[Amended 3-13-2007 by L.L. No. 8-2007]
The purpose of this section is to encourage
development of mixed-use communities including common open space and
recreation areas and, further, to encourage the maximum creativity
in development and the use of land and open space in those areas.
In order to permit flexibility in the development process, basic development
goals and standards are provided by this chapter, but specific development
requirements including off-site improvements will be imposed by the
Town Board and the Planning Board.
A.
Intent and purposes. It is the intent and purpose
of this section to create a Community Betterment District (CBD) by
special permit on one or more designated sites and in proper locations,
so as to provide:
(1)
Variety of housing types. Provide the opportunity
for the creation of a wider variety of housing types, including affordable
housing, in the Town, ranging from single-family for those persons
working and living in the Town of Cortlandt, including both elderly
and young households, families of moderate income and small families.
(2)
Creative use of large tracts. Encourage the creative
use of large tracts located along the following major state highways,
Route 6, Route 202/35 and Route 9A. Establish a more desirable living
environment than would be possible through traditional subdivision
in accordance with the conventional standards established elsewhere
in this article.
(3)
Flexibility of design and development. Permit flexibility
of design and development in such a way as to promote superior land
planning design, greater economy, efficiency and convenience in the
arrangement of land uses and their supporting infrastructure, preserve
open space and protect floodplains, wetlands, steep slopes, biodiversity,
trees and other natural features.
(4)
Service and utilities. Encourage orderly and well-planned
development of a scale and location that will make it feasible to
construct a comprehensive package of supporting utilities, services
and facilities, active and passive recreation facilities, a stormwater
control and retention system, etc., so as to achieve developments
which are environmentally, physically, visually and economically superior.
(5)
Traffic circulation. Encourage orderly development
of sites with substantial frontage on state highways to provide safe,
efficient access and traffic circulation.
(6)
Master Plan. Promote a development pattern in harmony
with the objectives of the Town's Master Plan.
(7)
Preservation. Maximize the preservation of slopes
over 15%, wetlands, flood-prone areas, historic structures or areas,
unique, natural or geographic formations, rare vegetation or habitats
of endangered wildlife, lakes, ponds, significant recreational areas
or resources, trails, bikeways, pedestrian routes and significant
scenic routes, particularly ridge lines, water bodies and mountains.
Conservation easements shall be established to protect and preserve
environmentally sensitive land in a manner so as to preserve the natural
and scenic qualities of open lands and creating connectivity with
adjacent open space, when applicable.
(8)
Adequate review. Provide adequate review and supervision
of development by requiring both conceptual and specific plan approvals
for properties rezoned by legislative action to the CBD Zone.
(9)
Add to the recreational inventory of the Town. Projects of this nature will be required to either propose new public recreation areas or to pay a recreation fee as required under § 265-11 of the Subdivision Ordinance.
(10)
Protect NYC DEP watershed properties. CBDs will
not be entertained by the Board for any parcel of land that is wholly
or partially within any NYC DEP watershed regulated area.
(11)
Assisted living. To address a potential need
to accommodate less-independent individuals, allow CBDs to be created
at a higher density for the purposes of assisted living for senior
citizens. Allow a limited amount of medical-type space (pharmacy/doctor's
office) which would be accessory to the assisted living use.
B.
Eligibility. This section creates a CBD Zone and sets
forth standards under which properties shall be considered eligible
for legislative consideration for possible rezoning into the CBD Zone.
(1)
The lands proposed for rezoning may consist of one
or more parcels totaling 25 or more contiguous acres. At least one
of the parcels constituting the lands proposed for rezoning must possess
at least 100 feet of frontage and access on a state highway. State
highways are Route 6, Route 202/35, and Route 9A. The lands proposed
for rezoning must also meet the other criteria and qualifications
set forth in this article.
(2)
A minimum of 10% of the final unit count shall meet
the Westchester County definition of affordable housing. Town of Cortlandt
residents shall have preference for the affordable units.
(3)
While only lands considered eligible under these criteria
may be considered for placement within the CBD Zone, there shall be
no presumption that lands so considered eligible will ever be rezoned
into the CBD Zone. The decision to rezone, or to decline to rezone,
any particular properties into the CBD Zone is a purely legislative
determination entirely within the legislative discretion of the Town
Board. The Town Board shall have the right to reject any petition
for CBD rezoning at any stage of the proceedings. The Town Board shall
also have the authority to rezone lands into the CBD Zone as a direct
action in the absence of a petition.
C.
Uses within the CBD Zone.
(1)
Residential uses. Detached, semidetached or attached
one-family dwelling.
(2)
Accessory commercial uses. The Town Board may consider
commercial uses, retail shops, personal service shops, professional
offices and small grocery stores and other as-of-right uses found
in a Community Commercial Zone as a component of the CBD project.
(3)
Other accessory uses. Accessory uses permitted in
the CBD Zone shall be limited to the following: playground equipment;
pools and cabanas; sports courts; gazebo(s); home occupation with
no nonresident employee; clubhouse; garage; storage shed, ball fields,
bikeways and nature trails.
D.
Development standards and controls.
(1)
Density. At the time of any rezoning of a parcel into
the CBD Zone, the Town Board shall set the density in accordance with
this section.
(a)
The base density in a CBD shall be three units
or up to a maximum of six bedrooms per acre. However, the Town Board
shall have the authority with a super vote, where a minimum of four
out of the five Town Board members vote in the affirmative, to allow
density of up to five units or up to a maximum of 10 bedrooms per
acre where, in its sole discretion, it finds that a clear public good
is being provided which addresses and mitigates both of the impacts
identified in the draft generic environmental impact statement, e.g.,
groundwater contamination and traffic congestion. Examples of such
public good that would be considered by the Town Board include an
increase in affordable housing, provision or facilitation of availability
of municipal or central water and sewer facilities to serve an extended
area and provision for material transportation enhancement, such as
a bypass road or traffic intersection improvements, which would directly
improve traffic congestion.
(b)
For purposes of density calculation, all acreage, including lands donated or dedicated to municipal purposes, wetlands and steep slopes, shall be included. It should be noted that the applicant must adhere to all provisions of Chapter 259, Steep Slopes, and Chapter 179, Freshwater Wetlands, and biodiversity guidelines and all other environmental regulations that may apply.
(2)
Minimum lot dimension.
(a)
Single-family detached units. In no case shall
single-family detached housing units be placed on lots smaller than
1/8 acre or 5,000 square feet.
(b)
Multifamily, attached and semidetached units
(townhouse, condominium, co-operative, rentals). In no case shall
the total number of units in a multifamily, attached, semiattached
building exceed six units.
(3)
Bulk and area requirements not addressed in the CBD
regulations will be established by the Planning Board for each project
as part of site development plan approval.
(4)
Building height. The maximum permitted building height
within a CBD shall be 35 feet.
(5)
Maximum coverage. The maximum permitted gross building
coverage on any CBD site shall be 20%.
(6)
Screening and buffering. The minimum buffer area shall
be 100 feet as measured from the property boundary of the CBD to the
nearest structure and/or improvement. In reviewing the development
plan, the Planning Board shall consider the setback and proposed screening
of parking and active recreation areas and may require buffer areas
of up to 150 feet. Buffer and screening areas shall be landscaped
or left in their natural state, where appropriate. The Planning Board
may require additional landscaping to screen utility buildings, refuse-collection
areas, cooling systems and other similar installations and features.
The Planning Board, as part of site development plan approval, may
modify the requirements of this subsection when it determines that
the specific circumstances of a particular site make adherence to
the requirements of this subsection unwarranted or impractical and
require alternative buffering means which achieve the purposes of
this subsection. The reasons for any such modifications must be expressed
and placed into the official record of the Planning Board.
(7)
Open space and recreation areas. At least 1/3 of the
gross acreage of any CBD site shall consist of land which is used
for recreational purposes and/or preserved as permanent open space.
(8)
Unit design considerations. For CBDs with attached
and semidetached units, in order that such subdivisions will be properly
planned in relation to the community and personal needs of people,
the following design elements shall be considered by the Planning
Board in addition to the specific provisions of the land subdivision
regulations and the normal factors examined in the site plan review:
(a)
Need for personal privacy. Visual privacy shall
be preserved for residents through the proper design of rear yards
and/or patio spaces. Proper screening through the use of vegetation,
fencing and partially enclosed patios shall be provided.
(b)
Need for maintaining the scale of building to
ensure compatibility with natural and man-made surroundings. In no
case shall the total number of units in a building exceed six to ensure
that semidetached units will be compatible with the character of surrounding
development and to ensure a pleasant environment for the residents
of such units through maximizing views and by providing a close relationship
to immediately adjacent open space at the sides of units as well as
to the front and rear.
(c)
The Planning Board may, where it deems necessary,
limit the number of dwelling units per building to less than six.
(d)
With the exception of patios or decks, the size
of the building shall not be allowed to increase for any reason after
approvals are given.
(9)
Layout design considerations given the need for preserving
existing neighborhood identity and community character. The Planning
Board shall consider the layout of small neighborhoods or clusters
within the development, each having some open space immediately surrounding
it, as a goal of proper site planning so that a massive concentration
of units, with little or no differentiation, can be avoided.
(10)
Vehicular circulation system and traffic access.
All streets and driveways within a CBD shall be designed to adequately
serve their intended traffic function and the anticipated volume of
traffic of the development.
(11)
Pedestrian circulation system. In each CBD,
a pedestrian circulation system shall be designed and installed in
addition to the vehicular circulation system, which is sufficient
for the needs of CBD residents. Such a system might be composed of
paved and unpaved walkways and bikeways of appropriate width, design
and location to serve their intended function.
(12)
Add to the recreational inventory of the Town. Projects of this nature will be required to either propose new public recreation areas or to pay a recreation fee as required under § 265-11 of the Subdivision Ordinance.
(13)
Protect NYC DEP Watershed Properties. CBDs will
not be entertained by the Board for any parcel of land that is wholly
or partially within any NYC DEP watershed regulated area or within
1,000 feet of any state or county park.
(14)
Utilities and services.
(a)
Underground lines. All televisions, power and
communication lines, as well as water, sewer and storm drainage lines,
shall be installed underground in the manner prescribed by the regulations
of the government agency or utility company having jurisdiction.
(b)
Approval. All buildings within CBDs shall be
served by a public central water and sewage treatment systems as approved
by the appropriate government agency or agencies having jurisdiction
thereof.
(c)
Future needs. Where facilities are provided,
they shall be planned in such a way as to anticipate future utility
needs, and wherever reasonably feasible, shall be sited to reduce
the capital costs associated with any future central utility construction.
(d)
Television hookups. Television hookups shall
either be by cable television or alternate wireless systems.
(e)
Refuse collection. The CBD shall provide an
adequate means of collection and storing refuse, including the agreement
to provide compactors and a centrally located refuse-collection site
on premises. Any outside storage and garbage shall be in centrally
located containers designed to prevent rodent infestations and shall
provide sufficient screening as determined by the Planning Board.
(f)
Cooling systems. Cooling systems shall be designed
so as to minimize adverse aesthetic impact and noise.
(g)
Surface water runoff. Surface water retention
facilities shall be developed so that the rate of stormwater runoff
after construction is no greater than the rate of runoff prior to
development. Furthermore, all Stormwater II state regulations shall
apply.
(h)
Placement of utilities. Where possible, all
utilities shall be placed within the right-of-way and all possible
steps shall be taken to assure ease of future maintenance.
(i)
Energy efficiency. The plan for development
of any site within CBD shall be designed, constructed and arranged
in such a way as to promote energy efficiency and encourage the use
of alternative energy sources, such as geo-thermal and active or passive
solar systems to achieve a home energy rating of 85% or higher on
a scale created under the home energy rating system established pursuant
to the National Home Energy Rating Technical Guidelines issued by
the National Association of State Energy Officials, dated September
19, 1999.
[1]
All new residential construction, single family
detached units, multifamily, attached and semi-detached units (townhouse,
condominium, cooperative, rentals) and all permitted commercial construction
shall achieve this Energy Star compliance via:
[a]
Utilization of a certified Building
Performance Institute (BPI)contractor;
[b]
All electrical appliances shall
be Energy Star-labeled units, if available on the market at the time
of building permit issuance;
[c]
Any combination of energy alternative
sources, design, and construction standards of NYSERDA to achieve
the home energy rating of 85% or higher.
[2]
Certificate of occupancy issuance by the Town
will require the developer to obtain at their sole cost and expense
a labeled qualification form required by NYSERDA which shall be submitted
to the Town Department of Technical Services, Code Enforcement Division.
(15)
Affordable component. A minimum of 10% of the
proposed units must meet the definition of the Westchester County
Affordable Housing Guidelines.
E.
Preapplication procedure. The applicant may, prior
to formal submission of his CBD application, meet in a preapplication
conference with the Town Board and/or Town staff to review the requirements
and procedures defined herein and to discuss the general planning
concepts for the proposed development.
F.
Contents of application.
(1)
The application for rezoning by special permit to
CBD and site development approval shall consist of the following:
(a)
CBD Development Plan. The CBD Development Plan
shall be drawn at a scale of not less than one inch equals 100 feet
and may consist of one or more sheets indicating the following information:
[1]
Ownership. Property lines and the names of all
adjoining streets and property owners.
[2]
Site and neighboring uses. A map and photographs
showing the uses of land on the site and adjacent to the site. A location
map showing roads, parcels, buildings and zoning districts within
500 feet of the proposed site.
[3]
Applicant and owner. The name and address of
the applicant, the property owner, and if the applicant is other than
the property owner, evidence of his authority to act, and name and
address of the planner, engineer, architect, surveyor and/or other
professionals engaged to work on the project.
[4]
Topography. Topographic information, including
contours with a vertical interval of no more than two feet and shall
be in 1929 NYSVD.
[5]
Features. Existing natural and man-made features,
including streams, wetlands, significant outcroppings, stone walls,
floodplains, slopes over 15%, slopes over 30%, buildings and other
improvements.
[6]
Circulation. The proposed elements of the vehicular
and pedestrian circulation system.
(b)
Land use plan. A land use plan showing the uses
proposed on the site including open spaces and recreation area(s).
The location of residential areas, their type, size, composition and
any area of nonresidential use, site reserved for public utilities,
etc.
(c)
Shadow plan. Shadow plan indicating shadows
cast by all proposed buildings at the winter solstice (December 21),
for the purposes of assuring access to sunlight.
