Carmel City Zoning Code
Article
IV Supplementary Regulations
§ 156-40 General provisions.
This article consists of regulations, provisions and requirements that are supplementary to or in modification of the regulations set forth in the Schedule of District Regulations and the notes accompanying said Schedule of District Regulations that are contained in the preceding article. These supplementary regulations include but are not limited to requirements for signs, parking and loading facilities, landfill and other excavations, industrial performance standards and residential cluster development.
§ 156-41 Signs.
[Amended 4-22-1992 by L.L. No. 3-1992; 12-9-1998 by L.L. No. 11-1998; 7-2-2008 by L.L. No. 2-2008; 7-1-2009 by L.L. No. 1-2009; 3-20-2024 by L.L. No. 2-2024]
A.
General regulations for signs. The following regulations shall apply to all signs in all districts:
(1)
Signs shall not be erected within the right-of-way of any street except for official traffic signs.
(2)
The area of a sign shall be computed as the total area of the smallest rectangle that will contain the entire sign or sign structure, including all parts thereof, except the supports of a freestanding sign which shall not contain any advertising material.
(3)
Each side of a multifaced sign shall be considered as a separate sign for computation of the total surface area of any such sign.
(4)
The following types of signs are prohibited:
(a)
Any sign that obstructs a sign displayed by a public authority for the purpose of traffic safety, instruction, direction or other information.
(b)
Any sign that obstructs any window, door, fire escape, stairway, ladder or opening intended to provide light, air, ingress or egress for any building.
(c)
Signs that cause direct glare into or upon a dwelling or other structure where persons live, are employed or conduct other activity where such glare would constitute a sustained nuisance.
(d)
All unshielded and bare incandescent light sources or any LED string lights where the bulb or diode is visible from any public space or right-of-way unless placed in a window in conformity with § 156-41A(5)(h)[1], [2], and [3] herein.
(e)
Billboards advertising products or services other than those dispensed at the structure and location on which the billboard is located.
(f)
Signs that revolve or otherwise move or which utilize flashing or blinking lights or multiple illuminating units which operate alternately.
(g)
Signs that cause direct glare into or upon a dwelling or other structure where persons live, are employed or conduct other activity where such glare would constitute a sustained nuisance.
(h)
All unshielded and bare incandescent light sources or any LED string lights where the bulb is visible from any public space or right-of-way.
(5)
The following are signs for which no permit is required in any district:
(a)
Signs not illuminated by either direct or indirect lighting, displayed on residential buildings other than single-family dwellings for the purpose of giving only the name thereof as follows: not to exceed one sign on a building, located on the face thereof and projecting not more than six inches therefrom, not extending above the roofline of the building and not exceeding one foot in vertical dimension.
(b)
Official notices or advertisements posted or displayed by or under the direction of any public or court officer in the performance of his official duties, provided that all such signs shall be removed no later than 10 days after the last day of the period for which the same are required to be displayed in order to accomplish their purpose.
(c)
Signs of any political party or announcements of the candidacy of any individual for a nomination of office in the current political primary or election are permitted as follows:
[1]
Years when there is both a primary and general election. Signs in residential zoning districts of the Town are permitted in unlimited number from 15 days prior to the date of the primary election until six days after the primary election and from 15 days prior to the date of the general election until six days after the date of the general election, provided they do not exceed 12 square feet in area. Signs in nonresidential zoning districts of the Town are permitted in unlimited number from 15 days prior to the date of the primary election until six days after the date of the primary election and from 15 days prior to the date of the general election until six days after the date of the general election, provided they do not exceed 16 square feet in area. In addition, no more than five signs between 16 square feet and 32 square feet in area per candidate are permitted from 15 days prior to the date of the primary election until six days after the date of the primary election and from 15 days prior to the date of the general election until six days after the date of the general election in nonresidential zoning districts of the Town only. Signs of political parties or signs containing more than the name of one candidate are also permitted from 15 days prior to the date of the primary election until six days after the date of the primary election and from 15 days prior to the date of the general election until six days after the date of the general election in nonresidential districts of the Town, provided they do not exceed 32 square feet in area, but are limited to a total of three Town-wide.
[2]
Years when there is only a general election. Signs in residential zoning districts of the Town are permitted in unlimited number from three weeks prior to the date of the general election until six days after the date of the general election, provided they do not exceed 12 square feet in area. Signs in nonresidential zoning districts of the Town are permitted in unlimited number from three weeks prior to the date of the general election until six days after the date of the general election, provided they do not exceed 16 square feet in area. In addition, no more than five signs between 16 and 32 square feet in area per candidate are permitted from three weeks prior to the date of the general election until six days after the date of the general election in nonresidential zoning districts of the Town only. Signs of political parties or signs containing more than the name of one candidate are also permitted from three weeks prior to the date of the general election until six days after the date of the general election in nonresidential districts of the Town, provided they do not exceed 32 square feet in area but are limited to a total of three Town-wide.
[3]
Special election. Signs in residential zoning districts of the Town are permitted in unlimited number from three weeks prior to the date of the special election until six days after the date of the special election, provided they do not exceed 12 square feet in area. Signs in nonresidential zoning districts of the Town are permitted in unlimited number from three weeks prior to the date of the special election until six days after the date of the special election, provided they do not exceed 16 square feet in area. In addition, no more than five signs between 16 and 32 square feet in area per candidate are permitted from three weeks prior to the date of the special election until six days after the date of the special election in nonresidential zoning districts of the Town only. Signs of political parties or signs containing more than the name of one candidate are also permitted from three weeks prior to the date of the special election until six days after the date of the special election in nonresidential districts of the Town, provided they do not exceed 32 square feet in area but are limited to a total of three Town-wide.
[4]
School elections. Signs in residential zoning districts of the Town are permitted in unlimited number from three weeks prior to the date of the school election until six days after the date of the school election, provided they do not exceed 12 square feet in area. Signs in nonresidential zoning districts of the Town are permitted in unlimited number from three weeks prior to the date of the school election until six days after the date of the school election, provided they do not exceed 16 square feet in area. In addition, no more than five signs between 16 and 32 square feet in area per candidate are permitted from three weeks prior to the date of the school election until six days after the date of the school election in nonresidential zoning districts of the Town only. Signs containing more than the name of one candidate are also permitted from three weeks prior to the date of the school election until six days after the date of the school election in nonresidential districts of the Town provided they do not exceed 32 square feet in area but are limited to a total of three Town-wide.
(d)
Signs advertising only the name, time and place of any bona fide fair, carnival, festival, bazaar or similar event, when conducted by a public agency or for the benefit of any civic, fraternal, religious or charitable cause, provided that no such sign in any residential district shall exceed 20 square feet in area to be displayed except on the immediate site of the event to which it pertains, no such sign in any commercial or industrial district shall exceed in area the maximum area of signs permitted on any lot in that district, and provided, further, that all such signs shall be removed within 10 days after the last day of the event to which they pertain.
(e)
Signs not exceeding two square feet in area warning the public against trespassing on the land on which the same are displayed.
(f)
Signs of whatever size necessary warning the public of danger, but not containing any advertising material in addition thereto.
(g)
Any informational or directional sign erected by a public agency or under the authorization by a public agency.
(h)
Window signs, provided:
[1]
One window sign is permitted per building or per tenant.
[2]
In addition to a window sign, up to two neon or LED signs may be permitted in the C and CBP Districts only. The total sign area of the two neon/LED signs shall not exceed 5% of the glazing area or five square feet, whichever is smaller, and no individual neon/LED sign shall exceed four square feet. Neon, string and/or LED signs shall not outline the shape or form of any window to which it is attached.
