Town of Warwick, NY
Orange County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
Following the effective date of this chapter:
A. 
Building and use requirements. No building shall be erected, moved, altered, rebuilt or enlarged nor shall any land or building be used, designed or arranged to be used for any purpose or in any manner except in conformity with all regulations, requirements and/or restrictions specified in this chapter for the district in which such building or land is located. Unless specifically permitted in its own right, permitted as an accessory use or permitted upon special application to the Planning Board, a use is prohibited.
B. 
Yard requirements. No yard or open space required in connection with a building or use shall be considered as providing a required open space for any other building on the same or any other lot.
C. 
Lot requirements. No lot shall be formed from part of a lot already occupied by a building unless such building, all yards and open spaces connected therewith and the remaining lot comply with all requirements prescribed by this chapter for the district in which said lot is located. No permit shall be issued for the erection of a building on any new lot thus created unless such building and lot comply with all the provisions of this chapter.
D. 
Previously issued permits. Nothing contained in this chapter shall require any changes in the plans, construction or designated use of a building complying with existing law, a permit for which shall have been duly issued prior to the date of this chapter and the ground-story framework of which, including the second tier of beams, shall have been completed, in accordance with such plans as have been filed, within two years from the date of the passage of this chapter.
E. 
Referral to Orange County. Should any proposed zoning amendment, site plan, special use permit or zoning variance application consist of or include any of the following thresholds, the appropriate agency (Planning Board, Town Board or Zoning Board of Appeals) shall, prior to final action by said agency, refer the proposal to the Orange County Planning Department in accordance with §§ 239-1, 239-m and 239-n of Article 12-B of the General Municipal Law, and the agreement between Orange County and the Town of Warwick, on the form entitled "County Zoning Referral." Said thresholds include the following items:
(1) 
Adoption of a municipal land use plan or zoning regulation.
(2) 
Changes in the allowable uses and densities within any land use category or zoning district affecting 25 or more acres of land.
(3) 
Granting of use variances.
(4) 
Site plans of 50 or more residential units.
(5) 
Site plans of nonresidential facilities with more than 100,000 square feet of gross floor area.
(6) 
Structure exceeding 100 feet above original ground level.
(7) 
Placement of nonfarm development on property within an agricultural district containing a farm operation or on property with boundaries within 500 feet of a farm operation located in an agricultural district which would require the preparation of an agricultural data statement and which would involve one or more of the other referral thresholds listed in this subsection.
(8) 
Actions (unless the action is designed for the preservation of the facility or site) occurring wholly or partially within, or contiguous to any facility or site listed on the National Register of Historic Places, or any historic building, structure, or site, or prehistoric site that has been proposed by the Committee on Registers for consideration by the New York State Board on Historic Preservation for a recommendation to the State Historic Officer for nomination for inclusion in said National Register.
(9) 
Subdivisions of 50 or more lots.
(10) 
Actions which take place wholly or partially within or substantially contiguous to any critical environmental area designated by the state, county or by the Town of Warwick pursuant to the implementing of regulations of the Environmental Conservation Law found at 6 NYCRR 617.
F. 
Zoning schedules. The general requirements affecting the use of buildings, structures and land use for each of the zoning districts established by § 164-30 are hereby established and set forth in the Table of Use Requirements and the Table of Bulk Requirements,[1] which together compose the zoning schedules which follow as Subsections M and N respectively.
[1]
Editor's Note: The Table of Use Requirements and the Table of Bulk Requirements are included at the end of this chapter.
G. 
Utilization of Table of Use Requirements. The Table of Use Requirements[2] that follows indicates allowable uses in the districts shown. See Article II for definitions of use categories. Uses that are not listed are prohibited. The meaning of the symbols in the Table of Use Requirements is as follows:
P Designates a use permitted by right. Usually requires a building permit and/or a certificate of occupancy from the Code Enforcement Officer. It may require a special use permit and/or site plan approval by the Planning Board under specific circumstances.
S Designates a use allowed by special use permit, granted by the Planning Board unless otherwise indicated.
A Designates a use accessory to a use, whether permitted by right or as a special permit use, and is permitted only in conjunction with the use identified in the Table.
[2]
Editor's Note: The Table of Use Requirements is included at the end of this chapter.
H. 
Reference to Bulk Table.[3] In the Table of Use Requirements there appears a lower case letter or letters designating a use group for reference to the Table of Bulk Requirements. Accessory uses do not necessarily have respective bulk requirements; and the requirements pertaining to the principal use shall apply.
[3]
Editor's Note: The Table of Bulk Requirements is included at the end of this chapter.
I. 
Prohibited uses. Any use not identified in the Table of Use Requirements shall be deemed prohibited. Any use indicated as a special permit use by an "S" shall be deemed prohibited unless approved in a manner specified by this chapter. Without limiting § 164-40I, heavy industry, mining for fissionable materials, and the use of land for the disposal of natural gas and/or oil production byproducts are expressly prohibited in the Town.
[Amended 9-11-2003 by L.L. No. 4-2003; 2-26-2013 by L.L. No. 3-2013]
J. 
Generic descriptions. Where permitted or special permit uses are identified by generic words or descriptions, the Planning Board shall determine whether a specific use shall be construed to be part of such generic class. In making such determination, the Planning Board shall consider to what extent the proposed use is similar to the class of use indicated in the Table of Use Requirements. If a use is specifically listed elsewhere in the Table of Use Requirements, it is excluded from a generic classification.
[Amended 9-11-2003 by L.L. No. 4-2003]
K. 
Bulk Tables. The general requirements relating to the arrangement of buildings, structures and uses occupying a lot for the zoning districts established in § 164-30 are hereby established. The accompanying table, entitled "Table of Bulk Requirements," shall be part of this chapter, is referred to herein as the "Bulk Table" and shall set forth the minimum requirements relating to density and other dimensionable requirements of this chapter.
L. 
Supplemental requirements. Other sections herein contain supplemental requirements applying to bulk, setback and coverage of specified uses. Readers are encouraged to consult all sections of the chapter to determine applicable requirements.
M. 
Table of Use Requirements. The Table of Use Requirements is found at the end of this chapter.
N. 
Table of Bulk Requirements. The Table of Bulk Requirements is found at the end of this chapter.
The provisions of this chapter applying to residence districts shall be subject to such exceptions, additions or modifications as are herein provided by the following supplementary regulations:
A. 
Accessory buildings.
(1) 
Location. An accessory building or structure such as a deck, pool, or dock, shall be located within and/or outside the parameters of the required side yard or rear yard, provided that:
[Amended 10-24-2002 by L.L. No. 6-2002]
(a) 
Such building or garage shall not exceed 1,200 square feet in floor area nor be more than 48 feet in greatest median dimension, longitudinally or transversely.
(b) 
Such building or garage shall be set back five feet from any lot line and, if separated, shall not be located less than 10 feet from the principal building. However, in those cases where the edge of a lake forms a yard lot line, accessory buildings located in such yards need not conform to the required five-foot setback.
(c) 
All such buildings or garages, in the aggregate, shall not occupy more than 30% of the area of the required rear or side yard.
(d) 
Required setbacks for sheds, pools and hot tubs accessory to a townhouse shall be a minimum of 10 feet from a residence, five feet from a property line, zero feet from a preexisting fence with a minimum height of four feet.
[Added 2-18-2010 by L.L. No. 1-2010]
(e) 
The maximum size of a shed accessory to a townhouse shall be 80 square feet.
[Added 2-18-2010 by L.L. No. 1-2010]
(f) 
Aboveground pools and hot tubs accessory to a townhouse shall have a maximum diameter of 18 feet and a maximum height of 52 inches.
[Added 2-18-2010 by L.L. No. 1-2010]
(g) 
Aboveground pools and hot tubs between 24 and 52 inches in height shall meet New York State Building Code barrier requirements.
[Added 2-18-2010 by L.L. No. 1-2010]
(2) 
Pairing. Accessory buildings constructed at the same time may be located in pairs or groups in the required rear or side yard along the common side lot line or rear lot line of contiguous lots.
(3) 
Height. An accessory building shall conform to the height regulations for principal buildings. Agricultural buildings may exceed height regulations of other buildings, but in no case shall exceed 80 feet in height.
(4) 
Front yard. No accessory building or structure, such as a deck, pool, or dock, shall be located within the minimum required front yard.
[Amended 10-24-2002 by L.L. No. 6-2002]
(5) 
Temporary sales office. For each subdivision that has received final plat approval by the Planning Board, there may be located a temporary office restricted to the sales of the dwellings within said approved subdivision plat. Said office may be situated within a model home or within a separate temporary office meeting the bulk regulations specified for the dwellings in said subdivision. Said office shall be permitted only during the period of active sales, but in no case longer than one year. The Planning Board may extend this period up to one additional year whenever it deems that the circumstances warrant such extension.
B. 
Corner lots.
(1) 
Visibility. Visibility at intersections shall be in accordance with § 137-19I of Chapter 137, Subdivision of Land.
(2) 
Yard designation. On a corner lot, front yards are required on both street frontages, and one yard other than the front yards shall be deemed to be a rear yard and the other or others shall be deemed to be side yards. The minimum district requirements for each shall be complied with.
C. 
Exceptions to bulk requirements.
(1) 
Depth. The required lot depth at any point may be decreased by 25% if the median lot depth conforms to the minimum depth requirement.
(2) 
Width. The required lot width along the public road frontage may be decreased by 25% if the median lot width conforms to the minimum width requirement.
(3) 
Height.
(a) 
Height exceptions. The height limitation of this chapter shall not apply to church spires, belfries, cupolas, penthouses and domes not used for human occupancy; nor to chimneys, ventilators, skylights, water tanks, bulkheads and similar features and necessary mechanical appurtenances usually carried above the roof level. Such features, however, shall be erected only to such height as is necessary to accomplish the purpose they are to serve and shall not exceed in cross-sectional area 20% of the ground floor area of the building.
(b) 
Ornamental features. The provisions of this chapter shall not apply to prevent the erection, above the building height limit, of a parapet wall or cornice for ornament (and without a window) extending above such height limit not more than five feet.
(4) 
Yards.
(a) 
Terraces. A terrace shall not be considered in the determination of yard sizes or lot coverages; provided, however, that such terrace is unroofed and without walls, parapets or other forms of enclosure. Such terrace, however, may have an open guard railing not over three feet high and shall not project into any yard to a point closer than four feet to any lot line.
[Amended 10-24-2002 by L.L. No. 6-2002]
(b) 
Porches. Any open or enclosed porch shall be considered a part of the building in the determination of the size of yard or lot coverage.
(c) 
Projecting architectural features. The space in any required yard shall be open and unobstructed except for the ordinary projection of windowsills, belt courses, cornices, eaves and other architectural features; provided, however, that such features shall not project more than three feet into any required yard.
(d) 
Bay windows. Bay windows, including their cornices and eaves, may project into any required yard not more than three feet; provided, however, that the sum of such projections on any wall does not exceed 1/3 of the length of said wall.
(e) 
Fire escapes. Open fire escapes may extend into any required yard not more than four feet six inches.
(f) 
Fences or walls not over four feet in height may be erected anywhere on the lot, except as set forth in § 164-41B(1) of this section, which limits visibility at intersections. Fences or walls with a height in excess of six feet shall conform to the requirements set forth herein for buildings. Fences or walls not over six feet in height may be erected anywhere on the lot, provided that the fence or wall is beyond the required front yard setback. Paved terraces, steps and walks (other than those needed for access to the building lot) shall not project within 15 feet of a street or four feet of a property line.
[Amended 10-24-2002 by L.L. No. 6-2002; 10-27-2016 by L.L. No. 4-2016]
[1] 
The use of barbed wire, barbed tape, razor wire, razor ribbon or other similar security barrier with the potential to inflict injury is prohibited for residential use in the Town of Warwick.
[Added 2-18-2010 by L.L. No. 1-2010]
[2] 
The use of barbed wire is permitted for commercial agriculture, but is discouraged.
[Added 2-18-2010 by L.L. No. 1-2010]
[3] 
The use of barbed wire, barbed tape, razor wire, razor ribbon or other similar security barrier with the potential to inflict injury is permitted for commercial use, provided such security barrier is installed on the top of fencing with a height of six feet above the ground, but is discouraged.
[Added 2-18-2010 by L.L. No. 1-2010]
(g) 
Entries and porticos. A roofed-over but unenclosed projection in the nature of an entry or portico not more than eight feet wide and extending not more than six feet out from the front wall of the building shall be permitted to encroach on a required front yard. In computing the median setback in § 164-41C(4)(h) of this section, the presence of such entries and porticos shall be ignored.
(h) 
Existing setback. If two or more existing dwellings are located within 200 feet on each side of a proposed dwelling, on the same side of the street and within the same block and same district, said proposed dwelling need not have a front yard greater than the median setback of all existing dwellings so located.
(i) 
Abutting a lake. No side or rear yard is required where such abuts a lake. (However, the required minimum lot area shall not be decreased.) In the event that a yard abutting a lake is provided, it shall be at least five feet.
D. 
Residential development of lands within 2,000 feet of a New York State certified Agricultural District. Recognizing the potential incompatibility of certain agricultural procedures (namely, chemical spraying and dusting) and residential development, the following provisions shall be adhered to:
(1) 
All deeds of new residential units shall contain references to notes that shall be placed on the subdivision plat relative to the hazards and nuisances (noise, odors, hazardous chemical use, etc.) to which residents of such dwelling unit willingly subject themselves.
(2) 
Unrestricted flow of stormwater runoff from such developed property will not be allowed to drain directly into black-dirt agricultural operations. Site plans and subdivision plats must include provisions for retention/detention ponds or infiltration basins to contain such runoff.
(3) 
Buffers adjacent to actively farmed land shall be established in residential subdivisions. Said buffer strips, when required shall be no less than 30 feet in width and may be required up to a width of 100 feet, depending upon the type of agriculture or farm use, the topography and the proposed design and planting of such buffer. It shall be the responsibility of the applicant, subject to approval by the Planning Board, to provide an effective buffer that will reasonably protect adjacent residential living areas from agricultural procedures.
E. 
Solar energy. It is the policy of the Town of Warwick to encourage the use of solar energy and to remove obstacles to the use of such systems. Use of solar energy for space heating, water heating or generating electricity reduces dependence upon nonrenewable fossil fuel resources, helps to reduce the amount of pollution resulting from the use of fossil fuels and can reduce carbon dioxide emissions. To the extent practicable, and in accordance with § 263 of New York State Town Law, the accommodation of solar energy systems and equipment, and the protection of access to sunlight for such equipment, shall be required in the application of the various review and approval provisions of this Zoning Law. This means, for example, laying out new roads and buildings in an east-west direction, where possible, so that south-facing windows and solar collectors, whether to be installed immediately or planned for the future, can get direct sunlight.
[Added 6-11-2015 by L.L. No. 2-2015]
(1) 
The installation of small- and medium-scale solar energy systems requires a permit from the Town Building Department using the New York State Unified Solar Permit application. The following additional provisions for small- and medium-scale solar energy systems apply in residence districts:
[Amended 4-26-2018 by L.L. No. 2-2018]
(a) 
Building or structure alterations and additions. Except as provided herein, alterations and additions to existing buildings for small-scale solar energy systems must conform to lot coverage, height and setback requirements as described in the Table of Bulk Requirements.[1] Small-scale solar energy systems are permitted outright as an accessory use. This means the solar collectors are incidental to and support the principal use of the lot, such as a home or home business.
[1]
Editor's Note: The Table of Bulk Requirements is included as an attachment to this chapter.
(b) 
Nonconforming residential uses. A solar collector may be added to the existing principal building on a nonconforming residential lot without requiring the entire building to be brought up to current zoning standards.
(c) 
Lot coverage requirements. Solar collectors do not count as lot coverage if minimum standards are met, including but not limited to height and setback requirements.
(d) 
Height requirements. Solar collectors may be roof-mounted on principal or accessory structures and extend up to four feet above the zoning district's height limit, or extend up to four feet above the ridge of a pitched roof.
(e) 
Setbacks. Special setbacks apply for ground-mounted solar energy systems. Rear and side setbacks shall be 25 feet. Ground-mounted solar energy systems shall be prohibited in front yards.
(f) 
Protecting solar access of property to the north. Solar collectors exceeding the zoning district height limit must be placed so that they do not shade the property to the north on January 21 at noon any more than a structure built to the maximum permitted for that zone. For assistance in determining solar exposure, a sun chart brochure is available from the Town Building Department.
(g) 
Medium-scale solar energy systems in residence districts are permitted subject to site plan approval and § 164-41E(1) herein.
(h) 
Fencing six feet in height shall be placed around the utility meter on all medium-scale solar energy system installations. Waterproof signage shall be placed immediately adjacent and/or in close proximity to the electric meter that clearly shows the location of the DC disconnect switch. Notification, with a location map, will be sent to the applicable fire district.
(i) 
Large-scale solar energy systems may be approved, subject to § 164-42G of the Zoning Law.
(2) 
All solar energy systems shall be designed, erected, and installed in accordance with all applicable codes, regulations, and industry standards as referenced in the New York State Uniform Fire Prevention and Building Code, the New York State Energy Conservation Code, and the Town of Warwick, New York, State Uniform Fire Prevention and Building Code Administration and Enforcement Law.
[Added 4-26-2018 by L.L. No. 2-2018]
[Amended 1-24-2002 by L.L. No. 2-2002; 10-24-2002 by L.L. No. 6-2002; 9-11-2003 by L.L. No. 4-2003; 2-18-2010 by L.L. No. 1-2010]
A. 
Purposes. A subdivision is considered a cluster subdivision when lots and dwelling units are clustered closer together than otherwise possible in a conventional subdivision and where open space is created on the remainder of the property without increasing density for the tract as a whole. Cluster subdivisions are authorized under § 278 of New York State Town Law, are also referred to as conservation subdivisions or open space subdivisions, and are encouraged herein. In conformance with the Town's Comprehensive Plan,[1] the purposes of cluster subdivision are as follows:
(1) 
To provide greater economy, efficiency and convenience in the siting of services and infrastructure, including the opportunity to reduce road lengths, utility runs, and the amount of paving required;
(2) 
To conserve important open lands, including those areas containing unique and sensitive natural features such as steep slopes, floodplains, stream corridors, and wetlands by permanently setting them aside from development;
(3) 
To protect areas of the Town with productive agricultural soils for continued or future agricultural use, by conserving blocks of land large enough to allow for efficient farm operations;
(4) 
To provide multiple options for landowners to minimize impacts on environmental resources and natural or cultural features such as mature woodlands, hedgerows and tree lines, critical wildlife habitats, historic buildings and sites, and fieldstone walls;
(5) 
To create neighborhoods with direct visual access to open land, with amenities in the form of neighborhood open space, with a strong neighborhood identity;
(6) 
To provide for a balanced range of lot sizes, building densities, and housing choices to accommodate a variety of age and income groups and residential preferences, so that Warwick's population diversity may be maintained;
(7) 
To provide a reasonable setback for new development adjacent to lands in active farming due to potential incompatibility with nonfarm uses;
(8) 
To implement policies to conserve a variety of irreplaceable and environmentally sensitive resource lands as set forth in the Town's Comprehensive Plan, including provisions to create a greenway trail system and other areas for active or passive recreational use for the benefit of present and future residents;
(9) 
To conserve scenic views and elements of the Town's rural character, and to minimize perceived density, by limiting views of new development from existing roads;
(10) 
To promote development in harmony with the goals and objectives of the Town's Comprehensive Plan;
(11) 
To mitigate identified environmental impacts under the State Environmental Quality Review Act (SEQR).
[1]
Editor's Note: The Comprehensive Plan is on file in the Town offices.
B. 
Authorization.
(1) 
Authorization is hereby granted to the Planning Board to modify applicable provisions of this Zoning Law as to lot size, lot width, depth, yard, and other applicable requirements of the Zoning Law, Subdivision Regulations[2] and Street Specifications[3] (in consultation with the Commissioner of Public Works), as well as type of residential use, subject to the purposes, standards and procedures contained herein, so as to accommodate cluster subdivisions. At the request of the applicant, an optional preapplication conference for application information may be scheduled with the Town Planning Board Chairperson or a representative of the Planning Board. If sufficiently complex, it may be desirable for the applicant to request placement on the agenda of a Planning Board meeting for an informational conference. The applicant shall make a deposit, in accordance with the Town's Fee Schedule,[4] sufficient to cover the preapplication expenses required for review by the Town's professional engineer, planner and attorney. Neither the applicant nor the Planning Board shall be bound by the exchange of ideas during the preapplication conference.
[2]
Editor's Note: See Ch. 137, Subdivision of Land.
[3]
Editor's Note: See Ch. A168, Street Specifications.
[4]
Editor's Note: See Ch. 75, Development Fees.
(2) 
The Planning Board may require cluster subdivision where it finds any one of the following elements present, as determined through review of an existing resources map and site analysis plan as described herein, justifying conservation of natural, cultural or historic resources, scenic features, or preservation of neighborhood character.
(a) 
Slopes: slopes of 15% or greater on 25% or more of the property.
(b) 
Water resources: wetlands, aquifer and aquifer recharge areas, municipal water supply watershed areas, flood-prone areas as shown on Federal Emergency Management Agency maps, New York State protected streams, or a Town-designated protection area.
(c) 
Agricultural lands: active farmland within a New York State certified agricultural district, lands within 2,000 feet of a New York State certified agricultural district, or soils classified in Groups 1 to 4 of the New York State Soil Classification System.
(d) 
Community water and/or sewer: sites where community sewer, community water, or community water and sewer are available or planned.
(e) 
Critical environmental areas: Lands within or contiguous to a critical environmental area designated pursuant to Article 8 of the Environmental Conservation Law.
(f) 
Designated open space areas: lands contiguous to publicly owned or designated open space areas, privately owned designated natural areas, or areas identified on the Town of Warwick Open Space Index.
(g) 
Historic structures and sites: historic structures or areas of national, state or local importance.
(h) 
Scenic viewsheds and special features: sites bordering designated state, county or Town scenic roads, or special features identified in the Town's Comprehensive Plan.[5]
[5]
Editor's Note: The Comprehensive Plan is on file in the Town offices.
(i) 
Significant natural areas and features: areas identified within the Town of Warwick Biodiversity Conservation Overlay (BC-O) District, areas with rare vegetation, significant habitats, or habitats of endangered, threatened or special concern species as determined by the New York Department of Environmental Conservation (Natural Heritage Program) or the Town Conservation Board, mature forests over 100 years old, locally important vegetation (such as trees over 24 inches in diameter at breast height), or unique natural or geological formations.
(j) 
Trails: existing and potential trails, bikeways, and pedestrian routes of Town, state or county significance.
(k) 
Recreation: lakes, ponds or other significant recreational areas, or opportunities or sites designated in the Town's Comprehensive Plan.
(l) 
Applicant request: on lands where the applicant has requested approval of a cluster subdivision.
C. 
Permitted, accessory and special permit uses.
(1) 
Permitted, accessory and special permit uses within a cluster subdivision shall be the same as those otherwise allowed in the zoning district in which the development is located. As an alternative to single-family detached dwellings, townhouse-style architecture is also permitted in cluster subdivisions, provided common areas are in condominium or cooperative ownership and subject to review by the Town Attorney or Deputy Town Attorney.
(2) 
Open space land, comprising a portion of the cluster subdivision, as defined in § 164-41.1J.
D. 
Density.
(1) 
The permitted number of dwelling units shall not exceed the number of units that, in the Planning Board's judgment, would be permitted if the land were subdivided into lots fully conforming to the minimum lot size and density requirements of this chapter applicable to the district or districts in which such land is situated and conforming to all other requirements of the Town of Warwick Code. In accordance with the incentive zoning provisions of § 261-b of New York State Town Law, density bonuses are available, for subdivision of lots of record of 10 acres or larger, provided such application includes community amenities or benefits as outlined in § 164-47.6D(5) herein. Exceptions to the density requirements will be provided in the TN-O District under the Town of Warwick transfer of development rights (TDR) and zoning incentives for open space preservation programs described in §§ 164-47.4 and 164-47.6.
[Amended 6-9-2011 by L.L. No. 3-2011[6]]
[6]
Editor's Note: This local law also renumbered former Subsection D(2)(f) and (g) as D(2)(e)[6][a] and [b], respectively, and renumbered former Subsection D(2)(g)[1] as D(2)(e)[7].
(2) 
To determine density, the applicant shall submit a yield plan, designed so that no waivers from any provision of the Town of Warwick Code shall be necessary and meeting the following requirements:
(a) 
Yield plans shall be prepared as a conceptual sketch plan in accordance with the minimum lot sizes and other development standards for the zoning district involved.
(b) 
Yield plans shall show proposed lots, streets, rights-of-way, and other pertinent features.
(c) 
Yield plan density shall be based upon an analysis conducted in accordance with the Town's environmental control formula contained in § 164-41.3 (see Table ECF).
(d) 
Nothing herein shall preclude an applicant from submitting a fully engineered yield subdivision plan that meets all of the requirements of the Zoning Law, Subdivision Regulations,[7] and Street Specifications[8] to determine lot yield.
[1] 
Fully engineered yield subdivision plans shall include percolation and deep tests on each lot, conceptual drainage designs, and shall be designed so that no waivers from any provision of the Town of Warwick Code shall be necessary.
Zoning
District
Base Density
(acres/du)
Density Bonus
(acres/du)
CO
6
5.6
MT
5
4.6
RU
4
3.6
SL
3
2.6
[2] 
Where active agricultural lands are proposed for continuation within the open space lands, soils testing may be reduced for homogeneous soils that are classified within Soil Groups 1 through 4 of the New York State Land Classification System.
[3] 
Fully engineered and environmental control formula derived yield subdivision plans shall be realistic and must not show potential house sites or streets in areas that would not ordinarily be legally permitted in a conventional subdivision. If necessary, the Planning Board may require the applicant to provide an analysis of potential compatibility or incompatibility of the yield plan with the standards for issuance of permits and letters of permission found in 6 NYCRR 663.5 when sites involve state-protected freshwater wetlands or other resources for which discretionary permits would be required.
[7]
Editor's Note: See Ch. 137, Subdivision of Land.
[8]
Editor's Note: See Ch. A168, Street Specifications.
(e) 
Density bonus. Density bonuses are available for cluster subdivisions. The Town Board has determined that it is appropriate to make adjustments to permissible density for the specific purpose of encouraging development that is consistent with the Town Comprehensive Plan,[9] smart growth principles and that provide community benefits. To achieve this intent, the density of the proposed cluster subdivision, as determined by the yield plan, may be increased in accordance with two, three or four of the following six options. See § 164-41.1D(2)(e)[7] below for an example of how the density bonus works:
[1] 
Option 1. All cluster developments must preserve at least 50% of a tract's developed acreage as open space land. Cluster developments that preserve additional open space, in accordance with the following table, are eligible for an increase in the number of units over the base number of dwelling units in accordance with the following density bonus:
Zoning
District
Base Density
(acres/du)
Percentage
Open Space
Preserved
Density
Bonus
(acres/du)
CO
6
80
5.6
MT
5
75
4.6
RU
4
70
3.6
SL
3
65
2.6
[2] 
Option 2. Cluster developments that provide construction of multipurpose trails on the applicant's lands, either for use by the development's residents or by members of the public, are eligible for an increase in the number of units over the base number of dwelling units in accordance with the following density bonus:
Zoning
District
Base Density
(acres/du)
Density
Bonus
(acres/du)
CO
6
5.6
MT
5
4.6
RU
4
3.6
SL
3
2.6
[3] 
Option 3. The Town of Warwick encourages shared or community sanitary sewage disposal systems for cluster development, but such systems are not required. Cluster developments that provide development of shared or community sanitary sewage disposal systems, instead of individual sanitary sewage disposal systems, are eligible for an increase in the number of units over the base number of dwelling units in accordance with the following density bonus:
Zoning
District
Base Density
(acres/du)
Density
Bonus
(acres/du)
CO
6
5.6
MT
5
4.6
RU
4
3.6
SL
3
2.6
[4] 
Option 4. The Town of Warwick requires that the open space in a cluster development be preserved either through a conservation easement or deed restrictions, with the Town Board granted third-party enforcement rights, regardless of the method chosen. The Town encourages the use of conservation easements titled to a bona fide private conservation organization as defined in Article 49 of the New York State Environmental Conservation Law. Cluster developments that preserve open space by conservation easement with appropriate baseline surveys are eligible for an increase in the number of units over the base number of dwelling units in accordance with the following density bonus:
Zoning
District
Base Density
(acres/du)
Density
Bonus
(acres/du)
CO
6
5.6
MT
5
4.6
RU
4
3.6
SL
3
2.6
[5] 
Option 5. The Town of Warwick requires that density be calculated either by use of the environmental control formula, contained in § 164-41.3 of the Zoning Law, or by a fully engineered yield subdivision plan that meets all of the requirements of the Zoning Law, Subdivision Regulations and Street Specifications. The Town encourages use of the environmental control formula. Cluster developments that use the environmental control formula to calculate density are eligible for an increase in the number of units over the base number of dwelling units in accordance with the following density bonus:
Zoning
District
Base Density
(acres/du)
Density
Bonus
(acres/du)
CO
6
5.6
MT
5
4.6
RU
4
3.6
SL
3
2.6
[6] 
Option 6. The Town of Warwick encourages the wise use of all resources by promoting energy savings, water efficiency, CO2 emissions reduction, improved indoor environmental quality, and stewardship of natural resources. Cluster developments that incorporate green building technologies and that provide evidence that each building in such development has been certified as compliant with one or more of the following green building standards, LEED (United States Green Building Council's Leadership in Energy and Environmental Design (LEED) certification) for Homes basic certification, the Green Residential Building Standards of the New York State Energy Research and Development Authority, or an energy and environmental design standard deemed equivalent by the Planning Board, are eligible for an increase in the number of units over the base number of dwelling units in accordance with the following density bonus requirements:
[a] 
For purposes of requesting Option 6, evidence of LEED for Homes basic certification, the Green Residential Building Standards of the New York State Energy Research and Development Authority, or an energy and environmental design standard deemed equivalent by the Planning Board, shall be provided prior to the issuance of a certificate of occupancy by the Town of Warwick Building Department for all dwelling units in the cluster subdivision.
[b] 
Applicants seeking to use Option 6 shall make a cash payment in accordance with the Town of Warwick Fee Schedule,[10] in lieu of the evidence, into the Town of Warwick Green Building Fund, until such time as evidence is presented to the Town Building Department that each dwelling has been so certified. Third-party verification is required to claim certification. Such funds shall be refunded upon presentation of evidence. For any subdivision that fails to produce evidence, the funds in the Green Building Fund shall be used to pay for the costs of administering and regulating green building development. The purpose of the Green Building Fund is to preserve natural resources of the Town by monitoring new development, encouraging energy conservation and green building practices.
[10]
Editor's Note: See Ch. 75, Development Fees.
[7] 
Calculating bonus. Cluster developments that provide two or more options identified in Subsection D(2)(e)[1] through [6] above, are eligible for an increase in density over the base number of dwelling units. Cluster developments that provide four of the six available options are eligible for the full density bonus. The bonus requested shall be illustrated on the preliminary plan documents. While compliance with all six options is encouraged, the maximum density bonus available is illustrated in the following table:
Zoning
District
Base Density
(acres/du)
Two Options
Density
(acres/du)
Three Options
Density
(acres/du)
Four Options
Density
(acres/du)
CO
6
5.6
5.3
5
MT
5
4.6
4.3
4
RU
4
3.6
3.3
3
SL
3
2.6
2.3
2
[9]
Editor's Note: The Comprehensive Plan is on file in the Town offices.
E. 
Cluster subdivision design process. Once the maximum permissible number of lots in a cluster subdivision has been established, the next step is to create a cluster design layout. This layout shall include an identification of primary and secondary conservation lands within a parcel(s), which includes those elements most highly valued by the community. Illustrations of the design process are provided herein to assist applicants and landowners.
(1) 
Sketch plan. A sketch plan shall be submitted by the applicant as a diagrammatic basis for informal discussions with the Planning Board regarding the design of a proposed subdivision or land development. The purpose of a sketch plan is to facilitate an expedient review of proposed new subdivisions in conformance with the Town Zoning Law and Comprehensive Plan.[11] Sketch plan submission is a way to help applicants and Planning Board members develop a better understanding of the property and to help establish an overall design approach that respects its special or noteworthy features, while providing for the density permitted under the Zoning Law. To provide a full understanding of the site's potential and to facilitate the most effective exchange with the Planning Board, the sketch plan shall include the information listed below. Many of these items can be taken from the existing resources and site analysis plan, a document that must in any case be prepared and submitted no later than the date of the site inspection, which precedes the preliminary plan.
(a) 
The information required by § 137-26A of the Subdivision Regulations;
(b) 
One-hundred-year floodplain limits, and approximate location of state and/or federal wetlands, if any;
(c) 
Topographical and physical features, including existing structures, wooded areas, hedgerows and other significant vegetation, steep slopes (over 15%), soil types, ponds, streams within 200 feet of the tract, and existing rights-of-way and easements;
(d) 
Schematic layout indicating a general concept for land conservation and development (bubble format is acceptable for this delineation of conservation areas);
(e) 
In the case of land development plans, proposed general layout, including building locations, parking lots, and open spaces;
(f) 
Site context map. A map showing the location of the proposed subdivision within its neighborhood context shall be submitted. For all sites, such maps shall be at a scale not less than one inch equals 1,000 feet, and shall show the relationship of the subject property to natural and man-made features existing within 2,000 feet of the site. The features that shall be shown on site context maps include topography and streams (from USGS maps), state and/or federal wetlands, woodlands over 1/2 acre in area (from aerial photographs), ridgelines, public roads and trails, utility easements and rights-of-way, public land, and land protected under conservation easements.
[11]
Editor's Note: The Comprehensive Plan is on file in the Town offices.
(2) 
Preliminary plan documents. A preliminary cluster subdivision plan shall consist of and be prepared in accordance with the following requirements, which are designed to supplement and, where appropriate, replace the requirements of Chapter 137 of the Warwick Code:
(a) 
Preliminary plan. The submission requirements for a preliminary plan include the requirements for sketch plans listed in § 164-41.1E(1) above; and
(b) 
The submission requirements of § 137-27 or 137-28 of the Subdivision Regulations; and
(c) 
Existing resources and site analysis plan.
[1] 
For all cluster subdivisions (except those in which all proposed lots are to be 10 or more acres in area), an existing resources and site analysis plan shall be prepared to provide the developer and the Planning Board with a comprehensive analysis of existing conditions, both on the proposed development site and within 500 feet of the site. The existing resources and site analysis plan becomes the basis for the four-step design process. Conditions beyond the parcel boundaries may be described on the basis of existing published data available from governmental agencies, and from aerial photographs.
[2] 
The Planning Board shall review the plan to assess its accuracy and thoroughness. Unless otherwise specified by the Planning Board, such plans shall be prepared at the scale of one inch equals 100 feet or one inch equals 200 feet, whichever would fit best on a single standard size sheet. The following information shall be included in this plan:
[a] 
Topography, the contour lines of which shall be at two-foot intervals, determined by photogrammetry (although ten-foot intervals are permissible beyond the parcel boundaries, interpolated from published USGS maps). The determination of appropriate contour intervals shall be made by the Planning Board, which may specify greater or lesser intervals on exceptionally steep or flat sites. Slopes between 15% and 25% and exceeding 25% shall be clearly indicated. Topography for major subdivisions shall be prepared by a professional land surveyor or professional engineer from an actual field survey of the site or from stereoscopic aerial photography and shall be coordinated with official USGS benchmarks.
[b] 
The location and delineation of ponds, streams, and natural drainage swales as well as the one-hundred-year floodplains and wetlands, as defined by the State of New York and the United States Army Corps of Engineers.
[c] 
Vegetative cover conditions on the property according to general cover type, including cultivated land, permanent grass land, old field, hedgerow, woodland and wetland, isolated trees with a caliper in excess of 12 inches, the actual canopy line of existing trees and woodlands. Vegetative types shall be described by plant community, relative age and condition.
[d] 
Soil series, types and phases, as mapped by the United States Department of Agriculture, Natural Resources Conservation Service in the Orange County Soil Survey, and accompanying data published for each soil relating to its suitability for construction (and, in unsewered areas, for septic suitability). Classify soils into the soil groups identified in the environmental control formula found in § 164-41.3.
[e] 
Ridgelines and watershed boundaries shall be identified.
[f] 
A viewshed analysis showing the location and extent of views into the property from public roads and from public parks, public forests, and state game lands.
[g] 
Geologic formations on the proposed development parcel, based on available published information or more detailed data obtained by the applicant.
[h] 
The location and dimensions of all existing streets, roads, buildings, utilities and other man-made improvements.
[i] 
Locations of all historically significant sites or structures on the tract and on any abutting tract.
[j] 
Locations of trails that have been in public use (pedestrian, equestrian, bicycle, etc.) or proposed on the Town of Warwick Greenway Trail map.
[k] 
All easements and other encumbrances of property which are or have been filed of record with the Orange County Clerk's office shall be shown on the plan.
(3) 
Four-step design process for cluster subdivisions. All sketch plans shall include Step 1 of the four-step design process. All preliminary plans shall include documentation of a four-step design process in determining the layout of proposed open space lands, house sites, streets and lot lines, as described below:
(a) 
Step 1: delineation of open space lands. Proposed open space lands shall be designated using the existing resources and site analysis plan as a base map and complying with § 164-41.1E(2)(c) and Chapter 137 of the Town Code, dealing with resource conservation and greenway delineation standards. The Town's Comprehensive Plan and Open Space Index shall also be considered. Primary conservation areas shall be delineated comprising floodplains, wetlands and slopes over 25% as shown by example on Figure 1a. Secondary conservation areas shall be delineated comprising the resources listed in § 164-41.1E(2)(c) and as shown by example on Figure 1b. The applicant shall prioritize natural and cultural resources on the tract in terms of their suitability, highest to least, for inclusion in the proposed open space, in consultation with the Planning Board after a site inspection, to create a prioritized list of resources to be conserved. On the basis of those priorities and practical considerations given to the tract's configuration, its context in relation to resource areas on adjoining and neighboring properties, and the applicant's subdivision objectives, secondary conservation areas shall be delineated (see Figure 1b) to meet at least the minimum area percentage requirements for open space lands and in a manner clearly indicating their boundaries as well as the types of resources included within them. Calculations shall be provided indicating the applicant's compliance with the acreage requirements for open space areas on the tract. The result is shown on Figure 1c, potential development areas. If the secondary conservation areas include active agricultural lands or contain soils classified within Soil Groups 1 through 4 of the New York State Land Classification System, the siting guidelines found in § 164-47.3D shall be followed in the design process.
 164_1A.tif
 164_1B.tif
 164_1C.tif
(b) 
Step 2: location of house sites. Potential house sites shall be tentatively located, using the proposed open space lands as a base map as well as other relevant data on the existing resources and site analysis plan such as topography and soils. House sites should generally be located not closer than 100 feet to primary conservation areas and 50 feet from secondary conservation areas, taking into consideration the potential negative impacts of residential development on such areas as well as the potential positive benefits of such locations to provide attractive views and visual settings for residences.
 164-housesites.tif
(c) 
Step 3: alignment of streets and trails. Upon designating the house sites, a street plan shall be designed to provide vehicular access to each house, complying with the standards identified herein and bearing a logical relationship to topographic conditions. Impacts of the street plan on proposed open space lands shall be minimized, particularly with respect to crossing environmentally sensitive areas such as wetlands and traversing slopes exceeding 15%. Existing and future street connections are encouraged to eliminate the number of new culs-de-sac to be maintained by the Town and to facilitate access to and from homes in different parts of the tract and adjoining parcels. Culs-de-sac are appropriate when they support greater open space conservation or provide extensive pedestrian linkages.
 164_3.tif
(d) 
Step 4: drawing in the lot lines. Upon completion of the preceding three steps, lot lines are drawn as required to delineate the boundaries of individual residential lots.
 164_4.tif
(e) 
Note on the four-step site design process for hamlets and adjoining villages. The design process for developing cluster subdivisions in or adjacent to hamlets and villages shall be a variation on the four-step process for conservation subdivisions, as described herein. In hamlets and near villages, where traditional streetscape and terminal vistas are of greater importance, Steps 2 and 3 may be reversed, so that streets and squares are located during the second step, and house sites are located immediately thereafter. The first step is to identify open space lands, including both primary and secondary conservation areas.
F. 
Dimensional standards. Except as specified herein, all dimensional standards normally applicable to other subdivisions and uses shall also be applicable to cluster subdivision.
(1) 
Minimum required open space: In all zoning districts, a cluster subdivision must preserve at least 50% of the tract's developed acreage as open space land. Parking areas and roads shall not be included in the calculation of the minimum required open space.
(2) 
Minimum lot width at building line: 80 feet.
(3) 
Minimum street frontage: 20 feet.
(4) 
Yard regulations: The builder or developer is urged to consider variations in the principal building position and orientation, but shall observe the following minimum standards:
(a) 
Front yard: 20 feet.
(b) 
Rear yard: 40 feet.
(c) 
Side yard: 30 feet separation for principal buildings, with no side yard less than 10 feet.
(5) 
Maximum impervious coverage: No more than 35% of any given acre shall be covered with impervious surface in the form of access drives, parking areas or structures.
(6) 
Minimum lot size: The minimum lot size for developments with individual sanitary sewage disposal systems shall be 12,500 square feet per single-family unit. When community water and/or sewerage systems are involved, the bulk standards found in § 164-47C(2) shall be used as guidelines. Attached or townhouse-style units shall be in condominium, cooperative, or other acceptable ownership options.
