Town of Carmel, NY Article VII Planning Board

§ 156-59 Continuation; membership; terms; vacancies; removal; organization.

A. The Planning Board heretofore established pursuant to the provisions of Town Law shall continue as the Planning Board for the Town of Carmel with all the powers prescribed by law and as herein described.

B. The Planning Board shall consist of seven members appointed by the Town Board.

C. Each member shall be appointed for a term of seven years.

D. If a vacancy shall occur otherwise than by expiration of term, it shall be filled by the Town Board by appointment for the unexpired term.

E. The Town Board shall have the power to remove any member of the Planning Board for cause and after public hearing.

F. The Town Board shall designate a member of the Planning Board to act as Chairman thereof as well as Vice Chairman thereof. Upon failure to do so, the Planning Board shall elect a Chairman from its own members, who shall serve until such appointment by the Town Board.

[Amended 4-11-2012 by L.L. No. 4-2012]

G. The Planning Board may adopt rules and regulations in respect to procedure before it and in respect to any subject matter over which it has jurisdiction, after public hearing by the Planning Board and subject to the approval of the Town Board.

§ 156-60 Powers and duties.

[Amended 8-7-2013 by L.L. No. 4-2013]

A. The Planning Board shall have power and authority to employ experts, clerks and a secretary and to pay for their services and such other expenses as may be necessary and proper, not exceeding in all the appropriation that may be made therefor by the Town Board.

B. The Planning Board shall have all the powers and duties prescribed by law and by this chapter, which are more particularly specified as follows, provided that none of the following provisions shall be deemed to limit any power of said Board that is conferred by law:

(1) The Planning Board shall have full power and authority to make such investigations, maps and reports and recommendations in connection therewith relating to the planning and development of the Town.

(2) The Planning Board shall have full power and authority to approve, conditionally approve or disapprove:

(a) Site plan applications, as defined herein.

(b) Subdivision plats in accordance with the Subdivision Ordinance of the Town of Carmel.[1]

[1] Editor's Note: See Ch. 131, Subdivision of Land.

(c) Lot line changes and/or lot line adjustments in accordance with the provisions § 156-61M herein.

(3) The Planning Board may prepare and change a Comprehensive Master Plan for the development of the entire area of the Town, in accordance with § 272-a of the Town Law of the State of New York.

(4) The Planning Board may review any matter or class of matters referred to it by other boards and commissions of the Town of Carmel, as provided by Town law.

§ 156-61 Site plan approval.

A. Review and approval.

(1) Site plan approval by the Planning Board is required prior to the issuance of a building permit for all principal uses and their accessory uses of land, except one- or two-family houses.

(2) Any revision of a site plan shall be subject to the approval procedure as provided herein.

(3) No certificate of occupancy for any structure or use upon or within the site shall be issued until all of the required conditions of site plan approval have been met. The continued validity of any certificate of occupancy shall be subject to continued conformance with the approved site plan and conditions attached thereto.

B. Application details. Application for review of the site plan, together with the application fee, and accompanying site plans and an environmental constraints map, as described in § 131-11F of Chapter 131, Subdivision of Land, of the Town Code, shall be made in 10 copies to the Planning Board Secretary. The fee shall be set by resolution of the Town Board which shall be filed in the office of the Town Clerk. The site plan shall be drawn at a scale not smaller than one inch equals 50 feet, prepared by a licensed architect or professional engineer under his professional seal and shall contain the following information for the site:

[Amended 9-14-1988 by L.L. No. 1-1988]

(1) The name and title of the person preparing the map.

(2) The name of the applicant and the owner, if different from applicant.

(3) The date, scale and North point.

(4) The Tax Map, block and lot number and zoning district in which property is located.

(5) All existing property lines and the name of the owner of each property within a radius of 500 feet.

(6) Topographical information, contour lines at not larger than two-foot intervals and grades of all roads, driveways and sanitary and storm sewers.