[3]
For all signs within a window—permanent, neon, LED, and/or temporary—the combined area shall not exceed 25% of the total area of the window in which the signs are located.
B.
Signs in residential districts. The following regulations shall apply to signs in residential districts:
(1)
Every sign in a residential district shall:
(a)
Be placed flat against a building, projecting not more than six inches therefrom on the front or side and not extending beyond the height of said building; or
(b)
If a freestanding sign in front of a development, be located at a minimum distance of at least 15 feet from the lot line. Said freestanding sign shall not exceed six feet in height or 10 square feet in area.
(2)
No sign in a residence district shall be illuminated by other than indirect lighting, with the source thereof so shielded that it illuminates only the face of the sign.
(3)
The following types of signs shall be permitted in all residence districts:
(a)
Nameplates and identification signs. Signs indicating the name and address of the occupant or a profession which is conducted on the site, provided that they shall not exceed two square feet in area.
(b)
Sales or rental signs.
[1]
Signs advertising the sale or rental of the premises upon which they are located, provided that they shall not exceed six square feet in area.
[2]
Not more than one such sign may be placed upon any property unless such property fronts upon more than one street, in which case one sign per street may be erected, facing each street.
[3]
Such signs shall be promptly removed when premises are sold or rented.
(c)
Institutional signs.
[1]
Signs of schools, colleges, churches, hospitals or other institutions of a similar public or semipublic nature, provided that the size of any sign shall not exceed 20 square feet in area.
[2]
No more than one such sign shall be permitted for an institution, unless the property fronts upon more than one street, in which case one such sign per street may be erected, facing each street.
(d)
Signs accessory to parking areas.
[1]
Signs designating entrances or exits to or from a parking area, provided that the size of any sign shall not exceed four square feet in area.
[2]
Signs designating the identity and conditions of use of parking areas, provided that the size of any such sign shall not exceed eight square feet in area. Not more than one sign may be placed upon any property unless such property is located on a corner, in which event two such signs may be permitted, one facing each street.
(e)
Development signs.
[1]
Signs advertising the sale or development of the premises upon which they are located may be erected, provided that the area of any sign shall not exceed 20 square feet.
[2]
Not more than one sign may be placed upon any such property, unless such property fronts upon more than one street, in which event, one such sign may be erected facing each street.
[3]
Such signs shall be removed by the developer prior to return of the bond.
(f)
Directional signs for developments.
[1]
Signs indicating the location and direction of premises available for or in the process of development and having inscribed thereon the name of the development may be erected within the right-of-way of access streets serving the premises, provided that the area of any sign shall not exceed two square feet in area. The sign may also be located on the premises.
[2]
Such signs may not be erected closer than 2,500 feet to each other.
[3]
Such signs shall be removed by the developer prior to return of the bond.
(g)
Artisans' signs.
[1]
Signs of builders, electrical contractors, painters and other artisans may be erected and maintained during the period in which such persons are performing work on the premises, provided that the size of any such sign shall not exceed 12 square feet in area.
[2]
Such signs shall be removed within 15 days of completion of the work.
(h)
Private driveways. Signs indicating the private nature of a driveway, provided that the size of any such sign shall not exceed two square feet.
C.
Signs in nonresidential districts. The following types of signs shall be permitted in commercial and industrial districts:
(2)
The area of signs in commercial districts shall be based on a ratio of two square feet of sign area for each one linear foot of building frontage on which the sign will be placed, but shall not exceed a maximum area of 40 square feet.
(3)
The area of signs in industrial districts shall be based on a ratio of two square feet of sign for each one linear foot of building on which the sign will be placed and shall not exceed a maximum area of 40 square feet. On industrial sites having an area of five acres or larger, the sign area shall not exceed a maximum of 75 square feet.
(4)
Not more than one exterior sign shall be permitted for each commercial establishment on each wall facing a street.
(5)
Signs on buildings shall be placed flat against the exterior wall and shall not project more than six inches from the wall to which they are fixed. No sign shall project beyond the top or side of the wall to which it is fixed.
(6)
In a commercial district, no sign shall be placed to extend over a sidewalk where it may cause danger to a pedestrian or interfere with circulation or in such a position that will cause danger to traffic on a street by obscuring the view.
(7)
Billboards and other outdoor advertising displays shall be prohibited in all districts.
(8)
Freestanding identification signs for designed shopping centers and industrial parks that are located on sites of at least five acres, provided that:
(a)
There shall be not more than one such identification sign for each street, other than a residential service street, on which the shopping center or industrial park entrance fronts. No signs facing a residential service street shall be permitted.
(b)
The total area of such identification signs shall not exceed 75 square feet, nor shall they exceed a height of 20 feet.
(9)
Freestanding identification signs other than for design shopping centers and industrial parks, provided that:
(a)
All buildings on the lot must be set back a minimum of 20 feet from the property line.
(b)
The total area of all sides of such identification sign shall not exceed 32 square feet and each side shall not exceed a total of 16 square feet.
(c)
The top of the identification sign shall be no higher than 12 feet from the ground and the bottom of the identification sign shall be no higher than eight feet from the ground.
(10)
Promotional signs shall be permitted, provided that a temporary permit for the use of such devices is obtained from the Building Department of the Town of Carmel at least 10 days in advance of the use of said devices and subject to the following conditions:
(a)
No property shall be permitted to use such outside promotional devices more than six times per year.
(b)
The use of such devices shall be limited to no more than five consecutive days which shall be within the first seven and the last seven days of the calendar month.
(c)
Said promotional devices shall be set up no earlier than 6:00 a.m. on the first day of the temporary permit and shall be removed no later than 6:00 p.m. on the last day of the temporary permit.
(d)
The Building Inspector, when issuing such temporary permit, shall charge and collect a fee therefore. Said fee shall be established annually by the Town Board and shall be on file in the office of the Town Clerk.
(e)
The Building Inspector, when issuing such temporary permit, shall collect a security deposit in the form of cash to insure the removal of said promotional devices at the expiration of the temporary permit. The amount of said deposit shall be established annually by the Town Board and shall be on file in the office of the Town Clerk. The security deposits collected hereunder by the Building Inspector shall be forwarded to the appropriate person in the Town for deposit in the Town's Trust and Agency Funds. Upon the proper removal of all promotional devices by the permit holder, in accordance with the temporary permit, the Town shall refund said security deposit. In the event the permit holder fails to remove the promotional devices at the expiration of the temporary permit for such devices, then the Building Inspector is authorized to effect said removal and to charge the cost of said removal plus an administrative fee against the security deposit.
§ 156-42 Off-street parking and loading.
A.
General regulations for off-street parking and loading facilities. The following regulations and schedules with specific requirements shall apply to all off-street parking and loading facilities for all uses of land in all districts:
(1)
All off-street parking and loading facilities shall be designed at least according to the dimensions as contained in § 156-8, Definitions, of this chapter, i.e., a parking space shall be at least 10 feet wide and 20 feet long exclusive of circulation aisle space; a length of 18 feet shall be permitted if a raised bumper to allow a minimum overhang of two feet is provided. A loading space shall be at least 12 feet wide and 35 feet long exclusive of circulation aisles and shall have headroom of 14 feet if enclosed.
(2)
No off-street loading area or off-street parking area or part thereof for three or more vehicles shall be closer than 10 feet to any dwelling, school, hospital or other institution for human care located on an adjoining lot.