G. 
Open space standards.
(1) 
The required open space land consists of a combination of primary conservation areas and secondary conservation areas. primary conservation areas include freshwater wetlands and ponds with a one-hundred-foot surrounding buffer area where practical, streams, lands within the one-hundred-year floodplain, unbuildable lands in Soil Groups IX, X, XII, XIII, XIV, XV from § 164-41.3, Table ECF, and lands having slopes of 25% or more. The proposed subdivision design shall strictly minimize disturbance of these environmentally sensitive areas. Primary conservation areas shall be included in the required open space area to the greatest extent practical. The applicant shall also demonstrate that such features will be protected by the proposed subdivision plan. Secondary conservation areas include special features of the property that would ordinarily be overlooked or ignored during the design process such as agricultural lands, woodlands, significant natural areas and features, stone walls, hedgerows, meadows, historic structures and sites, historic rural corridors, scenic viewsheds, and trails. Secondary conservation areas shall be included in the required open space area to the greatest extent practical such that protecting these resources will, in the judgment of the Planning Board, achieve the purposes of this section.
(2) 
Open space lands shall be laid out in general accordance with the Town's Comprehensive Plan[12] to better enable an interconnected network of open space.
[12]
Editor's Note: The Comprehensive Plan is on file in the Town offices.
(3) 
A recreational fee in lieu of land, as set forth in the Town's fee schedule,[13] shall be imposed to accommodate the foreseeable recreational needs of the proposed subdivision's residents. Upon the recommendation of the Planning Board and where the Town Board deems it appropriate for land to be deeded to the Town for recreational purposes, up to 10% of the total acreage may be subject to the Town's recreational land dedication requirement. Typically, this acreage will be used to provide potential connections within the Town's long-range trail network.
[13]
Editor's Note: See Ch. 75, Development Fees.
(4) 
Active agricultural land with farm buildings may be used to meet the minimum required open space land. Access to open space land used for agriculture may be appropriately restricted for public safety and to prevent interference with agricultural operations. Land used for agricultural purposes shall be buffered from residential uses, either bordering or within the tract, by a minimum setback of at least 100 feet and, if practical, 200 feet deep. No clearing of trees or understory growth shall be permitted in this setback (except as may be necessary for street or trail construction). Where this buffer is unwooded, the Planning Board may require vegetative screening to be planted, or that it be managed to encourage natural forest succession through no-mow policies and the periodic removal of invasive alien plant and tree species.
(5) 
Open space land should generally remain undivided. No individual parcel of common open space shall be less than one acre except as to roadway median strips, traffic islands, walkways, trails, courtyards, play areas, recreation facilities, drainageways leading directly to streams, historic sites or unique natural features requiring common ownership protection.
(6) 
No portion of any house lot may be used for meeting the minimum required open space land unless encumbered with a restriction.
H. 
House lot standards. Development areas for the location of house lots include the necessary building envelope for each dwelling unit, constituting the remaining lands of the tract outside of the designated open space areas. House lots shall be designed in accordance with the following standards:
(1) 
House lots shall not encroach upon primary conservation areas, and their layout shall respect secondary conservation areas.
(2) 
All new dwellings shall meet the following setback requirements to the greatest extent practicable:
(a) 
From all external road ultimate rights-of-way: 100 feet.
(b) 
From all other tract boundaries: 50 feet.
(c) 
From agricultural lands, as defined herein at Subsection G(4), either bordering or within the tract: 200 feet.
(d) 
From buildings or barnyards housing livestock: 300 feet.
(e) 
From active recreation areas such as courts or playing fields (not including tot lots): 150 feet.
(3) 
Views of house lots from exterior roads and abutting properties shall be minimized by the use of changes in topography, existing vegetation, or additional landscaping which meets the landscaping requirements of the Zoning Law and Subdivision Regulations.[14]
[14]
Editor's Note: See Ch. 137, Subdivision of Land.
(4) 
House lots shall generally be accessed from interior streets, rather than from roads bordering the tract. New intersections with existing public roads shall be minimized. Cul-de-sac streets shall not be created to provide access to residential lots except in situations where, in the view of the Planning Board, a through street cannot reasonably be provided due to the physical characteristics of the subdivision parcel and adjoining properties. Where a cul-de-sac street is authorized, either as a permanent dead-end street or as a temporary dead-end street pending completion of a through-road network to adjoining parcels, not more than 20 single-family residential lots may gain access from either the initial development or extension of such cul-de-sac street. Existing residential lots shall count towards the maximum of 20 lots on a dead-end or cul-de-sac street.
(5) 
At least 3/4 of the lots shall directly abut or face conserved open space, if practical.
(6) 
Setbacks for wells. If active agricultural lands constitute the open space, as defined in § 164-41.1G(4), the minimum setback for wells from such active agricultural lands shall be 100 feet.
(7) 
For cluster subdivision of lands in the AP-O District, house lots shall be designed in accordance with the following guidelines:
(a) 
All surficial soils classified as prime farmland soils (Class 1 and 2) or soils of statewide significance (Class 3 and 4) or black dirt soils should be avoided by subdivision development to the greatest extent practical. Other existing features, whose preservation would benefit the Town and the subdivision, should be avoided through sensitive design of the cluster subdivision. Such features include but are not limited to:
[1] 
Groves of mature trees.
[2] 
Large individual trees.
[3] 
Hedgerows.
[4] 
Woodlands along roadways, property lines, and streams.
[5] 
Scenic vistas.
[6] 
Water features such as streams, ponds, floodplains, lakes and wetlands.
[7] 
Stone walls.
[8] 
Steep slopes in excess of 15%.
[9] 
Habitats of endangered or threatened species.
[10] 
Visually prominent agricultural landscape features such as fields, pastures and meadows on knolls and hilltops.
[11] 
Historic structures or sites.
[12] 
Similar irreplaceable assets.
(b) 
Residential structures in the AP-O District should be located according to the following guidelines, which are listed in order of significance (some of which may conflict with each other on a particular site, in which case, the Planning Board may use its discretion to resolve such conflicts):
[1] 
On the least fertile agricultural soils and in a manner which maximizes the usable area remaining for agricultural use;
[2] 
Away from the boundaries of any preserved farm, to reduce conflicting uses in areas where farmers have made long-term commitments to continue to farm;
[3] 
In such a manner that the boundaries between house lots and active farmland are well buffered by vegetation, topography, roads or other barriers to minimize potential conflict between residential and agricultural uses;
[4] 
To avoid disturbance to the existing environmental, cultural and scenic features noted in Subsection H(1) above;
[5] 
To be as visually inconspicuous as practical when seen from state, county and local roads, and particularly from designated scenic routes;
[6] 
Next to other residences or building lots on adjacent properties;
[7] 
To minimize the perimeter of the built area by encouraging compact development and discouraging strip development along roads;
[8] 
On suitable soils for subsurface sewage disposal (where applicable);
[9] 
Within woodlands, or along the far edges of open agricultural fields adjacent to any woodland, to reduce encroachment upon agricultural soils, provide shade in summer and shelter in winter, and to enable new residential development to be visually absorbed by the natural landscape;
[10] 
In locations where the greatest number of dwelling units could be designed to take advantage of solar heating and solar electric opportunities; and
[11] 
Any other mitigation measure imposed under SEQR.
I. 
Streets and driveways.
(1) 
Common driveway access may be provided to serve up to six dwellings. Common driveways should be 16 feet wide or, at a minimum, provide for vehicle pull-offs that are 16 feet in width at intervals no less than every 500 feet. A pedestrian circulation and/or trail system shall be designated and installed sufficient for the needs of residents, as deemed practical by the Planning Board.
(2) 
Cluster subdivision streets shall meet the Town street specifications,[15] unless access arrangements have been made in accordance with § 280-a of New York State Town Law. Where appropriate, the Planning Board shall work with the Commissioner of Public Works to ensure that the Town of Warwick's street specifications, normally applicable to conventional subdivisions, do not impact or detract from the rural and environmental character of a cluster subdivision. The Commissioner of Public Works has the ability to make a recommendation as to the interpretation of any part of the street specification requirements and to modify such requirements under § A168-22 of the Town Code. Cluster subdivisions containing 20 lots or more shall have at least two connections with existing streets, streets on an approved subdivision plat for which a bond has been filed, or access to an existing private road. Regardless of the street design employed, the applicant shall demonstrate and the Planning Board shall find that emergency services access is adequate for the number of dwellings proposed.
[15]
Editor's Note: See Ch. A168, Street Specifications.
(3) 
From an aesthetic and speed control perspective, curving roads are preferred in an informal rural cluster to avoid long straight segments. Shorter straight segments connected by 90 degree and 135 degree bends are preferred in a more formal or traditional arrangement.
(4) 
Whenever appropriate, street systems should produce terminal vistas of open space in accordance with the conservation emphasis of the cluster subdivision design and to positively contribute to the Town's open space goals.
(5) 
The use of reverse curves should be considered for local access streets in cluster subdivisions in conjunction with long horizontal curve radii (at least 250 feet) and where traffic speeds will not exceed 30 miles per hour.
(6) 
Single-loaded streets are encouraged alongside conservation areas to provide views of the conservation lands for residents and visitors.
(7) 
Street trees may be required, depending upon the open or wooded character of the parcel, in accordance with § 137-19 of the Town Code, and survivability shall be assured in accordance with § 164-46G(3)(n)[3].
(8) 
The Planning Board shall consider the potential fiscal impacts on the Town's resources for all streets, including required drainage facilities, landscaping and other access-related features. If the Planning Board identifies a potential fiscal impact, as a condition of subdivision approval the Planning Board may require the formation or extension of a special improvement district(s) pursuant to Articles 12 and 12-a of New York State Town Law or other mechanism acceptable to the Deputy Town Attorney, such as formation of a homeowners' association.
J. 
Permanent protection of open space. Conservation easements are the preferred method to protect open space under New York State Law. Other instruments, such as deed restrictions acceptable to the Town Attorney, may also be used to protect open space at the option of the applicant. Regardless of the method chosen, the permanent preservation of such open space shall be legally assured to the satisfaction of the Planning Board and Town Attorney. In all cases, the Town Board shall be granted third-party enforcement rights to enforce the terms of the easement or other legally binding instrument. The following regulations shall apply:
(1) 
Conservation easements shall be titled to a private conservation organization or to the Town of Warwick, provided that:
(a) 
The conservation organization is acceptable to Town and is a bona fide conservation organization as defined in Article 49 of the New York State Environmental Conservation Law;
(b) 
The conveyance contains appropriate provisions for proper reverter or retransfer in the event that the conservation organization or Town of Warwick becomes unwilling or unable to continue carrying out its functions;
(c) 
A maintenance agreement acceptable to the Town is established between the owner and the conservation organization or Town of Warwick to insure perpetual maintenance of the open space.
(2) 
The conservation easement or other legally binding instrument shall permanently restrict the open space from future subdivision, shall define the range of permitted activities, and, if held by a conservation organization, shall give the Town the ability to enforce these restrictions. Under no circumstances shall any development be permitted in the open space at any time, except for the following uses:
(a) 
Conservation of open land in its natural state (for example, woodland or meadow). The clearing of woodland shall generally be prohibited, except as necessary to create trails, active recreation facilities, and to install subsurface sewage disposal systems. The determination of necessity shall lie with the Planning Board.
(b) 
Agricultural and horticultural uses, including raising crops or livestock, wholesale nurseries, and associated buildings, that are specifically needed to support an active, viable agricultural or horticultural operation. Specifically excluded are concentrated animal feeding operations (CAFO's) as defined by the United States Environmental Protection Agency, or commercial livestock operations involving swine, poultry, mink, ratites, and other animals likely to produce highly offensive odors.
(c) 
Game preserve, wildlife sanctuary, or other similar conservation use.
(d) 
Woodlots, arboreta, and silviculture in keeping with established standards for selective harvesting and sustained-yield forestry.
(e) 
Neighborhood open space uses such as village greens, commons, picnic areas, community gardens, trails, and similar low-impact passive recreational uses specifically excluding motorized off-road vehicles, rifle ranges, and other uses similar in character and potential impact as determined by the Planning Board.
(f) 
Active noncommercial recreation areas, such as playing fields, playgrounds, and courts, provided such areas do not consume more than half of the minimum required open space land or five acres, whichever is less. Playing fields, playgrounds, and courts shall not be located within 150 feet of abutting properties nor shall such facilities be equipped with lighting. Parking facilities for the same shall also be permitted, and they shall generally be gravel-surfaced, unlighted, properly drained, provide safe ingress and egress, and contain no more than ten parking spaces. Such recreation uses may be a public park or recreation area owned and operated by a public or private nonprofit agency, but shall not include storage of materials, trucking or repair facilities, or private or municipal sanitary landfills.
(g) 
Golf courses may comprise the required open space land, but shall not include miniature golf. Their parking areas and any associated structures shall not be included within the open space requirement; their parking and accessways may be paved and lighted. As part of the SEQR environmental review process of a golf course, the Planning Board, if acting as lead agency, shall consider the development and use of a comprehensive guidance document for the management of natural resources and environmental impacts associated with the golf course to minimize or avoid the effects of regrading, removal of vegetation, loss of natural habitats and loss of animal species on the site. The natural resource management goals of such a guidance document would be to plan for:
(h) 
Wildlife conservation and habitat enhancement;
(i) 
Waste reduction and management;
(j) 
Energy efficiency;
(k) 
Water conservation;
(l) 
Water quality management and monitoring; and
(m) 
Integrated pest management including an organic (i.e., no- or low-pesticide use) approach to golf course management.
(n) 
Water supply and sewage disposal systems, and stormwater detention areas designed, landscaped, and available for use as an integral part of the open space area.
(o) 
Easements for drainage; access, sewer or water lines, or other public purposes.
(p) 
Underground utility rights-of-way. Aboveground utility and street rights-of-way may traverse conservation areas but shall not count toward the minimum required open space land.
K. 
Ownership of open space land and common facilities. The following methods may be used, either individually or in combination, for ownership of open space land (exclusive of its conservation easement) and common facilities. Open space trails may be initially offered for dedication to the Town. Open space land and common facilities shall not be transferred to another entity except for transfer to another method of ownership permitted under this section. Ownership methods shall conform to the following:
(1) 
Fee simple dedication to the Town. The Town may, but shall not be required to, accept any portion of the open space land and common facilities, provided that:
(a) 
There is no substantial cost of acquisition to the Town; and
(b) 
The Town agrees to and has access to maintain such facilities; and
(c) 
Such facilities for public use shall be accessible to residents of the Town.
(2) 
Homeowners' association. Open space land and common facilities may be held in common ownership by a homeowners' association, subject to all of the provisions for homeowners' associations set forth in New York State regulations. In addition, the following regulations shall be met:
(a) 
The applicant shall provide the Town with a description of the organization of the proposed association, including its by-laws, and all documents governing ownership, maintenance, and use restrictions for common facilities.
(b) 
The proposed association shall be established by the owner or applicant and shall be operating (with financial subsidization by the owner or applicant, if necessary) before the sale of any dwelling units in the development.
(c) 
Membership in the association shall be mandatory for each property owner within the subdivision and successive owners in title with voting of one vote per lot or unit, and the subdivider's control, therefore, passing to the individual lot/unit owners on sale of the majority of the lots or units. Building permits for the remainder of the lots or units in the subdivision shall not be issued until the owner or applicant provides evidence to the Town Code Enforcement Officer of their transfer of control in the association to the individual lot/unit owners.
(d) 
The association shall be responsible for liability insurance, local taxes and maintenance of open space land, recreational facilities and other commonly held facilities.
(e) 
The by-laws shall confer legal authority on the association to place a lien on the real property of any member who falls delinquent in his or her dues. Such dues shall be paid with the accrued interest before the lien may be lifted.
(f) 
Written notice of any proposed transfer of common facilities by the association or the assumption of maintenance for common facilities must be given to all members of the association and to the Town no less than 30 days prior to such event.
(g) 
The association shall have adequate resources to administer, maintain, and operate such common facilities.
(h) 
The common open space land shall be protected by conservation easement from future subdivision and development.
(i) 
The Planning Board remains responsible for assuring that proper provision has been made for ownership and maintenance of the open space land.
(j) 
Ownership shall be structured in such a manner that real property taxing authorities may satisfy property tax claims against the open space lands by proceeding against all individual owners in the homeowners' association and the dwelling units they each own.
(k) 
Ongoing maintenance standards shall be established, enforceable by the Town against an owner of open space land as a condition of subdivision approval, to assure that the open space land does not detract from the character of the neighborhood.
(l) 
The applicant shall make a conditional offer of dedication to the Town, binding upon the homeowners' association, for all open space conveyed to the homeowners' association. Such offer may be accepted by the Town, at the discretion of the Town Board, upon the following:
[1] 
Failure of the homeowners' association to take title to the open space from the applicant or other current owner;
[2] 
Upon dissolution of the homeowners' association at any future time;
[3] 
Upon failure of the homeowners' association to fulfill its maintenance obligations hereunder;
[4] 
Upon failure of the homeowners' association to pay its real property taxes.
(m) 
The Town Attorney shall find that the HOA documents presented satisfy the conditions in Subsection K(2)(a) through (l) above and such other reasonable conditions as the Planning Board shall deem necessary.
(3) 
Noncommon private ownership. The required open space land may be included within one or more large conservancy lots, provided the open space is permanently restricted from future development, except for those uses listed in § 164-41.1J(2). This option may be preferable for open space land that is intended for agricultural, horticultural, or silvicultural use.
L. 
Maintenance. Unless otherwise agreed to by the Planning Board, the cost and responsibility of maintaining common open space and facilities shall be borne by the homeowners' association, conservation organization, private owner, or, in the case of open space and facilities deeded to the Town, the municipality.
M. 
Sewage treatment systems. The Town of Warwick encourages shared or community sanitary sewage disposal systems for cluster developments. Such systems may be located in the required open space lands such as on conservation meadows, village greens, and active or passive recreation areas, provided such areas are not paved or covered with other impervious surfaces. Sanitary sewage disposal systems of an individual nature may also be located within or extend into required open space areas. Regardless of the type of subsurface sewage disposal methods employed, all required separation distances shall be observed and the ownership and maintenance responsibilities associated therewith shall be clearly defined in agreements submitted for approval as part of the subdivision application. No application shall be approved that does not provide lot buyers with both the legal authority and the responsibility, individually or collectively, to maintain all sewer facilities on a continuing basis. This may include the creation of a special district under Articles 12 and 12-a of New York State Town Law, Attachment B.
A. 
Purpose. Conservation density subdivisions encourage the preservation of large tracts of open space by affording flexibility to landowners in road layout and design. Such subdivisions preserve open space by creating lots that average at least two times the minimum size required in the zoning district. This lower density is maintained in perpetuity through the use of permanent conservation easements and other legally binding instruments, as described in §§ 164-41.1.J, 164-41.1K, and § 164-41.1L and running with the land. To encourage the establishment of these permanent low densities, the Planning Board may reduce road frontage requirements and may allow common driveways built to the specifications shown in Subsection K below. In order to approve a conservation density subdivision, the Planning Board must find that the proposed subdivision will maintain or enhance the rural quality of the area and will meet all of the requirements and conditions of this section and such other conditions as the Planning Board deems appropriate under the particular circumstances. Conservation density subdivisions are subject to the open development area requirements of § 280-a of the New York State Town Law.
[Amended 10-27-2016 by L.L. No. 4-2016]
B. 
The average size of the lots within the subdivision must be at least two times the conventional minimum lot area required The minimum common driveway frontage shall be 15 feet and the minimum lot width shall be as shown on the Table of Bulk Requirements.[1]
[Amended 1-24-2002 by L.L. No. 2-2002; 9-11-2003 by L.L. No. 4-2003]
Zoning District
Conservation Density Average Lot Size
(acres)
RU
8
MT
10
CO
12
[1]
Editor's Note: The Table of Bulk Requirements is included at the end of this chapter.
C. 
The maximum number of lots using a proposed common driveway shall be six if the common driveway has one entrance on a public road, and 12 if the common driveway has two entrances. All lots shall have their access on the common driveway, regardless of the potential for access onto an existing Town, county or state road.
D. 
The boundary of each lot served by a common driveway shall extend to the center line of the common driveway with the right-of-way for ingress and egress across the common driveway granted to each lot served by such common driveway.
E. 
The applicant shall submit to the Planning Board as part of the application for preliminary plat approval, a professional engineer's drawings showing the exact location, dimensions and grade of the common driveway, as well as the specifications setting forth the proposed composition of the common driveway.
F. 
Written comment from the Town Commissioner of Public Works and the Town's engineer shall be secured before approval of any common driveway, unless 30 days has passed from the time the Planning Board refers the matter to the Commissioner of Public Works.
G. 
A homeowners' association may be created to provide for the perpetual care and maintenance of the common driveway. Such HOA shall meet all requirements for an open space HOA contained in § 164-41.1K. The HOA must have the power to assess the subdivision lot owners for their share of the maintenance costs of the common driveway. The HOA shall ensure that the common driveway is properly maintained and kept open to permit emergency vehicle access. The Planning Board shall also have discretion to determine whether a performance bond must be posted by the applicant to ensure the proper completion of the common driveway and, if so, how much the performance bond shall be and what form it shall take. If an HOA is not created for perpetual care and maintenance, all lot owners served by the common driveway shall enter into a maintenance and repair agreement with all other lot owners served by such common driveway. Such agreement shall be approved by the Town Attorney.
H. 
The common driveway may never be offered for dedication to the Town of Warwick unless it conforms to the Town Street Specifications in effect on the date of the offer of dedication. However, the Town Board shall be under no obligation to accept such an offer of dedication, even if the common driveway conforms to Town Street Specifications. In the event such dedication becomes necessary to ensure public safety, the cost of bringing the common driveway up to Town Street Specifications shall be borne by the homeowners' association (or the lot owners if there is no HOA).
I. 
The lots in the conservation density subdivision shall be restricted by conservation easement so that they may never be subdivided beyond the number of lots permitted in Subsections B and C above, regardless of whether the road remains a common driveway.
J. 
The subdivision plat shall show the road clearly labeled "common driveway."
K. 
Design standards. The following are minimum standards for construction of common driveways:
(1) 
All construction shall be in accordance with these regulations and shall be under the immediate inspection, supervision and approval of the Town Engineer.
(2) 
The right-of-way for a common driveway shall be not less than 50 feet in width with a wearing surface not less than 16 feet in width. Curbs shall be avoided unless deemed necessary by the Commissioner of Public Works or the Town Engineer.
[Amended 9-11-2003 by L.L. No. 4-2003]
(3) 
Whenever possible common driveways shall follow natural contours.
[Amended 9-11-2003 by L.L. No. 4-2003]
(4) 
Minimum curve radius shall be 100 feet, minimum tangent distance between reverse curves shall be 50 feet.
[Amended 9-11-2003 by L.L. No. 4-2003]
(5) 
Grade shall not exceed 12% nor be less than 1%. Grade shall not be greater than three percent within 50 feet of an intersection.
[Amended 9-11-2003 by L.L. No. 4-2003]
(6) 
The foundation course shall be constructed of eight inches of New York State Department of Transportation Item 304.02.
(7) 
The wearing surface shall consist of two inches of asphalt.
[Amended 9-11-2003 by L.L. No. 4-2003]
(8) 
The maximum length of the common portion of any common driveway shall be 2,000 feet from the access road unless there are two points of access.
(9) 
There shall be an adequate turnaround for emergency vehicles at the end of the common portion of the common driveway.
L. 
The Planning Board may waive the requirement of HOA ownership of a common driveway if it finds, after consulting with the attorney for the Planning Board or the Town Attorney, that a recorded maintenance agreement, executed by the applicant as a condition of subdivision approval, will provide sufficient protections to lot owners and the Town, and that all of the requirements and HOA functions described in § 164-41.2G and H above will be properly fulfilled by such maintenance agreement.
A. 
Procedure for determining maximum number of lots in a cluster subdivision.
(1) 
Prepare a base map containing the parcel boundaries, topography at two-foot contour intervals, and soils based upon the Soil Survey of Orange County, New York, as prepared by the United States Department of Agriculture, Soil Conservation Service, or a detailed soils survey of the site as may be prepared by the Soil Conservation Service or a qualified soil scientist. Where both the Orange County Soil Survey and a detailed soils survey are available, the latter shall control. The Town of Warwick Soil Classification Map, available for review in the Town Building Department, illustrates the Soil Conservation Service's soils and soil groups.
[Amended 1-24-2002 by L.L. No. 2-2002]
(2) 
Prepare a conforming yield plan based on the Table of Bulk Requirements[1] for cluster and other applicable subdivision criteria for the district(s) in which the parcel lies.
[Amended 9-11-2003 by L.L. No. 4-2003]
[1]
Editor's Note: The Table of Bulk Requirements is included at the end of this chapter.
(3) 
Adjust required lot area for each individual lot based on the environmental factor listed in Table ECF below. Adjusted lot acreage shall meet the required minimum acreage for cluster bulk requirements within the district(s) computed as:
[Amended 1-24-2002 by L.L. No. 2-2002; 9-11-2003 by L.L. No. 4-2003]
Lot Area/Environmental Factor = Adjusted Individual Lot Area
(4) 
The total lots established is the maximum number of lots permitted.
Table ECF
[Amended 10-24-2002 by L.L. No. 6-2002; 9-11-2003 by L.L. No. 4-2003; 2-18-2010 by L.L. No. 1-2010]
Cluster Subdivision Minimum Lot Size
Group
Soil Type
Environmental Factor
SL 2-acre
RU 3-acre
MT 4-acre
CO 5-acre
Septic Allowed
I
OtB,OtC, OkA, OkB, HoA, HoB, HoC, CnA, CnB, CnC, RhA, RhB, RhC
1.0
2.00
3.00
4.00
5.00
Yes
II
UnB, AdA, AdB
1.0
2.00
3.00
4.00
5.00
Yes
III
PtB, PtC, ChB, ChC
1.0
2.00
3.00
4.00
5.00
Yes
IV
CgA, CgB, SwB, SwC, WuB, WuC, MdB, MdC
0.71
2.82
4.23
5.63
7.04
Yes
V
ScA, ScB, CoB
0.67
2.99
4.48
5.97
7.46
Yes
VI
CLC, BnB, BnC, SXC
0.67
2.99
4.48
5.97
7.46
Yes
VII
Fd, ErA, ErB, Ra, RbA, RbB, ESB
0.33
6.06
9.09
12.12
15.15
No
VIII
FAC, LdB, LdC, HLC, ROC, RMC, RSB, ANC, RKC
0.33
6.06
9.09
12.12
15.15
No
IX
Ha, Ab, Ca, Ma, Sb, AC, AD
0.17
11.76
17.65
23.53
29.41
No*
X
Tg, My, Wd, Wa, Be, UF, Ba, Su, UH
0.10
20.00
30.00
40.00
50.00
No*
XI
UnC, CoC
0.17
11.76
17.65
23.53
29.41
No
XII
OtD, HoD, RhD, SwD, CLD, PtD, MdD, NaD, SXD, HLD, ROD, RMD, AND, RKD, RSD
0.33
6.06
9.09
12.12
15.15
No*
XIII
OVE, MnE, CoD, SXF, ROF, RKF, ANF, RSF
0.17
11.76
17.65
23.53
29.41
No*
XIV
Ce, Pa, Cd, Cf, Pb
0.10
20.00
30.00
40.00
50.00
No*
XV
HH
0.10
20.00
30.00
40.00
50.00
No*
NOTES:
*See the Town of Warwick Subdivision Regulations, Chapter 137 of the Town Code, Appendix A, Table of Soil Groups for requirements governing septic systems and buildings.
The provisions of this chapter applying to nonresidential uses shall be subject to such exceptions, additions or modifications as herein provided by the following supplementary regulations:
A. 
Height. Penthouses, domes, chimneys, ventilators, skylights, water tanks, bulkheads, cooling equipment, and similar features and necessary mechanical appurtenances usually carried above the roof level shall be erected only to such height as is necessary to accomplish their purpose and shall not exceed in cross-sectional area 20% of the ground floor area of the building. All penthouses, domes, bulkheads, etc., must be 10 feet back from the side walls, except that walls of elevators and stair enclosures may be built on the side wall when required by the plan of the building.
B. 
Courts.
(1) 
Inner courts. No inner court shall have a minimum dimension less than 1/2 of the mean height of all surrounding walls.
(2) 
Outer courts. The minimum width of outer courts shall be 20 feet, and its depth shall not exceed its width.
C. 
Garage entrance. No public or private garage for more than five motor vehicles shall have an entrance or exit for motor vehicles within 50 feet of a residential district boundary.
D. 
Business entrances on residential streets. Where a residence district is bounded by a portion of a business district, any side street extending through such a residence district into such business district shall not be used for any business purpose, except as herein set forth. The business structure erected in such business district shall face and open upon the street set aside for business purposes, except that windows in such business structure may be built and exposed upon said side street within the area set aside as a part of such business district and an entrance may be made at a corner of such business and residential streets, and all other entrances thereto must face on the business street, except that entrances may be made from such residential street to the upper stories of such business structure.
E. 
Special uses in nonresidential structures in Agricultural Districts.
(1) 
Intent. The intent of this section is to assist in the preservation and adaptive reuse of nonresidential structures within Agricultural Districts by providing for expanded use of these structures.
(2) 
Applicability. This section shall apply to the initial adaptive re-use of any nonresidential structure within Agricultural Districts, provided that such structure is located on a lot with a minimum area of two acres and was in existence on the effective date of this section.
(3) 
Uses permitted by special use permit. In addition to the provisions of the Table of Use Requirements,[1] the following uses may be permitted in nonresidential structures by special use permit granted by the Planning Board pursuant to § 164-46 of this chapter:
(a) 
Warehousing of supplies and equipment.
(b) 
Manufacturing, assembling, altering, finishing, converting, fabricating, cleaning or any other processing; packing, packaging or repackaging of products or materials.
(c) 
Sale or storage of lumber and building materials and equipment.
(d) 
Maintenance, repair, and storage of machinery, equipment and fuel.
(e) 
Business and professional offices.
(f) 
Indoor recreation establishments and/or sports.
[Added 9-11-2003 by L.L. No. 4-2003; amended 6-9-2011 by L.L. No. 3-2011]
[1] 
In cases where the sponsor is recognized by New York State as a not-for-profit entity or proposes only seasonal use (not for more than six months per year), the sponsor may receive approval from the Building Department. Prior to issuing an approval, the Building Department shall determine that the building is safe to occupy for the proposed use, including but not necessarily limited to building and fire codes. If the sponsor is a not-for-profit entity and continues to use the building for three years, the Building Department shall make an inspection to ensure the building continues to be safe for occupancy for that use as provided above.
[1]
Editor's Note: The Table of Use Requirements is included at the end of this chapter.
(4) 
Requirements of special use permit. The Planning Board shall receive, review and approve a site plan pursuant to the provisions of § 164-46 of this chapter. Prior to granting a special use permit, the Planning Board shall find that:
(a) 
Traffic generation of the proposed use is within the capacity of the existing roadway system.
(b) 
The proposed use will not involve hazardous activities or toxic materials.
(c) 
The proposed use is appropriate to the structure and will aid in its maintenance and preservation.
(5) 
Subsequent use of structure.
(a) 
The provisions of § 164-42E(3) and (4) above shall apply to the initial areas of an agricultural structure or the expansion of the floor area of such structure by 20% or more. Once the special use permit has been granted, it shall be valid for all uses cited above without further application to the Planning Board, upon review and approval of the Building Inspector and Town Engineer.
(b) 
Nothing contained herein shall avoid the applicability of approval of plans by the Building Inspector or of the need for issuance of a certificate of occupancy for an improvement or for a new use.
F. 
Marginal access road
(1) 
Intent. The intent of this section is to apply highway safety concerns to the development of nonresidential uses which most benefit from frontage on or convenient access to major state and county roads, such uses themselves being generators of large volumes of traffic. Location of a property within the designated zoning districts and having frontage on the designated highways shall subject any and all nonresidential development proposals to the procedures and requirements of this section and those of § 164-46. The Planning Board may waive any and all of the requirements for a marginal access road in § 164-42F if future interconnection with adjoining parcels is provided and offered for dedication to the Town of Warwick. Marginal access roads are encouraged in high traffic areas and are attainable pursuant to New York State Town Law § 200.
[Amended 9-11-2003 by L.L. No. 4-2003]
(2) 
Permitted uses. All permitted uses and special uses permitted upon authorization and plan approval by the Planning Board in accordance with § 164-46 and their accessory uses allowed according to the zoning district in which the use is proposed may be permitted, subject to the further requirements specified herein and elsewhere in this chapter.
(3) 
Standards. Any nonresidential development proposal within the described area shall conform to the following standards, which shall be considered as minimum requirements, and all other applicable standards of this chapter.
(a) 
Applicable districts. This provision shall only apply to lands in the Designed Shopping Center and Office and Industrial Park Zoning Districts with frontage on New York State Route 94 and County Route 13 (Kings Highway) and to lands in the Community Business Zoning District with frontage on New York State Route 94.
[Added 12-9-2010 by L.L. No. 6-2010]
(b) 
Area and bulk requirements. The minimum bulk and area requirements shall be as follows:
[1] 
Minimum land area. The minimum land area shall be the same as required by the applicable zoning districts.
[2] 
Lot frontage. The minimum frontage shall be 400 feet unless access is via a marginal access road or a local road, in which case the lot frontage shall be that which ordinarily would be required in the applicable zoning district.
[3] 
Setback requirements.
[a] 
Side and rear yard setback.
[i] 
A buffer area shall be provided for those parcels abutting existing residential uses as follows: A setback equal to twice the minimum rear and side yard requirement for the district in which the parcel is located shall be maintained. This setback shall be landscaped so as to act as a buffer and visual screen as required by the Planning Board in conformance with buffer and landscaping requirements. No principal or accessory use or structure, including parking and loading areas, shall be permitted within the required buffer area.
[ii] 
For all other parcels, the minimum rear and side yard requirement shall be as required for the district in which the parcel is located.
[b] 
Front setback.
[i] 
All development proposals shall have set aside a sixty-foot right-of-way which shall extend the entire width of the parcel adjacent to the highway right-of-way and which shall be dedicated to the Town.
[ii] 
All principal buildings, structures and uses shall be set back a minimum of 100 feet from the dedicated sixty-foot right-of-way.
[iii] 
Accessory uses, such as parking and loading areas, may be located within this required one-hundred-foot setback upon approval of the Planning Board, except that in no instance shall accessory uses be located closer than 25 feet to the dedicated right-of-way.
[iv] 
Distance between principal buildings on the same lot. The minimum distance between principal buildings, other than those containing common party walls, shall be equal to the average of the building heights.
[v] 
Except as provided herein and in other applicable provisions of this chapter, bulk regulations shall be specified in the schedule for the district in which the lands are located.
(c) 
Marginal access road development. New York State Route 94 and County Route 13 (Kings Highway) are major highways servicing the Town of Warwick and surrounding communities; they carry high volumes of traffic at relatively high rates of speed over mainly two lanes of road width. In preserving the health, safety and welfare of the Town, it is necessary to limit the location and number of access points on these routes. To this end, all nonresidential development proposals shall meet the following minimum requirements:
[1] 
No outlet of an access drive onto a designated state or county highway shall be permitted within 300 feet of any other existing intersection of an access drive with a state or county highway or of any other existing intersection of a public right-of-way with a state or county highway.
[2] 
A marginal access road shall be constructed within the sixty-foot dedicated right-of-way as required in Subsection F(3)(b)[3][b][i] above. Such marginal access road shall be built in conformance with Town of Warwick Street Specifications and shall be dedicated to the Town upon certification by the Town Engineer and Highway Superintendent. A buffer landscaping strip a minimum of 30 feet in width shall be maintained between such roadway and the highway right-of-way.
(d) 
Other applicable standards. Uses as proposed within the areas described by this section shall conform to the requirements set forth herein and elsewhere in this chapter. In all cases, the most restrictive requirements shall apply.
(4) 
Special provisions.
(a) 
In order to carry out the purpose of this section, a development shall achieve the following objectives:
[1] 
A maximum choice in the types of environment, occupancy, tenure, types of uses and community facilities.
[2] 
The preservation of outstanding natural features.
[3] 
A creative use of land and related physical development.
[4] 
An efficient use of land resulting in smaller networks of utilities and streets and thereby lower development costs.
[5] 
Conform to all applicable standards set forth in this section and other sections of this chapter of the Code of the Town of Warwick.
(b) 
The tract of land for a project may be owned, leased or controlled either by a single person or corporation or a group of individuals or corporations. An application must be filed by the owner or jointly by owners of all property included in a project. In the case of multiple ownership, the approved plan shall be binding on all owners.
(c) 
When common property exists, the ownership of such common property may be either public or private. When common property exists in private ownership, satisfactory arrangements must be made for the improvements, operation and maintenance of common property and facilities, including private streets, drives, service and parking areas and recreational and open space areas, in accordance with applicable provisions of § 164-41.1.
(d) 
Architectural review. Prior to final site plan approval, the applicant shall submit plans illustrative of the overall architectural theme of the development. These plans shall contain all elevations for each typical building proposed for the site, exterior hardware and accessories. A compatible architectural theme shall be created and carried out throughout the development. These plans shall be reviewed by the Architectural Review Board prior to the Planning Board's final approval.
(e) 
In the event that the organization established to own and maintain common property or any successor organization fails to maintain such property in reasonable order, the Town Board may cause such property to be maintained in accordance with the following procedure: The Town of Warwick may serve written notice upon such organization or upon the residents and owners of the development setting forth the manner in which the organization has failed to maintain the common property in reasonable condition, and said notice shall include a demand that such deficiencies of maintenance be cured within 30 days thereof and shall state the date and place of a hearing thereon which shall be held within 14 days of the notice. At such a hearing, the Town may modify the terms of the original notice as to the deficiencies and may give an extension of time within which they shall be cured. If the deficiencies set forth in the original notice or in the modification thereof shall not be cured within 30 days or any extension thereof, the Town, in order to preserve the taxable values of the properties within the development and to prevent the common property from becoming a public nuisance, may enter upon said common open space and maintain the same for a period of one year. Said entry and maintenance shall not vest in the public any rights to use the common space except when the same is voluntarily dedicated to the public by the residents and owners. Before the expiration of said year, the municipality shall, upon its initiative or upon the request of the organization theretofore responsible for the maintenance of the common property, call a public hearing, upon notice to such organization or to the residents and owners of the development, to be held by the Town, at which hearing such organization or the residents and owners of the development shall show cause why such maintenance by the Town shall not, at the election of the Town, continue for a succeeding year. If the Town shall determine such organization is ready and able to maintain said common property in reasonable condition, it shall cease to maintain said common property at the end of said year. If the Town shall determine such organization is not ready and able to maintain said common property in a reasonable condition, the Town may, in its discretion, continue to maintain said common property during the next succeeding year thereafter. The cost of such maintenance by the Town shall be assessed at the same proportion as each unit's assessed value bears to the total assessment of the development.
(f) 
For the purpose of regulating the development use of property after initial construction and occupancy, any changes shall be subject to site plan approval by the Planning Board. Properties lying in the area served by marginal access roads are unique and shall be so considered by the Planning Board when evaluating those requests, and maintenance of the intent and function of the planned unit shall be of primary importance.
(g) 
Approval procedures. The Planning Board may approve developments utilizing marginal access roads subject to the procedures and requirements set forth herein.[2]
[2]
Editor's Note: Former Subsection G, Required setbacks from cemeteries, which immediately followed, was repealed 9-11-2003 by L.L. No. 4-2003.
G. 
[3]Large-scale solar energy installations. Site plan and special use permit approval are required for large-scale solar energy installations, subject to the following additional conditions:
[Added 6-11-2015 by L.L. No. 2-2015]
(1) 
Large-scale solar energy installations are subject to the use requirements of § 164-40M, No. 63, of the Zoning Law.
[Amended 10-27-2016 by L.L. No. 4-2016]
(2) 
Ground-mounted solar energy installations require delineation and avoidance of primary conservation areas, in accordance with § 164-41.1E(3)(a) of the Zoning Law. Secondary conservation areas shall be delineated in accordance with § 164-41.1E(3)(a) of the Zoning Law. The Planning Board shall consider such secondary conservation areas, after a site inspection, in the siting of ground-mounted solar energy installations.
(3) 
Setbacks for ground-mounted solar energy installations are subject to special bulk requirements found in § 164-40N of the Zoning Law.
(4) 
All solar energy installations shall be designed to avoid glare and reflection onto adjacent properties and adjacent roadways and shall not interfere with traffic or create a safety hazard.
(5) 
Landscaping of solar energy installations, capable of providing year-round screening if not already provided, shall be installed along all sides in such a way as to not obstruct solar access.
(6) 
A visual analysis shall be provided using line-of-sight profiles, from public viewing locations as defined in § 164-47.1F(3)(a) of the Zoning Law, to proposed solar energy installation locations.
(7) 
Access roads for solar energy systems shall be subject to the driveway specifications in § A168-19 of the Town Code.
(8) 
Fencing six feet in height shall be placed around the utility meter on all large-scale solar energy system installations. Waterproof signage shall be placed immediately adjacent and/or in close proximity to the electric meter that clearly shows the location of the DC disconnect switch. Notification, with a location map, will be sent to the applicable fire district.
