Carmel City Zoning Code
ARTICLE X
Site Plan Review; Lot Line Adjustment.
§ 156-80 Approval required.
No building permit shall be issued, and no structure or use shall be established, other than a single-family detached dwelling and accessory uses thereto, and no certificate of occupancy for such a structure or use shall be issued until the Building Inspector is satisfied that all applicable requirements and conditions set forth herein have been met. The continued validity of any certificate of occupancy shall be subject to continued conformance with such approved site plan and conditions. Revisions of such plans shall be subject to the same approval procedure.
§ 156-81 Site plan review procedure.
Sketch plan review. Prior to the submission of a full site plan application, the applicant shall meet with the Planning Board (less than a quorum), its consultants and/or designated representatives. The Planning Board or its designated representatives will review a sketch plan or other materials that are submitted by the applicant and shall advise the applicant preliminarily of the merits of the proposal based on a review of the zoning chapter, its consistency with the Town Comprehensive Plan, and potential site plan issues and concerns. The Planning Board or its designated representatives will identify the data to be submitted in conjunction with the site plan application.
Within six months following the sketch plan review, the requisite number of copies of the site plan and any related information shall be submitted to the Planning Board at least 15 days prior to the Board meeting at which the application shall be reviewed. If the site plan is not submitted within the six month period, another sketch plan meeting may be required.
Area variance. Where a proposed site plan contains one or more features which do not comply with this zoning chapter, application may be made to the Zoning Board of Appeals for an area variance pursuant to Article VIII, Zoning Board of Appeals, without the necessity of a decision or determination of the Building Inspector or a referral from the Planning Board.
Acceptance of site plan application. Upon receipt of an application for site plan approval, the Planning Board shall review the application and accompanying maps for completeness. Upon a determination that the application is complete, the Board shall accept the application at its next regular meeting. The date on which the Planning Board deems the application complete shall be the date an application for site plan approval is made at the regular meeting. An application shall not be deemed complete unless a fee for site plan application has been paid as set forth below.
Fees. An application for a site plan approval shall be accompanied by an application fee as set by the Town Board. All application fees are in addition to any required escrow fees, and do not cover the cost of environmental review. The applicant shall be responsible for the total cost of environmental reviews that are determined to be necessary to meet the requirements of the State Environmental Quality Review Act (SEQRA). If the Planning Board requires professional review of the application by the Town's planning, engineering, legal or other consultants, or if it incurs other expenses to review documents or conduct special studies in connection with the proposed application, the applicant shall be responsible for reimbursing the Town in accordance with the Fee Schedule of the Town of Carmel and may be required to contribute to an escrow account for purposes of same.
Violations. No site plan approval shall be issued for any use or new construction where a violation exists on the subject property of any chapter of the Town of Carmel Code or the New York State Uniform Building Codes. Further, upon written report or receipt of a notice of violation or order to cease and desist from the Building Inspector, the Planning Board shall not review, hold public meetings or public hearings, or take such action regarding an application for site plan approval until notified by the Building Inspector that such violation has been cured or ceased by the applicant. A site plan application shall not be deemed complete in the absence of such notification. However, the Planning Board may, upon written recommendation of the Building Inspector, review and act on an application involving property for which there is a violation where such application is a plan to cure the violation and bring the property or use of the property into compliance with the Town Code.
Referrals. Upon review of the application, the Planning Board may require that additional copies of the site plan application be forwarded to one or more of the following reviewers:
Town Highway Superintendent;
Town Engineer, Town Planner or any other department, official or agency of the Town;
Emergency and community service providers, including the applicable fire and/or school district;
Water, sewer, electric, gas, cable, phone, or other utility service providers;
Putnam County Highways and Facilities or Putnam County Department of Health;
The NYSDOT, the NYSDEC, NYSOPRHP;
NYCDEP;
U.S. Army Corps of Engineers, Federal Emergency Management Agency;
An expert consultant qualified to advise on the subject matter as determined by the Planning Board;
Any other agency or Town Committee that the Planning Board deems appropriate based on the nature of the application.
SEQRA. The Planning Board shall comply with the provisions of the New York State Environmental Quality Review Act under Article 8 of the Environmental Conservation Law and its implementing regulations.