(d)
Utilities and services. The nature and location
of all utility and service systems and facilities, including sewer,
water, storm drains, public utilities, refuse collection and antenna
hookups.
(e)
Written statement. The written statement accompanying
the CBD development plan shall consist of a text description of the
proposed plan indicating how it will serve to implement the intent
and purpose of such developments as set forth in this section, a preliminary
analysis estimating the various quantitative elements of the plan,
including the number of residential dwelling units (by type) calculated
in accordance with the allowable density formula, the amount of nonresidential
floor space, the number of off-street parking facilities, as well
as the types of planned recreation facilities, proposals for the construction,
operation and maintenance of all recreation facilities, open space,
parking areas, walkways, utilities, roads and other common lands and
facilities will be assured. The statement shall include a table or
listing showing how each of the development requirements of this article
has been met in the proposed plans.
(f)
Staging plan. A proposed plan indicating the
approximate staging of building construction and related improvements
within the CBD, including the general order of construction and the
estimated timing of each stage. The staging plan shall be designed
to assure that future residents of the first sections of the CBD shall
have adequate services, including all utilities, streets, recreational
facilities and landscaping, to suit their needs, even if future stages
do not materialize.
(g)
Environmental documents. The application must
in all respects comply with the New York State Environmental Quality
Review Act (SEQR). A full Environmental Assessment Form shall be submitted
to the Planning Board. If determined necessary, an EIS will be prepared
in accordance with the requirements of SEQR, which will describe the
anticipated physical impacts of the proposed development, including
any negative impacts that may result and actions planned by the applicant
to mitigate them.
(h)
3-D model. The Planning Board and/or Town Board
may require the applicant to prepare a 3-D model of the proposed building(s)
for review by the Boards.
(i)
List of approvals required. A list of approvals
required from various governmental agencies prior to proceeding with
the first stage and any subsequent stage of development.
(2)
Fee. The application and supporting documentation
shall be accompanied by a nonrefundable filing fee of $5,000. If the
application is referred to the Planning Board for further consideration,
the Planning Board application fee shall be set from time to time
by the Town Board. Currently, the fee recommended at the time of the
adoption of this section is $1,000 per unit. In addition, if an EIS
is required, an escrow deposit will be set in accordance with SEQR.
Site plan review for each phase of development may require additional
fees.
(3)
Twenty-five copies of all of the above shall be submitted.
G.
Approval process. The approval of a CBD can only be
granted by a special permit by the Town Board subject to the following
procedure:
(1)
Step 1: Submission of the CBD application to the Town
Clerk. The applicant shall submit his application and fee of $5,000
for formal legislative rezoning of the CBD Zone and site development
plan approval to the Town Clerk who shall place it on the next available
agenda of the Town Board.
(2)
Step 2: Preliminary Town Board action. The Town Board
will make a determination of the completeness of the application after
a review with appropriate departments.
(3)
Step 3: If the Town Board wishes to advance an application,
the CBD application is referred to the Planning Board with or without
the Town Board's suggestion for offsite betterments. At this step,
the applicant is required to pay an additional fee to the Town at
the rate as established by the Town Board for subdivisions or site
plans at the time of application.
(a)
Other referral. To further assist in its rezoning
review, the Town Board and/or Planning Board may refer the proposed
CBD development plan any such agencies or officials of the Town, county
or state government as the Board may determine appropriate.
(4)
Step 4: Review of the CBD application and site development
plan by the Planning Board.
(a)
The CBD application and site development plan
application is referred to the Planning Board for SEQRA review and
recommendation to the Town Board. During this step, the Town Board
will receive periodic updates from the Planning Board as part of the
coordinated review procedure. If the Town Board deems it necessary,
it may schedule additional Joint Planning Board/Town Board meetings.
(b)
Upon completion by the Planning Board of the
SEQRA review, the Planning Board will then recommend to the Town Board
that the CBD be approved or denied. Said recommendation shall include:
[1]
Legal assurances. The applicant is required
to submit a title report of the subject property to the Town's legal
department. Each application for detailed site plan approval shall
be accompanied by appropriate legal documents as may be necessary
to provide for and assure that continued proper future maintenance
and ownership responsible for all common areas, facilities and utilities
within each stage of development or section thereof.
[2]
Other assurances. The Planning Board may condition
its approval upon the applicant obtaining any other necessary approvals,
licenses or permits from the appropriate Town, county, state or federal
agencies having jurisdiction thereof.
[3]
Compliance with standards. In arriving at a
recommendation to the Town Board to approve or disapprove the CBD
development plan application, the Planning Board shall have conducted
a SEQRA review to determine whether the proposed uses meet the standards
set forth in this section.
(5)
Step 5: Decision of Town Board.
(a)
Upon receipt of the Planning Board's resolution
which will recommend action to the Town Board and state appropriate
conditions, including items such as posting of a performance bond,
erosion control security, inspection fees, etc., if the Town Board
elects to proceed, the Town Board shall schedule a public hearing
and following said hearing, may by resolution, act either to approve,
approve with modification or disapprove the CBD development plan application.
(b)
If approved, the application will be referred
back to the Planning Board for site development plan and/or preliminary
and final subdivision approval. There will be no additional fees at
this step.
(6)
Step 6: Site development plan approval and subdivision
approval by the Planning Board. Upon receipt of the Town Board's approval
of the project, the Planning Board shall grant preliminary and final
subdivision and site development plan approval consistent with the
Town Board's approval.
[Added 11-21-2000]
A.
Purpose. The purpose of this section is to encourage
development of affordable residences for senior citizens to live independently
and provide for expansion of such use in existing legal nonconforming
Senior Citizens Developments (LN/SCD). Such uses are intended also
to provide for common areas for recreation and community activities
designed specifically for senior citizens. The Town Board hereby finds
that there is a significant unmet need for such housing in the Town
of Cortlandt.
B.
Definition. "Senior citizen" shall be defined for
the purposes of this section as single individuals 55 years of age
or older, or households in which at least one of the members is 55
years of age or older.
C.
Approval procedures.
(1)
Approval of a LN/SCD may only be granted by
a special permit from the Town Board in connection with properties
which are currently devoted to senior citizen housing and which use
is legal, nonconforming in the District in which the property is located.
(2)
Developers of a proposed LN/SCD are encouraged
to meet with the Town Board prior to submittal of special permit applications.
(3)
Procedures for submission and approval of the special permit application are contained in Article X of this chapter.
(4)
When development is projected to take place
over a number of years, approval of the LN/SCD may be phased. An initial
special permit may be given for approval of the general plan, including
land use, density, circulation systems, utilities and other infrastructure
and other basic elements. Prior to any construction in a particular
phase of the project, all required approvals, such as site development
plan approval, subdivision approval and/or other approvals, must be
obtained.
D.
Development objectives. LN/SCD's shall be designed
to meet the following objectives:
(1)
An LN/SCD shall contain residential units which
are traditionally associated with accommodating senior citizens at
an affordable rental or purchase price, with community and civic activities,
open space and recreation areas.
(2)
Within basic topographic and site boundary configurations,
the layout of the senior citizen residential units shall be compact,
with buildings located close to street lines. Perimeter boundaries
to the development of the additional units shall be established by
open space buffers in order to maintain the self-contained identity
of the development and to prevent the sprawl of development to other
areas.
(3)
Transportation facilities shall be designed
to minimize the use of the automobile within the LN/SCD and, to the
extent possible, to promote the use of public transportation to and
from the site. Pedestrian walks and driveways shall be provided to
link the additional senior citizen residential units to the existing
site elements, to the extent practicable.
E.
Standards and conditions. No LN/SCD special permit
shall be granted unless the following requirements are met:
(1)
Minimum land area, which may include more than
one parcel: 30 acres, comprised of the existing and proposed senior
citizen residential units and common facilities.
(2)
Location. LN/SCD's shall be located so as to
avoid disturbance of environmentally sensitive areas and scenic landscapes.
(3)
Water and sewer service. The residential units
shall be connected to central water and sewer systems.
(4)
Highways. The project shall have sufficient
access to public highways such that there shall be no decrease in
the level of service on the Town highway system as a result of the
project.
(5)
Density of development.
(a)
The maximum allowable intensity of development,
comprised of the existing and additional senior citizen residential
units, shall be as follows: 20 residential units per acre.
(b)
These limits may be modified by any incentive
zoning provisions authorized by local law.
(c)
Not more than 2% of the total of the existing
and additional senior citizen residential units may be devoted to
use by staff employed by the owner or operator of the LN/SCD, while
such staff's employment is related to the operation or maintenance
of the subject property.
(6)
Required open space. Open spaces shall be maintained
for active or passive recreation use and shall exclude parking areas
and driveways and shall be unbuilt upon except for outdoor recreation
facilities and landscaping elements such as benches, fountains and
sculptures.
(7)
Building coverage, landscaping and yards.
(a)
Building coverage for residential uses shall
not exceed 30% of the total area comprising the existing and additional
senior citizen residential units.
(b)
Lot coverage for landscaping and open spaces
shall not be less than 25% of the total area comprising the existing
and additional senior residential units.
(c)
Landscaping in street rights-of-way and public
open spaces shall include, as appropriate, street trees, street furniture,
window boxes, planters, lighting and other features.
(d)
Yard dimensions shall be such that a compact
development pattern with buildings located close to the streets is
achieved.
(8)
Land uses.
(a)
Land uses shall include senior citizen residential
uses, multifamily dwellings and accessory uses such as community and
civic activities and recreation uses.
(b)
All additional senior citizen residential units
granted under a LN/SCD special permit shall meet the affordable housing
standards adopted by Westchester County, as may be amended, from time
to time.
(c)
LN/SCD special permits may be granted in all
residential districts.
(9)
Setback buffer requirements. Except where a
LN/SCD abuts another senior citizen development or LN/SCD, a landscaped
open space buffer shall be provided along the perimeter of the site,
which in the opinion of the Town Board is of sufficient width so as
to separate the LN/SCD from adjacent uses.
(10)
Parking.
(a)
Parking shall be provided for the additional senior citizen residential units in the amounts required by Article VIII of this chapter for senior citizen developments.
(b)
Parking areas shall be located conveniently
to the additional senior citizen residential units.
(c)
Shared parking lots and shared driveways shall
be encouraged.
F.
Approval requirements. The Town Board shall only approve
a LN/SCD special permit when it finds the following:
[Added 5-15-2007 by L.L. No. 10-2007]
A.
Intent and purposes. It is the intent and purpose
of this section to create a special permit entitled "Residential Reuse
Special Permit (RRUSP)." This special permit will allow the Town the
opportunity to:
(1)
Construct new multifamily developments to replace
preexisting non-conforming multifamily developments for sale or as
rentals.
(2)
Provide affordable housing units within multifamily
developments.
(3)
The intent is to achieve demolition of preexisting
multi housing units and encourage their reconstruction as attached
or semi-attached housing units.
(4)
Provide the opportunity for a wider variety
of housing types in the Town, including single-family homes, condominiums,
town homes and apartments for elderly and young households and families
of moderate income.
(5)
Purpose. Creative reuse of smaller bungalow-type
developments in the Town. Establish a more desirable living environment
than would be possible through traditional subdivision in accordance
with the standards established elsewhere in this article.
(6)
Master Plan. Promote a development pattern in
harmony with the objectives of the Town's Master Plan; specifically,
those dealing with enhanced visual appearance of the Town.
B.
Eligibility. This article creates a special permit
process and sets forth standards under which properties shall be considered
eligible. In order to be eligible for such legislative consideration,
lands must meet the following criteria:
(1)
Existing parcel or parcels of land that contain
at least three or more preexisting residential units.
(2)
Property may be developed at a maximum density
of 20% over the existing number of residential units.
(3)
At a minimum, all additional units over the
existing number of units shall meet the Westchester County definition
of affordable housing.
C.
Development standards and controls.
(1)
Bulk and area requirements will be established
by the Town Board for each project. The setbacks must comply with
the requirements of the district within which the proposed project
is located unless it can be demonstrated to the satisfaction of the
Planning Board that it is impracticable to comply, in which case the
applicant will be allowed to have such setbacks as may be approved
by the Planning Board but in no event shall they be less than the
setbacks of the existing nonconforming structures.
(2)
Building height. The maximum permitted building
height within a RRUSP shall be 35 feet as determined by the Department
of Technical Services.
(3)
The total number of bedrooms shall not exceed
an average of two bedrooms per unit.
(4)
Maximum coverage. The maximum permitted gross
building coverage over the existing coverage on any RRUSP site shall
not exceed 25% of the existing gross building coverage, except that
the Town Board may allow a greater maximum coverage based on existing
circumstances not to exceed 50%.
[Amended 1-12-2010 by L.L. No. 3-2010]
(5)
Utilities, services and off-site improvements
shall be provided as required by the Town.
(6)
This special permit shall take into consideration the public health, safety and general welfare, the comfort and convenience of the public in general and the residents of the immediate neighborhood in particular and shall make any appropriate conditions and safeguards in harmony with the general purpose and intent of the Zoning Code and particularly with the standards contained in § 307-73.
D.
Application procedure.
(1)
The applicant is encouraged, prior to formal
submission of the application for Residential Reuse special permit,
to meet in a preapplication conference with the Town Board and/or
Town staff to review the requirements and procedures defined herein
and to discuss the general planning concepts for the proposed development.
(2)
The application and approvals procedure is as
follows:
(a)
The approval of a RRUSP can only be granted
by a special permit by the Town Board subject to the following procedure:
[1]
Step 1: Submission of the RRUSP application
to the Town Clerk. The applicant shall submit 25 copies of the application
and fee (to be determined by the Town Board) for the special permit
and site development plan approval to the Town Clerk, who shall place
it on the next available agenda of the Town Board.
[2]
Step 2: Preliminary Town Board action. The Town
Board will make a determination of the completeness of the application
after a review with appropriate departments of the contents of the
application as enumerated below.
[3]
Step 3: If the Town Board wishes to advance
the application, the RRUSP application is referred to the Planning
Board with or without the Town Board's suggestion for offsite betterments.
At this step, the applicant is required to pay an additional fee to
the Town at the rate as established by the Town Board for subdivisions
or site plans at the time of the application.
[a]
Other referral. To further assist
in its rezoning review, the Town Board and/or Planning Board may refer
the RRUSP application to any such agencies or officials of the town,
county or state government as the Board may determine appropriate.