(9) 
Large-scale solar energy installations are considered abandoned after 180 days without electrical energy generation and must be removed from the property. To ensure the proper removal of large-scale solar energy installations, a decommissioning plan shall be submitted as part of the application. Compliance with this plan shall be a condition of the issuance of a special use permit under this section. The decommissioning plan must specify that after the large-scale solar energy installation can no longer be used, it shall be removed by the applicant or any subsequent owner. The plan shall demonstrate how the removal of all infrastructure and the remediation of soil and vegetation shall be conducted to return the parcel to its original state, prior to construction. The plan shall also include an expected timeline for execution. A cost estimate detailing the projected cost of executing the decommissioning plan shall be prepared by a licensed professional engineer. Cost estimations shall take into account inflation. Removal of large-scale solar energy installations must be completed in accordance with the decommissioning plan. If the large-scale solar energy installation is not decommissioned after being considered abandoned, the Town may remove the system, restore the property and impose a lien on the property to cover the costs or such removal and restoration to the Town.
[Added 10-27-2016 by L.L. No. 4-2016]
[3]
Editor's Note: Former Subsection G, Required setbacks from cemeteries, was repealed 9-11-2003 by L.L. No. 4-2003.
The provisions of this chapter applying to all districts shall be subject to such exceptions, additions or modifications as herein provided by the following supplementary regulations:
A. 
Front yards on narrow streets. Except in the Traditional Neighborhood District, on streets with less than a fifty-foot right-of-way, the front yard requirement shall be measured from the center line of the existing roadway, and 25 feet shall be added to the front yard requirement.
B. 
Rights-of-way. In calculating the required lot area, lot width, depth or yards as part of the required area (including those measured according to § 164-43.2), rights-of-way shown, if any, shall not be considered as part of the required area.
C. 
Underground storage tanks (UST). The installation, construction, or placement of new underground storage tanks or containers of 1,100 gallons or less for petroleum products, including their pipelines, or underground storage tanks, pipelines, or containers for any other toxic chemical is prohibited in connection with all uses including home fuel storage tanks for residential purposes. All above ground storage tanks of 1,100 or less for petroleum products, pipelines, and transfer areas, shall be subject to issuance of a building permit from the Town Building Department and shall, to the maximum extent feasible, be designed to minimize the risk of groundwater contamination by incorporating backup containment structures, impervious surfaces, catchment areas, and other features. Any UST which does not conform to the provisions herein shall be deemed a nonconforming UST and shall be removed by the owner on or before the expiration of five years from the effective date of this chapter, and such lapse of time shall be deemed sufficient to amortize the cost thereof. Nonconforming UST's that are the subject of subdivision, special use permit and/or site plan applications, certificates of occupancy, no-violation letters, or other permit, approval, entitlement, or authorization from the Town of Warwick shall comply with the terms and conditions of this (§ 164-43C) section. This subsection is intended to be consistent with the requirements of the New York State Petroleum Bulk Storage Code found in 6 NYCRR 612, 613, and 614 which regulates storage tanks holding 1,100 gallons or more.
[Amended 1-24-2002 by L.L. No. 2-2002; 9-11-2003 by L.L. No. 4-2003]
D. 
Temporary trailer office. A temporary trailer office may be allowed as a special permit use for a time period as specified by the Planning Board in any district where the form of such use would be permitted, and in all cases as an office for the supervision of construction trades on a site where a building permit has been duly issued. Prior to subdivision, special use permit, and/or site plan approval, the applicant shall file with the Town Board a performance bond to insure the proper removal of said temporary trailer office. The amount and period of said bonds shall be determined by the Planning Board, and the form, sufficiency, manner of execution, and surety shall be approved by the Town Attorney and Town Board.
[Amended 10-24-2002 by L.L. No. 6-2002; 9-11-2003 by L.L. No. 4-2003]
E. 
Required setbacks from cemeteries. In all zoning districts, all buildings, structures and uses of the property shall be in conformance with Chapter 74 of the Town Code, the Burial Ground and Cemetery Protection Law.
[Added 9-11-2003 by L.L. No. 4-2003]
F. 
Erosion control. All building site development activities within the Town of Warwick shall have erosion and sediment controls that meet the standards of the most current version of the New York Guidelines for Urban Erosion and Sediment Control, printed by the Empire State Chapter of the Soil and Water Conservation Society.
[Added 9-11-2003 by L.L. No. 4-2003]
G. 
Neighbor notification. The Planning Board shall require early notification to surrounding landowners of all applications filed with the Town Planning Department for subdivision approval. The Planning Board shall cause notice to be given to all landowners within the areas identified in the Subdivision Regulations §§ 137-8F, 137-9H, and 137-10G. Such notice shall specify that an application for approval has been filed, will be considered by the Planning Board at scheduled Planning Board meetings, and shall be subject to a formal public hearing prior to approval. A sample neighbor notification letter is available from the Town Planning Department. The neighbor notification shall be sent at least seven days prior to the first scheduled Planning Board meeting in which the application has been placed onto a Planning Board agenda. All Planning Board agendas are posted at Town Hall and prior to scheduled meetings on the Town of Warwick website at www.townofwarwick.org.
[Added 4-26-2018 by L.L. No. 2-2018]
[Amended 1-24-2002 by L.L. No. 2-2002; 10-24-2002 by L.L. No. 6-2002; 9-11-2003 by L.L. No. 4-2003; 2-18-2010 by L.L. No. 1-2010; 12-9-2010 by L.L. No. 6-2010; 5-8-2014 by L.L. No. 4-2014]
The purpose of these sign regulations is to strengthen the identity of the Town of Warwick; to preserve rural, natural, historic and scenic beauty by preventing visual sign clutter; to maintain and enhance the aesthetic environment; to support the local economy, help nurture small businesses, and recognize the needs of various types of businesses; to encourage the creative design of signs in character with the context of the community; and to minimize the possible adverse effect of signs on nearby public and private property. The sign regulations are designed to promote and protect the public health, safety, and welfare by regulating signs of all types. They are intended to encourage the use of signs as a means of communication, protect pedestrian and vehicular safety, protect property values, protect and enhance the aesthetic environment, and enhance the Town's ability to attract sources of economic development and growth. The sign regulations are also designed to implement the Town Comprehensive Plan.
A. 
Permit required. A sign, as defined herein, may be erected, constructed, painted, altered, relocated, enlarged, reconstructed, displayed, lit or maintained only as expressly permitted in this chapter and only upon issuance of a sign permit by the Building Inspector. Notwithstanding anything herein to the contrary, noncommercial copy may be substituted for commercial copy on any lawful sign.
B. 
Substitution clause. Any sign authorized pursuant to this section may contain a noncommercial message constituting a form of expression in lieu of other copy.
C. 
Permit procedures. Any person desiring to procure a permit for a sign shall file with the Building Inspector a written application for approval, including payment of a fee as outlined in Chapter 75, Development Fees, which application shall contain:
(1) 
Name, address, and telephone number of applicant and property owner.
(2) 
Location of the building, structure or land upon which the sign now exists or is to be erected.
(3) 
A full description of the appearance of the proposed sign, including:
(a) 
Type of sign and size.
(b) 
Graphic design, including pictorial matter, letters, materials and colors.
(c) 
The visual message, text, copy or content of the sign.
(d) 
The method of illumination, if any, including type of lamp and wattage, the position of lighting or other extraneous devices.
(e) 
Landscaping, if any, including types of vegetation, location of plantings, and planting and maintenance schedule.
(4) 
If a new sign is to be erected, or an existing sign is to be altered in size or elevation, a plan drawn to scale shall be submitted showing the following:
(a) 
If a freestanding sign, a full description of the placement of the proposed sign, specifically its location on the premises, and its position in relation to adjacent buildings, structures, roads, driveways, property lines, other signs, lighting fixtures, walls, and fences.
(b) 
If an awning, window, wall, or projecting sign, a full description of the placement of the proposed sign, which shall cover location on the awning, window, wall or building; the size of the awning, total window area of the principal facade, or the building; projection from the building, if relevant; and the proposed sign's position in relation to adjacent signs and lighting fixtures.
(c) 
For all signs, written consent, or a copy of the contract made with the owner of the property upon which the sign is to be erected, if the applicant is not the owner.
D. 
Exempt signs. The following signs are exempt from the permit requirements of this chapter:
(1) 
Memorial signs or tablets denoting names of buildings and dates of erection when cut into any masonry surface or when constructed of bronze or other incombustible materials and fixed to a building; emblems installed by government agencies, religious or nonprofit organizations, not exceeding two square feet in area per side.
(2) 
Nonilluminated secondary window signs communicating accessory information such as hours of operation, no more than one square foot in size.
(3) 
Nonilluminated real estate "for sale" or "for rent" signs used for the purpose of selling or leasing land or buildings for which subdivision approval is not required, and displayed on the premises for sale or lease, provided such sign is located on the front wall of a building or, if freestanding, does not exceed eight feet in height and is located not nearer than 15 feet to the edge of pavement or side lot line. All such signs shall not exceed four square feet in sign area per side, shall be limited to one per premises, and shall be removed immediately upon sale or lease of the premises.
(4) 
Works of art that do not include a commercial message.
(5) 
Any public notice or warning required by a valid and applicable federal, state or local law or regulation such as traffic or other municipal signs, legal notices, railroad crossing signs, danger and similar temporary emergency signs, signs which are solely devoted to prohibiting trespassing, hunting or fishing.
(6) 
Political, educational, charitable, philanthropic, civic, professional, and religious signs or banners.
(7) 
The sign, poster, flag, pennant or insignia of any government or governmental agency, or any sign reasonably necessary for the exercise of First Amendment rights, provided such sign does not exceed four square feet per side and is located not nearer than 15 feet from edge of pavement.
(8) 
One sign advertising the sale of agricultural produce, grown primarily on land that is considered part of the same farming operation and available seasonally, provided such sign does not exceed four square feet per side and is located not nearer than 15 feet from edge of pavement.
(9) 
Signs indicating the sale price per gallon and octane rating of petroleum products displayed on fuel-dispensing devices as required by New York State Department of Agriculture and Markets, Division of Bureau of Weights and Measures, 1 NYCRR Part 224.
E. 
Prohibited signs. All signs not specifically permitted are prohibited. Prohibited signs include but are not limited to:
(1) 
Off-premises signs (not on the premises of the business they advertise) or billboards except those advertising seasonal rural outdoor recreational facilities.
(2) 
Roof signs.
(3) 
Portable signs as defined herein, except for temporary signs that have been issued a permit. Signs on vehicles parked and used in the normal course of business shall be parked to the rear of the business and shall be screened and buffered to surrounding properties and public viewing locations.
(4) 
Internally illuminated signs. Commercial electronic variable message signs (CEVMS), also known as electronic message centers, digital displays or digital signs, are considered internally illuminated and are prohibited in order to protect traffic safety.
(5) 
Signs with flashing, blinking, intermittent, or moving lights, or any artificial light which is not maintained stationary and constant in intensity and color at all times when in use, except signs displaying time and/or temperature.
(6) 
Signs or promotional displays that contain or consist of banners, pennants, ribbons, balloons, streamers, spinners or similar moving, fluttering or revolving devices.
(7) 
Rotating signs, including all signs and devices which are not permanent in their orientation.
(8) 
Signs that advertise by brand name or insignia any particular brands of products except for those establishments which deal exclusively in one brand or make.
(9) 
Signs and obstructions which may be confused with or obstruct the view of any authorized traffic sign or signal, obstruct the sight distance triangle at any street intersection, or extend into the public right-of-way.
(10) 
Mounted or portable search lighting used to project moving or stationary overhead light beams.
F. 
Temporary signs. All signs of a temporary nature may be granted a temporary sign permit for a period not exceeding the time limits specified herein, before being displayed, except those specified under the exempt signs section[1] of the Zoning Law. The permit shall note the date of the first day the sign may be displayed and the date it must be removed. A security deposit shall be deposited with the Building Inspector to insure removal of the sign(s) upon expiration of the permit period. If any temporary sign is not removed by the expiration of the time limit noted on the application, the Building Inspector, after seven days' written notice to the permit holder to remove such sign(s) (computed from the date of mailing), and after failure of the permit holder to do so, will cause said signs to be removed, and the cash deposit will be forfeited to help defray the cost of removal. The schedule of security deposit fees shall be $50 per sign up to a maximum of $500 for 10 or more signs. Temporary signs are allowed for:
(1) 
Activities or events. Temporary signs shall be permitted for a period not exceeding six weeks prior to the activity or event nor exceeding four days after the activity or event. Such signs shall not exceed 16 square feet in area in business or industrial districts nor eight square feet in area in residential districts.
(2) 
Temporary real estate signs. Temporary real estate signs are permitted for each subdivision receiving final plat approval by the Planning Board.
(a) 
One such sign may be located on each existing town, county or state highway or street on which the subdivision fronts. Said sign(s) shall be permitted only during the period of active sales and in no case longer than one year from the date of final approval. Upon written application from the subdivider, the Building Inspector may extend this period for one additional year, subject to additional one-year extensions, whenever it deems that the circumstances warrant such extension. The applicant shall post a reasonable bond, as determined by the Town Engineer, as a condition for removal. Applicants that wish to obtain approval for permanent installation of such real estate signs shall file an application for and shall obtain special use permit approval from the Planning Board prior to the end of active sales.
(b) 
Each such sign shall not exceed eight feet in height, measured from the ground level to the top of the sign, and shall not be located nearer than 15 feet to any street or lot line or any building, unless attached directly to said building. The total area of each sign shall not exceed 16 square feet.
(3) 
Nonilluminated "garage sale," "yard sale," "barn sale," "tag sale," or similarly descriptive sign is allowed. Said sign is allowed up to four square feet per face in area, located fully on the property on which such sale is being conducted. Such sign shall not exceed one per premises and may be displayed for a period of up to 48 hours in advance of the sale and up to 12 hours after its completion. Any such sign displayed for more than three days out of any month shall be considered a permanent sign and shall require a permit from the Building Inspector.
(4) 
A sign advertising seasonal rural outdoor recreational facilities (e.g., skiing, equestrian, aquatic activities or sale of farm products) shall meet the standards for permanent signs, but may be located, upon a permit from the Building Inspector, on one off-site location fronting on county or state roads, if the recreational facility itself is located not on a county or state road, but on a Town road. Such permit shall specify the months of the year said sign may be displayed; however, the standards or frame on which said sign is hung may be permanently installed.
[1]
Editor s Note: See Subsection D, Exempt signs, of this section.
G. 
Permanent signs within residential districts. Within the Mountain, Rural, Suburban Residence, and the Conservation Zoning Districts of the Town, the following signs are permitted:
(1) 
For each dwelling unit, one nonilluminated nameplate, professional sign, or sign indicating a permitted home occupation, with an area of not over three square feet per face, not nearer than 15 feet to the edge of pavement for the front yard, 15 feet from the side or rear yard property line and, if freestanding, not exceeding four feet in height measured from ground level to the top of the sign. When two home occupations are housed within the dwelling unit and/or accessory building, two signs are permitted, provided that the combined area of the two signs does not exceed three square feet per face.
(2) 
On-site signs:
(a) 
Signs advertising the sale of agricultural produce available seasonally and seasonal rural outdoor recreational facilities (e.g., skiing, equestrian and aquatic activities) shall obtain a temporary sign permit, but shall meet the standards for permanent signs. Such permit shall specify the months of the year said signboard may be displayed; however, the standards or frame on which said sign is hung may be permanently installed. Such signs may be located on a maximum of two off-site locations fronting on county or state roads, if the farm or the recreational facility itself is located not on a county or state road, but on a Town road.
(b) 
Permits for each temporary or seasonal sign may be renewed annually by the Building Inspector if it is found that said sign is in satisfactory condition and otherwise conforms to all zoning requirements.
(3) 
Signs for nonresidential special permit uses in residential zoning districts (excluding home occupations):
[Amended 6-11-2015 by L.L. No. 2-2015]
(a) 
Wall signs (with or without borders) may be as large as one square foot per two linear feet of an establishment's front building wall length or a maximum of 20 square feet, whichever is less. Such sign shall be located on the establishment's principal facade, fascia, or eve.
(b) 
One landscaped monument sign shall be permitted in lieu of a wall sign on each road frontage with a principal facade. Said sign may be erected within the required front yard but must be set back 15 feet or more from the edge of pavement, may be no larger than 24 square feet in area consisting of a maximum of 12 square feet in area per face with a maximum height of eight feet from the ground (including the base) to the top of the sign.
(c) 
Projecting signs as large as 20 square feet on each of two sides; maximum projection of six feet from the building face; minimum clearance from the ground eight feet and maximum clearance 10 feet.
(4) 
Off-site signs. Signs advertising the sale of agricultural produce available seasonally or approved adaptive reuse of agricultural buildings may obtain a permit for up to two off-site signs, provided that such signs conform with the Town of Warwick's directional sign program. Such signs may be located on a maximum of two off-site locations fronting on county or state roads, if the farm or the adaptive reuse facility itself is located not on a county or state road, but on a Town road. Warwick's directional sign program requires that all off-site signs conform with the following standards:
(a) 
The sign area shall be 18 inches high by 24 inches wide and shall consist of one face.
(b) 
The sign materials shall be metal, as approved by the Town of Warwick Highway Department.
(c) 
The sign shall be located within the highway right-of-way, and a valid sign permit shall be obtained from state or county agencies prior to issuance of the Town of Warwick sign permit.
(d) 
The sign shall be six feet from the ground surface to the top of the sign.
(e) 
Sign lettering shall consist of sans-serif lettering no more than four inches high on one to two lines and shall include a directional arrow.
(f) 
The sign colors shall consist of yellow lettering and yellow outline on a brown background as shown on the illustration.[2]
[2]
Editor's Note: Said illustration is included as an attachment to this chapter.
H. 
Permanent signs within other districts.
(1) 
Local Hamlet Business and Traditional Neighborhood Districts.
(a) 
Not more than one sign shall be permitted per establishment.
(b) 
Wall signs (with or without borders) may be as large as one square foot per one linear foot of an establishment's front building wall length or a maximum of 25 square feet, whichever is less. Such sign shall be located on the establishment's principal facade, fascia, or eave.
(c) 
Projecting signs as large as twenty square feet on each of two sides; maximum projection of six feet from the building face; minimum clearance from the ground eight feet and maximum clearance 10 feet.
(d) 
Window signs as large as 20% of the total window area of the principal facade, with a maximum of four square feet; lettering up to eight inches high.
(e) 
Awning signs projecting at least five feet into the sidewalk but no more than seven feet. Lettering up to six inches in height and on the valance only. The extent of lettering may cover a maximum of eight feet in width or 50% of the valance width, whichever is less.
(f) 
In the LB District only, one additional freestanding sign shall be located no closer than 15 feet to the edge of pavement, shall not exceed eight feet in height, and shall be no larger than 12 square feet in area.
(2) 
Office and Industrial Park District.
(a) 
Not more than two signs shall be permitted per establishment. No single sign shall exceed 60% of the maximum size permitted.
(b) 
Signs shall be wall or monument signs. Signs (with or without borders) may be as large as one square foot per one linear foot of an establishment's front building wall length.
(c) 
One sign at each point of access to the lot, and internal directional signs shall be permitted, provided that the individual signs are no more than two square feet on each of two sides and are limited to generic text such as "entrance," "exit," "office," and "parking." Permits will be granted only if the applicant can clearly demonstrate necessity based on motorist safety and that any such directional sign will be set back at least 15 feet from the edge of pavement.
(d) 
One landscaped monument sign identifying the office and industrial park shall be permitted. Said sign may be erected within the required front yard but must be set back 15 feet or more from the edge of pavement, may be no larger than 40 square feet in area consisting of a maximum of 20 square feet in area per face with a height maximum of eight feet from the mean ground surface (including the base) to the top of the sign.
(3) 
Agricultural Industry District.
(a) 
Same as Office and Industrial Park District above.
(b) 
Same as residential districts above, as they apply to the residential, agricultural and recreational uses.
(4) 
Designed Shopping District.
(a) 
Not more than one sign shall be permitted per establishment. Such sign shall be located on the establishment's principal facade.
(b) 
Such sign shall be a wall or a projecting sign. Freestanding signs may not be displayed by individual establishments located within a center. Wall signs (with or without borders) may be as large as one square foot per one linear foot of an establishment's front building wall length or a maximum of 40 square feet, whichever is less. Such sign shall be located on the establishment's principal facade, fascia, or eve. In the event an establishment exceeds the minimum front yard setback for the District, of 150 feet from Route 94 or Kings Highway, the wall sign may be increased in size using a ratio of 3.7 as applied to the front setback or a maximum of 130 square feet, whichever is less. For example, if an existing building had, or a new building was proposed, with a front yard setback from Route 94 or Kings Highway of 250 feet, the maximum wall sign permitted would be 250/3.7 = 68 square feet.
(c) 
A master sign plan is required of establishments that share a lot, parcel or are part of a shopping center. The plan is a sign system to create visual unity among the signs within the plan area and to ensure compatibility with surrounding establishments and structures. The plan shall include specifications to which all signs within the plan area shall conform, including sign size, height, shape, materials, lighting, and location on the establishment. Within these standards, variety of graphic design is encouraged, subject to the design criteria of § 164-43.1I(3).
(d) 
One common freestanding sign, monument, post and arm, or pole style, identifying the shopping center, shall be permitted as follows:
[1] 
Monument signs no larger than 40 square feet in area consisting of a maximum of 20 square feet in area per face, with a height maximum of eight feet from the mean ground surface (including the base) to the top of the sign.
[2] 
Post and arm signs may be as large as 18 square feet in area per face, with a height maximum of 15 feet from the ground (including the post) to the top of the sign. The sign must be set back a minimum of 15 feet from the edge of pavement.
[3] 
Pole signs may be as large as 20 square feet per face, with a height maximum of 15 feet from the ground (including the post) to the top of the sign. The sign must be set back a minimum of 15 feet from the edge of pavement.
(e) 
One sign at each point of access to the lot, for internal direction, shall be permitted, provided that the individual signs are no more than two square feet on each of two sides and are limited to generic text such as "entrance," "exit," "office," and "parking." Permits will be granted only if the applicant can clearly demonstrate necessity based on motorist safety and that any such directional sign will be set back at least five feet from any public right-of-way or property line.
(5) 
Special usage.
(a) 
Club or fraternal lodge. No sign shall be displayed advertising any such activity.
(b) 
Mobile home courts. One nonilluminated sign, containing an area of not more than 16 square feet and located not more than eight feet above ground level at its highest point, may be displayed. Such sign shall be set back at least 20 feet from any public road and at least 50 feet from all other property lines.
(6) 
Community Business District.
(a) 
Not more than two signs shall be permitted per establishment. No single sign shall exceed 60% of the maximum size permitted.
(b) 
Signs shall be wall or projecting signs. Freestanding signs may not be displayed by individual establishments located within a center. Wall signs (with or without borders) may be as large as one square foot per one linear foot of an establishment's front building wall length.
[Amended 12-30-2014 by L.L. No. 7-2014]
(c) 
A master sign plan is required of establishments that share a lot or parcel or are part of a center. The plan is a sign system to create visual unity among the signs within the plan area and to ensure compatibility with surrounding establishments and structures. The plan shall include specifications to which all signs within the plan area shall conform, including sign size, height, shape, materials, lighting, and location on the establishment. Within these standards, variety of graphic design is encouraged, subject to the design criteria of § 164-43.1I(3).
[Amended 6-11-2015 by L.L. No. 2-2015]
(d) 
One common monument or post-and-arm sign identifying the center shall be permitted as follows:
[1] 
Monument signs no larger than 40 square feet in area consisting of a maximum of 20 square feet in area per face, with a height maximum of eight feet from the mean ground surface (including the base) to the top of the sign.
[2] 
Post-and-arm signs no larger than 18 square feet in area per face, with a height maximum of 15 feet from the ground (including the post) to the top of the sign. The sign must be set back a minimum of 15 feet from the edge of pavement.
(e) 
One sign at each point of access to the lot, for internal direction, shall be permitted, provided that the individual signs are no more than two square feet on each of two sides and are limited to generic text such as "entrance," "exit," "office," and "parking." Permits will be granted only if the applicant can clearly demonstrate necessity based on motorist safety and that any such directional sign will be set back at least five feet from any public right-of-way or property line.
I. 
Design criteria. In reviewing sign applications, the Building Inspector shall determine that the sign will meet the following criteria. If, in the judgment of the Building Inspector, sufficient doubt exists as to whether the application can comply with the criteria, referral shall be made to the Planning Board within five days of receipt of the application. The Planning Board, within 30 days of its receipt of the application, shall then consider the design criteria and approve, approve with modifications, or deny the application for a sign permit and notify the Building Inspector of its decision on this matter.
(1) 
General criteria.
(a) 
Signs should be a subordinate part of the streetscape;
(b) 
Signs in a particular area or district should create a unifying element and exhibit visual continuity;
(c) 
Whenever feasible, multiple signs should be combined into one to avoid clutter;
(d) 
Signs should be as close to the ground as practical, consistent with legibility considerations;
(e) 
A sign's design should be compatible with the architectural character of the building on which it is placed and not cover any architectural features on the building;
(f) 
Shall at all times be maintained in a proper state of repair in full compliance with building code, electrical code, and reasonable property maintenance standards;
(g) 
Shall not attempt or appear to regulate, warn or direct highway traffic or to imitate or resemble public notices or warnings such as official traffic signs, signals or devices;
(h) 
Shall not project over property lines or be located within a public right-of-way;
(i) 
Shall not contain luminous material or sequin-studded lettering with fluorescent paint. An exception is allowed for one internally illuminated window sign per business if its size does not exceed two square feet;
(2) 
General rules by sign type.
(a) 
Awning signs. Awning graphics may be painted or affixed flat to the surface of the valance and shall indicate only the name and/or address of the enterprise or premises.
(b) 
Freestanding signs. No more than one freestanding pole sign may be located on a lot.
(c) 
Monument sign. Monument signs shall not be placed so as to impair visibility for motorists.
(d) 
Projecting signs. Projecting signs may not extend above the height of the roofline, and shall have no more than two faces. They shall be securely anchored and shall not swing or move in any manner.
(e) 
Wall signs. The visible edge or border of a wall sign may extend up to nine inches from the face of the wall, fascia, or eve to which it is attached, and may not extend any distance beyond or above the building in any direction.
(f) 
Window signs. Permanent window signs must be painted on or attached directly and permanently to the window.
[1] 
Window signs shall not cover more than 20% of the total front window area per premises.
[2] 
Are permitted in addition to the maximum number of signs allowed per business premises, but the area of the window sign shall be calculated as part of the total permitted square footage. Temporary window signs are exempt from this calculation.
[3] 
Window signs shall not be placed on glass doors or window areas that will impede pedestrian safety or prohibit view by police.
(3) 
Specific criteria.
(a) 
All signs, with the exception of window signs, shall be constructed of wood, metal or other durable material as approved by the Building Inspector.
(b) 
The lettering on any sign may not exceed 60% of the sign area of any one side of the sign, with the exception of signs with no background. The area for lettering shall be computed in accordance with the illustration provided.
 164-Sign.tif
(c) 
A primary sign should contain no more than six words to maximize detection and recognition.
(d) 
The color contrast on all signs should consist of light lettering on a dark background. Each sign should contain a maximum of three colors; black and white are not considered colors. Applicants are advised to use a professional sign designer to determine the best relationship between color and conspicuity, which varies depending upon the sign, the sign's background, and whether it will be externally downlighted. Florescent colors are prohibited. Artwork is exempted from the color restriction.
(e) 
The Building Inspector may require that landscaping be used at the base of a freestanding sign if such landscaping will make the sign more compatible with the surrounding area. Required landscaping may include one or more of the following types of vegetation: ivies, grasses, flowers, bushes, small trees or other plant materials. The Building Inspector need not approve a sign application if landscaping is deemed insufficient.
(f) 
Signs may only be externally illuminated as per the provisions of § 164-43.4 of this chapter. Downlighting is preferred; however, uplighting may be permitted by the Planning Board and/or Building Department if fully shielded to prevent off-site light trespass in compliance with § 164-43.4. Internally illuminated signs that were in existence on January 1, 2015, may continue for a period of 10 years from said date. Furthermore, the internally illuminated sign:
[Amended 6-11-2015 by L.L. No. 2-2015]
[1] 
Shall not be altered, enlarged or replaced. Any alteration, enlargement, or replacement shall be subject to § 164-43.1K of the Zoning Law;
[2] 
Shall not be illuminated between the hours of 10:00 p.m. and 6:00 a.m., unless the sign identifies an establishment open for business during those hours;
[3] 
Shall not be brighter than is necessary for clear and adequate visibility;
[4] 
Shall not be of such intensity or brilliance as to impair the vision of a motor vehicle driver or to otherwise interfere with the driver's operation of a motor vehicle; and
[5] 
Shall not be of such intensity or brilliance that it interferes with the effectiveness of an official traffic-control sign, device or signal.
(g) 
Existing signs meeting all design criteria at the time of adoption of the 2002 Zoning Law, with the exception of color, shall not be required to comply with the color requirements of § 164-43.1I(3)(d) above.
(4) 
Sign design guidelines. The Town Board-adopted design guidelines shall be used as a guideline to applicants and as an aid to the administration of this section.
J. 
Removal of signs.
(1) 
Abandoned signs. Any sign, existing on or after the effective date of this chapter, which no longer identifies an existing business conducted or product sold on the premises, shall be removed by the owner of the premises upon which such sign is located. The Building Inspector, upon determining that such sign exists, shall give written notice to the named owner of the building on which the sign is mounted or, if the sign is freestanding, to the named owner of the land upon which the sign is located, who shall, unless good cause is shown, remove the sign within 30 days from the date of the written notice. If no action is taken by the owner, within said time period, the Building Inspector may issue a violation or cause the sign to be removed and request the Town Board to assess the owner for all costs incurred for such service.
(2) 
Unsafe signs. The Building Inspector may cause any sign which is a source of immediate peril to persons or property to be removed immediately and without notice.
(3) 
Unauthorized temporary signs. Any temporary sign that is not permitted by this section may be removed immediately and without notice by the Building Inspector. The Building Inspector, upon determining that such sign exists, shall remove the sign and may issue a violation to the sign owner and request the Town Board to assess the owner for all costs incurred in accordance with Chapter 75, Development Fees.
K. 
Nonconforming signs. Any sign which does not conform to the provisions herein shall be deemed a nonconforming sign and shall be taken down and removed by the owner on or before the expiration of five years from the effective date of this Zoning Law, and such lapse of time shall be deemed sufficient to amortize the cost thereof. Nonconforming signs that are the subject of subdivision, special use permit and/or site plan applications, certificates of occupancy, no-violation letters, or other permit, approval, entitlement, or authorization from the Town of Warwick shall comply with the terms and conditions of this section (§ 164-43.1). Any other sign not in conformance with this section shall be deemed an illegal sign and shall be removed within 30 days of notifications by the Town Building Department.
L. 
Historically significant signs. Historically significant signs, which may contribute to the cultural, historic and aesthetic character of the Town, may be exempted from any or all of the requirements of § 164-43.1 when an applicant files a specific request for exemption and the Town finds that the following conditions exist. Each such request shall be accompanied by a statement outlining the reason for the request, including written or pictorial information documenting the sign's history, original and current purpose, colors and other relevant details which may be helpful in evaluating the request.
(1) 
The sign is of exemplary technology, craftsmanship, or design of the period in which it was constructed.
(2) 
The sign uses historic sign materials such as wood, metal or paint applied directly to a building and is not significantly altered from its historic period. If the sign has been altered, it must be restored to its historic function and appearance.
(3) 
The sign is integrated into the architecture of a period building.
(4) 
A sign not meeting the criteria listed above in Subsections (1) through (3) may be considered historically significant if it demonstrates extraordinary aesthetic quality, creativity, or innovation in design, as determined by the Town.
M. 
Definitions. The following definitions apply to terms used in this section:
AWNING
Any nonrigid material such as fabric or flexible plastic that is supported by a frame that is attached to an exterior wall.
PRINCIPAL FACADE
The face of a building which contains the primary entrance to the establishment.
SIGN
Any material, structure or device, or part thereof, composed of lettered or pictorial matter displaying an advertisement, announcement, notice or name, and including any declaration, demonstration, display, representation, illustration or insignia used to advertise or promote the interests of any person or business or cause when such is placed in view of the general public.
SIGN, AREA
Includes all faces of a sign measured as follows:
(1) 
When any sign is framed or outlined, all of the area of the frame or outline shall be included;
(2) 
Sign measurement shall be based upon the entire area of the sign with a single continuous perimeter enclosing the extreme limits of the actual sign surface, not including structural supports if they are not used for advertising purposes;
(3) 
The area of a sign consisting of an insignia or other device, but without background, shall be calculated as the smallest polygon or circle possible enclosing the insignia.
SIGN, AWNING
Any visual message on an awning.
SIGN, FREESTANDING
Any sign not attached to or part of any building but permanently affixed, by any other means, to the ground. Included are pole, post-and-arm, and monument signs.
SIGN, HEIGHT
The height of a freestanding sign shall be measured vertically from the established average grade directly below the sign or entry level of the building or structure, whichever is lower, to the highest point of the sign, including support structures.
SIGN, INTERNALLY ILLUMINATED
A sign lighted by or exposed to artificial lighting that shines through a plastic or other translucent or transparent covering. Use of neon, electronic variable message signs and other similar signs are considered internally illuminated.
SIGN, LIGHTING
External white light used to illuminate a sign.
SIGN, MONUMENT
A freestanding sign either with a base affixed to the ground or mounted on short poles no greater than two feet high.
SIGN, OFF-PREMISES OR BILLBOARD
A sign which does not identify a business or a profession conducted, or a commodity or service sold or offered, upon the premises where such sign is located.
SIGN, POLE
A freestanding sign with the base of the actual sign area at least five feet above the ground supported by vertical pole(s).
SIGN, PORTABLE
A sign, whether on its own trailer, wheels or otherwise, designed to be movable and not permanently affixed to the ground, a building, structure or another sign. Included are signs and advertising devices which appear on permanent delivery/pickup containers, and commercial vehicles consistently parked in highly visible locations which are obviously positioned to constitute advertising. This definition does not apply to signs or lettering on buses, taxis, or vehicles operating during the normal course of business.
SIGN, POST-AND-ARM
A freestanding sign comprised of a vertical post to which a perpendicular arm is attached and from which the sign hangs.
SIGN, POSTER
A sign affixed to trees, other natural vegetation, rocks, or utility poles.
SIGN, PRIMARY
An establishment's principal sign, i.e., the sign which identifies the business to passersby, communicating the most pertinent information.
SIGN, PROJECTING
A sign attached to a building wall or structure that projects horizontally or at a right angle more than nine inches from the face of the building.
SIGN, ROOF
A sign erected on a roof or extending in height above the roofline of the building on which the sign is erected.
SIGN, SECONDARY
A sign which communicates accessory information, e.g., hours of operation, different products sold.
SIGN SETBACK
The distance from the property line to the nearest part of the applicable building, structure or sign, measured perpendicularly from the property line.
SIGN, TEMPORARY
Any sign that is displayed only for a specified period of time and is not permanently mounted.
SIGN, WALL
A sign that is painted on or attached directly to the outside wall of a building, with the face of the sign parallel to the wall and having a visible edge or border extending not more than nine inches from the face of the wall, fascia, or eve to which it is attached.
SIGN, WINDOW
A sign visible from a sidewalk, street or other public place, affixed or painted on glass or other window material, or located inside within four feet of the window, but not including graphics in connection with customary window display of products.
A. 
Purpose. The purpose of the off-street parking and loading regulations is to ensure that such uses are treated as accessory uses, that they do not predominate the site, are placed to the side and rear of buildings to minimize their visibility, and feature quality landscaping to reduce the visual impact of glare, headlights, and parking lot lights from roadways and neighboring properties. Off-street parking areas should complement the buildings on a site, improve the appearance of the Town of Warwick, protect the character of residential, business, institutional, and industrial areas, and conserve the value of land and buildings on surrounding properties.
(1) 
Permitted accessory uses. Off-street parking spaces, open or enclosed, are permitted accessory to any use, subject to the provisions of this section. Off-street loading berths, open or enclosed, are permitted accessory to any use except residences for one or two families. No off-street loading berth shall be located in a front yard.
(2) 
Schedule of requirements.
(a) 
Accessory off-street parking and loading spaces, open or enclosed, shall be provided for any lot as specified below. Any land which is developed as a unit under single ownership and control shall be considered a single lot for the purpose of these regulations.
Table of Uses and Parking Space Requirements
Use
Parking Spaces Required
Loading Spaces Required
Residential
1/dwelling unit
None
Accessory/secondary dwelling
Class 1 home occupation
1/500 square feet of GFA devoted to the home occupation
None
Class 2 home occupation
1/500 square feet of GFA devoted to the home occupation
None
Convalescent or rest homes
0.33/resident
None
Senior apartment dwelling unit
0.65/1-bedroom unit, plus 0.85/ 2-bedroom unit
None
Senior congregate dwelling unit
0.65/1-bedroom unit, plus 0.85/ 2-bedroom unit
None
Senior townhouse dwelling unit
1/1-bedroom unit, plus 1.25/2-bedroom unit
None
Senior two-family dwelling unit
1/1-bedroom unit, plus 1.25/2-bedroom unit
None
Single-family dwelling unit
2/dwelling unit
None
Summer colonies
1/2 dwelling units
None
Tourist, boarding and lodging houses
1 per sleeping room or unit, plus any spaces required for meeting rooms, plus 1 for each 4 employees on the peak activity shift
As required for restaurant and meeting rooms
Two-family dwelling unit1
1.5/1-bedroom unit plus 2 spaces/ 2-bedroom unit
None required for the first 25 units; thereafter 1 for every 100 units per building
Retail
Convenience retail
4/1,000 square feet GFA
Same as general retail
Farm markets
4/1,000 square feet GFA
Same as general retail
Farm stands selling agricultural and nursery products
4/1,000 square feet GFA
None
General retail
3.3/1,000 square feet of GFA
None for the first 10,000 square feet GFA, then 1/30,000 square feet up to 65,000 square feet
Hard goods retail
2.5/1,000 square feet GFA interior sales space plus 1.5/1,000 square feet interior storage
Same as general retail
Motor vehicle sales and service
2.5/1,000 square feet GFA interior sales space plus 1.5/1,000 square feet of external display (does not include stock areas closed to the public) plus 3/service bay
Same as industrial
Other retail/ service uses
As determined by the Planning Board
Same as general
Personal service
2/treatment station, but not less than 4/1,000 square feet GFA
None
Service retail
2.4/1,000 square feet GFA
Same as general retail
Food and Beverage
Eating and drinking places
12/1,000 square feet GLA plus any spaces required for banquet and meeting rooms
1/30,000 square feet GLA
Eating and drinking places, drive-in restaurants and fast-food
16/1,000 square feet GLA for kitchen, serving counter and waiting area plus 0.5 seat provided
With indoor seating area 1; with no seating area, none
Office/Business Services
Business and professional offices
3.6/1,000 square feet GFA for GFA up to 30,000 square feet; 3/1,000 square feet GLA for buildings with GFA over 30,000 square feet
None for the first 30,000 square feet GFA then 1 thereafter
Funeral homes
1/3 persons accommodated at capacity 1 per 2 plus employees
1/chapel which shall be 10 feet wide, 20 feet long, and 71/2 feet high
Medical offices
6/1,000 square feet GFA for GFA up to 5,000 square feet; 5.5/1,000 square feet GLA for buildings with GFA over 5,000 square feet
None for the first 30,000 square feet GFA then 1 thereafter
Industrial
Manufacturing
2/1,000 square feet GFA plus any required spaces for offices, sales, or similar use or as special conditions may require
1 / 10,000 square feet up to 50,000 square feet GFA plus one for each 50,000 square feet thereafter
Warehouse, self-storage
3 at the office; access to individual storage units shall provide for loading of vehicles without impeding traffic flow through the facility
None
Wholesale sales/storage, warehouses
0.5/1,000 square feet GFA plus any required spaces for offices, sales, or similar use or as special conditions may require
1 / 50,000 square feet GFA
Institutional/Recreational
Bowling alleys
0.33/person in permitted capacity
None
Campgrounds
1/camp site
None
Camps
1/2 members or accommodations (whichever is greater)
None
Clubs and fraternal lodges
1/1,000 square feet GFA but not less than 1/5 seats
None
Hospitals or sanitariums
0.4/employee plus 1/3 beds plus 1/5 average daily outpatient treatments plus 1/4 members of medical staff
1/100,000 square feet GFA
Institutions of higher learning, public libraries, museums, state-accredited private schools
To be established the Planning Board based on a study of parking needs prepared specifically for the subject institution
To be estab- lished by the Planning Board based on a study of load- space needs prepared specifically for the subject institution
Nursery school
1/employee plus 0.1/person of capacity enrollment plus drop-off spaces equal to one for each 8 enrollees permitted
None
Place of public assembly
0.25/person in permitted capacity
1/100,000 square feet GFA
Recreational facility
0.33/person in permitted capacity
1/100,000 square feet GFA
NOTES:
1Includes two-family and townhouse style dwellings.
(b) 
Reasonable and appropriate off-street parking and loading requirements for structures and uses which do not fall within the categories listed above shall be determined by the Planning Board upon consideration of all factors entering into the parking needs of each such use.
(c) 
Definitions. As used in this chapter, the following definitions shall govern the interpretation of the parking regulations. The uses enumerated and similar uses not specifically defined may be located as stand-alone facilities (in separate buildings), combined in buildings generally housing a number of similar uses or located in mixed-use facilities where a wide range of nonrelated uses may be combined in a single building, or development complex.