Public hearing. The Planning Board may hold a public hearing on the site plan. Nothing herein shall preclude the holding of a public hearing on any matter on which a public hearing is not so required. If a hearing is held, such hearing shall be held within 62 days of the Planning Board's acceptance of a complete site plan application. The Planning Board shall give public notice of said hearing in a newspaper of general circulation in the Town at least five days prior to the date thereof. The applicant shall notify by mail at least five days prior to the hearing, all owners of property within 500 feet of the perimeter of the property, as their names appear on the Town of Carmel tax records. Said notice shall be on forms prescribed by the Planning Board and shall state the time and place of hearing, a brief description of the proposal and that a copy of the plan is on file with the Planning Board Secretary for public inspection. Proof of service shall be filed with the Planning Board prior to the hearing. Where a special use permit is required for the proposed action, the public hearing on the special use permit shall be coordinated with any hearing on the site plan application to the maximum extent possible. Further, the Planning Board may require that signs announcing the public hearing be posted on the site which is the subject of the Application in a number set forth by the Planning Board. The applicant shall be responsible for paying for all fees associated with the on-site posting.
Notice to Putnam County Planning, development and public transportation. At least 10 days before any hearing, the Planning Board shall mail notices thereof to the Putnam County Planning Department as required by § 239-m of the General Municipal Law of the State of New York, which notice shall be accompanied by a full statement of such proposed action as defined therein. In the event a public hearing is not required, such proposed action shall be referred before the final action is taken thereon. No action shall be taken until 30 days have lapsed from the date of the referral, or until a response is provided if sooner.
Site plan decision. The Planning Board shall render a decision within 62 days of the close of a public hearing, or within 62 days after receipt of a complete site plan application if no public hearing is held. The Planning Board may approve, conditionally approve, or disapprove a site plan. The time within which the Planning Board must render its decision may be extended by mutual consent of the applicant and the Planning Board. The date of the decision shall be the date on which the Planning Board meets and votes and renders the decision. The decision of the Planning Board shall be filed in the office of the Town Clerk within five business days after such decision is rendered, and a copy thereof mailed to the applicant. A copy of the decision shall also be filed with the Building Inspector. The Planning Board may approve, approved with modifications or disapprove the site plan as follows:
Approve. Upon approval of the site plan and payment by the applicant of all fees and reimbursable costs due to the town, the Planning Board Chairperson shall endorse its approval on a copy of the site plan by affixing the Chair's signature thereto.
Approve with modifications. The Planning Board may approve the site plan with modifications or conditions attached thereto. Upon a determination that the modifications and conditions have been met, and after payment by the applicant of all fees and reimbursable costs due to the Town, the Planning Board Chair shall endorse the site plan by affixing the Chair's signature thereto.
Disapprove. The Planning Board shall set forth its findings of disapproval as part of the record of decision.
Conditions. The Planning Board has the authority to impose reasonable conditions and restrictions as are directly related and incidental to a site plan. The Planning Board may require that site plan approval be periodically reviewed if the intensity of the projected use and other impacts of the project are uncertain. Upon approval of the site plan, any conditions attached to said approval must be met prior to the signing and filing of the site plan map.
Site plan amendments. Amendments to a site plan shall be acted upon in the same manner as the approval of the original site plan. However, minor non-substantive changes to a site plan which do not change the intent of the approved site plan relative to building location, square footage, on-site circulation or minor revisions to the proposed drainage plan will not require a public hearing. The Planning Board shall determine if an amendment to an approved site plan is a substantive or nonsubstantive change, based on testimony from the applicant and the Board's professional staff.
Signing and filing. Following approval by the Planning Board and upon all conditions being met, the site plan shall be signed by the Planning Board Chairperson and filed with the Building Department. One copy shall also be filed with the Building Inspector, who may thereafter issue a building permit or certificate of occupancy in reliance thereon. No changes, erasures, modifications or revisions shall be made to any site plan after approval has been granted by the Board and endorsed, in writing, on the site plan, otherwise the site plan shall be deemed void.
Site plan approval; maintenance a continuing obligation.
Expiration of approval. Site plan approval, with or without conditions, shall expire no later than one year from the date of the approval unless a building permit has been issued by the Building Inspector, or unless a certificate of occupancy has been issued by the Building Inspector in the event a building permit is not required. The Planning Board may, in its sole discretion, grant up to one one-year extension of the site plan approval. An extension may only be granted upon written request of the applicant delivered to the Planning Board no less than 10 days prior to expiration of the site plan approval. No further extensions shall be granted.