(3)
For development other than single-family dwellings, any off-street parking area or off-street loading area for three or more vehicles shall be permanently improved according to the standards of the Town of Carmel. All parking and loading spaces shall be marked in accordance with a plan approved by the Planning Board so as to provide for the orderly and safe loading, parking and storage of motor vehicles.
(4)
All off-street parking areas and off-street loading areas shall be graded and drained so as to dispose of all surface water without detriment to surrounding uses.
(5)
Access drives.
(a)
All off-street parking areas and off-street loading areas shall have safe and convenient access to a street. Access drives or driveways shall be in accordance with the design controls in Subsection D of this section. If any such area is located contiguous to a street, the street side thereof shall be curbed, and ingress and egress shall be provided only through driveway openings through the curb located and constructed in accordance with specifications prescribed by the Town, county or state, whichever has jurisdiction.
(b)
No access drive or driveway in any residential district shall be used to provide access to uses other than those permitted in such residential district.
(6)
Off-street parking areas for three or more vehicles and off-street loading areas adjoining residences or residential districts shall be screened as approved by the Planning Board. The screening shall be on the side or sides which adjoin or face premises in any residential district, residentially improved lot or institutional premises, such as schools, hospitals, nursing homes, etc.
(7)
Where there are practical difficulties in the location of parking spaces or if the public safety or public convenience, or both, would be better served by the location of such parking spaces other than on the same lot as the use to which it is appurtenant, the Board of Appeals, on specific application, may authorize such alternative location of required parking space as will adequately serve the public interest, subject to the following conditions:
(a)
Such off-site spaces shall be located on land in the same ownership or under a legally binding, perpetual arrangement between the premises.
(b)
The entrance to such space shall be within a radius of 250 feet from an entrance to the use that such space serves.
(c)
Such off-site parking spaces shall be usable without causing hazard to pedestrians, hazard to vehicular traffic, traffic congestion, detriment to the appropriate use of other property in the vicinity or detriment to any residential neighborhood.
(8)
Off-street parking and loading facilities for separate uses may be provided jointly for more than one use, provided that the total number of spaces so provided is not less than the sum of the separate requirements for each use, and provided that all regulations governing the location of accessory spaces in relation to the uses served are adhered to. No accessory space or portion thereof shall serve as a required space for more than one use unless otherwise approved by the Board of Appeals in accordance with the purposes and procedures set forth herein.
(9)
Accessible parking spaces shall be provided as required by the New York State Building Code.
[Amended 7-2-2008 by L.L. No. 2-2008]
(10)
All off-street parking areas shall be designed so as to ensure maximum safety for both vehicular and pedestrian traffic and shall include all necessary traffic flow control devices, including raised islands, bumpers, etc., to establish a safe and orderly traffic flow.
B.
Off-street parking spaces.
Schedule of Off-Street Parking Spaces Required | ||||
|---|---|---|---|---|
[Amended 5-31-1994; 10-21-1998 by L.L. No. 9-1998; 9-20-2006 by L.L. No. 5-2006; 1-17-2007 by L.L. No. 2-2007] | ||||
Land Use | Off-Street Parking Spaces Required (gross = 300 square feet) | |||
Dwellings | See Schedule of District Regulations[1] | |||
Apartment houses for the elderly | 1.5 for each apartment with handicapped spaces as required under § 156-42A(9) | |||
Multifamily dwellings for the elderly | 1.5 for each dwelling unit plus handicapped spaces as required under § 156-42A(9) | |||
Apartment houses | 2 for each dwelling unit | |||
Places of worship, theaters, auditoriums, stadiums or similar places of assembly | 1 for each 3 seats or, where capacity is not determined by the number of fixed seats, 1 per 40 square feet of floor area devoted to patron use | |||
Hotels, motels and other transient | 1.25 for each unit of occupancy | |||
Community buildings, fraternal and social clubs and similar | 1 for each 150 square feet of gross floor area devoted to patron use | |||
Hospitals | 4 for each 5 beds | |||
Nursing homes | 1 for each 3 beds | |||
Government administrative offices | 5 for each 800 square feet of gross floor area | |||
Retail stores, service establishments and professional offices | 1 for each 200 square feet of gross floor area | |||
Designed shopping centers | 6 for each 1,000 square feet of gross floor area | |||
Professional offices in homes | 1 for each professional and other full-time employee plus 3 additional | |||
Restaurants, bars, commercial entertainment establishments | 1 for each 3 seats, including barstools, or 1 for each 40 square feet of floor area devoted to patron use where capacity is not determined by the number of fixed seats | |||
Wholesale, warehouse, storage, heavy commercial establishments | 1 for each 1,000 square feet of gross floor area | |||
Light impact industries | 1 for each 500 square feet of floor area | |||
Doctor or dentist offices | 4 for each doctor and 1 for each employee | |||
Office buildings | 1 for each 200 square feet of gross floor area | |||
Golf and country clubs | 10 for each golf hole | |||
Tennis clubs | 6 for each court | |||
Swim clubs | 1 for each 3 memberships | |||
Rooming or boarding houses | 1 for each guest sleeping room | |||
Recreation center | ||||
Baseball batting facility | 1 space per station plus 1 per employee | |||
Fields, baseball, football, soccer, etc. | 10 spaces per each acre of lot area | |||
Golf driving range | 1 per tee plus 1 per employee | |||
Indoor wall or rock climbing facility | 1 per 250 square feet of gross floor area | |||
Meeting room | 1 per 150 square feet of gross floor area | |||
Miniature golf and putting course | 1 space per hole/station plus 1 per employee | |||
Pool | 1 space per 50 square feet of water surface area plus 1 per employee | |||
Restaurant | 1 space per 3 seats; 1 space per 30 square feet of gross floor area in quick-food establishments | |||
Retail store | 1 space per 200 square feet of gross floor area | |||
Skating rink | 1 per 100 square feet of rink area plus 1 per employee | |||
Squash, handball, racquetball and similar courts | 2 per court | |||
Tennis courts | 5 per court | |||
All other nonresidential | 1 for each 200 square feet of gross floor area | |||
[1]
Editor's Note: The Schedule of District Regulations is included at the end of this chapter.
C.
Off-street loading spaces.
Schedule of Off-Street Loading Spaces Required | ||
|---|---|---|
Land Use | Off-Street Loading Spaces | |
Apartment houses | 1 for each building | |
Schools | 1 for each building | |
Hospitals | 1 for each 50 beds | |
Undertakers | 1 for each 5,000 square feet of floor area | |
Retail stores | 1 for each establishment | |
Designed shopping centers | 3 for the first 50,000 square feet plus 1 for each additional 50,000 square feet | |
Wholesale, storage, distributive and other industrial establishments | 1 for the first 10,000 square feet of gross floor area, plus 1 additional for each additional 20,000 square feet or fraction thereof of gross floor area | |
D.
The minimum width of access aisles shall conform to the following requirements:
Schedule of Parking Aisle Width | |||
|---|---|---|---|
Parking Angle | Width One-Way (feet) | Width Two-Way (feet) | |
0°, parallel | 12 | 24 | |
30° | 14 | 24 | |
45° | 14 | 24 | |
60° | 18 | 24 | |
90°, perpendicular parking | 24 | 24 | |
§ 156-43 Landfills, grading and excavation.
A.
General regulations. No excavation, regrading, filling, removal, stripping or disturbance of topsoil, earth, sand, gravel, rock or other substance from the ground, subsequently herein referred to as an "operation" or "operations," shall be commenced or carried on in the Town of Carmel unless, except as otherwise provided herein, a permit therefor has been duly issued in accordance with the procedure set forth elsewhere in this section.