EMPLOYEE
The regular working staff, (paid, volunteer or otherwise) at maximum strength and in full time equivalent numbers necessary to operate, maintain or service any given facility or use under normal levels of service.
GARAGE, PRIVATE
An accessory building housing motor vehicles (not more than one of which may be a commercial vehicle of not more than three tons gross vehicle weight) which are the property of and for the private use of the occupants of the parcel on which the private garage is located.
GARAGE, PUBLIC
Any building or premise (except those used as a private garage or off-street parking facility) used for equipping, repairing, hiring, selling or storing motor vehicles.
GROSS FLOOR AREA (GFA)
The gross floor area, including the exterior building walls, of all floors of a building or structure. GFA shall include all occupiable areas minus the following deductions:
[1] 
Vehicular parking and loading areas within the structure.
[2] 
Floor area occupied by HVAC (heating, ventilating and air conditioning), mechanical, electrical, communications and security equipment or apparatus.
GROSS LEASABLE AREA (GLA)
The gross floor area minus the following floor area deductions:
[1] 
Elevator shafts and stairways.
[2] 
Public restrooms.
[3] 
Public lobbies, common mall areas, atriums and courtyards provided solely for pedestrian access to the building from the exterior, and/or for aesthetic enhancement or natural lighting purposes.
[4] 
Permanently designated corridors (i.e., not subject to relocation by the requirements of a specific lease).
OCCUPIED SPACE
An area enclosed or covered providing a ceiling height of seven feet, zero inches or more, intended for normal use by people on an occasional or more frequent basis. Occupied space may include basements, cellars, penthouses, attic space and interior balconies or mezzanines if the space is intended for use or habitation.
OFF-STREET PARKING FACILITY
Parking spaces located in an area other than on a street or public right-of-way and limited in use to vehicles not exceeding a gross vehicle weight of three tons or not parked continuously for periods of more than 48 hours, except in facilities designated for special uses such as airport parking. Parking facilities include the following subclasses:
[1] 
A parking facility constructed on prepared grade and without a covering roof or structure.
[2] 
A parking area or facility, comprising one or more floors as a part or whole of a building, that meets the requirements for natural ventilation as specified by the New York State Building Code.
[3] 
A parking area or facility comprising one or more floors as a part or whole of a building, that does not meet adopted Building Code requirements for openness.
(d) 
Use categories. For the purpose of calculating parking and loading requirements, uses are defined as follows:
[1] 
Cultural/recreational and entertainment.
[a] 
Public assembly, including art galleries; auditoriums; community and recreational centers; convention rooms; ballrooms; meeting rooms and exhibit halls; libraries; museums; movie and performing arts centers; stadiums and arenas; funeral homes; churches, synagogues and mosques; outdoor theaters/festival/drama; and mausoleums.
[b] 
Public recreation, including bowling alleys, gymnasiums, health clubs, roller and ice skating rinks, tennis, racquetball, swimming and other recreational facilities.
[c] 
Educational, including grade and secondary schools, colleges, special education facilities, trade schools, adult education facilities or testing/research facilities used for or in conjunction with educational purposes.
[2] 
Food and beverage services.
[a] 
Quality restaurant, including restaurants, lounges, and bars with or without dancing and entertainment facilities, which provide only seated table service.
[b] 
Family restaurant, without a bar or lounge area which provides food delivered to tables or dining counters, and only incidental carry-out service.
[c] 
Alcoholic beverages may be served with meals only.
[d] 
Fast food, including delicatessens, carry-out, etc., which provides quickly or previously prepared foods from a serving counter. The patron carries the food out or to a separated indoor or outdoor seating area, if provided.
[3] 
Governmental. Federal, state, county, Town and municipal buildings of all types and facilities used by public or quasi-public agencies that serve or assist the public or provide an accepted public purpose.
[4] 
Industrial. Manufacturing, processing, assembly, and/or packaging plants of all types.
[5] 
Office and business services.
[a] 
General business offices, including accounting; advertising; architectural/engineering/planning; bookkeeping; business and management consulting; charitable; consumer protection; corporate credit reporting; data processing; detective services; interior decorating (without furniture showrooms); legal offices; newspaper and newspaper distribution; philanthropic or professional membership business associations; publishing houses (without printing plants); public relations; religious services; research labs; stenographic services; syndicator offices; title abstracting; travel agencies and window cleaning services.
[b] 
Financial services offices, including collection services; commodity or security broker/dealer; currency exchange; employment agencies; employment services; financial institutions including banks, savings and loans, credit unions, with or without drive-in facilities; general business offices; financial counseling; income tax preparation; insurance agencies/brokers/service offices; loan companies; labor unions; public relations; real estate offices; etc.
[c] 
Medical offices; dentists; physicians; chiropractors, psychiatrist/psychologist; nonresidential psychiatric, alcoholic and narcotic treatment centers; dental and medical laboratories; medical clinics and outpatient surgery/treatment centers; offices for the fitting and repair of hearing aids, prosthetic appliances, etc.
[d] 
Home occupation offices, including such services, provided solely by the owner or tenant, as accounting, insurance, public relations, tax preparation, legal, stenographic, planning and design and similar activities.
[6] 
Residential uses.
[a] 
Single-family dwellings, including detached houses and duplexes, townhouses, and clustered dwelling units that may be attached but have separate entrances and/or parking areas for each unit or common parking areas serving two or more units.
[b] 
Multifamily dwellings, including condominium and apartment buildings with common entranceways and/or parking areas, for two or more dwelling units.
[c] 
Elderly housing, any multifamily dwelling occupied 90% or more by persons 60 years of age or older.
[d] 
Accessory dwelling units, above, below or on the same floor level as the primary nonresidential use within the same building, as well as separate dwelling units attached or adjacent to the primary dwelling unit and on the same parcel of land and intended for use by dependents, household providers or relatives of the occupants of the primary residential unit.
[e] 
Sleeping rooms, including boarding, lodging, and bed-and-breakfast in houses, rectories and convents, and rooms that are rented or used on an individual basis by nonfamily members.
[f] 
Commercial lodging, including hotels, motels, motor lodges and motor courts.
[g] 
Group, convalescent and nursing homes, where unrelated persons reside under supervision for special care, treatment, training or other purposes, on a temporary or permanent basis.
[h] 
Day-care centers, where unrelated persons are cared for during limited periods each day in a supervised facility.
[i] 
Hospitals, including teaching and specialized medical centers, sanitariums, and residential alcoholic, psychiatric and narcotic treatment facilities that provide for temporary or long-term resident patient care.
[7] 
Retail/service uses.
[a] 
General retail, including generally the sale of items such as antiques; art; art supplies; bicycles; books; camera and photographic supplies; china and glassware; clothing; coin and stamp; crafts/needlework; discount/mass merchandising; drapery/curtain/window coverings; dry goods; fabrics and sewing accessories; floor coverings; furriers and fur apparel; gifts/novelty/souvenirs; hobby; jewelry; linens/sheets/towels; leather/luggage/suitcases; musical instruments; optical shops; newspapers and magazines; retail florist (no greenhouse); paint and wall coverings; pet shops; records/audio/stereo/TV; school and office supplies; secondhand and resale; shoes; small electrical appliances; specialty; stationary; tobacco; toys.
[b] 
Convenience retail, including bakeries and confectioneries (nonmanufacturing); butchers/meat shops; dairy products; eggs and poultry; fish and seafood; fruit and vegetables; frozen desserts (without customer seating tables); grocery/supermarkets; liquor; laundry/dry cleaning (pickup station only); pharmacy/drug; film/video rentals.
[c] 
Service retail, including drapery services; direct selling; appliance repair, tool and appliance rentals; mail order; merchandise vending; printing/copy; shoe repair; pawn shops; photographic studios; tailoring and dressmaking; upholstery.
[d] 
Hard goods retail, automotive parts and supplies (without repair facilities); furniture; key and lock; hardware; wholesale florists; garden supply; greenhouse; nurseries; truck gardens and orchards; lumber and building supplies; household appliances; lighting and electrical supplies; pool and patio furniture; and sales display and showrooms for any building product (including millwork, cabinets, plumbing, glass and mirror, fencing, swimming pools/spas/hot tubs, etc.).
[e] 
Shopping centers, with two or more individual stores, provided in the same building or attached buildings, and GLA totaling more than 10,000 square feet.
[f] 
Personal care services, including barber and beauty shops, cosmetology and cosmetic salons; diet counseling centers; electrolysis/hair removal salons; and fingernail salons.
[g] 
Coin-operated laundry and coin-operated dry cleaning facilities, with or without attendant services and/or a pickup station for outside dry cleaning service.
[h] 
Other retail/service uses, including animal clinics/hospitals/veterinarian offices; kennels and pounds.
[i] 
Temporary retail, including roadside stands and outdoor markets.
[j] 
Motor vehicle sales and service, including automotive sales; gasoline and/or diesel fuel stations; automotive rental agency; marine craft sales and service; engine and motor repair shops; automotive glass/muffler/painting/tire/upholstery/repair shops, recreational and sports vehicle sales and service.
[k] 
Motor vehicle laundries and washing facilities, including facilities for washing, waxing and cleaning of vehicles and vehicle components but expressly prohibiting facilities or equipment for the repair, overhaul or storage of motor vehicles or vehicle components.
[8] 
Storage/wholesale/utility. Self-storage warehouse, with secured, individual storage units which are leased for a fee to individual companies or persons.
(3) 
Areas computed as parking spaces. Areas which may be computed as open or enclosed off-street parking spaces include any private garage, carport or other area available for parking, other than street or a driveway except in the Traditional Neighborhood District. A driveway for a one-family or two-family residence may count as one parking space, other than on a corner lot, where the visibility at intersections is to be safeguarded as provided in § 164-41B.
(4) 
Size and location of parking spaces. All off-street parking should be located behind or to the side of the principal building(s) but in no case within 50 feet of the designated front lot line or right-of-way. Parking spaces shall be screened from public view to the maximum extent practicable, provided such screening does not interfere with safety standards for sight distance. Within the LB, CB, and TN-O Zoning Districts, the Planning Board is authorized to require that all off-street parking be located behind or to the side of the principal building(s) and to reduce applicable front yard setbacks to allow placement of buildings nearer to the street, when parking is provided wholly at the rear of buildings and to link the site to the street front and sidewalk systems, whether existing or planned. Off-street parking in the CB District shall additionally meet the Design Standards found in Appendix A[1] of the Zoning Law. Two hundred fifty square feet shall be considered one parking space, to provide room for standing area and aisles for maneuvering. Entrance and exit roadways shall not be computed as parking space except for one-family and two-family residences as in Subsection A(3) herein. The minimum stall width shall be nine feet (9'), the minimum length eighteen feet (18'). Provision shall be made at convenience retail facilities for shopping cart collection areas. Recommended parking dimensions are shown in the illustration below:
[Amended 9-11-2003 by L.L. No. 4-2003; 2-18-2010 by L.L. No. 1-2010; 12-9-2010 by L.L. No. 6-2010]
 164-recparkdim.tif
[1]
Editor’s Note: Appendix A is on file in the Town offices.
(5) 
Access. Unobstructed access to and from a street shall be provided. Such access shall consist of at least one ten-foot lane for parking areas with fewer than 20 spaces and at least two ten-foot lanes for parking areas with 20 spaces or more.
(6) 
Drainage and surfacing. All open parking areas shall be properly drained, and all such areas of over 10 spaces shall be provided with a suitable surface as specified by the Town Engineer.
(7) 
Landscaping. Parking lot landscaping is in addition to all other landscaping requirements of this chapter. See § 164-46G(3)(n) for landscaping requirements of all uses requiring special use permits and/or site plan approval. In parking lots of one acre or more, at least 15% of the area between the inside perimeter of the parking surface of the parking area shall be landscaped and maintained with trees, shrubs and other plant materials, as determined necessary by the Planning Board. Natural landscaping can count as part of the fifteen-percent requirement. In all parking lots providing eight or more off-street parking spaces, a minimum of one canopy tree having a caliper of at least three inches and 10 shrubs shall be planted for each eight parking spaces and any additional portion thereof, said tree(s) to be planted in median dividers, landscape islands or such other locations as may be determined by the Planning Board to relieve the monotonous expanse of asphalt and provide shade for parked vehicles. The following principles of off-street parking lot design shall be considered in developing a landscape plan. It is recognized that each site is different due to topography, the presence of surface water resources, and other factors, such as snow removal. Therefore, while the use of all principals is encouraged in parking lot design, each may not be attainable on every site.
[Amended 10-24-2002 by L.L. No. 6-2002; 9-11-2003 by L.L. No. 4-2003]
(a) 
Use of native species is highly encouraged since such species are tolerant of Southeastern New York's climate, are generally disease resistant, do not create unusual maintenance problems, and are readily available from local nurseries. Use a variety of tree species to provide visual interest, to protect against same species die-out or disease, and be tolerant of road salt. Large leafed and/or fruiting trees should be avoided.
(b) 
To reduce the visual impact of the parking lot, provide a ten-foot wide landscape strip around the perimeter of the lot, to be planted with shade trees and low shrubs. Provide a minimum of one shade tree every 35 feet of lot perimeter but not necessarily at 35 feet on-center. In the judgment of the Planning Board, additional shade trees and sufficient shrubs may be necessary to effectively shade/screen the parking lot.
(c) 
Break up the blacktop and reduce stormwater runoff by using bricks, pavers, or textured surfaces for crosswalks. For uses subject to seasonal fluctuations, establish overflow parking using pervious surfaces such as cellular concrete blocks where the interstices of the blocks are filled with earth and planted with grass. The Planning Board remains responsible for determination of the adequacy of parking supply demand.
(d) 
Divide the rows of parking with planting strips and trees, averaging a tree every six to 10 spaces. Planting strips should be a minimum of eight feet in width.
(e) 
Provide diamond-shaped tree islands six feet wide for every four to six parking stalls.
(f) 
Reduce visual impacts by breaking up large parking lots into smaller parking groves and parking courts with a significant number of shade trees and surrounded by low hedges, stone walls, or attractive fencing. Avoid more than 15 parking spaces in a continuous row and more than 60 spaces in any single parking area defined by landscaping.
(g) 
Create large planting islands (over 500 square feet) to be located throughout the lot and planted with shade trees, low shrubs, and/or ground cover. These should preferably be located at the ends of parking rows.
(h) 
Provide planting islands between every 15 spaces to avoid long rows of parked cars. Each of these planting islands should provide at least one shade tree.
(i) 
Landscaping should be used to delineate vehicular and pedestrian patterns. Clear and legible signs, different color and texture paving materials, raised or inverted areas, and other techniques should be used to further direct the flow of both vehicular and pedestrian traffic within the lot.
(j) 
Use existing woodlands, if located on the site, by preserving as much as possible along the perimeter of the lot. Provide additional evergreen shrubs if needed.
(k) 
At least 25% of the shade trees should be evergreen type.
(l) 
The use of nonplant materials as part of the landscape plan is encouraged, especially where such materials exist on the subject site. These materials may include the following: large landscape quality boulders, water features, wood or concrete soil retaining devices, gravels, concrete garden amenities, and approved mulch materials.
(m) 
Lighting should complement the landscaping and architectural features on the site, should be distinctive and human-scale, and should avoid excessive glare or wasted light. See § 164-43.4 for lighting standards.
(n) 
In large parking lots, separate pedestrian walkways should be provided to allow safe movement within the lots. These facilities should generally be oriented perpendicular to and between parking bays. Adjacent to the walks, trees should be planted. Coordinate pedestrian walkways with access for public transit if available or planned. The following walkway guidelines also apply:
[1] 
One walkway can serve as a collector for up to four bays of parked cars.
[2] 
The walkway should be a minimum of four feet wide, allowing an additional 30 inches on each side for overhanging of automobiles.
[3] 
All walkways should be raised to a standard sidewalk height and should be constructed of different paving material than the parking lot.
[4] 
Provide pedestrian and bicycle amenities, such as benches, shade, human-scale lighting, and bicycle racks.
(o) 
All plant material used to landscape parking lots is to be maintained at all times in a living and growing condition. Assurance shall be in accordance with the landscape requirements found in § 164-46G(3)(n)[3].
(8) 
Joint facilities. Required parking spaces, open or enclosed, may be provided in spaces designed to serve jointly two or more establishments whether or not located on the same lot, provided that the number of required spaces in such joint facilities shall not be less than the total required for all such establishments.
(9) 
Design standards.
(a) 
Parking facilities shall be designed with regard for orderly management, topography, landscaping, ease of access, and shall be developed as an integral part of an overall site design.
(b) 
Parking spaces shall have wheel stops or curbs to prevent injury to trees and shrubs planted in landscaped islands.
(c) 
Bicycle parking spaces and racks shall be provided in an area that does not conflict with vehicular traffic. Designated van/car pool parking, and other facilities for transportation alternatives to single occupancy vehicle use shall be provided wherever practical.
(d) 
All above-ground loading facilities shall be oriented to preserve auditory privacy between adjacent buildings, and shall be screened from public view to the extent necessary to eliminate unsightliness.
(10) 
Screening from residential uses.
(a) 
Whenever a parking lot of five spaces or more abuts the side or rear lot line of a lot in a residence district, or any land in residential use, said parking lot shall be effectively screened from such adjoining lot by a substantial wall, fence, or berm, or a thick evergreen hedge, with a height of not less than six feet at the time of planting and pruned to a height of not less than 61/2 feet. In order to break the visual monotony of a wall when walls are used, at least one shrub or vine shall be planted abutting the wall within each 10 feet but not necessarily evenly spaced 10 feet apart. In lieu of the vine or shrub requirement, the Planning Board may approve a wall having a significant design variation spaced at intervals of not more than 20 feet.
(b) 
Whenever a parking lot is located across the street from land in any residence district, or any land in residential use, it shall be screened from the view of such land by a thick hedge located along a line drawn parallel to the street and a distance of five feet therefrom, such hedge to be interrupted only at points of ingress and egress. The open area between such hedge and the street shall be landscaped in harmony with the landscaping prevailing on neighboring properties fronting on the same street.
(c) 
Identification and directional signs located on the street side of such screening as provided in § 164-43.2A(10)(a) and (b) herein shall not exceed an area of two square feet each and shall be limited to such number as are essential for the particular use.
(11) 
Trailers (camping or travel), motor boats, and commercial vehicles.
[Amended 9-11-2003 by L.L. No. 4-2003]
(a) 
The outdoor storage, parking or use of camper or travel trailers; motor boats; storage containers, including but not limited to metal shipping and/or truck-body containers, regardless of size; and commercial vehicles are hereby prohibited in all districts, except that:
[Amended 6-9-2011 by L.L. No. 3-2011]
[1] 
One camper or travel trailer may be stored, but not used for any purpose, on an occupied lot (or on an adjacent unoccupied lot, if both lots are under common ownership). Said camper or travel trailer shall not be located between the street line and the principal buildings and shall not exceed 40 feet in length. The location of the camper or travel trailer on the lot shall conform to side and rear yard requirements governing accessory uses. Any and all of these dimensional requirements maybe waived by the building department where lot configuration does not permit compliance.
[2] 
Camper or travel trailers and other recreational vehicles may be used only in a duly established camping or travel trailer camp or park or similar facility.
[3] 
One commercial vehicle not exceeding 26 feet in length may be parked on an occupied lot in any residence district, but not within the required yards of such lot and in no case between the street line and the principal building.
[4] 
One commercial vehicle not exceeding 26 feet in length may be parked within a private garage in any residence district.
[5] 
Commercial farm vehicles are permitted as accessory to a commercial farm use in any district where commercial agriculture is permitted
[6] 
Storage containers may be permitted by the Building Department as storage sheds on property owned by a NYS registered not-for-profit entity provided that screening is provided to the satisfaction of the Town Code Enforcement Officer.
[Added 6-9-2011 by L.L. No. 3-2011]
(b) 
Not more than one motor boat may be stored in the open on a lot (or on an adjacent lot, if both lots are under common ownership) in a residence district and such storage shall conform to side and rear yard requirements governing accessory uses.
(12) 
Driveways. No driveway shall provide access to a lot located in another district, which lot is used for any use prohibited in the district in which such driveway is located.
B. 
Additional requirements for off-street loading berths.
(1) 
Accessory open or enclosed off-street loading berths shall be provided for any lot or any use as specified herein. Any land which is developed as a unit under single ownership and control shall be considered a single lot for the purpose of such requirements.
(2) 
Size, location and access. Each required loading berth shall be at least 12 feet wide, 33 feet long and 14 feet high, unless specified elsewhere for a particular use. Unobstructed access, at least 10 feet wide, to and from a street shall be provided. Such access may be combined with access to a parking lot. The berth may be located either within a building or in the open, but not within required yards. If such berths are not enclosed, they shall be located not less than 300 feet from any residence district boundary and an effective visual and noise buffer shall be provided as in the case of parking areas as set forth in § 164-43.2A(10).
C. 
Regulations affecting both parking and loading facilities.
(1) 
Access near street corners. No entrance or exit for any accessory off-street parking area with over 10 parking spaces, nor any loading berth, shall be located within 50 feet of the intersection of any two street lines.
(2) 
On lots divided by district boundaries. When a lot is located partly in one district and partly in another district, the regulations for the district requiring the greater number of parking spaces or loading berths shall apply to all of the lot. Parking spaces or loading berths on such a lot may be located without regard to district lines, provided that no such parking spaces or loading berths shall be located in any residence district, unless the use to which they are accessory is permitted in such district.
[Amended 10-27-2016 by L.L. No. 4-2016]
A. 
Purposes. Historic preservation is the physical and visual conservation of history. When historic structures and places are preserved, residents are able to experience the buildings and environments in which earlier generations lived. The Town of Warwick specifically finds that many of these vital and irreplaceable historic resources have been afforded recognition, but not protection, through their eligibility or placement on the National and/or State Registers of Historic Places or through their inclusion in the Town of Warwick Historic Resource Inventory. The Town of Warwick has an obligation to respect these community resources and to preserve them for future generations. Historic preservation can also strengthen Warwick's future. The continued presence of historic buildings in the Town helps create vibrant cultural facilities that draw both tourists as well as new investments in the community, bringing about new revenue sources for the Town and economic growth for the community. Historic preservation also conserves natural resources. Restoration and redevelopment of existing buildings consumes less energy than demolition and new construction and it places a value on the use of past energy investments. Establishing preservation of historic structures provisions in the Town Zoning Law address the following findings:
(1) 
Studies conducted throughout the United States that have analyzed the economic benefits of historic preservation on property values, have consistently reported that properties in historic districts appreciate significantly faster than comparable properties not located in historic districts.
(2) 
Economic activity invested in historic preservation has provided millions of dollars worth of sales and wages, supporting thousands of jobs.
(3) 
Historic preservation promotes the general health, safety and welfare of the community by recognizing and protecting the integrity of historic resources in Warwick.
(4) 
A clear process in which proposed land use changes affecting historic resources are reviewed and approved is necessary in order to accomplish the goals of the Town Comprehensive Plan.
(5) 
To discourage the unnecessary demolition of historic resources, it is important to establish clear procedures in the Town Building Department so that alternatives can be evaluated.
(6) 
To encourage historic preservation in the community, it is necessary to provide incentives for the continued use of historic resources and to facilitate their appropriate reuse.
(7) 
Article XIV of the New York State Constitution establishes a State policy of preserving historic and aesthetic resources.
B. 
Applicability.
(1) 
Historic Resource Inventory. The provisions of this chapter shall apply to designated historic resources in Warwick, which shall constitute the Town of Warwick Historic Resource Inventory. Designated historic resources consist of the following:
(a) 
Any building, structure, or site listed on the National and/or State Register of Historic Places (Class 1);
(b) 
Any building, structure, or site that is eligible for the National and/or State Register of Historic Places as determined by the State Historic Preservation Officer and/or through inclusion in the Statewide Historic Resources Survey (Class 2);
(c) 
Any building, structure, or site that has been surveyed as an historic resource by the New York State Office of Parks Recreation and Historic Preservation, including those listed in Appendix B of the Town of Warwick Comprehensive Plan, adopted August 19, 1999 and as amended from time to time (Class 2);
(d) 
Any building, structure, or site that is designated an historic building, structure or site by the Town Board upon recommendation of the Architectural Review Board after consultation with the Town Historian/Deputy Town Historian (Class 2).
(e) 
Additional buildings, structures or sites shall be eligible for designation as an historic resource upon application to the Town Board and upon recommendation of the Architectural Review Board in consultation with the Town Historian/Deputy Town Historian (Class 2).
(2) 
Revisions to Historic Resource Inventory. Based on the criteria set forth in this section, the Town of Warwick Historic Resource Inventory may be revised from time to time by legislative action of the Town Board following a public hearing, at which time the proposed changes shall be presented. Revisions may include additions or deletions to the inventory or changes in the classification of such resources.
(a) 
Any proposed revision to the Historic Resource Inventory shall first be referred to, or proposed by, the Architectural Review Board, which shall submit a written recommendation to the Town Board. Routine inventory maintenance or updating of information regarding individual resources included in the inventory shall not be considered revisions for the purposes of this section.
(b) 
A resource shall be designated Class 1 (and to the inventory if not already included) if it is found to meet the criteria for Class 1 (i.e., national and/or state register listing or eligibility).
(c) 
A resource shall be recommended for removal from Class 1 if it no longer meets the criteria for Class 1 (i.e., national and/or state register listing or eligibility) in consultation with the Town Historian/Deputy Town Historian.
(d) 
A resource shall be added to Class 2 (and to the Historic Resource Inventory if not already included) if it is found to meet the general definitional criteria for a designated historic resource set forth in § 164-43.3B(2)(h).
(e) 
A resource shall be recommended for removal from the Historic Resource Inventory if it does not currently meet the general definitional criteria set forth in § 164-43.3B(2)(h) below or is not deemed by the Architectural Review Board, Town Historian/Deputy Town Historian or Town Board to be of similar significance based on documentary evidence received by the Architectural Review Board.
(f) 
Unless a resource is proposed for addition to or deletion from the inventory or for reclassification by the owner(s) of the property upon which the resource is located, such owners(s) shall be notified upon receipt of a proposal affecting their property and shall be invited to respond to such proposal at or prior to the public hearing. The owner(s) of any property(ies) which are the subject of any such proposed legislative action shall be given written notice of the Architectural Review Board's recommendation to the Town Board at least 10 days prior to the public hearing.
(g) 
Amendments, as needed, shall conform to all procedural requirements for an amendment to the Zoning Law.
(h) 
The following general definitional criteria shall be considered when determining whether a resource should or should not be included on the Historic Resource Inventory or should be reclassified:
[1] 
Resources uniquely associated with historic events or persons that have made a significant contribution to local, state, or national history, culture and development.
[2] 
Resources of significant character, interest, or value as part of the historical, archaeological, architectural, economic, social, or cultural heritage of Warwick, Orange County, New York State, or the nation.
[3] 
Resources possessing distinctive characteristics of an architectural style, type, specimen, period, method of construction, or innovation of design, or that exhibit a high degree of original architectural integrity from a recognized historical period.
[4] 
Resources identified as the work of an outstanding architect or master builder.
[5] 
Resources with a relationship to distinctive areas, buildings or structures that are eligible for preservation.
C. 
Special provisions for properties designated as a Class 1 Historic Resource.
(1) 
Additional use opportunities. Subject to obtaining special use permit approval from the Planning Board in accordance with § 164-46J of the Zoning Law, as well as the requirements and procedures set forth in this § 164-43.3, additional use opportunities may be permitted on properties designated as a Class 1 Historic Resource. The following use opportunities listed in Subsections C(1)(a) through C(1)(m) may be available as a principal or accessory use in addition to, or in place of, any current use of the property or use permitted in the zoning district. Where such uses are already permitted by-right or by special use permit in the zoning district, they shall not be subject to the provisions of this § 164-43.3, but shall meet all other applicable requirements of the Zoning Law. However, if the use is proposed in addition to a principal use already on the property (i.e., a second principal use), or is otherwise not permitted in the zoning district, such use shall be subject to the provisions of this § 164-43.3.
(a) 
Tourist Home (bed and breakfast), subject to the provisions of § 164-46J(103).
(b) 
Business and professional offices employing not more than five persons.
(c) 
Art and craft studios employing not more than three persons. Where instructional classes are provided, the use shall be limited to one class at a time with not more than five students in the class and not more than two instructors.
(d) 
Art galleries of 5,000 square feet or less of gross leasable floor area.
(e) 
Antique shop, rare book, and coin or stamp shops of 1,500 square feet or less of gross leasable floor area.
(f) 
Multifamily residential use in single-family districts, but not to exceed four units within the principal residential structure, contingent on the continuing residency of the owner of the building within one of the dwelling units.
(g) 
Conversion of a nonresidential structure to a residential use, in any zoning district, subject to the provisions of §§ 164-46J(53) and § 164-46J(145) and not to exceed four dwelling units within one structure.
(h) 
Eating and drinking places but excluding drive-in restaurants and fast food restaurants.
(i) 
Repair services including small scale uses such as small appliances, watches, household furnishings, shoes, bicycles, locks, but shall not include automobile, truck, motorcycle, or lawnmower repair, and shall be limited to one employee per 500 square feet of gross leasable floor area devoted to this repair service use, up to a maximum of 1,500 square feet.
(j) 
Conference center as a principal use in Class 1 historic resources only, where located on tracts exceeding 10 acres and subject to the provisions of §§ 164-46J(53) and 164-46J(138)(g).
(k) 
Customary accessory uses to any permitted principal use.
(l) 
Institutions of higher learning, public libraries, museums, state-accredited private schools of 5,000 square feet or less of gross leasable area.
(m) 
A combination of two or more of the above uses in the same structure.
(2) 
Modification to the Table of Bulk Requirements. The Planning Board, through the granting of a special use permit, is authorized to approve requested modifications to applicable lot area, lot width, or yard requirements or any other applicable area and bulk requirements or design standards otherwise applicable in the zoning district for plans affecting Class 1 historic resources, in accordance with the provisions of § 164-46J of the Zoning Law and the requirements and procedures for special use permit approval of this section. In all cases, such modifications may be permitted to reduce otherwise applicable requirements to the minimum degree necessary to accommodate proposed plans, and to allow for the preservation and rehabilitation and/or reuse of the historic resource. For residential lots, where a historic resource exists on a site that is to be subdivided or developed, there shall be included a lot area of sufficient size to preserve those portions and features of the historic resource which are historically and architecturally significant.
(3) 
Requirements for special use permit approval. In addition to the special use permit standards and provisions set forth in this § 164-43.3 and in § 164-46J, the following requirements shall apply where additional use opportunities and/or modification to applicable area and bulk regulations for historic resources are permitted:
(a) 
The modification shall have the effect of encouraging the continued protection or reuse of the historic resource.
(b) 
The approval of the special use permit is deemed by the Planning Board to be necessary for the preservation of the historic resource.
(c) 
The approval of the special use permit is deemed by the Planning Board to have no significant adverse impact on adjoining properties, as determined through the SEQR review process.
(d) 
Where plans involving historic resources under this § 164-43.3 result in all or portions of any such resource remaining unoccupied, the Town of Warwick may require that such unoccupied resource shall be tightly sealed and barred off in a manner not jeopardizing historical integrity, and the utilities turned off for safety.
(e) 
In granting special use permit approval in accordance with this § 164-43.3, the Planning Board shall be satisfied that adequate water supply and sewage disposal can be provided for all permitted uses.
(f) 
In granting a special use permit approval in accordance with this § 164-43.3, the Planning Board may require as a condition of approval the establishment of a facade easement, conservation easement, historic conservation easement, or other means to guarantee permanent protection of the historical integrity of the subject resource.
(g) 
Except where clearly detrimental to the historical integrity and where public health, safety, and welfare are otherwise adequately provided for, all other applicable standards contained in this Zoning Law shall be complied with, including, but not limited to, requirements for buffering, landscaping, lighting, storage, loading, parking, noise, and signage.
(h) 
The Architectural Review Board, in consultation with the Town Historian/Deputy Town Historian, shall review all requests for special use permit approval regarding historic resources related to requested area and bulk modifications and evaluate whether the requested modifications are necessary for the preservation, and are compatible with maintaining the historical integrity of the historic resource. Recommendations shall be in a written report to the Planning Board in accordance with Chapter 5, § 5-6 of the Town Code.
(i) 
Plans involving any rehabilitation, alteration, or enlargement of a designated historic resource proposed as part of the special use permit application shall use as a guideline the Secretary of the Interior's Standards for Rehabilitation of Historic Properties, as follows. Such plans shall be reviewed by the Architectural Review Board in consultation with the Town Historian/Deputy Town Historian, which shall submit a written review to the Planning Board, and the plans submitted shall be in sufficient detail to allow a determination of their compliance with the standards below. In approving the special use permit, the Planning Board may set reasonable conditions requiring compliance with the Secretary of the Interior's Standards for Rehabilitation, as applicable.
[1] 
A property shall be used for its historic purpose or be placed in a new use that requires minimal change to the defining characteristics of the building and its site and environment.
[a] 
The historic character of a property shall be retained and preserved. The removal of historic materials or alteration of features and spaces that characterize a property shall be avoided.
[b] 
Each property shall be recognized as a physical record of its time, place and use. Changes that create a false sense of historical development, such as adding conjectural features or architectural elements from other buildings, shall not be undertaken.
[c] 
Most properties change over time; those changes that have acquired historic significance in their own right shall be retained and preserved.
[d] 
Distinctive features, finishes and construction techniques or examples of craftsmanship that characterize an historic property shall be preserved.
[e] 
Deteriorated historic features shall be repaired rather than replaced. Where the severity of deterioration requires replacement of a distinctive feature, the new feature shall match the old in design, color, texture, materials, and other visual qualities to the greatest extent practicable and, where possible, shall be substantiated by documentary physical or pictorial evidence.
[f] 
Chemical or physical treatments, such as sandblasting, that can cause damage to historic materials, shall not be used. The surface cleaning of structures, if appropriate, shall be undertaken using the gentlest means possible.
[g] 
Significant archeological resources affected by a project shall be protected and preserved. If such resources must be disturbed, mitigation measures shall be undertaken in consultation with the New York State Office of Parks Recreation and Historic Preservation or other similar historic preservation authority.
[h] 
New additions, exterior alterations, or related new construction shall not destroy historic materials that characterize the property. The new work shall be differentiated from the old and shall be compatible with the massing, size, scale and architectural features to protect the historic integrity of the property and its environment.
[i] 
New additions and adjacent or related new construction shall be undertaken in such a manner that if removed in the future, the essential form and integrity of the historic property and its environment would be unimpaired.
(4) 
Application procedures for special use permit approval regarding Class 1 Historic Resources:
(a) 
An applicant seeking special use permit approval regarding a historic resource shall submit the appropriate application to the Town Planning Department pursuant to § 164-46C. The application shall include, in addition to that which is required under § 164-46C, where relevant, the following:
[1] 
A detailed depiction of the proposed use(s).
[2] 
Any physical changes proposed for the affected historic resources(s) and their surrounding context.
[3] 
Any proposed modifications to the otherwise applicable area and bulk regulations.
(b) 
Upon receipt by the Planning Department, the complete application shall be forwarded to the Architectural Review Board in consultation with the Town Historian/Deputy Town Historian and Planning Board. Upon receipt of a complete application by the Planning Board, the Architectural Review Board and Planning Board shall, at a regular or special meeting, review the application for special use permit approval prior to the required public hearing. The applicant will be notified of such meetings at least 10 days prior to the scheduled dates and shall have the opportunity to present reasons for filing the application. In reviewing the application the following shall be considered as well as the requirements of this section.
[1] 
In reviewing the application, the Architectural Review Board shall consider:
[a] 
Regarding proposed requested modification of area and bulk, the Architectural Review Board shall evaluate whether the proposed modifications are necessary to preserve the affected historic resources(s).
[b] 
Where the application involves physical changes to historic resources and/or the surrounding context, the Architectural Review Board shall review the proposed changes and make recommendations as to their appropriateness.
[2] 
The Planning Board shall review the application under the State Environmental Quality Review Act, assuming that it has been duly designated lead agency for purposes of such SEQR review.
(c) 
Recommendations, if any, of the Architectural Review Board shall be in a written report to the Planning Board and shall include any suggestions for specific changes to proposed plans. If no recommendation is submitted to the Planning Board by the date of the public hearing to consider the application, then it shall be considered that the Architectural Review Board recommends approval of the application.
(d) 
The Planning Board, after review by the Town Historian, shall act on the special use permit application in accordance with the provisions of § 164-46 of the Zoning Law.
D. 
Demolition of Class 1 Historic Resources.
(1) 
No Class 1 Designated Historic Resource shall be demolished, in whole or in part, whether deliberately or by neglect, including removal or stripping of any historically or architecturally significant exterior or interior features, unless a permit is obtained from the Code Enforcement Officer in accordance with the requirements of this § 164-43.3 and other applicable standards and procedures of the Town of Warwick Building and Fire Codes. Temporary removal of architectural features or structural members for purposes of maintenance, repair or restoration shall not constitute demolition.
(2) 
Demolition by neglect.
(a) 
No Class 1 Designated Historic Resource shall be demolished by neglect as defined herein.
(b) 
Demolition by neglect shall not be used as an automatic excuse by the applicant as justification for an active demolition application.
(c) 
Demolition by neglect does not apply to ruins, such as partially roofed structures, wall remains, remaining foundations, or other structures which are clearly in ruins and missing a substantial portion of the structural mass, existing at the time of adoption of this section creating this § 164-43.3 or permitted to remain as ruins pursuant to this section.
(d) 
These regulations are meant to protect historic resources from parties who by ordinary negligence or willful neglect allow those resources, which are in usable condition on a property at the time of adoption of this section creating this § 164-43.3, or at the time a new owner purchases a property, to deteriorate or become unusable and a liability to the point of needing to be demolished for safety reasons. An example of this would be a party purchasing a property containing a historic resource listed on the Town Historic Resource Inventory in usable condition and/or previously being used prior to the sale of the property, and, in order to avoid having to undergo the historic review process, as outlined in this section, said party allows that historic resource to become so deteriorated that the resource would qualify immediately for a demolition permit due to the unsafe or hazardous condition of the resource.
(3) 
The structural integrity of both occupied and unoccupied Class 1 Historic Resources should be achieved through proper maintenance of all structural, architectural and other critical elements.
(4) 
Application requirements for demolition of Class 1 Historic Resources.
(a) 
The applicant for demolition of a designated historic resource shall submit to the Town Building Department an application for a demolition permit. All applications for demolition shall be reviewed against the Historic Resource Inventory and in consultation with the Town Historian/Deputy Town Historian. If the application concerns the demolition of a Class 1 Designated Historic Resource, the Code Enforcement Officer shall be directed not to issue the permit and shall inform the applicant to comply with the following procedures and requirements of this section, as applicable.
(b) 
In addition to the applicable requirements under Chapter 82 of the Town Code, the Town Fire Prevention and Building Code, any applicant seeking a permit to demolish a designated historic resource shall submit the following information regarding that resource:
[1] 
Owner of record.
[2] 
Classification of historic resource on the Designated Historic Resource Inventory.
[3] 
Recent photographs of the resource proposed for demolition.
[4] 
A site plan showing all buildings and structures on the property.
[5] 
Reasons for demolition.
[6] 
Method of demolition.
[7] 
Proposed use for the site, timeline for implementation of proposed use for the site, and proposed disposition of materials from the demolished site.
[8] 
Alternatives which the applicant has considered prior to demolition.
(5) 
Review process for demolition permits.
(a) 
The Code Enforcement Officer shall notify the Architectural Review Board and the Town Historian/Deputy Town Historian of the application for demolition upon acceptance of a properly completed application, including the necessary filing fee, and shall forward such application to the Planning Board within 10 days of receipt.
(b) 
Within 35 days of receipt of a complete application for demolition from the Code Enforcement Officer, at its next regular meeting or a special meeting, the Architectural Review Board after consultation with the Town Historian/Deputy Town Historian shall review the application for demolition. The applicant will be notified of the meeting and encouraged to present evidence or testimony pertaining to the demolition. In reviewing the application, the Architectural Review Board shall take into account the following:
[1] 
The effect of demolition on the historical significance and architectural integrity of the historic resource in question and neighboring historic resources, and on the historic character of the neighborhood, district or vicinity in which the resource is located.
[2] 
Economic feasibility of continuing the existing use or of adaptively reusing the resource proposed for demolition.
[3] 
Alternatives to demolition of the resource.
[4] 
Whether the applicant has demonstrated that he or she has considered alternatives to demolition.
[5] 
Whether the retention of the resource would represent an unreasonable economic hardship.
[6] 
Whether the resource has been intentionally neglected.
(c) 
Recommendations of the Architectural Review Board. The Architectural Review Board after consultation with the Town Historian/Deputy Town Historian shall make its written recommendation to the Planning Board either recommending approval of the demolition application as submitted, recommending approval of the application with conditions, or alternatively, the Architectural Review Board may recommend to use the following time period to provide adequate opportunity for documentation of the resources as set forth below, for the applicant to prepare a financial analysis as set forth below, and/or to engage in discussion about alternatives to demolition with the applicant. The Architectural Review Board shall make every effort to communicate to the applicant the historical significance of the historic resource, its significance to the Town, and alternatives to its demolition.
[1] 
Class 1 historic resources. A period not to exceed 95 days.