(7) The location of all existing water bodies, streams, watercourses, wetlands areas, wooded areas, easements, rights-of-way, streets, roads, highways, freeways, railroads, buildings, structures or any other feature directly on the property or beyond the property if such feature has an effect upon the use of said property.

(8) The location of all existing and proposed easements.

(9) The location of all existing and proposed structures, showing the ground area covered or to be covered by said structures, including all setback dimensions, and identifying their use. All existing and proposed structures shall be illustrated by accompanying floor plans and by front, rear and side elevation sketches drawn to scale. The proposed use of the site shall be indicated. Where applicable, the areas proposed to be used for outdoor selling, display or storage shall be shown. In the case of those sites for which the proposed use is dwelling units, the total number of dwelling units to be shown on the site plan shall not exceed the number as determined in accordance with the following formula: The total acreage of the areas shown on the environmental constraints map shall be subtracted from the total acreage of the parcel being developed. The remaining acreage shall be further reduced by a number equal to 10% of the total acreage of the parcel being developed to allow for roads and utilities. The resulting acreage shall then be divided by the minimum lot area for the zoning district in which the parcel is located to arrive at the total number of dwelling units that will be deemed buildable.

[Amended 7-2-2008 by L.L. No. 2-2008]

(10) The proposed on-site circulation system, access and egress ways and service roads, if applicable, showing the method(s) of providing automotive and pedestrian safety, convenience, access and egress in case of fire or catastrophe and the location, design and treatment of proposed entrances and exits to public rights-of-way, including any possible use of traffic signals, channelization, acceleration and deceleration lanes, marginal roads, additional widths and any other traffic engineering analysis.

(11) The location, design and proposed treatment of sidewalks, paths or other means of pedestrian circulation.

(12) On-site parking and loading spaces and aisles drawn to the dimensions as contained in the definitions of this chapter and according to the requirements of the accompanying schedules of off-street parking and loading facilities.

(13) The location, height and type of exterior lighting facilities proposed.

(14) Signs, if any, according to the accompanying regulations on signs and proposed exterior lighting, with reference to elimination of glare and the ensurance of traffic safety, economic effect and compatibility and harmony with properties in the district.

(15) An estimate of the number of employees who will be using the site on a full- or part-time basis, if applicable, and, if a nonresidential principal use, a description of the operation, including a description of the types of products to be sold, the type of machinery and equipment to be used, if any, and sufficient information to enable the Planning Board to determine the impact which such nonresidential activity may have on adjacent properties.

(16) The location and identification of proposed clubhouses, swimming pools, open spaces, parks or other communal recreational areas and the identification of the persons or entities responsible for their installation and maintenance and users other than residents or their guests.

(17) The location and design of buffer areas, screening devices or other landscaping, including preliminary grading for analysis of drainage water management. A comprehensive landscaping plan shall be provided in accordance with the Town of Carmel Tree Conservation Law,[1] showing schematically the proposed location of trees, shrubs, grass area or other planting and identifying the types and size of trees and plants. Existing trees or wooded areas to be retained shall be so identified.

[1] Editor's Note: See Ch. 142, Trees.

(18) Identification of the type and location of public and private utilities and services, such as water, sewage disposal, etc., including their maintenance facilities, also, identification of the system to be used for storage and removal of trash and garbage.

(19) Any other information required by the Planning Board which is reasonably necessary to ascertain compliance with the provisions of this chapter.

(20) For any area that will be developed in stages, a total development plan must be submitted to the Planning Board in accordance with this section.

(21) In conformance with the New York State Environmental Quality Review Act, the Planning Board shall require an environmental review and an impact statement, if deemed necessary. (See Part 617 SEQR.)

(22) A list, certified by the Town Assessor, of all property owners within 500 feet of all boundaries of the site.

(23) A stormwater pollution prevention plan consistent with the requirements of Article X of this chapter shall be required for site plan approval. The SWPPP shall meet the performance and design criteria and standards in Article X of this chapter. The approved site plan shall be consistent with the provisions of Article X of this chapter.

