[HISTORY: Adopted by the Town Board of the Town of Orangetown 9-26-1983 by L.L. No.
9-1983. Amendments noted where applicable.]
In order to ensure that proposed development and use of land
within the Town of Orangetown will have a harmonious relationship
with existing or permitted use of contiguous land and of adjacent
neighborhoods and so as to ensure that the health, safety, welfare,
comfort and convenience of the public is fully considered, this local
law is hereby enacted pursuant to the provisions of § 274-a
of the Town Law of the State of New York.
The Planning Board of the Town of Orangetown, hereinafter called "Planning Board," is authorized to review and approve, approve with modifications or disapprove site plans prepared to specifications set forth hereinafter or in the Land Development Regulations (Chapter 21 of the Code of the Town of Orangetown).
A.
CONSERVATION EASEMENT
MAJOR TREES
SITE PLAN
As used in this local law, the following terms shall have the meanings
indicated:
An area which shall remain forever undisturbed and preserved
in its natural state. There shall be no excavation, cutting, removal,
alteration, destruction or clearing of perennial or annual vegetation,
including trees or the disturbance of soil. The Director of the Office
of Building, Zoning and Planning Administration and Enforcement, or
his representative, shall have the authority to eliminate an unsafe
condition. A conservation easement agreement acceptable to the Town
Attorney's office shall be recorded at the expense of the applicant,
in the Rockland County Clerk's office, along with the deed of
conveyance, and shall constitute a covenant running with the land.
[Added 2-22-1999 by L.L. No. 2-1999[1]]
Deciduous trees eight inches in diameter or greater and eight-inch
caliper or greater measured at 4 1/2 feet above root collar.
Evergreens over 10 feet in height or five-inch caliper at 4 1/2
feet above root collar.
[Added 12-27-1995 by L.L. No. 41-1995]
An arrangement evidencing the proposed development of a single
lot, whether for one principal building and permitted accessory buildings
or for a group of buildings intended to remain in one ownership.
[1]
Editor's Note: This local law also provided that it shall
take effect immediately upon passage by the Town Board and shall apply
to all lands as described therein, with the exception of properties
that have been granted preliminary approval by the Planning Board.
B.
This local law also applies to cooperatives or condominium units
on a single lot.
[Amended 9-4-2018 by L.L.
No. 11-2018]
A.
No building
permit or certificate of occupancy shall be issued, other than for
a single- or two-family residence and structures accessory thereto,
except for a building or use that is in conformity with a site development
plan approved by the Planning Board,
B.
Approval
of a site plan by the Planning Board is required for the development
or redevelopment of any property or structure for a new use, the expansion
or relocation of any existing use, or a change of use. A change of
use of a building. structure or lot is interpreted for purposes of
this code as:
A.
An application for a permit for any building, other than a single-
or two-family residence and structures accessory thereto, shall be
referred to the Planning Board by the Inspector within 10 days after
the Inspector receives the complete application in proper form. The
applicant shall provide such plans and other information as the Land
Development Regulations and this local law require.
B.
Where the Code of the Town of Orangetown or any general law having
jurisdiction requires referral of an application hereunder to another
body or agency, such as, but not limited to, the Town Board, Zoning
Board of Appeals, County Planning Board, Architecture and Community
Appearance Board of Review and Department of Public Works, the said
application shall first be referred to the said body or agency, and
the decision of the said body or agency shall be binding upon the
Planning Board to the extent provided by the law requiring such referral.
[Amended 10-16-1995 by L.L. No. 23-1995]
Each application for site plan review shall be accompanied by
a nonreturnable fee as set by resolution of the Town Board.
A.
Before rendering a decision, the Planning Board shall consider the
site development plan in relation to:
(1)
Substantial conformance with any prior decisions of the Board of
Appeals or the Town Board.
(2)
The intent of the Zoning Code, the Town Development Plan and this
local law.
(3)
The relationship between the principal buildings and structures on
the parcel and all accessory buildings, structures and uses.
