[Amended 6-11-1979 by L.L. No. 10-1979; 8-15-1988 by L.L. No.
5-1988]
When in the opinion of the Planning Board with respect to subdivisions,
after receiving the recommendation of the Highway Department, and
in the opinion of the Superintendent of Highways with respect to previously
approved or preexisting lots, the installations of concrete sidewalks
or curbs should be deferred, the applicant shall execute an enforceable
covenant running with the land, approved by the Town Attorney, providing
for the installation of such concrete sidewalks or curbs at the full
cost or expense of the owner of the property, upon 30 days' notice
by the Town. The Superintendent may also request in lieu of a covenant
running with the land a cash payment for the value of the cost of
the installation of the sidewalks and curbs based on the last bid
price obtained by the Town for such installation.
Structural alterations which increase the floor area of the
principal building by more than 50% in a residential use shall be
permitted only if the applicant provides for the installation of sidewalks
and curbs to the extent that they are not provided for the street
frontage involved. All new nonbuilding land uses nonresidential in
character shall also require provisions for concrete sidewalks and
curbs.
[Amended 8-15-1988 by L.L. No. 5-1988; 7-24-2018 by L.L. No. 8-2018]
All references herein contained to certain standards which indicate a publisher and date are hereby deemed to mean the latest revised edition of such standard. Where a federal, state, county or local agency promulgates applicable standards which are inconsistent with, or different from, those herein enumerated, the more restrictive standards shall control. Unless otherwise stated, all citations to statutory sections ("§") are from Chapter 43, the Zoning Code, of the Code of the Town of Orangetown (hereinafter referred to as "Orangetown" and "Zoning Code").
4.11.
Applicable to all nonresidential uses. No land or building shall
be used or occupied for a nonresidential use in any manner as to create
any dangerous, injurious, noxious or otherwise objectionable fire,
explosive, radioactive or other hazard; noise or vibration; smoke,
dust, odor or other form of air pollution; electrical or other disturbance;
glare; liquid or solid refuse or wastes; a condition conducive to
the breeding of rodents or insects or other substance, condition or
element, all referred to herein. as "dangerous or objectionable elements,"
in a manner or amount as to adversely affect the surrounding area.
With the exception of those nonresidential uses expressly prohibited
by § 4.4, any nonresidential use that complies with § 4.1;
(Performance standards), shall not be in violation of this section
and may be maintained.
[Amended 7-13-2021 by L.L. No. 6-2021]
4.12.
Performance standards procedure. Only those uses specified in the
Zoning Code's Use Table, Columns 2, 3 and 4, are subject to the performance
standards procedure of § 4.121(c), requiring the review
of performance standards conformance, and a determination thereof,
by the Industrial Use Committee ("IUC") prior to obtaining a building
permit. An operator of any use subject to § 4.121(c) shall
hereinafter be referred to as "industrial user." If the Building Inspector
has reasonable grounds to believe that any other proposed use, operation
or occupancy, including any building, use or occupancy accessory to
a use subject to performance standards procedure, may violate performance
standards, then the Building Inspector may present such finding to
the IUC, and the IUC; after providing the industrial user 15 days'
advance notice, by any reasonable manner, and an opportunity to be
heard, may i) direct such industrial user to comply with the procedure
in § 4.121(c) in obtaining a building permit; or ii) determine
that compliance therewith is unnecessary. When the Building Inspector
has reasonable grounds to believe a building or use may be in violation
of performance standards previously established by the IUC or the
ZBA (as the IUC' s predecessor), the Building Inspector may present
such a finding to the IUC. After providing the industrial user an
opportunity to be heard upon at least 15 days' advance notice, provided
by any reasonable manner, the IUC may then i) direct such industrial
user to comply with the procedure in § 4.121(c) or ii) determine
that compliance therewith is not necessary. Any alteration or change
to an existing building, use, operation or occupancy, otherwise subject
to § 4.1, shall not require IUC review and approval where
the proposed alteration or change does not detrimentally impact or
affect operations, uses or occupancies already subject to performance
standard(s) established by the IUC or the ZBA (as the IUC's predecessor).
The determination as to whether such an alteration or change poses
a detrimental impact or effect shall be made by the Building Inspector
(who may consult with members of the IUC, in accordance with the Public
Officers Law).
[Amended 7-13-2021 by L.L. No. 6-2021]
4.121.
Industrial
Use Committee.
[Added 7-13-2021 by L.L.
No. 6-2021]
(a)
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.
(b)
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.
(c)
Procedures for review of an application requesting an IUC determination
that a proposed use conforms to the performance standards.
(i)
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).
(ii)
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.
(d)
Annual monitoring and reporting.
(i)
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.
