Town of Orangetown, NY Additional Use Regulations

Establishment and membership. There shall be an Industrial Use Committee of five members, hereinafter referred to as the "IUC." The members shall consist of i) the Commissioner of Orangetown's Department of Environmental Management and Engineering ("DEME"), who shall serve at its Chairperson, ii) Orangetown's Chief Fire Safety Inspector, iii) the Director of Orangetown's Office of Building, Zoning and Planning Administration and Enforcement ("OBZPAE"), iv) Orangetown's Public Health Engineer, and v) the Deputy Commissioner of DEME or his or her designee who shall be a member of DEME staff. A majority of the full membership of the IUC, regardless of vacancies, absences or recusals, shall constitute a quorum. The Town Board may remove any member of the IUC for cause and may then appoint a replacement member who has similar qualifications.

Powers. The IUC is authorized and empowered to review applications requesting a determination for conformance to the performance standards for uses, operations and occupancies subject to performance standards (§ 4.1), pursuant to the procedures set forth herein. The IUC shall also be responsible for review of an alleged noncompliance with the performance standards by an industrial user to determine whether remedial action is necessary and to bring the industrial user into compliance with the applicable performance standard(s), which review shall include the approval of remedial action, as necessary. Meetings of the IUC shall be open to the public pursuant to Article 7 of the New York State Public Officers Law. The IUC's meetings shall not be conducted by a public hearing and the public shall not have a right to be heard; however, the industrial user/applicant shall be offered an opportunity to be heard, and the IUC may invite members of the public to submit reports or correspondence, or to be heard at a meeting, subject to any restrictions, limitations or guidelines that the IUC Chairperson deems appropriate.

Procedures for review of an application requesting an IUC determination that a proposed use conforms to the performance standards.

Application. An application for a review requesting an IUC determination that a proposed use conforms to the performance standards shall be submitted to the Building Inspector in septuplicate on a form prescribed by the IUC, which shall include, but not be limited to, a description of the industrial user's operations, which shall be prepared, and signed, by a person who is qualified to answer the questions and submit documentation on behalf of the applicant. Upon receipt, this application shall be referred by the Building Inspector to the IUC. The applicant shall also submit in septuplicate a plan of the proposed construction, installations or development, including a description of the proposed machinery, operations, products and specifications for the mechanism and techniques to be used or operated to comply with the applicable performance standards set forth in § 4.1, in accordance with rules prescribed by the IUC specifying the type of information required in such plans and specifications, and an affidavit by the applicant acknowledging his or her understanding of the applicable performance standards and agreement to conform with same at all times.

Unless deemed necessary, by the IUC, for the IUC to undergo a proper review, no applicant will be required to reveal any secret or proprietary processes, and, if any such information is submitted to the IUC, it shall be treated as confidential if requested by the applicant, but only if the information constitutes a trade secret, or, if disclosed, would cause substantial injury to the competitive position of the applicant, within the meaning of NYS Public Officers Law § 87(2)(d). The applicant has the burden to substantiate, to the IUC, the applicant's assertion that the information constitutes a trade secret, or, if disclosed would cause substantial injury to the competitive position of the applicant.

The fee for an application requesting the IUC's review to determine conformance with the performance standards shall include the establishment of an escrow account, pursuant to § 14-9 of the Code of the Town of Orangetown ("Orangetown Code"), which escrowed funds shall be for the purpose of reimbursing the Town for the anticipated estimated costs of the IUC's expert consultants' investigations and reports required to process the application, described in the succeeding Subsection (ii) below; and which escrowed funds may be drawn or disbursed by the Town without obtaining permission or authorization from the applicant.

The Chairperson of the IUC shall determine whether an application, requesting the IUC's review to determine conformance with the performance standards, is complete; and the Chairperson may confer, informally, with the IUC, so long as a quorum of the IUC does not participate in any such conference, or may engage or retain expert consultant(s) to advise and assist the Chairperson with respect to determining completeness of an application, the fees of which consultant(s) shall be paid by the industrial user (as per Orangetown Code § 14-9).

Report by expert consultants. The IUC, in its discretion, may refer the application, for investigation and report, to one or more expert consultants selected by the IUC as qualified to advise as to whether a proposed use will conform to the applicable performance standards specified in § 4.1, in accordance with § 4.13, the fees of which consultants shall be paid by the applicant, as per Orangetown Code § 14-9.

(iii)

The IUC's review of an application requesting a determination that a proposed use conforms to the performance standards entails the IUC engaging in a review of an application to determine compliance with technical requirements and is, therefore, a Type II action, exempt from environmental review, pursuant to SEQRA regulation § 617.5 of 6 NYCRR Part 617.

(iv)

Determination of the IUC. In no event more than 60 days after the IUC Chairperson determines that an application is complete, or within such further period as agreed to by the applicant and the IUC, the IUC shall determine whether the proposed use will conform to the applicable performance standards. Such determination of the IUC shall be in written form and signed by the Chairperson, and shall be filed in the offices of the Orangetown Town Clerk, OBZPAE and DEME, and shall constitute a public record. Any permit or certificate of occupancy issued by the Building Inspector shall be conditioned on, among other things, the applicant's completed use, operation, occupancy, buildings, structures, installations, machinery, equipment and appurtenances, while being used and in operation, conforming to the IUC's determination of conformance and applicable performance standards, and the applicant's paying the fees for services of the IUC's expert consultant, or consultants, deemed reasonable and necessary by the IUC for advice as to whether or not the applicants completed use, operation, occupancy, buildings, structures, installations, machinery, equipment and appurtenances will, while being used and in operation, conform to the applicable performance standards.

Annual monitoring and reporting.

Each and every year, on or before June 1, every industrial user shall submit an affidavit to the Building Inspector, sworn to and signed, under oath, by a qualified professional, attesting that the use, occupancy, operations, processes and methods, and the completed buildings, structures, installations, machinery, equipment and appurtenances, that were determined by the IUC to be in conformance with the applicable performance standards, as part of an application to the IUC for review of performance standards conformance, have not been altered, modified or changed, in any material manner whatsoever, other than routine maintenance and repair. If the Building Inspector determines that the said affidavit has not been executed by a qualified professional, the Building Inspector may reject the affidavit.

If the use, occupancy, operations, processes or methods or the completed buildings, structures, installations, machinery, equipment or appurtenances, that were determined to conform to the performance standards by the IUC, as part of an application to the IUC for review of performance standards conformance, have been altered, modified or changed, in any material manner whatsoever, other than routine maintenance and repair, then the industrial user shall submit, to the Building Inspector, a new description of the industrial user's use, occupancy and operations, in form and substance as described in § 4.121(c)(i); and, in addition, the industrial user shall apply for performance standards review by the IUC, in accordance with § 4.1, if determined to be necessary by the Building Inspector. In making such determination, the Building Inspector may confer, informally, with the IUC, so long as a quorum of the IUC does not participate in any such conference, or may engage or retain expert consultant(s) to advise and assist with respect to such alterations, modifications or changes, the fees of which consultants shall be paid by the industrial user (as per Orangetown Code § 14-9).

4.13.

Initial and continued enforcement provisions.

[Added 7-13-2021 by L.L. No. 6-2021[1]]

Initial, and continued, compliance with performance standards is required of every nonresidential use, or change in such use, operations or occupancy, including, but not limited to, those specified in § 10.231(c) in all zoning districts where such nonresidential uses are subject to § 4.1. All building permits and certificates of occupancy issued for a use subject to § 4.1 are conditioned, and contingent, upon the industrial user conforming to the performance standards, and the industrial user's paying of the fees, to the Town of Orangetown, for services of Orangetown's own expert consultants deemed reasonable and necessary by the Industrial Use Committee, for said consultants' inspections, investigations, research, studies, tests, advice and/or reports to determine compliance by the industrial user with the performance standards (§ 4.1).

The industrial user's initial, and continued, compliance with the performance standards (§ 4.1) shall include the following:

Upon reasonable notice, the industrial user's consent to inspections, investigations, and/or testing on the industrial user's site by OBZPAE, DEME, and/or the Orangetown-retained expert consultants. Such inspections, investigations, and/or testing shall be conducted while all mechanical equipment, machinery, installations and systems, that are appurtenant to the use that is subject to the performance standards (§ 4.1), are in full operation to the extent, type and/or degree that OBZPAE, DEME, and/or the Orangetown-retained expert consultants reasonably deem necessary to verify compliance with the applicable performance standards. In the event of an imminent threat to the health and welfare of the surrounding community, access to the industrial user's site for purposes of such an inspection shall be permitted upon the request of OBZPAE and/or DEME.

The industrial user's full, and complete, compliance with the performance standards (§ 4.1) shall not supersede requirements for compliance with any and all laws, statutes, rules and regulations of the New York State Department of Environmental Conservation and federal Environmental Protection Agency, or any other state or federal law, rule or regulation that also may regulate the use, occupation and/or occupancy that is subject to the performance standards (§ 4.1).

OBZPAE and/or DEME shall investigate any alleged violation of, or noncompliance with, the performance standards (§ 4.1) by the industrial user. Such investigation shall be conducted in accordance with § 4.13(b)(i).

Except as provided in § 4.13(g), OBZPAE and/or DEME shall refer the industrial user to the IUC for review of the alleged violation or noncompliance with the performance standards (§ 4.1). Upon receiving such referral, the IUC may further investigate the alleged violation or noncompliance if the IUC deems it necessary in its discretion, and, for such further investigation, the IUC may utilize, or retain, the services of OBZPAE, DEME, and/or the Orangetown-retained expert consultants.

If, after providing the industrial user reasonable advance notice and an opportunity to be heard, the IUC determines that a condition of noncompliance exists, then the IUC may direct the industrial user to develop a remedial action plan to address the condition of noncompliance. Such a plan shall be developed for presentation to the IUC within 30 days of its request unless the IUC extends this period. The IUC shall not conduct a public hearing, but shall provide the industrial user with reasonable advance notice and an opportunity to be heard. If the industrial user i) fails to appear before the IUC, ii) fails to develop a remedial action plan, or iii) presents a the remedial action plan that inadequately addresses the condition of noncompliance, then the IUC may, after providing the industrial user reasonable advance notice and an opportunity to be heard, revoke and rescind its determination of conformance with the performance standards (issued under § 4.1). Upon such revocation and rescission of the IUC's performance standards conformance determination, any building permit and/or certificate of occupancy that was issued pursuant to the IUC's performance standards conformance determination (§ 4.1) shall also be deemed revoked and rescinded.

If a remedial action is determined to be satisfactory, or determined to be satisfactory with conditions, by the IUC, then, upon such determination, implementation of the remedial action by the industrial user shall be a condition of any active and open building permit(s) and the eventual certificate(s) of occupancy relating to same; or, if there are no active and open building permit(s), then implementation of the plan shall be incorporated, automatically and by operation of law, into the most recent subsisting certificate(s) of occupancy.