[4]
Step 4: Review of the RRUSP application and
Site Development Plan by the Planning Board.
[a]
The RRUSP Application and Site
Development Plan application is referred to the Planning Board for
SEQRA review and recommendation to the Town Board. During this step
the Town Board will receive periodic updates from the Planning Board
as part of the coordinated review procedure. If the Town Board deems
it necessary, it may schedule additional Joint Planning Board/Town
Board meetings.
[b]
Upon completion by the Planning
Board of the SEQRA review, the Planning Board will then recommend
to the Town Board that the RRUSP application be approved or denied.
Said recommendation shall include:
[c]
Legal assurances. The applicant
is required to submit a title report of the subject property to the
Town's legal department. Each application for detailed site plan approval
shall be accompanied by appropriate legal documents as may be necessary
to provide for and assure that continued proper future maintenance
and ownership responsible for all common areas, facilities and utilities
within each stage of development or section thereof.
[d]
Other assurances. The Planning
Board may condition its approval upon the applicant obtaining any
other necessary approvals, licenses or permits from the appropriate
town, county, state or federal agencies having jurisdiction thereof.
[e]
Compliance with standards. In arriving
at a recommendation to the Town Board to approve or disapprove the
RRUSP Development Plan application, the Planning Board shall have
conducted a SEQRA review to determine whether the proposed uses meet
the standards set forth in this section.
[5]
Step 5: Decision of Town Board. Upon receipt
of the Planning Board's resolution, which will recommend action to
the Town Board and state appropriate conditions, including items such
as posting of a performance bond, erosion control security, inspection
fees, etc., if the Town Board elects to proceed, the Town Board shall
schedule a public hearing, and following said hearing, may, by resolution,
act either to approve, approve with modification or disapprove the
RRUSP special permit application. If approved, the application will
be referred back to the Planning Board for site development plan and/or
preliminary and final subdivision approval. There will be no additional
fees at this step.
[6]
Step 6: Site development plan approval and subdivision
approval by the Planning Board. Upon receipt of the Town Board's approval
of the project, the Planning Board shall grant preliminary and final
subdivision and site development plan approval consistent with the
Town Board's approval.
E.
Contents of application. The Site Development Plan
shall be drawn at a scale of not less than one inch equals 100 feet
and may consist of one or more sheets indicating the following information:
(1)
Ownership. Property lines and the names of all
adjoining streets and property owners.
(2)
Site and neighboring uses. A map and photographs
showing the uses of land on the site and adjacent to the site and
a location map showing roads, parcels buildings and zoning districts
within 500 feet of the proposed site.
(3)
Applicant and owner. The name and address of
the applicant, the property owner, and if the applicant is other than
the property owner, evidence of his authority to act, and name and
address of the planner, engineer, architect, surveyor and/or other
professionals engaged to work on the project.
(4)
Topography. Topographic information, including
contours with a vertical interval of no more than two feet and shall
be in 1929 NYSVD.
(5)
Features. Existing natural and man-made features,
including streams, wetlands, significant outcroppings, stone walls,
floodplains, slopes over 15%, slopes over 30%, buildings and other
improvements.
(6)
Circulation. The proposed elements of the vehicular
and pedestrian circulation system.
(7)
Land use plan. A land use plan showing the proposed
uses of the site including open spaces and recreation area(s), the
location of residential areas, their type, size and composition, any
area of nonresidential use, sites reserved for public utilities, etc.
(8)
Shadow plan. Shadow plan indicating shadows
cast by all proposed buildings at the winter solstice (December 21),
for the purposes of assuring access to sunlight, must be submitted
to the Planning Board.
(9)
Utilities and services. The nature and location
of all utility and service systems and facilities, including sewer,
water, storm drains, public utilities, refuse collection and antenna
hookups.
(10)
Written statement. The written statement accompanying
the special permit development plan shall consist of a text description
of the proposed plan indicating how it will serve to implement the
intent and purpose of such developments as set forth in this section,
a preliminary analysis estimating the various quantitative elements
of the plan, including the number of residential dwelling units (by
type) calculated in accordance with the allowable density formula,
the amount of nonresidential floor space, the number of off-street
parking facilities, as well as the types of planned recreation facilities,
proposals for the construction, operation and maintenance of all recreation
facilities, open space, parking areas, walkways, utilities, roads
and other common lands and facilities will be assured. The statement
shall include a table or listing showing how each of the development
requirements of this article has been met in the proposed plans.
(11)
Staging plan. A proposed plan indicating the
approximate staging of building construction and related improvements
within the RRUSP, including the general order of construction and
the estimated timing of each stage, must be submitted to the Planning
Board. The staging plan shall be designed to assure that future residents
of the first sections of the development shall have adequate services,
including all utilities, streets, recreational facilities and landscaping,
to suit their needs, even if future stages do not materialize.
(12)
Environmental documents. The application must
in all respects comply with the New York State Environmental Quality
Review Act (SEQR).[2] A full environmental assessment form shall be submitted
to the Planning Board. If determined necessary, an EIS will be prepared
in accordance with the requirements of SEQR, which will describe the
anticipated physical impacts of the proposed development, including
any negative impacts that may result and actions planned by the applicant
to mitigate them.
[2]
Editor's Note: See Article 8 of the Environmental
Conservation Law.
(13)
List of approvals required. A list of approvals
required from various governmental agencies prior to proceeding with
the first stage and any subsequent stage of development must be submitted
to the Planning Board.
(14)
The Planning Board and/or the Town Board may
require the presentation of a 3-D model of the proposed development.
(15)
Fees. Initial application to the Town Board
shall be accompanied by an application fee to be determined by the
Town Board. If the application is referred to the Planning Board for
further consideration, the Planning Board application fees shall be
those that are in effect at the time for site plan and/or subdivision
applications. In addition, administrative and escrow fees-will be
required for SEQRA reviews.
(16)
Public hearing on special permit and site development plan. During the application process, the Planning Board shall hold public hearings on the application with appropriate legal notice, and the applicant will be required to comply with § 307-41 C of the Zoning Code with respect to notification of the public hearings on this application.
(17)
Joint meeting with the Town Board and Planning
Board. The application will be reviewed at a joint meeting of the
Town Board and Planning Board.
(18)
Other referral. The Town Board and/or Planning
Board may refer the proposed site development plan to any such agencies
or officials of the Town, county or state government as the Board
may determine appropriate.
[Amended 4-11-2006]
A.
Purpose. The Camp Smith Reuse District is established
to encourage beneficial reuse of the Camp Smith Military Reservation
site in the event that the site is no longer used as a military reservation.
Specifically, the district is intended to preserve open space, to
channel development into areas where development and infrastructure
already exist and to maximize development potential of the latter
areas for economic development which produces employment, tax ratables
and services, together with residential development opportunities.
The Camp Smith Reuse District contains land which is developed and
served by infrastructure.
B.
Use regulations.
(1)
Uses by right in the Camp Smith Reuse District shall
be parks and recreation.
(2)
Uses by special permit in the Camp Smith Reuse District
shall be Community Betterment District, single-family dwelling, two-family
dwelling, multifamily dwelling and accessory residential uses; institutional
and public uses; retail stores; eating and drinking places; finance,
insurance and real estate; hotels and lodging places; personal and
business service facilities; health, social and child-care services;
legal, educational and other professional services; and manufacturing.
[Amended 3-13-2007 by L.L. No. 8-2007]
C.
Approval procedures. Approval of a special permit
in the Camp Smith Reuse District may only be granted by the Town Board.
D.
Dimensional regulations. Dimensional regulations shall be as follows, subject to § 307-18G(1):
(1)
Minimum lot area per dwelling unit: 5,000 square feet,
with modification as may be provided by any local law to provide for
incentive zoning.
(2)
Maximum height: three stories or 40 feet, with modification
as may be provided by any local law to provide for incentive zoning.
(3)
Maximum building coverage: 25%.
(4)
Minimum landscape coverage: 25%.
E.
Additional special permit standards and conditions.
Additional special permit standards and conditions shall be as follows:
(1)
Land uses shall include a mix of residential, nonresidential
and open space uses, so that housing, employment, service and recreational
opportunities are all combined on the site. Land areas developed for
residential use shall not exceed land areas developed for commercial
and open space uses unless the Town Board finds that the purposes
of the district and the public health, safety and welfare would be
better served otherwise.
(2)
Buildings shall be located so that obstruction of
views from the site of the Hudson River and other scenic features
shall be minimized and views of the site shall be enhanced.
(3)
Parking areas shall be provided at the side or rear
of buildings, except for parking areas for single-family dwellings.
(4)
Dimensional standards shall be as set forth on the
Table of Dimensional Requirements,[1] except for the following:
(a)
The minimum lot area per dwelling unit restriction
may be relaxed by the Town Board on a lot in the Camp Smith Reuse
District in return for the foregoing of development on a lot and the
preservation of that lot as open space by deed restriction or other
means acceptable to the Town Board, but in no case may the minimum
lot area per dwelling unit restriction be decreased by more than 1,000
square feet.
[1]
Editor's Note: The Table of Dimensional Regulations is included at the end of this chapter.
[Added 1-24-2017 by L.L.
No. 1-2017]
A.
Legislative
intent.
(1)
The
Town Board recognizes that from time to time changes must be made
to the Table of permitted uses of the Town with respect to land uses
and technologies that are modified and change over time.
(2)
The
Town's new Master Plan, "Envision Cortlandt," encourages recycling
and composting specifically through Policy Number 156 and it is proposed
that composting, recycling, and other such activities be strengthened
and encouraged throughout the Town as recommended by the Comprehensive
Plan.
(3)
Organic
materials that come from living plants and animals are best managed
as a resource rather than a waste; from animal manure and crop residue
to leaves and grass to the uneaten food generated daily in cafeterias,
restaurants, and homes, to food processing waste, organic materials
are all part of life. Managing these materials through reduction,
reuse, and recycling including composting is a high priority for the
Town. Organic materials originate from plants and animals; while diverse
in nature they all contain organic matter (carbon-based compounds).
It is the organic matter and nutrients that lead to the useful products
(compost, biogas, and digestate, etc.) derived from these materials.
(4)
It
is the intent of the Town Board to broaden the permitted uses in the
Town to allow for organic recycling for the recycling composting of
organic materials generated by the waste products from food, restaurants,
and other type facilities.
B.
Creation.
There is hereby created in the Town of Cortlandt an M1-A Zoning District,
said district shall provide for all of the same permitted uses as
in the M-1 Zoning District as set forth in the Zoning Code but shall
include organic waste composting consisting of leaves, brushes, grass,
mixed with food scraps, etc.
[1]
Editor's Note: Former § 307-96,
Special reuse and conservation development, as amended, was repealed
9-14-2004.
[Added 2-14-2023 by L.L. No. 1-2023]
A.
Purpose.
(1)
Promote desirable balance of land uses along Annsville Creek,
including commercial and water-dependent and water-enhanced business
uses.
(2)
Encourage high-quality development, fitting for this important
gateway to the Town.
(3)
Expand public access along the water's edge.
(4)
Support rehabilitation and protection of the natural resources
of Annsville Creek.
(5)
Develop residential uses where such development advances the
purposes set forth herein.
(6)
To encourage investment in infrastructure and other amenities
that support smart growth of the area.
(7)
Provide expanded opportunities and incentives to secure affordable
housing for Town residents.
(8)
Ensure consistency with Town's Comprehensive Plan and other
local plans.
B.
Permitted uses and dimensional requirements. In the Annsville Waterfront
Enhancement (AWE) District, the uses established in the Table of Permitted
Uses as provided for in the amended table attached hereto are permitted,
subject to the applicable development standards and provisions set
forth in this section.
(1)
Dimensional requirements.
(2)
Design principles. This set of principles shall be implemented
to the maximum extent practicable as determined by the Planning Board
in the process for site plan review. The design guidelines for this
district are further discussed in a subsequent section.
(a)
Design for a human scale. Create places where the site design
includes pedestrian facilities, well-considered lighting and other
amenities, street trees, landscaped areas and a balance of building
to paved areas to avoid overwhelming a site with pavement, roadways,
parking lots and overly massive structures.
(b)
Establish a physical and visual connection to the waterfront.
Provide waterfront views and establish space for a waterfront promenade
(for waterfront properties) and connections to the waterfront that
accommodate those with disabilities, pedestrians and bicyclists.
(c)
Create a scale of development that is appropriate for the setting.
Establish areas that are set back from the waterfront; and provide
a pedestrian and landscaped buffer to heavy traffic areas; and set
the tallest buildings in areas that can be buffered by higher topography;
and buildings along the waterfront should include pedestrian and outdoor
spaces and be appropriately lower in height and smaller in massing.
(d)
Create a welcoming streetscape using traditional town planning
and design elements. Provide an appropriate architectural feature
that clearly identifies the front entry. Include a balance of architectural
elements such as generous windows and an appropriate mix of materials
such as brick/stone/masonry in the facade and complementary outdoor
spaces and streetscape design that creates an attractive public realm.
(e)
Commercial development shall provide traditional "Main Street"
design elements. These elements include a welcoming architectural
design and generous spaces and amenities for pedestrians to buffer
areas of high traffic and to offer places for outdoor socializing
and civic engagement.
(f)
Design with nature in mind. Provide opportunities to preserve,
stabilize and restore natural shorelines and introduce trees, plantings
and naturalized stormwater management systems to the maximum extent
practicable.
C.
AWE subareas and zoning incentives. The Annsville Waterfront Enhancement
district amends the zoning map as established and is hereby divided
into four subareas: AWE-1, AWE-2, AWE-3 and AWE-4. The Town finds
that each subarea has a distinct character because of topography and/or
location and site attributes within the waterfront area.
(1)
Supplemental use regulations.
(a)
In the AWE-2, AWE-3, and AWE-4 subareas, the following uses
are permitted, in addition to the uses permitted in the underlying
AWE district, subject to the applicable development standards and
provisions set forth in this section.
(b)
In the AWE-4 subdistrict, the following uses are permitted as-of-right,
in addition to the uses permitted in the underlying AWE district subject
to the applicable development standards and provisions set forth in
this section.
(c)
Requirements for all multifamily and mixed-use buildings in
AWE:
[1]
For any mixed-use building, the residential portion
of a building shall have separate access.
[2]
The maximum size for any multifamily unit shall
be 1,200 square feet.