(1)
No operation authorized under this subsection shall be permitted on Sunday or before 8:00 a.m. or after 5:00 p.m. on other days.
(2)
No operation shall be commenced or carried on which is primarily for the purpose of the sale or exchange of excavated topsoil, earth, sand, gravel, rock or other substance from the ground.
(3)
All landfill shall be clean soil, rocks or sand and shall be nonburnable and shall contain no garbage, refuse, waste or material deemed to be deleterious according to the standards of the applicable health codes.
B.
Cases where a building permit, an approved site plan or an approved subdivision construction plan is deemed a permit under this subsection.
(1)
A building permit for a building and/or its accessory structures shall be deemed to be a permit for such excavation and/or landfill necessary for the construction of that building and/or its accessory structures, provided that the volume of any excavated material removed from the property does not exceed two times the volume of the cellar and foundation of the dwelling and/or accessory structures for which the building permit was issued. The Building Inspector shall endorse the building permit to the effect that such excavation and/or landfill is permitted, specifying the maximum volume of excavated material which may be removed.
(2)
In those cases where the Planning Board has approved, with or without conditions, the construction plans for proposed streets and drainage facilities in new subdivisions and site plans, the approved construction plans shall be deemed to be a duly issued permit for such operation within the rights-of-way and slope rights of the proposed streets and areas reserved for drainage facilities as may be necessary for their establishments, provided that if there is to be removal of excavated material, said removal shall be disclosed as an integral part of the approved plan and duly endorsed thereon. All operations outside such street rights-of-way and slope rights and drainage facilities shall be subject to the permit and approval requirements of this subsection.
C.
Exception. Municipal and other public operations. The provisions of this subsection shall not apply to operations of or conducted by the Town of Carmel, County of Putnam or State of New York or any department or agency thereof.
D.
Application procedure. Application for a permit under this subsection shall be made to the Planning Board, in writing, with 10 copies, and shall contain the following information:
(1)
The full name and address of the owner or owners of property.
(2)
The street address, if any, and Tax Map designation of the property.
(3)
A statement as to authority from the owner, or any person other than owner if such person is making the application, with consent of owner endorsed thereon.
(4)
A statement of proposed work and purpose thereof.
(5)
Accompanying said application and as a part thereof, complete plans and estimates for the proposed site improvements shall be submitted for approval. The plans shall be certified by an engineer or architect, licensed in the State of New York, and shall be drawn to a scale of not less than one inch equals 50 feet and shall show the following:
(a)
The location of that portion proposed to be disturbed and its relation to neighboring properties, together with buildings, roads and natural watercourses, if any, within 300 feet of the boundaries of said portion of said premises herein referred to shall be shown. An inset map at a reduced scale may be used, if necessary.
(b)
The portion of the property that is to be disturbed.
(c)
The estimated maximum quantity to be excavated and/or removed and the estimated part thereof that will be used for regrading or filling, computed from cross sections of a proposed excavation or disturbed area.
(d)
The location of any well and the depth thereof, and the location of natural watercourses, if any, located within 300 feet of the proposed disturbed area.
(e)
The location of any sewage disposal system, any part of which is within 300 feet of the proposed disturbed area.
(f)
Existing topography of the area proposed to be disturbed at a contour interval of not more than two feet. Contours shall be shown for a distance of 100 feet beyond the area to be disturbed.
(g)
The proposed final contours at a contour interval of two feet.
(h)
The location and present status of any previous operations of the type contemplated by this subsection on the property within the preceding five years.
(i)
The details of any drainage system proposed to be installed and maintained by the applicant, designed to provide for proper surface drainage of the land, both during the performance of the work applied for and after the completion thereof.
(j)
If a proposed excavation is for the purpose of making a lake or pond, the details of the proposed construction of the dam or other structure or embankment intended to impound the water, together with the details and location of proposed discharge of a valved outlet for drainage purposes.
(k)
The rehabilitation proposed and the estimate of the cost of such work, in accordance with the standards given in Subsection H herein.
(l)
The details of all erosion controls to be implemented.
(6)
Upon the filing of an application hereunder, the applicant shall pay a filing fee established by resolution of the Town Board which shall be filed in the office of the Town Clerk.
[Amended 9-14-1988 by L.L. No. 1-1988]
E.
Review procedure.
(1)
Upon receipt of an application and plans, the Planning Board shall review said application and plans in accordance with the following standards and requirements and other requirements of all other applicable local, state and federal regulations. Within 45 days after the receipt of a complete application, the Planning Board shall hold a public hearing on said application. Within 45 days after the hearing, the Planning Board shall make its determination.
(2)
The Planning Board, in making its determination, shall report whether or not the proposed operation meets the following criteria:
(a)
That the location and size of the proposed operation, the nature and intensity of the work involved in or conducted in connection with it and the size of the site in relation to it are such that, upon completion of the operation and the establishment of the permitted use, the site will be in harmony with the appropriate and orderly development of the district in which it is located.
(b)
That the proposed operation will not be in conflict with any proposal in a Town Development Plan or with any requirement of this chapter.
(c)
That the proposed operation will be incidental to the establishment, improvement or operation of a use permitted in the zoning district in which the property is located.
(d)
That the proposed operation will not disturb any land designated as wetlands by the Town of Carmel or the State of New York.
F.
Permit. In acting on the application and in granting or denying a permit, the Building Inspector shall be directed by the report and recommendations of the Planning Board. Any permit to be issued shall be issued in accordance with the terms of this subsection, subject to any restrictions, safeguards or special conditions considered by the Planning Board to be appropriate for the proposed operation. However, no permit shall be issued until the applicant shall have posted a performance bond with the Town of Carmel ensuring conformance with the approved plans and all applicable regulations, restrictions and special conditions. Such performance bond shall become effective only if and when the Town Attorney shall have approved the same as to amount, form, surety and manner of execution.
(1)
The Building Inspector, when issuing permits, shall charge and collect a fee therefor, in addition to the filing fee previously provided for herein. Said charge shall be established annually by the Town Board and shall be on file in the office of the Town Clerk.
[Amended 11-26-1986]
(2)
Permits issued under this subsection shall expire within 12 months of the date of approval. A permit may be extended by the Planning Board for one additional period of 12 months. In making a determination on extension, the Board shall make a complete review of all plans and make an examination of all work accomplished.
G.
Conduct of work. The work permitted shall be performed in accordance with the following conditions and requirements:
(1)
Regrading adjacent to property lines shall be so designed that the work will not endanger abutting property by reason of erosion, landslides or increased runoff. The Planning Board may recommend, as a condition of permit approval, such limits to the work and such supplementary drainage structures or other safeguards as it may deem to be necessary to assure such protection to abutting lands.
(2)
The proposed operation shall be so designed that the work will not cause soil erosion, flooding or increased stormwater runoff nor adversely affect wetlands within the Town of Carmel.
(3)
There shall be a maximum of two truck access drives to the site of the operation, which shall be located so as to minimize danger to traffic and nuisance to surrounding properties. Such drives shall be kept either wet or oiled or shall be treated with chemical dust deterrents or paved, to the extent necessary to prevent any dust nuisance to surrounding properties. All such access drives shall be clearly marked with signs which shall be posted approximately 200 feet on both sides of such access drives or other traveled areas. Such signs shall read "Caution, Trucks Entering" and shall be of size, type, coloring, lettering and format used by the Highway Department of the Town.