(ii)
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]]
(a)
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).
(b)
The industrial user's initial, and continued, compliance with
the performance standards (§ 4.1) shall include the following:
(i)
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.
(ii)
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).
(c)
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).
(d)
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.
(e)
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.
(f)
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.
(g)
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.
[1]
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.
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]]
(a)
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.
(i)
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.
(b)
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.
(c)
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:
[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.
4.21.
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]
4.23.
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:
(a)
To each street frontage for corner lots or through lots.
(b)
To each unit of street frontage of not less than 500 feet abutting
any lot.
(c)
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:
(a)
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.
(b)
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.
(c)
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.
(d)
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.
4.31.
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.
[1]
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]
4.32.(A).
Airports and heliports
(in any district):
i.
Surfacing. Any areas to be used by aircraft under its own power shall
be provided with a dustless surface.
ii.
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]
iii.
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]
iv.
Fencing. Access to ground areas used by aircraft shall be controlled
by fences and gates.
v.
Screening. Screening shall be provided.
vi.
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):
i.
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.
ii.
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.
iii.
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:
i.
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.
ii.
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.
iii.
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.
iv.
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.
v.
Slope. The slope of material in any excavation shall not exceed
the normal angle of repose or 45°, whichever is less.
vi.
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.
vii.
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.
viii.
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]
ix.
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.
x.
Fees.
[Amended 5-14-1973 by L.L. No. 8-1973]
(a)
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]
(b)
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:
i.
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.
ii.
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.
i.
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.
ii.
Disposal of ashes and noncombustible materials on the site shall
be by the sanitary-fill method.
iii.
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]]
i.
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.
[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.
ii.
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.
iii.
Occupancy.
[Amended 4-25-1988 by L.L. No. 1-1988]
a.
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.
b.
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.
c.
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.
d.
In renting dwelling units permitted under this section, a preference
shall be given to senior citizens who:
1.
Have the lowest income among all those who can afford
to rent the dwelling unit;
2.
Are the oldest among those applying for occupancy;
3.
Have proven permanent need for dwelling units that
are accessible for the handicapped; and
4.
Are residents of the Town of Orangetown, with priority
given to those who have been residents the longest.
iv.
Construction requirements.
[Amended 4-25-1988 by L.L. No. 1-1988]
a.
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.
v.
Community space.
[Amended 4-25-1988 by L.L. No. 1-1988]
a.
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.
vii.
Permitted signs per Sign Ordinance.
a.
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.
ix.
Additional regulations.
a.
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.
b.
Minimum lot area: one acre.
[Amended 4-25-1988 by L.L. No. 1-1988]
c.
Minimum lot frontage: 100 feet along a major or secondary road.
e.
Floor area ratio: 45%.
[Amended 4-25-1988 by L.L. No. 1-1988]
f.
Maximum land coverage: 65%.
g.
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]
i.
Maximum building height: one foot of height per foot of distance
from the lot line.
j.
The minimum distance between buildings shall be no less than
the height of highest building.
x.
Site plan review.
A.
Building permit.
(i)
No building permit shall be issued hereunder without
a special permit therefor having been issued by the Town Board after
public hearing.
(ii)
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.
B.
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]
C.
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.
D.
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]
E.
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.
F.
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.
G.
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]
[2]
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]
i.
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.
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.(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]
i.
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.
ii.
Purposes and considerations.
(a)
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.
(b)
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.
(c)
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.
iii.
ADULT BOOKSTORE
ADULT ENTERTAINMENT CABARET
ADULT MOTION-PICTURE THEATER
MASSAGE PARLOR
PEEP SHOWS
Definitions. As used in this local law, the following terms
shall have the meanings indicated:
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.
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.
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.
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.
iv.
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.
(a)
Any of the above uses shall not be located within
a five-hundred-foot radius of any area zoned for residential use.
(b)
Any of the above uses shall not be located within
a one-half-mile radius of another such use.
(c)
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.
(d)
No more than one of the adult uses as defined above
shall be located on any lot.
(e)
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.
(f)
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.
|
v.
The above uses shall be subject to site plan approval by the
Planning Board.
vi.
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.
vii.
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]
i.
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.
ii.
Purpose and intent.
(a)
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.
(b)
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.
iii.
Permitted uses:
(a)
Business, medical and professional offices.
(b)
Research, experimental and testing laboratories.
(c)
Hotels.
(d)
Conference centers.
(e)
Banks.
(f)
Retail stores.
(g)
Personal service establishments.
(h)
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]
(i)
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]
iv.
Mixture of uses.
(a)
The development shall include a compatible mix
of uses, designed as an integrated whole, with common access, signage
and other design features.
(b)
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]
v.
