Clarkstown City Zoning Code
ARTICLE IV
Use Regulations
§ 290-13 Performance standards.
A.
Applicable to all nonresidential uses. No land or building shall be used or occupied for a nonresidential use in any manner as to create any dangerous, injurious, noxious or otherwise objectionable fire, explosive, radioactive or other hazard; noise or vibration; smoke, dust, odor or other form of air pollution; electrical or other disturbance; glare; liquid or solid refuse or wastes; condition conducive to the breeding of rodents or insects; or other substance, condition or element (all referred to herein as dangerous or objectionable elements) in a manner or amount as to adversely affect the surrounding area. However, any nonresidential use except those expressly prohibited by this chapter in § 290-18 may be undertaken and maintained if it conforms to the district regulations and the regulations of this section, referred to herein as performance standards, limiting dangerous and objectionable elements at the point of determination of their existence as provided in this section.
B.
Performance standards procedure. Only those uses specified in the Use Table as "subject to performance standards procedure, § 290-13B" are subject to performance standards procedure requiring the Board of Appeals' approval as specified in § 290-32C(6) in obtaining a building permit or certificate of occupancy, or both, unless the Building Inspector has reasonable grounds to believe that any other proposed use, including any building or use accessory to a use subject to performance standards procedure, is likely to violate performance standards, in which event the applicant shall comply with the procedure in § 290-32C(6) in obtaining a building permit or certificate of occupancy, unless the Board of Appeals finds that compliance therewith is unnecessary.
C.
Continued enforcement provisions. Whether or not compliance with performance standards procedure in § 290-32C(6) in obtaining a building permit or certificate of occupancy is required for any particular use, initial and continued compliance with performance standards is required of every new nonresidential use or change in such use in all districts as provided in § 290-32C(7).
D.
Nonconforming uses. No use established before the effective date of this chapter and nonconforming as to performance standards shall be required to conform therewith, except manufacturing uses in R Districts as provided in § 290-29F(3).
F.
Measurement at the point of emission. The existence of the following dangerous and objectionable elements shall be determined at the location of the use creating same or at any point beyond, and these shall be limited as follows:
(1)
Fire and explosion hazards. All activities and all storage of flammable and explosive materials at any point shall be provided with adequate safety devices against the hazard of fire and explosion, and adequate fire-fighting and fire-suppression equipment and devices, as set forth in Chapter 143, Fire Prevention, of the Code of the Town of Clarkstown. Storage of explosives is prohibited except in accord with Article 16 of the Labor Law of the State of New York and regulations established thereunder, and provided that no more than 50,000 pounds be stored in any one magazine.
(2)
Radioactivity or electrical disturbance. No activities which emit dangerous radioactivity at any point. No electrical disturbance (except from domestic household appliances) adversely affecting the operation at any point of any equipment other than that of the creator of such disturbance.
(3)
Smoke. No emission at any point, from any chimney or otherwise, of visible grey smoke of a shade darker than No. 1 on the Ringelmann Smoke Chart as published by the United States Department of the Interior, Bureau of Mines Information Circular 8333, May 1967, except that visible grey smoke of a shade not darker than No. 2 on said chart may be emitted for not more than four minutes in any 30 minutes. These provisions, applicable to visible grey smoke, shall also apply to visible smoke of a different color but with an equivalent apparent opacity.
[Amended 8-7-1974]
(4)
Fly ash, dust, fumes, vapors, gases and other forms of air pollution. No emission which can cause any damage to health, to animals or vegetation, or other forms of property, or which can cause any excessive soiling at any point, and in no event any emission, from any chimney or otherwise, of any solid or liquid particles in concentrations exceeding 0.3 grains per cubic foot of the conveying gas or air at any point. For measurement of the amount of particles in gases resulting from combustion, standard corrections shall be applied to a stock temperature of five hundred degrees Fahrenheit (500° F.) and 50% excess air.
(5)
Liquid or solid wastes. No discharge at any point into any private sewage disposal system or stream or into the ground of any materials in such a way or of such nature or temperature as can contaminate any water supply or otherwise cause the emission of dangerous or objectionable elements, except in accord with:
(a)
Standards approved by the State Department of Health or Water Pollution Control Board, or both; or
(b)
In the event neither such Department nor Board has jurisdiction over the particular use involved, then standards equivalent to those approved by such Department or Board, or both, for similar uses shall apply. No accumulation of solid wastes conducive to the breeding of rodents or insects shall be permitted.