[Added 12-17-2008 by L.L. No. 7-2008]

C. Review criteria. In reviewing any site plan, the Planning Board shall consider the following:

(1) The site plan's conformity to this chapter, the Subdivision Ordinance,[2] a Town Master Plan and any other applicable codes, laws and ordinances of the Town of Carmel.

[2] Editor's Note: See Ch. 131, Subdivision of Land.

(2) The site plan's proposed traffic flow, circulation and parking, to ensure the safety of the public and the users of the facility. Access to the site from adjacent roads shall be designed so as to interfere as little as possible with traffic flow on these roads and to permit vehicles' safe ingress and egress to and from the site.

(3) Design review criteria.

[Amended 4-8-2015 by L.L. No. 2-2015]

(a) Building plans shall be reviewed in several aspects:

[1] Proportion. The relationship between the width and height of the front elevation of a building should be similar to the adjacent buildings. Proportion can also apply to the relationship between windows and doors and their relationship to the building itself.

[2] Rhythm. The rhythm of the building and its components is the spacing or repetition of architectural elements or details. The regularity, frequency and placement of doors, windows, porches and ramps and the placement within a facade is a type of rhythm. Rhythm between adjoining buildings can exist when building types are repeated along street.

[3] Scale. Scale is the relationship between architecture and people or between the architectural mass and the space which surrounds it. The scale of the Town of Carmel is intimate in nature. Any building built on a monumental scale will seem out of place and foreign. Certain already-built buildings are deemed inappropriate in some areas of the Town.

[4] Height. New buildings will be in harmony with appropriate buildings and subject to the requirements of the Town of Carmel Zoning Ordinance.

[5] Facade treatment. The exterior features of all buildings should be visually and physically compatible with those facades surrounding them. Components to consider are color, texture and type of building materials. Specific details such as roof shape, cornices and moldings should be repeated to unify buildings and not used to create visual distractions.

[6] Monotony of design in single or multiple building projects shall be avoided. Variation of detail, form and siting shall be used to provide visual interest. In multiple building projects, variable siting or individual buildings may be used to prevent a monotonous appearance.

(b) Development requirements.

[1] Materials will be selected to create harmony with the adjoining appropriate buildings and for suitability to the type and use of the buildings. A building shall use the same materials or those that are architecturally harmonious for all building walls and other exterior building components wholly or partly visible to the public.

[2] Colors shall be harmonious and shall use only compatible accents.

[3] Large mechanical equipment or other utility hardware on the roof, ground or buildings shall be screened from public view with materials harmonious to the building.

[4] Exterior lighting shall be part of the architectural concept. Fixtures, standards and all exposed accessories shall be harmonious with the building design.

[5] Service yards, storage area, yards and exterior work areas shall be screened from public view with materials harmonious with the building and in compliance.

[6] Dumpsters must be placed in compliance with § 96-3C(1) through (10).

(c) Special regulations. Application for development within the Town shall be reviewed, evaluated and determined by the Planning Board. Among criteria for review will be in compliance with the following measures:

[1] Locate the building at a minimum setback line with the maximum length of the building facing along the street to provide frequent and convenient pedestrian connections between buildings and public sidewalks; minimize the public view of large parking areas and service facilities; provide a continuous edge along the street; and visually enclose and define public street space that is comfortable to pedestrians in proportion and scale.

[2] Design and place buildings in order to preserve and enhance special street views. In particular, views of important buildings and natural features, focal points at T-intersections and views along curbs and roadways should be encouraged.

[3] Position new buildings to insure the adjacent properties have visual privacy and sunlight as well as protection from the new development's site illumination, noise and odor.

[4] In terms of shape, style, rooflines, color and materials, buildings shall be designed to complement and contribute to a desirable community character.

[5] Design landscaping and building adjacent to historic properties that are complementary to the significant historical features.

[6] Design and position buildings to screen unsightly elements, such as shipping and loading areas, transformers, dumpsters and meters, from public view.