(d) 
Approval of the Planning Board. Within 35 days of receiving the recommendation from the Architectural Review Board, the Planning Board shall consider the application at a public meeting, together with the recommendations from the Architectural Review Board, and vote either to approve the application as submitted, approve the application with changes, or defer their decision affording a delay of demolition for up to the periods specified above. The applicant shall be notified at least 10 days prior to the date of the public meeting, and shall have the opportunity to present reasons for filing the application. Within five days of making its decision, the Planning Board shall provide written communication of its decision to the applicant, the Architectural Review Board, and the Code Enforcement Officer.
(e) 
Issuance of a demolition permit. Where the Planning Board acts to approve the application, it shall authorize the Code Enforcement Officer to issue the permit. Where the approval is authorized to be granted with conditions, the Code Enforcement Officer shall be authorized to issue a permit upon receipt from the applicant of written acceptance of those conditions.
[1] 
Documentation. Prior to the issuance of a demolition permit, the applicant may be required at the discretion of the Planning Board to provide documentation of the Class 1 Historic Resource proposed for demolition. Such documentation may include:
[a] 
Historical data, survey information, and other data provided by local, state, and federal historic preservation organizations and other agencies.
[b] 
Photographs. A complete photographic survey of the building interior and exterior.
[c] 
Floor plans.
[d] 
Measured drawings.
[e] 
Archaeological survey, if appropriate.
[f] 
Other available comparable documentation.
[2] 
Financial analysis. In cases where there is claim that demolition of a Class 1 Historic Resource is necessary due to financial hardship or the lack of an economically reasonable alternative for reuse, the applicant may be required, at the discretion of the Planning Board, during the period of the delay of demolition, to prepare a financial analysis, which may include any or all of the following information:
[a] 
Amount paid for the property, date of purchase and party from whom purchased.
[b] 
Assessed value of the land and improvements thereon, according to the most recent assessment.
[c] 
For depreciable properties, a pro forma financial statement prepared by an accountant or broker of record.
[d] 
All appraisals obtained by the owner in connection with the purchase or financing of the property, or during ownership of the property.
[e] 
Bona fide offers of the property for sale or rent, price asked, and offers received, if any.
[f] 
Any consideration by the owner as to profitable, adaptive uses for the property, and any other practical uses, as well as incentives which could be offered by the Town to preserve the historic resource and any input from preservation organizations.
[g] 
Where relevant, written estimates of the cost of rehabilitation from a professional restoration contractor.
(f) 
Final recommendation on demolition by the Architectural Review Board. Prior to or at the end of the expiration of the ninety-five or sixty-five-day review period, the Architectural Review Board may recommend approval of the demolition permit or where the Architectural Review Board does not believe that the applicant has proven hardship, may recommend denial of the application. In such cases, the Architectural Review Board shall make a written report to the Planning Board setting forth reasons for its recommendation and the evidence considered.
(g) 
Final decision on demolition by the Planning Board. The Planning Board shall act upon the application for demolition within or at the ninety-five or sixty-five-day review period, whether or not it receives a recommendation from the Architectural Review Board, and shall vote either to approve the application, to approve the application with changes, or to deny the application. Within 14 days of making its decision, the Planning Board shall provide written communication to the applicant, Architectural Review Board, and Code Enforcement Officer.
(h) 
Any costs incurred by the Architectural Review Board, as agreed to by the applicant, to review plans or studies submitted by the Architectural Review Board's consultant specifically retained for this purpose, shall be reimbursed to the Town by the applicant in accordance with Chapter 75 of the Town Code.
E. 
Enforcement. Any person who demolishes a Class 1 Designated Historic Resource in violation of the provisions contained herein shall be subject to the Penalties for offenses imposed in § 164-54 of the Zoning Law.
(1) 
The Code Enforcement Officer shall withhold issuing a building permit for a property that, at the date of enactment creating this section, was occupied by a Class 1 Designated Historic Resource that was subsequently demolished in violation of this Zoning Law, until the appropriate review is completed.
(2) 
In addition to the above remedies, the Town Board may take other appropriate legal action, which may include equitable and injunctive relief, to enforce the provisions of this section.
(3) 
Appeals to this process shall be made in accordance with Article 78 of the New York State Civil Practice Law and Rules.
F. 
Town of Warwick designated historic resource inventory.
(1) 
Class 1 historic resources:
(a) 
Jeremiah Morehouse House, 11 Hathorn Road, Warwick, NY 10990. Coordinates: 41° 14' 42" N | 74° 22' 08" W.
(b) 
General John Hathorn Stone House, Hathorn Road, Warwick, NY 10990. Coordinates: 41° 14' 48" N | 72° 22' 16" W.
(c) 
The Boulders AKA Homer A. Norris House, 99 Shore Avenue, Greenwood Lake, NY 10925. Coordinates: 41° 11' 18" N | 74° 18' 46" W.
(2) 
Class 2 Historic Resources: Buildings, structures, or sites listed in Appendix B of the Town of Warwick Comprehensive Plan, adopted August 19, 1999, and as amended from time to time.
[Amended 1-24-2002 by L.L. No. 2-2002; 10-24-2002 by L.L. No. 6-2002; 2-18-2010 by L.L. No. 1-2010]
A. 
Purpose. The purpose of this section is to provide standards for outdoor lighting, to encourage lighting that conserves energy and resources while providing safety, utility and security; to maintain and protect the scenic and aesthetic character of the Town; to minimize glare; to protect the privacy of residences; to ensure that development fits into its natural and rural surroundings; to reduce atmospheric light pollution; to avoid impacts on nearby residential properties; and to enhance the Town's nighttime character.
B. 
Definitions. The following definitions apply to terms used in this section:
FOOTCANDLE (FC)
A unit of illuminance amounting to one lumen per square foot.
FULLY SHIELDED FIXTURE
An outdoor lighting fixture that, by design of the housing, does not allow any light dispersion or direct glare to shine above a ninety-degree, horizontal plane from the base of the fixture. Fully shielded fixtures must be installed in a horizontal position as designed, or the purpose of the design is defeated, and direct glare will result.
GLARE
The eye's line-of-sight contact with a direct light source that causes annoyance, discomfort, or loss in visual performance and ability.
HEIGHT OF THE LUMINAIRE
The height of the luminaire shall be the vertical distance from the ground directly below the center line of the luminaire to the lowest direct-light-emitting part of the luminaire.
ILLUMINANCE
Density of luminous flux incident on a surface. Unit is footcandle or lux.
LIGHT TRESPASS
Light from an artificial light source that intrudes into an area where it is not wanted or does not belong. Light trespass includes glare from direct light as well as unwanted spill light.
LUMINAIRE
A complete lighting unit consisting of one or more lamps (light sources), together with the parts designed to control the light disturbance and other mechanical and electrical components.
LUX
One lumen per square meter; unit of illuminance.
OUTDOOR LIGHTING
The nighttime illumination of an outside area or object by any man-made device located outdoors that produces light by any means.
OUTDOOR LIGHTING FIXTURE
An electrically powered illuminating device or other outdoor lighting fixture, including all parts used to distribute the light and/or protect the lamp, permanently installed or portable, used for illumination or advertisement. Such devices shall include, but are not limited to, search, spot, flood, and area lighting for buildings and structures; recreational areas; parking lot lighting; landscape lighting; signs (advertising and other); street lighting; product display area lighting; building overhangs, and open canopies.
RECESSED CANOPY FIXTURE
An outdoor lighting fixture recessed into a canopy ceiling so that the bottom of the fixture is flush with the ceiling.
UPLIGHTING
Any light source that distributes illumination above a ninety-degree horizontal plane.
WALLPACK FIXTURES
A lighting unit designed for direct mounting on building walls whose primary function is to light building exteriors.
C. 
Submission of plans and outdoor lighting compliance.
(1) 
An applicant for any work involving outdoor lighting fixtures that requires site plan approval shall submit, as part of the application, evidence that the proposed work shall comply with this section. In addition, the applicant for any work involving outdoor lighting fixtures governed by this section occurring in areas of the Town covered by the Ridgeline Overlay District shall submit, as part of the application for a building permit, evidence that the proposed work will comply with this section. The submission shall contain the following:
(a) 
Plans indicating the location, height, orientation, type of illuminating device, and wattage of each outdoor lighting fixture;
(b) 
Description of the illuminating fixtures, lamps, supports, reflectors, and other devices, including, but not limited to, catalog cuts by manufacturers and drawings (including sections where required), glare reduction/control devices, on-off cycle control devices, and mounting devices;
(c) 
Location and use of adjacent properties;
(d) 
Nearby properties that may be affected by the proposed lighting plan;
(e) 
Photometric data, such as that furnished by manufacturers, or similar showing the angle of cutoff or light emissions;
(f) 
Additional information that the Planning Board or Building Inspector determines is necessary, including, but not limited to, an iso-lux plan indicating levels of illumination in footcandles, at ground level, and a statement of the proposed hours and days of the week when the luminaries will be on and when they will be extinguished.
(2) 
Lamp or fixture substitution. Should any outdoor lighting fixture or the type of light source therein be changed to a greater intensity after a lighting permit has been issued or the site plan approved, a change request must be submitted to the Building Inspector for revised approval. The Building Inspector, in consultation with the Town Engineer and Town Planner, shall review the change request to assure compliance with this section. If the change request is not substantial, the Building Inspector may approve it. If the change request is substantial, the Building Inspector shall forward such request to the Planning Board for an amended approval, which must be received prior to substitution.
D. 
Approved materials and methods of construction or installation/operation. The provisions of this section are not intended to prevent the use of any design, material, or methods of installation or operation not specifically prescribed by this section, provided any such alternate has been approved. The Planning Board or Building Inspector may approve such proposed alternative provided it:
(1) 
Provides at least approximate equivalence to the applicable specific requirement of this section; and
(2) 
Is otherwise satisfactory and complies with the purpose of this section.
E. 
General requirements: all zoning districts.
(1) 
General standards. All outdoor lights and externally illuminated signs shall be designed, located, installed, and directed in such manner as to prevent objectionable light at and across the property lines, and to prevent direct glare at any location on or off the property. The Town encourages, and in some cases requires, that the minimum lighting levels be used to attain efficient and effective use of outdoor lighting. The latest recommended levels for outdoor lighting set by the Illuminating Engineering Society of North America (IES) shall be observed. See sign regulations in § 164-43.1 for additional requirements.
(2) 
Prohibitions.
(a) 
Uplighting that is unshielded is prohibited. Externally lit signs, displays, buildings, structures, streets, parking areas, recreational areas, landscaping, and other objects lit for aesthetic or other purposes shall be illuminated only with steady, stationary, fully shielded light sources without causing glare or light trespass beyond the property line.
[Amended 6-11-2015 by L.L. No. 2-2015]
(b) 
Roof-mounted area lighting is prohibited.
(c) 
The use of laser lighting for outdoor advertising or entertainment and the operation of search lights for advertising purposes are prohibited.
(d) 
The use of mercury vapor lamps is prohibited.
(e) 
Unshielded wallpack-type fixtures are prohibited.
(3) 
Shielding. All outdoor fixtures, with the exception of those using lamps not requiring shielding cited in Subsection F, shall be fully shielded using full cutoff light fixtures and installed in such a way that no light is emitted above a horizontal plane running through the lowest part of the fixture. The lighting shall also be shielded to prevent direct glare and/or light trespass and shall be, as much as physically practical, contained to the target area. All light fixtures that are required to be fully shielded shall be installed and maintained so that the shielding is effective as described in the definition of a fully shielded fixture in this section of the Zoning Law. Floodlighting is discouraged and, if used, must be shielded to prevent direct glare for drivers and pedestrians; light trespass beyond the property line; light above a ninety-degree, horizontal plane.
(4) 
Light trespass. Light trespass from a property shall be designed not to exceed 0.25 footcandle at the property line. An exception may be made for a nonresidential use in a nonresidential zoning district where light trespass may be allowed up to 3.6 footcandles onto an adjoining property, provided such adjoining property is also a nonresidential use in a nonresidential zoning district. Light trespass onto a public right-of-way shall not exceed the requirements for roadway lighting found in § 164-43.4G. Adjacent to residential property, no direct light source shall be visible at the property line at ground level or above. Mitigation to avoid or minimize light trespass may include landscaping and berming.
[Amended 6-11-2015 by L.L. No. 2-2015]
(5) 
Height. Unless specified elsewhere herein and except for recreational facilities, such as baseball and other field sports, the maximum allowable height of a freestanding luminaire shall be 16 feet above the average finished grade. The maximum allowable height of a building- or structure-mounted luminaire shall be 35 feet.
(6) 
Spacing. Space between fixtures should be approximately four times the height or as determined by the Planning Board.
(7) 
Time controls. All nonessential lighting shall be turned off after business hours, leaving only the necessary lighting for site security, which shall be reduced to the minimum level necessary. Nonessential can apply to display, aesthetic, parking and sign lighting. Motion-sensor security lighting is recommended to promote safety and reduce the amount of night lighting in the Town as determined by the Planning Board.
(8) 
Auto/truck filling stations. Island canopy ceiling fixtures shall be recessed so that the bottom of the fixture is flush with the ceiling.
(9) 
Recreational facilities, public or private. Lighting for outdoor recreational facilities shall be fully shielded, as defined in this section.
F. 
Table of Shielding Requirements.
Fixture Lamp Type
Shielded
Low-/High-pressure sodium, metal halide, quartz, and fluorescent over 50 watts
Fully
Incandescent
Greater than 160 watts
Fully
160 watts or less, except for floodlighting [See Section 164-43.4.E(3)]
None
Any light source of 50 watts or less
None
Fossil fuel
None
Other sources
As approved by § 164-43.4C
G. 
Illuminance and Uniformity. Light levels shall be designed not to exceed the latest recommended levels for outdoor lighting set by the Illuminating Engineering Society of North America (IES) for the type of activity/area being lighted, except light levels for ATM machines shall be in accordance with the New York State ATM Safety Act. Where no standard is available from IES, the applicable standard shall be determined taking into account the levels for the closest IES activity. The uniformity ratio (average to minimum) shall not exceed 3:1 for parking and traffic areas, nor 4:1 for pedestrian areas. Maximum to average light levels shall be kept within a 6:1 ratio. Design should establish a hierarchy of lighting to assure a smooth transition from bright areas to those with subdued lighting. Light levels shall be maintained at design levels with lamp or luminaire replacement as needed. Lighting in conformance with this section is required for all parking lots having five or more cars. The following current IES recommendations are to be observed, followed by a table presenting recommended outdoor lighting types:
Roadway Lighting, If Provided
Type of Road
Average Maintained Illuminance
(FC)
Uniformity Ratio
(average to minimum)
Major road
0.6 - 1.6
3:1
Collector road
0.4 - 1.1
4:1
Local road
0.3 - 0.8
6:1
Parking Lots
Horizontal Illuminance
(FC)
Level of Activity
Average
Minimum
Uniformity Ratio
High:
3.6
0.9
4:1
Automotive dealerships
Entertainment theaters
Medium:
2.4
0.6
4:1
Community shopping areas
Cultural, civic, or recreational events
Office parking
Residential parking
Low:
0.8
0.2
4:1
Neighborhood shopping with > 5,000 square feet
Industrial employee parking
Educational facility parking
Recreational facilities
Church parking
Wherever there is a requirement to maintain security at any time in areas where there is a low level of nighttime activity
Other Outdoor Lighting Levels
Building Exteriors
Footcandles
Entrances
Active (pedestrian and/or conveyance)
5
Inactive (normally locked, infrequently used)
1
Service stations
Approach
1.5
Driveway
1.5
Pump island
5
Service areas
2
Retail outdoor lighting
5
Auto sales lots
5
Recommended Outdoor Lighting Types
Lighting Type
Color
Recommended Uses
Comments
Incandescent
Full spectrum, white light
Infrequently used lighting, occupant sensor-activated lighting
Most common but most energy-inefficient of common lamp types
Fluorescent
Clear white light
Residential lighting, walkways, building entrances
Excellent color rendition, energy efficient, and inexpensive
Sodium
High-pressure
Yellowish cast
Sports fields, parking, roadways
Recommended only where light distribution is valued more than appearance; can negatively affect vegetation
Low-pressure
Monochromatic
Roadways, walkways, parking, security lighting
One of the most energy-efficient but recommended only where color rendering is not important
Light-emitting diodes (LED)
Variable, especially when digitally controlled
Area, architectural, walkway, landscaping and floodlighting
The emerging technology for LED lighting is eventually expected to eclipse traditional lighting due to long life, broad application and highest energy efficiency
H. 
Exemptions. The following uses shall be exempt from the provisions of this section:
(1) 
Roadway and airport lighting and lighting activated by motion-sensor devices.
(2) 
Temporary circus, fair, carnival, religious, historic, or civic use.
(3) 
Construction or emergency lighting, provided such lighting is temporary and is discontinued immediately upon completion of the construction work or abatement of the emergency necessitating said lighting.
(4) 
Temporary lighting, including holiday lighting for no more than two months per year.
(5) 
Lighting associated with agricultural pursuits, including harvest activities, unless such lighting is permanent and/or creates a safety hazard.
(6) 
Lighting, preferably low voltage, that is considered a landscape or building design element and is integral to the aesthetic value of the design, as determined by the Planning Board or Building Inspector.
(7) 
All outdoor light fixtures producing light directly by the combustion of natural gas or other fossil fuels.
(8) 
Outdoor light fixtures installed on, and in connection with, those facilities and land owned or operated by the federal government, the State of New York, the County of Orange, or any department, division, agency or instrumentality thereof. Voluntary compliance with the intent of this section at those facilities is encouraged.
I. 
Nonconforming outdoor lighting. All outdoor lighting fixtures shall be brought into compliance with the provisions of this section within three years from date of adoption of Local Law No. 1 of 2010. No replacement or installation of new luminaires, including lamps, shall be permitted unless in conformance with this section. Nonconforming outdoor lighting that is the subject of subdivision, special use permit and/or site plan applications, certificates of occupancy, no-violation letters, or other permit, approval, entitlement, or authorization from the Town of Warwick shall comply with the terms and conditions of this section. (§ 164-43.4).
J. 
Enforcement and inspections. The Town of Warwick Code Enforcement Officer is responsible for conducting postinstallation nighttime inspection to verify compliance with the provisions of this section and, if appropriate, to require remedial action.
K. 
Maintenance. Lighting fixtures shall be maintained so that they always meet the requirements of this section.
A. 
Authorization. In any district where a dwelling exists, a home occupation, as defined in § 164-22, may be established in conformance with the following use limitations:
[Amended 10-24-2002 by L.L. No. 6-2002]
(1) 
A home occupation may only be conducted within a dwelling which is a bona fide residence of the owner, lessee or other persons who have a legal right to occupy or reside in the dwelling or in an accessory building thereto which is normally associated with the residential use. For purposes of this chapter, a home occupation occurring fully within the dwelling shall be considered a Class 1 home occupation. Those home occupations occurring wholly or partially in an accessory building or home occupations which exceed the thresholds identified in § 164-43.5A(10) shall be considered Class 2 home occupations which may only be authorized by a special use permit in accordance with § 164-46.
(2) 
Not more than two such home occupations, whether Class 1 or Class 2, shall occur on a single residential premises.
(3) 
Class 1 home occupations shall not occupy more than 500 square feet of the total floor area or 25% of the total floor area of the dwelling on the premises, whichever shall be the more restrictive. This floor area requirement refers only to heated and habitable rooms within the dwelling unit. This maximum floor area percentage shall not apply to a home occupation operated entirely within an accessory structure, which are Class 2 home occupations subject to issuance of a special use permit. Class 2 home occupations shall not occupy more than 25% of the total floor area of the dwelling and accessory structure used in the home occupation.
(4) 
Except for articles produced on the premises and other articles customarily associated with the product made or the service provided on the premises, such as antiques or gunsmithing, no stock-in-trade shall be displayed or sold on the premises nor shall any item be available for rental.
(5) 
No alteration to the exterior of the principal residential building or accessory building used for the home occupation activity shall be made which changes the character thereof as a residential premises, except that a single sign, not exceeding two square feet in area shall be permitted, subject to all other applicable sign regulations of this chapter. Any new construction undertaken to accommodate the home occupation activity shall also be wholly consistent with the character of a residential premises.
(6) 
There shall be no outdoor display of goods, outdoor storage of materials, or outdoor storage of equipment used in conjunction with a home occupation.
(7) 
Not more than one person, outside the members of the household occupying the dwelling, shall be employed on the residential premises in the conduct of the home occupation. Off-street parking shall be provided for the additional employed person and shall conform to all applicable regulations of § 164-43.2. Any use requiring, in accordance with § 164-43.2, more than three off-street parking spaces shall be deemed a Class 2 home occupation under this chapter.
(8) 
A use permit, to be issued by the Town Building Inspector, shall be required for all home occupations.
(9) 
In no case shall a home occupation be open to the public at times earlier than 8:00 a.m. nor later than 8:00 p.m.
(10) 
Classification of home occupations.
(a) 
Class 1 home occupations shall be compatible with the residential use of the property and the neighborhood and shall not be classified as a Class 2 home occupation requiring a special use permit, provided that:
[1] 
The volume of invitees or guests who visit the home occupation premises is less than six per day; and
[2] 
The volume of deliveries or truck traffic is less than an average of one per day; and
[3] 
The home occupation requires three or more parking spaces in addition to those required under § 164-43.2A(2)(a).
(b) 
If any threshold in Subsection A(10)(a)[1] or [2] or [3] above is reached, the Class 1 home occupation shall be classified as a Class 2 home occupation requiring the issuance of a special use permit from the Planning Board.
(11) 
The following uses are specifically prohibited from consideration as permitted home occupations under this chapter, because of parking requirements and other issues of land use compatibility. Uses that have been identified with a "*" or uses that do not exceed the thresholds provided, may be permitted as Class 2 home occupations, subject to the special use permit requirements of § 164-46.
(a) 
Ambulance, limousine, taxi, or similar service with any employees or more than one vehicle used in the home occupation.*
(b) 
Automobile-related businesses, including repair, painting, parts, sales, upholstery, detailing, or washing services.
(c) 
Bed-and-breakfast establishments with more than three bedrooms for rent.*
(d) 
Churches and other places of public assembly accommodating more than 50 persons.
(e) 
Commercial stables, kennels, or animal hospitals.
(f) 
Construction companies, building contractors, home builders, or general contractors with any employees or more than one vehicle used in the business.*
(g) 
Convalescent homes or clinics.
(h) 
Dancing, art, martial arts, and similar group instruction activity when serving more than six students per day.*
(i) 
Family day-care centers exceeding the requirements of the New York Codes of Rules and Regulations.*
(j) 
Landscape contractors with any employees or more than one vehicle used in the landscape business.*
(k) 
Mortuary establishments.
(l) 
Motor boat sales and/or service.
(m) 
Personal service establishments, licensed by the NY State Education Department, serving more than one customer at a time.
(n) 
Restaurants, taverns, and tea rooms.
(o) 
Tourist homes with more than three bedrooms for rent.
(12) 
The special use permit granted for a Class 2 home occupation shall expire when the occupation changes or the property is sold.
Removal of trees and topsoil, grading, excavation, mining and exploratory and production drilling shall be regulated in accordance with Chapter 150, Tree and Topsoil Removal; Grading and Excavating.
The following provisions shall apply to all buildings and uses legally existing on the effective date of this chapter (which buildings and uses do not conform to the requirements set forth in this chapter), to all buildings and uses that become nonconforming by reason of any subsequent amendment to this chapter and the Zoning Map which is a part thereof and to all conforming buildings housing nonconforming uses.
A. 
Regulations.
(1) 
Any nonconforming use may be continued indefinitely, but:
(a) 
Alterations. Shall not be enlarged, extended, reconstructed, restored [except in accordance with § 164-45B(3) herein] or placed on a different portion of the lot or parcel of land occupied by such uses on the effective date of this chapter, nor shall any external evidence of such use be increased by any means whatsoever, except that the Planning Board may permit an expansion not to exceed 15% of the existing ground area of said nonconforming use, provided that the most restrictive bulk requirements specified in the district in which said nonconforming use is located shall apply to any such extension.
(b) 
Displacement. No nonconforming use shall be extended to displace a conforming use.
(c) 
Changes. Shall not be changed to another nonconforming use without a special permit from the Board of Appeals, and then only to a use which, in the opinion of said Board, is of the same or a more restrictive nature. Such changes shall conform, to the extent practical, to current design standards and are also subject to site plan approval by the Planning Board.
(d) 
Discontinuance. Shall not be reestablished if such use has been discontinued for any reason for a period of one year or more or has been changed to or replaced by a conforming use. Intent to resume a nonconforming use shall not confer the right to do so.
(2) 
District changing. Whenever the boundaries of the district shall be changed so as to transfer an area from one district to another district of a different classification, the foregoing provisions shall also apply to any nonconforming uses existing therein.
B. 
Alterations. Except as provided in Subsection D below, no nonconforming building or a building which houses a nonconforming use shall be:
(1) 
Altered. Structurally altered or enlarged, except that the Planning Board may permit an expansion not to exceed 15% of the existing ground floor area of said nonconforming building, provided that the most restrictive bulk requirements shall apply to any such extension;
(2) 
Removed. Moved to another location where such use would be nonconforming; or
(3) 
Restored after damage. Restored for other than a conforming use after damage of less than 50% from any cause, unless the nonconforming use is reinstated within one year of such damage; if the restoration of such building is not completed within said one-year period, the nonconforming use of such building shall be deemed to have been discontinued, unless such nonconforming use is carried on without interruption in the undamaged portion of such building.
C. 
Restoration. No building damaged by fire or other causes to the extent of more than 50% of its assessed value shall be repaired or rebuilt except in conformity with the regulations of this chapter. Residential buildings are exempt, but shall comply with current design standards and bulk requirements to the greatest extent practical.
D. 
Nonconformity in areas other than structure or use. Normal maintenance and repair, structural alteration in and moving, reconstruction or enlargement of a building which does not house a nonconforming use, but is nonconforming as to the district regulations for lot area, lot width, lot depth, front yard, side yard, rear yard, minimum height, maximum lot coverage or minimum livable floor area per dwelling is permitted if the same does not increase the degree of or create any new nonconformity.
E. 
Normal maintenance. Nothing in this chapter shall be deemed to prevent normal maintenance and repair of any building or the carrying out, upon the issuance of a building permit, of major structural alterations or demolitions necessary in the interest of public safety. In granting such a permit, the Building Inspector shall state the precise reason why such alterations were deemed necessary.
F. 
Cessation. Each of the nonconforming uses specified below is deemed sufficiently objectionable, undesirable and out of character in the district in which such use is located as to depreciate the value of other property and uses permitted in the district and blight the proper and orderly development and general welfare of such district and the Town to the point that each of such nonconforming uses shall be terminated on or before the expiration of the specified period of time after the effective date of this chapter, which period of time is specified for the purpose of permitting the amortization of the remaining value, if any, of such use:
(1) 
In any district, any nonconforming use of open land, including such uses as parking lot, junkyard, fuel tank or open storage yard for materials or equipment may be continued for three years after the effective date of this chapter, provided that after the expiration of that period, such nonconforming use shall be terminated.
(2) 
In any district, any nonconforming use of a mobile home may be continued after the effective date of this chapter, provided that no replacement is made of one mobile home for another.
[Amended 1-24-2002 by L.L. No. 2-2002; 10-24-2002 by L.L. No. 6-2002; 9-11-2003 by L.L. No. 4-2003]
A. 
Approved plat. Any lot in a subdivision approved after March 23, 1989, may be built upon in accordance with the approved plat.
B. 
Existing lots in excess of 43,560 square feet. A dwelling may be erected as a permitted use on any lot which is in excess of 43,560 square feet, but does not conform to the lot area requirements of the Table of Bulk Requirements,[1] provided that:
(1) 
Such lot was lawfully in existence on March 23, 1989.
(2) 
All other applicable provisions of this chapter are complied with.
(3) 
Lots over one acre in size do not need to be combined, provided that such lot shall be developed in conformity with all applicable district regulations, other than the minimum lot area.
[1]
Editor's Note: The Table of Bulk Requirements is included at the end of this chapter.
C. 
Exceptions to yard and area requirements. If the lot complies with the conditions found in § 164-45.1C(1) through (6), an area variance is not necessary provided the following requirements are met:
(1) 
The minimum lot area shall be 12,500 square feet.
(2) 
The minimum livable floor area shall be no less than required by the applicable zoning district.
(3) 
There shall be a minimum of two off-street parking spaces per dwelling unit.
(4) 
The maximum coverage shall be 35%; the maximum height shall be three stories or 35 feet.
(5) 
A lot which does not have a septic disposal system approved after January 1, 1991, shall obtain a septic disposal permit as set forth in Chapter 124, Article III, of the Warwick Code.
(6) 
For each lot owned individually and separately and separated in ownership from any adjoining tracts of land and in existence on March 23, 1989, which has a total area or width less than prescribed herein may be used for a one-family residence, provided that such lot shall be developed in conformity with all applicable district regulations, other than the minimum lot area and lot width requirements, and with the minimum yards subject to the following conditions:
Side Yards
For Lot Widths
Equal to or Greater Than
(feet)
Less Than
(feet)
Minimum Side Yard
(feet)
Total of Both Side Yards
(feet)
250
300
75
150
200
250
50
100
150
200
35
80
135
150
30
60
100
135
20
50
80
100
12
30
60
80
10
27
49
60
7 1/2
1/3 of lot width
Rear Yards
For Lot Depths
Equal to or Greater Than
(feet)
Less Than
(feet)
Rear Yard Minimum
(feet)
150
200
30
125
150
25
100
125
20
D. 
Existing lots in the Agricultural Protection Overlay District. Lots within the AP-O District qualifying area that were in existence on January 1, 2002, may be subdivided for one additional residential lot in accordance with the Table of Bulk Requirements of the 1989 Zoning Law for the underlying zoning district.
A. 
Purpose. The purpose of this section is to provide regulations governing the applicability, submission requirements, standards for review and design, and due process for site plan and special use permit review and approval. The intent is to ensure that the development and use of individual parcels of land do not have an adverse effect on adjacent lands or on the character of the community. Such regulations are designed to protect the community from traffic congestion and conflicts, noise, odor and other forms of pollution, inappropriate design, flooding, and excessive soil erosion, to ensure that the proposed use will be in harmony with the appropriate and orderly development of the district in which it is proposed, and that its impacts can be mitigated by compliance with reasonable conditions. The regulations are also designed to ensure that new development conforms with the Town's planning goals and objectives as expressed in its Comprehensive Plan.[1]
[1]
Editor's Note: The Comprehensive Plan is on file in the office of the Town Clerk.
B. 
Applicability of site plans and special permit uses.
(1) 
All special uses cited in the Table of Use Requirements[2] or identified herein shall be subject to review and approval of a special use permit by the Planning Board in accordance with the standards and procedures set forth in this chapter.
[2]
Editor's Note: The Table of Use Requirements is included at the end of this chapter.
(2) 
All special uses and accessory uses thereto shall be subject to site plan review and approval.
(3) 
Site plan approval may be required, with the exception of commercial agricultural operations, for excavation and construction activities associated with permitted uses and accessory uses thereto within areas of environmental sensitivity as identified herein, such determination to be made by the Building Inspector in consultation with the Town Engineer and Town Planner. To determine the necessity of site plan approval from the Planning Board, the Building Inspector, in consultation with the Town Engineer and/or the Town Planner, will review all applications for building permits within the areas identified herein and apply the criteria found in the standards for design and review under § 164-46H. If the application complies with the standards for design and review and is otherwise in compliance with the Town Code, the building permit may be issued. If sufficient doubt exists as to whether the application complies with the standards for design and review, the Building Inspector shall require that an application for site plan approval be made and shall then refer such application to the Planning Board for site plan review and approval. Applications for building permits within the following areas shall be reviewed by the Building Inspector against the criteria identified in § 164-46H:
[Amended 10-24-2002 by L.L. No. 6-2002]
(a) 
For lands lying within a Town of Warwick flood hazard area or within flood hazard zone areas as defined by the Federal Emergency Management Agency (FEMA);
(b) 
For lands lying within the Ridgeline Overlay Districts;
(c) 
For lands lying within a local, state, or federal designated historic district, building, structure, or site or within sites that are contiguous with such historic resources;
(d) 
For lands lying within a scenic viewshed or scenic road corridor as officially designated by the Town of Warwick and/or a county, state or federal agency.
(e) 
For lands lying within the proposed Town of Warwick greenway trail corridor, as designated on the Official Town Map or in the Town of Warwick Comprehensive Plan.
(4) 
Site plan review and approval shall be required for excavation and construction activities associated with permitted uses and accessory uses thereto for lands lying within a Town of Warwick designated protection area.
(5) 
Expansion and change of uses. Site plan review and special use permit approval by the Planning Board shall be required for an expansion, exceeding 15% of the ground area of the use, or involving a change of use to a more intensive use on the basis of increased water supply, sewage disposal, stormwater runoff management, parking needs, traffic generation, or zoning compliance, such determination to be made by the Building Inspector. A building permit and certificate of occupancy shall not be issued by the Building Inspector for such uses or buildings determined to be more intensive without first obtaining approval from the Planning Board.
[Amended 9-11-2003 by L.L. No. 4-2003; 12-30-2014 by L.L. No. 7-2014]
C. 
Application submission.
(1) 
Pursuant to New York State Town Law §§ 274-a and 274-b, in all cases where this chapter requires site plan and/or special permit authorization by the Planning Board, an application shall initially be submitted to the Planning Department prior to commencement of any development or use of the site. The applicant shall file the following:
(a) 
Fifteen copies of the completed site plan and/or special use permit application on forms prescribed by the Planning Board at least 21 days prior to a scheduled regular meeting of the Planning Board;
[Amended 9-11-2003 by L.L. No. 4-2003]
(b) 
All required submissions for site plan review and approval as set forth in § 164-46G of this chapter; and
(c) 
Required fees in accordance with Chapter 75, Development Fees.
[Amended 2-18-2010 by L.L. No. 1-2010]
(2) 
Upon receipt of such application materials, the Planning Board Secretary shall, within five days of its receipt, forward the application to the Planning Board for its consideration. No building permit or certificate of occupancy shall be issued by the Building Inspector except upon authorization of and in full conformity with the plans approved and conditions imposed by the Planning Board.
D. 
Required fees. A complete application for site plan and/or special permit review and approval shall be accompanied by the applicable fees and escrow deposits in accordance with the fee schedule of Chapter 75, Development Fees. The Planning Board requires professional review of the application by its designated private planning, engineering, legal or other consultants, and such reviews are paid for by the escrow deposits. These fees shall be in accordance with the fee schedule established and annually reviewed by the Town Board.
[Amended 9-11-2003 by L.L. No. 4-2003]
E. 
General considerations for special permits. In permitting any special use, the Planning Board shall take into consideration the public health, safety and general welfare, the comfort and convenience of the public in general in the Town and of the immediate neighborhood in particular. The Planning Board shall also take into strict account the standards for review and design set forth in § 164-46H as well as the special conditions set forth in § 164-46J and elsewhere in this chapter. The Planning Board may require modifications to development proposals, submission of alternative design and layout proposals, and may attach reasonable conditions and safeguards to eliminate or minimize potential impacts as a precondition of its approval. Before making a decision on whether to approve, approve with modifications, or disapprove a special use permit, the Planning Board shall give specific consideration to the following:
(1) 
Traffic access. All proposed traffic accessways shall be adequate but not excessive in number, adequate in width, grade and alignment and visibility, and sufficiently separated from street intersections and other places of public assembly, and shall meet other similar safety considerations.
(2) 
Parking. Adequate off-street parking and loading spaces shall be provided in accordance with § 164-43.2, to prevent parking in public streets of the vehicles of any persons connected with or visiting the use, except in the Traditional Neighborhood District where on-street parking is permitted. Shared parking is encouraged where the peak parking demands of different uses occur at various times of the day. Use of a widely accepted means of projecting demand for shared use, such as the Urban Land Institute's Shared Parking report, shall be employed to demonstrate shared parking effects.
(3) 
Circulation. The interior circulation system shall be adequate to provide safe accessibility to all required off-street parking, and to provide for the convenience and safety of vehicular, pedestrian, and bicycle movement within the site and in relation to adjacent areas or roads.
(4) 
Landscaping and screening. All parking and service areas shall be reasonably screened at all seasons of the year from the view of adjacent residential lots and streets and the general landscaping of the site shall be in character with that generally prevailing in the neighborhood. Existing trees 12 inches or more in diameter at breast height (dbh) shall be preserved to the maximum extent practical. Roadside plantings shall be in conformance with the recommendations of the Town Shade Tree Commission and/or consistent with the Town of Warwick Design Standards.[3]
[Amended 12-9-2010 by L.L. No. 6-2010]
[3]
Editor's Note: The Design Standards are on file in the office of the Town Clerk.
(5) 
Character and appearance. The character and appearance of the proposed use, buildings, structures, outdoor signs and lighting shall be in general harmony with the character and appearance of the surrounding neighborhood and that of the Town of Warwick, and shall not adversely affect the general welfare of the inhabitants of the Town of Warwick, such recommendation to be made by the Town's Architectural Review Board with reference to the Town of Warwick Design Standards, and the signage and lighting regulations of §§ 164-43.1 and 164-43.4 respectively.
[Amended 12-9-2010 by L.L. No. 6-2010]
(6) 
Historic and natural resources. The proposed use shall be designed and shall be carried out in a manner that protects historic and natural environmental features on the site under review and in adjacent areas, such recommendation to be made by the Town's Architectural Review Board and Conservation Board.
(7) 
Level of service. The level of services required to support the proposed activity or use is or will be available to meet the needs of the proposed activity or use. This consideration shall include the suitability of water supply and sanitary sewage facilities to accommodate the intended use, and protection from pollution of surface or groundwater.
(8) 
Emergency services. All proposed buildings, structures, equipment and/or material shall be readily accessible for fire, police, and other emergency service protection.
(9) 
Nuisances. The proposed use shall not be more objectionable to nearby property owners or occupants by reason of noise, fumes, vibration or lighting than would the operations of a permitted principal use. The performance standards found in this chapter shall represent the minimum requirements to be achieved by any proposed use.
(10) 
Additional safeguards and conditions. The Planning Board shall impose additional conditions and safeguards upon the special permit as may be reasonably necessary to assure continual conformance to all applicable standards and requirements, including reasonable assurance that these conditions and safeguards can be responsibly monitored and enforced.
(11) 
Environmental consideration. The proposed use shall not have a significant adverse environmental impact as defined by the New York State Environmental Quality Review Act (SEQR). Such determination shall be made by the Town Planning Board or other designated lead agency.
(12) 
In or adjacent to a residence district. In addition to the above criteria, in the case of any use located in or directly adjacent to a residence district:
(a) 
The location and size of such use, the nature and intensity of operations involved in or conducted in connection therewith, the size of the site in relation to the use, its site layout and its relation to existing and future access streets shall be such that both pedestrian and vehicular traffic to and from the use and the assembly of persons in connection therewith will not be hazardous or inconvenient to or incongruous with said residence district or conflict with the normal traffic of the neighborhood; and
(b) 
The location and height of buildings, the location, nature and height of walls and fences, and the nature and extent of landscaping on the site shall be such that the use will not hinder or discourage the appropriate development and use of adjacent land and buildings or impair the value thereof.
F. 
Sketch plan conference with applicant. A preapplication conference is encouraged during the conceptual design process to reduce the review time of formal consideration of proposed site plans. Upon receipt of a complete application, the Planning Board shall notify the applicant of the place, date, and time of the meeting of the Planning Board at which the application is to be considered. The applicant or applicant's representatives shall be present to discuss the application. The first meeting shall consist of a conference between the Planning Board and the applicant to review the conceptual site design (sketch) plan. The Planning Board's preliminary consultation shall be limited to a review of the basic concept of the proposal to resolve problems with meeting requirements which might occur during formal consideration. Any preliminary review and consultation shall be nonbinding. If the Planning Board determines that the proposed site plan is of a minor nature, the sketch plan conference can be waived and the applicant can proceed directly to site plan review. The applicant, at his/her option, may bypass a sketch plan conference. The sketch plan, if prepared, shall show the following:
[Amended 10-24-2002 by L.L. No. 6-2002]
(1) 
An area map or high resolution aerial photograph keyed to the real property maps, showing the parcel under consideration and all properties, subdivisions, roads, and easements within 300 feet of the boundaries thereof.
(2) 
A map of the site showing approximate location of:
(a) 
Lot lines;
(b) 
Approximate lot measurements;
(c) 
Existing and proposed streets or other accessways;
(d) 
Proposed location of future roadway connections between the subject parcel and adjacent parcels;
(e) 
Location and dimensions of existing and proposed structures and paved areas;
(f) 
Proposed ingress and egress of the site;
(g) 
Site topography;
(h) 
Significant natural and historic features as specified in § 164-46G(3)(h) and (i);
(i) 
Photographs of the site and buildings thereon; and
(j) 
Any other similar descriptive data to clarify the proposed project.
G. 
Required site plans. A complete application for site plan approval shall be made in writing to the Planning Board and shall be accompanied by 12 copies of plans and any descriptive matter as determined necessary by the Planning Board at the time of the sketch plan conference. Only complete applications for site plan review shall be considered for approval. For proposals that are expected to have a minimal impact on surrounding properties, the Planning Board may, at its discretion, waive any of the requirements of this subsection for specific applications upon request of the applicant. Site plans shall be prepared by a licensed professional engineer, architect, or landscape architect, shall refer to specific data sources, and shall include the following information:
[Amended 1-24-2002 by L.L. No. 2-2002; 10-24-2002 by L.L. No. 6-2002]
(1) 
Application form. A completed application on forms prescribed by the Planning Board.