(4)
The bulk and lines of proposed structures, the grading plan and the
required screening for any adjacent properties.
(5)
Any potential nuisance features of the use of the parcel.
(6)
The convenience and safety of the parking and loading areas, interior
circulation system and the access to public streets, walkways and
lighting.
(7)
The adequacy of all drainage, sewage disposal, fire protection and
other facilities.
(8)
Provisions for the prevention of soil erosion.
(9)
Compliance with all applicable laws and regulations.
(10)
Such other criteria as relate to the health, safety and general
welfare of the surrounding community and the comfort and convenience
of the general public and residents of the immediate neighborhood.
B.
The Planning Board shall review the plan or any amendment thereto.
In considering the approval of the site development plan, the Planning
Board shall take into consideration the following guidelines, in addition
to the general purposes heretofore set forth:
(1)
Traffic access and egress. The proposed traffic access and egress
is designed for maximum safety and is adequate in width, grade, alignment,
sight distance and other safety controls, devices and facilities.
(2)
Circulation and parking. Adequate off-street parking and loading
spaces are provided according to the existing zoning, and the interior
circulation system is adequate to provide safe accessibility to all
required off-street parking.
(3)
Exterior lighting. The location, power, direction and time of any
exterior lighting of the site shall have no adverse effect upon any
properties in adjoining residence districts by impairing the established
character or the potential use of properties in such districts and
shall be approved by the Architecture and Community Appearance Board
of Review.
(4)
Screening and landscaping. All playground, parking, loading, public and other service areas are to be reasonably screened at all seasons from the view of adjacent lots and streets, and the scale and quality of the screening and landscaping of the site are to enhance the character of the neighborhood, and all proposed trees and all existing major trees in accordance with § 21-25 of the Land Development Regulations[1] shall be shown on the site plan and shall be approved
by the Architecture and Community Appearance Board of Review.
[Amended 2-22-1999 by L.L. No. 2-1999[2]]
[2]
Editor's Note: This local law also provided that it shall
take effect immediately upon passage by the Town Board and shall apply
to all lands as described therein, with the exception of properties
that have been granted preliminary approval by the Planning Board.
(5)
(6)
Soil stockpiles. Designated areas of stockpiled soil shall be protected
from erosion by implementing applicable erosion and sediment control
devices, and such locations and details shall be provided on the site
plan.
[Added 2-22-1999 by L.L. No. 2-1999]
(7)
Soil and erosion control devices. These devices shall be approved
by the Department of Environmental Management and Engineering and
installed by the applicant prior to the commencement of any clearing,
development and construction on the site, including the removal of
trees.
[Added 2-22-1999 by L.L. No. 2-1999]
(8)
Natural and other significant features. All streams, ponds, wetlands,
steep slopes, major trees, rock outcrops and other elements of scenic,
ecological and historic value are preserved insofar as possible.
(9)
Fire protection. All proposed structures, equipment or material shall
be readily accessible for fire protection.
(10)
Drainage. A drainage system which would afford a practical and
functional solution to any drainage problems, including off-site improvements
necessary to properly handle increased runoff. Buildings and other
improvements shall be arranged to reduce soil erosion and flood hazard
insofar as possible.
(11)
Design features, approved by the Architecture and Community
Appearance Board of Review.
(a)
Front, side or rear building elevations visible from a street,
including the size and arrangement of doors, windows, porticos, garages,
chimneys or other openings or breaks.
(b)
Other significant design features, such as, but not limited
to, materials, color, roof shape, exposed mechanical equipment, service
and storage enclosures, signs, landscaping, retaining walls, parking
areas, loading docks, dividing walls, fences and lighting posts.
(12)
Facilities for storage and collection of recyclables. The plan
shall include provisions for the collection and disposition of recyclable
materials, as specified under state, county and Town laws, so as to
permit the storage and removal of such containers. The plan for location,
storage area and removal of all recyclable materials must be prepared
by the developer and submitted for approval of the Town Recycling
Coordinator or such other person as designated by the Town Board.