[7] Design the building roof to screen mechanical equipment from view and contribute to an attractive visual setting.

[8] Design the building to insure adequate blending of the storm drainage requirement with the local environment.

[9] Provide a minimum ten-foot "buffer island" which shall be landscaped (trees, bushes, flowers, etc.) in front of all nonresidential lots.

[10] Provide a minimum twenty-foot landscaped buffer area/zone on all sides of site plan bordering residentially zoned properties. For purposes of this section, landscaping shall include evergreen trees, plantings and/or shrubbery which in the discretion of the Planning Board shall minimize impact of proposed site plan improvements upon neighboring residential properties.

(4) A landscaping element as part of the overall site plan design to be integrated with the arrangement of building, topography, parking and buffering proposals. The landscaping proposal may include trees, bushes, shrubs, plants, ground cover, sculpture, art and the use of building and paving materials in a design and of materials that would be compatible with the building design.

(5) The height, density and the type of planting, proposed as buffering, to be located around the perimeter of the site to minimize the glare of headlights, light from structures, noise and movement of people and vehicles and the on-site activities from adjacent properties, where necessary. Buffering may consist of fencing, trees, shrubs, bushes or combinations thereof to achieve the stated effect.

(6) The adequacy of the proposed lighting to ensure safe movement of persons and vehicles and for security purposes. Lighting standards shall be of a type approved by the Planning Board. Lights shall be arranged so as to minimize glare and reflection on adjacent properties.

(7) Signs, as per the regulations of this chapter, which shall be designed to be aesthetically pleasing, harmonious with other signs on the site and located so as to achieve this purpose without constituting hazards to vehicles and pedestrians.

(8) Storm drainage, sanitary waste disposal, water supply and garbage disposal shall be reviewed and considered with particular emphasis given to the adequacy of existing systems and the need for improvements to adequately carry runoff and sewage and to maintain an adequate supply of water at sufficient pressure.

(9) Environmental elements relating to soil erosion, preservation of trees, protection of watercourses and resources, noise, topography, soil and proposals designed to minimize any adverse impact on these elements.

D. Regulations applicable to the location and design of public and private utilities and services.

(1) Adequate provision shall be made for a sewage disposal system which shall be of sufficient size, capacity and design to collect and dispose of all sewage from all present and proposed buildings and which shall be otherwise constructed and maintained in conformity with all applicable state, county and Town regulations and requirements.

(2) Adequate provision shall be made for a storm drainage system which shall be of sufficient size, capacity and design to collect, carry off and dispose of all predictable surface water runoff within the area and which shall be otherwise constructed and maintained in conformity with all applicable state, county and Town regulations and requirements.

(3) Adequate provision shall be made for a potable water system which shall be of sufficient size, capacity and design to supply potable water to each of the buildings to be erected in the development and which shall be otherwise constructed and maintained in conformity with all applicable state, county and Town regulations and requirements.

(4) Adequate provision shall be made for the collection and disposal of garbage, trash and solid waste, and such system shall be maintained in conformity with all applicable state, county and Town regulations and the requirements of § 131-14H and K.

E. Public hearing.

(1) Within 45 days of the receipt of a complete application, together with the public hearing fee, as set by resolution of the Town Board which shall be filed in the office of the Town Clerk, a public hearing on the site plan application shall be held by the Planning Board. Such hearing shall be advertised at least once in the official newspaper of the Town at least five days before such hearing.

[Amended 9-14-1988 by L.L. No. 1-1988]

(2) The applicant shall notify by mail at least five days prior to the hearing all owners of property within 500 feet of the extreme limits of the site, as their names appear on the municipal tax record. Said notice shall be on forms prescribed by the Planning Board and shall state the time and place of hearing, a brief description of the proposal and that a copy of the plan is on file with the Planning Board Secretary for public inspection. Proof of service shall be filed with the Planning Board prior to the hearing.