(2) 
Vicinity maps. A vicinity map drawn at a scale of 2,000 feet to the inch or larger that shows the relationship of the proposal to existing community facilities that will serve or influence the layout, such as roads, trails, shopping areas, schools, parks, employment centers, churches, firehouses, structures or areas of historic or scenic importance as identified in official Town documents or by the local historical society, and such other facilities that the Planning Board determines are appropriate. Such a sketch may be superimposed on the most recent United States Geological Survey's topographic map of the area. A Town tax map shall also show all properties, subdivisions, streets, power lines, and easements within 500 feet of all property lines of the subject parcel under consideration for site plan review.
(3) 
Site plan. A site plan or set of plans of the entire parcel(s) under consideration drawn at a scale of 40 feet to the inch (one inch equals 40 feet) or other appropriate scale as determined by the Planning Board on standard twenty-four-inch-by-thirty-six-inch sheets, showing the following:
(a) 
Title of drawing, including the name and address of the owner of record, applicant, and licensed professional(s) responsible for the preparation of such drawing, including seal and signature.
(b) 
North arrow, scale and date.
(c) 
Boundaries of the property with surveyed dimensions.
(d) 
Names of all owners of record adjacent to the applicant's property.
(e) 
Existing school district (if applicable), zoning district, and overlay district boundaries, and any special features as indicated on Figure 10 of the Town of Warwick Comprehensive Plan[4] within 500 feet of the site's perimeter.
[4]
Editor's Note: The Comprehensive Plan is on file in the office of the Town Clerk.
(f) 
Acreage of each distinct existing and proposed land use on the applicant's property, and the proposed density of each if residential uses are proposed.
(g) 
Grading and drainage plan showing existing and proposed contours with intervals of two feet extending 50 feet beyond the tract. If any portion of the parcel is within a one-hundred-year floodplain as determined by the Federal Emergency Management Agency (FEMA), the area will be shown, and base flood elevations given.
(h) 
Location and boundaries of all existing natural land features on the property, including rock outcrops, isolated trees 12 inches or more in diameter at breast height (dbh) and all trees over 24 inches in dbh (whether isolated or in a forested area), existing vegetative and forest cover, orchards, hedgerows and other ornamental landscaping, stone walls, soil types and boundaries, active farmlands and prime agricultural soils, visually prominent agricultural landscape features, such as fields, pastures, and meadows on knolls and hilltops, woodlands along roadways, property lines, and streams, scenic vistas, steep slopes in excess of 15%, and water sources. Water sources include ponds, lakes, wetlands and watercourses, aquifers, aquifer recharge areas, floodplains, and drainage retention/detention areas. Locally significant trees include, but are not limited to, rare or unusual species, trees associated with historic events or persons, or trees that contribute to an identified scenic viewshed.
(i) 
Location of all existing buildings, structures, signs, and agricultural lands, on adjacent property within 100 feet of the subject lot lines.
(j) 
Location, proposed use, height, and setback measurements of all existing and proposed buildings, structures and signs on the applicant's property, including floor plans, and plans for exterior elevations at a scale of one-quarter inch equals one foot showing the structure's mass and architectural features, and indicating the type and color of materials to be used. A table indicating square footage of building areas to be used for a particular use, such as retail operation, office use, warehousing, or other commercial activity; maximum number of employees; maximum seating capacity, where applicable; and number of parking spaces existing and required for the intended use. In a development of two or more lots, the elevation shall be understood to be the median elevation of all principal buildings to be sited.
(k) 
Traffic flow patterns within the site, entrances and exits, truck/commercial vehicle loading and service areas, curb cuts on the site and within 100 feet of the site, and all streets which are either proposed, mapped or built.
(l) 
The location, design and construction materials of all off-street parking areas (open and enclosed, if any), including the number of parking spaces required and to be provided. The Planning Board shall encourage the provision of parking areas using alternative paving materials, such as paving blocks where the interstices are filled with sod, or through parking reserve areas which may not be constructed until and unless demand is evident.
(m) 
The location, design and construction materials of all present and proposed walkways, bicycle paths and racks, benches, ramps, outdoor storage or display areas, retaining and/or landscaping walls and fences.
(n) 
A landscape plan showing all proposed changes to existing natural land features, including size and type of plant material, and the number, size, types and locations of all trees, shrubs and ground covers to be added. A planting schedule and a landscape maintenance plan shall be included. Trees to be saved shall be noted on site plans, and appropriate measures shall be outlined to protect the tree stock from damage during construction. Open space and recreational areas shall be identified. The location and proposed development of all buffer areas between the proposed site and adjacent properties, including existing vegetative cover and that portion that will be preserved or enhanced, shall be also indicated. The applicant's site plans shall show all live plant materials and nonplant materials, such as those described herein, to be installed on the site in order to meet the landscape requirement. The landscape plan shall also include an analysis of how the site is to be prepared for plant material installation with an emphasis on soil quality and available depth. All playground, parking, storage, waste, and service areas shall be reasonably screened at all seasons of the year from the view of adjacent residential lots and streets, and the general landscaping of the site shall be in character with that generally prevailing in the neighborhood. Existing trees should be retained and protected during construction. Isolated trees over 12 inches in caliper shall be identified as to caliper and species, located on the landscape plan, and shall be preserved to the maximum extent practical. Parking lot landscaping shall comply with § 164-43.2A(7) in addition to the requirements of this section. Where conflicts exist, the more restrictive provisions apply. Commercial agriculture is generally exempt from the landscaping requirements of the chapter, except as specifically identified herein.
[1] 
In all zoning districts allowing nonresidential uses, and in the case of all nonresidential uses in residential zoning districts, a landscaped strip shall be provided on the property adjacent to the right-of-way. Where parking lots are immediately adjacent to the public right-of-way, the provisions of § 164-43.2A(7) apply. The landscaped strip may not include any paved area except pedestrian sidewalks or trails which cross the landscaped strip. Any of the following landscaped strip treatments may be used singly or in combination:
[a] 
Provide a minimum ten-foot wide landscaped strip to be planted with a minimum of one shade tree and 10 shrubs per 35 linear feet of frontage, excluding driveway openings.
[b] 
Maintain existing mature woodlands.
[c] 
Where the plantings required in Subsection G(3)(n)[1][a] or [b] above would result in an inappropriate or impractical design due to underground utilities, overhead wires, or other factors, the following will apply: two ornamental trees may be substituted for one shade tree; two evergreen trees may be substituted for one shade tree; one evergreen tree may be substituted for five shrubs.
[2] 
Site plans shall specify the location, type, and size of major existing plant materials, including trees, with information and justification as to which such materials shall be removed and which shall be retained or relocated. Such plans shall also specify the location, size, type, quantity, and planting spacing of all proposed plant and other landscape materials, including irrigation systems.
[3] 
Landscaping shall be installed with adequate precautions to ensure survival, as shown on the approved landscape plan, prior to issuance of a certificate of occupancy for the building or use.
[a] 
Landowners shall be responsible for proper maintenance and care of all landscape treatments approved by the Planning Board. The Town's Code Enforcement Officer is authorized to inspect periodically all landscape treatments, including screening, as approved by the Planning Board or to investigate complaints made by any official or private citizen concerning the maintenance of such landscape treatments. If completion of required landscape work is not practical due to seasonal or weather conditions, the applicant shall submit assurances to the Town Building Inspector for the completion of landscaping. The acceptable assurance guaranteeing the completion of landscaping shall be an irrevocable letter of credit, certified check, performance bond, or other acceptable assurance, equal to the cost of the landscaping work accompanied by written assurance that such landscaping shall be completed in accordance with an approved site plan within a specified period of time not exceeding six months from the date of occupancy.
[b] 
Required landscaping shall be maintained in a healthy, growing condition at all times. The property owner or lessee is responsible for regular weeding, mowing of grass, irrigating, fertilizing, pruning, and other maintenance of all planting as needed. Any plant that dies shall be replaced with another living plant that complies with the approved site plan within 90 days, or as soon as practical given weather conditions, after notification by the Town Building Inspector.
[c] 
A three-year maintenance bond shall be provided to ensure successful planting.
[Amended 9-11-2003 by L.L. No. 4-2003]
(o) 
The location, design and construction materials of all existing and proposed utility systems including:
[1] 
Water supply system.
[2] 
Sewage disposal.
[3] 
Telephone, cable and energy systems, including electric, oil, gas, solar or other energy system.
[4] 
Storm drainage system, including but not limited to existing and proposed drain lines, culverts, catch basins, headwalls, endwalls, manholes, and drainage swales.
(p) 
The location of fire and emergency accessways and zones, including the location of fire hydrants or of the nearest alternative water supply for fire emergencies.
(q) 
The location, type, and screening details for solid waste disposal facilities and containers.
(r) 
The proposed location, height, orientation, type of illuminating device, bulb type and wattage, and photometric data of all outdoor lighting fixtures, as required in § 164-43.4 of this chapter.
(s) 
The location, height, size, materials, design, and illumination of all present and proposed signs and other advertising or instructional devices, as required in § 164-43.1 of this chapter.
(t) 
Estimates of noise generation.
(u) 
Inventory and quantity of hazardous materials anticipated for on-site storage and/or use, if applicable.
(v) 
Plans for the disposal of construction and demolition waste, whether on-site or at a New York State approved solid waste management facility.
(w) 
In the case of residential development, payment of a recreation fee is required as provided by Chapter 75 of the Town Code.
(x) 
For projects involving more than one phase, a site plan indicating the ultimate development of the entire property.
(4) 
Supporting materials. The following materials shall be submitted:
(a) 
A copy of the deed to the property as most recently filed and/or a copy of the executed contract of sale.
(b) 
A copy of each covenant, easement or deed restriction in effect or intended to cover all or part of the tract.
(c) 
Written offers of easement to the Town of Warwick or other pubic agencies for purposes of stormwater drainage, utility rights-of-way, etc.
(d) 
Identification of all necessary permits from federal, state, county or local agencies, approvals required from said agencies for the project's execution, and proof of special permit and/or variance approvals if applicable.
(e) 
As applicable, soil logs from on-site borings or test pits, percolation test results, and stormwater runoff calculations
(f) 
As applicable, plans to prevent:
[1] 
The pollution of surface or groundwater;
[2] 
Erosion of soil both during and after construction;
[3] 
Excessive runoff;
[4] 
Excessive raising or lowering of the water table; and
[5] 
Flooding of other properties.
(5) 
Additional supporting materials. The Planning Board may require the following additional supporting materials to be submitted, depending on the size and potential degree of impact on the Town:
(a) 
Analysis of fiscal impacts to the Town including projected tax revenues and cost of community services using a methodology in common use, such as that described in the most recent versions of Rutgers University's Center for Urban Affairs publications entitled "The Fiscal Impact Handbook" and "The New Practitioner's Guide to Fiscal Impact Analysis."
(b) 
A traffic impact study and analysis due to the proposal's location in heavy traffic areas or traffic generating characteristics. Such study and analysis shall be funded by the applicant, shall be consistent with the Traffic Study Methodology Guidelines published by the New York State Department of Transportation, and shall include:
[1] 
The projected number of motor vehicle trips to enter or leave the site, estimated for daily and peak hour traffic levels;
[2] 
The projected traffic flow pattern, including vehicular movements at all major intersections likely to be affected by the proposed use of the site;
[3] 
The impact of this traffic upon existing abutting public and private ways in relation to existing road capacities. Existing and proposed daily and peak hour traffic levels as well as road capacity levels shall be given.
[4] 
Such other supporting materials as deemed necessary by the Planning Board.
H. 
Standards for review and design. The purpose of good site design is to create a functional and attractive development, to minimize adverse impacts, and to ensure that a development project will be an asset to the community. To promote this purpose, the Planning Board, in reviewing site plans, shall consider the standards set forth below and the Town of Warwick Design Standards.[5] Such standards are intended to provide a framework within which the designer of the development is free to exercise creativity, invention and innovation while recognizing the Town's rural, scenic and historic qualities. The Planning Board may require submission of alternative design and layout proposals based on the standards in this section and the Design Standards.
[Amended 12-9-2010 by L.L. No. 6-2010]
(1) 
Site layout and design considerations. To the maximum extent practicable, development shall be located to preserve the natural features of the site and to avoid wetland areas, steep slopes, significant wildlife habitats and other areas of environmental sensitivity. The placement and design of buildings and parking facilities shall take advantage of the site's topography, existing vegetation and other pertinent natural features.
(a) 
The site shall be planned to create a desirable relationship to the streetscape, and to provide for adequate landscape plantings, safe pedestrian movement, and adequate parking areas.
(b) 
All buildings in the plan shall be integrated with each other and with adjacent buildings and shall have convenient access to and from adjacent uses.
(c) 
Parking areas should be placed at the rear and/or side of principal buildings so they are not visible from public roads. Where site limitations necessitate that parking areas be located adjacent to a public road, a berm, masonry wall, solid fence or evergreen hedge at least 30 inches in height above grade at the time of planting shall be installed to screen the view of parking areas from the road or street. Existing vegetation, which is proposed for preservation, may also be used to screen the view of parking areas.
(d) 
Newly installed utility service systems, and service revisions necessitated by exterior alterations, shall be installed underground. When feasible, existing aboveground utility service systems shall be placed underground.
(2) 
Relationship of buildings and site to adjoining areas. Site plans involving nonresidential uses proposed adjacent to a residential district or residential uses shall be reviewed with regard to the impact of the development on such district or use. The Planning Board shall encourage the use of a combination of landscaping, buffers, berms, screens, visual interruptions, and common building materials to create attractive transitions between buildings of different architectural styles and uses.
(3) 
Building design.
(a) 
Individual buildings shall relate to each other and to traditional structures in the surrounding area in lot placement, scale, height, and connections to harmonize visually and physically with the traditional character of the area.
(b) 
New architecture shall relate to the traditional historic building standards of the Town of Warwick in regard to design, mass, scale, proportion, materials, texture, and color. Building components such as windows, rooflines and pitch, doors, eaves and parapets shall be compatible with historic structures in the Town. Vertical, double-hung windows, and steeply pitched roofs are encouraged.
(c) 
Treatment of the sides and rear of all buildings shall be comparable in amenity and appearance to the treatment given to street frontages of these same buildings.
(d) 
Rooftop and ground level mechanical equipment shall be screened from public view by the use of materials harmonious with the building, or shall be located so as not to be visible from any public ways.
(4) 
Parking and loading facilities. Parking and loading facilities shall be planned and developed in accordance with § 164-43.2.
(5) 
Access.
(a) 
All entrance and exit driveways shall be located with due consideration for traffic flow so as to afford maximum safety to traffic on public streets and shall be reviewed and approved by the appropriate state, county, or local authority prior to the granting of site plan approval.
(b) 
Similar land uses shall provide, wherever practical, cross access between properties to reduce the number of curb cuts and limit the amount of traffic on the main arterial or collector street fronting the development. The Planning Board may require individual developers to construct a site layout that facilitates future cross access in anticipation of future adjacent development.
(c) 
Similar land uses shall provide, wherever practical, joint access to arterials or collector streets fronting the development to minimize disruption of traffic flow, reduce potential points of conflict between through and turning traffic, and facilitate the control and separation of vehicles and pedestrian movement. The Planning Board may require individual developers to construct a site layout that facilitates future joint access in anticipation of future adjacent development.
(d) 
All buildings shall be accessible to emergency vehicles. If the Planning Board deems it necessary, it shall refer the application to the applicable emergency services providers for comment on the proposed access arrangements.
(6) 
On-site circulation.
(a) 
On-site roadways, pedestrian walks and bicycle paths shall properly relate to existing and proposed buildings. They shall be designed to permit the safe, efficient and convenient movement of vehicles, pedestrians, and bicyclists on site, and the safe connections with adjoining properties where appropriate.
(b) 
Landscaped, paved, and comfortably graded pedestrian walks shall be provided along the lines of the most intense use, particularly from building entrances to streets, parking areas, and adjacent buildings, and shall be separated from motor vehicle circulation.
(c) 
For any use to which the public is expected to visit, the plan shall make proper provision for buildings and site developments that are accessible to and functional for physically disabled persons, such as by provisions of walks and ramps of suitable width and grade, curb cuts, identified wide parking spaces and ground level building entrances, as required in the New York State Uniform Fire Prevention and Building Code and other applicable state and federal laws.
(7) 
Drainage.
(a) 
The proposed development shall be designed to provide for proper surface water management through a system of controlled drainage that preserves existing drainage patterns, protects other properties and public roadways, and mitigates water quality impacts to the greatest extent practical. Drainage plans shall be reviewed by the Town Engineer prior to approval. To the greatest extent practical, drainage systems shall be designed to avoid an increase in peak stormwater volume and velocity.
(8) 
Landscaping and screening.
(a) 
Landscaping should dominate the site plan and integrate the various elements of site design, preserving and enhancing the particular identity of the site, and creating a pleasing site character.
(b) 
Landscape plantings of shrubs, ground cover, and shade trees, as well as perennials and annuals and other materials, such as rocks, water, sculpture, art, walls, fences, paving materials and street furniture, shall be encouraged to create pedestrian scale spaces and to maintain a landscape continuity within the community. All landscaping within the site shall be designed to facilitate conservation of the environment and preservation of community aesthetic character. This shall be accomplished through the use of native plant material and the retention of existing natural vegetation, thereby reducing or eliminating the need for irrigation, pesticides, herbicides, and fertilizers.
(c) 
The preservation of mature plant species, hedge rows, wetlands and woodlots shall be encouraged and included as a design element in the development of the site.
(d) 
Existing isolated tree stock 12 or more inches in diameter at breast height and trees 24 or more inches in diameter at breast height shall be protected and preserved to the maximum extent practical to retain valuable community natural resources and promote energy conservation by maximizing the cooling and shading effects of trees.
(e) 
Landscaping shall be used to create boundaries and transitions between areas of differing development intensities as well as to separate areas of incompatible land uses. A buffer zone thickly planted with native trees and shrubs of sufficient width to entirely screen a nonresidential use from a neighboring residential use shall be required. A buffer zone, as determined by the Planning Board, shall be provided on the subject parcel of any residential development occurring adjacent to a farm.
(f) 
Open space shall be designed as an integral part of the overall site design and shall be appropriately landscaped.
(g) 
Parking facilities shall be landscaped and screened from public view, to the extent necessary to eliminate the unsightliness of parked cars, and shall comply with the requirements of § 164-43.2.
(h) 
Solid waste facilities and containers, outdoor service areas, and loading docks shall be screened around their perimeter from the street and from other adjacent residential areas through the addition of conifer plantings or architectural elements. Outdoor storage shall be prohibited.
(9) 
Signs. All signs shall comply with the sign regulations of § 164-43.1 of this chapter.
(10) 
Lighting. All outdoor lighting shall comply with the lighting regulations of § 164-43.4 of this chapter.
(11) 
Trails.
(a) 
In developments where the Town of Warwick Greenway Trail System is proposed to cross the subject parcel, as indicated on the Official Town Map or the Town of Warwick Comprehensive Plan,[6] such trail location shall be shown on the site plan. In accordance with §§ 274-a(6) and 277-4 of New York State Town Law, such land required for the Town of Warwick Greenway Trail shall be provided upon a finding by the Planning Board that a proper case exists for requiring such recreational land. The type of construction of trails shall be compatible with the anticipated use.
[6]
Editor's Note: The Comprehensive Plan is on file in the office of the Town Clerk.
(b) 
In developments where a link to schools, churches, shopping areas, trails, greenbelts and other public facilities is feasible, a trail system shall be provided. The type of construction of trails shall be compatible with the anticipated use.
(12) 
Noise.
(a) 
Structures shall be located, constructed, and insulated to prevent on-site noise from interfering with the use of adjacent properties. Similarly, buildings shall be situated to prevent off-site noise from intruding on new development. In no case shall off-site noise exceed the standards contained in § 164-48 of this chapter. Procedures for evaluating noise in common usage, such as the U.S. Department of Housing and Urban Development's The Noise Guidebook (HUD-953-CPD) shall be used to determine impacts and mitigation.
(b) 
Methods for reducing noise shall be used where appropriate, and shall include fencing, walls, and natural buffers, such as berms and landscape planting with deciduous and coniferous trees and large shrubs.
[5]
Editor's Note: The Design Standards are on file in the office of the Town Clerk.
I. 
Agency, consultant, and public review.
(1) 
Agency and consultant review. In its review, the Planning Board may consult with the Town Building Inspector, the Commissioner of Public Works, the Architectural Review Board, Conservation Board, Shade Tree Commission, appropriate emergency services providers, other local and county officials and boards, and its designated private planning, engineering, legal, and other consultants, in addition to representatives of federal and state agencies, including, but not limited to, the State Department of Transportation, the State Health Department, the State Office of Parks, Recreation and Historic Preservation, the Secretary of State, the State Department of Environmental Conservation, the Palisades Interstate Park Commission, the U.S. Army Corps of Engineers, US Fish and Wildlife Service, and the U.S. Department of Agriculture's Natural Resources Conservation Service.
(2) 
Public hearing and notice.
(a) 
The Planning Board shall not authorize any use requiring special permit approval without first holding a public hearing at which interested parties and citizens shall have an opportunity to be heard. The public hearing shall be conducted within 62 calendar days of the Planning Board's determination that the application is complete. The Planning Board, by resolution at a stated meeting, shall fix the place, date, and time of the public hearing.
(b) 
The Planning Board shall be responsible for publication of the public hearing notice in a newspaper of general circulation in the Town at least five days before the date of such hearing. This notice shall include a general description of the proposal which is the subject of the application and shall identify the applicant and the location of the proposal. Notice shall also be posted on the bulletin board of the Town Hall at least five days prior to the date of the hearing.
(c) 
The Planning Board shall mail copies of the public hearing notice at least five days prior to the public hearing, or as otherwise required to by state law to the applicant, involved agencies, and as otherwise required by SEQR, and to all owners of land within 500 feet of a farm operation located in a New York State Agricultural District; such owners shall, in addition, be sent an Agricultural Data Statement on forms supplied by the Town of Warwick and prepared by the applicant. In addition, the Planning Board shall cause notice to be given of the substance of the application, together with notice of the hearing thereon, by causing notices thereof to be mailed at least five days before the date of the hearing to the owners of the property abutting that held by the applicant in the immediate area, whether or not involved in such application, and all other owners within 300 feet, or such additional distance as the Planning Board may deem advisable, from the exterior boundaries of the land involved in such application, as the names of said owners appear on the last completed assessment roll of the Town. Such notice shall be by ordinary mail, and, at the discretion of the Planning Board, the Secretary of the Planning Board or the applicant, shall furnish proof of compliance with the notification procedure, all costs required and fees assessed by the Secretary of the Planning Board to be borne by the applicant, in accordance with Chapter 75, Development Fees.
[Amended 2-18-2010 by L.L. No. 1-2010]
(d) 
Any or all of the notices required by this subsection shall be issued by the Secretary of the Planning Board on order of the Planning Board or upon order of the Chairman of the Board if the application is received when the Board is not in session and the Chairman deems it necessary or desirable to expedite the public hearing on such application. Provided that due notice shall have been published as above provided and that there shall have been substantial compliance with the remaining provisions of the subsection, the failure to give notice in exact conformance herewith shall not be deemed to invalidate any action taken by the Planning Board.
(e) 
If the land involved in any application lies within 500 feet of the boundary of any other municipality, the Town Clerk shall also transmit to the Municipal Clerk of such other municipality a copy of the official notice of public hearing thereon not later than the day after such notice appears in the official newspaper of the Town. Reports from the Orange County Planning Department shall be made part of the record of the hearing.
(3) 
Neighbor notification. The Planning Board shall require early notification to surrounding landowners of all applications filed with the Town Planning Department for uses requiring site plan and/or special use permit approval. The Planning Board shall cause notice to be given to all landowners within the areas identified in § 164-46I(2)(c). Such notice shall specify that an application for approval has been filed, will be considered by the Planning Board at scheduled Planning Board meetings, and shall be subject to a formal public hearing prior to approval. A sample neighbor notification letter is available from the Town Planning Department. The neighbor notification shall be sent at least seven days prior to the first scheduled Planning Board meeting in which the application has been placed onto a Planning Board agenda.
[Added 10-8-2015 by L.L. No. 4-2015]
J. 
Special conditions. (See the Table of Use Requirements for uses where one or more of these conditions are applicable.)[7]
(1) 
No greenhouse heating plant shall be operated within 50 feet of any adjoining residential lot line.
(2) 
No dog kennel, runway or exercise pen shall be located within 300 feet of any lot line.
(3) 
A buffer strip of 200 feet is required separating a building used for warehousing and wholesaling of farm products, and for retail sale or production of farm and food processing supplies from any residence.
(4) 
Open development area road specifications will be required for residential subdivisions in the Mountain District pursuant to the provisions of Chapter 137, Subdivision of Land.
(5) 
No building permit shall be issued and no lot shall be sold or conveyed in an open development area unless the purchaser of such lot shall file a statement with the Town Clerk that he/she fully understands that the lot has frontage on a private right-of-way or easement which shall not be accepted by the Town or maintenance as a public street unless fully improved by abutting property owners to the minimum width and construction standards required for public streets by the Town of Warwick. The final plat shall be endorsed to this effect prior to being signed.
(6) 
The home occupation strictly conforms with the use limitations specified within § 164-43.5A(10), the general considerations found in § 164-46E, and to the definition found in § 164-20 of this chapter. The special use permit granted expires when the occupation changes or the property is sold.
(7) 
The lot on which the home occupation is proposed meets the minimum lot area and setback requirements set forth in the Table of Bulk Requirements[8] for the district and the accessory structure proposed to house the home occupation similarly meets all setback and related bulk requirements set forth in this chapter.
[8]
Editor's Note: The Table of Bulk Requirements is included at the end of this chapter.
(8) 
The activity shall be compatible with the residential use of the property and the neighborhood and shall not require a use variance, provided that:
(a) 
The volume of invitees or guests who visit the home occupation premises is not in excess of six per day.
(b) 
The volume of deliveries or truck traffic is not in excess of an average of one per day.
(c) 
The activity does not generate any solid waste or sewage discharge, in volume or type, which is not normally associated with residential use in the neighborhood.
(9) 
Only customary household appliances and equipment shall be used, and no offensive noise, vibration, glare, dust, odors, heat, fumes, smoke, or electrical interference, shall be detectable to the normal senses off the lot. In the case of electrical interference, no equipment or process shall be used which creates visual or audible interference in any radio or television receivers off the premises.
(10) 
Townhouse style units are only permitted within a cluster subdivision, only if such units are in condominium, cooperative or other similar ownership, and only if community water and sewer are provided. The applicable zoning district(s) bulk requirements shall be used to calculate permissible density.
[Amended 10-24-2002 by L.L. No. 6-2002; 9-11-2003 by L.L. No. 4-2003]
(11) 
One accessory residence to a single-family dwelling may be located on a lot as a guest home, not to exceed the size of the principal residential structure and not to be erected within the required front, side or rear yards of the principal building. Together, the principal residential structure and the accessory residence must occupy an area that could be legally subdivided, resulting in two conforming lots, each with a principal residential structure.
(12) 
[9]Elder cottage housing option in the AI and AP-O Districts provided:
[Added 10-24-2002 by L.L. No. 6-2002; amended 9-11-2003 by L.L. No. 4-2003]
(a) 
The principal dwelling on the premises is owner-occupied.
(b) 
The principal dwelling is located on a single lot with a lot area of not less than 1 1/2 acres.
(c) 
The ECHO unit shall be located no closer to any front property line than the principal dwelling on the lot or on that lot directly adjacent.
(d) 
A reasonable determination can be made that the existing water supply and sewage disposal facilities are adequate or will be suitably improved to accommodate the ECHO unit.
(e) 
All further requirements of the Town of Warwick are acknowledged in writing by the applicant, including a requirement that the special use permit will be annually reviewed for renewal by the Building Department and the further requirement that the structure be properly removed from the premises and its site restored to lawn area within six months of its discontinuance of use as an eligible elder cottage housing (ECHO) unit.
[9]
Editor's Note: Former Subsection J(12), which provided that an accessory professional office or studio must be incidental to the residential use of the premises and be carried on by the resident therein, was repealed 1-24-2002 by L.L. No. 2-2002.
(13) 
[10]Two-story mixed-use buildings. The Town Board has determined that it is appropriate to provide a place in the community for attractive development of business activities that serve community needs and to promote a place where affordable housing can be integrated with businesses in a traditional manner. Specific uses identified in § 164-46J(13)(a) and (b) herein are permitted in two-story mixed-use buildings, subject to the issuance of a special use permit that meets the following additional special conditions:
(a) 
Ground-floor uses in a two-story mixed-use building are limited to retail stores, banks, personal service establishments, service establishments, eating and drinking places, delicatessens, coffee shops, luncheonettes, and business and professional offices.
[1] 
All buildings and the site shall be designed to comply with the Town of Warwick's design standards for architecture, building, landscaping, human scale lighting, and a pedestrian-friendly environment as illustrated in Appendix A[11] of the Zoning Law.
[11]
Editor's Note: Appendix A is on file in the Town offices.
[2] 
Retail uses, including banks, eating and drinking places, delicatessens, coffee shops and luncheonettes, shall not exceed 1/3 of the floor area of a building. Business and professional offices, personal service establishments, and service establishments shall not exceed 1/3 of the floor area of a building.
(b) 
Second-floor uses are limited to one- and two-bedroom apartments (800 to 1,400 square feet), business and professional offices and live/work units.
[1] 
Residential uses, including studios, one- and two-bedroom apartments and live/work units, shall not exceed 1/3 of the floor area of a building.
[2] 
Two-bedroom apartments shall not exceed 25% of the total number of dwelling units in a building.
(c) 
Additional infill development density, on existing developed properties within the LB District, is available, provided the following additional requirements are met:
[1] 
Within the LB District, no application for site plan approval, special use permit approval, and/or subdivision approval shall be approved unless the standards applicable to infill development in § 164-47 of the Zoning Law (i.e., TN-O District standards and Appendix A[12] of the Zoning Law) have been incorporated into the development designs to the greatest extent practicable. The Planning Board, as a condition of such approval, is empowered to modify the area and bulk regulations found in the Table of Bulk Requirements and may impose modifications that would have to be incorporated into the proposed action to merit a determination of consistency with the standards and guidelines set forth herein. The Planning Board's findings shall include a rationale for any waiver or modification granted to a specific standard. The Planning Board may, in granting waivers or modifications to these standards, incorporate such reasonable conditions as will, in its judgment, substantially secure the objectives of the requirements so waived.
[12]
Editor's Note: Appendix A is on file in the Town offices.
[2] 
Projects deemed consistent with the infill standards, by the Planning Board, are eligible for an increase in density of 50% over the minimum requirements of the Table of Bulk Requirements. Any increase in density granted shall comply with the Zoning Law's building limitations for infill uses.
[3] 
All projects within the LB District shall fully comply with the Town's stormwater management requirements, and proper provisions shall be made for water supply and sewage disposal in accordance with Town of Warwick and Orange County Department of Health requirements. This may include connection to the municipal wastewater treatment system and/or community water supply system if such exists at the time of approval.
[4] 
The Planning Board remains responsible for determining the adequacy of parking and may require a parking study by a qualified parking consultant to accommodate the infill allowance requirements. Shared parking and other methods may be used to satisfy the parking requirements.
(d) 
All subdivisions of land within the LB district shall be subject to the site plan requirements of § 164-46 of the Zoning Law.
(e) 
All developments shall be subject to the Town of Warwick's and/or the United States Environmental Protection Agency's low-impact development strategies (whichever is more stringent) for the area's stormwater management system to enhance and protect surface water and groundwater quality, maintain the integrity of aquatic resources, wildlife habitats and ecosystems, and preserve the physical integrity of the District's wetland.s and tributaries.
[10]
Editor's Note: Former Subsection J(13), which provided that an accessory professional office or studio shall not occupy more than 40% of the area of the ground floor of the main building, was repealed 1-24-2002 by L.L. No. 2-2002.
(14) 
The keeping or boarding of any dogs by a veterinarian shall require approval by the Planning Board.
(15) 
Swimming pools accessory to residential uses shall be regulated in accordance with Chapter 140, Swimming Pools.
(16) 
Accessory to a residential use, the keeping of dogs shall not exceed three dogs over six months old nor more than one litter under six months of age on a lot of less than three acres; the keeping of dogs shall not exceed six dogs over six months old nor more than two litters under six months of age on a lot of less than six acres; livestock and bees [according to the limitations and requirements of Subsection J(101) of this section] and not more than 10 fowl, rabbits, or other small domesticated animals shall be permitted; and no animals, bees, or fowl shall be housed within 100 feet of any lot line, except where livestock animals are housed, then such housing shall be set back 150 feet from any lot line. Any penning area less than one acre in size shall be set back 50 feet from any lot line. No storage of manure or other odor- or dust-producing substance or use shall be within 150 feet of any lot line. See also special condition in Subsection J(101) for large animals and bees.
[Amended 9-11-2003 by L.L. No. 4-2003; 10-27-2016 by L.L. No. 4-2016; 4-26-2018 by L.L. No. 2-2018]
(17) 
A structure being converted from a one-family to a two-family dwelling shall have contained on the effective date of this chapter 2,000 square feet of livable floor area with 1,000 square feet for each additional dwelling unit created.
(18) 
Accessory commercial agricultural buildings shall conform to the yard requirements for principal buildings.
(19) 
Within 150 feet of any lot line of a commercial agricultural operation, boarding or livery stable, riding academy, place for the rental of horses or public stable, there shall be no stable or similar animal housing, no penning area smaller than one acre in size nor storage of manure or other odor- or dust-producing substance or use, except spraying or dusting to protect vegetation.
(20) 
Accessory tenant housing and mobile homes to house tenant and migrant farm laborers shall be located no closer than 100 feet from any public road, shall be suitably landscaped in accordance with § 164-46H(8), shall be operated in conformance with Orange County Health Department regulations, and shall be located only on land that is considered a part of the same farming operation in which the tenant/migrant labor is employed. Employment documentation shall be provided annually to the Town Code Enforcement Officer.
[Amended 10-24-2002 by L.L. No. 6-2002]
(21) 
Dormitory accommodations for housing migratory agricultural workers shall be constructed in conformance with the New York State Multiple Residence Law and Orange County Health Department regulations and shall be located only on land that is considered a part of the same farming operation in which the dormitory accommodations is located.
(22) 
Farm stands selling agricultural and nursery products shall not exceed 500 square feet of retail display floor area and shall be located only on land that is considered a part of the same farming operation in which the farm stand is located.
[Amended 9-11-2003 by L.L. No. 4-2003]
(23) 
No building permit for a new residence shall be issued and no lot shall be sold or conveyed in the Agricultural Industry (AI) and Agricultural Protection Overlay (AP-O) Zoning Districts unless the applicant/purchaser of such residence/lot shall file a statement with the Town Clerk that he/she fully understands that the lot lies within the Agricultural Zoning District within which the primary activity is farming. Certain aspects of customary agricultural procedures (namely, spraying and dusting of hazardous chemicals, noise and odors, hours of operation, as well as airborne soil erosion) constitute ongoing hazards and nuisances to which the residents of such dwelling unit willingly subject themselves. Also, the final plat shall be endorsed to this effect and the recording information for a deed declaration placed on the map prior to being signed.
[Amended 10-24-2002 by L.L. No. 6-2002]
(24) 
Cemeteries shall be subject to approval by the Town Board.
(25) 
A state-accredited private school, except nursery schools, shall be a nonprofit organization within the meaning of the Internal Revenue Act and shall be registered effectively as such hereunder.
(26) 
Philanthropic and eleemosynary institutions, convalescent or rest homes, hospitals or sanatoriums for general medical care shall have frontage on a state or county road, and only on a Town road if approved by the Town Highway Superintendent.
(27) 
[13]Townhouse-style dwellings are permissible in cluster developments only if they comply with the dimensional standards and neighborhood and architectural design standards found in § 164-47C and D, the Traditional Neighborhood Overlay (TN-O) Zoning District.
[Added 9-11-2003 by L.L. No. 4-2003]
[13]
Editor's Note: Former Subsection J(27), which provided that an annual outdoor recreation membership club must be incorporated pursuant to statute and cater exclusively to members and their guests, was repealed 1-24-2002 by L.L. No. 2-2002.
(28) 
A special use permit is required for all Class 2 home occupations subject to the limitations of § 164-43.5.
(29) 
The use of outdoor public-address systems for any purpose shall be prohibited by an annual outdoor recreation membership club. Annual outdoor recreation membership clubs shall cater exclusively to members and their guests.
[Amended 1-24-2002 by L.L. No. 2-2002]
(30) 
Exterior lighting, other than that essential for the safety and convenience of the users of the annual outdoor recreation membership club, shall be prohibited.
(31) 
Public utility, transportation and communication uses shall be subject to such conditions as the Planning Board may impose in order to protect and promote the health, safety and general welfare of the community and the character of the neighborhood in which the proposed structure is to be constructed.
(32) 
Cabins or cottages, designed for one-family occupancy only, shall be permitted in summer colonies and camps.
(33) 
In summer colonies, accessory recreational facilities shall be set back 200 feet from all lot lines and shall be effectively screened along lot lines as required by the Planning Board.
(34) 
If floodlighting is used in a summer colony, it shall be arranged so as to eliminate the glare of the lights toward nearby residential areas.
(35) 
No public address system for outdoor use shall be permitted in a summer colony. Only unidirectional speakers shall be permitted in a ski area. The Planning Board may impose additional regulations to minimize any noise disturbance affecting nearby residential areas.
(36) 
All structures and uses in a camp shall be effectively screened along lot lines, as required by the Planning Board.
(37) 
All provisions of the Sanitary Code or such other regulations of the County Health Department pertaining to camps and their sanitary facilities must be complied with.
(38) 
Any areas to be used by aircraft under its own power on the ground shall be provided with a dustless surface.
(39) 
The hours of operation of an airport shall be limited by the Town Board to prevent disturbance to nearby residences.
(40) 
No area to be used by aircraft under its own power on the ground shall be less than 200 feet from any lot line. Evidence shall be presented to the Board that ample safeguards to minimize hazards and disturbances from noise of aircraft affecting residences and properties in the vicinity will be assured at all times of operation.
(41) 
The application for a permit shall be accompanied by evidence that the proposed airport facility will meet the standards and requirements of the Federal Aviation Administration.
(42) 
Access to areas used by aircraft in motion shall be controlled by fences and gates.
(43) 
Any outdoor amusement establishment use or drive-in theater located within 100 feet of a lot line shall be effectively screened along the lot lines. Screening shall consist of a type of fencing or a hedge of such type and spacing as may be required by the Planning Board, of an initial height of not less than six feet at the time of planting and pruned to a height of not less than 61/2 feet to adequately screen all operations on the lot from the view of neighboring properties.
(44) 
Appropriate sections of Chapter 150, Tree and Topsoil Removal; Grading and Excavation, shall apply to commercial lumbering, sawmill and stump grinding/mulch processing operations.
[Amended 5-13-2004 by L.L. No. 2-2004]
(45) 
Appropriate sections of Chapter 150, Tree and Topsoil Removal; Grading and Excavation, shall apply to extractive operations.
(46) 
Open development area road specifications will be required for recreational vehicle campgrounds pursuant to the provisions of Chapter 137, Subdivision of Land.
(47) 
Provisions of § 164-49.2 of this chapter shall apply to recreational vehicle campgrounds.
[Amended 9-11-2003 by L.L. No. 4-2003]
(48) 
Individual retail uses shall not exceed 60,000 square feet of gross floor area, whether in one building or more than one building.
(49) 
A group of retail business uses shall not exceed a total of 80,000 square feet of gross floor area, in all buildings on the lot.
[Amended 1-24-2002 by L.L. No. 2-2002]
(50) 
A permit is required from the Town Building Inspector for all Class 1 home occupations in accordance with § 164-43.5A(8).
(51) 
Accessory apartments are permissible accessory to a one-family dwelling or in a mixed-use building. When accessory to a one-family dwelling, owner-occupancy of the principal dwelling, on lands in which an accessory apartment is to be added to such dwelling or other structure, shall be required. Accessory dwelling units shall also comply with the following:
[Amended 10-24-2002 by L.L. No. 6-2002; 4-26-2018 by L.L. No. 2-2018]
(a) 
Accessory apartments require issuance of a permit by the Building Inspector. Permits shall be issued to individuals, not structures. Materials to assist the Building Inspector in reviewing an application for an accessory apartment permit shall include a floor plan of the existing residential structure and proposed accessory dwelling unit or the mixed-use building (whichever is applicable), a survey or other appropriate drawing or document showing the location and size of the existing and proposed septic system and well (if applicable), and the structures on the lot, both as they exist and as they would appear with the accessory dwelling(s).
(b) 
An accessory dwelling shall comply with the provisions of §§ 164-50 and 164-51 of this chapter, which requires issuance of a building permit for construction and a certificate of occupancy for occupancy.
(c) 
Renewal and revocation of permit. The accessory apartment permit shall be valid for the time period of the occupancy or ownership of the property. The permit may be renewed at the time of transfer of a property after inspection of the accessory apartment by the Building Inspector. The special use permit may be revoked by the Planning Board after due notice to the permittee and after a public hearing for cause which may include failure to comply with the above-stated conditions or any special condition attached to an individual permit, or for reasons as cited by the Building Inspector.