If a certificate of occupancy has not been issued, site plan approval shall be effective for a total period of three years from the date the resolution of approval is adopted by the Board, notwithstanding any extension granted. If, at the end of the three year period, the applicant has not completed construction, final site plan approval shall automatically expire, and the applicant must reapply for site plan approval pursuant to this zoning chapter.
Site maintenance. It shall be a continuing obligation and requirement to maintain a property in conformity with the approved site plan. Failure to do so shall constitute a violation of the approval and this zoning chapter.
§ 156-82 Site plan waiver.
Site plan approval may be waived, in whole or in part, when the site is for a conforming use or occupancy that will not enlarge an existing building and where said conforming use or occupancy would also conform to all other requirements of this zoning chapter. To apply for a waiver, the applicant shall submit to the Planning Board a written request, setting forth the following:
A detailed statement of the applicant's proposed use of the building or property, including detailed information on the conformity and adequacy of the on-site parking and loading facilities, signs, number of employees and all other applicable information required by this chapter and other Town ordinances for the proposed use in the zone in which said use is located.
The applicant's reasons for requesting a waiver of all or part of the site plan requirements of this chapter.
In considering a request for a waiver of site plan approval, the Planning Board shall consider the standards and other requirements for said site plan approval as contained in this zoning chapter. The Planning Board shall make findings that the approval of the waiver does not impair the intent and purposes of this zoning chapter.
The Planning Board's findings and written approval or disapproval with or without conditions of a waiver shall be forwarded to the applicant and the Building Inspector or other Town agency or department, where appropriate.
No fee shall be required for making a request for waiver of site development plan approval.
Where a request for waiver of site plan submission is filed for a site which is developed in accordance with an approved site plan and which meets all the requirements of this zoning chapter, the Building Inspector may review and approve or disapprove the waiver request, in accordance with the regulations contained within this subsection. The Building Inspector shall notify the Planning Board of any application for a waiver of site plan submission that was received by that office and the action taken on the application.
§ 156-83 Site plan submission.
Application form. An application for site plan approval shall be submitted to the Planning Department on forms provided by the Department for such purpose. The application shall be reviewed by the Planning Board Secretary and Town Engineer. The application form shall be completed by the applicant and the owner and shall be accompanied by a site plan as provided herein. A site plan application form and an owner consent affidavit shall be completed in full with original signature(s) and submitted with the application. An Environmental Assessment Form shall accompany the site plan application unless the Planning Board determines that the action is an exempt action (Type II action) as that term is defined in the regulations implementing the New York State Environmental Quality Review Act.
Site plan. A site plan application, together with the application fee and site plan, shall be made in 10 copies to the Planning Board Secretary. The fee shall be set by resolution of the Town Board which shall be filed in the office of the Town Clerk. The site plan shall be drawn at a scale not smaller than one inch equals 50 feet, prepared by a licensed architect, licensed landscape architect, licensed surveyor, or licensed engineer under professional seal. The site plan must be clear, legible and to scale. The site plan submission and site plan map shall include the following information for the subject property unless waived by the Planning Board:
Section, block and lot number of the property as identified on the most current tax records, and Carmel project ID number.
Name and address of the owner of record and name and address of the applicant, if different than the owner.
Name, address and telephone number of the person, firm or organization preparing the map.
Date, north arrow and written and graphic scale.
Sufficient description or information to define precisely the boundaries of the property. All distances shall be in feet and tenths and hundredths of a foot. All angles shall be given to the nearest 10 seconds or closer or equivalent in decimal degrees. The error of closure shall not exceed one in 10,000.
The location, name and existing right-of-way width and pavement width of adjacent streets and curb locations.
Locations and owners of adjoining property as identified on the most current tax records within 500 feet of the property boundary.
Location, width and purpose of all existing and proposed easements, setbacks, reservations and other restricted areas, whether private or dedicated to public use, within or adjoining the property.
A complete description and references to existing deed restrictions or covenants applicable to the subject property. The Planning Board may require submission of a copy of a title report prepared for the subject property to be reviewed by the Planning Board attorney.
Principal and accessory uses of the property as set forth in the zoning district within which the property is located.