F. Action by Planning Board. The Planning Board shall, by resolution, either approve, conditionally approve or disapprove the site plan application within 45 days of the date of the public hearing. The applicant, however, may grant an extension, not to exceed 45 days, of the time within which the Planning Board must act. The decision of the Planning Board shall immediately be filed in the office of the Town Clerk, and a copy thereof mailed to the applicant.

G. Effect of inaction. In the event that the Planning Board fails to take action on a site plan within the time prescribed therefor, the application shall be deemed to be approved, and a certificate of the Clerk of the Town as to the date of submission and the failure to take action within such prescribed time shall be issued on demand and shall be sufficient in lieu of written endorsement or other evidence of approval as herein required.

H. Amendments to an approved site plan. Requests for amendments to an approved site plan shall be acted upon in the same manner as the application for the approval of the original site plan. However, nonsubstantive changes to a site plan which do not change the intent of the approved site plan relative to building location, square footage, on-site circulation or minor revisions to the proposed drainage plan will not require a public hearing. The Planning Board shall determine if an amendment to an approved site plan is a substantive or nonsubstantive change, based on testimony from the applicant and the Board's professional staff.

I. Duration of approval. Unless construction is commenced within 12 months of the date of approval of a site plan and completed in accordance with this chapter, such approval shall become null and void. If there is no substantial change in the condition of the site and/or its environs and upon request of the applicant, a site plan approval may be extended by the Planning Board for one additional period of 12 months.

J. Bonding and inspection.

(1) The Planning Board, in conjunction with the Town Engineer, shall set the amount for a performance bond to cover the full cost of the required improvements shown on the approved site development plan. Such bond shall insure to the Town of Carmel that the applicant will conform to the approved plan and all applicable regulations. The bond shall become effective only after the Town Attorney shall have approved the form, surety and manner of execution.

(2) The Town Engineer or other duly designated official shall inspect the required improvements during construction to assure their satisfactory completion.

(3) The bond shall be released or reduced only by the Town Board and only after certification by the Planning Board that all or part of the required improvements have been completed in conformance with the approved plan and all applicable regulations.

K. Fees. The applicant shall pay to the Town of Carmel an engineering fee consisting of a percentage of the full cost of the required improvements as shown on the site development plan. The percentage shall be set by resolution of the Town Board which shall be filed in the office of the Town Clerk. In addition, for those site plans containing senior citizen multifamily dwellings, the applicant shall pay to the Town of Carmel a recreation fee as set by resolution of the Town Board of the Town of Carmel which shall be filed in the office of the Town Clerk. The site development plan shall not be signed by the Chairman of the Planning Board (or Acting Chairman) until such fees have been paid.

[Amended 11-26-1986; 9-14-1988 by L.L. No. 1-1988; 5-17-2006 by L.L. No. 4-2006]

L. Waiver of site development plan approval.

(1) Site development plan approval as required in this chapter may be waived, in whole or in part, when the site development is for a conforming use or occupancy that will not enlarge an existing building and where said conforming use or occupancy would also conform to all other requirements of this chapter. For said waiver, the applicant shall submit to the Planning Board a written request (in 10 copies), setting forth the following:

(a) A detailed statement of the applicant's proposed use of the building or property, including detailed information on the conformity and adequacy of the on-site parking and loading facilities, signs, number of employees and all other applicable information required by this chapter and other Town ordinances for the proposed use in the zone in which said use is located.

(b) The applicant's reasons for requesting a waiver of all or part of the site development plan requirements of this chapter.

(2) In considering a request for a waiver of site development plan approval, the Planning Board shall consider the standards and other requirements for said site development plan approval as contained in this chapter. The Planning Board shall make findings that the approval of the waiver does not impair the intent and purposes of the site development plan requirements of this chapter.

(3) The Planning Board's findings and written approval or disapproval with or without conditions shall be forwarded to the applicant and the Building Inspector or other Town agency or department, where appropriate.

(4) No fee shall be required for making a request for waiver of site development plan approval.