(d) 
Accessory apartments shall be limited to one bedroom and shall not exceed 750 square feet.
(52) 
Retail and service uses shall comply with § 164-47D(3)(d).
(53) 
Use of the Town of Warwick Design Standards is mandatory and such Standards can be found in Appendix A[14] of the Zoning Law.
[Amended 2-18-2010 by L.L. No. 1-2010]
[14]
Editor's Note: Appendix A is on file in the Town offices.
(54) 
A mobile home court shall be in full accordance with the provisions of § 164-49, but not more than one such mobile home court shall be permitted in the Town of Warwick.
(55) 
An area fully concealed from any street and equal to not more than 20% of the area devoted to retail sales shall be used for the processing of products.
(56) 
Not more than three employees may be employed in such establishment engaged in the production or processing of goods.
(57) 
Entrance and exit driveways of motor vehicle service stations shall have an unrestricted width of not less than 12 feet and not more than 25 feet and shall be located not nearer than 10 feet from any property line and shall be laid out so as to avoid the necessity of any vehicle backing out across any public right-of-way.
(58) 
Motor vehicle lifts or pits, dismantled automobiles and all parts or supplies shall be located within a building, unless fully screened from view from all sides.
(59) 
All service or repair of motor vehicles, other than such minor servicing as change of tires or sale of gasoline or oil, shall be conducted within a building.
(60) 
The storage of gasoline or flammable oils in bulk shall be located fully underground and not nearer than 35 feet from any property line other than the street line.
(61) 
No gasoline pumps shall be located nearer than 20 feet to any street line right-of-way.
(62) 
No building permit for a motor vehicle service station shall be issued within a distance of 200 feet of any school, church, hospital or other place of public assembly designed for occupancy by more than 50 persons or within 500 feet of another motor vehicle sales, service station or repair garage, said distance to be measured in a straight line between the nearest points of each of the lots or premises, regardless of the district where either premises is located.
(63) 
No motor vehicle sales, major repairing or wrecking and dismantling operations shall take place in a motor vehicle service station.
(64) 
Not more than five other vehicles shall be stored or parked outdoors for more than 48 hours in a motor vehicle service station.
(65) 
No motor vehicle shall be stored or parked in any required front yard of a motor-vehicle-related use, except a motor vehicle sales use.
(66) 
No motor vehicle sales or the storage and sale of motor vehicle fuel shall take place in a motor vehicle repair shop.
(67) 
Not more than 10 motor vehicles requiring servicing or repairs at a motor vehicle repair shop shall be stored or parked outdoors for more than 48 hours, and these shall be effectively screened from all property lines as prescribed in Subsection J(84) of this section and all other applicable regulations.
(68) 
No major motor vehicle servicing, repairing or wrecking and dismantling operations or the storage and sale of motor vehicle fuel shall take place at a motor vehicle sales establishment.
(69) 
No motor vehicle sales, service, repair or storage and sale of motor vehicle fuel shall take place at a motor vehicle laundry.
(70) 
The most restrictive requirements for all uses contained shall prevail when two or more motor-vehicle-related uses are combined.
(71) 
Total ground or floor area used for wholesale sales or storage shall not exceed 10,000 square feet.
(72) 
All goods in a wholesale sales or storage establishment shall be stored in conformance with the bulk regulations for buildings.
(73) 
All buildings and land in a designed shopping center shall be under unified ownership and management, shall have a unified architectural treatment relating each of the commercial establishments within, and shall have a common interrelated parking and site circulation system with consolidated access to public roads. The minimum initial commercial rental space per designed shopping center within enclosed buildings, including all component parts, shall be 15,000 square feet.
(74) 
Entrance and exit driveways for a designed shopping center shall be located not nearer than 10 feet from any side property line, not less than 50 feet from the nearest intersection of a public right-of-way and shall be laid out so as to avoid the necessity of any vehicle backing out across any public right-of-way.
(75) 
All special uses in the Designed Shopping (DS) and Community Business (CB) Districts and all display sales and storage accessory thereto, other than off-street parking, shall be carried on in buildings fully enclosed on all sides.
[Amended 12-9-2010 by L.L. No. 6-2010]
(76) 
Any Designed Shopping or Community Business District use located on a lot, any lot line of which lies within 100 feet of a residence or a residential district boundary, shall be screened along such lot line. Screening shall consist of a type of fencing or hedge of such type and spacing as may be required by the Planning Board, of an initial height of not less than six feet and adequate ultimately to screen all operations on the lot from the view of properties in the adjoining residence district.
[Amended 12-9-2010 by L.L. No. 6-2010]
(77) 
No motor vehicle wrecking or dismantling operation or the sale of motor fuel shall take place at a motor vehicle sales and service operation.
(78) 
The Planning Board may reduce the minimum square footage of the proposed building to a minimum of 7,000 square feet for motor vehicle sales, in a designed shopping center.
(79) 
For stump grinding/mulch processing uses in the Agricultural Industry and Office and Industrial Park Zoning Districts, direct ingress and egress to a state or county highway is required for all operations. No stump grinding/mulch processing operation will be permitted within 1,000 feet of any residence property line, residence district, or within 200 feet of any designated protection area. If requested, the Planning Board may reduce the 1,000-foot distance to a residence property line or residence district up to 500 feet, under the following circumstances:
[Added 5-13-2004 by L.L. No. 2-2004]
(a) 
A noise impact assessment shall be conducted using the guidelines of the New York State Department of Environmental Conservation's (DEC) publication entitled "Assessing and Mitigating Noise Impacts;" or
(b) 
The procedures outlined in the United States Department of Housing and Urban Development Noise Assessment Guidelines (Office of Policy Development and Research, 1980) and the noise abatement and control policies of the United States Department of Housing and Urban Development, as published in 24 CFR Subtitle A Subpart B §§ 51.100 through 51.106, are complied with.[15]
[15]
Editor's Note: Former Subsection J(79), as amended 1-24-2002 by L.L. No. 2-2002, which provided that a special permit shall be required for accessory apartments in the TN-O and LB Zones, was repealed 9-11-2003 by L.L. No. 4-2003.
(80) 
Certification of the landowners participation in the AP-O Zoning District is required as a condition of all farm markets.
[Added 9-11-2003 by L.L. No. 4-2003]
(81) 
The performance standards called for in § 164-48 shall apply to the specified use.
(82) 
No operation will be permitted within 1,000 feet of any residence, residence district, or within 200 feet of any designated protection area.
(83) 
[16]Traffic generated by bowling alleys, dance halls, physical fitness studios and similar commercial recreation facilities and background traffic shall be no greater than 1.25 peak hour trips per 1,000 gross square feet.
[Added 9-11-2003 by L.L. No. 4-2003]
[16]
Editor's Note: Former Subsection J(83), which provided that one-family detached dwellings shall not exceed one such dwelling on each lot, was repealed 1-24-2002 by L.L. No. 2-2002.
(84) 
Accessory storage in an orderly manner is permitted in any area other than the required front, rear or side yards, provided that such outdoor storage does not exceed 15 feet in height or occupy more than 10% of the area of the lot, and such storage area is effectively screened from view from all sides. Screening shall consist of an eight-foot high solid wall or fence uniform in finish and appearance, or an effective living screen of evergreen type. In no case shall materials be stored so as to be visible from the public right-of-way or boundaries of the lot.
[Amended 9-11-2003 by L.L. No. 4-2003]
(85) 
Only oil, gas or electricity may be used for fuel in manufacturing uses. Such requirements are not intended to prohibit the use of renewable resources, such as solar, wind power, or other innovative technologies which are encouraged.
(86) 
A manufacturing use must not create any dangerous, injurious, noxious or otherwise objectionable fire, explosion, radioactive or other hazard, noise or vibration, smoke, dust, odor, disturbance to radio and television reception, glare, harmful discharge or storage or dispersal of liquid or solid waste, or other forms of nuisance in a manner or amount as to adversely affect the surrounding area.
(87) 
Commercial recreation uses shall not exceed 60,000 square feet of gross floor area, whether in one building or more than one building.
[Added 9-11-2003 by L.L. No. 4-2003]
(88) 
All bulk storage shall be enclosed.
[Amended 10-24-2002 by L.L. No. 6-2002]
(89) 
Storage of vehicles in a bus, truck or railroad freight terminal shall not be located nearer than 200 feet to a residence district.
(90) 
Shipping and receiving docks in a bus, truck or railroad freight terminal shall have adequate access to and from a public street without using said street for maneuvering purposes and shall not be located nearer than 200 feet to a residence district.
(91) 
In a bus, truck or railroad freight terminal, no repair of motor vehicles, or shipping and receiving, shall be permitted within 600 feet of a residence district or between the hours of 8:00 p.m. and 6:00 a.m.
(92) 
No burning or incineration of materials shall take place in the storing, sorting or baling of scrap materials.
(93) 
A site used for storing, sorting or baling of scrap materials shall be kept in such condition as not to attract or harbor pests, rodents or other vermin.
(94) 
No parking or display of merchandise in outdoor sales lots may take place within a required yard.
(95) 
Dwelling unit sites require a ten-thousand-square-foot buildable area with less than a fifteen-percent slope.
(96) 
Two-family dwellings may not exceed one such building on each lot.
(97) 
In addition to the landscaping required as a screen against adjacent residential districts, and in addition to that required in parking areas, a minimum area equal to 1/3 of the first 50,000 square feet of building coverage, plus 20% of the square footage in excess of 50,000 square feet, shall be devoted to aesthetic landscaping enhancing such areas as outer courtyards, building perimeters and major vehicular entrances and exits. Such landscaping and planting plan shall be consistent with the Town's Design Standards. Solar panels shall be adequately screened from adjacent properties to minimize views, taking into consideration the need for southern exposure.[17]
[Amended 12-30-2014 by L.L. No. 7-2014]
[17]
Editor's Note: The Design Standards are on file in the office of the Town Clerk.
(98) 
A commercial greenhouse, whether an accessory or a principal use, shall adhere to the minimum lot size of a commercial agriculture farm (10 acres when livestock is not involved).
(99) 
Self-storage warehouse buildings must be screened by an eight-foot-high solid wall or fence uniform in finish and appearances, or an effective living screen of evergreen type. Storage buildings shall be effectively screened from the public right-of-way or boundaries of the lot.
(100) 
In order to provide a choice of housing opportunities for a variety of income groups within the Town of Warwick, in accordance with the purposes of this chapter and the policies of the Comprehensive Plan, the Planning Board shall deny any application for a special use permit for a subdivision where affordable housing units are mandatory if the applicant does not comply, at a minimum, with the following requirements for affordable housing units:
[Added 9-11-2003 by L.L. No. 4-2003]
(a) 
Subdivisions of land into 10 or more lots for single-family dwellings are required to include 10 percent of the total number of dwelling units within the subdivision as affordable housing units. As an incentive, a density bonus of 10 percent will be granted. For example, in a subdivision containing 10 lots, one lot must contain an affordable housing unit while in a subdivision containing 20 lots, two lots must contain an affordable housing unit; in the ten-lot example, one bonus lot would be approved for a total of 11 lots, while in the twenty-lot example, two bonus lots would be approved for a total of 22 lots. The Planning Board shall review the resources and public facilities available to the subdivision, including transportation, water supply, waste disposal and fire protection, during the mandatory SEQR review, to ensure the additional density being proposed will not create significant environmentally damaging consequences.
(b) 
The requirement for affordable housing units shall be established by constructing new dwelling units or rehabilitating existing dwelling units on the site proposed for subdivision approval, subject to the special permit.
(c) 
Siting of affordable units. All affordable units constructed or rehabilitated under this chapter shall be situated within the development so as not to be in less desirable locations than market-rate units in the development and shall, on average, be no less accessible to public amenities, such as open space, as the market-rate units.
(d) 
Minimum design and construction standards for affordable units. Affordable housing units within market-rate developments shall be integrated with the rest of the development and shall be compatible in both interior and exterior design, appearance, construction and quality of materials with other units.
(e) 
Timing of construction or provision of affordable units or lots. Where feasible, affordable housing units shall be provided coincident to the development of market-rate units, but in no event shall the development of affordable units be delayed beyond the schedule noted below:
Market-Rate Unit
Affordable Housing Unit
Up to 30%
None required
30% plus 1 unit
10%
Up to 50%
30%
Up to 75%
50%
75% plus 1 unit
70%
Up to 90%
100%
Fractions of units shall not be counted.
(f) 
Local preference. First preference for affordable housing units shall be given to existing residents of the Town of Warwick, second preference to residents of other towns but who work as municipal or school district employees in Warwick, third preference to other residents of Orange County, and fourth preference to all others as permitted by law. Proof of residency, such as a driver's license or voter registration card, will be accepted to determine residency.
(g) 
Marketing plan for affordable units. Applicants under this chapter shall submit a marketing plan or other method approved by the Town, to the Planning Board for its approval, which describes how the affordable units will be marketed to potential homebuyers or tenants. This plan shall include a description of the lottery or other process to be used for selecting buyers or tenants.
(h) 
Maximum incomes and selling prices; initial sale. To ensure that only eligible households purchase affordable housing units, the purchaser of an affordable unit shall be required to submit copies of the last three years' federal and state income tax returns and to certify, in writing and prior to transfer of title, to the developer of the housing units or his/her agent, and within 30 days following transfer of title, to the local housing trust, community development corporation, housing authority or other agency as established by the Town, that his/her or their family's annual income level does not exceed the maximum level as established by the Town of Warwick, and as may be revised from time to time.
(i) 
Preservation of affordability; restrictions on resale. Each affordable unit created in accordance with this chapter shall have limitations governing its resale. The purpose of these limitations is to preserve the long-term affordability of the unit and to ensure its continued availability for affordable income households. The resale controls shall be established through a deed restriction on the property and shall be in force for a period of 40 years. All deeds of affordable housing units shall contain references to the restrictions on resale enumerated herein, and such restrictions shall be placed on the subdivision plat as a condition of approval.
[1] 
Resale price. Sales beyond the initial sale to a qualified affordable income purchaser shall include the initial discount rate between the sale price and the unit's appraised value at the time of resale. This percentage shall be recorded as part of the restriction on the property noted in § 164-46J(100)(i) above. For example, if a unit appraised for $100,000 is sold for $75,000 as a result of this chapter, it has sold for 75 percent of its appraised value. If, several years later, the appraised value of the unit at the time of proposed resale is $150,000, the unit may be sold for no more than $112,500, 75% of the appraised value of $150,000.
[2] 
The Planning Board shall require, as a condition for a special use permit under this Zoning Law, that the applicant comply with the mandatory set-asides and accompanying restrictions on affordability, including the execution of the deed rider noted in § 164-46J(100)(i), above. The Building Inspector shall not issue a certificate of occupancy for any affordable unit until the deed restriction is recorded.
(101) 
Keeping of livestock accessory to a residence requires three acres for the first large livestock animal, such as horses, cattle, or bison and one acre for each additional large livestock animal or three acres for the first two medium livestock animals, such as goats, sheep, ponies, or llamas, and one acre for each two additional medium livestock animals. To protect public health, a beehive accessory to a residence shall require three acres for the first two hives and one acre for each additional hive.
[Amended 9-11-2003 by L.L. No. 4-2003; 10-27-2016 by L.L. No. 4-2016; 4-26-2018 by L.L. No. 2-2018]
(102) 
The maximum building length of buildings at an animal hospital or veterinary kennel is 140 feet, and the minimum distance between buildings is 30 feet.
(103) 
Hotels, motels, tourist cabins, health spas and health resorts require a minimum lot size of five acres plus one acre for each 15 rooms beyond the first 50.
(104) 
Public schools, nursery schools, and institutions of higher learning, public libraries, museums and state-accredited private schools require a minimum lot size of five acres plus one acre for each 100 pupils, or the requirements of the State Board of Regents.
(105) 
Where the outdoor shooting of firearms is involved, a minimum lot size of 50 acres is required.
(106) 
Camps shall provide 10,000 square feet of lot area for each tent, cabin or other principal building and 3,000 square feet per person accommodated.
(107) 
Buildings and sleeping quarters, except tents, in a camp shall be set back 30 feet distance from each other, and tents shall be set a minimum of 10 feet apart.
(108) 
The height of buildings/structures shall be no more than six inches per foot of distance to the nearest lot line.
(109) 
Hunting preserves and outdoor amusement establishments involving motorized vehicles, such as snowmobiles, shall have a minimum lot size of 100 acres.
[Amended 10-24-2002 by L.L. No. 6-2002]
(110) 
The height of buildings/structures shall be no more than three inches per foot of distance to the nearest lot line.
(111) 
Bulk standards for community recreational facilities and buildings, clubhouses, etc., shall be set by the Planning Board from standards determining the most similar uses.
(112) 
Provision of both community sewer and water is required.
(113) 
Adult day-care facilities shall comply with the following:
[Added 4-26-2018 by L.L. No. 2-2018]
(a) 
No activity area, recreational facility, building or other structure shall be closer than 100 feet from any residential property boundary.
(b) 
Copies of all licenses, permits or approvals from state and other local agencies shall be presented to the Planning Board for review prior to approval.
(c) 
Water supply and sewage disposal facilities shall satisfy all applicable requirements of the Orange County Health Department.
(d) 
Adult day-care facilities, if new construction, shall be designed to resemble a one-family dwelling.
(e) 
If created through conversion of an existing residential structure, no exterior changes will be made which will alter or extend the existing foundation of the principal structure more than 100 square feet or cause the extended structure to encroach upon any required yard area.
(f) 
Adequacy of on-site parking for staff and visitors shall be demonstrated.
(g) 
Public address systems shall be prohibited.
(h) 
Any adult day-care facility that will house more than 10 impaired individuals, as defined by the New York State Department of Health, shall require a site of at least 10 acres and the total population thereon, including residents and staff employees, shall not exceed four persons per acre.
(i) 
Outdoor lighting shall comply with § 164-43.4 of the Zoning Law.
(j) 
Facilities housing less than six adults for less than six hours a day shall not require site plan or special use permit approval.
(114) 
One-family detached dwellings shall not exceed one such building on each lot.
(115) 
Clubs and fraternal lodges for which the chief activity is a service customarily carried on as a business, or primarily for gain, shall not be permitted.
(116) 
A dining room is allowed, provided that it is incidental to the activities of a club or fraternal lodge and is conducted for the benefit of the members thereof only.
(117) 
No development shall take place within 200 feet of the periphery of the entire mobile court nor within 200 feet of any public road frontage on which the mobile home court bounds, except that properly landscaped public parking areas and recreational areas may intrude into such undeveloped areas by 100 feet.
(118) 
Mobile homes within a mobile home court shall each have a minimum road frontage of 20 feet.
(119) 
Mobile homes within a mobile home court shall each have 5,000 square feet of usable open space.
(120) 
Provisions of § 164-42E shall apply to the adaptive reuse of nonresidential agricultural structures.
(121) 
No side or rear yards are required for selected Local Hamlet Business and Traditional Neighborhood Overlay District uses, but, if provided, a ten-foot minimum is required.
(122) 
Parking is restricted from the front yard of Local Hamlet Business District uses.
(123) 
Any building in a Local Hamlet Business District used for residence on the first floor shall have a lot area and lot width, side and rear yards as specified for such dwellings in the Bulk Table[18] and shall not cover more than 40% of the area of the lot. If such building is for residential use above the first floor only, there shall be a rear yard of at least 30 feet in depth.
[Amended 1-24-2002 by L.L. No. 2-2002]
[18]
Editor's Note: The Table of Bulk Requirements is included as an attachment to this chapter.
(124) 
In Office and Industrial Park Districts, no side or rear yard shall be required where such yard abuts an operating railroad right-of-way.
(125) 
Hotels, motels, residential hotels and tourist homes require one acre for every 15 rooms or fraction thereof.
(126) 
Unless specifically stated elsewhere in this Zoning Law, outdoor storage, sales, and display is not permitted in the Designed Shopping (DS) or Community Business (CB) Districts.
[Amended 12-9-2010 by L.L. No. 6-2010]
(127) 
The following setback requirements shall prevail for parking, loading, fences, and solar panels:
[Amended 12-30-2014 by L.L. No. 7-2014; 6-11-2015 by L.L. No. 2-2015]
(a) 
Wall of building: 10 feet.
(b) 
Residential district: 200 feet.
(c) 
Designated protection area: 100 feet.
(d) 
Commercial districts: 50 feet.
(e) 
Side lot line: 15 feet.
(f) 
Rear lot line: 15 feet.
(g) 
Limited access highway: 100 feet.
(h) 
Other public roads: 40 feet.
(i) 
Internal roads: 30 feet.
(128) 
A one-hundred-foot front yard setback for parking is required for a designed shopping center or community business district use.
[Amended 12-9-2010 by L.L. No. 6-2010]
(129) 
The following uses are specifically prohibited in the Designed Shopping, Traditional Neighborhood, Local Business and Community Business districts:
[Amended 12-9-2010 by L.L. No. 6-2010]
(a) 
Amusement parks and circuses, except for those operated by bona fide not-for-profit organizations on a temporary special permit of the Town Board and issued for a period not to exceed four days.
(b) 
Any use which is noxious or offensive by reason of emission of odor, dust, noise, glare, smoke, gas, fumes or radiation or which presents a hazard to public health or safety.
(c) 
Mobile home sales.
(d) 
Bulk storage of any kind, including lumberyards, warehouses, oil and gas storage, junkyards or similar uses, except gasoline as accessory to a motor vehicle service station and bulk storage of materials for on-site usage.
(130) 
Eating and drinking places in the Local Hamlet Business Zoning District shall be limited to a capacity of 40 seats.
(131) 
The minimum floor area for uses in the Office and Industrial Park District shall be 2,000 square feet for the first floor of each principal building.
(132) 
The minimum distance between buildings in the Office/Research/Industrial Park District is 30 feet or equal to the height of the tallest building, whichever is greater.
(133) 
Manufacturing uses involving primary production of the following products from raw materials are prohibited:
Alcohol, industrial
Ammonia
Aniline dyes
Animal size
Asphalt
Bone black
Carbides
Carbon black
Caustic soda
Cellulose
Cement
Charcoal
Chlorine
Coal
Coke
Creosote
Explosives
Fat rendering
Fertilizers
Gas manufacturing
Gelatin
Glue
Hydrochloric acid
Hydrogen
Linoleum
Matches
Nitrates of an explosive nature
Nitric acid
Oilcloth
Oxygen
Paint
Phosphoric acid
Picric acid
Plastic materials
Potash
Pyroxylin
Rayon yarn
Rubber (natural/or synthetic)
Soaps
Starch
Sulfuric acid
Synthetic resins
Tar products
Turpentine
Varnish
(134) 
Manufacturing uses involving the following processes are prohibited:
(a) 
Alloying of metal or metal ores.
(b) 
Distillation of wood or bones.
(c) 
Magnesium foundry.
(d) 
Milling or processing of flour or grain.
(e) 
Nitrating of cotton or other materials.
(f) 
Reduction and processing of wood pulp and fiber, including paper mill operations.
(g) 
Refining petroleum products, such as gasoline, kerosene, naphtha and lubricating oils.
(h) 
Refining secondary aluminum.
(135) 
Operations involving slag piles, stockyards and slaughterhouses are prohibited in the Office and Industrial Park District.
(136) 
Solid waste management facilities, except those owned and operated by the Town, are prohibited.
(137) 
For the purposes of the Office and Industrial Park District, a "lot" shall be defined as land which is leased, as well as land which is conveyed in fee.
(138) 
Conference centers in the CB District shall comply with the following special conditions:
[Added 12-9-2010 by L.L. No. 6-2010]
(a) 
The use shall be found to be in harmony with the Town of Warwick Comprehensive Plan.
(b) 
The minimum lot area shall be 10 acres for the first 40 guest rooms, plus an additional 1/2 acre for each additional guest room. The maximum number of rooms in a conference center shall be 80.
(c) 
Access shall be from a state or county highway.
(d) 
Specific plans for parking shall take into consideration the rural and scenic resources of the site and community. Use of alternative paving materials and alternative transportation, such as grassed parking areas and shuttle services, is encouraged to protect such resources.
(e) 
New construction shall be sited so as to have a minimum impact on fields, water features and woodlands. Major regrading, clear cutting or changing of topography shall not be permitted.
(f) 
Specific plans for public address systems, amplified music, and/or outdoor lighting shall be submitted to and approved by the Planning Board, including the specific hours of operation for such facilities. Approval shall be preceded by a clear demonstration by the facility owner and/or operator that the features are both essential and will create no adverse effect on nearby residential properties, will be in compliance with the Town of Warwick noise regulations[19] and will be in harmony with the rural and scenic character of the Town. The specific plans for public address systems, amplified music, and/or outdoor lighting shall be subject to such additional restrictions deemed appropriate by the Planning Board.
[19]
Editor's Note: See Ch. 100A, Noise.
(g) 
Conference center in a Class 1 Designated Historic Structure.
[Added 10-27-2016 by L.L. No. 4-2016]
[1] 
A minimum lot area of 10 contiguous acres is required for a conference center in a Class 1 Designated Historic Structure.
[2] 
The maximum number of guest rooms in a conference center in a Class 1 Designated Historic Structure shall be 12.
[3] 
Accessory recreational uses may include tennis, swimming pool, hiking trails, and similar low impact facilities, such recreational facilities limited to guests of the center.
[4] 
Access to a conference center in a Class 1 Designated Historic Structure shall be from a state, county or through Town road.
(139) 
The Town Board has determined that the Community Business District is an appropriate place in the community to provide for attractive development of business activities that serve community needs. Incentives are available to applicants for specific uses that meet the special conditions described below in § 164-46J(139)(a) through (f). The Town Board has determined that it is appropriate to grant such incentives in exchange for the provision of community benefits or amenities. All retail uses in the CB Zoning District are subject to Subsection J(139)(a) through (e) below. All retail uses in the CB District are classified as Tier 1 or Tier 2. Tier 1 uses are encouraged while Tier 2 uses are subject to the full Planning Board review requirements. Incentives for specified Tier 1 uses can be found in § 164-46J(139)(i).
[Added 12-9-2010 by L.L. No. 6-2010]
(a) 
All Tier 1 and Tier 2 uses shall fully comply with the Town of Warwick's marginal access requirements found in § 164-42F of the Zoning Law.
(b) 
For all Tier 1 and Tier 2 uses, the buildings and the site shall be designed to comply with the Town of Warwick's Design Standards for architecture, building, landscaping, human scale lighting, and a pedestrian-friendly environment as illustrated in Appendix A[20] of the Zoning Law.
[20]
Editor's Note: Appendix A is on file in the Town offices.
(c) 
All Tier 1 and Tier 2 uses shall be subject to the Town of Warwick's and/or the United States Environmental Protection Agency's low-impact development strategies (whichever is more stringent) for the area's stormwater management system to enhance and protect surface water and groundwater quality, maintain the integrity of aquatic resources, wildlife habitats and ecosystems, and preserve the physical integrity of the District's wetlands and tributaries.
(d) 
All Tier 1 and Tier 2 uses within the CB District shall fully comply with the Town's stormwater management requirements, and proper provisions shall be made for water supply and sewage disposal in accordance with Town of Warwick and Orange County Department of Health requirements. This may include connection to the municipal wastewater treatment system and/or community water supply system if such system(s) exists at the time of approval.
(e) 
Special bulk, parking and siting regulations apply in the CB Zoning District. In the event of a conflict with the Table of Bulk Requirements or other bulk requirement of this Zoning Law, this section shall apply as follows:
[1] 
For retail uses, a minimum floor area of 2,000 square feet and a maximum floor area of 60,000 square feet per lot is permitted. For nonretail uses, a minimum floor area of 1,000 square feet and a maximum floor area of 60,000 square feet per lot is permitted. Buildings shall be designed in accordance with the dimensional and other design standards found in Appendix A[21] of the Zoning Law. Individual business establishments that exceed 8,000 square feet of floor area shall be designed to exhibit the physical design characteristics of pedestrian-oriented, shopfront-style shopping streets.
[21]
Editor's Note: Appendix A is on file in the Town offices.
[2] 
The minimum lot area shall be three acres unless the Table of Use Requirements specifies a lesser or greater minimum lot area for the use. Multiple special permit uses may occupy a lot without the necessity of establishing the minimum lot area requirement for each use.
[3] 
The maximum lot coverage shall be 30% for Tier 2 uses and 40% for Tier 1 uses. The area reserved for the marginal access road right-of-way shall not be penalized for reserving such acreage when calculating maximum lot coverage.
[4] 
The maximum floor area ratio (FAR) shall be 0.2 for Tier 2 uses and 0.25 for Tier 1 uses. The area reserved for the marginal access road right-of-way shall not be penalized for reserving such acreage when calculating the maximum FAR.
[5] 
Buildings that have a minimum of two stories and a maximum of three stories or 38 feet, not including the height exceptions allowed by § 164-41C(3) of the Zoning Law, will earn a bonus FAR of 0.05 for Tier 1 uses for a maximum allowable FAR of 0.30. The area reserved for the marginal access road right-of-way shall not be penalized for reserving such acreage when calculating the maximum FAR.
[6] 
Retail uses shall not exceed 50% of the floor area of a building. Any change of such retail uses shall be subject to § 164-46B(5) of the Zoning Law. The remaining uses may consist of nonretail Tier 1 and 2 uses such as business and professional offices, personal service establishments, service establishments, work-live units, and similar uses compatible with the purposes of the Community Business District.
[7] 
The Town Design Standards found in Appendix A[22] of the Zoning Law shall be used in determining lot width, lot depth, setbacks and other dimensional requirements applicable to the use(s). The Planning Board remains responsible for determining the adequacy of such dimensional requirements, taking into consideration the physical design characteristics of pedestrian-oriented, shopfront-style shopping streets.
[22]
Editor's Note: Appendix A is on file in the Town offices.
[8] 
Opportunities for shared parking shall be integrated into the overall plan for parking. Off-street parking spaces shall be located to the rear of the principal building or otherwise screened so as to not be visible from the street(s) or residential zoning districts.
[9] 
Buildings shall have a primary entrance door facing a public sidewalk. Entrances at building corners may be used to satisfy this requirement.
[10] 
Building entrances may include doors to individual shops or businesses, lobby entrances, entrances to pedestrian-oriented plazas, or courtyard entrances to a cluster of shops or businesses.
[11] 
A minimum of 60% of the street-facing building facade between two feet and eight feet in height shall be comprised of clear windows that allow views of indoor space or product display areas. The bottom of any window or product display window used to satisfy this requirement may not be more than 4.5 feet above the adjacent sidewalk.
[12] 
Solar panel installations shall be limited to the rooftops of buildings or to carports covering designated parking areas.
[Added 12-30-2014 by L.L. No. 7-2014]
(f) 
The Town Board has determined, consistent with § 261-b of New York State Town Law and the Town of Warwick Comprehensive Plan, that it is appropriate to make adjustments to permissible density and area requirements for specified Tier 1 uses in the CB District for the purpose of providing a community benefit. The purposes of granting a density bonus include the following:
[1] 
Reclaim an existing auto-oriented shopping strip by incrementally redesigning and transforming the strip into a walkable and bikable commercial area that will always be secondary to the Village of Warwick as the primary retail and civic center for the community while strengthening its links to the Village as a complementary mixed-use area serving a slightly different and more auto-dependent purpose than the walkable Village.
[2] 
Help to unify the streetscape of Route 94 with generous landscaping, continuous street trees and, if possible, planted medians, reminiscent of a boulevard.
[3] 
Fill in the front of the large parking areas wherever possible by replacing them with buildings. Site new buildings back from the road and buffer the buildings with trees, berms, landscaping, and other natural elements to protect the viewscapes and complement the agricultural and other open spaces surrounding the commercial area as shown on the illustrations in Appendix A.[23]
[23]
Editor's Note: Appendix A is on file in the Town offices.
[4] 
Create pedestrian and bicycle networks through sidewalks, bicycle paths, trails and crosswalks, in order to create connections to shared parking, public transportation and between stores and nearby housing in the RU and SL Districts as well as the Village.
[5] 
Enhance and diversify the local tax base by generating additional revenues to meet the costs of municipal and educational services by encouraging specific retail and other commercial services that are currently underserved in the community.
(g) 
Additional infill development density for creating new Tier 1 uses, on existing developed properties within the CB District, is available by special use permit from the Town Board, for the expressed purpose of providing a marginal access road on such developed properties, provided the following additional requirements are met. The Town Board has determined that providing a public benefit in the form of marginal access road development on developed properties is consistent with the intent and purposes of the Town of Warwick Comprehensive Plan and provides a public benefit in the form of reduced traffic congestion on State Route 94. For purposes of this Subsection J(139)(g), existing developed properties are defined as those parcels of land for which existing maximum floor area and lot coverage meets or exceeds the maximum bulk requirements for the CB Zoning District found in § 164-46J(139)(e) herein at the time of enactment of Local Law No. 6 of 2010.
[1] 
Within the CB District, the Town Board may, as a condition of approval, modify the bulk regulations found herein at § 164-46J(139)(e) and may impose additional modifications that would have to be incorporated into the proposed action to merit a determination of consistency with the standards and guidelines set forth herein. The Town Board's findings shall include a rationale for any modification granted to a specific standard. The Town Board may, in granting modifications to these standards, incorporate such reasonable conditions as will, in its judgment, substantially secure the objectives of the requirements so waived.
[2] 
Projects deemed consistent with the infill standards and consistent with the Town Comprehensive Plan are eligible for an increase in density in exchange for the construction of a marginal access road on an applicant's existing developed property. Any increase in density granted shall comply with the Zoning Law's other limitations for such use. Nothing herein shall prevent the development of multiple buildings to achieve the density permitted, provided each individual building complies with the building limitations imposed by the Town Board.
[3] 
The marginal access road shall be constructed and dedicated to the Town of Warwick in accordance with "Figure 2.1: Artist's Illustrative Plan of the Route 94 Corridor" adopted by the Town Board in the February 18, 2010, draft generic environmental impact statement for the Community Business District and with § 164-42F(3)(c) of the Zoning Law.
[4] 
Projects shall comply with the green building requirements found in § 164-41.1D(2)(e)[6] of the Zoning Law.
(h) 
Additional development density for Tier 1 uses is available by a special use permit from the Town Board. The allocation of incentives for mixed uses shall be prorated at the discretion of the Town Board. Uses identified as Tier 1 that do not meet the requirements identified herein shall not be eligible for additional development density and shall be subject to the Tier 2 provisions identified in § 164-46J(139)(j) herein. All subdivisions of land within the CB district shall be subject to the site plan requirements of § 164-46 of the Zoning Law.
(i) 
Tier 1 uses are encouraged and are eligible for the following incentives, provided the Planning Board finds that the proposed use is in full compliance with this section. Incentives available include:
[1] 
Use of the Town's generic environmental impact statement (GEIS) for Tier 1 projects proposed in the Community Business District. Projects proposed in accordance with the GEIS and where the Planning Board is acting as lead agency under SEQR may require limited SEQR review in accordance with 6 NYCRR 617.10(b) and (c).
[2] 
Expedited Planning Board review of the application as specified in the GEIS.
[3] 
Bonus lot coverage and FAR as specified in § 164-46J(139)(e)(3) and (4) herein, subject to issuance of a special use permit from the Town Board.
[4] 
Reduced review fees in accordance with Chapter 75 of the Town of Warwick Code, Development Fees.
(j) 
Tier 2 uses are subject to the full review requirements of the Town Zoning Law and the State Environmental Quality Review Act (SEQR) where the Planning Board is acting as lead agency.
(140) 
Mining for fissionable materials is prohibited in all districts. (See Chapter 85, Fissionable Materials, Ordinance No. 80-3.)
(141) 
The use of mobile homes on farms to house tenant and migrant farm laborers shall be subject to the approval of the Orange County Department of Health. Town permits shall be granted by the Building Inspector for one year; annual renewals shall require an inspection report by the Building Inspector prior to issuance. There will be a fee for the original permit to cover each mobile home so located (as set forth in Chapter 75, Development Fees).
(142) 
A country inn shall include a minimum of six guest rooms and a maximum of 12 guest rooms. Accessory recreational uses for guests may include tennis, swimming pools, and similar low-impact facilities.
[Added 12-9-2010 by L.L. No. 6-2010]
(143) 
New motor vehicle laundries shall use one-hundred-percent closed-loop recycling of wastewater to prevent discharges to groundwater or surface waters.
[Added 6-11-2015 by L.L. No. 2-2015]
(144) 
Same as § 164-46J(129)(a) and (b).
(145) 
Multiple commercial occupancy is permitted in buildings under unified ownership and control.
(146) 
No self-storage warehouses or other self-service facilities are permitted.
(147) 
Such personal service stores shall exclude off-track betting (OTB), video/electric arcades, pool halls or similar uses.
(148) 
Such businesses, offices and services shall exclude a crematorium.
(149) 
Self-propelled garden tractors and lawn mowers are deemed not to be motor vehicles for the purposes of the Table of Use Requirements for Local Hamlet Business Districts.[24]
[24]
Editor's Note: The Table of Use Requirements is included as an attachment to this chapter.
(150) 
Rear and side setbacks of 40 feet are required.
(151) 
Large-scale solar energy systems, as defined herein, are permitted subject to compliance with § 164-47.1 of the Zoning Law, the Ridgeline Overlay District requirements.
[Added 4-26-2018 by L.L. No. 2-2018]
(152) 
Farm markets less than 4,000 square feet in gross floor area may be operated as an accessory use to the principal use of agricultural production and/or the practice of animal husbandry on a commercial agricultural operation in the AI Zoning District or which has been certified for participation in the AP-O Zoning District. Farm markets of 4,000 square feet of gross floor area or greater require a special use permit from the Planning Board either in the AI Zoning District or on lands which have been certified for participation in the AP-O Zoning District. The following additional requirements apply whether the farm market is an accessory or special permit use:
[Amended 9-11-2003 by L.L. No. 4-2003]
(a) 
The farm market structure shall consist of a single story and shall not exceed 2,000 square feet for each 10 acres of farm area, to a maximum of 10,000 square feet. Nothing herein shall preclude the use of an existing agricultural outbuilding on a farm for this use, provided that no greater area than the foregoing is used as a farm market;
(b) 
At least 25% of the total amount of the annual retail sale of agricultural, horticultural, floricultural, vegetable and fruit products, soil, livestock and meats, poultry, eggs, dairy products, nuts, honey, wool and hides and other agricultural or farm products shall be grown, raised or produced on the farm on which the farm market is located. Processed food, where the majority of the ingredients are grown on the farm, shall be considered part of the twenty-five-percent minimum; these include but are not limited to baked goods and mixes, eggs, dairy products, juice, preserves, syrups, vinegars and salad dressings. The farm market may sell farm products grown or processed regionally (i.e., within the State of New York), provided that said products do not exceed 75% of the total annual retail sales of the farm market. A maximum of 25% of the total annual retail sales may be in agricultural products grown or processed outside the State of New York. No other grocery items or products not listed here may be sold. Receipts and records of product purchases must be kept by the farmer-applicant;
(c) 
The farm market may sell food prepared on premises, using primarily agricultural and farm products sold at the farm market;
(d) 
The farm market may sponsor and conduct farm and harvest festivals on-site, provided that the number of festivals each year is not greater than 12, no carnival-type rides are utilized, the festivals are designed to provide agricultural marketing and promotional opportunities for the farm and/or the region's agricultural producers, and if the festival involves 250 or more attendees, a temporary outdoor public gathering permit pursuant to Chapter 115 of the Town Code is secured prior to the event(s); and
(e) 
On-site public gatherings of up to 249 attendees for arts, entertainment, weddings, craft shows, and other special occasions are allowed up to 24 times per year, provided that adequate parking is provided and a sewage disposal permit is secured from the Town Building Department prior to holding any public gathering. Attendance by 250 or more attendees requires a temporary outdoor public gathering permit from the Town Board.
(f) 
A farm market may be operated on a year-round basis and may contain bathrooms and/or an area for food preparation occupying no more than 20% of the gross floor area of the farm market.
(g) 
Permitted and accessory dwelling units, deemed to be part of the same farm operation, may be rented on a per event basis, subject to annual Building Department review for compliance with the New York State Uniform Fire Prevention and Building Code.
[Added 10-8-2015 by L.L. No. 4-2015]
(153) 
Wireless telecommunications facilities shall comply with Article VIII of this chapter.
(154) 
Solar energy systems are subject to § 164-41E of the Zoning Law for small and medium solar energy systems or § 164-42G of the Zoning Law for large-scale solar energy systems. Solar panels are encouraged to be placed on building roofs or as solar carports covering designated parking areas, and when constructed in this way they shall be included within the calculation of building and/or parking area coverage. Where solar panels are used independently of a building or parking area, they shall be included in the determination of total lot coverage and shall not exceed the maximum lot coverage permitted by § 164-40N, Table of Bulk Requirements. Large-scale solar energy systems, where used independently of a building or parking area, shall not exceed a maximum of 15 acres or a maximum of 60% lot coverage, whichever is less. Commercial large-scale solar energy systems, as defined herein, shall not exceed a maximum of 200 acres or a maximum of 60% lot coverage, whichever is less. Commercial large-scale solar energy systems shall be subject to the following additional requirements:
[Amended 12-30-2014 by L.L. No. 7-2014; 6-11-2015 by L.L. No. 2-2015; 10-27-2016 by L.L. No. 4-2016; 4-26-2018 by L.L. No. 2-2018]
(a) 
No commercial large-scale solar energy system shall be constructed until evidence has been provided to the Planning Board that the utility company operating the electrical grid where the system is to be located has been informed of the solar system owner or operator's intent to install an interconnected commercial large-scale solar energy system. Interconnection to existing electric transmission lines shall be available on or adjoining the site of the proposed commercial large-scale solar energy system, unless interconnection to the electrical grid is provided through underground burial of all off-site utility lines needed for such interconnection.