Storage areas must also meet all local building and fire codes.
[Added 1-22-1990 by L.L. No. 1-1990]
Prior to the determination of an application for site development plan approval, the Planning Board will request and review the approvals and the recommendations of the Architecture and Community Appearance Board of Review (ACABOR), Project Review Committee, Department of Public Works and other Town agencies as required (§ 21A-5B) and as necessary as to the considerations listed in § 21A-7. Failure to make such written reports within 45 days after such report has been requested shall be deemed to be a favorable report.
The Planning Board may require that improvements be installed,
including, but not limited to drainage systems, waste disposal provisions,
sidewalks and curbs, extensions of existing public facilities, monumentation
and as-built drawings. All improvements shall be constructed in accordance
with Town specifications. The Planning Board may further require easements
or dedication for road widening and utility purposes. All such easements
and property interests approved by the Town Attorney must be granted
or dedicated prior to issuance of a permit.
[Added 9-13-2004 by L.L. No. 9-2004]
A.
Sites reserved. Pursuant to § 274-a(6) of the Town Law
of the State of New York, before the Planning Board may approve a
site development plan containing more than one residential dwelling
unit, the Planning Board may require that land be reserved for parks
and playgrounds or other recreation purposes in locations designated
on the Town Plan or Official Map, or otherwise where it deems that
such reservations would be appropriate. Each reservation shall be
of suitable size, dimension, topography and general character, and
shall have adequate road access, for the particular purposes envisioned
by the Planning Board. The area shall be shown and marked on the site
development plan "reserved for recreation purposes." When recreation
areas are required, the Planning Board shall determine the number
of acres to be reserved from the following table, which has been prepared
on the basis of providing two acres of recreation area for every 100
families. The Planning Board may refer such reservations to the appropriate
Town agency for recommendations. Reservation of parkland, playgrounds
or lands for recreational purposes shall not be required for single-family
conversion applications submitted pursuant to § 4.5 of the
Zoning Chapter of the Code of the Town of Orangetown, so long as such
application does not seek approval of any new construction creating
new floor area greater than 600 square feet.
|
TABLE OF RECREATION REQUIREMENTS
| |
|---|---|
|
Existing Zoning District
|
Percentage of Total Land in Site Development Plan to be
Reserved for Recreation Purposes
|
|
Residence R-80
|
1
|
|
Residence R-40
|
2
|
|
Residence R-22
|
4
|
|
Residence R-15
|
6
|
|
Multifamily Residence District (MFR)
|
2 per unit
|
|
Residence RG
|
10
|
|
Planned Adult Community (PAC)
|
8
|
|
CS (Community Shopping)
|
2 per unit
|
B.
Minimum size of park and playground reservations. In general, land
reserved for recreation purposes shall have an area of at least four
acres. When the percentages from the table above would create less
than four acres, the Planning Board shall require that the recreation
area be located at a suitable place on the edge of the site development
plan so that additional land may be added at such time as the adjacent
land is developed. In no case shall an area of less than two acres
be reserved for recreation purposes if it will be impractical or impossible
to secure additional lands in order to increase its area.
C.
Recreation sites. Generally, land reserved for recreation purposes
shall be of a character and location suitable for use as a playground,
play field or other recreation purposes, and shall be relatively level
and dry. A recreation site shall generally have a total frontage on
one or more streets of at least 100 feet, and no other dimension of
the site shall be less than 200 feet or as approved by the Planning
Board. The Planning Board may refer any site development plan proposed
to contain a dedicated park to the appropriate Town agency for its
recommendation. All land to be reserved for dedication to the Town
for park purposes shall have prior approval of the Town Board.
D.
Other recreation reservations. None of the subsections above shall
be construed as prohibiting a developer from reserving other land
for recreation purposes in addition to the requirements of this section.
E.