(5) Where a request for waiver of site plan submission is filed for a site which is developed in accordance with an approved site plan which meets all the requirements of this chapter, including use, parking and landscaping, the Office of the Building Inspector may review and approve or disapprove the waiver request, in accordance with the regulations contained within this subsection. The Building Inspector shall notify the Planning Board of any application for a waiver of site plan submission that was received by that office and the action taken on the application.

M. Lot line adjustment/lot line change.

[Added 8-7-2013 by L.L. No. 4-2013]

(1) Definition. "Lot line adjustment" and/or "lot line change" shall be defined as any change in existing property lines between two or more adjoining properties, excluding the joinder or combination of one or more lots into a larger single parcel.

(2) Submission requirements.

(a) In order that the Planning Board may adequately understand the proposed lot line adjustment, the initial submission shall consist of eight copies of the following documents:

[1] Application form.

[2] Copies of all prior actions of the Town Board, Zoning Board of Appeals, and any other county, state, or federal agency.

[3] Copies of any restrictions or easements on the land (copy of deed).

[4] Lot line adjustment plan. The lot line adjustment plan shall contain the information as outlined in § 156-61M(4)(a)[1] through [13].

[5] A short-form environmental assessment form (EAF).

(b) The review fee for lot line adjustment consideration in an amount as set forth by the Town Board and accepted in the Town of Carmel Annual Fee Schedule.

(3) Procedures for the review of a lot line adjustment.

(a) An application for a lot line adjustment shall be submitted to the Secretary or Clerk of the Planning Board at least 14 days prior to a regular meeting of the Board accompanied by 10 copies of the items described in Subsection M(4)(a).

(b) A lot line adjustment plan shall not be considered complete until a negative declaration has been filed or until notice of completion of the draft environmental impact statement (DEIS) has been filed in accordance with the provisions of the State Environmental Quality Review Act (SEQRA). The time periods for review of such plat shall begin upon filing of such negative declaration or such notice of completion.

(c) Within 62 days of the receipt of a complete application the Planning Board, by resolution, shall disapprove or approve, with or without modifications and/or conditions, and authorize the signing of the plat.

(d) A conditional final approval of a lot line adjustment plat shall expire within 180 days of the approval if the conditions of the approval have not been complied with. The signature of the duly authorized officer(s) of the Planning Board shall constitute final approval by the Planning Board of the plat. Final plat approval shall expire within 62 days of the signing of the plat, unless such plat has been filed or recorded by the owner in the office of the County Clerk.

(e) A lot line adjustment shall not result in additional lots, any lot becoming substandard nor increase/decrease any lot by more than 20% or 20,000 square feet of its original lot area.

(4) Lot line adjustment details.

(a) Lot line adjustments submitted to the Planning Board shall be drawn to a scale of not more than one inch equals 50 feet, submitted on uniform size sheets not more than 36 inches by 48 inches and shall show the following information:

[1] Proposed project name or identifying title (must include "lot line adjustment" in the title).

[2] Date, North point, and scale.

[3] Name, address, seal and signature of professional engineer or land surveyor preparing the plat.

[4] A key map at a scale of one inch equals 800 feet, showing the relation of the portion to be subdivided to the entire tract and the relation of the entire tract to its neighborhood for at least 1,000 feet beyond its boundaries.

[5] A legend, including names of all adjacent landowners and those within 500 feet of any property line; zoning district the site is located in with the requirements of said zone compared to the proposed standards, as well as the abutting zones in the subdivision; and names and addresses of owner(s).

[6] All proposed lot lines, dimensions in feet and the areas of all lots in square feet; metes and bounds description of all proposed lot lines.

[7] The location of proposed setback lines (setback envelope).

[8] Existing or proposed covenants or deed restrictions applying to the site.

[9] Location, composition, and approximate size of all monuments.

[10] Signature bock for Planning Board Chairman to endorse approved plat.

[11] Label "old" and "new" property lines.

[12] Location of all structures, wells, and septic systems.

[13] Putnam County Department of Health approval.