If OBZPAE and/or DEME reasonably determines, based on an investigation conducted pursuant to § 4.13(c), that a violation of or noncompliance with the performance standards exists that constitutes an imminent threat to the health and welfare of the surrounding community, then OBZPAE and/or DEME may forego referring a condition of noncompliance to the IUC under § 4.13(d) and proceed to undertake enforcement against an industrial user through the prosecution of an alleged violation(s) in the Orangetown Justice Court pursuant to §§ 10.2, 10.6 and/or 24C-3C, and/or commencement of a civil action or proceeding in the New York State Supreme Court, pursuant to New York State Town Law §§ 135(1) and/or 268(2). However, OBZPAE's and/or DEME's election to forego referring a condition of noncompliance to the IUC shall not be deemed a waiver or relinquishment of OBZPAE's and DEME's rights to proceed with such referral if either (or both) should elect to do so, whether contemporaneously while the Justice Court prosecutions and/or NYS Supreme Court civil action or proceeding are pending, or after any such prosecutions, and/or civil action or proceeding, have concluded.

Editor's Note: This ordinance also repealed former Subsection 4.13, Initial and continued enforcement provisions.

4.14.

Nonconforming uses. No use established before the effective date of this code and nonconforming as to performance standards shall be required to conform therewith, except manufacturing uses in R Districts, as provided in § 9.364.

4.15.

Restrictions on creation of dangerous and objectionable elements. Every use subject to performance standards shall conform to the restrictions set forth in §§ 4.16, 4.17 and 4.18.

4.16.

Measurement at the point of emission. The existence of the following dangerous and objectionable elements shall be determined at the location of the use creating the same or at any point beyond, and these shall be limited as follows:

4.161.

Fire and explosion hazards. All activities and all storage of flammable and explosive materials at any point shall be provided with adequate safety devices against the hazard of fire and explosion and adequate fire-fighting and fire-suppression equipment and devices in accordance with the Fire Prevention Code of the Town of Orangetown.[2] Storage of explosives is prohibited except in accord with Article 16 of the Labor Law of the State of New York and regulations established thereunder, and provided that no more than 50,000 pounds be stored in any one magazine. Burning of waste materials other than leaves, brush, cut timber and similar material burned in accord with approved forestry practices, and more than two bushels of dry papers or cardboard burned in open fires in any one day, is hereby prohibited. The relevant provisions of other state and local laws and regulations shall also apply.

Editor's Note: See Ch. 15, Fire Prevention Code.

4.162.

Radioactivity or electrical disturbance. There shall be no activities which emit dangerous radioactivity at any point. There shall be no electrical disturbances (except from domestic household appliances and from communications equipment subject to control of the Federal Communications Commission or appropriate federal agencies) adversely affecting the operation at any point of any equipment other than that of the creator of such disturbance.

4.163.

Smoke.

(a).

There shall be no emission and/or discharge to the atmosphere from any chimney, stack, vent or otherwise, of visible black, gray or white smoke other than that caused by steam, of a shade darker than No. 1 on the Ringelmann Smoke Chart for not more than four minutes in any 30 minutes, or exhibiting greater than 20% opacity (six-minute average) per EPA Method 9.

(b).

Exceedance during two consecutive days requires the opacity producer to conduct EPA Method 9 analysis within two business days of occurrence, or evaluate continuous opacity monitoring systems (COMS) during the same period. A facility-responsible person must notify the Town within one business day of receiving the assessment results, as well as provide any other credible evidence. The Town will evaluate compliance and determine further action.

4.164.

Fly ash, dust, fumes, vapors, gases and other forms of air pollution derived from combustion.

(a).

There shall be no emission and/or discharge which can cause damage to the health of humans or other animals, or vegetation, buildings or structures, or other forms of property, or which can cause excessive soiling. Emissions related to combustion must comply with the standards and regulations set forth in the New York State Department of Environmental Conservation's 6 NYCRR 227, Stationary Combustion Installations, as amended and/or supplemented from time to time, as applicable.

(b).

Ash, dust, fumes, vapors, gases and other forms of air pollution not derived from combustion. There shall be no emission and/or discharge which can cause any damage or injury to the health of humans and other animals, or vegetation, buildings or structures or other forms of property, or which can cause excessive soiling.

(c).

Emissions of air contaminants to the outdoor atmosphere from any process emission source or emission point are restricted in accordance with the New York State Department of Environmental Conservation's 6 NYCRR 212, Process Operations, as amended and/or supplemented from time to time, as applicable.

4.165.

Liquid or solid wastes. There shall be no discharge at any point into any private sewage-disposal system or stream or into the ground of any materials in such a way or of such nature or temperature as can contaminate any water supply or otherwise cause the emission of dangerous or objectionable elements, except in accord with standards approved by the State Department of Health, Water Pollution Control Board or County Health Department. There shall be no accumulation of solid wastes conducive to the breeding of rodents or insects.

4.17.

Measurement at the lot line. The existence of the following dangerous and objectionable elements shall be determined at the lot line of the use creating the same or at any point beyond said lot line, and these shall be limited as follows:

4.171.

Vibration. There shall be no vibration which is discernible to the human sense of feeling for three minutes or more duration in any one hour of the day between the hours of 7:00 a.m. and 7:00 p.m. or of 30 seconds or more duration in any one hour between the hours of 7:00 p.m. and 7:00 a.m. No vibration at any time shall produce an acceleration of more than 0.1 g or shall result in any combination of amplitudes and frequencies beyond the safe range of Table 7, United States Bureau of Mines Bulletin No. 442, Seismic Effects of Quarry Blasting, on any nearby structure. The methods and equations of said Bulletin No. 442 shall be used to compute all values for the enforcement of this section.

4.18.

Measurement at other specified points. The existence of the following dangerous and objectionable elements shall be determined at or beyond the different locations in different districts in relation to the establishment under consideration, and these shall be measured as follows: (a) in any R District and CS, CC, CO, OP and MFR Districts, 25 feet from the principal building in any direction or at the lot line if closer; (b) in LO, LIO and LI Districts at the boundary of the R or MFR District nearest the establishment in any direction, provided that such measurement shall not be taken from a point located on any property owned or occupied by the applicant. [For the purpose of investigating any purported violation of §§ 4.181, 4.182 and 4.183, as provided in § 8.335, observations shall be taken on at least three nonconsecutive days at no less than three points along or beyond the lines specified in (a) or (b) above. The angles between the lines connecting any two adjacent points of measurement and the establishment shall be as nearly equal as possible. If only three points of measurement are used, such angles shall be at least 60°. When more than three points are used, such angles shall be reduced proportionately.] The limitations on these elements are as follows:

4.181.

Noise.

(a).

The sound-pressure level of noise radiated continuously from a facility at nighttime shall not exceed the values given in Table I in any octave band of frequency, in order to provide an environment free from noise that affects a reasonable person's well-being or use, enjoyment or value of property, or that interferes with a reasonable person's repose of life, or would unreasonably or unnecessarily interfere with public health, safety or welfare.

(b).

In the event of noise complaints arising from residents, commercial, or other Town inhabitants, the sound-pressure level shall be measured with a sound-level meter and an octave band analyzer that conform to specifications published by the equipment manufacturers, and such standards as published by the American National Standards Institute (ANSI), the American Society for Testing and Material, or other contemporary standards-establishing organization accepted in the United States.

(c).

Unless otherwise resolved with the Town, the owner or operator of the location/source of such elevated, complaint-producing noise, shall prepare and provide a noise monitoring plan to the Town within 10 business days of written notice by the Town, and such plan shall be implemented within 10 business days of plan approval by the Town (unless extended by the Town, if the plan requires the ordering, purchase and/or installation of equipment, but such extension should be no longer than the time period to order, purchase and install such noise mitigation equipment), and the written report of such monitoring shall be provided to the Town within 10 business days following completion of noise monitoring. Failure to meet noise compliance will result in cessation of the offending noise source until compliance is met. The noise monitoring plan will employ "A-weighting" unless another weighting scale is more appropriate based on industry standards, and shall address:

(i).

The number and location of monitoring sites;

(ii).

The timing and frequency of surveys;

(iii).

Methods and standards to be followed. This will include methods used to identify and remove measurement results for time periods affected by sound associated with any temporary events or activities (such as noise from nonrelated construction or other activities), and during periods where wind speeds exceed five m/s or the rainfall rate exceeds six mm/hour; and

(iv).

Time frames for monitoring and reporting to the Town in the event they are otherwise than stated in this performance standard.

TABLE I
Maximum permissible sound-pressure levels at specified points of measurement for noise radiated continuously from a facility between the hours of 10:00 p.m. and 7:00 a.m.
Frequency Band Cycles per second	*Sound Pressure Level Decibels A-Weighted Scale (dBA) Re. 0.002 dyne/cm.**²
20-75	69
75-150	54
150-300	47
300-600	41
600-1,200	37
1,200-2,400	34
2,400-4,800	31
4,800-10,000	28

*"A-weighted" scale (dBA) is the filtering of sound measurement to account for the perceived loudness of noise not necessarily correlating with sound levels. Sound level meters set to A-weighting minimize low-frequency noise similar to the human ear. Sound intensity is measured in units of decibels, dB.

If the noise is not smooth and continuous and is not radiated between the hours of 10:00 p.m. and 7:00 a.m., one or more of the corrections in Table II below shall be added to or subtracted from each of the decibel levels given above in Table I.

TABLE II
Type of Operation of Character of Noise	Correction in Decibels
Daytime operation only	Plus 5
Noise source operates less than 20% of any one hour	Plus 5*
Noise source operates less than 5% of any one-hour period	Plus 10*
Noise source operates less than 1% of any one-hour period	Plus 15*
Noise of impulsive character (hammering, etc.)	Minus 5
Noise of periodic character (hum, screech, etc.)	Minus 5

*	Apply one of these corrections only.

4.182.

Odors.

[Added 7-13-2021 by L.L. No. 6-2021[3]]

No person or business entity shall emit, or cause, generate or produce the emission of, or allow to be emitted, objectionable odors beyond the property borders of the emitting source.

Odors shall be deemed objectionable when an exceedance of the standard in § 4.182(b) is documented by the Town in accordance with the procedures in this section, thereby evidencing that the odor is offensive, foul, unpleasant, or repulsive, and likely could, or does, cause injury, detriment, nuisance or annoyance to persons or to the public.

A documented assessment shall be performed by the Building Inspector or Code Enforcement Officer utilizing an olfactory field instrument calibrated in accordance with the instrument's operational standards and manufacturer's specifications. In utilizing this olfactory field instrument, one volume of odorous air shall be diluted with seven volumes of odor-free air. A detection shall have occurred if, after such dilution, an odor remains perceptible to the user. Measurement of objectionable odors shall follow the measurement methodology set forth at § 4.18.

Repeated complaints. If the Town receives five or more complaints from individuals representing separate households or businesses over the course of a seven-day period, or 15 or more complaints over the course of a thirty-day period, a Building Inspector or Code Enforcement Officer, after investigation, which to the extent reasonably possible includes a meeting with the industrial user, may issue a notice of repeated reported occurrence ("notice") to the industrial user alleged to be emitting the odors. The notice shall require the industrial user to meet with the IUC for evaluation of the reported complaints and formulation of a remedial action if an objectionable odor is documented in accordance with § 4.182(b), as determined to be necessary by the IUC, and in accordance with §§ 4.121(b), 4.13(e) and 4.13(f). The Town's odor complaint records shall include:

Name, address, email and phone number of complainant;

Time and date of submission of complaint to the Town;

(iii)

Description of nuisance odor;

(iv)

Estimated location or source of nuisance odor; and

(v)

If possible, prevailing wind or weather conditions observed.

