any part of which is within 300 feet of the proposed disturbed area.
(f)
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.
(g)
The proposed final contours at a contour interval
of two feet.
(h)
The location and present status of any previous
operations of the type contemplated by this subsection on the property
within the preceding five years.
(i)
The details of any drainage system 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.
(j)
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.
(k)
The rehabilitation proposed and the estimate of the cost of such work, in accordance with the standards given in Subsection H herein.
(l)
The details of all erosion controls to be implemented.
(6)
Upon the filing of an application hereunder, the applicant
shall pay a filing fee established by resolution of the Town Board
which shall be filed in the office of the Town Clerk.
[Amended 9-14-1988 by L.L. No. 1-1988]
E.
Review procedure.
(1)
Upon receipt of an application and plans, the Planning
Board shall review said application and plans in accordance with the
following standards and requirements and other requirements of all
other applicable local, state and federal regulations. Within 45 days
after the receipt of a complete application, the Planning Board shall
hold a public hearing on said application. Within 45 days after the
hearing, the Planning Board shall make its determination.
(2)
The Planning Board, in making its determination, shall
report whether or not the proposed operation meets the following criteria:
(a)
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.
(b)
That the proposed operation will not be in conflict
with any proposal in a Town Development Plan or with any requirement
of this chapter.
(c)
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.
(d)
That the proposed operation will not disturb
any land designated as wetlands by the Town of Carmel or the State
of New York.
F.
Permit. In acting on the application and in granting
or denying a permit, the Building Inspector shall be directed by the
report and recommendations of the Planning Board. Any permit to be
issued shall be issued in accordance with the terms of this subsection,
subject to any restrictions, safeguards or special conditions considered
by the Planning Board to be appropriate for the proposed operation.
However, no permit shall be issued until the applicant shall have
posted a performance bond with the Town of Carmel ensuring conformance
with the approved plans and all applicable regulations, restrictions
and special conditions. Such performance bond shall become effective
only if and when the Town Attorney shall have approved the same as
to amount, form, surety and manner of execution.
(1)
The Building Inspector, when issuing permits, shall
charge and collect a fee therefor, in addition to the filing fee previously
provided for herein. Said charge shall be established annually by
the Town Board and shall be on file in the office of the Town Clerk.
[Amended 11-26-1986]
(2)
Permits issued under this subsection shall expire
within 12 months of the date of approval. A permit may be extended
by the Planning Board for one additional period of 12 months. In making
a determination on extension, the Board shall make a complete review
of all plans and make an examination of all work accomplished.
G.
Conduct of work. The work permitted shall be performed
in accordance with the following conditions and requirements:
(1)
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.
(2)
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.
(3)
There shall be a maximum of two truck access drives
to the site of the operation, which shall be located so as 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.
(4)
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 area of 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.
(5)
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.
(6)
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 vertically for each two
feet horizontally.
(7)
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.
H.
Rehabilitation of site. Upon completion of the work
permitted, the site shall be rehabilitated in accordance with the
following standards:
(1)
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.
(2)
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 marks or lakes or ponds or streams, and
then shall be seeded and planted as specified by the Planning Board
to prevent erosion.
(3)
Upon completion of all rehabilitation work, the applicant
shall so 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.
A.
Objectives.
(1)
The objectives of the following performance standards
are to ensure that all industries will provide methods to protect
the community from hazards and nuisances which can be prevented by
processes of control and nuisance elimination.
(2)
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.
B.
Application.
(1)
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.
(2)
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.
C.
Noise.
(1)
Noise shall be measured with a sound level meter and
octave band analyzer that conforms to specifications of the American
Standards Association. Measurements are to be made at lot lines.
(3)
Tables.