Area map taken from, and at the same scale as, the Town of Carmel zoning map. Existing zoning district boundaries within 500 feet of the property lines shall be shown.
A map showing all contiguous property held in the same ownership or controlled by the same applicant on the area map.
A 3.5-inch blank square, in the lower right-hand corner, situated above the title block, to be used for the signatures of the Planning Board Chairperson.
A reference to NYS Public Service Law Part 753 requirements (Dig Safely New York).
Standard site plan notes described in the application for site plan approval.
Existing and proposed contours at intervals of two feet or less, referring to a datum satisfactory to the Town Engineer.
Approximate boundaries of any areas subject to flooding or storm water overflows, including the area of special flood hazard and 500-year floodplain as shown on the most recent maps prepared by the Federal Emergency Management Agency.
Delineated and surveyed boundaries of all water bodies and freshwater wetlands in accordance with the methodology promulgated by the Town, the U.S. Army Corps of Engineers, or the NYSDEC, as applicable. In the case of a Town and/or NYSDEC-regulated wetland, the 100-foot regulated adjacent area shall be shown.
Location of existing watercourses, marshes, wooded areas, rock outcrops, isolated trees with a diameter at breast height (dbh) of 12 inches or more, measured three feet above the base of the trunk, and other significant existing natural features as may be required by the Planning Board. For water courses, the water quality classification shall be included, and any area subject to a NYCDEOP Permit and/or a NYSDEC Protection of Waters Permit shall be delineated on the plan. Any areas to be disturbed shall be shown.
Location of existing and proposed uses and outline of structures on the subject property and adjacent properties, drawn to scale, within 100 feet of the lot lines.
Existing and proposed streets, paved areas, sidewalks and vehicular driveways and access locations on the subject property and immediately adjacent thereto.
Locations, dimensions, grades and flow direction of existing sewers, culverts and waterlines as well as gas, electric, or other underground and aboveground utilities within and adjacent to the property. The potential for any use, activity, or operation to come in close proximity to electrical lines regulated under the High Voltage Proximity Act shall be identified.
Other existing and proposed structures, including fences, walls, landscaping and screening. Existing and proposed retaining walls shall be shown, and the top and bottom elevation noted.
The footprint or location of proposed buildings and other structural improvements and uses of land. Building footprints shall show the locations of regular and emergency access to any proposed building or use. Sufficient spot elevations shall be provided so that the elevations of any proposed improvements can be evaluated in comparison to surrounding grade. Any areas proposed for outdoor storage shall be shown.
Proposed contours and grading of the site and limits of disturbance. A calculation of the total amount of disturbance shall be provided.
All pertinent zoning setback and yard dimensions and parking computations. A bulk table shall be provided, identifying non-complying items or those that require a variance.
Single line building floor plans and elevations to scale.
The location and design of all accessory uses and facilities, including but not limited to parking and loading areas, retaining walls, fences, benches, recreation facilities, garbage enclosures.
The location of all open spaces, including but not limited to recreation areas, landscaped areas, and areas to remain in their natural state.
A lighting plan, showing the location, height, direction, power and time of use for any proposed outdoor lighting or public address systems.
Sign location and dimensions.
The location and arrangement of proposed means of access and egress, including sidewalks, driveways or other paved areas; profiles indicating grading and cross sections showing width of roadway, location and width of sidewalks.
The location and size of all proposed water, sewer, electric, gas, and drainage lines and facilities.
Landscaping plan, including labels for existing and proposed plants and plantings, including plant species, quantities and planting size.
Soil erosion and sediment control measures.
Stormwater Pollution Prevention Plan (SWPPP), if required by the Planning Board or as otherwise required in accordance with Town, NYCDEP, and/or NYSDEC regulations.
Detail sheets for the various improvements shown on the site plan.
A description or outline of proposed easements, deed restrictions or covenants.
Any contemplated public improvement on or adjoining the subject property.
If the site plan indicates a first phase only, a supplementary plan shall indicate ultimate development.
A list of all required federal, state, county or local permits and approvals.
An estimate of the number of employees who will be using the site on a full- or part-time basis, if applicable, and, if a nonresidential principal use, a description of the operation, including a description of the types of products to be sold, the type of machinery and equipment to be used, if any, and sufficient information to enable the Planning Board to determine the impact which such nonresidential activity may have on adjacent properties.