[3]
For any building with greater than five units,
a minimum of 10% of multifamily units must be designated as affordable
as defined by Westchester County (e.g., a thirty-unit project would
provide three affordable units). This requirement holds true for any
project that applies for allowable height and density incentives.
D.
Zoning incentives in AWE subareas.
(1)
Intent: The zoning incentives in this section are provided to
encourage investment in infrastructure and other amenities that support
smart growth of the area. The bonus density and or height increases
may be granted to developments as an incentive for added investment
in the AWE District. The amenity package shall include provision of
added infrastructure investments and/or provide a cash payment to
the Town, subject to provisions set forth herein. Payment to the Town
shall be placed into a separate and dedicated Incentive Zoning Fund
established and managed by the Town to be used for municipal improvements
directly related to supporting land uses in the AWE District, including
but not limited to: water and sewer, stormwater management, and flood
control; sidewalk, lighting, plantings, or waterfront walkway improvements.
(2)
Eligibility: To be eligible for additional uses and dimensional
bonuses provided for in the four subareas, applicants for must comply
with the following standards:
(a)
Have municipal water and sewer service which is:
[1]
Existing on the proposed site in the required capacities;
or
[2]
Located reasonably adjacent to the proposed site
such that the applicant could get approval from the Town Board to
make a connection to the existing services. Such approval would be
conditional on the findings of an independent engineering report which
evaluates the impact said connection would have on the existing municipal
capacities and performance.
(b)
All buildings must be in conformance with the design guidelines
section.
(3)
Allowable bonuses for height and/or density: The following bonuses
are permitted subject to review by the procedure set forth herein.
(c)
AWE-3 (Properties fronting waterfront on east/south side of
Route 9).
[1]
Additional density up to a maximum of 15 units/acre
total.
(d)
AWE-4 (properties fronting Albany post road).
[1]
Additional density up to a maximum of 20 units/acre
total; or
[2]
Additional density up to a maximum of 40 units/acre
total, and a maximum height of five stories and 55 feet (whichever
is less) if the proposed project includes the provision of a publicly
accessible waterfront walkway, created through the dedication of a
permanent public waterfront access easement or other acceptable instrument.
Design criteria for the waterfront walkway are provided in the design
guidelines section.
(4)
Requirements for requested bonus: The bonus height or density
increase may be granted to developments as an incentive for added
investment in the AWE District as provided for below.
(a)
The amenity package shall include a cash payment to the Town
subject to provisions established herein. The fee will be placed in
a fund for municipal improvements within the AWE District, including
but not limited to water and sewer, stormwater management, and flood
control; and sidewalk or waterfront walkway improvements. Alternatively,
the applicant can substitute a portion or all of the required cash
payment by providing public amenities including infrastructure improvements
in the AWE district, supplemental to what is required to support the
subject project. If this option is chosen, the value of proposed improvements
shall be submitted to the Town Board for approval.
(b)
Buildings eligible for bonus height may be required by the Planning
Board to incorporate setbacks and/or step-backs, or other measures
to reduce visual impacts as appropriate.
(c)
Incentive payment to Town. Any requested increase in density
and or height shall be commensurate with the amenity or benefit provided.
The required payment for amenities would be for only the increased
density and/or height beyond what could be achieved under the base
scenario. For residential uses the incentive payment would be for
each additional unit requested beyond what could be achieved without
the amenity. For nonresidential uses the calculation is based on the
gross square feet that could be achieved beyond the base scenario.
For example, on a two-acre site in AWE-2, an applicant could build
10 units in the base scenario at five units per acre. With the bonus,
the applicant could build 30 units (at 15 units/acre). The amenity
payment would be only for the increase in 20 units above the base
scenario.
[1]
Incentive payment for additional residential density.
[a]
$5,000 per unit for each additional unit beyond
the base scenario for projects greater than five and less than 10
units per acre.
[b]
$7,500 per unit for each additional unit beyond
the base scenario for projects between 11 and 20 units per acre.
[c]
$10,000 per unit for each additional unit beyond
the base scenario for projects between 21 and 30 units per acre.
[d]
$15,000 per unit for each additional unit beyond
the base scenario for projects greater than 30 units per acre.
[e]
Fees could be waived upon an affirmative vote of
the Town Board for affordable units that meet Westchester County's
guidelines provided by the proposed project. Waivers shall not exceed
40% of the total number of units.
[f]
Example calculation: In a three-acre site in AWE-4,
an applicant could build 15 units in the base scenario and 120 units
with the maximum incentive bonus. At the maximum density, the initial
calculation of the incentive payment would be $1,575,000 (three acres
x 40 units/acre = 120 units minus 15 units based density = 105 units
x $15,000 per unit = $1,575,000). If the applicant provided 40% affordable
housing, the incentive payment of $630,000 would be waived for those
units (105 x 40% = 42 units x $15,000 per unit = $630,000) which would
include the provision of 42 affordable units. The net incentive payment
would be $975,000 ($1,575,000 - $630,000).
[2]
Incentive payment for additional commercial space.
The amenity payment schedule is as follows for commercial uses:
[a]
$15,000 per additional 1,000 square feet of built
area over the base scenario, calculated fractionally.
[3]
Provision of public amenity, if the applicant proposes
to substitute a portion or all of the cash payment with the provision
of additional infrastructure or another public benefit within the
district: In this instance, the application would be referred to the
Town Board to determine whether the proposed amenity(ies) provided
are commensurate with the required cash payment for the zoning incentive
requested. Such improvements could include:
[4]
Waterfront walkway/promenade: For waterfront parcels,
if feasible, part or all of the amenity package should include the
provision of a publicly accessible waterfront walkway, created through
the dedication of a permanent public waterfront access easement or
other acceptable instrument. Design criteria for the waterfront walkway
are provided below:
[a]
The easement shall encompass the area of land extending
from the mean high-water mark to a point at least 15 feet inland,
subject to the discretion of the Planning Board.
[b]
The easement shall be wide enough to accommodate
a ten-foot-wide walkway as well as necessary screening and fencing
so as to ensure public safety and security for upland uses.
[c]
The public waterfront access easement shall connect
to all public waterfront access easements on adjacent properties.
[d]
The public waterfront access easement shall extend
along the entire waterfront of the site, as practicable based on the
discretion of the Planning Board.
[e]
The Planning Board, as part of site development
plan approval, may modify the walkway and or setbacks required when
it determines that the specific circumstances of the particular site
make adherence to the waterfront walkway criteria impractical unless
accommodation can be made to achieve the purposes of this section.
The reasons for any such modifications must be expressed and placed
into the official record of the Planning Board.
[5]
The cash payment or other public amenities provided
are not a substitute for other project-related fees such as the recreation
fees or any other mitigation measures that would be required as part
of site plan approval and SEQR. However, recreation fees payable to
the Town may be partially offset through construction of a publicly
accessible waterfront promenade as determined by the Town Board.
(5)
Criteria and procedure for approval.
(a)
Applications for zoning incentives such as increased density
and height shall be submitted to the Planning Board in accordance
with the zoning incentive procedures adopted by the Town Board.
(b)
Planning Board review: If the application includes a cash payment
alone, it would be reviewed by the Planning Board,
(c)
Town Board review: If the applicant proposes to substitute any
portion of the cash payment with the provision of additional/off-site
infrastructure investments and/or additional affordable housing units
beyond what is required, the application shall be referred by the
Planning Board to the Town Board for approval. Applicants must present
the cash value equivalent for any proposed amenity improvements (i.e.,
designation of a waterfront walkway and construction of a waterfront
promenade). The Town Board would determine if proposed improvements
provide sufficient public benefit and are commensurate with the amount
of the requested incentive. The proposed amenities would also be reviewed
and approved as to meeting legal requirements by the Town Attorney.
(d)
The application shall include the following information:
[1]
The requested incentive(s) as further provided
for in the respective Annsville Waterfront Enhancement zoning subarea
in which the project is located.
[2]
A program of uses and a site plan for both a base
scenario without the incentive or any other variance, and the proposal
with requested bonus amenity.
[3]
Gross floor area (GFA) increase (measured in gross
square footage above what could be built under baseline dimensional
regulations).
[4]
Height increase (measured in feet above what could
be built under baseline zoning regulations).
[5]
Residential density increase (measured in units
per acre).
[6]
Proposed amenity improvements including their cash
value equivalent (e.g., the designation of a waterfront walkway and
construction of a waterfront promenade).
[7]
Additional information and plans as applicable
to provide for a thorough evaluation of the proposal.
(e)
Incentive payment procedure:
[1]
If there is a cash payment, it shall be paid as
follows: 25% at the time for filing of a building permit, 50% prior
to issuance of the building permit, and 25% prior to issuance of a
certificate of occupancy. For incentives based on infrastructure to
be constructed, all required improvements shall be made prior to issuance
of a certificate of occupancy by the Town and or provision of an irrevocable
letter of credit to the Town equal to the value of the unconstructed
improvements.
[2]
Payment to the Town shall be placed into a separate
and dedicated Incentive Zoning Fund established and managed by the
Town to be used for municipal improvements directly related to supporting
land uses the AWE District, including but not limited to: water and
sewer, stormwater management, and flood control; sidewalk, lighting,
plantings, or waterfront walkway improvements.
E.
Design guidelines and standards for the Annsville Waterfront Enhancement
District (AWE).
(1)
Applicability. The design guidelines of this section shall be
followed for all new construction and expansion projects within the
AWE District which:
(a)
Require site plan review as per (insert reference);
(b)
Include new exterior building materials, commercial signs or
exterior lighting;
(c)
Include changes or replacement of existing exterior building
materials, commercial signs or exterior lighting; or
(d)
Are referred by the Planning Board to the Architectural Review
Council for advisory review and comment.
(2)
Projects which only involve renovations or expansions to existing
site plan features (parking areas, walkways, etc.) shall follow the
standards to the extent practicable, as determined by the Planning
Board, recognizing those elements of the standards that can be deployed
to achieve the greatest overall improvement to the appearance and
functionality of the site in relationship to the roadways and adjacent
properties.
(3)
Intent. These guidelines are intended to be utilized by applicants
in collaboration with the Planning Board for design development and
review of projects to clarify and advance the goals of the Town's
comprehensive plan and local waterfront revitalization program so
that all parties know what is expected.
(4)
Recommended guidelines vs. required standards. Some of the provisions
of this section are recommended, while other provisions are required.
In this section, the directive word "should" is used for all recommended,
but not required, guidelines. The directive word "shall" is used for
all required minimum standards which must be adhered to, subject to
discretion by the Planning Board.
(5)
Waiver or modification request. The Planning Board is authorized
to modify/waive any particular design guideline subject to a formal
request being submitted to the Board detailing why strict compliance
isn't possible. The Board shall consider comments and recommendations
from the ARC and may waive or modify the design guideline provision(s)
provided the Board finds that such waiver or modification will not
substantially diminish the goals and intent of the design principles
established herein.
(6)
Site analysis. A site analysis is required for all applications
seeking site plan review. The site analysis shall be conducted by
a licensed design professional (professional landscape architect,
architect or engineer) who shall illustrate the following existing
site characteristics on a scale plan of the property for use by the
Planning Board in considering the proposed development design:
(a)
Existing topographic contours of the site, at five-foot contour
intervals or less;
(b)
The extent of existing vegetation including woodlands, large
trees, and any known plant or animal habitats which are unique, rare
or endagered;
(c)
Surface water features, stormwater flows, wetlands and flood
hazard areas;
(d)
Existing structures, including potential historic resources
and known archeological resources;
(e)
Potential access points for motor vehicles, pedestrians, and
bicycles including any existing farm or service lanes or adjacent
trails;
(f)
The location of any nearby adjacent planned trails or the planned
route of the Waterfront Promenade;
(g)
Utilities availability in the vicinity;
(h)
Wind and solar aspects of the site;
(i)
Jurisdiction of all road frontage (state, county, town, private,
etc.);
(j)
Aerial imagery of the site;
(k)
Property boundaries and easements and restrictions.
(7)
General site planning and design. Site plan layouts shall be
designed to convey an attractive, waterfront setting, with views to
the water and limited visibility of larger parking areas.
(a)
Preserve large areas of natural waterfront landscape, including
existing mature trees where possible, to be incorporated into the
site plan.
(b)
At least 25% of the site should include pervious services, with
landscaped and planted areas.
(c)
Parking areas shall be located in the rear, side or under the
building structure as much as possible, with limited side or front
yard convenience parking provided as necessary and as approved by
the Planning Board.
(d)
The main public entry to the building shall face the public
road unless building is on an internal lot without frontage on a public
way, and shall be visibly apparent with the use of architectural features
which accentuate its importance.
(e)
Driveway access into the site shall be limited to a single curb
cut wherever possible, or the minimum width and curb radius necessary
to reasonably accommodate vehicles. Two access points may be permitted
on a single parcel if shared cross-access provisions are in place
with adjacent property owners, employed using approved easements.
(f)
Distances between curb cuts on US Routes 9/202 shall be maximized
to the greatest extent possible, or combined into a shared driveway.
(g)
It is recommended that new construction should orient buildings
and rooflines to accommodate existing (or future) solar panel installations
with direct southern exposures.
(8)
Front yard landscaping and sidewalks. The defining, organizing
framework for the highway corridors is landscaping along the front
yard areas of all properties including sidewalks and on-street parking
where space permits.
(a)
The front yard of all properties shall be visually defined by
a deep and wide front lawn area, accentuated with occasional mature
or newly planted trees and other planted landscaped areas, patios
and public streetscape spaces. Existing structures on shallow lots
shall be designed to fit the setting and the Planning Board will appropriately
consider constrained sites/undersized lots.
(c)
Commercial/mixed-use properties fronting US Routes 9 and 202
shall employ the use of a continuous low landscape wall and/or low
plantings with occasional shade trees along the frontage to maintain
a consistent design theme along the highway and screen any parking
provided in the front yard. These elements should typically follow
along the front property line and align with similar elements on adjacent
properties.
(d)
Generous planting beds, including low hedges and trees, shall
be provided along the front of the building around parking and pedestrian
areas. Additional trees should be planted to screen any large areas
of blank or windowless facade which are visible from the public road.
(9)
Stormwater management. On-site stormwater management facilities,
if provided, should be designed where possible as a natural and integrated
element of the site landscaping.