(a)
All noise shall be muffled so as not to be objectionable
due to intermittence, high frequency or shrillness. In no event shall
the sound pressure level of noise radiated continuously from a facility
exceed the values given in Table 1.[1]
|
Table 1
| ||
|---|---|---|
|
Maximum Permissible Sound Pressure Levels
| ||
|
Frequency Band
(cycles/second)
|
Sound Pressure Level
(decibels)
| |
|
20 - 75
|
69
| |
|
75 - 150
|
60
| |
|
150 - 300
|
56
| |
|
300 - 600
|
51
| |
|
600 - 1,200
|
42
| |
|
1,200 - 2,400
|
40
| |
|
2,400 - 4,800
|
38
| |
|
4,800 - 10,000
|
35
| |
(b)
If the noise is not smooth and continuous and
is not radiated between 7:00 p.m. and 7:00 a.m., one or more of the
corrections in Table 2 shall be added or subtracted from each of the
decibel levels given in Table 1.
|
Table 2
| ||
|---|---|---|
|
Correction in Maximum Permitted Sound
Level Pressure in Decibels to be Applied to Table 1
| ||
|
Type of Operation or Character of Noise
|
Correction
(in decibels)
| |
|
Noise source operates less than 20% of any 1-hour
period
|
Plus 5*
| |
|
Noise source operates less than 5% of any 1-hour
period
|
Plus 10*
| |
|
Noise source operates less than 1% of any 1-hour
period
|
Plus 15*
| |
|
Noise of periodic character (hum, screech, etc.)
|
Minus 5
| |
|
Noise of impulsive character (hammering, etc.)
|
Minus 5
| |
|
*NOTE: Apply one of these corrections only.
| ||
D.
Vibration.
(1)
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).
(2)
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.
| |
(3)
The maximum particle velocity shall be the vector
sum of the three individual components recorded. Such particle velocity
shall not exceed 0.10 in the C/BP Zone 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.
[Amended 3-20-2002 by L.L. No. 1-2002]
E.
Dust and particulates.
(1)
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.
(2)
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.
(3)
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, so as 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.
F.
Smoke.
(1)
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.
(2)
In the C/BP Zone, 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 one-hour period.
[Amended 3-20-2002 by L.L. No. 1-2002]
G.
Odor.
(1)
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.
(2)
In the C/BP Zone, 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.
[Amended 3-20-2002 by L.L. No. 1-2002]
H.
Toxic matter. The measurement of toxic matter shall
be at ground level or habitable elevation and shall be the average
of any twenty-four-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.
I.
Detonable materials.
(1)
In the C/BP Zone, the storage, utilization or manufacture
of materials or products which decompose by detonation is limited
to five pounds.
[Amended 3-20-2002 by L.L. No. 1-2002]
(2)
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.
[Amended 12-18-1985; 11-26-1986]
A.
Objectives. The objectives of a residential cluster
development are to encourage flexibility and innovation in design
and development of land in such a manner as to promote the most appropriate
use of land; achieve greater variety in type, design and layout of
buildings; maintain the natural and scenic qualities of the Town of
Carmel; preserve areas of ecological significance; and minimize the
amount of land required for roads and utilities.
B.
Definition. A "residential cluster development" is
defined as an area with a minimum contiguous acreage of 20 acres or
more to be developed as a single entity according to a plan containing
one or more residential clusters, and shall include at the minimum
the provisions for open space as outlined in this section.
C.
Permitted uses. The following uses are permitted in
a residential cluster development:
D.
Area. A residential cluster development shall have
a total site area of at least 20 acres in one aggregate or contiguous
parcels.
E.
Overall residential density. A residential cluster
development shall not contain a total number of dwelling units which
exceeds the number as determined in accordance with the following
formula: The total acreage of the areas shown on the environmental
constraints map shall be subtracted from the total acreage of the
parcel being developed. The remaining acreage shall be further reduced
by a number equal to 10% of the total acreage of the parcel being
developed to allow for roads and utilities. The resulting acreage
shall then be divided by the minimum lot area for the zoning district
in which the parcel is located to arrive at the total number of dwelling
units that will be deemed buildable.
F.
Open space.
(1)
There shall be provided at least 35% of the gross
area of a residential cluster development for open space, exclusive
of streets and other paved areas.
(2)
In determining which land is to be preserved as open
space, the natural and scenic qualities of the site shall be taken
into consideration, as well as the ecological significance of the
site and its utility as an open space.