[3]

Editor's Note: This ordinance also repealed former Subsection 4.182, Odors.

4.183.

Glare. No direct or sky-reflected glare, whether from floodlights or from high-temperature processes, such as combustion or welding or otherwise, so as to be visible at the specified points of measurement. This restriction shall not apply to signs otherwise permitted by the regulations.

§ 4.2 Additional regulations for signs and artificial lights.

4.21.

General controls over signs: No sign, billboard, advertising display or structure, poster or device shall be erected, moved, enlarged or reconstructed except as expressly permitted in this Code. State, County and Town signs and private traffic signs installed for public purposes shall be excluded from the total sign area permitted for business and advertisement signs where used solely for traffic safety and direction.

[Amended 3-23-2021 by L.L. No. 2-2021]

4.22.

(Reserved)[1]

Editor's Note: Former § 4.22, Prohibited signs, was repealed 3-23-2021 by L.L. No. 2-2021. See now Ch. 31C, Signs.

4.23.

Sign allowances for units of lot frontage. The number and sizes of accessory signs provided in Use Table, Column 5, shall apply, provided that the district regulations permit:

To each street frontage for corner lots or through lots.

To each unit of street frontage of not less than 500 feet abutting any lot.

Where sign allowances are combined to form a single sign, such sign shall not exceed a maximum of 30 feet in height or 300 square feet in sign area, set back 75 feet, and may list the name of the shopping center plus tenants.

4.24.

Note: near Parkway. Within 500 feet of the right-of-way of the Palisades Interstate Parkway, all signs two square feet or more in area must have the permission of the Palisades Interstate Park Commission or an authorized representative thereof.

4.25.

Advertising signs. See §§ 4.32E and 9.362.

[Amended 3-12-1990 by L.L. No. 3-1990]

4.26.

Subdivision signs:

An advertising sign is to be allowed at the entrance of a subdivision under construction. A total sign area of two square feet for each house and a maximum of 60 square feet of sign are permitted.

The subdivision sign is to be nonilluminated and set back a minimum of 15 feet from any street, except at street intersections where the setback shall be 25 feet.

No directional signs advertising subdivisions or buildings shall be posted without Building Department approval and the landowner's permission. Such signs shall not exceed four in number and shall be located within a one-mile distance as measured along roads from the subdivision.

All subdivision advertising is to be removed upon completion of the project, which shall be prior to the request for the last certificate of occupancy in the subdivision. Removal shall be at that time.

4.27.

The exterior lighting of a lot, in every zone, shall be accomplished so that no direct rays therefrom are visible elsewhere than on the lot where such illumination occurs.[2]

[Added 8-15-1988 by L.L. No. 5-1988]

Editor's Note: Former § 4.28, Temporary signs, added 8-15-1988 by L.L. No. 5-1988, as amended, which immediately followed this section, was repealed 3-23-2021 by L.L. No. 2-2021. See now Ch. 31C, Signs.

§ 4.3 Special permit uses; special findings and additional requirements and conditions for certain uses.

4.31.

Special findings. Before granting a special permit under § 10.333 for any use in Use Table, Column 3, the Board of Appeals (or the Town Board, where specified) shall make the following special findings (as well as any additional requirements and conditions set forth for any specific use in the Use Table and in § 4.32), that the proposed use as described and represented by the applicant: (1) Will be appropriately located with respect to transportation, water supply, waste disposal, fire and police protection and other public facilities. (2) Will not cause undue traffic congestion or create a traffic hazard. (3) Will not create at any point of determination set forth in §§ 4.16, 4.17 and 4.18 any more dangerous and objectionable elements referred to in § 4.11 than is characteristic of the uses expressly permitted as of right in the same district. (4) Will not adversely affect the character of or property values in the area. (5) Will not otherwise impair the public health, safety, morals, convenience, comfort, prosperity and other aspects of the general welfare of the Town. (6) Will comply with all other regulations applicable to such use. For all special permit uses a proposed plan showing the size and location of the lot, design and location of the proposed facilities [including access drives, screening and streets within 1,000 feet] and a detailed description thereof must be submitted in accordance with rules prescribed by the Board. (7) Before any special permit is granted, the applicant must secure approval of the proposed drainage structure by the Town Engineer or the consulting engineers for the Town of Orangetown. The drainage criteria for special permit uses shall be the same as the drainage criteria in the Highway Specifications of the Town of Orangetown and the Orangetown Subdivision Regulations.[1] The special permit shall also require that where it is not practical to install the permanent drainage facilities prior to the completion of the work for which the special permit is granted, it will be necessary for temporary drainage structures to be provided so that all surrounding properties are protected from flooding hazards during construction of the project for which the special permit is issued. No permit shall be issued by the Inspector unless and until a drainage plan approved by the Board of Appeals and the Town Engineer and/or consulting engineers shall be filed with the Inspector. (8) The site development plan submitted must show that concrete sidewalks and curbs, to be constructed in accordance with the specifications of the Town of Orangetown, are to be provided.

Editor's Note: See Appendix, Part 1, Street Specifications for Subdivisions.

4.32.

Additional requirements and conditions for certain special permit uses. The Board of Appeals (or the Town Board, where specified), subject to making the special findings in § 4.31, may grant a special permit for any use in this section, provided that the additional special requirements and conditions for each use set forth in the lettered subsections below are complied with:

[Amended 10-12-1976 by L.L. No. 12-1976]

4.321.

4.32.(A).

Airports and heliports (in any district):

Surfacing. Any areas to be used by aircraft under its own power shall be provided with a dustless surface.

Hours of operation. The hours of operation of heliports and airports shall be limited by the Board of Appeals to prevent disturbances to nearby residents.

[Amended 7-28-1969 by L.L. No. 8-1969]

Minimum distance to lot lines. No area to be used by an aircraft including a helicopter under its own power on the ground or for landing or take-off shall be less than 500 feet from any lot line.

[Amended 7-28-1969 by L.L. No. 8-1969]

Fencing. Access to ground areas used by aircraft shall be controlled by fences and gates.

Screening. Screening shall be provided.

Accessory uses. Vending machines, newsstands, governmental installations, airport, airline and express offices and aircraft-repair facilities may be permitted within completely enclosed buildings. Storage and sale of aviation fuel may also be permitted

4.32.(B).

Camps (in any district):

Yards, spacing of buildings and screenings. No buildings, tent, activity area or recreation facility shall be less than 300 feet from any lot line, and no two buildings intended for use as sleeping quarters shall be closer than 30 feet from each other, except tents which shall be not less than 10 feet apart. Screening is required between such use and any other use.

Minimum area. The minimum lot area shall be at least 10,000 square feet per cottage, tent or other principal building and not less than 3,000 square feet per person for whom there are accommodations on the premises.

Operations and accessory uses. If floodlighting is used, it shall be arranged so as to eliminate the glare of lights toward nearby residential lots; no public address system for outdoor use shall be permitted.

4.32.(C).

Sandpits, gravel pits, removal of topsoil and landfill or excavation operations not undertaken in connection with the construction of a building for which a building permit has been issued or the development of a subdivision in accordance with an approved plot thereof (in any district) for a period not to exceed five years:

Special considerations. The proposed operation shall not adversely affect soil fertility, drainage and lateral support of abutting land or other properties; nor shall it contribute to soil erosion by water or wind.

Electrical machinery. All machinery and equipment shall be electrically operated, except for bulldozers, shovels and other equipment used for excavation, collection of material, loading or hauling.

Hours of operation. In R Districts or within 1,000 feet thereof, there shall be no operations between 7:00 p.m. and 7:00 a.m., nor on Sundays or legal holidays.

Fencing and screening. Where any open excavation will have a depth of 10 feet or more and create a slope of more than 30°, there shall be a substantial fence, at least six feet high with suitable gates, where necessary, effectively blocking access to the area in which such excavation is located. Such fence shall be located 50 feet or more from the edge of the excavation. All operations shall be screened from nearby residential uses.

Slope. The slope of material in any excavation shall not exceed the normal angle of repose or 45°, whichever is less.

Access roads. That portion of access roads within the area of permit and located within 500 feet of a lot line shall be provided with a temporary surface of screenings, stones or gravel and maintained at all times.

Minimum distance from lot lines. The top of the natural slope cut for any excavation and any mechanical equipment shall not be less than 50 feet from any lot line.

Rehabilitation of the site. Before a special permit is granted, a plan for rehabilitation showing both existing and proposed final contours shall be submitted and approved. After any such operations, the site shall be made reusable for a use permitted in Column 2 of the Use Table for the district. Where topsoil is removed, sufficient arable soil shall be set aside for retention on the premises and shall be respread over the premises after the operation. The area shall be brought to final grade by a layer of earth of two feet or original thickness, whichever is less, capable of supporting vegetation. Fill shall be of a suitable material approved by the Board of Appeals.

[Amended 8-15-1988 by L.L. No. 5-1988]

Performance bond. Before the issuance of any special permit, the owner shall execute a bond sufficient, in the opinion of the Board of Appeals, to secure the rehabilitation of the site in accordance with the plan specified in Subsection viii above. Such bond shall also be approved by the Town Board as to form, sufficiency and manner of execution and shall run for the same term as the term of the special permit. The amount of such bond may be reduced when, in the opinion of public hearing on due notice, a lower amount will be sufficient to accomplish its purposes. In the event that the operator does not fulfill the conditions of the bond, the Town shall, after due notice to the operator and to his bonding or surety company, and upon their failure to comply with the terms of the permit, proceed to rehabilitate the premises in accordance with the plan prescribed in Subsection viii above, either with its own forces or by contract, and shall charge the costs to the operator or the bonding or surety company.

Fees.

[Amended 5-14-1973 by L.L. No. 8-1973]

Before the issuance of any special permit or renewal or extension thereof, the owner shall deposit a fee of $0.25 per cubic yard or fraction thereof of excavated material.

[Amended 1-14-1980 by L.L. No. 1-1980]

Additional fee. If at any time the Town Engineer shall determine that the fee paid upon the issuance of the special permit, or renewal or extension thereof, is underestimated, then in such event the proper fee would be paid within 10 days after written demand made by the Town upon the permittee. If the additional fee shall not be paid as aforesaid, then in such event the Building Department shall, upon the direction of the Town Board, cause a cancellation of the special permit. The Town Board may also authorize the commencement of an action of law to collect such additional fee by the appropriate agency of the Town.

4.32.(D).

Commercial forestry (in any district) for not more than two years:

Special considerations. The proposed operation shall not adversely affect drainage, possible growth of vegetation and the general aspect of the landscape, nor shall it contribute to soil erosion by water or wind.