(a)
Consider the setting — whether on steeper hillsides or
lower valley and floodplain area. Create a stormwater management plan
as part of the site development plan that reflects natural processes
and creates a system that adds to the aesthetic and natural amenities
of the area.
(b)
Create naturalized stormwater management systems addressing
multiple properties on a subwatershed basis where feasible.
(10)
Pedestrian and bicycle access. Safe access and accommodations
for pedestrians and bicyclists shall be provided to make the property
attractive and welcoming to visitors.
(a)
Any parking areas provided in the front or side yards shall
provide a dedicated walkway or sidewalk to the main entry of the building.
(b)
Any public pedestrian walkway areas provided in the front yard
shall extend to connect to the public sidewalk along the road, if
present. If no sidewalk is present, one shall be constructed along
the property frontage.
(c)
No parking, building or other structural constraint shall be
placed on any waterfront site in the corridor designated for the Waterfront
Promenade. A multiuse, shared use pathway shall be provided as part
of an incentive zoning proposal in response to the requirement for
the Waterfront Promenade.
(d)
At least one bicycle parking or storage space shall be provided
at or near the main public entry for each commercial or residential
use on the property. Additional bicycle parking spaces shall be provided
as follows:
(11)
Parking and circulation. Parking, driveway and loading areas
shall be minimized where possible in terms of size and visibility,
while providing safe access in and out of the property for both vehicles
and pedestrians.
(a)
Impervious parking and driveway surface areas shall be only
as large as necessary to meet minimum requirements, and are encouraged
to utilize porous asphalt or porous paving to reduce stormwater runoff.
If additional parking capacity is deemed necessary by the applicant
and appropriate by the Planning Board, the additional parking area
shall be required to utilize porous surfacing.
(b)
Landscaped islands shall be provided at both ends of any internal
parking rows, and at intermediate locations so that there are not
more than 25 continuous parking spaces in a row without a landscaped
break. These islands shall be at least six feet in width, and extend
the full depth of the row (nine feet for single row, 18 feet for a
double row) providing a minimum of two shade trees, with low bushes,
plantings and other groundcover. Stone mulch may be used with a curbless/recessed
island where it is designed to collect stormwater.
(c)
Parking lot landscaped areas may be suitably replaced with integrated
stormwater management areas such as raingardens or bioswales which
capture rainwater on the site, provided they are adequately landscaped.
(d)
Shared/interconnected parking areas between two or more adjacent
properties are encouraged where appropriate and feasible due to their
proximity.
(e)
All off-street loading, service or dumpster areas shall be located
in the rear of the building and screened from view from the public
road.
(f)
Dumpster areas shall be enclosed within an extended envelope
of the building, or located behind screening walls which match or
complement the materials of the main building, as directed by the
Planning Board. Chain link fence enclosures are not permitted.
(12)
Architectural character. While specific architectural styles
are not suggested or required, designs shall reduce adverse visual
impact of larger structures through design techniques provided in
this section. Examples are provided for reference in photos on the
following pages.[1]
(a)
The use of natural materials such as stone, brick and wood combined
with larger roof overhangs and the use of front porch entryways are
generally recommended.
(b)
Sloped roof designs should be utilized where possible in lieu
of flat roof, particularly at the front of the site or areas readily
visible from the public road.
(c)
Sloped roof structures are encouraged to maintain a pitch between
5:12 minimum and 12:12 maximum for all primary roof areas (not including
dormers, entry canopies or similar accessory elements.)
(d)
Roof eave and gable overhangs are encouraged to be a minimum
of 18 inches deep, with taller or larger buildings providing deeper
overhangs which are appropriate for their size and scale.
[1]
Editor's Note: Said photos are included as an attachment to this chapter, titled "Illustrative Examples of Architecture."
(13)
Building entrance. Building entrances for the public shall face
the main road and be highlighted by design features to make it stand
out from the rest of the building.
(a)
Building entrances should be clearly recognizable and visible
from the public road or driveway.
(b)
Building entrances should be covered in the form of a roof or
porch overhang to provide shelter from the elements and make it more
prominent.
(c)
The front yard area immediately adjacent to the building entrance
shall be suitably landscaped with lawn, shrubs or flowers.
(d)
Building entrances shall be directly connected to parking and
pedestrian areas with a sidewalk, separated from motor vehicle areas
with a curb and/or planting strip.
(14)
Building scale and massing. Overall building massing shall be
broken up into smaller, discrete shapes where possible to reduce the
scale of the structure, particularly for larger buildings. Large monolithic
box structures shall be avoided.
(a)
New development shall reflect appropriately scaled architecture.
(b)
Facades facing the public road should avoid large, uninterrupted
blank wall areas without windows or entranceways.
(c)
Building appurtenances, such as porches, dormer windows are
encouraged to be used to give building facades shade, scale and more
visual interest.
(d)
Large, uninterrupted storefront or strip windows shall be avoided.
Windows shall instead be broken up into smaller groups and spaced
apart to create a rhythm or pattern. Window openings are encouraged
to be vertically proportioned, so that the width to height ratio is
taller than they are wide.
(e)
Longer building facades shall make use of a repeating pattern,
expressing the structural bays of the building within, with the use
of features such as repeating window groups, columns, or other features
which help to tie the design together.
(15)
Exterior materials. Primary facade material (i.e., visible from
a public way and comprising 35% or more of the exterior horizontal
surface) should be brick or stone/artificial stone masonry for structures
of more than two stories and may include natural finished wood or
fiber cement clapboard or board and batten or glass (non-mirrored)
curtain wall or coated steel or composite or as a secondary facade
material. Discouraged/prohibited primary facade materials include
vinyl siding, cement block, concrete panels, expanded foam/fiberglass
(EIFS).
(a)
Facades with an overabundance of different materials or colors
are discouraged. When using more than one facade material or color,
one material shall be used as the dominant primary theme, with the
others used more sparingly as secondary materials or colors to accent
the design.
(b)
Changes from one facade material or color to another shall occur
at a hard-edge or bump-out transition in the facade that gives the
material a surface to terminate into. Material or color changes from
one wall to another shall occur at an inside corner.
(c)
Exterior building material colors should typically be a natural,
subtle, muted shade and of low reflectance. Brighter, more vibrant
colors such as bright red or yellow should generally be reserved for
minor accents and highlights only. Examples of colors which are likely
to be incompatible include basic primary colors, neon, fluorescent
or those which are highly reflective or metallic.
(d)
Window and door openings in masonry facades should visually
show a lintel above the opening which is carrying the weight above,
instead of hidden steel plates.
(16)
Signs. Commercial signs in the AWE District shall be attractively
designed using a similar theme of natural materials and color palettes
to help identify the waterfront area as a unique destination. Garish
facade/corporate-themed exterior color schemes, excessive lighting,
illuminated/transparent awnings or canopies and similar treatments
may be considered signs and subject to regulation.
(17)
Exterior lighting. All exterior lighting in the AWE District
shall be designed to minimize light pollution to the region and shall
be compliant with dark sky, light pollution reduction principles,
while providing a safe and attractive environment.
(a)
All exterior lighting shall be dark skies compliant, provided
from full cutoff, downward-facing fixtures which prevent any light
emitted above the 90° horizontal to minimize night sky pollution,
glare and spillover onto adjacent properties, unless otherwise noted
below.
(b)
Light quality and color. Exterior lighting should be provided
from induction or LED (light emitting diode) fixtures to provide quality
light while minimizing energy use, provided the color temperature
of the light is between 2,500K and 3,800K. Mercury vapor and low pressure
sodium lamps are not recommended.
(c)
Light intensity. Exterior lighting for parking lots and pedestrian
areas is encouraged to remain at the lowest acceptable footcandle
levels wherever possible to reduce energy use, glare and night sky
pollution.
(d)
Parking lot lighting. Light fixtures located within the interior
area of a parking lot shall not exceed 25 feet in height. Light fixtures
located along the perimeter edge of a parking area shall not exceed
18 feet in height.
(e)
Walkway lighting. Light fixtures located along pedestrian walkways
or paths internal to the site shall not exceed 15 feet in height.
(f)
Facade lighting. Decorative facade lighting, where used, shall
only direct the light downward on the facade. Upward-facing facade
lighting shall only be permitted in instances where it is installed
underneath a canopy, porch or roof overhang which will fully capture
the upward light spill.
(g)
Security lighting. Security lighting is encouraged to be provided
from regular pedestrian fixtures where possible, especially in areas
visible from the public road. Where dedicated security wall packs
are necessary, it is recommended that they operate on motion sensor
activations to limit use.
(h)
Vehicular canopy lighting. Light fixtures located underneath
vehicle canopies, porches or similar.
(i)
Sign lighting. Lighting for freestanding monument signs may
be mounted above the sign or below at grade. If mounted at grade and
pointing up at the sign, the lamp must direct the light only as needed
onto the surface of the sign.
(j)
Landscaping lights. Decorative landscaping lighting, if used,
shall be designed to direct the lighting downward into the planted
areas whenever possible. Upward-facing landscape lights may be permitted
provided they are low voltage systems which are equipped with automatic
switching to turn off the lights no later than one hour after the
site is closed to the public, or 10:00 p.m., whichever is earlier.
(k)
Lighting style. Lighting poles and exterior fixtures should
be chosen to complement the design character of the building architecture.
(l)
Holiday or event lighting. None of the provisions above shall
be interpreted to limit the temporary use of decorative lights for
holidays or special events.
(18)
Service areas and utilities. All service areas, utilities and
mechanical equipment shall be located and screened in a manner to
minimize visibility from the public road.
(a)
All loading, dumpster and storage areas should be located in
the rear of the facility and out of sight from the public road.
(b)
All loading and dumpster areas should be screened from view
with landscaping or fencing which is compatible with the exterior
materials of the building.
(c)
Ground- and rooftop-mounted mechanical equipment such as HVAC
heating and cooling systems or transformer pads shall be located and
screened to minimize visibility from the public road. This provision
shall not apply to rooftop- or ground-mounted solar systems.
(d)
All new utility lines serving private commercial or residential
properties shall be buried underground.
(19)
Waterfront promenade. The promenade is intended to provide an
attractive and casual nonmotorized connection between various businesses,
residential properties and attractions along the Annsville Creek,
providing access for pedestrians, bicycles and other users to each
of the properties along the way. It is intended to be designed corroboratively
with the Town and willing landowners, implemented over time, to promote
visitor exploration and unlock greater economic development potential.
(a)
The promenade should create a unique and beautiful waterfront
passage parallel to Annsville Creek shoreline with minimal intrusion
into the natural landscape, adding points of interest and design features
which provide a continuity of interest.
(b)
The design character of the promenade is intended to be flexible
to account for the customized designs and compatibility of individual
properties, recognizing the Planning Board shall establish minimum
requirements that will accommodate the opportunities and constraints
of the subject property.
(c)
The promenade should be approximately 10 feet to 15 feet wide,
with drainage swales or buffers along either side.
(d)
Wayfinding and identification signage is encouraged to be provided
along the promenade to orient and attract visitors and to interpret
the history of the setting.
(e)
Benches and pedestrian-scaled lighting shall be provided at
a ratio of one each per 150 feet or as otherwise established by the
Planning Board as necessary and appropriate for the subject property.
F.
Findings and decision.
(1)
Public hearing. Prior to its final decision and in conjunction
with its SEQRA review, the reviewing board (Planning Board or Town
Board) will conduct a public hearing in accordance with the standard
procedures for grant of a special permit, site plan review or Town
Board public hearing.
(2)
Following the public hearing and completion of the SEQRA process,
the reviewing board will approve, approve with modifications or conditions
or deny the proposed incentive zoning application. A written statement
of the findings will be prepared documenting the basis of the reviewing
board's decision. The findings will include, but not be limited to,
the following:
(a)
SEQRA. That all requirements of SEQRA have been met, including
the required findings under that law.
(b)
Development capacity. That the proposed project, including the
incentive, can be adequately supported by the public facilities available
or provided as a result of the project, including but not limited
to sewer, water, transportation, waste disposal and fire protection,
without reducing the availability of such facilities for projects
permitted as of right under the Town of Cortlandt Code.
(c)
Public benefit. That the public benefit realized by the amenity
provided by the applicant is commensurate with the incentive granted.
(d)
Project quality. That the project is in harmony with the purpose
and intent of this section and with the stated objectives and will
promote the purposes herein, that the project is sufficiently advantageous
to render it appropriate for grant of an incentive and that the project
will add to the long-term assets of the Town of Cortlandt.
(e)
Comprehensive Plan. That the use of incentive zoning for the
particular project is consistent with the Comprehensive Plan.
(f)
The reviewing board may impose conditions on a project to ensure
that the above findings are ensured through the subsequent plan review
and construction phases of the project.
[Added 3-20-2023 by L.L. No. 2-2023]
A.
ASSISTED LIVING RESIDENCE
COVERAGE, LOT
DWELLING
DWELLING UNIT
(1)
(2)
INDEPENDENT SENIOR HOUSING WITH SERVICES
MEDICAL-ORIENTED DISTRICT (MOD)
STUDIO
Definitions. Unless otherwise defined herein, the general definitions in Chapter 307 shall apply.
A certified adult home or facility approved by New York State
as an assisted living residence (ALR), which provides housing and
personal care services and/or home care services (either directly
or indirectly) in a home-like setting to five or more adult residents
unrelated to the assisted living provider. ALRs must also provide
daily food service, twenty-four-hour, on-site monitoring, case management
services, and the development of an individualized service plan for
each resident. ALRs shall provide each resident their own room, a
small apartment, or a shared space with a suitable roommate. Residents
share common areas, such as the dining room or living room, with other
people who may also require assistance with meals, personal care and/or
home care services. Assisted living residence facilities may also
include memory care units and independent senior housing units with
services.
Percentage of the lot area covered by the combined area of
all impervious surfaces on a lot, including buildings or structures,
paved areas (including gravel and permeable pavement), at-grade decks,
patios, and swimming pools, but not including architectural landscape
features or at-grade landscape features provided above an underground
parking deck.
A building that contains one or two dwelling units, used,
intended or designed to be used, rented, leased, let or hired out
to be occupied for living purposes.
One or more rooms in a dwelling designed and equipped for one
family to occupy separately as a housekeeping residence, reserved
exclusively for the occupants of such room or rooms, with provisions
for living, sleeping, eating, cooking and sanitation and having no
enclosed space (other than vestibules, entrance hallways or porches)
or cooking or sanitary facilities in common with any other dwelling
unit.