(3)
If the Planning Board finds that part of such open
space is of such size, location, shape, topography and general character
as to be useful to satisfy the recreational purposes of the Town,
the Planning Board may require the applicant to provide 5,000 square
feet of recreational area within such open space for each detached
dwelling unit and 300 square feet of recreational area within such
open space for each semidetached or attached dwelling unit.
(4)
When the Planning Board finds that there is no such
land within the open space that is of such a character as to be useful
to satisfy recreational purpose, the applicant shall pay to the Town
a fee for each unit shown on the site plan, which fee shall be established
annually by the Town Board and shall be on file in the office of the
Town Clerk.
(5)
Said amount shall constitute a trust fund to be used
by the Town exclusively for park, playground or other recreational
purposes, including the acquisition of property.
G.
Common open space title.
(1)
Deed restriction. The applicant shall deliver to the
Planning Board for its approval appropriate documents establishing
deed restrictions prohibiting in perpetuity any land designated for
common open space from being used for any other purpose.
(2)
Organization for common ownership required. The applicant shall establish a legally constituted organization for the ownership and maintenance of all common open space and any undedicated streets. This organization shall not be dissolved, nor shall it dispose of any common open space, by sale or otherwise, except to another organization conceived and established to own and maintain the common open space and nondedicated streets in accordance with Subsection G(3) below.
(3)
Rules for organization. Any organization established in accordance with Subsection G(2) above shall:
(a)
Be established before a certificate of occupancy
has been issued for any dwelling unit in the residential cluster development.
(b)
Make membership mandatory for each owner of
a residential building and any succeeding owner.
(c)
Guarantee access to all the common open space
to all persons legally residing in the development and limit that
access to the legal residents and their guests only. Upon request
of the applicant, the Planning Board of the Town of Carmel may approve
allowing access to certain common open space to the general public.
Common open space for which the Planning Board may approve such access
shall be limited to neighborhood or community centers, tennis courts,
golf courses and ballfields.
(d)
Be responsible for liability insurance and maintenance
of the common open space.
(e)
Require owners of residential buildings to pay their pro rata share of the costs listed in Subsection G(3)(d) above, and provided that an assessment levied by the organization shall have the same force and effect as a debt or ground rent or lien against the real property.
(f)
Be able to adjust the assessment to meet changing
needs.
(4)
Common open space maintenance; maintenance plan required.
The documents establishing or creating such organization shall provide
for a plan for the maintenance of all common open space and undedicated
streets in the residential cluster development.
H.
Heights, bulk, coverage, location and land uses. In
order to encourage and enable a residential cluster development of
desirable and imaginative design and to maintain a flexibility of
this chapter, specific controls of the height, bulk and lot coverage
of buildings and the location of the various permitted land uses and
public facilities are not contained in this section. Instead, it is
required that all stages of a residential cluster development be developed
according to a comprehensive final plan for the overall development,
as approved by the Planning Board, which shall conform to the requirements
of this chapter and, in addition, shall be compatible with the other
requirements of this chapter for residential or other land uses contemplated
or by common good practice.
I.
Initial consideration.
(1)
Application for a residential cluster development
shall be made to the Planning Board. A written statement by the applicant
shall set forth the reasons why, in his opinion, a residential cluster
development would be consistent with the objectives set forth herein.
(2)
This statement shall include a description of the
proposal and the purpose to be accomplished by the plan.
(3)
The applicant shall submit an environmental constraints map, as described in § 131-11F of Chapter 131, Subdivision of Land, of the Town Code, together with a sketch layout for cluster development of the site showing the number of dwelling units determined in accordance with the provisions of Subsection E of this section.
J.
Planning Board review.
(1)
The Planning Board shall study the practicality of
the sketch layout, taking into consideration the declared objectives
of this section and requirements of the Town. Particular attention
will be given to the arrangement of lots; location, width and safety
of proposed roads; topography; access, location and layout of proposed
recreation sites; proposed methods of handling water and sewage disposal
needs; and any requirements of a Town Master Plan.