(b) 
Removal of forested areas or any trees 12 inches in diameter at breast height or greater shall be limited to that which is necessary for the construction, operation and maintenance of the commercial large-scale solar energy system. The Planning Board may require a habitat assessment, in accordance with § 164-47.9 of the Zoning Law, if the application for a commercial large-scale solar system involves removal of forested areas or any trees 12 inches in diameter at breast height or greater. The applicant shall submit a landscape plan detailing all proposed changes to the landscape of the site including removal of any trees 12 inches in diameter at breast height or greater, temporary or permanent roads or driveways, grading, vegetation clearing and plantings, structures, screening vegetation and all other methods proposed to avoid adverse impacts on scenic viewsheds.
(c) 
If located on a farm within a New York State Agricultural District, the commercial large-scale solar energy system shall be required to prepare a farmland protection plan, prepared by the applicant and approved by the Planning Board. The farmland protection plan is based on conservation principles and shall include the entire parcel and all other contiguous parcels held in the same ownership, and shall meet the requirements set forth below. The farmland protection plan may be based on readily available GIS mapping data and is not required to be surveyed or fully engineered. The farmland protection plan shall include the following elements:
[1] 
The location of prime and statewide important agricultural soils within the tract, and the approximate total acreage of such lands.
[2] 
The location and current use of all existing structures and infrastructure.
[3] 
The location and intended use of all proposed structures, roads and other major improvements.
[4] 
A plan for decommissioning the solar system that includes measures to preserve the soil profile of identified prime and statewide significant soils on the site for future removal of the solar energy system from the site.
[7]
Editor's Note: The Table of Use Requirements is included at the end of this chapter.
K. 
Disposition of application by Planning Board.
[Amended 1-24-2002 by L.L. No. 2-2002]
(1) 
Within 62 days of the close of the public hearing, unless this time is extended by mutual consent of the applicant and Planning Board, the Planning Board shall act by resolution to approve, approve with modifications, or disapprove such site plan and/or special permit use. The decision of the Planning Board shall be certified by the Chairman of the Planning Board, filed in the Town Clerk's and Building Inspector's offices, and mailed to the applicant at the address indicated on the application within five days of the Planning Board's decision.
(2) 
A resolution of either approval or approval with modifications includes authorization to the Planning Board Chair to sign the site plan and/or special permit application upon the applicant's compliance with the submission requirements stated therein. If the Planning Board's resolution includes a requirement that modifications be incorporated in the site plan and/or special permit, conformance with these modifications shall be considered a condition of approval. If the site plan and/or special permit is disapproved, the Planning Board's resolution shall be accompanied by a statement in writing giving the grounds for denial. In such a case, the Planning Board may recommend without prejudice further study of the site plan and/or special permit application and resubmission to the Planning Board after it has been revised or redesigned.
L. 
Preliminary approval. If a particular application is, in the opinion of the Planning Board, of sufficient complexity to warrant review in stages, the Planning Board may defer the submission of certain required detailed engineering work at the time of public hearing, rendering a preliminary decision on the basis of a less than complete submission, and a final decision only on the basis of a complete submission similar to the review of a major subdivision according to Chapter 137, Subdivision of Land.
M. 
Simultaneous approvals. The Planning Board is empowered (but not required) to grant site plan approval and special use permit approval simultaneously.
[Amended 1-24-2002 by L.L. No. 2-2002]
N. 
Renewal of special permit. The Planning Board may require that a special use permit be periodically renewed, provided such condition is directly related to and incidental to the proposed use. In this case, the special use permit renewal shall be withheld only upon a determination that the conditions prescribed by the Planning Board, in conjunction with issuance of the original permit, have not been or are no longer being complied with. In such cases, a period of 60 days shall be granted the applicant for full compliance prior to the revocation of said permit. Any use authorized by the Planning Board shall be deemed to be a conforming use in the district in which such use is located, provided that:
(1) 
The provision in this chapter under which such permit was issued is still in effect;
(2) 
Such permit was issued in conformity with the provisions of this chapter; and
(3) 
Such permit shall be deemed to affect only the lot or portion thereof for which such permit shall have been granted.
O. 
Expiration of approval. In cases of a site plan and/or special use permit approval or conditional approval, the approval shall be deemed terminated if construction is not commenced within 60 months of such action, unless the applicant demonstrates there are no changed circumstances and the approval is reviewed and extended by the Planning Board.
P. 
Inspection of improvements. The Town Engineer shall be responsible for the overall inspection of site improvements, including coordination with the Building Inspector and other local officials and agencies, as may be appropriate. Reasonable expenses incurred by the Town for inspections by the designated Town Engineer, or other appropriate professionals, shall be reimbursed to the Town by the applicant in accordance with the fee schedule established and annually reviewed by the Town Board.
Q. 
Performance bond. No certificate of occupancy shall be issued for a site plan unless the installation of required infrastructure and improvements is complete. As an alternative, a performance bond or other security sufficient to cover the cost of completing the installation, as estimated by the Town Engineer, shall be furnished to the Town by the applicant. Such security shall be provided to the Town pursuant to the provisions of New York State law. Such performance bond or equivalent security shall be delivered to the Town Board to guarantee thereby to the Town that the applicant shall faithfully cause to be constructed and completed within a reasonable time the required improvements to the Town, free and clear of all encumbrances.
(1) 
Procedure. Before the Building Inspector grants a certificate of occupancy, the applicant shall provide a detailed engineer's cost estimate for all required improvements for review and concurrence by the Town Engineer following the procedure set forth below:
(a) 
The applicant shall complete all required improvements to the satisfaction of the Town Engineer, who shall file with the Town Board a letter specifying the satisfactory completion of all improvements required by the Planning Board. For any required improvements not so completed, the applicant shall file with the Town Clerk a bond or certified check covering the costs of such improvements, in addition to the cost of satisfactorily installing any improvements not approved by the Town Engineer. Any such bond shall be satisfactory to the Town Board and Town Attorney as to form, sufficiency, manner of execution and surety. The applicant shall additionally file a copy of said certified check or other performance guarantee with the Building Department.
(2) 
As-built drawing required. No required improvements shall be considered to be completed until the installation of the improvements has been approved by the Town Engineer and a map, certified by the applicant's engineer and satisfactory to the Town Engineer, has been submitted indicating the specific location of all underground utilities as actually installed. However, if the applicant chooses to provide a performance guarantee for required improvements as specified in § 164-46Q(1)(a) above, such bond or equivalent security shall not be released until the required as-built drawing is submitted and deemed satisfactory by the Town Engineer.
A. 
Purposes. In conformance with the Town of Warwick Comprehensive Plan,[1] the purposes of the Traditional Neighborhood Overlay District are as follows:
(1) 
To extend greater opportunities for traditional community living, working, housing, and recreation to all residents of the Town.
(2) 
To encourage a more efficient use of land and public services by promoting compact development in appropriate locations.
(3) 
To reduce traffic congestion and promote citizen security and social interaction by providing compact, pedestrian-oriented residential development in close proximity to shops, services, offices, civic buildings, and open space.
(4) 
To encourage a diversity of housing styles, types and sizes to accommodate households of all ages, sizes, and incomes.
(5) 
To provide a mix of uses, including residential, commercial, civic and open space uses, in a traditional configuration typical of historic hamlets and villages in the Town.
(6) 
To incorporate a system of relatively narrow interconnected streets with sidewalks and bikeways that offer multiple routes for motorists, pedestrians and bicyclists and to provide for the connections of those streets to existing and future developments.
(7) 
To ensure that new development in the district will be compatible with historic hamlet and village building patterns in the Town and will create a strong sense of community identity and neighborhood feeling experienced in traditional rural settlements.
(8) 
To promote developments where the physical, visual and spatial characteristics are established and reinforced through the consistent use of compatible neighborhood design and architectural design elements. Such elements shall relate the design characteristics of an individual structure or development in a harmonious manner, resulting in a coherent overall development pattern and streetscape.
(9) 
To retain existing buildings with historical and/or architectural features which enhance the visual character of the community.
(10) 
To enhance the function of the district as the focus of commercial and civic activities within the surrounding neighborhood, and as a desired alternative to conventional, modern use-segregated developments such as large lot suburban subdivisions and strip commercial developments.
(11) 
To preserve the rural, historic and agricultural character of the Town by directing new development to existing hamlet locations and village environs, thereby creating distinct settlements surrounded by a greenbelt of conserved lands.
(12) 
To create receiving areas in the Town where development rights can be transferred from the Agricultural Protection Overlay District and such other areas specifically mapped by the Town Board in accordance with § 164-47.4. Maximum permitted density in the TN-O District, that exceeds the underlying Zoning District density, is only achievable when such development rights have been transferred.
[1]
Editor's Note: The Comprehensive Plan is on file in the office of the Town Clerk.
B. 
Uses and general requirements.
(1) 
General. The TN-O District is an overlay district covering lands within the LB and SL Zoning Districts and is intended to provide for a range of complementary uses. TN-O Districts, when authorized in accordance with § 164-47.4, consist of two areas: neighborhood residential and main street areas. These areas are intended to provide for the diversity necessary for traditional neighborhood life, while maximizing the interactions among related uses and minimizing the adverse impacts of different uses upon each other. The minimum size of each neighborhood (excluding greenbelts and other open green periphery areas) shall be 40 acres, and the maximum size shall not exceed 200 acres. Larger parcels shall be developed as multiple traditional neighborhoods, each individually subject to the provisions herein. The Planning Board may reduce to 20 acres the minimum size of a neighborhood where it finds that the purposes of the TN-O District will be achieved and where existing public services are available. Traditional neighborhoods may be located adjacent to, but shall not be bisected by an arterial street. These areas are specified by street hierarchy as defined in § 164-47E(4), and provide for the following:
[Amended 1-24-2002 by L.L. No. 2-2002]
(a) 
Neighborhood residential areas provide locations for a broad range of housing types, including one-family detached, two-family attached, and secondary dwelling units.
(b) 
The main street area is intended primarily to meet the retail and service needs of the immediate neighborhood within two- and three-story buildings, and may contain other compatible uses, such as civic and institutional uses of community-wide importance. It also provides for upper-story residential uses. All residences should be within approximately 1/4 mile from the main street area.
(c) 
Community water and sewer facilities are required.
(d) 
Base dwelling unit count is to be determined by the underlying zoning district density. Overall unit count may be increased up to the design standards described in § 164-47C and in accordance with the formula and procedures of § 164-47.4, the Town transfer of development rights program.
(e) 
A minimum of 5% of the gross area of the neighborhood shall be designated for open space uses, such as neighborhood greens, central squares or commons, courtyards, parks, playgrounds, greenways and trails, and protected natural areas.
(f) 
A minimum of 2% of the gross area of the neighborhood shall be designated for civic uses.
(g) 
A minimum of 5% and a maximum of 15% of the gross area of the neighborhood shall be designated for workplaces.
(h) 
A minimum of 2% and a maximum of 30% of the gross area of the neighborhood shall be designated for retail uses.
(i) 
A maximum of 15% of the gross area of the neighborhood shall be designated for attached houses and small-lot (50 feet or less in width) detached houses.
(j) 
A maximum of 45% of the gross area of the neighborhood shall be designated for large-lot (50 feet or more in width) detached houses.
(2) 
Uses permitted in all areas.
(a) 
Open space uses, such as neighborhood greens, central squares or commons, courtyards, parks, playgrounds, greenways and trails, protected natural areas, and stormwater detention/retention facilities.
(3) 
Uses permitted in neighborhood residential areas.
(a) 
One-family detached dwellings.
(b) 
Two-family attached dwellings, including duplexes and townhouses, provided that all dwellings have pedestrian access to the rear yard through means other than the principal structure.
(c) 
Class 1 home occupations.
(4) 
Special uses permitted in neighborhood residential areas. The following uses are permitted as special uses subject to demonstrated compatibility with surrounding land uses and the purposes of the Traditional Neighborhood District:
(a) 
Accessory apartments. One accessory apartment unit per lot may be placed on a one-family detached residential lot within the principal building or an accessory building, and on a two-family attached residential lot within an accessory building, provided that:
[1] 
The accessory dwelling unit shall not exceed 800 square feet.
[2] 
The accessory dwelling unit shall comply with the Table of Bulk Requirements,[2] except that a detached accessory dwelling shall be limited to a maximum building height of 25 feet, shall be clearly incidental to the principal dwelling, and shall be located a minimum of 20 feet behind the front facade of the principal dwelling.
[2]
Editor's Note: The Table of Bulk Requirements is included at the end of this chapter.
[3] 
Total building coverage for all principal and accessory uses shall not exceed 60%.
[4] 
One additional off-street parking space with unrestricted ingress and egress shall be provided for the accessory unit.
[5] 
The requirements of § 164-46J(51) are observed.
(b) 
Class 2 home occupations.
(c) 
Special needs housing designed to serve senior citizens, such as community living arrangements and assisted living facilities.
(d) 
Civic uses, such as municipal offices, fire stations, and post offices.
(e) 
Places of worship, churches and related uses.
(f) 
Public and private schools and other educational facilities.
(g) 
Nursery schools.
(h) 
Railroad, public utility, rights-of-way and structures necessary to serve areas within the Town.
(5) 
Uses permitted in main street area.
(a) 
Residential uses.
[1] 
Residential uses located on upper floors above commercial uses
(b) 
Business uses.
[1] 
Retail uses serving the day-to-day needs of the immediate neighborhood.
[2] 
Neighborhood grocery stores with a building footprint not exceeding 10,000 square feet.
[3] 
Eating and drinking places including outdoor cafes subject to the provisions of § 164-46, and excluding drive-in restaurants, fast-food restaurants, and franchise architecture.
[4] 
Personal services, such as barbershops, hair salons, tailors, shoe repair and other similar small-scale service uses, serving the immediate neighborhood.
[5] 
Laundries and cleaning establishments, but excluding washing of wearing apparel on the premises, except in the case of self-service and hand laundries. On-premises cleaning of wearing apparel or household effects shall be permitted only if noncombustible solvent is used except for the incidental removal of spots with combustible solvent.
[6] 
Offices, including business, professional and medical offices.
[7] 
Banks, excluding drive-throughs unless they are located to the rear of the building.
[8] 
Accommodations, including bed-and-breakfast establishments, small hotels or inns.
[9] 
Theaters, excluding drive-ins.
(c) 
General uses.
[1] 
Civic uses, such as municipal offices, fire stations, and post offices.
[2] 
Institutional uses, such as libraries, museums, art galleries, and community meeting facilities.
[3] 
Clubs and fraternal lodges.
[4] 
Places of worship, churches and related uses.
[5] 
Mortuaries and funeral parlors.
[6] 
Public and private schools and other educational facilities.
[7] 
Indoor recreation facilities in fully enclosed structures.
(d) 
Accessory uses.
[1] 
Commercial or business buildings and structures for a use accessory to the principal use but not exceeding 30% of the gross floor area of the principal use.
[2] 
Off-street parking as determined by § 164-43.2 of this chapter, but not including semitrailer trucks.
[3] 
Off-street loading as regulated by § 164-43.2 of this chapter.
[4] 
Fencing, screening and landscaping as permitted and regulated by §§ 164-43.2 and 164-46J of this chapter.
[5] 
Signs as regulated by § 164-43.1 of this chapter.
(6) 
Special uses permitted in main street area. The following uses are permitted as special uses subject to demonstrated compatibility with surrounding land uses and the purposes of the Traditional Neighborhood District:
(a) 
Neighborhood motor vehicle service stations or garages, provided that:
[1] 
Such uses shall be located in excess of 500 feet from the main intersection of the main street area.
[2] 
Fuel dispensers shall be located to the rear of the principal building.
[3] 
Gas station canopies shall have pitched roofs, and lighting shall be from luminaries completely recessed into the ceilings of said canopies, so that the lighting elements themselves are not visible from or beyond the lot lines.
(b) 
Commercial garages or parking lots for shared or community use.
(c) 
Other commercial, civic or entertainment uses considered, in the judgment of the Planning Board, to be similar in character and intensity to permitted uses.
(7) 
Special cases in the main street area.
(a) 
Outdoor cafes. Restaurant uses shall be permitted to operate outdoor cafes on sidewalks, including areas within the public right-of-way, and in courtyards, provided pedestrian circulation or access to store entrances shall not be impaired. The following standards and guidelines are applicable:
[1] 
To allow for pedestrian circulation, a minimum of five feet of sidewalk along the curb and leading to the entrance of the establishment shall be maintained free of tables or other encumbrances.
[2] 
Planters, posts with ropes or other removable enclosures are encouraged and shall be used as a way of defining the area occupied by the cafe.
[3] 
Extended awnings, canopies or large umbrellas shall be permitted and located to provide shade. Colors shall complement building colors.
[4] 
Outdoor cafes shall be required to provide additional outdoor trash receptacles.
[5] 
Tables, chairs, planters, trash receptacles and other elements of street furniture shall be compatible with the architectural character of the building where the establishment is located.
[6] 
Outdoor cafes shall not be entitled to additional signage over and beyond what is permitted for this type of establishment.
[7] 
The operators of outdoor cafes shall be responsible for maintaining a clean, litter-free and well-kept appearance within the area of their activities.
 164-cafe.tif
(b) 
Sidewalk displays. Commercial uses shall be permitted to have sidewalk displays of retail merchandise. The following standards and guidelines are applicable:
[1] 
Sidewalk displays are permitted directly in front of an establishment, provided at least five feet of clearance is maintained at the storefront entrance, or wider if needed for adequate and uncluttered pedestrian access, provided the display cases are located against the building wall and not more than two feet deep, and provided the display area does not exceed 50% of the length of the storefront.
[2] 
Display cases shall be permitted only during normal business hours, and shall be removed at the end of the business day. Cardboard boxes shall not be used for sidewalk displays.
[3] 
Sidewalk displays shall maintain a clean, litter-free and well-kept appearance at all times and shall be compatible with the colors and character of the storefront from which the business operates.
(8) 
Performance standards in the main street area. Consistent with the general purposes of the Traditional Neighborhood District, performance standards shall apply to control potentially objectionable external aspects of business uses. No use shall be maintained, established, altered, moved or expanded in the main street area unless it complies with the performance standards set forth below. Continued conformance with such standards shall be a requirement for the continuation of any certificate of occupancy.
(a) 
The proposed use shall not constitute a nuisance to the neighborhood due to hours of operation, noise or loitering.
(b) 
The emission of smoke, gas, dust, odor, or other atmospheric pollutant shall be reasonably minimized outside the building in which the use is conducted.
(c) 
Untreated or insufficiently treated wastes shall be prevented from discharge into any watercourse.
(d) 
Vibration, heat or electromagnetic interference shall not be disseminated beyond the immediate site on which the use is located.
(e) 
No use shall be permitted that presents a physical hazard by reason of fire, explosion, radiation or any similar cause.
(f) 
No use shall be permitted where it is determined by the Planning Board that the type and number of vehicle trips it is estimated to generate would be expected to produce unusual traffic hazards or congestion or cause or induce emissions which may be expected to interfere with the maintenance of air quality standards established by the United States Environmental Protection Agency, the New York State Department of Environmental Conservation or other regulatory agency having jurisdiction due to the design or capacity of the street system, the relationship of such proposed use to surrounding or nearby commercial or residential uses or other factors affecting air pollution arising from mobile source activity.
(g) 
Vehicular-oriented commercial land uses, such as car washes, and drive-through businesses that would have a disruptive effect on the pedestrian orientation of the district shall be prohibited.
(h) 
No loading or unloading shall take place nearer than 35 feet from any residence zone boundary.
C. 
Density determination and dimensional standards.
(1) 
Neighborhood residential areas.
(a) 
One accessory apartment per dwelling unit shall be considered a special use in addition to the number of dwelling units authorized under this section. As a condition of the granting of a special use permit, the adequacy of water and/or sewer shall be determined by the Planning Board.
(2) 
Bulk standards in neighborhood residential areas.
(a) 
Block layout. The block layout shall be designed to create blocks that are generally rectilinear in shape, with variations as needed for topographic, environmental, and other design considerations. Street layouts should provide for perimeter blocks that are generally in the range of 200 to 400 feet deep and 400 to 800 feet long. Alleys shall be permitted to bisect blocks, and a continuous network of alleys providing through access to the rear of lots is encouraged.
 164-Gstrgrid.tif
(b) 
Lot size diversity. A variety of lot sizes should be provided to eliminate the appearance of a standardized subdivision and to facilitate housing diversity and choice that meets the projected requirements of people with different housing needs. Lot widths should create a relatively symmetrical street cross section that reinforces the public space of the street as a simple, unified public space.
[1] 
One-family detached lots shall have a minimum lot area of 5,000 square feet and a maximum lot area of 15,000 square feet. Two-family attached lots shall have a minimum lot area of 3,000 square feet per unit and a maximum lot area of 6,000 square feet per unit.
[2] 
Lot widths shall range from 20 to 80 feet.
(c) 
Build-to line. Each block shall be designed with a uniform build-to line that shall establish the front yard setback for the lots on the block. The function of the build-to line is to form a distinct street edge and define the border between the public space of the street and the private space of the individual lot. The build-to line shall fall between the minimum and maximum front yard setbacks. In areas of existing development where existing buildings fall within the minimum and maximum front yard setbacks, the build-to line shall be designed to create the greatest uniformity on the block. In areas of existing development where existing buildings do not fall within the minimum and maximum front yard setbacks, the build-to line shall be designed as the closest line within the minimum and maximum front yard setbacks so as to create as much uniformity on the block as possible.
 164-Zerolotlinecon.tif
(d) 
Building setback, front.
[1] 
Principal building: minimum of zero feet, maximum of 25 feet. Structures with a front setback of five to 15 feet must provide a front porch or stoop on the front facade of the structure.
[2] 
Garages, carports and secondary dwelling units. A minimum of 20 feet behind the front facade of the principal building shall be provided.
(e) 
Building setback, rear.
[1] 
Principal building: minimum of 30 feet.
[2] 
Accessory buildings (excluding rear-loaded garages and carports): minimum of five feet.
[3] 
Rear-loaded garages and carports: minimum of 20 feet from the paved edge of alley or nine feet to the alley right-of-way.
(f) 
Building setback, side: 20% of the lot width; side setbacks may be allocated to one side only, with zero feet on the other side.
(g) 
Minimum lot depth: 100 feet.
(h) 
Maximum coverage: 60%.
(i) 
Maximum building height: 35 feet (except for civic building cupolas and towers, which can be up to 50 feet in height, and church steeples, which can be up to 75 feet in height).
(j) 
Number of stories: minimum of two stories, maximum of three stories.
(k) 
Units per acre. Central water and sewer services are required. For design purposes, the minimum number of dwelling units shall be four units per acre and the maximum number of dwelling units shall be eight units per acre.
(3) 
Dimensional standards in the main street area.
(a) 
Lot area: The minimum lot area shall be determined by adding 20% to the land area needed for the structure, on-lot parking, ingress/egress, and any on-site infrastructure that is required. The additional 20% shall constitute setbacks and landscaped buffers.
(b) 
Lot width at front yard setback line: minimum of 25 feet.
(c) 
Minimum lot depth: 100 feet.
(d) 
Build-to line: zero feet; buildings should abut the sidewalk. The build-to line may be increased to 10 feet if additional space is landscaped as a garden, courtyard, or outdoor seating or dining area. Entries may be recessed up to five feet.
 164-buildsetbacks.tif
(e) 
Side yard (each side): minimum of zero feet if attached to an adjacent building, or a minimum of five feet if not attached to an adjacent building but used as a courtyard or pedestrianway; maximum of 20 feet if used as a courtyard or a drive to parking in rear of the building.
(f) 
Rear yard: minimum of 55 feet to accommodate a sixteen-foot alley abutting the rear lot line and one or two rows of perpendicular parking
(g) 
Grade: First finished floor level must be level with the sidewalk grade.[3]
[3]
Editor's Note: The three subsections which immediately follow were originally designated as Subsection C(3)(g), (h) and (i). They were redesignated as Subsection C(3)(h), (i) and (j) 10-24-2002 by L.L. No. 6-2002.
(h) 
Maximum building coverage: 70%.
(i) 
Maximum building height: 35 feet. To create a visually unified street wall, buildings should be no more than 30% taller or 30% shorter than the average building height on the block, except for civic building cupolas and towers, which can be up to 50 feet in height, and church steeples, which can be up to 75 feet in height.
(j) 
Number of stories: minimum of two stories, maximum of three stories.
D. 
Neighborhood and architectural design standards.
(1) 
Standards for all areas. The standards established in this section are for the purpose of promoting quality development that is attractive, convenient and compatible with surrounding uses and historic buildings in the Town. These standards are intended to be general in nature and not to restrict creativity, variety or innovation.
(a) 
Standards for existing buildings.
[1] 
Existing buildings, if determined to be historic or architecturally significant, shall be protected from demolition or encroachment by incompatible structures or landscape development.
[2] 
The U.S. Secretary of the Interior's Standards for Rehabilitation of Historic Properties shall be used as the criteria for renovating historic/architecturally significant buildings.
(b) 
Standards for new buildings. All new buildings and remodeling or expansions of existing buildings, exclusive of buildings determined to be historic/architecturally significant, shall meet the following minimum structural and architectural design standards:
[1] 
Building placement. Buildings shall define the streetscape through the use of uniform setbacks along the build-to line for each block. The build-to line shall be generally continued across side yard setback areas between buildings by using landscaping. The streetscape shall also be reinforced by lines of closely planted shade trees, and may be further reinforced by walls, hedges or fences which define front yards.
 164-47D(1)(b)-1.tif
[2] 
Architectural character. Buildings may be either traditional in their architectural character, or be a contemporary expression of traditional styles and forms respecting the scale, proportion, character and materials of historic village and hamlet structures.
[3] 
Architectural variety. A variety of architectural features and building materials is encouraged to give each building or group of buildings a distinct character.
[4] 
Scale. The scale of new construction, including the arrangement of windows, doors and other openings within the building facade, shall be compatible with historic buildings in the Town.
[5] 
Building mass. Buildings of 40 feet or more in width shall be visually divided into smaller increments to reduce their apparent size and contribute to a human-scale development. The mass of these buildings shall be deemphasized in a variety of ways through architectural details such as divisions or breaks in materials, window bays, separate entrances and entry treatments, variation in rooflines, awnings, or the use of sections that may project or be recessed up to 10 feet.
 164-multi_storied_bldgs.tif
[6] 
Articulation of stories. Buildings shall clearly delineate the boundary between each floor of the structure through belt courses, cornice lines, canopies, balconies, or similar architectural detailing.
[7] 
Consistent cornice lines. Attached buildings within the same block shall maintain consistent cornice lines in buildings of the same height within two-family attached, nonresidential, or mixed use structures.
[8] 
Fenestration. Windows and other openings shall have proportions and a rhythm of solids to voids similar to historic buildings in the Town.
[9] 
Front facade. The front facade of the principal building on any lot shall face onto a public street. The front facade shall not be oriented to face directly toward a parking lot.
[10] 
Roof materials. Desired roof materials include slate (either natural or man-made), shingle (either wood or asphalt composition) and metal formed to resemble standing seams. Roof color should be traditional, meaning that it should be within the range of colors found on historic buildings in the Town. Specifically excluded are white, tan or blue shingles, red clay tiles, and corrugated metal. The use of fascias, dormers and gables is encouraged to provide visual interest. All gables shall be functional.
[11] 
Exterior wall materials. Exterior wall materials may include stucco, wood clapboard, wood shingle, native stone, or brick of a shape, color and texture similar to that found in the historic buildings in the Town. Concrete block and metal structures shall be prohibited. No buildings shall be sided with sheet aluminum, asbestos, corrugated metal, plastic or fiberglass siding.
[12] 
Colors. Colors used for exterior surfaces shall be harmonious with surrounding development and shall visually reflect the traditional colors of historic structures in the Town. Examples of incompatible colors include metallic, neon, and primary colors, which shall be limited to accents. When accent colors are proposed, the number of colors should be limited to prevent a gaudy appearance. Specifically prohibited shall be brick that is white, tan or painted; color shall be integral to the masonry materials.
[13] 
Fire escapes. Fire escapes shall be located to the rear of buildings.
[14] 
Accessory structures. All accessory structures, screen walls, and exposed areas of retaining walls shall be of a similar type, quality, and appearance as the principal structure.
(2) 
Additional standards for neighborhood residential areas.
(a) 
In order to be consistent with the scale of buildings in traditional villages and hamlets, no single building shall contain more than 3,500 square feet.
(b) 
Buildings shall have traditional sloping roofs with a minimum pitch of 9:12, and with overhanging eaves. Horizontal eaves shall face the street, with the exception of civic and institutional buildings and places of worship, which may have the gable end facing the street.
(c) 
Porches, pent roofs, roof overhangs, hooded front doors or other similar architectural elements shall define the front entrance to all residences.
(d) 
Porches must be at least four feet wide.
(e) 
Garages, carports and secondary units shall be located a minimum of 20 feet behind the front facade of the principal building.
 164-47D(2)(e).tif
(3) 
Additional standards for main street area.
(a) 
Multiple uses. Buildings shall be designed for multiple uses, with offices and/or residential units on upper stories.
(b) 
Building placement. Buildings shall generally be located close together with minimal side yard areas in order to form a fairly continuous row of shop fronts. Buildings shall be located as close to the front lot line as allowed by the zoning to reinforce the street wall and facilitate pedestrian access and circulation.
(c) 
Exterior public and semipublic spaces. Exterior public and semipublic spaces, such as courtyards or central squares, shall be designed to enhance surrounding buildings and provide amenities for users, in the form of textured paving, landscaping, lighting, street trees, benches, trash receptacles and other items of street furniture, as appropriate. Courtyards shall have recognizable edges defined on at least three sides by buildings, walls, landscaping, and street furniture, in order to create an outdoor room with a strong sense of enclosure.
(d) 
Building footprint. In order to be consistent with the scale of buildings in traditional villages and hamlets, no single building shall have a building footprint exceeding 5,000 square feet. Exceptions may be made only if the facades of larger buildings are articulated to appear as multiple buildings, each with a maximum building footprint of 5,000 square feet.
(e) 
Building roof. Flat roofs with articulated parapets and cornices may be allowed. Sloping roofs shall have a minimum pitch of 9:12, and with overhanging eaves.
(f) 
Building facades. Building facades shall provide architectural detail, and such detail, including eaves, columns, pilasters, cornices, windows and window surrounds, canopies, fascia, and roofs, shall be proportionate with the building and compatible with historic buildings in the Town. The architectural features, materials, and the articulation of a facade of a building shall be continued on all sides visible from a public street. Concrete block shall be permitted on rear walls only.
 164-47D(3)(f).tif
(g) 
Shopfront design. Shopfront design shall be based upon historic examples in the area. A minimum of 50% of the front facade on the ground level shall be transparent, consisting of display windows or door openings allowing views into and out of the interior to create visual interest at the street level. Windows shall be distributed in a more or less even manner consistent with the rhythm of voids and solids of historic buildings, and shall have low sills and high lintels consistent with the window proportions of historic buildings. Doorways, windows and other openings in the facade shall be proportioned to reflect pedestrian scale and movement. Traditional canvas awnings without interior illumination are encouraged.
 164-47(3)(g).tif
(h) 
Entries. Primary entries to shopfronts shall be emphasized through the use of architectural features such as roofs, recessions into the facade, pilasters or other details that express the importance of the entrance.
(i) 
Mechanical equipment. All mechanical equipment, such as furnaces, air conditioners, elevators, transformers, and utility equipment, whether roof- or ground-mounted, shall be completely screened from contiguous properties and adjacent streets in a manner that is compatible with the architectural treatment of the principal structure.
(j) 
Landscaping. Landscaping shall be in accordance with the requirements of § 164-46H(8)
(k) 
Loading and service areas. Loading and service areas must be completely screened with a one-hundred-percent visually impervious buffer, except at access points, from the ground level view from contiguous property and adjacent streets.
(l) 
Outdoor storage. There shall be no outdoor storage of either materials or products.
(m) 
Trash storage. Trash storage and recycling areas shall be completely enclosed and screened from public view and adjoining buildings in a manner compatible with the architectural treatment of the principal structure.
E. 
Circulation system. The circulation system shall allow for different modes of transportation and shall include streets, sidewalks, bicycle paths and routes, and pedestrianways. It shall provide adequate traffic capacity, connected pedestrian and bicycle routes (especially off-street bicycle or multi-use paths or bicycle lanes on the streets), control through traffic, limit lot access to streets of lower traffic volumes, and promote safe and efficient mobility through the neighborhood. The street system shall provide functional and visual links within the residential neighborhoods and adjoining mixed-use, civic, commercial, and open space uses, and shall be connected to existing and proposed external development. The following circulation standards shall apply, except as such standards may be changed from time to time by nationwide organizations, such as the Institute of Traffic Engineers:
(1) 
Pedestrian circulation. Convenient and pleasant pedestrian circulation systems shall be provided continuously throughout the district. Where feasible, any existing pedestrian routes through the site shall be preserved and enhanced. All streets, except for alleys, shall be provided with continuous sidewalks in accordance with the specifications listed in Table 1.[4] The following provisions also apply:
(a) 
Sidewalks shall be made of modular masonry materials, such as brick, slate, and concrete pavers, or concrete with brick borders or cast-in-place materials, such as exposed aggregate concrete slabs. In order to ensure consistency, the final decision on sidewalk material shall rest with the Planning Board. Asphalt sidewalks are specifically prohibited.
(b) 
In the main street area, clear and well-lighted walkways shall connect building entrances to the adjacent public sidewalk and to any parking areas. Such walkways shall be a minimum of six feet in width, and shall be landscaped where feasible with trees, shrubs and other plant materials meeting the requirements of § 164-46H(8).
(c) 
Intersections of sidewalks with streets shall be designed with clearly defined edges. In the main street area, crosswalks shall be provided at all street intersections and shall be well lit and clearly marked with contrasting paving materials at the edges or with striping.
(d) 
Sidewalks shall comply with the applicable requirements of the Americans with Disabilities Act.
[4]
Editor's Note: Table 1, Attributes of Streets in the Traditional Neighborhood District, follows Subsection E(4)(a)[4].
(2) 
Bicycle circulation. Bicycle circulation shall be accommodated on streets and/or on dedicated bicycle paths. Where feasible, any existing bicycle routes through the site shall be preserved and enhanced. Facilities for bicycle travel may include off-street bicycle paths (generally shared with pedestrians and other nonmotorized users) and separate, striped, four-foot bicycle lanes on streets. In the main street area, if a bicycle lane is combined with a lane for parking, the combined width should be 14 feet.
(3) 
Public transit access. Where public transit service is available or planned, convenient access to transit stops shall be provided. Where transit shelters are provided, they shall be placed in highly visible locations that promote security through surveillance and shall be well-lighted.
(4) 
Motor vehicle circulation. Motor vehicle circulation shall be designed to minimize conflicts with pedestrians and bicycles. Traffic calming features, such as queuing lanes, curb extensions, roundabouts, and medians may be used to encourage slow traffic speeds. The street system shall act as a functional and visual link between neighborhoods, civic and commercial areas, and open space.
(a) 
District street hierarchy. Each street shall be classified according to the following criteria. Arterial streets are considered interregional roads that convey traffic between hamlets and villages. Arterials should not bisect residential areas including traditional neighborhood districts.
[1] 
Main street. This street acts as a collector and provides access to commercial or mixed-use buildings, but it is also part of the Town's major street network. Parallel on-street parking helps to slow traffic. Additional parking is provided in lots to the rear or side of buildings.
[2] 
Medium-volume residential street. This street provides primary access to individual residential properties and connects streets of lower and higher function.
[3] 
Low-volume residential street. This street provides primary access to individual residential properties. Traffic volumes are relatively low.
[4] 
Alley. These streets provide secondary access to residential properties where street frontages are narrow, where the street is designed with a narrow width to provide limited on-street parking, or where alley access development is desired to increase residential densities. Alleys may also provide delivery access or alternate parking access to commercial or mixed-use properties. Utilities shall run along alleys wherever practical.
 164-TypicalMainStr.tif
 164-Typmedvolres.tif
 164-TypLowVolres.tif
Attributes of Streets in the Traditional Neighborhood District
[Amended 1-24-2002 by L.L. No. 2-2002]
Medium- Volume Residential Street
Main Street
Low- Volume Residential Street
Residential Access Lane
Alley
Average daily trips
750-1,500
750 or more
250-750
Less than 250
Not applicable
Right- of-way (feet)
48 - 72
70 - 88
35 - 55
40 - 55
12 - 16
Design speed (mph)
25
30
20
20
10
Auto travel
2 10-foot lanes
2 or 3 12-foot lanes
2 10-foot lanes, or 1 14-foot (queuing) lane
1 14-foot travel (queuing) lane
2 8-foot lanes for 2-way traffic, or 1 12-foot lane for 1-way traffic
Bicycle
4-foot lanes with no parking, or 6-foot lanes com- bined with parking lanes
2 6-foot lanes combined with parking lanes
None
None
None
Parking
None, one or both sides, 8 feet
Both sides, 8 feet
None or one side, 8 feet
1 side or both sides
None (access to individual drives and garages outside right-of-way)
Curb and gutter
Required; granite block curbing recom- mended, asphalt curbing prohibited
Required; granite block curbing recom- mended, asphalt curbing pro- hibited
Not required; inverted curb permitted under certain conditions
Not required inverted curb permitted under certain conditions
At corners of intersections with other street types only
Planting strips (feet)
Minimum 6
Minimum 6
Minimum 6
Minimum 6
None
Sidewalks
Both sides, 3 - 5 feet
Both sides, 6 - 10 feet
Both sides, 3 - 5 feet
One or both sides 3 - 5 feet
None
(b) 
Street layout.
[1] 
The street layout shall form an interconnected system of streets primarily in a rectilinear grid pattern. New development should maintain the existing street grid, where present, and restore any disrupted street grid where feasible.
[2] 
The orientation of streets should enhance the visual impact of common open spaces and prominent buildings, create lots that facilitate passive solar design, and minimize street gradients.
[3] 
All streets shall terminate at other streets or at public land, except low-volume residential streets may terminate in stub streets when such streets act as connections to future phases of development. Low-volume residential streets may terminate other than at other streets or public land when there is a connection to the pedestrian and bicycle path network at the terminus.
[4] 
To the greatest extent practical, streets shall either continue through an intersection, or terminate with a "T" intersection directly opposite the center of a building, or a view into an open space area.
[5] 
The use of culs-de-sac and other roadways with a single point of access shall be used only where no other alternatives exist. Where culs-de-sac are deemed to be unavoidable, continuous pedestrian circulation shall be provided for by connecting sidewalks that link the end of the cul-de-sac with the next street or open space.
[6] 
A minimum of two interconnections with the existing public street system shall be provided where practical. Linkages to adjacent developments and neighborhoods with pedestrian and bicycle paths are recommended where practical.
[7] 
Intersections shall be at right angles whenever practical, but in no case less than 75°. Low volume streets may form three-way intersections creating an inherent right-of-way assignment (The through street receives precedence.) that significantly reduces accidents without the use of traffic controls.
[8] 
To slow turning vehicle traffic and shorten pedestrian crosswalks, the roadway edge at street intersections shall be rounded by a tangential arc with a maximum radius of 15 feet for local streets and 20 feet for intersections involving collector or arterial streets. The intersection of a local street and an access lane or alley shall be rounded by a tangential arc with a maximum radius of 10 feet.
 164-Str_intersec.tif
[9] 
Curb cuts for driveways to individual residential lots shall be prohibited along arterial streets. Curb cuts in the neighborhood residential area shall be limited to intersections with other streets or access drives to parking areas located to the rear or side of buildings. Clear sight triangles shall be maintained at intersections, as specified below, unless controlled by traffic signal devices:
Intersection of
Minimum Clear Sight Distance
(feet)
Local street and collector
120
Collector and collector
130
Collector and arterial
50
[10] 
Alleys shall be permitted to bisect blocks and to provide secondary access to adjoining properties. The following provisions apply:
[a] 
Alleys shall be treated as private streets and shall not be dedicated to the Town. Alleys may be dedicated to the property owners' association or may be dedicated as common easements across the rear portions of lots.
[b] 
Any lot having access from an alley shall additionally front upon a public street.
[c] 
Curbing shall not be required except at corners of intersections with other street types. At such corner locations, curbing shall be required for the entire corner radius and five feet preceding same. Such curbing shall not extend more than six inches above the finished pavement.
[d] 
Alley lighting shall be provided on all garages or on utility poles or lighting poles adjacent to parking areas. Lighting fixtures and lighting poles shall be of consistent architectural style and shall complement the predominant architectural theme.
[e] 
Design speed shall not exceed 10 miles per hour.
F. 
Streetscape standards. Streets shall be designed to serve as a public space that encourages social interaction and that balances the needs of all users, including pedestrians, bicyclists and automotive traffic. To create the appropriate character of the street as a public space, the following streetscape specifications shall apply:
(1) 
Planting strips. Sidewalks shall be separated from street curbs by a planting strip not less than six feet wide, planted with shade trees. In the main street area, the six-foot-wide planting strip may be paved from the curb to the sidewalk, with street trees planted in tree wells of a sufficient size to allow for mature tree growth.
[Amended 1-24-2002 by L.L. No. 2-2002]<