G.
Measurement at the lot line. The existence of the following dangerous and objectionable elements shall be determined at the lot line of the use creating same or at any point beyond said lot line, and these shall be limited as follows:
(1)
Vibration. No vibration at any time shall produce an acceleration of more than 0.1 g. or shall result in any combination of amplitudes and frequencies beyond the safe range of United States Department of the Interior, Bureau of Mines, Bulletin No. 656, Blasting Vibrations and Their Effects on Structures, 1971. The methods and equations of such Bulletin No. 656 shall be used to compute all values for the enforcement of this section.
[Amended 8-7-1974]
H.
Measurement at other specified points.
(1)
The existence of the following dangerous and objectionable elements shall be determined at or beyond the different locations in different districts in relation to the establishment under consideration, and these shall be measured as follows:
(a)
In any residential district and LS, CS, RS and PO Districts, 25 feet from the principal building in any direction, or at the lot line if closer.
(b)
In LO, LIO and M Districts, at the boundary of the residential district nearest the establishment in any direction, provided that such measurement shall not be taken from a point located on any property owned or occupied by the applicant. For the purpose of investigating any purported violation of Subsections H(2), (3) and (4) as provided in § 290-32C(6) observations shall be taken on at least three nonconsecutive days at no less than three points along or beyond the lines specified above. The angles between lines connecting only two adjacent points of measurement and the establishment shall be as nearly equal as possible. If only three points of measurement are used, such angles shall be at least 60°. When more than three points are used such angles may be reduced proportionately. The limitations on these elements are as follows.
(2)
Noise.
(a)
At the specified points or measurement the sound pressure level of noise radiated continuously from an establishment at nighttime shall not exceed the values given in Subsection H(2)(b) in any octave band of frequency. The sound pressure level shall be measured with a sound level meter and an octave-band analyzer that conform to specifications published by the American National Standards Institute, Inc., Specifications for Sound Level Meters ANSI S1.4-1971 New York, New York 10018, and American National Standard Specification For Octave, Half-Octave, and Third-Octave band filter sets for the analysis of noise and other sounds, ANSI S1-11 (R-1966) shall be used.
[Amended 8-7-1974]
(b)
Maximum permissible sound pressure levels at specified points of measurement for noise radiated continuously for an establishment between the hours of 10:00 p.m. and 7:00 a.m.
Preferred Frequencies | ||
|---|---|---|
Octave Band Center Frequency (cycles per second) | Maximum Permitted Sound Level of Specified Points (in decibels) | |
31.5 | 78 | |
63 | 65 | |
125 | 52 | |
250 | 45 | |
500 | 40 | |
1,000 | 36 | |
2,000 | 33 | |
4,000 | 30 | |
8,000 | 27 | |
(c)
If the noise is not smooth and continuous and is not radiated between the hours of 10:00 p.m. and 7:00 a.m., one or more of the corrections below shall be added to or subtracted from each of the decibel levels given above in Subsection H(2)(b).
Type of Operation or Character of Noise | Correction in Decibels | |
|---|---|---|
Daytime operation only | plus 5 | |
Noise source operates less than 20% of and one-hour period | plus 5* | |
Noise source operates less than 5% of any one-hour period | plus 10* | |
Noise source operates less than 1% of any one-hour period | plus 15* | |
Noise of impulsive character (hammering, etc.) | minus 5 | |
Noise of periodic character (hum, screech, etc.) | minus 5 |
*NOTE: Apply one of these corrections only. |
(3)
Odors. No emission of odorous gases or other odorous matter in such quantities as to be offensive at the specified points of measurement. Any process which may involve the creation or emission of any odors shall be provided with a secondary safeguard system, so that control will be maintained if the primary safeguard system should fail. There is hereby established as a guide in determining such quantities of offensive odors, Part I - Odor Thresholds for 53 Commercial Chemicals, available from Manufacturing Chemists' Association, Inc., Washington, D. C. 20009
[Amended 8-7-1974]
(4)
Glare. No direct or sky-reflected glare, whether from floodlights or from high-temperature processes such as combustion or welding, or otherwise, so as to be visible from the specified points of measurement. This restriction shall not apply to signs otherwise permitted by the regulations.
I.
Maintenance. All planting shown on an approved site development plan or special permit plan shall be maintained in a vigorous growing condition throughout the duration of the use, and plants not so maintained shall be replaced with new plants at the beginning of the next immediately following growing season.