A list, certified by the Town Assessor, of all property owners within 500 feet of all boundaries of the site.
Additional data. The Planning Board may require submission of any additional data or information that it deems necessary to determine conformity of the proposed action with this zoning chapter.
Stormwater management. The Planning Board shall require the applicant to submit a storm water management plan to mitigate impacts associated with increases in storm water runoff and changes in water quality. The Planning Board shall require an applicant to install adequate water quality protection devices.
Site plan revisions. All site plans that have been revised shall have a number noted in a triangle next to the revision, accompanied by the date and a brief descriptive summary of the revision.
§ 156-84 Review criteria.
The site plan's conformity to this zoning chapter, the subdivision chapter, any adopted Comprehensive Plan and any other applicable codes, laws and ordinances of the Town of Carmel.
The site plan's proposed traffic flow, circulation and parking, to ensure the safety of the public and the users of the facility. Access to the site from adjacent roads shall be designed so as to interfere as little as possible with traffic flow on these roads and to permit vehicles' safe ingress and egress to and from the site and adequate sight distances shall be provided.
Design review criteria.
Building plans shall be reviewed in several aspects:
Proportion. The relationship between the width and height of the front elevation of a building should be similar to the adjacent buildings. Proportion can also apply to the relationship between windows and doors and their relationship to the building itself.
Rhythm. The rhythm of the building and its components is the spacing or repetition of architectural elements or details. The regularity, frequency and placement of doors, windows, porches and ramps and the placement within a facade is a type of rhythm. Rhythm between adjoining buildings can exist when building types are repeated along street.
Scale. Scale is the relationship between architecture and people or between the architectural mass and the space which surrounds it. The scale of the Town of Carmel is intimate in nature. Any building built on a monumental scale will seem out of place and foreign. Certain already-built buildings are deemed inappropriate in some areas of the Town.
Height. New buildings will be in harmony with appropriate buildings and subject to the requirements of this zoning chapter.
Facade treatment. The exterior features of all buildings should be visually and physically compatible with appropriate facades surrounding them. Components to consider are color, texture and type of building materials. Specific details such as roof shape, cornices and moldings should be repeated to unify buildings and not used to create visual distractions.
Monotony of design in single or multiple building projects shall be avoided. Variation of detail, form and siting shall be used to provide visual interest. In multiple building projects, variable siting or individual buildings may be used to prevent a monotonous appearance.
Development requirements.
Materials will be selected to create harmony with the adjoining appropriate buildings and for suitability to the type and use of the buildings. A building shall use the same materials or those that are architecturally harmonious for all building walls and other exterior building components wholly or partly visible to the public.
Colors shall be harmonious and shall use only compatible accents.
Mechanical equipment or other utility hardware on the roof, ground or buildings shall be screened from public view with materials harmonious to the building.
Exterior lighting shall be part of the architectural concept. Fixtures, standards and all exposed accessories shall be harmonious with the building design.
Service yards, storage area, yards and exterior work shall be screened from public view with materials harmonious with the building and in compliance with Code.
Dumpsters must be screened from view, and shall not be located in the required front yard.
General standards. The following standards shall apply.
Locate the building at a minimum setback line with the maximum length of the building facing along the street to provide frequent and convenient pedestrian connections between buildings and public sidewalks; minimize the public view of large parking areas and service facilities; provide a continuous building edge along the street; and visually enclose and define public street space that is comfortable to pedestrians in proportion and scale.
Design and place buildings to preserve and enhance special street views. Views of important buildings and natural features, focal points at intersections and views along curbs and roadways should be encouraged.
Position new buildings to insure the adjacent properties have visual privacy and sunlight as well as protection from the new development's site illumination, noise and odor.
In terms of shape, style, rooflines, color and materials, buildings shall be designed to complement and contribute to a desirable community character.
Design landscaping and building adjacent to historic properties that are complementary to the significant historical features.
Design and position buildings to screen unsightly elements, such as shipping and loading areas, transformers, dumpsters and meters, from public view.
Design the building roof to screen mechanical equipment from view and contribute to an attractive visual setting.
Design the building to insure adequate blending of the storm drainage requirement with the local environment.
Provide a minimum 10-foot "buffer island" outside any public right-of-way which shall be landscaped (trees, bushes, flowers, etc.) in front of all nonresidential lots, unless otherwise indicated in this zoning chapter.