Alternative procedure; money in lieu of land. Where the Planning
Board, after consultation with the Orangetown Park Development Advisory
Committee, deems, with respect to a particular site development plan,
that a reservation of land would be inadequate in size for park or
playground use, either above or in conjunction with abutting reservations
on adjoining land developments, or is otherwise inappropriate for
such use, the Planning Board shall waive the requirement for such
reservation with the condition that the applicant deposit with the
Town Board, prior to the signing of the site plan by the Clerk of
the Boards or other designated individual, a cash payment in lieu
of land reservation. Such deposit shall be placed in a special fund,
and each such deposit shall be separately identified to show the name
and location of the site development plan for which the deposit was
made. Such deposit shall be used by the Town for neighborhood parks,
playgrounds or recreation areas, including the acquisition of property
and/or development thereof. However, such deposit must be used within
a reasonable period of time, and such expenditure must be for facilities
that will be actually available to and benefit the persons in said
site development plan. The Planning Board shall determine the amount
to be deposited based on the formula established by resolution of
the Town Board.
(1)
Specifications on parklands to be dedicated to the Town. The
developer shall do the following prior to dedication of the park,
playground, play field or other recreational facility, and the estimated
cost of such work shall be included in a performance bond:
(a)
Clean the park site.
(b)
Grade property to final contours, as approved by the Planning
Board, so as to provide a usable self-draining site.
(c)
All topsoil is to remain or all topsoil will be provided, as
may required by the Planning Board, for development of the site.
(d)
The area is to be seeded and planted in the same manner as the
subdivision regulations provide for one-family houses or in accordance
with the requirements of the Planning Board.
(e)
Trees are to be provided as required by the Planning Board on
all road frontages.
(f)
Curbs and sidewalks are to be installed along all street frontages.
(g)
Curb cuts are to be provided as directed by the Planning Board.
(h)
Stabilized slopes are required.
(i)
All sewers and utilities are to be brought to the site.
Where improvements are required as set forth in § 21A-9 above, a performance bond, sufficient to cover the full cost of salary, as estimated by the Planning Board, shall be furnished to the Town by the owner. Such performance bond shall be issued by a surety or bonding company approved by the Town Board and shall be approved by the Town Attorney as to the legal adequacy of the bond's form and manner of execution. Such performance bond shall run for a term fixed by the Planning Board, not to exceed two years, unless extended by consent of the Planning Board, and shall be approved and filed prior to issuance of any permit.
[Added 7-24-2006 by L.L. No. 12-2006]
Whenever the Town Engineer has reasonable grounds to believe that the construction of any public improvements as set forth in § 21A-9 and as required pursuant to final site plan approval by the Planning Board is not being performed in conformity with the final site plan and/or the requirements and specifications as set forth by the Town Engineer in authorizing said improvements or as otherwise required by law, he shall notify the owner of the property, or the owner's agent or the person performing the work, to suspend work, and any such persons shall forthwith stop such work and suspend construction activities until the stop order has been rescinded. Such order and notice shall be in writing, shall state the conditions under which construction may be resumed, including remediation of any defective or deficient condition in the construction of the improvements as determined by the Town Engineer, and may be served upon a person to whom it is directed either by delivering it personally to him or by posting the same in a conspicuous location in the area wherein the construction is taking place or about to take place and sending a copy of the same by registered or certified mail.
No certificate of occupancy shall be issued for the property
until the improvements shown upon the site plan, as required by the
Planning Board, have been duly installed. Where a performance bond
has been required, a certificate of occupancy may be issued, subject
to prior approval of the Planning Board, where the bond has been duly
approved and filed.
Prior to the issuance of a permit, the owner shall pay the Department
of Public Works an inspection fee of 3% of the estimated cost of the
improvements. This inspection fee is in addition to all other fees
required. The estimated cost and fee shall be approved by the Department
of Public Works.
A.
Application. Application shall be made on forms provided by the Planning Board, accompanied by the fee as specified in § 21A-6, together with a list and stamped, addressed envelopes of the names and addresses of adjacent property owners.
B.
Plans to be submitted.