[Added 12-28-2007 by L.L. No. 20-2007]
§ 290-14 Payment or resolution of taxes, assessments, violations and other fees. [1]
[Added 3-22-2016 by L.L. No. 5-2016; amended 10-6-2020 by L.L. No. 5-2020]
No variances, special permits, subdivision or site plan approvals or authorizations shall be issued, no applications therefor shall be considered, and no review shall be conducted by the Town Board, Planning Board and the Zoning Board of Appeals, with respect to any premises within the Town unless and until all outstanding Code violations on said premises are resolved and all amounts due the Town, county or school district in real estate taxes, special assessments and any other payment chargeable to the owner or possessor of said premises, together with all penalties and interest thereon, shall have been paid in full. In the event the applicant enters into an installment payment plan for county, Town or school taxes, these taxes do not need to be paid in full for the application to be heard and processed. If the applicant does not remain current with their installment plan, the application shall not be considered or reviewed by the Town Board, Planning Board or Zoning Board of Appeals.
[1]
Editor's Note: Former § 290-14, Regulations for signs and artificial lights, as amended, was repealed 6-19-2007 by L.L. No. 12-2007.
§ 290-15 Special findings.
A.
Before granting a special permit for any use in the Use Table, Column 3,[1] the Town Board, Planning Board or the Board of Appeals [as per § 290-32C(3)], as specified therein, shall make the following special findings (as well as any additional requirements and conditions set forth for any specific use in the Use Table and in § 290-17).
[Amended 6-4-2013 by L.L. No. 4-2013]
[1]
Editor's Note: For uses requiring a special permit in residential districts, see Table 1, Residential Zoning Districts Land Use, included as an attachment to this chapter.
B.
The proposed use as described and represented by the applicant will:
(1)
Be appropriately located with respect to transportation, water supply, waste disposal, fire and police protection and other public facilities.
(2)
Not cause undue traffic congestion or create a traffic hazard.
(4)
Not adversely affect the character of or property values in the area.
(5)
Not otherwise impair the public health, safety, morals, convenience, comfort, prosperity and other aspects of the general welfare of the town.
(6)
Comply with all other regulations applicable to such use.
§ 290-16 Site plan review.
[Amended 12-15-1976]
Pursuant to the authority granted by Town Law, § 274-a, the Planning Board of the Town of Clarkstown is hereby authorized to review and approve, approve with modifications or disapprove site plans prepared pursuant to specifications set forth in the site plan regulations of the Planning Board of the Town of Clarkstown, showing the arrangement, layout and design of the proposed use of the land shown on such plan. No building permit except those enumerated in § 290-31C(2) shall be issued in the Town of Clarkstown without site plan approval or waiver thereof; provided, however, that if any site plan application requires a special permit or variance, such special permit or variance shall be subject to an advisory review by the Planning Board, the results of which shall be reported to the Town Board or Board of Appeals in order to aid the appropriate Board in considering the application for the special permit or variance.
§ 290-17 Additional requirements for certain special permit uses.
[Amended 8-7-1974; 6-21-1978; 10-7-1986; 5-23-1989; 9-26-1989;6-11-1991; 6-15-1991 (by resolution); 6-22-1993; 12-30-1993; 8-8-1995; 12-14-1999; 2-8-2000; 8-8-2000; 5-9-2006 by L.L. No. 6-2006; 6-17-2007 by L.L. No. 12-2007; 3-11-2008 by L.L. No. 1-2008; 5-13-2008 by L.L. No. 2-2008; 11-10-2011 by L.L. No. 7-2011; 6-4-2013 by L.L. No. 4-2013]
The Board of Appeals, Planning Board or the Town Board, as specified in the Use Table, subject to making the special findings in § 290-15, may grant a special permit for any use in this section, provided that the additional requirements and conditions for each use set forth in the lettered subsections below are complied with:
A.
(Reserved)
B.
Heliports, subject to performance standard procedures of § 290-13, and the following conditions:
(1)
Surfacing. Any areas to be used by helicopters shall be provided with an impermeable surface.
(2)
Hours of operation. The hours of operation shall be limited by the Town Board to prevent disturbance to nearby residences.
(3)
Minimum distance to lot line. No area to be used by a helicopter shall be less than 600 feet from any residential lot line. The flight pattern of such aircraft shall be governed by the regulations of the Federal Aviation Administration or other agency having jurisdiction.
(4)
Fencing. Access to areas used by aircraft in motion shall be controlled by fences and gates.