(2)
Review of the cluster proposal will further consider the arrangement of the buildings on the site and in relation to adjacent properties and the nature of the proposed open space. The proposal must, in the Planning Board's judgment, meet the objectives of this section as set forth in Subsection A of this section.
K.
Environmental Conservation Board and Recreation Commission.
Upon receipt of a formal application for the use of this planning
concept, a set of all pertinent materials shall be forwarded to the
Town Environmental Conservation Board and the Town Recreation Commission
for their review and recommendation.
L.
For all detached dwelling units located less than
50 feet apart and for all attached dwelling units and all semidetached
dwelling units, adequate water supplies shall be made available the
entire year for fire protection purposes. These sources may be pressured
systems, cisterns or dry hydrants. The quantity available must meet
NFPA Standard 1231 entitled "Standard on Water Supplies for Suburban
and Rural Fire Fighting," primarily Tables 5-5.1(a) and (b). All water
supply distributing points shall be readily accessible and so located
that the maximum travel distance for fire-fighting apparatus shall
not exceed 1,000 feet from distribution point to farthest delivery
point.
[Added 3-1-1995 by L.L. No. 2-1995]
A.
Purpose. It is the specific purpose and intent of
this provision to address the need of residents to locate convenient
accommodation for visitors, to provide local accommodation for short-term
visitors to the community, to encourage preservation of large older
dwellings by providing a cost-effective alternative or adaptive use
that can relieve the maintenance burden on the owners of such buildings
and to encourage the preservation of large residential lots and their
open space character by permitting an alternative use consistent with
the residential character of the community. Furthermore, it is the
purpose and intent of this provision to provide economic support for
present resident families, to protect and preserve property values,
to ensure healthy and safe living conditions and to have more effective
regulation and control of Town growth and development. In furtherance
of these purposes, specific conditions are set forth below for bed-and-breakfast
establishments.
B.
Special permit. The Planning Board may grant a special
permit for a bed-and-breakfast establishment in any district subject
to the following requirements which shall be considered continuing
conditions for the validity of any special permit issued hereunder:
(1)
The property and principal and accessory structures
thereon shall conform to the lot area, yard and other requirements
for the zoning district in which the property and structures are located
unless a variance therefor shall have been granted by the Zoning Board
of Appeals.
(2)
The building housing a bed-and-breakfast establishment
shall be an existing, detached single-family dwelling and its use
as a bed-and-breakfast establishment shall not conflict with its appearance
or function as such.
(3)
The minimum size lot on which a bed-and-breakfast
establishment may be located is 50,000 square feet. A bed-and-breakfast
establishment may be permitted on a lot with a smaller area only if
such lot is located in a nonresidential district and the Planning
Board finds that a bed-and-breakfast establishment can be adequately
accommodated within the existing principal dwelling building and that
it will not overburden the property and that it will be a use compatible
with the surrounding properties.
(4)
In residential districts, a special permit for
a bed-and-breakfast establishment may not be approved for a dwelling
located within 1,000 feet (property line to property line) of an existing
dwelling for which a bed-and-breakfast establishment permit has been
issued and remains valid.
(5)
The owner of the lot upon which the bed-and-breakfast
establishment is to operate shall occupy and maintain the bed-and-breakfast
establishment as his/her legal residence.
(6)
The maximum number of bedrooms that may be available
to overnight guests shall be four. The Planning Board shall be responsible
for determining and limiting the number of bedrooms in each dwelling
in connection with its review of the special permit application.
(7)
Meal service shall be limited to a morning meal
served to overnight guests only.
(8)
No less than one off-street parking space shall
be provided per bedroom designated as available for overnight guests.
Said parking shall be in addition to the parking required by this
chapter for the single-family dwelling use. The Planning Board shall
be responsible in connection with its review of the special permit
application for determining that the required number of parking spaces
can be provided in a safe manner on the subject lot so as to not establish
a nuisance or burden for adjacent and surrounding lots.
(9)
Evidence of the approval of the proposed method
and adequacy of water supply and sewage disposal shall be obtained
from the Putnam County Department of Health.