(1)
A vicinity map, eight sets or more, at a convenient scale, a minimum
of one inch equals 1,000 feet, to show the relation of the proposed
use to the adjacent properties and to the general surrounding area.
The vicinity map shall show all roads, schools, firehouses, Town,
county and state property, watercourses, district boundaries and parks
and other public spaces within 1,500 feet of the tract.
(2)
A site development plan at a scale not to exceed one inch equals
50 feet, showing:
(a)
The name of the development, location in reference to the Rockland
County and Orangetown real estate records, graphic scale, datum, true
North arrow, date, name and address of the record owner, name, license
number and seal and signature of the professional engineer and land
surveyor, districts, typical notes, etc.
(b)
Boundaries of the property and existing lot lines, by metes
and bounds.
(c)
Existing public streets, easements or other reservations of
land and existing and designated street widths of adjacent streets.
(d)
Existing buildings and structures on the site and final disposition.
(e)
Existing structures on abutting lots within 200 feet of the
site lot line.
(f)
Existing and proposed contours with intervals of two feet or
less extended to 100 feet beyond the site elevations at all lot corners.
(g)
The location of existing watercourses, utility lines and dimensions,
fire hydrants, waterlines, drainage and waste disposal facilities,
major trees, wooded areas, rock outcrops and marshes.
[Amended 12-27-1995 by L.L. No. 41-1995]
(h)
The location, dimensions and detailed design of all proposed
buildings, structures, walkways, fences, driveways and properties
thereof, off-street parking and loading areas, screening, landscaping,
outdoor lighting, signs, drainage systems, sanitary sewers, means
of access, easements, fire hydrants, monuments at all lot corners
and angle points, concrete sidewalks and curbs, traffic circulation
routes, fire lanes, if necessary, and playgrounds as necessary.
(i)
An indication of all zoning bulk requirements and a parking
schedule showing the number of spaces provided and required by the
Zoning Code.
(j)
The plan for the control of drainage, erosion and sedimentation
as may be required by the Planning Board.
(4)
The Planning Board may require additional data where it is warranted
due to special conditions of the site or complexity of the proposed
development or the potential impact of the proposed development to
the environment.
A.
The Planning Board shall fix a time, within 45 days from the day
an application for site plan approval is made, for the public hearing
of any matter referred to under this local law and give public notice
thereof by the publication in the official newspaper of such hearing
at least five days prior to the date thereof and shall decide the
same within 45 days after such hearing; provided, however, that the
time within which the Planning Board must render its decision may
be extended by mutual consent of the applicant and the Planning Board.
The decision of the Planning Board shall immediately be filed in the
office of the Town Clerk and a copy thereof mailed to the applicant.
Nothing herein shall preclude the holding of a public hearing on any
such matter on which a public hearing is not so required.
B.
Failure to render such decision shall be considered an approval of
the site development plan.
C.
Any person aggrieved by any decision of the Planning Board or any
officer, department, board or bureau of the Town may apply to the
Supreme Court for review by a proceeding under Article 78 of the Civil
Practice Law and Rules. Such proceedings shall be instituted within
30 days after the filing of a decision in the office of the Town Clerk.
D.
If, within two years after final site plan approval has been granted
by the Planning Board, no building permits have been issued and/or
performance bond (if required as a condition of approval) has been
furnished to the Town of Orangetown for construction of public improvements,
the final site plan approval decision of the Planning Board shall
be deemed to be rescinded, and no permits shall be issued unless and
until a new site plan has been approved in accordance with the Town
of Orangetown site plan regulations.
[Added 7-24-2006 by L.L. No. 12-2006]
[Added 9-22-2008 by L.L. No. 5-2008]
A.
Any public hearings on applications for pre-preliminary, preliminary
and/or final site plan approval by the Board pursuant to this chapter
and New York Town Law must be advertised at least once in a newspaper
of general circulation pursuant to the terms and conditions of New
York Town Law § 274-a, as amended.
B.