Specified limitations. The Board of Appeals, with the advice of the Regional Forester on approved forestry practices, may make rules regarding the periods of operation, size of trees cut, incidental earth moving, access roads, reforestation and prevention of forest fires.

4.32.(E).

Advertising signs (in LI) for not more than five years: In LI, one illuminated advertising sign is permitted on a lot with not less than 100 feet frontage on a commercial street, provided that the total sign area on such lot shall not exceed 750 square feet for a one-faced sign and a total of 1,200 square feet for a double-faced sign, back-to-back; and provided further that no sign shall exceed 18 feet in height. The location of any such sign shall be subject to the district bulk regulations. (For nonconforming advertising signs, see § 9.362). The Board of Appeals, in granting such special permit, shall provide that such permit may be revoked if the sign and its supporting members are not kept in a good state of repair and if, in the area surrounding the sign, the grass and the brush shall not be cut and properly maintained. No advertising sign shall be permitted on the same lot with any other use.

[Amended 8-15-1988 by L.L. No. 5-1988]

4.32.(F).

Accessory incineration of waste materials in LO, LIO, OP and LI Districts.

Location and access drives. Any accessory incinerator, structure, reduction plant or facility for the disposal of ashes and refuse shall be at least 1,000 feet from the nearest R District, at least 200 feet from any other district and at least 200 feet from any street. Access drives shall be at least 20 feet wide, provided with a dustless surface, and shall curve so as to obstruct insofar as possible a direct view of the incinerator or reduction plant from the street.

Disposal of ashes and noncombustible materials on the site shall be by the sanitary-fill method.

The incineration installation shall be approved by the New York State Department of Health.

4.32.(G).

Senior citizen housing.

[Added 7-12-1972 by L.L. No. 12-1972[2]]

Permitted area. Senior citizen housing may be permitted by special permit of the Town Board in RG, CS, CC, CO and MFR Zoning Districts only on land owned by the Town of Orangetown at the time of the application.

[Amended 4-25-1988 by L.L. No. 1-1988; 12-27-1993 by L.L. No. 19-1993[3]]

[3]

Editor's Note: This local law also provided that pending applications in the MFR Zoning District for senior citizen housing are excluded from this amendment.

Prohibitions. This section does not permit nursing homes, convalescent homes, private proprietary homes, homes for the aged or any other facilities regulated and licensed by the Department of Health under the Public Health Law of the State of New York or any other agency, department or bureau of the federal government, the State of New York or the County of Rockland.

Occupancy.

[Amended 4-25-1988 by L.L. No. 1-1988]

It is the purpose of this section to provide for the construction of senior citizen housing that can be maintained as decent, safe, sanitary housing affordable to senior citizens whose income and assets are insufficient to cause the private market to construct housing appropriate to their needs.

To effectuate this purpose, the Town Board shall provide for the maintenance of a waiting list of senior citizens whose age, physical condition and financial circumstances qualify them for occupancy in senior citizen housing under the standards contained in § 4.32(G)iiic and d below. The Town Board shall adopt regulations governing the selection of all occupants for senior citizen housing constructed under this section.

Dwelling units permitted under this section shall be occupied only by individuals who are senior citizens or by households whose head of household or spouse is a senior citizen.

In renting dwelling units permitted under this section, a preference shall be given to senior citizens who:

Have the lowest income among all those who can afford to rent the dwelling unit;

Are the oldest among those applying for occupancy;

Have proven permanent need for dwelling units that are accessible for the handicapped; and

Are residents of the Town of Orangetown, with priority given to those who have been residents the longest.

Construction requirements.

[Amended 4-25-1988 by L.L. No. 1-1988]

All building and dwelling units constructed under this section shall be constructed in accordance with the New York State Uniform Fire Prevention Code and Building Code and the Code of the Town of Orangetown.

Community space.

[Amended 4-25-1988 by L.L. No. 1-1988]

In order to qualify under this section, the applicant or senior citizens housing sponsor shall provide an appropriate community space. Such community space may include lounges, workshops, game rooms, dining halls and other facilities designed for senior citizens. Community space shall not be in the basement unless there is ground-level ingress or egress into such space.

Permitted general accessory uses.

Cafeterias or dining halls for the use of residents and guests.

A medical dispensary for the use of residents.

Storage or toolsheds for on-site equipment and material.

Permitted signs per Sign Ordinance.

Signs permitted for residential uses, as per Section 3.11, R-80, Column 5, Items 1 and 3, shall be permitted in the senior citizen housing unit.

Required off-street parking.

[Amended 4-25-1988 by L.L. No. 1-1988]

Apartments: one parking space per two units.

Superintendent's apartment/office manager: two parking spaces.

One space for each staff worker.

Additional regulations.

No trucking shall be permitted into a site from a collector or local street. No shipping or receiving of goods shall be permitted between the hours of 11:00 p.m. and 7:00 a.m. nor all day on Sunday.

Minimum lot area: one acre.

[Amended 4-25-1988 by L.L. No. 1-1988]

Minimum lot frontage: 100 feet along a major or secondary road.

Access roads.

Ingress and egress roads shall be from a major, secondary or collector road.

No roads or driveways shall be located within 50 feet of any street intersection.

Floor area ratio: 45%.

[Amended 4-25-1988 by L.L. No. 1-1988]

Maximum land coverage: 65%.

Maximum density permitted: 30 dwelling units per acre, none of which may contain more than one bedroom, with the exception of one dwelling unit for a superintendent/manager's apartment, which shall consist of no more than three bedrooms.

[Amended 4-25-1988 by L.L. No. 1-1988]

Yard requirements.

Front yard: 25 feet.

Side yard: 25 feet.

Rear yard: 25 feet.

No parking shall be allowed in required yards.

Maximum building height: one foot of height per foot of distance from the lot line.

The minimum distance between buildings shall be no less than the height of highest building.

Site plan review.

Building permit.

No building permit shall be issued hereunder without a special permit therefor having been issued by the Town Board after public hearing.

The Town Board shall set a time limit within which substantial work must be commenced. Upon failure to comply with such requirement, the building permit shall expire. The Town Board shall reserve the right to make any extensions of such time limit, upon resolution of the Town Board upon due application, and a further public hearing shall be held thereon.

Applications for a special permit shall be first filed with the Director of the Office of Building, Zoning and Planning Administration and Enforcement, who, after due consideration of such application, shall file with the Town Clerk, as Clerk of the Town Board, a report concerning all matters within his jurisdiction as the same may relate to said application.

[Amended 4-25-1988 by L.L. No. 1-1988]

The Town Board, in considering any application for senior citizen housing hereunder, shall also consider, among other things, the location of the proposed site to shopping, medical services, libraries, theaters, transportation and other forms of entertainment and of service and of securing the necessities of life, in recognition that many senior citizens may not be able or willing to provide their own transportation. The sponsor must document the need for the development to the satisfaction of the Town Board.

Prior to the Town Board holding a public hearing for any application pursuant to this section, the Town Board, through the Town Clerk, shall refer the application and the site plan, which conforms to Chapter 21A, Site Development Plan Approval, of the Code of the Town of Orangetown, to the Planning Board and to such other agencies or departments of government as the Town Board may deem appropriate. The aforesaid Board shall make a written report to the Town Clerk within 30 days after receiving the referral from the Town Clerk. The failure of said Board to make such report within such time shall be deemed to be a favorable report by said Board.

[Amended 4-25-1988 by L.L. No. 1-1988]

After reviewing the recommendations of the authorized agencies and the testimony at the public hearing, the Town Board may condition its approval upon the applicant furnishing additional fencing, safety devices, landscaping or other appropriate requirements which will enhance the proposed use and shall, as a condition of its approval, require site development plan approval by the Planning Board.

The Town Board, at the time of authorizing any special permit, may also grant such variances from these regulations as it deems necessary and proper to implement the purposes of this law.

Costs of expert witnesses.

[Repealed 10-12-1976 by L.L. No. 12-1976]

xi.

The Town Board, as a condition of granting a special permit under this section, may require the sponsor or owner of the senior citizen housing to file covenants, deed restrictions or other encumbrances deemed necessary to effect compliance with the occupancy provisions of this section, which conditions shall be met prior to the issuance of a building permit for such housing.

[Added 4-25-1988 by L.L. No. 1-1988]

xii.

The Town Board may waive all application and development fees otherwise required by Town law or ordinance or regulation.

[Added 4-25-1988 by L.L. No. 1-1988]

Editor's Note: Also included in this local law are Subsections xi, xii, xiii, xiv and xv, which contain severability, inconsistent laws, titles, intent and effective date clauses, respectively. They have been omitted from § 4.32(G) because of duplication elsewhere in the Zoning Chapter.

4.32.(H).

Agency boarding home. Agency boarding homes may be permitted by special permit to be granted upon proof of criteria contained in the definition thereof. The special permit shall be applied for to the Town Board. Such special permit shall be granted only in residential zones. The requirements of this code are to be construed to be in addition to all applicable requirements of the Orangetown Code and of all other laws, ordinances, resolutions, rules and regulations of all local, state and federal governmental agencies and authorities having or asserting jurisdiction over agency boarding homes.

[Added 6-23-1975 by L.L. No. 6-1975; amended 6-27-1977 by L.L. No. 7-1977]

4.32.(I).

Agency group homes. Agency group homes may be permitted by special permit to be granted upon proof of criteria contained in the definition thereof. The special permit shall be applied for to the Town Board. Such special permit shall be granted only in residential zones. The requirements of this code are to be construed to be in addition to all applicable requirements of the Orangetown Code and of all other laws, ordinances, resolutions, rules and regulations of all local, state and federal governmental agencies and authorities having or asserting jurisdiction over agency group homes.

[Added 6-23-1975 by L.L. No. 6-1975; amended 6-27-1977 by L.L. No. 7-1977]

4.32.(J).

Agency community residence.

[Added 6-23-1975 by L.L. No. 6-1975; amended 6-27-1977 by L.L. No. 7-1977; 1-8-1979 by L.L. No. 1-1979; 8-15-1988 by L.L. No. 5-1988]

Agency community residences may be permitted by special permit of the Zoning Board of Appeals in the R-80 and R-40 Districts. The requirements of this code are to be construed to be in addition to all applicable requirements of the Orangetown Code and of all other laws, ordinances, resolutions, rules and regulations of all local, state and federal governmental agencies and authorities having or asserting jurisdiction over agency community residences.

(Reserved)[4]

[4]

Editor's Note: Former Subsection (J)ii, dealing with limitations in the CS Zone, as amended 3-26-1979 by L.L. No. 4-1979, was repealed 3-12-1990 by L.L. No. 3-1990.

4.32.(K).

Family day-care home. Family day-care homes may be permitted by special permit of the Town Board in the R-80, R-40, R-22, R-15 and RG Districts and shall only be permitted in detached one- or two-family residences. The requirements of this code are to be construed to be in addition to all applicable requirements of the Orangetown Code and of all other laws, ordinances, resolutions, rules and regulations of all local, state and federal governmental agencies and authorities having or asserting jurisdiction over family day-care homes.

[Added 6-23-1975 by L.L. No. 6-1975; amended 6-27-1977 by L.L. No. 7-1977]

4.32.(L).