Every dwelling unit shall contain a minimum of 600 square feet
of habitable space, and every room occupied for sleeping purposes
shall contain a minimum of 80 square feet per occupant. Units in an
assisted living, memory care, or independent living setting shall
not be required to meet the minimum dimensional requirements stated
in this subsection.
Apartments that include one or more of the following supportive
services: meals, housekeeping, some assistance with personal care,
transportation, socialization activities, laundry, and/or a resident/service
coordinator who helps residents access other services and programs
from community-based agencies.
A mapped, overlay district including the existing New York
Presbyterian Hospital Center and the abutting parcels to the west
and the parcels located across from the hospital campus with frontage
on Route 202/Crompond Road. The Medical-Oriented District is a zoning
district where patients can access a range of health services (in
partnerships between hospitals, private practices, commercial entities,
and municipalities) and other complementary uses in one central area.
The intent of the MOD is to create a healthy, mixed-use, neighborhood-scale
district that benefits residents and employees who reside in the district
as well as patients and families visiting the MOD.
A studio is a single residential unit in which the bedroom,
living room and kitchen are all located in the same room. For purposes
of bedroom count, a studio is a one-bedroom unit.
B.
Permitted uses.
(1)
The following uses shall be permitted in the MOD Zoning District:
(a)
Medical uses, including hospitals; specialty hospitals/clinics;
rehabilitation centers; primary care facilities; walk-in/urgent care
facilities; medical office space; hospice; alternative and complementary
medicine; laboratories; research facilities; pharmacies; cafeterias
in support of medical services; medical educational uses; birthing
centers; ambulatory surgery; assisted living residences (ALR); independent
senior living with services; skilled nursing facilities (SNF); memory
care facilities or units as part of ALR or SNF.
(b)
Residential uses. Detached, semidetached or attached one-family
dwellings and multiple dwellings. All dwelling units shall be built
in either a townhouse, flat, or stacked style.
(c)
Dining uses (non-medical uses). Cafes, bakeries, and restaurants
(except drive thru) and other food services in support of medical
uses. All dining uses must be located in a building with other medical
uses.
(2)
Nonconforming uses and buildings.
(a)
Except as otherwise provided in this chapter, the lawful use of land existing at the time of adoption of this chapter or its predecessor may be continued although such use does not conform to the regulations specified by this chapter for the district in which such land is located; provided, however, that no such nonconforming use shall be extended to occupy a greater area of land than that occupied by such use at the time of the adoption of this chapter, nor shall any such nonconforming use be moved, in whole or in part, to any other portion of the lot or parcel of land occupied by such nonconforming use at the time of the adoption of this chapter or its predecessor; provided, further, that if any such nonconforming use of land ceases for any reason for any continuous period of one year or more, any subsequent use of such land shall be in conformity with the regulations specified by this chapter for the district in which such land is located as set forth in Article XIII, Nonconforming Uses and Structures.
C.
Development standards and controls.
(1)
Height and bulk requirements.
(a)
Dimensional requirements. Unless otherwise specified elsewhere
in this section, uses permitted in the MOD Zoning District shall be
required to conform to the following standards:
|
MOD Dimensional Requirements
| |
|---|---|
|
Minimum lot area
|
10,000 square feet
|
|
Minimum lot width
|
100 feet
|
|
Setbacks
| |
|
Front
|
30 feet1
|
|
Side
|
30 feet1
|
|
Rear
|
30 feet1
|
|
Maximum lot coverage
|
60%
|
|
Maximum building height
|
45 feet2
|
|
1.
|
Structures may also be subject to a larger nondisturbance area
as further outlined in the Code.
|
|
2.
|
Unless otherwise noted.
|
(b)
Townhouses. Any residential units styled as a townhouse may
have a zero-foot side setback from other residential units styled
as townhouses or clusters of multiple dwellings located on a MOD parcel.
These dwelling units shall also not be required to meet the minimum
lot area requirement or lot width requirement, but shall be no more
than 2.5 stories or 35 feet above grade. Each townhouse shall be located
on its own lot with common elements of a community owned by a Homeowners
Association (HOA).
(c)
Multiple dwellings. These units may be stacked upon each other.
Clusters of multiple dwellings may have a zero-foot side setback from
other clusters of multiple dwellings or townhouses located on a MOD
parcel. These dwelling units shall not be required to meet the minimum
lot area requirement or lot width requirement, but shall be no more
than 2.5 stories or 35 feet above grade.
(d)
Medical use floor area capacity. Any new building with medical
uses shall not exceed 125,000 square feet of net leasable area, and
150,000 square feet in aggregate. For assisted living developments,
net leasable area shall include all areas used for sleeping, eating,
and recreation.
(2)
Affordable units.
(a)
No less than 10% of the base number of permitted residential units (excluding assisted living facilities) in a MOD project shall meet the Town of Cortlandt requirements for an affordable unit per § 307-4, Definitions. All affordable units shall be interspersed with market-rate units throughout any residential development. The facade of an affordable unit shall be indistinguishable from the facade of a market-rate unit.
(3)
Parking.
(a)
Parking, structured above-grade. Above-grade parking structures
shall be screened from view behind primary buildings, false facades
or otherwise concealed in appearance through design measures as follows:
[1]
A minimum of 40% of the exterior surface area of
the garage facades facing a public way or sidewalk shall be clad in
materials such as brick, stone, green-wall (e.g., ivy), decorative
metalwork, wood trim or other materials as approved by the Planning
Board after receiving an advisory opinion from the Architectural Advisory
Council (AAC) in lieu of bare structural concrete or masonry, to present
an attractive appearance.
[2]
In addition to any other perimeter landscaping
used or required, trees shall be planted at regular intervals to align
with openings in the structures along facades facing a public street
or highway.
[3]
All parking and security lighting shall be consistent
with Town site lighting requirements and be provided with appropriately
shielded, downward-facing lamps which direct the light only into the
immediate parking areas as required for use.
[4]
Each applicant shall submit a parking management
plan. If valet parking is proposed, the feasibility of valet parking
must be evaluated and approved by the Planning Board.
(b)
Surface parking. When practicable, surface parking shall be
located to the side and/or rear and not to the front of buildings
facing Route 202. If valet parking is proposed, the feasibility of
valet parking must be evaluated. The following parking standards will
be applied in the MOD:
|
Use
|
Parking Requirement
|
|---|---|
|
Assisted living/independent senior living with services/skilled
nursing
|
0.5 space per bed
|
|
Birthing center
|
1 space per bed plus 1 space for every employee
|
|
Hospital
|
1 per bed, plus 1 per employee in largest shift or as needed
|
|
Medical or dental laboratory
|
1 per 400 square feet of gross floor area
|
|
Residential uses
|
2 per dwelling unit
|
|
Nursing home
|
1 per 2.5 beds, plus 1 per employee on maximum shift
|
|
Office, medical
|
1 space for every 150 square feet
|
|
Pharmacy (not accessory to hospital)
|
1 per every 250 square feet
|
|
Restaurant/cafe/bakery
|
1 space per 50 square feet of dining area and such employee
parking area as determined by the Planning Board to be appropriate
|
|
Specialty hospitals and clinics
|
4 per physician, plus 1 per employee
|
|
Walk-in urgent care
|
4 per physician, plus 1 per employee
|
|
An applicant may apply for reduced parking to the Planning Board under § 307-34.1 of the Town Code
| |
|
A minimum of 5% of all parking spaces shall be outfitted with
electric charging stations
| |
(4)
Internal property subdivision.
(a)
The creation of internal property subdivisions within a mixed-use
development is permitted to allow for multiple ownership of properties/uses.
Any eligible site hereunder may, for purposes of dedication, the creation
of rights-of-way, sale, lease, mortgage, or other disposition or financing,
be subdivided or re-subdivided, converted to condominium or cooperative
ownership, or otherwise divided into lots, parcels or tracts, which
may be sold, leased, mortgaged, or otherwise alienated or encumbered,
without regard to minimum lot area provided that at least one development
from the original lot prior to subdivision is developed as a medical
use.
(b)
If a site meets the eligibility requirements above, then all
determinations relating to lot coverage and building coverage for
any lot or lots subject to internal property subdivision hereunder
shall be made treating the entire site as a single unit; provided,
however, that access and infrastructure shall be shared by any lot
approved under this section. Reciprocal easements and/or agreements
that address common access, shared parking, stormwater systems, and
utilities shall be developed to ensure the future operation and maintenance
of the infrastructure servicing any lot or lots approved hereunder.
(c)
No certificate of completion (CC), certificate of occupancy
(CO), temporary certificate of completion (TCC), or temporary certificate
of occupancy (TCO) shall be issued for a nonmedical structure before
the medical structure use proposed for the original lot prior to subdivision
receives a CO.
(5)
Screening and buffering.
(a)
A minimum area of nondisturbance shall be required between a
parcel designated as MOD and the nearest lot line of any existing
residentially zoned parcel. Within this area of nondisturbance, no
trees or other vegetation shall be permitted to be removed with the
exception of dead or diseased flora and invasive species, and no excavation
shall occur in the area. The nondisturbance areas shall be as follows:
[1]
No disturbance, except as otherwise allowed for
in this section, shall be permitted within 100 feet from the nearest
lot line of a parcel located on Cypress Lane, Nancy Lane, Ridge Road,
and Tamarack Drive with an existing residential unit.
[2]
No disturbance, except as otherwise allowed for
in this section, shall be permitted within 30 feet from the nearest
lot line of a parcel located on any other adjacent street with an
existing residential unit.
(b)
In reviewing the development plan, the Planning Board shall
consider the setback and proposed screening of all parking, buildings,
and active recreation areas. Buffer and screening areas shall be left
in their natural state. The Planning Board may require additional
landscaping or screening (e.g., fences) to conceal utility buildings,
refuse-collection areas, cooling systems, equipment, and other similar
installations and features. The nondisturbance area shall not be varied
or modified by the Zoning Board of Appeals or the Planning Board.
(6)
Layout design considerations. The Planning Board shall consider
walkability and connectivity within the MOD as well as streetscape
and public space as integral elements of all MOD campus site plans.
(7)
Design guidelines.
(a)
Architectural design guidelines for buildings. Architectural
design should be compatible in nature and type to other projects approved
or simultaneously under consideration for MOD campus designation and
shall be subject to review by the Architectural Advisory Council.
(b)
Signs (including wayfinding signage). Signs shall be designed
in harmony with the building and established development.
(c)
Lighting shall be provided per Town-designated standards and
shall be of a consistent design throughout the MOD. Lighting should
be designed to avoid light spillover to neighboring properties and
glare.
(d)
Each applicant shall include in its site plan application all
sustainable features of its proposed development such as geothermal,
solar, and hydroelectrical technology. All roofs shall be designed
to accommodate rooftop solar panels. The Planning Board may deny an
application if it deems that the proposed development insufficiently
utilizes sustainable design features.
(8)
Vehicular circulation system and traffic access. All streets
and driveways within the MOD shall be designed to adequately accommodate
fire and emergency apparatus as well as serve their intended traffic
function and the anticipated volume of traffic from the proposed use.
Drive-throughs are prohibited for any nonmedical use in the MOD.
(9)
Pedestrian circulation system. Within MOD designated sites,
a pedestrian circulation system shall be designed and installed in
addition to the vehicular circulation system, which is sufficient
for the needs of MOD residents, workers and visitors. Such a system
might be composed of paved and unpaved walkways, lighting, streetscape
amenities, and bikeways of appropriate width, design and location
to serve their intended function.
(10)
Add to the recreational inventory of the Town. MOD projects will be required to either propose new public recreation areas or pay a recreation fee as required under § 265-11 of the Subdivision Ordinance. The applicant may request a reduction in recreation fees from the Town Board for affordable units. The recreation fee shall not be reduced for any other units other than those specifically listed in the preceding sentence.
(11)
Utilities and services.
(a)
Underground lines. All power and communication lines shall be
installed underground in the manner prescribed by the regulations
of the government agency or utility company having jurisdiction. The
applicant may request a waiver if it would cause unnecessary hardship
and waiving such requirement will not have a detrimental effect on
the public health, safety, or general welfare as determined by the
Planning Board.
(b)
Sewer and water. All buildings within the MOD shall be served
by public central water and sewage treatment systems as approved by
the appropriate government agency or agencies having jurisdiction
thereof.
(c)
Firematic protection. All buildings within the MOD shall provide
adequate water for firematic protection in the form of on-site storage
tanks as may be required by the Director of DOTS or their designee.
(d)
Placement of utilities. Where possible, all utilities shall
be placed within the right-of-way or utility easement. No building
permit for land development activities (e.g., tree removal/clearing)
shall be issued by the Department of Technical Services until all
utility permits including but not limited to water, sewer, gas and
electric have been approved by agencies having approval jurisdiction.
(e)
Future utility needs. Where facilities are provided, they shall
be planned in such a way as to anticipate future utility needs, and
wherever reasonably feasible shall be sited to reduce the capital
costs associated with any future central utility construction.
(12)
Refuse collection. All MOD parcels shall provide private carting
with an adequate means of collecting and storing refuse, including
the agreement to provide compactors and a centrally located refuse-collection
site on the premises. Any outside storage and garbage shall be in
centrally located containers designed to prevent rodent infestations
and shall provide sufficient screening as determined by the Planning
Board.
(13)
HVAC systems. HVAC systems shall be designed so as to minimize
adverse aesthetic impact and noise.
(14)
Stormwater runoff. A stormwater pollution prevention plan is
required in accordance with all federal, state, and local rules and
regulations, and shall be provided for both water quality and water
quantity controls.
(15)
Energy efficiency. The plan for development of any MOD site
shall consider the design, construction, and arrangement of buildings
in such a way as to promote energy efficiency and encourage the use
of alternative energy sources, such as geothermal and active or passive
solar systems. All applicants shall be required to complete an energy
analysis that quantifies the estimated reduction in electric, gas,
and water usage measured against a baseline scenario of standard consumption
patterns that the proposed conservation measures are anticipated to
achieve.
(16)
Application to other agencies. The Department of Technical Services
shall not issue any certificates of occupancy, certificates of completion,
temporary certificates of occupancy, or temporary certificates of
completion for any above-grade structures until all off-site improvements,
including, but not limited to, traffic, have been deemed complete
by the agency with jurisdiction over the improvements. In addition,
no permits shall be issued by the Department of Technical Services
until satisfactory proof is provided that all necessary applications
have been made to all agencies with jurisdiction over the off-site
improvements.