(5)
Screening and landscaping shall be determined by the Town Board as site conditions warrant to minimize impact on adjacent properties.
(6)
Accessory uses. Vending machines, newsstands, governmental installations, airport, airline and express offices, and aircraft repair facilities may be permitted within completely enclosed buildings. Storage and sale of aviation gasoline may also be permitted.
(7)
Lighting. All lighting shall comply with any applicable federal or state regulations and shall be installed so as to minimize impact on any adjacent residential area.
(8)
Noise. Noise abatement devices and installations shall meet all applicable federal or state regulations to minimize impact of the facility on any adjacent property.
C.
Auto laundries, subject to the following conditions:
(1)
The facility is necessary to serve the surrounding residential or retail area.
(2)
The facility is so located as to draw a minimum of vehicular traffic to and through local streets or past an elementary school, park or playground.
(3)
Provided there shall be reservoir space of 300 square feet per automobile on the lot for not less than 15 automobiles per laundry machine.
(4)
Adequate provisions are made for disposal of waste water.
(5)
Along streets that are within 100 feet of a residence district a ten-foot-wide strip of landscaping with shrubs and trees shall be maintained along said street and three feet along the side of the auto laundry facing said street.
D.
Camps, subject to the following conditions:
(1)
Yards, spacing of buildings and screening. No building, tent, activity area or recreation facility shall be less than 100 feet from any lot line, and no two buildings intended for use as sleeping quarters shall be closer than 30 feet from each other, except tents, which shall be not less than 10 feet apart. Screening is required between such use and any other use.
(2)
Minimum area. The minimum lot area shall be at least 10,000 square feet per cottage, tent or other principal building, and no less than 3,000 square feet per person for whom there are accommodations on the premises.
(3)
Operations and accessory uses. If floodlighting is used, it shall be arranged so as to eliminate the glare of lights toward nearby residential lots. No public address system for outdoor use shall be permitted. The Board of Appeals may make rules regarding the creation of music and noise as to loudness and hours.
E.
Carnivals and circuses, and other temporary events as described in § 290-3 subject to the following conditions, to read as follows:
(1)
The permit shall be for not more than 14 days for carnivals and circuses. All other temporary events shall be limited to two events per calendar year for a duration of four days each, including setup and removal.
(2)
Parking is prohibited within 10 feet of the property line of abutting residential districts and within 20 feet of any on-site building or tent.
(3)
Use should adhere to the yard and height requirements of the Bulk Table for the applicable district.
(4)
Access is from a major road.
(5)
Applicant shall provide security, in a form acceptable to the Town Attorney, to return the site in a clean and sanitary condition and to guarantee compliance with the conditions of the permit.
(6)
Applicants shall comply with all conditions, requests and requirements of the Clarkstown Police Chief, Building Inspector, Fire Inspector and the Rockland County Health Department.
[Amended 3-22-2016 by L.L. No. 4-2016]
(7)
Applicants shall comply with all Town of Clarkstown signs requirements and shall not install or cause to be installed any signs, fliers, posters or similar material within the public right-of-way.
F.
Gasoline filling pumps and kiosk only in a CS Zoning District on corner lots with a minimum site area of 15 acres or more owned by a single entity in fee simple, provided that:
(1)
There shall be no more than four double-sided gasoline filling pumps;
(2)
The site provides two means of ingress and egress, at least one of which provides access to a state or county road;
(3)
A minimum of 100,000 square feet of retail stores and service establishments currently exist on the site or are to be constructed in connection with the special permit;
(4)
No gasoline service pumps may be located within 500 feet of an existing and operating gasoline service station;
(5)
The gasoline pumps must be ancillary to a supermarket controlling at least 40,000 square feet of the balance of the site, separated from said supermarket by at least 250 feet and owned and operated by said supermarket; the Town Board may permit the sale of specified ancillary products from the kiosk as a condition to the special permit;
(6)
Cessation of the use of said supermarket or gasoline pumps for more than six months shall terminate the special permit; at all times, said supermarket must own the gasoline pumps;
(7)
In the event the use of the pumps shall be voluntarily discontinued, or cease as a result of the termination of the special permit, the gasoline pumps, kiosk, and underground tanks shall be removed and remediated (The Town Board may require security to be posted with the Town to assure compliance with this provision with the issuance of the special permit.);
(8)
Stacking spaces for the gasoline pumps shall not be counted towards the parking calculations for the site;
(9)
The total floor area ratio must be less than 0.25;
(10)
The redevelopment or development of the site must improve the architectural and historical features of the buildings on the site;
(11)
The site must have or will provide a bus stop safely accessible for pedestrians; and
(12)
The site must have commuter parking nearby or participate in the provisions for commuter parking; if commuter parking is not feasible on site, or nearby, some other public amenity or benefit (such as contributing to a parking fund for such purpose) shall be provided, the exact calculation and purpose to be at the sole discretion of the Town Board.