Unless regulated elsewhere herein, provide a minimum 20-foot landscaped buffer area/zone on all sides of site plan bordering residentially zoned properties. For purposes of this section, landscaping shall include native evergreen trees, plantings and/or shrubbery which in the discretion of the Planning Board shall minimize impact of proposed site plan improvements upon neighboring residential properties.
The Planning Board, in its discretion, shall determine whether bike racks or bike storage areas shall be provided as part of the proposed application. In general townhome and multifamily developments with 10 or more dwelling units, and commercial uses with a gross square foot of 10,000 square feet or more, shall require these amenities unless waived by the Planning Board.
Situate development below prominent ridgelines that are visible from the public roads in the Town. Avoid clearcutting hilltops.
A landscaping element as part of the overall site plan design to be integrated with the arrangement of building, topography, parking and buffering proposals. The landscaping proposal may include native trees, bushes, shrubs, plants, ground cover, sculpture, art and the use of building and paving materials in a design and of materials that would be compatible with the building design.
The height, density and the type of planting, proposed as buffering, to be located around the perimeter of the site to minimize the glare of headlights, light from structures, noise and movement of people and vehicles and the on-site activities from adjacent properties, where necessary. Buffering may consist of fencing, trees, shrubs, bushes or combinations thereof to achieve the stated effect. Native plant species shall be prioritized as per the zoning chapter.
The adequacy of the proposed lighting to ensure safe movement of persons and vehicles and for security purposes. Lighting standards shall be of a type approved by the Planning Board. Lights shall be arranged to minimize glare and reflection on adjacent properties.
Signs, as per the regulations of this zoning chapter, which shall be designed to be aesthetically pleasing, harmonious with other signs on the site and located to achieve this purpose without constituting hazards to vehicles and pedestrians.
Storm drainage, sanitary waste disposal, water supply and garbage disposal shall be reviewed and considered with particular emphasis given to the adequacy of existing systems and the need for improvements to adequately carry runoff and sewage and to maintain an adequate supply of water at sufficient pressure.
Environmental elements relating to soil erosion, preservation of trees, protection of watercourses and resources, noise, topography, soil and proposals designed to minimize any adverse impact on these elements.
Standards applicable to the location and design of public and private utilities and services.
Adequate provision shall be made for a sewage disposal system which shall be of sufficient size, capacity and design to collect and dispose of all sewage from all present and proposed buildings and which shall be otherwise constructed and maintained in conformity with all applicable local, state, county and Town regulations and requirements.
Adequate provision shall be made for a storm drainage system which shall be of sufficient size, capacity and design to collect, carry off and dispose of all predictable surface water runoff within the area and which shall be otherwise constructed and maintained in conformity with all applicable state, county, local and Town regulations and requirements.
Adequate provision shall be made for a potable water system which shall be of sufficient size, capacity and design to supply potable water to each of the buildings to be erected in the development and which shall be otherwise constructed and maintained in conformity with all applicable state, county, local and Town regulations and requirements.
Adequate provision shall be made for the collection and disposal of garbage, trash and solid waste, and such system shall be maintained in conformity with all applicable state, county and Town regulations.
§ 156-85 Bonding; inspections; recreation fee.
Bonding and inspection.
The Planning Board, in conjunction with the Town Engineer, shall set the amount for a performance bond to cover the full cost of the required improvements shown on the approved site development plan. Such bond shall insure to the Town of Carmel that the applicant will conform to the approved plan and all applicable regulations. The bond shall become effective only after the Town Attorney shall have approved the form, surety and manner of execution.
The Town Engineer or other duly designated representative shall inspect the required improvements during construction to assure their satisfactory completion.
The bond shall be released or reduced only by the Town Board and only after certification by the Planning Board that all or part of the required improvements have been completed in conformance with the approved plan and all applicable regulations.
Inspection fees. The applicant shall pay to the Town of Carmel an engineering fee consisting of a percentage of the full cost of the required improvements as shown on the site plan. The percentage shall be set by resolution of the Town Board which shall be filed in the office of the Town Clerk.
Reservation of parkland.
Before the Planning Board approves a site plan containing residential dwelling units, such plan shall also show, when required, a park or parks suitably located for playground or other recreational purposes.