(10)
Signage shall comply with the provisions for signs in residential districts as set forth in § 156-41B, provided there shall be no more than one sign, which may be freestanding, not exceeding two square feet in area.
(11)
Smoke alarms shall be installed in each bedroom
of the bed-and-breakfast establishment.
C.
Application. The application for a special permit
for a bed-and-breakfast establishment shall be made in five copies
to the Secretary of the Planning Board. The application shall consist
of the following:
(1)
Name and address of owner.
(2)
Lot area, tax map sheet-block-lot number and
zoning district in which the property is located.
(3)
Names and addresses of all property owners within
500 feet of the property for which the special permit is sought.
(4)
Property survey showing the size of the lot
in square feet and all structures thereon as well as parking area
prepared and sealed by a licensed surveyor or engineer.
(5)
Floor plans of the existing dwelling with identification
of the bedroom(s) to be used by overnight guests.
(6)
Description of number and location of existing
and proposed parking spaces demonstrating compliance with the requirements
of this section.
(7)
Signed notarized authorization by the owner
authorizing the Town of Carmel Building Department to make inspection(s)
of the property at any reasonable time during daylight hours for the
purpose of determining compliance with all code requirements, including
those of this section.
(8)
An application fee in an amount set forth in
a Fee Schedule adopted by the Town Board.
D.
Public hearing. Within 61 days of the receipt of a
complete application, the Planning Board shall convene a public hearing.
At least 10 days prior to the date of the hearing, legal notice of
such hearing shall be published in the official newspaper of the Town
and notice shall be mailed to all property owners within 500 feet
of the property for which the special permit is sought.
E.
Action. The Planning Board shall approve, approve
with conditions or disapprove the application in accordance with the
provisions of § 274-b of the Town Law.
F.
Permit period and renewal. The special permit shall
be granted for a period of three years and may be renewed for additional
three-year periods. An application for renewal of the special permit
shall be made to the Building Department on a form provided by that
department and with a fee in an amount set forth in a Fee Schedule
adopted by the Town Board. The Building Department shall reissue the
permit if inspection of the premises finds it to be in compliance
with all applicable codes, the requirements of this section and the
provisions of the original approval. Should the Building Department
find that the premises are not in compliance with all applicable codes,
the requirements of this section and the provisions of the original
approval, the Building Department shall refer the application to the
Planning Board for action.
G.
Refusal by applicant of inspection and/or violation
of continuing conditions of special permit. If any inspection of the
property and dwelling by the Town of Carmel for the purpose of ensuring
compliance with the provisions of this section is refused by the owner,
when said inspection occurs at any reasonable time during daylight
hours or the continuing conditions of the special permit are violated,
the special permit shall be subject to revocation after a hearing
by the Planning Board at which the permit holder is given an opportunity
to be heard.
H.
Site plan required. When during the review of an application,
the Planning Board finds that significant site work will be required
to increase parking areas, to enlarge subsurface sewage disposal areas
or to otherwise alter physical site conditions, the Board shall require
the submission of a site plan which shall be processed concurrently
with the application for a special permit. In all other situations,
site plan approval by the Planning Board shall not be required.
[Added 9-13-1995 by L.L. No. 6-1995; amended 1-21-1998 by L.L. No. 1-1998]
A.
Purpose. It is the specific purpose and intent of
this section allowing accessory apartments on single-family properties
in all single-family residential districts to provide the opportunity
for the development of small, rental housing units designed to meet
the special housing needs of single persons and couples, both young
and old, and of relatives of families living in the Town of Carmel.
Furthermore, it is the purpose and intent of this subsection to allow
the more efficient use of the Town's existing dwellings, to provide
economic support for present resident families, to protect and preserve
property values, to ensure healthy and safe living conditions for
individuals, and to have more efficient regulation and control of
Town growth and development. In furtherance of these objectives, specific
standards are set forth below for accessory dwelling units.
B.