[Added 4-16-2024 by L.L. No. 5-2024]
A.
Findings and purpose. The purpose of the Indian Brook-Croton Gorge
Inter-Municipal Watershed Protection Overlay District is to protect
the health and welfare of residents living within the boundaries of
the of the Indian Brook-Croton Gorge Watershed by minimizing the potential
for groundwater and surface water contamination and taking steps to
limit the severity of resource degradation. The Indian Brook-Croton
Gorge Watershed encompasses portions of five municipalities, including
the Towns of Cortlandt, New Castle, and Ossining, and the Villages
of Croton-on-Hudson and Ossining. Since the actions of upstream municipalities
can have as much of an impact on a downstream municipality's
land and water resources as those actions carried out locally, a commitment
from all municipalities within a watershed is critical to protecting
the health of its resources. The intent of this section is to create
a partnership for the comprehensive management of the Indian Brook-Croton
Gorge Watershed by creating provisions for:
(1)
Protecting and restoring the natural resources, most significantly
the Croton River, Indian Brook Reservoir, existing wetlands and groundwater
drinking sources; and
(2)
Developing and implementing stormwater management practices
that will improve water quality; and
(3)
Promoting sustainable development through land use and environmental
regulations; and
(4)
Preserving and protecting fish, wildlife, and significant habitat;
and
(5)
Educating the public.
B.
AGRICULTURAL ANIMAL WASTE
AQUIFER
BATTERY ENERGY STORAGE SYSTEM
(1)
(a)
(b)
(2)
(3)
BUILDING INSPECTOR
CHLORIDE SALT
DISCHARGE
FERTILIZER
GENERATOR OF HAZARDOUS WASTE
GROUNDWATER
HAZARDOUS SUBSTANCE
HAZARDOUS WASTE
HERBICIDE
LOW-IMPACT DEVELOPMENT (LID)
MANURE
MINING
MUNICIPAL WATER SUPPLY
MUNICIPAL WATER SYSTEM
NATURAL RECHARGE
NONPOINT DISCHARGE
OVERLAY MAP
PEST
PESTICIDE
PETROLEUM
POINT SOURCE DISCHARGE
POLLUTANT
SOLAR FARMS
SOLID WASTE
STATE POLLUTANT DISCHARGE ELIMINATION SYSTEM (SPDES)
STEEP SLOPES
STORMWATER HOTSPOTS
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
(11)
(12)
(13)
STORMWATER POLLUTION PREVENTION PLAN (SWPPP)
SURFACE WATERS OF THE STATE OF NEW YORK
WASTEWATER
WASTEWATER TREATMENT SYSTEM
WATER BODY
WATER SUPPLY
WATERCOURSE
WATERSHED
WATERSHED PROTECTION OVERLAY DISTRICT
WELL
WELLHEAD BUFFER
WETLAND BUFFER AREAS
Definitions. For purposes of this § 307-96.3, the following definitions shall apply:
Manure and other animal waste derived from agricultural industries.
A consolidated or unconsolidated geologic formation, group
of formations or part of a formation capable of yielding a significant
or economically useful amount of groundwater to wells, springs or
infiltration galleries.
A rechargeable energy storage system consisting of batteries,
battery chargers, controls, power conditioning systems and associated
electrical equipment. The system is typically used to provide standby
or emergency power, an uninterruptable power supply, load shedding,
load sharing, smoothing and dispatching of intermittent renewable
energy sources, or similar capabilities. A battery energy storage
system is classified as a Tier 1, Tier 2, or Tier 3 battery energy
storage system as follows:
Tier 1 battery energy storage systems include either:
Battery energy storage systems for one- to two-family residential
dwellings within or outside the structure with an aggregate energy
capacity that shall not exceed:
Other battery energy storage systems with an aggregate energy
capacity less than or equal to the threshold capacity listed in Table
1.
|
Table 1
| |
|---|---|
|
Battery Technology
|
Capacity
(kWh)
|
|
Flow batteries
|
20
|
|
Lead acid, all types
|
70
|
|
Lithium, all types
|
20
|
|
Nickel cadmium (Ni-Cd)
|
70
|
|
Nickel metal hydride (Ni-MH)
|
70
|
|
Other battery technologies
|
10
|
Tier 2 battery energy storage systems include battery energy
storage systems that are not included in Tier 1, have an aggregate
energy capacity greater than the threshold capacity listed in Table
1, and have an aggregate energy capacity less than 600 kWh.
The Building Inspector of the Town of Cortlandt.
Any bulk quantities of chloride compounds and other de-icing
compounds intended for application to roads, including mixes of sand
and chloride compounds in any proportion where the chloride compounds
constitute over 8% of the mixture. A bulk quantity of chloride compounds
means a quantity of 1,000 pounds or more but does not include chloride
compounds in a solid form, including granules, which are packaged
in waterproof bags or containers which do not exceed 100 pounds each.
Any intentional or unintentional action or omission in the
releasing, spilling, leaking, pumping, pouring, emitting, emptying,
or dumping into the waters of the municipality or onto lands from
which the discharged substances or material might flow or drain into
said waters, or into waters outside the jurisdiction of the municipality
when damage may result to the lands, waters, or natural resources
within the jurisdiction of the municipality.
Any commercially produced mixture generally containing phosphorous,
nitrogen and potassium which is applied to the ground to increase
nutrients to plants.
Any person or site whose act or process produces hazardous
waste.
Water contained in interconnected pores and fractures in
the saturated zone in an aquifer.
Any material, including any substance, waste, or combination thereof, which because of its quantity, concentration, or physical, chemical, or infectious characteristics may cause, or significantly contribute to, a substantial present or potential hazard to human health, safety, property, or the environment when improperly treated, stored, transported, disposed of, or otherwise managed and as defined in Chapter 263, Storm Sewers, of the Town of Cortlandt Town Code.
See 6 NYCRR Part 371 and amendments thereto for the identification
and listing of hazardous wastes.
Any substance or mixture of substances intended to prevent,
destroy, repel, or mitigate any weed, including those substances defined
as herbicides pursuant to Environmental Conservation Law § 33-0101
and amendments thereto.
Refers to systems and practices that use or mimic natural
processes that result in the infiltration, evapotranspiration or use
of stormwater in order to protect water quality and associated aquatic
habitat.
Animal feces and urine.
Any operation which involves the breaking of the earth's
surface for the purpose of extracting and removing raw natural materials
(such as topsoil) from the premises for the purpose of sale or off-premises
use.
Aquifers and watersheds within the Indian Brook-Croton Gorge
Watershed that serve as water sources for municipal water systems.
A water system which provides piped water to the public for
human consumption as defined and regulated by 10 NYCRR Subpart 5-1.
The replenishment of underground water reserves.
Discharges of pollutants not subject to SPDES (State Pollutant
Discharge Elimination System) permit requirements.
The overlay map showing the boundaries of the Indian Brook-Croton
Gorge Watershed Protection Overlay District.
Any insect, rodent, fungus or weed; or any other form of
terrestrial or aquatic plant or animal life or virus, bacteria or
other microorganism (except viruses, bacteria or other microorganisms
on or in living man or other living animals) which the Commissioner
of Environmental Conservation declares to be a pest as provided in
Environmental Conservation Law § 33-0101.
Any substance or mixture of substances intended to prevent,
destroy, repel, or mitigate any pest, including any substances defined
as pesticides pursuant to Environmental Conservation Law § 33-0101
et seq., and amendments thereto.
Oil or petroleum of any kind and in any form, including but
not limited to oil, petroleum fuel oil, oil sludge, oil refuse, oil
mixed with other waste, crude oil, gasoline, and kerosene, as defined
in 6 NYCRR Part 597.1(b) and amendments thereto.
Pollutants discharged from a point source as defined in Environmental
Conservation Law § 17-0105 and amendments thereto.
Any material or by-product determined or suspected to be hazardous to human health or the environment as defined in in Environmental Conservation Law § 17-0105 and as defined in Chapter 263, Storm Sewers, of the Town of Cortlandt Town Code.
A Tier 3 energy system as defined in Chapter 255, Solar Energy Systems, of the Town of Cortlandt Town Code.
Includes all manner of useless or unwanted or discharged
solid or semisolid nontoxic, domestic, commercial, industrial, institutional,
construction and demolition waste materials, except hazardous, toxic,
chemical, human or rendering wastes.
The system established pursuant to Article 17, Title 8, of
Environmental Conservation Law[1] for issuance of permits authorizing discharges to the
waters of the State of New York.
Within the Watershed Protection Overlay District, a steep slope is defined as any slope greater than 15% and as defined in Chapter 259, Steep Slopes, in the Town of Cortlandt Town Code.
A land use or activity that generates higher concentrations
of hydrocarbons, trace metals, or toxicants than are found in typical
stormwater runoff, based on monitoring studies. For purposes of the
Indian Brook-Croton Gorge Watershed Protection Overlay District, the
following land uses and activities are deemed stormwater hotspots:
Vehicle salvage yards and recycling facilities.
Vehicle fueling stations.
Vehicle service and maintenance facilities.
Vehicle and equipment cleaning facilities.
Fleet storage areas (bus, truck, etc.).
Industrial sites.
Marinas (service and maintenance).
Outdoor liquid container storage.
Outdoor loading/unloading facilities.
Public works storage areas.
Facilities that generate or store hazardous materials.
Commercial container nurseries.
Other land uses and activities as designated by an appropriate
review authority.
A plan for controlling stormwater runoff and pollutants from a site during and after construction activities, as defined in Chapter 262, Stormwater Management and Erosion and Sediment Control, of the Town of Cortlandt Town Code.
Lakes, bays, sounds, ponds, impounding reservoirs, springs,
wells, rivers, streams, creeks, estuaries, marshes, inlets, canals,
the Atlantic Ocean within the territorial seas of the State of New
York and all other bodies of surface water, natural or artificial,
inland or coastal, fresh or salt, public or private (except those
private waters that do not combine or effect a junction with natural
surface or underground waters), which are wholly or partially within
or bordering the state or within its jurisdiction. Storm sewers and
waste treatment systems, including treatment ponds or lagoons which
also meet the criteria of this definition, are not waters of the state.
This exclusion applies only to man-made bodies of water which neither
were originally created in waters of the state (such as a disposal
area in wetlands) nor resulted from impoundment of waters of the state.
Water that is not stormwater, is contaminated with pollutants and is or will be discarded as defined in Chapter 263, Storm Sewers, of the Town of Cortlandt Town Code.
Any treatment plant, sewer, disposal field, lagoon, pumping
station, septic system, collection and distribution pipes, on-site
disposal systems and seepage units, constructed drainage ditch or
surface water intercepting ditch, or other system not specifically
mentioned in this definition, installed for the purpose of transport,
treatment, neutralization, stabilization, storage, or disposal of
wastewater.
Any body of water which exists at least three months of the year, as defined in Chapter 179, Freshwater Wetlands, Water Bodies and Watercourses.
The groundwater resources of the watershed, or the groundwater
resources used for a particular well or community water system in
the Indian Brook-Croton Gorge watershed.
Any identifiable channel through which water flows continuously or intermittently, as defined in Chapter 179, Freshwater Wetlands, Water Bodies and Watercourses, of the Town of Cortlandt Town Code.
The geographic region within which water drains to a particular wetland, water body, or watercourse, as defined in Chapter 179, Freshwater Wetlands, Water Bodies and Watercourses.
Indian Brook-Croton Gorge Inter-Municipal Watershed Protection Overlay District. The Watershed for specific municipal water supplies, as designated on the official Watershed Protection Overlay District Map and described in § 307-96.3D of this chapter.
Any present or future artificial excavation used as a source
of public or private water supply which derives water from the interstices
of the rocks or soils which it penetrates, including bored wells,
drilled wells, driven wells, infiltration galleries, and trenches
with perforated piping, but excluding ditches or tunnels, used to
convey groundwater to the surface.
An area surrounding a municipal water system well, designated
as a critical area for protecting the well, created by a 200-foot
radius around each protected well.
An area surrounding a wetland, watercourse or water body
that is subject to the regulations specified herein. Within the Indian-Brook
Croton Gorge Watershed Protection Overlay District, it is defined
as the land area within 150 linear feet along the surface, away from,
and around the perimeter of the outermost boundary of a wetland or
watercourse or water body. A buffer is intended to provide protection
from human activity and other encroachment associated with development.
[1]
Editor's Note: See Environmental Conservation Law § 17-0801
et seq.
C.
Applicability.
(1)
The provisions of this section shall be applicable to all new
land use, construction, or subdivision. Existing land use, construction,
improvements and subdivisions within the Indian Brook-Croton Gorge
Inter-Municipal Watershed Protection Overlay District initiated or
completed prior to the effective date of adoption of this chapter
are not subject to the requirements herein.
(2)
These prohibitions, restrictions, and principles shall be applied
within the Watershed Protection Overlay District through the existing
building permit, site plan review, and code enforcement procedures
of each municipality in the Indian Brook-Croton Gorge Inter-Municipal
Watershed Protection Overlay District by its officers and boards.
Additionally, all development in the watershed shall be in accordance
with New York State Department of Environmental Conservation regulations
related to environmental protection and stormwater management.
(3)
Site plan review by the agency having approving jurisdiction
is required for all new activities or property uses in the Watershed
Protection Overlay District, except one- and two-family residences,
and shall take into consideration the requirements and principles
outlined in this chapter.
(4)
Within the Watershed Protection Overlay District, all major
subdivisions shall be designed as a conservation/cluster subdivision
with a minimum of 30% of the parcel permanently preserved. Town Board
approval of cluster development is not required.
D.
Boundaries.
(1)
The boundaries of the Indian Brook-Croton Gorge Inter-Municipal
Watershed Protection Overlay District are established on a map entitled
"Indian Brook-Croton Gorge Inter-Municipal Watershed Protection Overlay
District, Westchester County, NY 2023" (Watershed Map), which is adopted
simultaneously herein. The areas included encompass the entire watersheds
of Indian Brook and the Croton Gorge and their tributaries, which
are subwatersheds of the larger Croton Bay Watershed. The Indian Brook-Croton
Gorge watershed includes watersheds and aquifers that function as
sources of supply for municipal water systems. The particular municipal
water supplies protected under this chapter include:
(a)
Indian Brook Reservoir/Indian Brook Basin: serves as a drinking
water source for portions of the Town and Village of Ossining and
portions of the Town of New Castle.