Land for parks, playgrounds, or other recreational purposes may not be required until the Planning Board has made a finding that a proper case exists for requiring that a park or parks be suitably located for playgrounds or other recreational purposes within the Town. Such findings shall include an evaluation of the present and anticipated future needs for park and recreational facilities in the Town based on projected population growth to which the particular site plan will contribute.
In the event the Planning Board makes a finding that the proposed site plan presents a proper case for requiring a park or parks suitably located for playgrounds or other recreational purposes, but that a suitable park or parks of adequate size to meet the requirement cannot be located on the property, the Planning Board may require a sum of money in lieu thereof be provided in an amount established by the Town Board. In making such determination, the Planning Board shall assess the size and suitability of lands shown on the site plan which could be possible locations for parks or recreational facilities, as well as practical factors, including whether there is a need for additional facilities in the immediate neighborhood. Any monies required by the Planning Board in lieu of land for park, playground or other recreational purposes shall be deposited into a fund to be used by the Town exclusively for park, playground or other recreational purposes, including the acquisition of property.
Notwithstanding the foregoing, if the land included in a site plan under review is a portion of a subdivision plat which has been reviewed and approved pursuant to the Town of Carmel subdivision regulations, the Planning Board shall credit the applicant for any land set aside or money donated in lieu thereof under such subdivision plat approval. In the event of re-subdivision of such plat, nothing shall preclude the additional reservation of parkland or money donated in lieu thereof.
§ 156-86 Lot line adjustment.
Submission. In order that the Planning Board may adequately understand the proposed lot line adjustment, the initial submission shall consist of eight copies of the following documents:
Application form.
Copies of all prior actions of the Town Board, Zoning Board of Appeals, and any other county, local, state, or federal agency.
Copies of any restrictions or easements on the land (copy of deed).
SEQRA. A lot line adjustment is deemed a Type II action and is not subject to the regulations implementing SEQRA.
Fees. The review fee for lot line adjustment consideration in an amount as set forth by the Town Board and accepted in the Town of Carmel Annual Fee Schedule.
Procedures for the review of a lot line adjustment.
An application for a lot line adjustment shall be submitted to the Planning Board at least 14 days prior to a regular meeting of the Board accompanied by 10 copies of a lot line adjustment map and the data set forth in Subsection E below.
Within 62 days of the receipt of a complete application the Planning Board, by resolution, shall disapprove or approve, with or without modifications and/or conditions, and authorize the signing of the lot line adjustment plan. A lot line adjustment shall not require a public hearing.
A conditional final approval of a lot line adjustment plat shall expire within 180 days of the approval if the conditions of the approval have not been complied with. The signature of the duly authorized officer(s) of the Planning Board shall constitute final approval by the Planning Board of the lot line adjustment plan. Final plat approval shall expire within 62 days of the signing of the plan, unless such plan has been filed in the office of the County Clerk.
A lot line adjustment shall not result in additional lots, any lot becoming substandard nor transfer more than 20% or 20,000 square feet to either lot involved in the lot line adjustment. Where this occurs, the application shall be reviewed as a minor subdivision.
Lot line adjustment details. Lot line adjustments submitted to the Planning Board shall be drawn to a scale of not more than one inch equals 50 feet, submitted on uniform size sheets not more than 36 inches by 48 inches and shall show the following information:
Proposed project name or identifying title (must include "lot line adjustment" in the title).
Date, North point, and scale.
Name, address, seal and signature of professional engineer or land surveyor preparing the plat.
A key map at a scale of one-inch equals 800 feet, showing the relation of the portion to be subdivided to the entire tract and the relation of the entire tract to its neighborhood for at least 500 feet beyond its boundaries.
A legend, including names of all adjacent landowners and those within 500 feet of any property line; zoning district the site is in with the requirements of said zone compared to the proposed standards, as well as the abutting zones in the subdivision; and names and addresses of owner(s).
All proposed lot lines, dimensions in feet and the areas of all lots in square feet; metes and bounds description of all proposed lot lines.
The location of proposed setback lines (setback envelope).
Existing or proposed covenants or deed restrictions applying to the site.
Location, composition, and approximate size of all monuments.
Signature block for Planning Board Chairperson to endorse approved plat.
Label "old" and "new" property lines.
Location of all structures, wells, septic systems, sewers and water lines.
Putnam County Department of Health approval.