Special permit. The Building Inspector shall issue
a special permit allowing the construction of an accessory dwelling
unit within an existing single-family dwelling or existing accessory
building located in single-family R Residential Districts, provided
the following requirements are met, which requirements shall be considered
continuing conditions for the validity of any special permit issued
hereunder:
[Amended 3-20-2002 by L.L. No. 1-2002]
(1)
There shall be only one accessory dwelling unit
on the property and it shall be located either in the existing single-family
dwelling or in an existing accessory building, provided the accessory
building was constructed and is existing in accordance with this chapter
and all other applicable regulations. Any changes shall be within
the existing structure.
(2)
The owner of the property shall reside on the
premises.
(3)
The apartment shall be accessory to the principal
residence. It shall have a minimum habitable floor area of 400 square
feet, but no more than 35% of the habitable floor area of the single-family
dwelling and no more than 900 square feet of habitable floor area
in the accessory building.
(4)
The accessory dwelling unit shall be a self-contained
dwelling unit, with a separate external entrance and separate cooking,
bathroom and sleeping facilities for the exclusive use of the occupant.
(5)
There shall be no more than two bedrooms in
the accessory dwelling unit.
(6)
The principal building shall portray the character
of a single-family dwelling. Only one entrance shall be permitted
on the side or sides of the single-family dwelling facing the front
lot line; all other entrances shall be limited to the side or sides
of the building not visible from the front lot line.
(7)
Adequate provisions shall exist for water supply
and for the disposal of sewage and waste generated by the occupants,
in accordance with the requirements of the Putnam County Health Department.
Evidence of the approval of the proposed method and adequacy of water
supply and sewage disposal shall be obtained from the Putnam County
Department of Health. In addition, approval of the Town Engineer shall
be required if the proposed method of water supply or sewage disposal
would involve Town water or sewer facilities.
(8)
No less than one and no more than two off-street
parking spaces shall be provided for the accessory dwelling unit.
Said parking shall be in addition to the parking required by this
chapter for the single-family dwelling use and shall comply with the
dimensional, setback and access requirements of this chapter.
(9)
The accessory dwelling unit shall conform to
all requirements of the New York State Fire Prevention and Building
Code and all applicable state, county and Town regulations.
(10)
A building permit shall be obtained along with
all required permits as determined by the Building Department, and
a certificate of occupancy shall be obtained prior to the utilization
of the accessory dwelling unit.
C.
Application. The application for a special permit
shall be made to the Building Department. The application shall consist
of the following:
(1)
Name and address of owner.
(2)
Lot area, tax map sheet-block-lot number and
zoning district in which the property is located.
(3)
Square footage of the entire structure and square
footage of the accessory dwelling unit.
(4)
Number of existing and proposed on-site parking
spaces.
(5)
Approval(s) pursuant to Subsection B(3) above relative to the proposed method of water supply and sewage disposal.
(6)
Current property survey showing size of the
lot in square feet and all structures thereon as well as parking area
prepared and sealed by a licensed surveyor, engineer or architect.
(7)
A floor plan, drawn to scale, of the entire
structure showing proposed changes and identification of accessory
dwelling unit.
(8)
Signed notarized authorization by the owner
authorizing the Town of Carmel Building Department to make inspection(s)
of the property at any reasonable time during daylight hours for the
purpose of determining compliance with all code requirements, including
those of this subsection.
(9)
An application fee in an amount set forth in
a Fee Schedule adopted by the Town Board.
D.
Action. The Building Inspector shall either approve
or disapprove the application within 30 days of the date of its complete
submission. The applicant may grant an extension of the time in which
the Building Inspector shall act. In the case of an approval, the
office of the Building Department shall inspect the accessory unit
to ensure that all codes have been met. If all codes are not met,
the special permit shall be subject to revocation after a hearing
by the Zoning Board of Appeals at which the permit holder is given
an opportunity to be heard.
E.
Refusal of lawful inspection and/or violation of continuing
conditions of special permit. If any lawful inspection of the dwelling
by the Town for the purpose of ensuring compliance with the provision
of this subsection is refused by the owner when said inspection occurs
at any reasonable time during daylight hours, or if the continuing
conditions of the special permit are violated, the special permit
shall be subject to revocation after a hearing by the Zoning Board
of Appeals at which the permit holder is given an opportunity to be
heard.