(Reserved)[5]

[5]

Editor's Note: Former § 4.32.(L), dealing with special permits for personal service (massage), added 3-28-1977 by L.L. No. 2-1977, was repealed 6-8-1992 by L.L. No. 9-1992.

4.32.(M).

Any changes in ownership, management, operation or corporate structure, whether or not the uses designated in § 4.32. (H), (I), (J) and (K) have an existing permit, shall require a new permit from the Town Board.

[Added 6-27-1977 by L.L. No. 7-1977]

4.32.(N).

Adult uses.

[Added 6-8-1992 by L.L. No. 9-1992]

Adult uses may be permitted by special permit of the Zoning Board of Appeals in the LI District. The requirements of this code are to be construed to be in addition to all applicable requirements of the Orangetown Code and of all other laws, ordinances, resolutions, rules and regulations of all local, state and federal governmental agencies and authorities having or asserting jurisdiction over agency community residences.

Purposes and considerations.

In the execution of this local law it is recognized that there are some uses which, due to their very nature, have serious objectionable characteristics. The objectionable characteristics of these uses are further heightened by their concentration in any one area, thereby having deleterious effects on adjacent areas. Special regulation of these uses is necessary to ensure that these adverse effects will not contribute to the blighting or downgrading of the surrounding neighborhoods or land uses.

It is further declared that the location of these uses in regard to areas where our youth may regularly assemble and the general atmosphere encompassing their operation is of great concern to the Town of Orangetown.

These special regulations are itemized in this subsection to accomplish the primary purposes of preventing a concentration of these uses in any one area and restricting their accessibility to minors.

ADULT ENTERTAINMENT CABARET

Definitions. As used in this local law, the following terms shall have the meanings indicated:

ADULT BOOKSTORE

A person, establishment or business, whether retail or wholesale, having more than a minimal portion of its stock-in-trade recordings, books, magazines, periodicals, films, videotapes/cassettes or other viewing materials for sale or viewing on or off the premises, which are distinguished or characterized by their emphasis on matter depicting, describing or relating to sexual activities or sexual anatomical areas.

A public or private establishment which presents topless dancers, strippers or exotic dancers or other similar entertainment.

ADULT MOTION-PICTURE THEATER

An enclosed or unenclosed building, structure or portion thereof used for presenting materials distinguished or characterized by an emphasis on matter depicting, describing or relating to sexual activities or sexual anatomical areas for observation by patrons.

MASSAGE PARLOR

An establishment where, for any form of consideration, massage, alcohol rub, fomentation, electric or magnetic treatment or similar treatment or manipulation of the human body is administered by an individual who is not a medical practitioner, chiropractor, acupuncturist, physical therapist or similar professional person licensed by the state. This definition does not include an athletic club, health club, school, gymnasium, reducing salon, spa or similar establishment where massage or similar manipulation of the human body is offered as an incidental or accessory service.

PEEP SHOWS

A theater which presents material in the form of live shows, films or videotapes, viewed from an individual enclosure, for which a fee is charged, depicting, describing or relating to sexual activities or sexual anatomical areas for observation by patrons.

Restrictions. The adult uses as defined in Subsection (N)iii above are to be restricted to the LI Zone and in the following manner, in addition to any other requirements of this code.

Any of the above uses shall not be located within a five-hundred-foot radius of any area zoned for residential use.

Any of the above uses shall not be located within a one-half-mile radius of another such use.

Any of the above uses shall not be located within a five-hundred-foot radius of any school, church or other place of religious worship, park, playground or playing field or any place of business which regularly has minors on the premises.

No more than one of the adult uses as defined above shall be located on any lot.

No person under the age of 21 years of age shall be permitted to patronize any of the adult entertainment use establishments set forth in this local law.

By amortization, the right to maintain a legal nonconforming adult use shall terminate in accordance with the following schedule:

*Amount of Capital Investment as of the Effective Date of this Local Law**	Date Before Which Use Shall Terminate
$0.00 to $5,000	January 1, 1993
$5,001 to $8,000	January 1, 1994
$8,001 to $15,000	January 1, 1995
$15,001 to $22,000	January 1, 1996
$22,001 or more	January 1, 1997

NOTES:
*	The term "capital investment," as used above, is defined to mean the initial outlay by the owner or operator of the use to establish the business as of the date of the enactment of this local law, exclusive of the fair market value of the structure in which the use is located.

The above uses shall be subject to site plan approval by the Planning Board.

Severability. If any clause, sentence, section, paragraph or provision or any rule or regulation hereunder shall be adjudged by a court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remainder of this law, but shall be confined in its operation to the clause, sentence, section, paragraph or provision or rule or regulation directly involved in the controversy in which such judgment shall have been rendered.

All local laws or ordinances or parts of local laws or ordinances in conflict with any part of this local law are hereby repealed.

4.32.(O).

Mixed-use developments.

[Added 3-1-2006 by L.L. No. 4-2006]

Consistent with the Comprehensive Plan for the Town of Orangetown, mixed-use developments may be permitted upon issuance of a special permit by the Town Board, on ten-acre or larger sites, with frontage on the Palisades Interstate Parkway and with frontage on, and/or with direct access to, New York State Route 303.

Purpose and intent.

The mixed-use development regulations recognize the locational advantages of sites abutting major highway interchanges, including potential tax ratables that such developments could bring to the Town, as well as issues relating to traffic and aesthetics that can be addressed with a well-designed mixed use plan. Given proximity to the Palisades Interstate Parkway, a designated scenic by-way, aesthetic considerations must be addressed in terms of site planning, landscaping, signage and building design, including screening of portions of any building along public rights-of-way.

The purpose and intent of the mixed-use regulations are to facilitate the development of a plan for a large-scale site development that combines several economically viable, nonresidential uses, planned as an integrated whole. The site plan shall provide for adequate vehicular and pedestrian access, traffic circulation, parking and loading for each individual use. The site and building designs shall recognize the importance of the interchange location and the proximity to Palisades Interstate Parkway, and shall provide sufficient landscaping, buffering and other design treatments in recognition of said location.

Permitted uses:

Business, medical and professional offices.

Research, experimental and testing laboratories.

Hotels.

Conference centers.

Banks.

Retail stores.

Personal service establishments.

Restaurants, including fast-food restaurants. The provisions of § 8.13 of the Town Code shall not apply to fast-food restaurants under this section.

[Amended 6-27-2023 by L.L. No. 6-2023]

Theaters.

(j)

Child day-care center, with all outdoor play areas complying with all required yards, as provided for in § 4.32(O)(v).

[Added 3-20-2018 by L.L. No. 2-2018]

Mixture of uses.

The development shall include a compatible mix of uses, designed as an integrated whole, with common access, signage and other design features.

Consistent with the concerns expressed in the Town's Comprehensive Plan for the development of the areas subject to this special permit use, where the proposed mixed uses include retail, personal service establishments and/or restaurants, the Town Board, when granting the special permit, shall determine the maximum amount, if any, of each such use that may be permitted; provided further, however, that the total gross floor area that may be developed for all such uses, upon completion, shall not exceed 35% of the total gross floor area to be developed. If built in phases, not more than 45% of the development may consist of such uses during any initial phase of development. Building permits and/or certificates of occupancy shall not be issued for any of the mixed uses, unless compliance with the above percentages is met. Consistent with the above limitations, the Town Board shall determine, in its sole discretion, in the special permit review process, the percentage of gross floor area, if any, that may be developed for retail and/or personal service uses during any phase of development.

[Amended 1-28-2020 by L.L. No. 1-2020]

Lot and bulk controls. The following lot and bulk controls replace those specified elsewhere in the ordinance:

Maximum floor area ratio: 0.4.

Minimum lot area: 10 acres.

Minimum lot width: 300 feet.

Minimum street frontage along Route 303: 150 feet.

Minimum front yard along Route 303: 150 feet.

Minimum building setback from all other property lines: 50 feet.

Maximum building height: four stories, but no higher than 50 feet.

Maximum land coverage for mixed-use developments: 70%.

In addition to the above, all lot and bulk controls set forth in the Route 303 Overlay Zone shall apply, except where site engineering conditions warrant, the Town Board, as part of the special permit application, may permit stormwater basins in front yards, provided that suitable landscaping and screening are provided, including berming.

Sign regulations. In addition to any other signs permitted by this ordinance, signs within a mixed-use development may include:

[Amended 10-21-2014 by L.L. No. 6-2014]

A single freestanding sign along Route 303 which identifies the mixed-use development and any or all of the establishments therein and in an adjoining mixed-use expansion, which may be fully illuminated and which shall not exceed 300 square feet in sign area per side;

No more than three signs guiding the driver to nonretail uses within the mixed-use development, which signs shall not exceed 30 square feet in sign area per side or six feet in height; and

A single directory sign as permitted under § 4.32(P)viii in connection with a mixed-use expansion which adjoins the site of the mixed-use development.

Minimum buffer area. A vegetative buffer area, with no buildings, parking, access or loading, shall be provided along all property lines. Said buffer shall be at least 20 feet in depth, except along Route 303, where at least 25 feet shall be provided. The buffer area shall include sufficient evergreen plantings, as prescribed by the Planning Board during site plan review, to mitigate visual and noise impacts. Buffers shall be maintained in accordance with the approval site plan.

Minimum required off-street parking and loading.

Off-street parking and loading requirements for individual uses proposed as part of the mixed-use development, as set forth elsewhere in the Zoning Ordinance, shall apply to each proposed use in the mixed-use development. Open loading may be considered by the Planning Board, as part of site plan approval, for uses for which enclosed loading is not warranted, provided that suitable landscaping and screening are provided.

Notwithstanding item (a) above, the Town Board may, as part of its deliberations on the special permit, reduce the total number of parking spaces, recognizing shared parking characteristics of the specific mixed use proposal, as per Section 6.38 of this ordinance.

The Planning Board may defer or land bank the paving of certain parking spaces that are deemed to be in excess of actual need, provided such spaces are clearly identified as part of the site plan with suitable landscaping provided in lieu of the paved parking. If, in the future, the Planning Board determines that some or all of the deferred or landbanked spaces are needed, the Planning Board may require that the applicant, owner or successor/owner amend the site plan and pave the necessary parking spaces.

Information required by the Town Board for consideration of special permit.

Conceptual site plan showing proposed buildings, parking, loading, stormwater basins and a landscaping plan. The landscaping plan shall provide adequate buffering and landscape treatment within all yard areas, particularly the frontages along Route 303 and the Palisades Parkway. All existing vegetative buffers shall be clearly depicted on the conceptual plan, including on-site and abutting off-site areas. On-site circulation shall include suitable access for bus service where applicable.

Environmental assessment form and technical studies requested by the Town Board, including a traffic report, fiscal impact analysis and information on proposed landscaping and signage. Technical studies shall also include viewshed analyses with photo simulations and other graphic materials that indicate for visual impacts of the proposed development from Route 303 and from Palisades Interstate Parkway.

Written analysis of compliance of the proposed development with the Town Comprehensive Plan, the Route 303 Overlay Zone and the Palisades Interstate Parkway Corridor Management Plan Report.