(b)
Croton Gorge Basin and Croton River Aquifer: a water source
for the Village of Croton-on-Hudson water system and a water source
for individual wells within portions of the Town of Cortlandt and
the Town of New Castle.
(2)
Where uncertainty exists as to the boundaries shown on the Watershed
Map, the following shall apply:
(a)
Where area boundaries are indicated as approximately following
a street, railroad, or highway line or center lines thereof, such
lines shall be construed as said boundaries.
(b)
Where area boundaries are indicated as approximately following
lot lines, such lot lines shall be construed to be said boundaries.
However, a survey plat prepared by a registered land surveyor may
be submitted to the municipality as evidence that one or more properties
along these boundaries do not lie within the protected area.
(c)
Where the boundaries lie at a scaled distance of more than 25
feet from any parallel lot line, the boundaries shall be determined
by use of the scale appearing on the Watershed Map.
(d)
Where the boundaries lie at a scaled distance of less than 25
feet from any parallel lot line, the boundaries shall be construed
to be the lot line.
(e)
When a large parcel is bisected by the boundary, the applicant
may submit a detailed topographical map of the property as documentation
of those portions of the property that are within as well as outside
the boundary.
(f)
Where other uncertainty exists, the authorized approval agency
shall interpret the Watershed Map as to location of such boundaries.
The municipality may, at the applicant's expense, consult with
agencies or others in determination of a project's location within
a protected area and applicability of these standards.
E.
Effect of district. Within the WPOD, all underlying land use district
rules remain in effect, except as they are specifically modified by
this chapter. In case of a conflict between this chapter and the underlying
use regulations, the more restrictive shall control. Nothing in this
chapter shall be construed to allow uses that are not permitted by
the underlying land use district.
F.
Prohibited uses and practices. The following uses shall be prohibited
in the WPOD:
(1)
Disposal of hazardous material or solid waste.
(2)
Treatment of hazardous material, except remediation programs
authorized by a government agency for treating hazardous material
that existed on the site prior to the adoption of this land use law.
(3)
The creation or manufacturing of any hazardous materials.
(4)
Dry cleaning, dyeing, printing, photo processing, and any other
business that stores, uses, or disposes of hazardous material, unless
all facilities and equipment are designed and operated to prevent
the release or discharge of hazardous material.
(5)
Disposal of septage or septic sludge.
(6)
Automobile service and gas filling stations.
(7)
New underground storage of petroleum.
(8)
Petroleum product pipelines.
(9)
Solar farms.
(10)
Vehicle storage yards/truck terminals.
(11)
Contractor's yards.
(12)
The bulk storage of de-icing salt, except in municipally approved
impervious structures.
(13)
Installation of dams, water diversions, and stream channelization
except undertaken directly in relationship to drinking water resources.
(14)
Clearing of more than 30,000 square feet of vegetation without
a site plan approval.
(15)
Landfill of domestic, industrial, construction and demolition,
or hazardous materials.
(16)
Junkyards.
(17)
Land spreading of sludge or ash, including domestic wastewater
or waste industrial process material, except for ash from individual
residential heating equipment.
(18)
New dry wells directly connected to any floor drain, garage
drain, wash basin or sink.
(19)
New fuel storage facilities in any amount greater than 660 gallons.
(20)
Commercial trash containers and dumpsters which are not under
a roof or which are located so that leachate from the receptacle could
escape unfiltered and untreated.
(21)
Any mining activities, including consolidated and solution mining
activities, unless permitted by the New York State Department of Environmental
Conservation.
(22)
Point source discharges, other than discharges authorized by
permits issued by the New York State Department of Environmental Conservation.
(23)
Tier 3 battery energy storage systems.
G.
Performance criteria.
(1)
All construction activities (as defined by the agency having
approving jurisdiction) that involve soil disturbances greater than
5,000 square feet shall comply with the New York State Department
of Environmental Conservation (NYSDEC) Stormwater Manual dated 2014.
All construction activities shall be required to meet the standards
set forth in the SPDES general permit for construction activities
that involve soil disturbances greater than 5,000 square feet, and
all stormwater pollution prevention plans shall meet water quantity
and quality controls for all new impervious surfaces as outlined below.
(2)
Any new construction activity which creates new impervious surfaces greater than 1,000 square feet shall be treated for water quality volume (WQv), peak flows (cfs) and volume (cf) as outlined in the New York State Department of Environmental Conservation (NYSDEC) Stormwater Management Design Manual, latest edition, and Chapter 262, Stormwater Management and Erosion and Sediment Control, of the Town of Cortlandt Town Code, and include enhanced requirements for pollutants of concern as outlined and incorporated in the Stormwater Management Design Manual, latest edition.
(3)
Low-impact development (LID) practices shall be provided to
the extent feasible for all new or redevelopment within the watershed,
including the use of bioretention facilities, rain gardens, vegetated
rooftops, rainwater harvesting, and permeable pavements.
(4)
Pollutant loadings will not damage any wetland, water body or
watercourse.
(5)
Grading and removal of vegetation is minimized for all construction.
(6)
Septic systems must be pumped at least once during every three-year
period.
(7)
The storage and stockpiling of manure and other animal waste
for use in agricultural operations, agricultural use of fertilizers
and land application of manure, and pesticide (including herbicide)
storage and use shall comply, to the maximum extent possible, with
the practices detailed in the most current versions of "Controlling
Agricultural Nonpoint Source Water Pollution in New York State - A
Guide to the Selection of Best Management Practices to Protect Water
Quality," published by the Bureau of Technical Services and Research,
Division of Water, or "Agricultural Management Practices Catalogue
for Nonpoint Source Pollution Prevention and Water Quality Protection
in New York State."
(8)
Fertilizers, pesticides, and herbicides shall not be applied
in a manner or at a rate which contributes to or causes a contravention
of the water quality standards set forth in 6 NYCRR 700 to 705.
(9)
Pesticide storage and use (including herbicides) are subject
to the approval of, and shall comply with the regulations of, the
New York State Department of Environmental Conservation.
(10)
Disposal of pesticide, including herbicides, is prohibited unless
authorized by a permit issued by the New York State Department of
Environmental Conservation.
(11)
Disposal of water used for pesticide makeup water or for washing
of pesticide equipment is prohibited unless authorized by a permit
issued by the New York State Department of Environmental Conservation.
(12)
Use of streams as sources of water for the washing of equipment
used in conjunction with pesticide or herbicide application is prohibited.
(13)
Lawn chemicals (pesticides and herbicides) shall not be applied
within 25 linear feet of any watercourse, or within a wellhead buffer
area.
(14)
Storage of chloride salts and coal shall be in structures designed
to minimize contact with precipitation and constructed on low-permeability
pads designed to control seepage and runoff.
(15)
Chloride salt application. De-icing chloride salt use is restricted
to the minimum amount needed for public safety, as determined by the
Town Highway Superintendent.
(16)
Any petroleum storage tank(s) installed or replaced after the
effective date of this chapter must be aboveground or fully visible
for inspection within the basement or other interior space, and secondary
containment is required for all new tanks.
H.
General provisions for wetlands, watercourses, water bodies, wetland buffer areas and steep slopes. These regulations apply to all wetlands, watercourses, water bodies and buffer areas as defined in Chapter 179, Freshwater Wetlands, Water Bodies and Watercourses, of the Town of Cortlandt Town Code and located within the Indian Brook-Croton Gorge Inter-Municipal Watershed Protection Overlay District (regardless of size):
(1)
Development of wetlands, watercourses, water bodies and buffer
areas are to be avoided except where no reasonable alternative exists
or where the applicant would otherwise suffer undue hardship if a
permit is not issued. In the event such development is approved, impacts
shall be minimized to the greatest extent practicable, and a mitigation
plan shall be prepared.
(2)
All applications for permits to disturb wetlands, watercourses, water bodies and buffer areas in the Indian Brook-Croton Gorge Inter-Municipal Watershed Protection Overlay District shall follow the requirements contained in Chapter 179, Freshwater Wetlands, Water Bodies and Watercourses, of the Town of Cortlandt Town Code unless a more stringent or restrictive requirement is listed in this section.
(3)
As a condition of the granting of any wetland permit within the Indian Brook-Croton Gorge Inter-Municipal Watershed Protection Overlay District, the approving authority shall require that the applicant submit a mitigation plan per the requirements listed in Chapter 179, Freshwater Wetlands, Water Bodies and Watercourses, of the Town of Cortlandt Town Code.
(4)
Within the Indian Brook-Croton Gorge Inter-Municipal Watershed
Protection Overlay District, the applicant shall be required to create
replacement wetlands or restore, recreate or enhance existing wetlands
or wetland buffer areas equal to twice the area of wetland or wetland
buffer directly impacted.
(5)
Within the Indian Brook-Croton Gorge Inter-Municipal Watershed
Protection Overlay District, no disturbance within 150 feet of any
wetlands, watercourses, or water bodies shall be permitted. Buffers
shall be regulated as follows:
(a)
Buffers.
[1]
Buffers along wetlands and water bodies (as defined in Chapter 179, Freshwater Wetlands, Water Bodies and Watercourses, of the Town of Cortlandt Town Code) must extend a minimum of 150 feet horizontally away from and paralleling the delineated wetland boundary.
[2]
Buffers along watercourses (Chapter 179, Freshwater Wetlands, Water Bodies and Watercourses, of the Town of Cortlandt Town Code) extend a minimum of 150 feet horizontally away from and paralleling the high water mark or level of bank full discharge. In undeveloped areas, the buffer shall also be extended to include the 100-year floodplain.
(b)
Buffer vegetation.
[1]
Planting within buffers shall be based on a site-specific
planting plan designed to maximize the buffer's capacity to intercept
stormwater runoff, stabilize banks, improve water quality, and provide
habitat. Planting shall incorporate:
[a]
A diverse mix of perennial native species.
[b]
Trees and shrubs with dense ground cover to protect
soil.
[c]
Salt-tolerant plants in areas where road salt is
used.
[d]
Steep slopes: native perennial grasses; trees and
woody shrubs along the water's edge.
[e]
Bank erosion control: plants with fibrous root
systems; deep-rooted woody species.
(c)
Allowable buffer uses.
[1]
Unpaved foot paths, recreational access, revegetation
planting and mitigation planting per the requirements listed above,
manual removal of invasive species, removal of trees that pose a safety
hazard.
(d)
Restricted buffer uses.
[1]
New impervious surfaces, construction of roads,
structures or pipelines.
[2]
Removal of vegetation or trees (except for safety
purposes).
[3]
Excavation and grading.
[4]
Additional lawn.
[5]
Constructed stormwater measures are to be used
outside the buffer to direct stormwater sheet flow to the buffer.
[6]
Mining.
[7]
Septic tank drain fields.
[8]
Agriculture and livestock.
[9]
De-icing application of road salt.
[10]
Waste disposal or dumping of trash, yard waste
and debris.
[11]
Application of pesticides, herbicides and fertilizers.
[12]
Dams, water diversions, stream channelization.
[13]
All other activities not specifically listed above
are subject to federal, state and local permit procedures.
(6)
Special provisions. These special provisions apply to new development
in previously developed areas where there is no available area for
required buffer:
(a)
The protected buffer shall be as wide as the site allows, subject
to the above-listed conditions where possible, and maintaining as
much vegetated cover as possible within 150 feet of wetland or watercourse,
especially in areas where bank erosion is evident.
(b)
Alternative or additional conservation practices [including
low-impact development (LID)] to reduce runoff load into a wetland
or watercourse shall be applied.
I.
Wellhead buffers and stormwater hotspots. Within the Indian Brook-Croton
Gorge Inter-Municipal Watershed Protection Overlay District, no disturbance
within 200 feet of any wellhead or stormwater hotspot shall be permitted.
Wellhead buffer areas and stormwater hotspots shall be protected as
follows:
(1)
Construction activities within 200 feet of a wellhead are prohibited
except those used for municipal water system purposes, such as pumping,
treatment, and control facilities and equipment. Wellhead buffer areas
shall not be used for any purpose other than municipal water supply,
except when a permit has been issued by the Town Board for nonintrusive
recreation uses, such as picnicking, nature study, fishing, or hiking.
The wellhead buffer shall be posted prohibiting trespass for any purpose
except as permitted in this subsection.
(2)
Buffers adjacent to stormwater hotspots (as defined above) shall
extend 200 feet horizontally away from hotspot source.
J.
Enforcement.
(1)
Compliance orders. The Director of Code Enforcement/Town Engineer/Building
Inspector is authorized to order, in writing, the remedying of any
condition or activity found to exist in, on or about any building,
structure, or premises in violation of this chapter. Upon finding
that any such condition or activity exists, the Director of Code Enforcement/Town
Engineer/Building Inspector shall issue a compliance order.
(a)
The compliance order shall:
[1]
Be in writing;
[2]
Be dated and signed by the Director of Code Enforcement/Town
Engineer/Building Inspector;
[3]
Specify the condition or activity that violates
this chapter;
[4]
Specify the provision or provisions which is/are
violated by the specified condition or activity;
[5]
Specify the period of time which the Director of
Code Enforcement/Town Engineer/Building Inspector deems to be reasonably
necessary for achieving compliance;
[6]
Direct that compliance be achieved within the specified
period of time; and
[7]
State that an action or proceeding to compel compliance
may be instituted if compliance is not achieved within the specified
period of time.
(2)
The Department of Code Enforcement shall cause the compliance
order, or a copy thereof, to be served on the owner of the affected
property personally or by registered mail. The Department of Code
Enforcement shall be permitted, but not required, to cause the compliance
order, or a copy thereof, to be served on any builder, architect,
tenant, contractor, subcontractor, construction superintendent, or
their agents, or any other person taking part or assisting in work
being performed at the affected property personally or by certified
mail; provided, however, that failure to serve any person mentioned
in this sentence shall not affect the efficacy of the compliance order.
K.
Penalties for offenses. Any person who shall violate any provision
of this chapter shall be subject to the applicable penalties under
this chapter, and any other applicable code or ordinance, without
limitation. The chapter penalties are:
(1)
Fines. The person who violates any provision of this chapter
shall be liable for a civil penalty of not more than $250 for each
day or part thereof during which such violation shall be continued.