(4)
All streets and highways leading to the operation shall be kept clean of all dirt, rocks and other material, and all storm drainage systems in the area of the operation shall be kept clean and in good operating condition. Violation of this condition shall be grounds for revocation of the permit by the Building Inspector.
(5)
At all times subsequent to the issuance of a permit and before completion of the final grading, as herein provided, any excavation having a slope steeper than one foot vertically for each one foot horizontally and having a depth greater than three feet or involving standing water of a depth greater than six inches shall be entirely enclosed by wooden or wire-mesh fence not less than four feet in height, measured from ground level, with a gate of the same height at each entrance thereto. If such fencing and gates are of wooden construction, each fencing board shall be separated by not more than seven inches and, if constructed of wire-mesh fencing, the mesh thereof shall not be greater than six inches by six inches. No such fence shall be so located as to obstruct visibility at the access drives. Gates shall be securely locked at all times when the project is not in operation.
(6)
Storage piles of materials, including waste material, shall at no time be located nearer than 50 feet to a property or street line or have a grade steeper than one foot vertically for each two feet horizontally.
(7)
All trucks and equipment stored on the site of the operation shall be set back at least 50 feet from the nearest property or street line.
H.
Rehabilitation of site. Upon completion of the work permitted, the site shall be rehabilitated in accordance with the following standards:
(1)
The final grade shall be finished at a slope no steeper than one foot vertically for each two feet horizontally for any material other than rock, except where supported by a retaining wall or foundation. Finished excavated rock surface to fast rock shall have a slope no steeper than six feet vertically for each one foot horizontally.
(2)
A minimum of four inches of topsoil shall be replaced over all ground surfaces exposed by any operation contemplated herein, except rock, roads, driveways, parking places, garden spaces and surfaces excavated below high water marks or lakes or ponds or streams, and then shall be seeded and planted as specified by the Planning Board to prevent erosion.
(3)
Upon completion of all rehabilitation work, the applicant shall so notify the Planning Board. The Planning Board shall make, or cause to be made, a field inspection of the site to determine if all work has been completed in accordance with the terms of the permit and the approved plans. The Planning Board shall make a report to the Town Board upon the completion of its investigation, describing the degree to which the operation is in conformance with the terms of the permit and plans, together with its recommendation as to the release of the performance bond posted.
§ 156-44 Industrial performance standards.
A.
Objectives.
(1)
The objectives of the following performance standards are to ensure that all industries will provide methods to protect the community from hazards and nuisances which can be prevented by processes of control and nuisance elimination.
(2)
No land or building may be used or occupied in any manner so as to create dangerous, injurious, noxious or otherwise objectionable fire, explosive, radioactive or other hazardous condition; noise or vibration; smoke, dust, odor or other form of pollution; glare or heat; conditions conducive to the breeding of rodents or insects or other dangerous or objectionable elements in an amount or manner as to adversely affect the surrounding area.
B.
Application.
(1)
Any use established or changed to and any building, structure or tract of land developed, constructed or used for any permitted use shall comply with all the district regulations and performance standards referred to herein and all applicable requirements of state/federal agencies.
(2)
The Planning Board may require from the applicant a certification from a registered professional engineer or architect in the State of New York that the proposed use can meet the performance standards of this chapter. Further, the Planning Board may, at the expense of the applicant, employ consultants to evaluate the environmental effects with respect to performance standards.
C.
Noise.
(1)
Noise shall be measured with a sound level meter and octave band analyzer that conforms to specifications of the American Standards Association. Measurements are to be made at lot lines.
(3)
Tables.
(a)
All noise shall be muffled so as not to be objectionable due to intermittence, high frequency or shrillness. In no event shall the sound pressure level of noise radiated continuously from a facility exceed the values given in Table 1.[1]
Table 1 | ||
|---|---|---|
Maximum Permissible Sound Pressure Levels | ||
Frequency Band (cycles/second) | Sound Pressure Level (decibels) | |
20 - 75 | 69 | |
75 - 150 | 60 | |
150 - 300 | 56 | |
300 - 600 | 51 | |
600 - 1,200 | 42 | |
1,200 - 2,400 | 40 | |
2,400 - 4,800 | 38 | |
4,800 - 10,000 | 35 | |
(b)
If the noise is not smooth and continuous and is not radiated between 7:00 p.m. and 7:00 a.m., one or more of the corrections in Table 2 shall be added or subtracted from each of the decibel levels given in Table 1.
Table 2 | ||
|---|---|---|
Correction in Maximum Permitted Sound Level Pressure in Decibels to be Applied to Table 1 | ||
Type of Operation or Character of Noise | Correction (in decibels) | |
Noise source operates less than 20% of any 1-hour period | Plus 5* | |
Noise source operates less than 5% of any 1-hour period | Plus 10* | |
Noise source operates less than 1% of any 1-hour period | Plus 15* | |
Noise of periodic character (hum, screech, etc.) | Minus 5 | |
Noise of impulsive character (hammering, etc.) | Minus 5 | |
*NOTE: Apply one of these corrections only. | ||
D.
Vibration.
(1)
Vibration shall be measured at lot lines, and such measurement shall not exceed the particle velocity designated herein. The instrument used for these measurements shall be a three-component measuring system (seismograph) capable of simultaneous measurement of vibration on three mutually perpendicular directions (one vertical and two horizontal).
(2)
The maximum permitted vibration is given below in terms of particle velocity, which may be measured directly with suitable instrumentation or computed on the basis of displacement and frequency, utilizing the following formula:
PV | = | 6.28 F X D | |
Where | |||
PV | = | Particle velocity, inches per second. | |
F | = | Vibration frequency, cycles per second. | |
D | = | Single displacement (amplitude) of the vibration, inches. | |
(3)
The maximum particle velocity shall be the vector sum of the three individual components recorded. Such particle velocity shall not exceed 0.10 in the C/BP Zone at the lot line. However, where vibration is produced as discrete impulses and such impulses do not exceed a frequency of 100 per minute, the maximum particle velocity shall not exceed 0.20.
[Amended 3-20-2002 by L.L. No. 1-2002]
E.
Dust and particulates.
(1)
The total emission rate of dust and particulate matter from all vents, stacks, chimneys, flues or other opening or any process, operation or activity within the boundaries of any lot shall be restricted to a maximum 0.75 pound per hour per acre of lot area. Emission of dust and particulates shall be in accordance with the State of New York rules and regulations governing air contamination and air pollution. In case of conflict, the most restrictive shall apply.
(2)
The emission rate of particulate matter in pounds per hour from any single stack shall be determined by selecting a continuous four-hour period which will result in the highest average emission rate.
(3)
Particulate matter emission from materials or products subject to becoming windborne shall be kept to a minimum by paving, oiling, wetting, covering or other means, so as to render the surface wind resistant. Such sources include, among other things, vacant lots, yards and storage piles of bulk material, such as coal, sand, cinders, slag, sulphur, etc.
F.
Smoke.
(1)
For the purpose of grading the density or equivalent opacity of smoke, the Ringelmann Chart as published by the United States Bureau of Mines shall be used.
(2)
In the C/BP Zone, the emission of smoke darker than Ringelmann No. 1 from any chimney, stack, vent, opening or combustion process is prohibited. However, smoke of a shade not to exceed Ringelmann No. 2 is permitted for up to three minutes total in any one-hour period.
[Amended 3-20-2002 by L.L. No. 1-2002]
G.
Odor.
(1)
Odor thresholds shall be measured in accordance with the American Society for Testing and Materials (ASTM) Method D1391-57, Standard Method for Measurement of Odor in Atmosphere (Dilution Method), or its equivalent, where the odor threshold is the concentration in air of a gas or vapor which will just evoke a response in the human olfactory system.