An alternative site plan, drawn at the same scale as the proposed development, showing an LI use permitted as of right (i.e., with no special permit) shall be submitted for comparison purposes.

Subdivision and site plan approval.

Following issuance of a special permit, the plan for mixed-use development shall be subject to site plan review by the Planning Board, consistent with applicable provisions of this ordinance.

The site plan submission shall show specific trees and other vegetation with buffer areas, both existing and proposed.

A mixed-use development may be subdivided into separate parcels, subject to applicable approvals of the Town Board, Planning Board and/or Zoning Board of Appeals. If subdivided, the overall site plan for the entire parcel shall remain in effect.

xi.

Conditions and approval. Prior to issuance of a special permit, the Town Board shall make findings as specified in Section 4.31 of this ordinance. The Town Board may attach reasonable conditions to the special permit, including general comments on the conceptual site plan and the mixture of uses, in order to ensure compliance with its findings and with the purpose and intent of this chapter. The Planning Board may, however, pursuant to its site plan approval procedures, review and approve the site plan with modifications it deems necessary, consistent with the Town Board special permit conditions.

4.32.(P).

Mixed-use expansions.

[Added 10-21-2014 by L.L. No. 6-2014]

When a site adjoins a lot or lots for which a special permit has been issued authorizing a mixed-use development under § 4.32(O) (the "site"), and the site meets the criteria set forth in this section, an expansion of the mixed-use development may be permitted onto said site upon the issuance of a special permit by the Town Board, whether or not the parcel is in common ownership with the land on which the existing mixed-use development is located.

Purpose and intent. These mixed-use expansion regulations recognize the advantages of allowing small commercial sites that would otherwise likely take access from local, secondary, or collector streets, to gain access through an adjoining mixed-use development, thereby reducing the usage of public roads for trips between the uses on such properties, the potential tax ratables that such expansions could bring to the Town, and the value of having development of such sites fully integrated on both a functional and design basis with an existing mixed-use development. They are intended to enhance the economic viability of the development of such sites by coordinating with the complementary development of adjoining mixed-use developments. The combined site plan for the site of the mixed-use expansion and the mixed-use development shall provide for adequate vehicular and pedestrian access, traffic circulation, parking and loading for each individual use.

A mixed-use expansion shall be allowed upon the issuance of a special permit by the Town Board if the following criteria are met:

The site must adjoin property which has received a special permit from the Town Board authorizing its use as a mixed-use development.

The site can be no less than 1/2 acre or greater than 2.0 acres in area.

The gross floor area of the building or buildings on the site cannot exceed 20,000 square feet.

The improvements on the site will be designed and constructed so that they will be functionally integrated as a single project with the already approved mixed-use development on the adjoining property, particularly with respect to parking, access, pedestrian and traffic circulation, landscaping, signage, drainage, infrastructure, building design and orientation.

The site and the site of the adjoining mixed-use development shall be encumbered by easements and/or restrictions insuring that the improvements on the two properties function as a single integrated development, with the form of such legal instruments being approved by the Town Board and recorded in the Rockland County Clerk's office prior to the issuance of the first permit authorizing construction activity on the site.

Permitted uses: all uses permitted in Section 4.32(O)iii.

Bulk and dimensional requirements. No bulk and lot requirements shall apply to the site as an independent lot, but rather, the lot and bulk controls of § 4.32(O) shall apply to the site and the site of the adjoining mixed-use development as if they were a single lot for zoning purposes.

Location of parking and/or loading. Notwithstanding any other regulations in this ordinance, accessory parking and/or loading shall be allowed within any required yard other than any required front yard along Route 303.

Mixture of uses. Due to the small size of the sites that will qualify for a special permit authorizing a mixed-use expansion, the limitations on the percentage of gross floor area that can be devoted to specific categories of use, which are set forth in § 4.32(O)iv(b), shall not apply to improvements on the site of the mixed-use expansion. Further, the gross floor area devoted to various uses on the site shall not be considered in calculating whether the existing mixed-use development on the adjoining property meets the criteria of § 4.32(O)iv(b).

Signs. In addition to signs otherwise allowed under this ordinance, signs within a mixed-use expansion may include:

Panels installed on a freestanding sign erected on the site of the adjoining mixed-use development as permitted under § 4.32(O)vi(a) which identify the individual establishments located on the site of the mixed-use expansion.

A single directory sign which identifies the mixed-use expansion and the individual establishments located thereon erected on the site of the adjoining mixed-use development, provided the sign is located at least 150 feet from the right-of-way of Route 303. Said sign may be fully illuminated. No such sign shall exceed 40 square feet in Sign Area per side or 10 feet in height.

Other regulations. Except as provided in this section [4.32(P)], all provisions of § 4.32(O)v, vi, vii and viii applicable to mixed-use developments shall apply to mixed-use expansions, including, but not limited to, the application of the Route 303 overlay regulations, the sign regulations, the minimum buffer area requirement, and the minimum off-street parking and loading requirements, provided, however, that all such criteria will be applied to the site and the site of the adjoining mixed-use development as if they were a single lot for zoning purposes.

Information required by the Town Board for consideration of the special permit. The information required by the Town Board for consideration of the special permit shall be the same as that set forth in § 4.32(O)ix. In meeting these requirements, any documentation which was employed in obtaining approval of the special permit for mixed-use development of the adjoining property may be utilized and supplemented and updated as deemed necessary by the Town Board.

xi.

Site plan approval. Following issuance of a special permit, the plan for the mixed-use expansion shall be subject to site plan review by the Planning Board, consistent with the applicable provisions of this ordinance.

xii.

Subdivision approval. A mixed-use expansion and the adjoining mixed-use development may be subdivided into separate parcels, or resubdivided to change existing lot lines, subject to applicable approvals of the Town Board, Planning Board and/or Zoning Board of Appeals. If subdivided, the overall site plan for the entire area of the mixed-use expansion and adjoining mixed-use development shall remain in effect.

xiii.

Conditions and approval. Prior to issuance of a special permit, the Town Board shall make findings as specified in § 4.31 of this ordinance. The Town Board may attach reasonable conditions to the special permit, including general comments on the conceptual site plan, in order to ensure compliance with its findings and with the purpose and intent of this chapter and may prohibit the issuance of any other special permit(s) authorizing: a) a mixed-use expansion on property adjacent to the mixed-use development which adjoins the site for which the special permit is being issued; and b) a mixed-use expansion adjoining any property for which the Town Board has previously approved a mixed-use expansion. The Planning Board may, however, pursuant to its site plan approval procedures, review and approve the site plan with modifications it deems necessary, consistent with the Town Board's special permit conditions, but shall have no authority to modify a condition imposed by the Town Board prohibiting the issuance of further approvals of mixed-use expansions.

4.32.(Q).

Temporary outdoor storage of vehicles.

[Added 8-18-2020 by L.L. No. 5-2020]

Lots that are a size of 20 acres or more and located in the LI, LIO, LO and OP Districts may apply for and receive authorization for a special permit to utilize existing excess parking spots for the temporary outdoor storage of wholesale vehicles intended for retail sales, notwithstanding the parking requirements for uses at the property, under the following terms and conditions:

Notwithstanding anything to the contrary contained in § 4.31, the Planning Board shall have jurisdiction to issue any special permit authorized by this section. Applicants must provide an update to a previously approved site plan and delineate the existing parking spaces intended for the storage and parking of vehicles.

No additional parking spaces may be constructed, including spaces that may have been previously approved but not constructed. No additional impervious coverage is permitted.

Parking calculations must be provided to demonstrate that existing conditions at the property are such that there is sufficient parking for the uses in existence at that property at the time of the application and for the duration of any permit issued hereunder. The Planning Board may consider that required parking provided for in the Code may be more than is necessary for existing tenants or potential tenants.

Only new wholesale vehicles intended for retail sales are permitted to be stored under this special permit. All vehicles must be mechanically operational and parked in existing designated parking spaces. No parking or storage of junk or used vehicles is permitted. The number of vehicles stored at any one time pursuant to a special permit issued hereunder shall be no more than 50% of the parking capacity for the entire property or 1,000 vehicles, whichever is less. Additionally, the applicant must demonstrate sufficient parking for all existing occupancies at the property, and any future changes in occupancies impacting parking will require review and approval by the Planning Board.

The proposed areas for parking of vehicles within the property must be at least 200 feet from residential lot lines.

Any incoming or outgoing delivery of vehicles, including loading or unloading of vehicles, must be conducted solely on the subject property, and any areas for the loading or unloading of vehicles must be shown on the site plan. Incoming and outgoing deliveries, and loading and unloading of vehicles, are permitted Monday through Friday between the hours of 8:00 a.m. and 6:00 p.m. only.

Permits issued under this section shall authorize storage of vehicles for a period of one year from the date of issuance. The Planning Board may authorize a renewal of this permit for additional one-year periods, after a hearing, provided the applicant provides proof, and the Planning Board finds, that the use authorized by the special permit in no way interferes with the authorized use of the property, or neighboring property.

[Amended 1-23-2024 by L.L. No. 1-2024]

The Planning Board shall have the right to revoke or deny any special permit authorized pursuant to this section upon a finding that a change in occupancy of any building at the premises will result in the necessity to reduce or eliminate authorization to store vehicles pursuant to this section. The permit holder shall have a right to a hearing before the Planning Board prior to any revocation.

Any violation of the terms of a special permit issued pursuant to this section shall be a violation of this section subject to penalty in accordance with Chapter 41A of the Orangetown Code.

4.32.R.

Stand-alone fitness center.

[Added 12-12-2023 by L.L. No. 14-2023]

Stand-alone fitness centers are permitted in the LI District on lots having a minimum lot area of 150 acres, subject to the following criteria:

Every application for a stand-alone fitness center use shall include a circulation plan, indicating all internal roadways, all roadways, intersections and driveways bounding the site, all off-street parking and truck loading areas and pedestrian accessways on the site; and also a traffic survey and analysis, with estimates of on-site traffic generation and its impact, if any, on existing and projected traffic volumes, roadway capacity and highway safety in critical highway locations in the vicinity and proposals related to accommodating such traffic generation in each location, as well as any required on-site or off-site mitigation measures, as may be required by the Town Board.

Off-street parking and truck loading areas shall be designed pursuant to the requirements of Article VI of the Zoning Code of the Town of Orangetown, and, further, they shall include provisions for landscaping and screening and for landscaped islands within the parking areas in the proportion of 15 square feet for each parking space. Shared parking is encouraged where the peak parking demands of different uses occur at various times of the day.

The entrance to all off-street parking and truck loading spaces shall be from an internal driveway system and not from a public street.

On-site bicycle storage racks shall be provided with at least one bicycle space per 10,000 square feet of gross building floor area. Where feasible, some or all of this bicycle storage shall be provided within a secure, enclosed bicycle storage space.

Every application for a stand-alone fitness center use shall include a detailed and specific landscape plan, incorporating native species wherever feasible, showing the proposed treatment of all open areas on the site and, more specifically, analyzing the need for the screening of service areas, outdoor use areas and buffer strip landscaping and how such need will be met on a year-round basis.