Lot and bulk controls. The following lot and bulk controls replace
those specified elsewhere in the ordinance:
(a)
Maximum floor area ratio: 0.4.
(b)
Minimum lot area: 10 acres.
(c)
Minimum lot width: 300 feet.
(d)
Minimum street frontage along Route 303: 150 feet.
(e)
Minimum front yard along Route 303: 150 feet.
(f)
Minimum building setback from all other property lines: 50 feet.
(g)
Maximum building height: four stories, but no higher than 50
feet.
(h)
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.
vi.
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)
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;
(b)
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
(c)
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.
vii.
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.
viii.
Minimum required off-street parking and loading.
(a)
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.
(b)
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.
(c)
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.
ix.
Information required by the Town Board for consideration of
special permit.
(a)
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.
(b)
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.
(c)
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.
(d)
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.
x.
Subdivision and site plan approval.
(a)
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.
(b)
The site plan submission shall show specific trees and other
vegetation with buffer areas, both existing and proposed.
(c)
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]
i.
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.
ii.
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.
iii.
A mixed-use expansion shall be allowed upon the issuance of
a special permit by the Town Board if the following criteria are met:
(a)
The site must adjoin property which has received
a special permit from the Town Board authorizing its use as a mixed-use
development.
(b)
The site can be no less than 1/2 acre or greater
than 2.0 acres in area.
(c)
The gross floor area of the building or buildings
on the site cannot exceed 20,000 square feet.
(d)
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.
(e)
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.
iv.
Permitted uses: all uses permitted in Section 4.32(O)iii.
v.
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.
vi.
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.
vii.
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).
viii.
Signs. In addition to signs otherwise allowed
under this ordinance, signs within a mixed-use expansion may include:
(a)
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.
(b)
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.
ix.
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.
x.
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]
i.
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:
(a)
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.
(b)
No additional parking spaces may be constructed, including spaces
that may have been previously approved but not constructed. No additional
impervious coverage is permitted.
(c)
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.
(d)
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.
(e)
The proposed areas for parking of vehicles within the property must
be at least 200 feet from residential lot lines.
(f)
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.
(g)
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]
(h)
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.
4.32.R.
Stand-alone fitness center.
[Added 12-12-2023 by L.L. No. 14-2023]
i.
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:
(a)
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.
(b)
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.
(c)
The entrance to all off-street parking and truck loading spaces shall
be from an internal driveway system and not from a public street.
(d)
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.
(e)
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.
(f)
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.
(g)
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.
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.
[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]
[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:
A.
Dwelling units equipped with full kitchen facilities and designed
for senior citizens as defined in § 4.65 hereof.
B.
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.
C.
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.
D.
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.
A.
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]
B.
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.
A.
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.
B.
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]]
[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.
A.
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.
|
B.
Potential redevelopment sites within a CS District.
[Amended 10-22-2019 by L.L. No. 7-2019]
(1)
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.
(2)
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.
C.
Potential conversions of existing buildings in Pearl River, Tappan
and Sparkill.
(1)
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.
(2)
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.
A.
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.
B.
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.
C.
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.
D.
Artificial lighting of walkways, parking areas and common buildings
shall provide illumination sufficient for the convenience and safety
of the residents.
E.
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.
F.
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.
G.
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.
[2]
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.
A.
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:
(1)
A written description of the proposed development.
(2)
A concept plan including all the items listed below:
(a)
The disposition of various land uses and the areas covered by
each, in acres.
(b)
A sketch of the interior road system with all existing and proposed
rights-of-way and easements, whether public or private.
(c)
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.
(d)
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.
(e)
An illustrative site plan, indicating the relationship between
the proposed road system, parking lots, buildings, open spaces and
other physical features.
(f)
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.
(g)
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.
(h)
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.
(i)
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.
B.
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.
C.
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.
D.
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]]
(1)
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.
(2)
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.
E.
Town Board action on the application for rezoning to a PAC district.
(1)
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.
(2)
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:
(a)
The likely marketability of the proposed units in relation to
previously approved PAC developments throughout the Town.
(b)
The potential saturation of PAC units in any given neighborhood.
(c)
The suitability of the site for the senior population in terms
of vehicular access, walkability for pedestrians and overall traffic
concerns.
(d)
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.
(e)
Other relevant factors.
(4)
The Town Board, at its discretion, may attach any reasonable
conditions on an approval of a Planning Adult Community development
as necessary to assure conformance with the intent and purposes of
the Town Comprehensive Plan and the PAC regulations, as specified
herein. The conditions of approval shall specify all relevant procedures
for unit sale or rental, reoccupancy, income verification and related
costs.
(5)
If the rezoning is granted, the approved PAC district shall be duly noted on the Town's Zoning Map.