F.
Permit period and renewal. The special permit shall
be granted for a period of five years and may be renewed for additional
five-year periods. Said permit shall not be affected by a change in
ownership of the property during permit period. An application for
renewal of special permit shall be made to the Building Department,
no later than 60 days after the expiration of the permit period, on
a form provided by that department and with a fee in an amount set
forth in the Fee Schedule adopted by the Town Board. The Building
Department shall reissue the special permit if inspection of the premises
finds it to be in compliance with all applicable codes, the requirements
of this subsection and the provisions of the original approval. Should
the Building Department find that the premises are not in compliance
with all applicable codes, the requirements of this subsection and
the provisions of the original approval, the Building Department shall
deny reissuance of the special permit.
G.
Permit extension. Notwithstanding the five-year permit period provided in Subsection F above, the initial permit period for any special permit for an accessory dwelling unit issued prior to January l, 2000, shall be extended so as to expire on December 31, 2004, unless sooner revoked pursuant to the applicable provisions hereof.
H.
Existing accessory apartments. Owners of existing
accessory apartments shall have until January 1, 2000, to apply for
a special permit in accordance with the provisions hereof. Any initial
special permit application for a then existing accessory apartment
submitted after January 1, 2000, shall be accompanied by an application
fee equal to twice the existing fee set forth in the Fee Schedule
adopted by the Town Board.
[Added 1-17-2007 by L.L. No. 2-2007]
A.
Purpose. It is the specific purpose and intent of
this section to develop recreation facilities without the use of public
funds that could both supplement and complement municipal and school
district facilities and contribute to the quality of life of residents
of the Town of Carmel. Furthermore, it is the purpose and intent of
this section to enable such proposals to be heard and considered within
the context of comprehensive planning that embraces the relationship
of such facilities to surrounding properties, traffic conditions and
environmental factors so as to protect and preserve property values,
to ensure healthy and safe living conditions for individuals and to
have more effective regulation and control of Town growth and development.
B.
Special permit. A special exception use permit may
be granted by the Planning Board of the Town of Carmel for a recreation
center subject to the provisions of this section.
C.
Conditions for issuance of a special exception use
permit. In order to be considered for issuance of a special exception
use permit, a building site must meet the following criteria which
shall be considered continuing conditions if and when a special exception
use permit is issued:
(1)
The site shall have a minimum area of 20 (true
not nominal) acres;
(2)
The site shall have a minimum frontage of 500
feet on a county, State or Town street or highway;
(3)
Coverage of the lot by all buildings and impervious
surfaces shall not exceed 25%;
(4)
Buildings up to 40 feet in height and two stories
above ground shall be set back a minimum of 40 feet from any property
line; buildings between 40 feet and 60 feet in height shall be set
back a minimum of 100 feet from any property line;
(5)
Outdoor fields and parking areas shall be set
back a minimum of 50 feet from all side and rear property lines and
lighting, if installed, shall be situated so as not to illuminate
across property lines onto adjoining parcels of land;
(6)
All side and rear yards shall be provided with
a suitable planting screen or fence of at least 10 or 12 feet in height
and 20 feet in width and shall be appropriately landscaped and maintained.
A separator of at least 30 feet in width shall be provided adjacent
to the street line, except where the Planning Board determines that
the intent of the screening requirement is met by other conditions;
(7)
All buildings shall contain a fire suppression
system;
(8)
The placement and use of outdoor fields, outdoor
lighting and parking areas shall be limited by the location on the
lot, screening and/or buffering and location of adjacent residential
development(s) and based on an evaluation of compatibility with and
potential impact on adjacent property uses;
(9)
The scale and maximum occupancy of meeting and
exhibition facilities shall be limited by traffic impacts of public
roads to be used for access, parking requirements and lot coverage;
(10)
Minimum parking spaces to be provided shall
be calculated based on the most intense proposed use of each of the
facilities at any one time.