Site lighting shall be restricted to the minimum necessary to allow for the appropriate and safe operation of the facility and shall include automatic controls to turn off exterior lighting when sufficient daylight is available and when lighting is not required during nighttime hours, fixture-integrated lighting controls such as motion sensors to reduce light levels, and cutoff and shielded luminaries to prevent light trespass beyond property lines and unnecessary glare, among other measures.

All intensive outdoor activities shall be set back at least 100 feet from any property line and shall be so located that they shall be reasonably screened from view as denoted in a site plan submitted pursuant to Chapter 21A of the Code of the Town of Orangetown and compatible with the existing or potential use of neighboring properties.

§ 4.4 Prohibited uses.

The uses which are listed in this section are prohibited in the Town.

4.41.

Manufacturing uses involving primary production of the following products from raw materials: asphalt, cement, charcoal and fuel briquettes; chemicals: aniline dyes, ammonia, carbide, caustic soda, cellulose, chlorine, carbon black and bone black, creosote, hydrogen and oxygen, industrial alcohol, nitrates (manufactured and natural) of an explosive nature, potash, plastic materials and synthetic resins, pyroxylin, rayon yarn and hydrochloric, nitric, phosphoric, picric and sulphuric acids; coal, coke and tar products, including gas manufacturing; explosives; fertilizers; gelatin, glue and size (animal); linoleum and oilcloth; matches; paint, varnishes and turpentine; rubber (natural or synthetic); soaps, including fat rendering; and starch.

4.42.

The following processes: nitrating of cotton or other materials; milling or processing of flour, feed or grain; magnesium foundry; reduction, refining, smelting and alloying of metal or metal ores; refining secondary aluminum; refining petroleum products, such as gasoline, kerosene, naphtha and lubricating oil; distillation of wood or bones; and reduction and processing of wood pulp and fiber, including paper mill operations.

4.43.

Operations involving stockyards and slaughterhouses, grain elevators and slag piles.

4.44.

Storage of explosives, except under license from the State of New York and in a manner and place conforming to the laws of the state and the American Table of Distances, provided that no more than 50,000 pounds shall be stored in any one magazine. Bulk or wholesale storage of petroleum products above ground.

4.45.

Dumps; junkyards; sewage treatment plants; incinerators not accessory to a principal use; and sanitary landfill operations not accessory to a principal use; except any of the above when municipally owned and operated.

4.46.

Quarries, stone crushers, screening plants and storage of quarry screenings accessory to such uses.

4.47.

Trailer camps and summer colonies.

§ 4.5 Additional regulations for single-family conversions.

[Added 6-8-1981 by L.L. No. 7-1981]

4.51.

The dwelling must be owner-occupied and a covenant satisfactory to the Town Attorney as to form must be filed to the effect that, if the grantor owner or his or her spouse or the survivor(s) of them ceases to occupy the said dwelling, the dwelling automatically reverts to only one dwelling unit

[Amended 4-25-1983 by L.L. No. 3-1983]

4.52.

There shall be no significant exterior change and no new structures built on the property within the past 10 years so as to create an additional dwelling unit.

[Amended 10-22-1984 by L.L. No. 21-1984]

4.53.

The new unit must have a safe and proper means of entrance and exit.

4.54.

There shall be only a single front entrance to the dwelling.

4.55.

At least three parking spaces are required.

4.56.

The house must be at least 15 years old.

4.57.

The dwelling must comply with all fire, safety and building codes.

4.58.

The owner who first converts the dwelling subsequent to the effective date of this local law must have resided in said dwelling for at least 15 years.

[Added 8-19-1991 by L.L. No. 14-1991]

§ 4.6 Planned Adult Community (PAC) floating zone.

[Added 1-12-2004 by L.L. No. 1-2004]

4.61.

Purpose and intent. The purpose and intent of the Planned Adult Community (PAC) floating zone is to address certain senior citizen housing needs in the Town of Orangetown by encouraging the development of a range of housing types and prices for active senior citizens consistent with the Town's Comprehensive Plan. The PAC shall be an unmapped zoning district that may be mapped at the discretion of the Town Board on an eligible site, subject to the provisions of this section and § 10.5 of the Zoning Ordinance with regard to the review of zoning text and map amendments.

4.62.

Eligible sites. Rezoning to PAC may be considered for any property meeting requirements set forth herein, provided said property is located within a zoning district other than an R-80, R-40, R-22, or LI District With the exception of conversions of existing buildings, PAC developments shall be prohibited in designated historic districts. Eligible sites shall be defined and regulated as "hamlet sites" or "other sites," as specified in § 4.69 herein All potential PAC sites shall either have access to or frontage along a major or secondary roadway, defined herein as roads with state or county jurisdiction, or shall have other suitable access as determined by the Town Board during the rezoning process.

4.63.

Permitted uses. No building, structure or premises shall be erected, used or occupied except for the following uses:

Dwelling units equipped with full kitchen facilities and designed for senior citizens as defined in § 4.65 hereof.

A dwelling unit for one resident caretaker or property manager. Any such unit shall be included in the overall base density of the development as set forth in § 4.69 below.

In specifically allowed mixed-use buildings, ground-floor uses, including retail stores, personal service establishments, offices and restaurants, shall be permitted with dwelling units for senior citizens located on the floor or floors above such uses.

Accessory uses, including indoor and outdoor recreation and leisure time facilities, congregate dining facilities, meeting rooms, off-street parking, maintenance buildings, and other customarily accessory structures and facilities incidental to the principal uses.

4.64.

Housing types and minimum sizes. PAC housing may be apartment-style or attached, semiattached or detached dwellings. Except as otherwise provided herein with respect to affordable units, dwelling units may be for sale or rent. At least 75% of the units in the PAC development shall have two bedrooms. The balance may be a combination of one-bedroom and three-bedroom units. However, not more than 10% of the total number of units shall be three-bedroom units.

[Amended 2-9-2009 by L.L. No. 1-2009]

4.65.

Age restrictions.

Occupancy of dwelling units within a Planned Adult Community shall be restricted to persons 55 years of age or older or couples, one of whose members is 55 years of age or older; provided, however, that persons less than 21 years of age shall not be permanent residents under any circumstances. The foregoing restrictions shall not apply to one on-site caretaker/administrator, if so proposed as part of the PAC application, whose full-time job shall be the maintenance and/or management of the PAC development. Additionally, households containing one or more adult handicapped persons (as defined in § 802 of the Fair Housing Act, 42 U.S.C. § 3602) over age 21 shall also be eligible.

[Amended 2-9-2009 by L.L. No. 1-2009]

Restrictions relating to age and occupancy shall be set forth in a covenant, acceptable as to form, by the Town Attorney of the Town of Orangetown. Said covenant shall be recorded in the County Clerk's office and shall run with the land and shall bind all owners of the property.

4.66.

Affordable units.

As a condition of approval of the PAC, the Town Board may provide one additional bonus density unit per acre for the inclusion of affordable housing, provided that at least 50% of said bonus is set aside for affordable housing, and further provided that total bonus (affordable and market rate) does not exceed the maximum number of units per acre, as set forth in § 4.69 below.

All affordable units shall be owner occupied and shall be sold at a price not to exceed 3.3 times 80% of the median family income for Rockland County, applicable to a family of four persons, as established annually by the U.S. Department of Housing and Urban Development. A covenant shall be recorded in the County Clerk's office, which shall provide that resale of any affordable housing units may not sell for a price exceeding 3.3 times 80% of the median family income for Rockland County, applicable to four persons, as established annually by the U.S. Department of Housing and Urban Development.

[Amended 2-9-2009 by L.L. No. 1-2009[1]]

Editor's Note: This local law also repealed former Subsection C, regarding maximum monthly rent for affordable units, which immediately followed.

4.67.

Selection of occupants of affordable housing units. The Town Board shall develop regulations and procedures relating to, among other things, eligibility criteria, the solicitation of applications and the selection of potential occupants for the affordable units, with preference given to residents of the Town of Orangetown. The maximum household income for affordable units shall be 80% of the median family income for Rockland County, applicable to a four-person family, as established annually by the U.S. Department of Housing and Urban Development. In computing the maximum household income, the incomes of all occupants of the owner-occupied affordable unit shall be included.

[Amended 2-9-2009 by L.L. No. 1-2009]

4.68.

Location of affordable units. Affordable units shall be physically integrated and interspersed into the design of the development in a manner satisfactory to the Town Board, avoiding designated affordable units being located adjacent to one another. The affordable units shall be distributed among various proposed bedroom-sized units in the same proportion as the overall development.

4.69.

Lot and bulk controls for PAC developments.

Hamlet and other sites. Lot and bulk controls for PAC developments, as shown on Table I, shall differentiate between sites located within hamlet centers and other sites, as specified herein. In addition to meeting the requirements of § 4.62 above, hamlet center sites, as shown on the Potential PAC Zoning Map, shall be located within one-quarter-mile walking distance of the Pearl River, Orangeburg, Blauvelt, Sparkill or Tappan hamlet centers, as defined by the CS zoning in each hamlet center. Potential PAC sites outside the one-quarter-mile walking distance shall be considered to be "other sites" for purposes of the following lot and bulk controls.

[Amended 2-14-2005 by L.L. No. 5-2005]

Table 1
Lot, Bulk and Parking Requirements
	Hamlet Center Sites Within Mile Distance of Specified CS and CC Districts	Redevelopment Sites Within Designated CS Districts	Other Sites
Minimum lot area for a Planned Adult Community	1.25 acres	1 acre	10 acres
Base density***	6 dwelling unit/acre	6 dwelling unit/acre	4 dwelling unit/acre
Potential bonus density*	1 dwelling unit/acre	1 dwelling unit/acre	1 dwelling unit/acre
Maximum floor area ratio	0.40	0.40	0.35
Maximum building coverage	65%	TBD	40%
Minimum open space	25%	TBD	40%
Maximum building height	2 stories or 35 feet, unless otherwise specified by Town Board as part of PAC approval, in which 3 stories may be allowed	2 stories or 35 feet, unless otherwise specified by Town Board as part of PAC approval, in which 3 stories may be allowed	2 stories or 35 feet
Minimum perimeter buffer	20 feet	TBD	50 feet
Minimum yards**	Unless otherwise specified by the Town Board as part of PAC approval, the following yards shall be provided;
*Front	50 feet	TBD	100 feet
*Side (each)	50 feet	TBD	100 feet
*Rear 50 feet	50 feet	TBD	100 feet
Minimum street frontage	100 feet	100 feet	100 feet
Minimum building setback from internal roads	25 feet	TBD	25 feet
Minimum off-street parking	1.5 spaces/dwelling unit	1.5 spaces/dwelling unit	1.75 spaces/dwelling unit
Minimum indoor and/or outdoor recreation	250 square feet/unit	TBD	250 square feet/unit
Minimum distance	25 feet, unless otherwise specified by the Town Board as part of PAC approval, but not less than 15 feet. Decks, whether attached or detached, shall not be closer than 15 feet to any other building or structure that is a part of any other building.	TBD	25 feet, between buildings otherwise specified by the Town Board as part of PAC approval, but not less than 15 feet. Decks, whether attached or detached, shall not be closer than 15 feet to any other building or structure that is a part of any other building.
Maximum number of attached dwelling units without a building separation	8 dwelling units	TBD	6 dwelling units

NOTES:
*	50% of any bonus allowed by the Town Board shall be affordable housing as specified in § 4.66 above
**	Yard requirements shall apply to the overall PAC site, not individual lots within the development, if any.
***	The "Maximum number of attached dwelling units without a building separation" regulation set forth herein shall not apply to apartment-style dwelling units, i.e., dwelling units (regardless of the form of ownership) the living portion of which occupies a single floor or story of a building. With respect to such units, the Planning Board shall determine the number of units that may be included in any single building.
TBD = To be determined as part of contextual zoning analysis.