(2)
In the C/BP Zone, odorous material released from any operation or activity shall not exceed the odor threshold concentration beyond the lot line, measured either at ground level or habitable elevation.
[Amended 3-20-2002 by L.L. No. 1-2002]
H.
Toxic matter. The measurement of toxic matter shall be at ground level or habitable elevation and shall be the average of any twenty-four-hour sampling period. The release of any airborne toxic matter shall not exceed 2.5% of the Threshold Limit Values, adopted by the American Conference of Governmental Industrial Hygienists.
I.
Detonable materials.
(1)
In the C/BP Zone, the storage, utilization or manufacture of materials or products which decompose by detonation is limited to five pounds.
[Amended 3-20-2002 by L.L. No. 1-2002]
(2)
Such materials shall include but are not limited to all primary explosives, such as lead azide, lead styphnate, fulminates and tetracene; all high explosives, such as TNT, RDX, HMX, PETN and picric acid; propellants and components thereof, such as dry nitrocellulose, black powder, boron hydrides, hydrazine and its derivatives, pyrotechnics and fireworks, such as magnesius powder, potassium chlorate and potassium nitrate; blasting explosives, such as dynamite and nitroglycerine; unstable organic compounds, such as acetylides, texraxoles and ozonides; unstable oxidizing agents, such as perchloric acid, perchlorates and hydrogen peroxide in concentration greater than 35%; and nuclear fuels, fissionable materials and products and reactor elements, such as Uranium 235 and Plutonium 239.
§ 156-45 Residential cluster development.
[Amended 12-18-1985; 11-26-1986]
A.
Objectives. The objectives of a residential cluster development are to encourage flexibility and innovation in design and development of land in such a manner as to promote the most appropriate use of land; achieve greater variety in type, design and layout of buildings; maintain the natural and scenic qualities of the Town of Carmel; preserve areas of ecological significance; and minimize the amount of land required for roads and utilities.
B.
Definition. A "residential cluster development" is defined as an area with a minimum contiguous acreage of 20 acres or more to be developed as a single entity according to a plan containing one or more residential clusters, and shall include at the minimum the provisions for open space as outlined in this section.
C.
Permitted uses. The following uses are permitted in a residential cluster development:
D.
Area. A residential cluster development shall have a total site area of at least 20 acres in one aggregate or contiguous parcels.
E.
Overall residential density. A residential cluster development shall not contain a total number of dwelling units which exceeds the number as determined in accordance with the following formula: The total acreage of the areas shown on the environmental constraints map shall be subtracted from the total acreage of the parcel being developed. The remaining acreage shall be further reduced by a number equal to 10% of the total acreage of the parcel being developed to allow for roads and utilities. The resulting acreage shall then be divided by the minimum lot area for the zoning district in which the parcel is located to arrive at the total number of dwelling units that will be deemed buildable.
F.
Open space.
(1)
There shall be provided at least 35% of the gross area of a residential cluster development for open space, exclusive of streets and other paved areas.
(2)
In determining which land is to be preserved as open space, the natural and scenic qualities of the site shall be taken into consideration, as well as the ecological significance of the site and its utility as an open space.
(3)
If the Planning Board finds that part of such open space is of such size, location, shape, topography and general character as to be useful to satisfy the recreational purposes of the Town, the Planning Board may require the applicant to provide 5,000 square feet of recreational area within such open space for each detached dwelling unit and 300 square feet of recreational area within such open space for each semidetached or attached dwelling unit.
(4)
When the Planning Board finds that there is no such land within the open space that is of such a character as to be useful to satisfy recreational purpose, the applicant shall pay to the Town a fee for each unit shown on the site plan, which fee shall be established annually by the Town Board and shall be on file in the office of the Town Clerk.
(5)
Said amount shall constitute a trust fund to be used by the Town exclusively for park, playground or other recreational purposes, including the acquisition of property.
G.
Common open space title.
(1)
Deed restriction. The applicant shall deliver to the Planning Board for its approval appropriate documents establishing deed restrictions prohibiting in perpetuity any land designated for common open space from being used for any other purpose.
(2)
Organization for common ownership required. The applicant shall establish a legally constituted organization for the ownership and maintenance of all common open space and any undedicated streets. This organization shall not be dissolved, nor shall it dispose of any common open space, by sale or otherwise, except to another organization conceived and established to own and maintain the common open space and nondedicated streets in accordance with Subsection G(3) below.
(3)
Rules for organization. Any organization established in accordance with Subsection G(2) above shall:
(a)
Be established before a certificate of occupancy has been issued for any dwelling unit in the residential cluster development.
(b)
Make membership mandatory for each owner of a residential building and any succeeding owner.
(c)
Guarantee access to all the common open space to all persons legally residing in the development and limit that access to the legal residents and their guests only. Upon request of the applicant, the Planning Board of the Town of Carmel may approve allowing access to certain common open space to the general public. Common open space for which the Planning Board may approve such access shall be limited to neighborhood or community centers, tennis courts, golf courses and ballfields.
(d)
Be responsible for liability insurance and maintenance of the common open space.
(e)
Require owners of residential buildings to pay their pro rata share of the costs listed in Subsection G(3)(d) above, and provided that an assessment levied by the organization shall have the same force and effect as a debt or ground rent or lien against the real property.
(f)
Be able to adjust the assessment to meet changing needs.
(4)
Common open space maintenance; maintenance plan required. The documents establishing or creating such organization shall provide for a plan for the maintenance of all common open space and undedicated streets in the residential cluster development.
H.
Heights, bulk, coverage, location and land uses. In order to encourage and enable a residential cluster development of desirable and imaginative design and to maintain a flexibility of this chapter, specific controls of the height, bulk and lot coverage of buildings and the location of the various permitted land uses and public facilities are not contained in this section. Instead, it is required that all stages of a residential cluster development be developed according to a comprehensive final plan for the overall development, as approved by the Planning Board, which shall conform to the requirements of this chapter and, in addition, shall be compatible with the other requirements of this chapter for residential or other land uses contemplated or by common good practice.
I.
Initial consideration.
(1)
Application for a residential cluster development shall be made to the Planning Board. A written statement by the applicant shall set forth the reasons why, in his opinion, a residential cluster development would be consistent with the objectives set forth herein.
(2)
This statement shall include a description of the proposal and the purpose to be accomplished by the plan.
(3)
The applicant shall submit an environmental constraints map, as described in § 131-11F of Chapter 131, Subdivision of Land, of the Town Code, together with a sketch layout for cluster development of the site showing the number of dwelling units determined in accordance with the provisions of Subsection E of this section.
J.
Planning Board review.
(1)
The Planning Board shall study the practicality of the sketch layout, taking into consideration the declared objectives of this section and requirements of the Town. Particular attention will be given to the arrangement of lots; location, width and safety of proposed roads; topography; access, location and layout of proposed recreation sites; proposed methods of handling water and sewage disposal needs; and any requirements of a Town Master Plan.
(2)
Review of the cluster proposal will further consider the arrangement of the buildings on the site and in relation to adjacent properties and the nature of the proposed open space. The proposal must, in the Planning Board's judgment, meet the objectives of this section as set forth in Subsection A of this section.
K.
Environmental Conservation Board and Recreation Commission. Upon receipt of a formal application for the use of this planning concept, a set of all pertinent materials shall be forwarded to the Town Environmental Conservation Board and the Town Recreation Commission for their review and recommendation.