In addition, all applicants, at least 10 days prior to any public
hearings on applications for preliminary and/or final site plan approval
by the Board pursuant to this chapter and New York Town Law, shall
send written notice by first-class mail to all owners within 200 feet
of the property as measured from the front, side, and rear lot lines
of the subject parcel (excluding public roadways, rights-of-way, and
property owned by any public utility or public entity in measuring
the 200 feet), as well as all properties within 200 feet of the subject
parcel along both sides of any street or roadway on which the subject
parcel abuts, at the applicant's expense. Prior to mailing the
notification, the applicant shall be responsible for generating a
list of all property owners required to receive notice pursuant to
this section. The written notices, in properly addressed and stamped
envelopes, shall be returned to the Clerk of the Planning Board for
the purpose of mailing from the Clerk's office. Property owners
entitled to such notice shall be those listed as owners on the record
in the Town of Orangetown Tax Assessor's office as of the date
of the mailing. The written notice shall contain information on a
form provided by the Clerk of the Planning Board and shall include
the date and time of the hearing and to be continued as necessary,
the name and address of the applicant and the applicant's attorney,
if any, the street address of the property, the Tax Map designation
of the property, the nature of the application, and an indication
that further information on the application is available at the Office
of Building, Zoning, Planning and Enforcement. Failure of a property
owner whose name appears on the affidavit of property owners to receive
the notice shall not affect the validity of the public hearing or
any action taken thereat by the Board.
C.
All applicants are further required to erect signs containing information regarding the public hearing, as set forth in Subsection B of this section, on every lot corner and at least once every 100 feet thereafter, facing each public street on which the property abuts, giving notice that such application has been made and that a public hearing will be held. Such signs shall be obtained from the Chief Clerk to the Planning Board or his/her designee. Such signs are to be displayed for a period of not less than five days immediately preceding the hearing date or any adjourned hearing date. The sign shall not be set back more than 10 feet from any property or street line, shall not be less than two feet or more than six feet above grade at the property line, and shall be clearly visible from the property line.
D.
At the commencement of any public hearing, the applicant must file
an affidavit, with the Clerk of the Planning Board, which states that
the aforementioned notices have been complied with, and said affidavit
shall include a list of the names and addresses of all property owners
to whom notices were sent pursuant to this section and a statement
that said properties are the only properties required to be notified
pursuant to this section. The Board shall not proceed with the hearing
unless the affidavit has been filed.
E.
In addition to the notice requirements contained herein, any applications with respect to the following projects shall require that written notice by mail be made pursuant to Subsection B of this section to all property owners within 500 feet of the proposed project:
(1)
High-tension transmission lines.
(2)
Railroad and bus terminals.
(3)
Satellite dish antennas.
(4)
Public utility substations.
(5)
Hotels and motels.
(6)
Radio and television towers.
(7)
Public parking garages.
(8)
Airports and heliports.
(9)
Elevated standpipe and water tanks.
(10)
Sandpits, gravel pits (mining), and topsoil, landfill and excavation
operations, all of which are not in accordance with the construction
of buildings, structures or roads.
If any part or provision of this local law or the application
thereof to any person or circumstance is adjudged invalid by any court
of competent jurisdiction, such judgment shall be confined in its
operation to the part, provision or application directly involved
in the controversy in which such judgment shall have been rendered
and shall not affect or impair the validity of the remainder of this
local law or the application thereof to other persons or circumstances.
The Town Board hereby declares that it would have enacted the remainder
of this local law even without any such part, provision or application.
All portions of all local laws and ordinances of the Town of
Orangetown inconsistent with the provisions of this local law are
hereby repealed. Nothing contained herein shall be deemed or construed
so as to dilute or otherwise limit the powers of the Architecture
and Community Appearance Board of Review or the Historical Areas Board
of Review, except as expressly set forth herein, and except that where
this law is inconsistent with the powers of the Architecture and Community
Appearance Board of Review or the Historical Areas Board of Review,
the provisions of this law shall prevail.
This local law shall take effect upon publishing and posting
and upon filing a copy with the Secretary of State as required by
law.