Potential redevelopment sites within a CS District.

[Amended 10-22-2019 by L.L. No. 7-2019]

For eligible hamlet center sites physically located within a CS specified zoning district in Blauvelt, Tappan, Orangeburg, Sparkill and Pearl River, the Town Board may modify lot and bulk controls as part of its consideration of the rezoning to PAC, provided that such modifications are designed to ensure compatibility with the building context of the CS District and areas adjacent to the subject site, including building setbacks to maintain the contextual streetscapes. Building context shall be determined by the Town Board through the review of actual dimensions (lot and bulk) for adjacent buildings and buildings across the street from the proposed redevelopment site. Notwithstanding the foregoing, the Town Board may only modify the minimum lot area, maximum floor area ratio and/or maximum density by a vote of a majority plus one of all the members thereof, whether present or not. In no event may the maximum floor area ratio be modified to more than 1.25.

In order to ensure contextual development in terms of use, the ground-floor area of redevelopment sites shall include retail, personal service, restaurant or office use.

Potential conversions of existing buildings in Pearl River, Tappan and Sparkill.

In the hamlet centers of Pearl River, Tappan and Sparkill, proposals for conversion of existing buildings in a CS Zoning District may be considered by the Town Board. Such buildings may contain senior apartment units above retail stores, professional offices, personal services establishments and restaurants, provided separate access to the senior units is provided, and further provided that all other applicable building code requirements are met. Conversion of space for ground-level apartments shall not be permitted. No square footage may be added to the building proposed for conversion other than the space necessary to provide suitable access.

Specific lot and bulk and controls and parking for these PAC building conversion sites shall be established by the Town Board as part of the rezoning process, recognizing that these regulations are applicable to the existing building only. Parking requirements shall consider the availability of on-site and off-site parking to serve the proposed housing.

(3)

In its consideration of potential conversions, the Town Board shall refer to criteria set forth in §§ 4.6.1 and 4.6.12D(3), as applicable, and other factors relating to the subject building itself.

4.610.

Additional requirements.

The design and location of all buildings, recreational facilities and other site improvements shall be consistent with the ultimate purpose of achieving pleasant living arrangements for persons 55 years of age or older and shall contemplate the desires and needs of such persons for privacy, participation in social and community activities and accessibility to all community facilities. As part of the approval of site plans, the Planning Board shall consider the potential need for additional visitor parking, possibly including on-site stabilized overflow parking areas.

Consideration shall be given in planning walks, ramps and driveways so that all outdoor areas available to the residents shall be designed to permit residents to move about freely.

All dwelling units shall incorporate design features which insure the safety and convenience of the senior residents. Amenities and architectural design features to serve the special needs of the population shall include emergency communication services connecting individual units with the clubhouse, gatehouse, on-site maintenance office and/or off-site premises monitoring service. Handicapped accessibility and adaptability shall also be part of the design for dwelling units and common facilities.

Artificial lighting of walkways, parking areas and common buildings shall provide illumination sufficient for the convenience and safety of the residents.

Buffer areas shall include existing vegetation and supplemental plantings. No structures, parking areas or roadways shall be located within a required buffer other than access drives to and from the site.

The architectural design and landscape treatment of any proposed development shall be carefully devised to ensure compatibility of the proposed PAC development with surrounding buildings and open space areas. The design of developments shall require particular attention to the views of proposed buildings and parking lots from abutting sidewalks and roadways. The placement of parking areas and garages shall be sensitive to views from abutting roadways and sidewalks, with site plans and building designs established to emphasize building frontages rather than parking facilities for passing motorists and pedestrians. The Town Board shall request assistance from the Architecture and Community Appearance Board of Review (ACABOR) in its review of architecture and landscape design elements, including all provisions of this section.

In determining the design and intensity of the PAC developments, existing environmental features shall be duly considered, particularly areas of steep slope that would affect the walkability of the site. Note 16 of the Notes to Use and Bulk Tables of the Zoning Ordinance[2] shall apply to all PAC sites, requiring adjustments to site area for environmental constraints.

Editor's Note: Said Notes are printed at the end of this chapter.

4.611.

Common property. The ownership, maintenance and preservation of common property shall be permanently assured to the satisfaction of the Town Attorney by the filing of appropriate easements, covenants and restrictions, as necessary. For ownership projects, the formation and incorporation of a homeowner or condominium association shall be required to maintain common property. Such association shall be empowered to levy assessments against property owners to defray the cost of maintenance and to acquire liens, where necessary, against property owners for unpaid charges or assessments in accordance with the laws of the State of New York. In the event that the homeowner or condominium association fails to perform the necessary maintenance operations, the Town of Orangetown shall be authorized, but not obligated, to enter on such premises for the purpose of performing such operations and to assess the cost of so doing among all affected property owners.

4.612.

Procedures.

Application for zone change to Planned Adult Community (PAC) shall be made to the Town Board in accordance with applicable provisions of § 10.5 of this chapter. A petition for a zone change shall be in a form sufficient to enable the Town of Orangetown to evaluate the applicant's proposal and its consistency with the intent, purposes and general design standards expressed herein. The petition for a zone change shall also be accompanied by the following:

A written description of the proposed development.

A concept plan including all the items listed below:

The disposition of various land uses and the areas covered by each, in acres.

A sketch of the interior road system with all existing and proposed rights-of-way and easements, whether public or private.

Delineation of the various residential areas, indicating the number of dwelling units, square footage and bedrooms, by each housing type and square footage for accessory uses. The plans shall show the density, in dwelling units per acre, for the entire development. Sample floor plans shall be provided for each unit type.

The open space system and proposed recreation facilities, and a statement as to how said system is to be preserved as such throughout the life of the development and how it is to be owned and maintained.

An illustrative site plan, indicating the relationship between the proposed road system, parking lots, buildings, open spaces and other physical features.

Schematic water, sanitary sewer and stormwater management systems and how they are proposed to be connected to the system in adjoining areas, or be built on the site.

Physical characteristics of the site, including topography, areas of slope in excess of 15%, soils, rock outcrops, streams, wetlands, lakes, ponds and floodplains and all proposed alterations of said physical characteristics.

Estimates of peak-hour traffic generation derived from recognized traffic engineering source material or actual field counts, and its relation to surrounding development, including surrounding roads and intersections, including methods developed for mitigating any demonstrated adverse traffic impacts.

Analysis of market demand for the proposed senior development, based upon demographic factors and existing housing supply; such analysis shall include a review and conclusion concerning the anticipated number of occupants or purchasers of the specific proposed development who shall be existing residents of the Town of Orangetown. Such analysis shall be based upon a specific evaluation of individual market demand.

(j)

Comparison of the proposed development under PAC to the likely development yield under existing zoning in terms of traffic, taxes and aesthetic issues.

(k)

If the development is to be staged, a clear indication of how the staging is to proceed. The plan shall show each stage of development with the approximate time required for anticipated commencement and completion.

The Town Board may retain professional consultants as deemed necessary in order to review any proposed PAC concept plans, with funding for said consultants provided by the applicant for the PAC development through the establishment of an escrow account. The amount of said escrow shall be determined by the Town Board in consultation with the applicant.

Concurrent site plan and/or subdivision review. An applicant may submit a detailed site plan and/or subdivision concurrently with the petition for zone change to a Planned Adult Community development, subject to site plan and/or subdivision review procedures for the Town of Orangetown, including Planning Board review of said plans and related documentation. Approval of a site plan and/or subdivision may not however, occur until the rezoning to PAC occurs.

The Town Board expressly reserves the right and the authority to review any proposed site development plan and/or any subdivision plat before preliminary approval by the Planning Board of any development within a PAC zone to determine whether, in the judgment of the Town Board, the proposed plan or plat does not substantially deviate from the final concept plan or layout presented to and reviewed by the Town Board as part of the zone change process.

[Added 2-14-2005 by L.L. No. 5-2005[3]]

No site development plan or subdivision plat shall receive preliminary approval by the Planning Board, unless the plat or plan proposed for such approval shall first have been referred back to the Town Board for its review, and the Town Board shall have adopted a resolution evidencing the fact that the proposed plat or plan does not substantially deviate from the final concept plan or layout presented to, and reviewed by, the Town Board as part of the zone change process. The adoption of such resolution shall appear as a map note on any approved plat or plan.

The term "substantially deviate," as used herein, shall mean that the site development plan and/or subdivision plat presented to the Planning Board for preliminary approval differs in a material manner from the final concept plan reviewed by the Town Board, and upon which the Town Board granted the PAC zone change, and that that material change or deviation that may have been made to the concept plan, in the Town Board's sole judgment and discretion, is not consistent with the goals sought to be achieved by the grant of the zone change. The decision of the Town Board that the site development plan and/or the subdivision plat proposed for preliminary approval by the Planning Board substantially deviates shall require a majority vote of the Town Board plus one.

[3]

Editor's Note: This local law also provided that former Subsection D be redesignated as Subsection E.

Town Board action on the application for rezoning to a PAC district.

The Town Board shall refer the petition for rezoning and all accompanying maps, plans and reports to the Town Planning Board, the County Planning Department and other boards and agencies in accordance with applicable laws and regulations. Said boards, agencies and departments shall report back to the Town Board prior to a public hearing on the proposed rezoning.

Following required public hearing(s) (which shall be held on notice which shall be furnished and accomplished by the applicant, at the sole cost and expense of the applicant, by mailing by first class mail at least seven days in advance to all property owners of properties located within 500 feet of any boundary of the property under consideration) and project review under the State Environmental Quality Review Act (SEQRA), the Town Board may approve or disapprove the rezoning petition in accordance with the provisions of applicable law.

(3)

As part of its decision to approve or disapprove a proposed PAC development, the Town Board shall make specific findings, based on its review of the submitted concept plan and other information garnered through the public hearing, SEQRA and planning reviews, with regard to:

The likely marketability of the proposed units in relation to previously approved PAC developments throughout the Town.

The potential saturation of PAC units in any given neighborhood.

The suitability of the site for the senior population in terms of vehicular access, walkability for pedestrians and overall traffic concerns.

The compatibility of the PAC site within its environment, including surrounding land uses and landscaped buffers, and in the case of redevelopment sites or conversions, with the contextual development of surrounding buildings and uses.