L.
For all detached dwelling units located less than 50 feet apart and for all attached dwelling units and all semidetached dwelling units, adequate water supplies shall be made available the entire year for fire protection purposes. These sources may be pressured systems, cisterns or dry hydrants. The quantity available must meet NFPA Standard 1231 entitled "Standard on Water Supplies for Suburban and Rural Fire Fighting," primarily Tables 5-5.1(a) and (b). All water supply distributing points shall be readily accessible and so located that the maximum travel distance for fire-fighting apparatus shall not exceed 1,000 feet from distribution point to farthest delivery point.
§ 156-45.1 Bed-and-breakfast establishments.
[Added 3-1-1995 by L.L. No. 2-1995]
A.
Purpose. It is the specific purpose and intent of this provision to address the need of residents to locate convenient accommodation for visitors, to provide local accommodation for short-term visitors to the community, to encourage preservation of large older dwellings by providing a cost-effective alternative or adaptive use that can relieve the maintenance burden on the owners of such buildings and to encourage the preservation of large residential lots and their open space character by permitting an alternative use consistent with the residential character of the community. Furthermore, it is the purpose and intent of this provision to provide economic support for present resident families, to protect and preserve property values, to ensure healthy and safe living conditions and to have more effective regulation and control of Town growth and development. In furtherance of these purposes, specific conditions are set forth below for bed-and-breakfast establishments.
B.
Special permit. The Planning Board may grant a special permit for a bed-and-breakfast establishment in any district subject to the following requirements which shall be considered continuing conditions for the validity of any special permit issued hereunder:
(1)
The property and principal and accessory structures thereon shall conform to the lot area, yard and other requirements for the zoning district in which the property and structures are located unless a variance therefor shall have been granted by the Zoning Board of Appeals.
(2)
The building housing a bed-and-breakfast establishment shall be an existing, detached single-family dwelling and its use as a bed-and-breakfast establishment shall not conflict with its appearance or function as such.
(3)
The minimum size lot on which a bed-and-breakfast establishment may be located is 50,000 square feet. A bed-and-breakfast establishment may be permitted on a lot with a smaller area only if such lot is located in a nonresidential district and the Planning Board finds that a bed-and-breakfast establishment can be adequately accommodated within the existing principal dwelling building and that it will not overburden the property and that it will be a use compatible with the surrounding properties.
(4)
In residential districts, a special permit for a bed-and-breakfast establishment may not be approved for a dwelling located within 1,000 feet (property line to property line) of an existing dwelling for which a bed-and-breakfast establishment permit has been issued and remains valid.
(5)
The owner of the lot upon which the bed-and-breakfast establishment is to operate shall occupy and maintain the bed-and-breakfast establishment as his/her legal residence.
(6)
The maximum number of bedrooms that may be available to overnight guests shall be four. The Planning Board shall be responsible for determining and limiting the number of bedrooms in each dwelling in connection with its review of the special permit application.
(7)
Meal service shall be limited to a morning meal served to overnight guests only.
(8)
No less than one off-street parking space shall be provided per bedroom designated as available for overnight guests. Said parking shall be in addition to the parking required by this chapter for the single-family dwelling use. The Planning Board shall be responsible in connection with its review of the special permit application for determining that the required number of parking spaces can be provided in a safe manner on the subject lot so as to not establish a nuisance or burden for adjacent and surrounding lots.
(9)
Evidence of the approval of the proposed method and adequacy of water supply and sewage disposal shall be obtained from the Putnam County Department of Health.
(10)
Signage shall comply with the provisions for signs in residential districts as set forth in § 156-41B, provided there shall be no more than one sign, which may be freestanding, not exceeding two square feet in area.
(11)
Smoke alarms shall be installed in each bedroom of the bed-and-breakfast establishment.
C.
Application. The application for a special permit for a bed-and-breakfast establishment shall be made in five copies to the Secretary of the Planning Board. The application shall consist of the following:
(1)
Name and address of owner.
(2)
Lot area, tax map sheet-block-lot number and zoning district in which the property is located.
(3)
Names and addresses of all property owners within 500 feet of the property for which the special permit is sought.
(4)
Property survey showing the size of the lot in square feet and all structures thereon as well as parking area prepared and sealed by a licensed surveyor or engineer.
(5)
Floor plans of the existing dwelling with identification of the bedroom(s) to be used by overnight guests.
(6)
Description of number and location of existing and proposed parking spaces demonstrating compliance with the requirements of this section.
(7)
Signed notarized authorization by the owner authorizing the Town of Carmel Building Department to make inspection(s) of the property at any reasonable time during daylight hours for the purpose of determining compliance with all code requirements, including those of this section.
(8)
An application fee in an amount set forth in a Fee Schedule adopted by the Town Board.
D.
Public hearing. Within 61 days of the receipt of a complete application, the Planning Board shall convene a public hearing. At least 10 days prior to the date of the hearing, legal notice of such hearing shall be published in the official newspaper of the Town and notice shall be mailed to all property owners within 500 feet of the property for which the special permit is sought.
E.
Action. The Planning Board shall approve, approve with conditions or disapprove the application in accordance with the provisions of § 274-b of the Town Law.
F.
Permit period and renewal. The special permit shall be granted for a period of three years and may be renewed for additional three-year periods. An application for renewal of the special permit shall be made to the Building Department on a form provided by that department and with a fee in an amount set forth in a Fee Schedule adopted by the Town Board. The Building Department shall reissue the permit if inspection of the premises finds it to be in compliance with all applicable codes, the requirements of this section and the provisions of the original approval. Should the Building Department find that the premises are not in compliance with all applicable codes, the requirements of this section and the provisions of the original approval, the Building Department shall refer the application to the Planning Board for action.
G.
Refusal by applicant of inspection and/or violation of continuing conditions of special permit. If any inspection of the property and dwelling by the Town of Carmel for the purpose of ensuring compliance with the provisions of this section is refused by the owner, when said inspection occurs at any reasonable time during daylight hours or the continuing conditions of the special permit are violated, the special permit shall be subject to revocation after a hearing by the Planning Board at which the permit holder is given an opportunity to be heard.
H.
Site plan required. When during the review of an application, the Planning Board finds that significant site work will be required to increase parking areas, to enlarge subsurface sewage disposal areas or to otherwise alter physical site conditions, the Board shall require the submission of a site plan which shall be processed concurrently with the application for a special permit. In all other situations, site plan approval by the Planning Board shall not be required.
§ 156-45.2 Accessory dwelling units.
[Added 9-13-1995 by L.L. No. 6-1995; amended 1-21-1998 by L.L. No. 1-1998]
A.
Purpose. It is the specific purpose and intent of this section allowing accessory apartments on single-family properties in all single-family residential districts to provide the opportunity for the development of small, rental housing units designed to meet the special housing needs of single persons and couples, both young and old, and of relatives of families living in the Town of Carmel. Furthermore, it is the purpose and intent of this subsection to allow the more efficient use of the Town's existing dwellings, to provide economic support for present resident families, to protect and preserve property values, to ensure healthy and safe living conditions for individuals, and to have more efficient regulation and control of Town growth and development. In furtherance of these objectives, specific standards are set forth below for accessory dwelling units.
B.
Special permit. The Building Inspector shall issue a special permit allowing the construction of an accessory dwelling unit within an existing single-family dwelling or existing accessory building located in single-family R Residential Districts, provided the following requirements are met, which requirements shall be considered continuing conditions for the validity of any special permit issued hereunder:
[Amended 3-20-2002 by L.L. No. 1-2002]
(1)
There shall be only one accessory dwelling unit on the property and it shall be located either in the existing single-family dwelling or in an existing accessory building, provided the accessory building was constructed and is existing in accordance with this chapter and all other applicable regulations. Any changes shall be within the existing structure.
(2)
The owner of the property shall reside on the premises.
(3)
The apartment shall be accessory to the principal residence. It shall have a minimum habitable floor area of 400 square feet, but no more than 35% of the habitable floor area of the single-family dwelling and no more than 900 square feet of habitable floor area in the accessory building.
(4)
The accessory dwelling unit shall be a self-contained dwelling unit, with a separate external entrance and separate cooking, bathroom and sleeping facilities for the exclusive use of the occupant.
(5)
There shall be no more than two bedrooms in the accessory dwelling unit.
(6)
The principal building shall portray the character of a single-family dwelling. Only one entrance shall be permitted on the side or sides of the single-family dwelling facing the front lot line; all other entrances shall be limited to the side or sides of the building not visible from the front lot line.
(7)
Adequate provisions shall exist for water supply and for the disposal of sewage and waste generated by the occupants, in accordance with the requirements of the Putnam County Health Department. Evidence of the approval of the proposed method and adequacy of water supply and sewage disposal shall be obtained from the Putnam County Department of Health. In addition, approval of the Town Engineer shall be required if the proposed method of water supply or sewage disposal would involve Town water or sewer facilities.
(8)
No less than one and no more than two off-street parking spaces shall be provided for the accessory dwelling unit. Said parking shall be in addition to the parking required by this chapter for the single-family dwelling use and shall comply with the dimensional, setback and access requirements of this chapter.
(9)
The accessory dwelling unit shall conform to all requirements of the New York State Fire Prevention and Building Code and all applicable state, county and Town regulations.
(10)
A building permit shall be obtained along with all required permits as determined by the Building Department, and a certificate of occupancy shall be obtained prior to the utilization of the accessory dwelling unit.
C.
Application. The application for a special permit shall be made to the Building Department. The application shall consist of the following:
(1)
Name and address of owner.
(2)
Lot area, tax map sheet-block-lot number and zoning district in which the property is located.
(3)
Square footage of the entire structure and square footage of the accessory dwelling unit.
(4)
Number of existing and proposed on-site parking spaces.
(5)
Approval(s) pursuant to Subsection B(3) above relative to the proposed method of water supply and sewage disposal.
(6)
Current property survey showing size of the lot in square feet and all structures thereon as well as parking area prepared and sealed by a licensed surveyor, engineer or architect.
(7)
A floor plan, drawn to scale, of the entire structure showing proposed changes and identification of accessory dwelling unit.
(8)
Signed notarized authorization by the owner authorizing the Town of Carmel Building Department to make inspection(s) of the property at any reasonable time during daylight hours for the purpose of determining compliance with all code requirements, including those of this subsection.
(9)
An application fee in an amount set forth in a Fee Schedule adopted by the Town Board.
D.
Action. The Building Inspector shall either approve or disapprove the application within 30 days of the date of its complete submission. The applicant may grant an extension of the time in which the Building Inspector shall act. In the case of an approval, the office of the Building Department shall inspect the accessory unit to ensure that all codes have been met. If all codes are not met, the special permit shall be subject to revocation after a hearing by the Zoning Board of Appeals at which the permit holder is given an opportunity to be heard.
E.
Refusal of lawful inspection and/or violation of continuing conditions of special permit. If any lawful inspection of the dwelling by the Town for the purpose of ensuring compliance with the provision of this subsection is refused by the owner when said inspection occurs at any reasonable time during daylight hours, or if the continuing conditions of the special permit are violated, the special permit shall be subject to revocation after a hearing by the Zoning Board of Appeals at which the permit holder is given an opportunity to be heard.
F.
Permit period and renewal. The special permit shall be granted for a period of five years and may be renewed for additional five-year periods. Said permit shall not be affected by a change in ownership of the property during permit period. An application for renewal of special permit shall be made to the Building Department, no later than 60 days after the expiration of the permit period, on a form provided by that department and with a fee in an amount set forth in the Fee Schedule adopted by the Town Board. The Building Department shall reissue the special permit if inspection of the premises finds it to be in compliance with all applicable codes, the requirements of this subsection and the provisions of the original approval. Should the Building Department find that the premises are not in compliance with all applicable codes, the requirements of this subsection and the provisions of the original approval, the Building Department shall deny reissuance of the special permit.
G.
Permit extension. Notwithstanding the five-year permit period provided in Subsection F above, the initial permit period for any special permit for an accessory dwelling unit issued prior to January l, 2000, shall be extended so as to expire on December 31, 2004, unless sooner revoked pursuant to the applicable provisions hereof.
H.
Existing accessory apartments. Owners of existing accessory apartments shall have until January 1, 2000, to apply for a special permit in accordance with the provisions hereof. Any initial special permit application for a then existing accessory apartment submitted after January 1, 2000, shall be accompanied by an application fee equal to twice the existing fee set forth in the Fee Schedule adopted by the Town Board.
§ 156-45.3 Recreation centers.
[Added 1-17-2007 by L.L. No. 2-2007]
A.
Purpose. It is the specific purpose and intent of this section to develop recreation facilities without the use of public funds that could both supplement and complement municipal and school district facilities and contribute to the quality of life of residents of the Town of Carmel. Furthermore, it is the purpose and intent of this section to enable such proposals to be heard and considered within the context of comprehensive planning that embraces the relationship of such facilities to surrounding properties, traffic conditions and environmental factors so as to protect and preserve property values, to ensure healthy and safe living conditions for individuals and to have more effective regulation and control of Town growth and development.
B.
Special permit. A special exception use permit may be granted by the Planning Board of the Town of Carmel for a recreation center subject to the provisions of this section.
C.
Conditions for issuance of a special exception use permit. In order to be considered for issuance of a special exception use permit, a building site must meet the following criteria which shall be considered continuing conditions if and when a special exception use permit is issued:
(1)
The site shall have a minimum area of 20 (true not nominal) acres;
(2)
The site shall have a minimum frontage of 500 feet on a county, State or Town street or highway;
(3)
Coverage of the lot by all buildings and impervious surfaces shall not exceed 25%;
(4)
Buildings up to 40 feet in height and two stories above ground shall be set back a minimum of 40 feet from any property line; buildings between 40 feet and 60 feet in height shall be set back a minimum of 100 feet from any property line;
(5)
Outdoor fields and parking areas shall be set back a minimum of 50 feet from all side and rear property lines and lighting, if installed, shall be situated so as not to illuminate across property lines onto adjoining parcels of land;
(6)
All side and rear yards shall be provided with a suitable planting screen or fence of at least 10 or 12 feet in height and 20 feet in width and shall be appropriately landscaped and maintained. A separator of at least 30 feet in width shall be provided adjacent to the street line, except where the Planning Board determines that the intent of the screening requirement is met by other conditions;
(7)
All buildings shall contain a fire suppression system;
(8)
The placement and use of outdoor fields, outdoor lighting and parking areas shall be limited by the location on the lot, screening and/or buffering and location of adjacent residential development(s) and based on an evaluation of compatibility with and potential impact on adjacent property uses;
(9)
The scale and maximum occupancy of meeting and exhibition facilities shall be limited by traffic impacts of public roads to be used for access, parking requirements and lot coverage;
(10)
Minimum parking spaces to be provided shall be calculated based on the most intense proposed use of each of the facilities at any one time.