G.
Gasoline filling stations. Gas filling stations on lots with an area of at least 20,000 square feet and a minimum lot frontage of 150 feet, provided that:
(1)
All major repairs are made within a totally enclosed structure.
(2)
A maximum of five currently licensed vehicles can be parked on lots of less than one acre and one additional such vehicle can be parked for each 1/5 of an acre of the lot above said one acre.
(3)
All gasoline pumps and service facilities shall be set back at least 20 feet from the front lot line.
(4)
The site is no closer than 300 feet to a school, church or similar place of assembly, and no closer than 1,000 feet to an existing gasoline filling station or to a location where a special permit has been granted for a gasoline filling station, property line to property line, both measurements to be measured in any direction. This provision shall not apply to gasoline filling stations existing or proposed on opposite sides of a highway divided by a noncrossable median, except that if the property is located at an intersection, the Town Board may waive this distance requirement; provided, however, that the Board makes a special finding of fact to support this determination. An "existing gasoline filling station" shall mean and include property upon which a valid special permit exists and upon which a gasoline filling station is not yet constructed.
(5)
Within 25 feet of residential districts no vehicles may be continually parked outside for a period exceeding three days, and no bus or truck over one-and-one-half-ton capacity nor more than two private passenger cars may be parked over any one night.
H.
Junkyards (for not more than three years), subject to the following conditions:
(1)
Not within 300 feet of the boundary line of any residence, local shopping, community shopping, professional office or laboratory office district.
(2)
Screening shall be provided along all lot lines.
(3)
Outdoor storage of junk shall not exceed six feet in height and shall be surrounded by a solid fence at least one foot higher than the height of the junk pile.
J.
Municipal incinerators, subject to performance standard procedures and the following conditions:
(1)
Location and access drives. Any incinerator reduction plant or facility for the disposal of ashes and refuse, except sanitary landfill areas, shall be at least 1,000 feet from the nearest residential district, at least 200 feet from any shopping district, and at least 200 feet from any street. Sanitary landfill areas shall be at least 200 feet from any residential district. Access drives shall be at least 20 feet wide, provided with a dustless surface, and shall curve so as to obstruct insofar as possible a direct view of the incinerator or reduction plant from the street.
(2)
Disposal of ashes and noncombustible materials on the site shall be by the sanitary-fill method.
(3)
Screening is required between such use and any other uses.
K.
Railroad passenger stations and bus stations, provided there is no maintenance, repair or storage of commercial vehicles on the premises, and adequate off-street parking space for passengers and employees is provided, and provided that:
(1)
The facility is necessary to serve the surrounding residential or retail area.
(2)
The facility is so located as to draw a minimum of vehicular traffic to and through local streets or past an elementary school, park or playground.
(3)
The facility is located on a major road or on a secondary road within 500 feet of a major road.
(4)
The parking areas occupy no more than 20% of the front yard and are not within 20 feet of any residential district lot line.
(5)
Buffer areas of 75 feet shall be required. The Town Board may reduce the width of the buffer to no less than 50 feet where local conditions and substitute appropriate protection for neighboring properties is reasonably indicated. Such buffer areas shall be permanently landscaped and maintained in harmony with the landscaping or natural growths in the neighborhood.
[Added 2-28-2023 by L.L. No. 4-2023]
L.
Sandpits, gravel pits, removal of topsoil and landfill or excavation operations, for a period not to exceed five years and subject to the following conditions:
(1)
Special considerations. The proposed operation shall not adversely affect soil fertility, drainage and lateral support of abutting land or other properties, nor shall it contribute to soil erosion by water or wind.
(2)
Electrical machinery. All machinery and equipment shall be electrically operated, except for bulldozers, shovels and other equipment used for excavation, collection of material, loading or hauling.
(3)
Hours of operation. In residential districts or within 1,000 feet thereof, there shall be no operations between 7:00 p.m. and 7:00 a.m. nor on Sundays or legal holidays.
(4)
Fencing and screening. Where any open excavation will have a depth of 10 feet or more and create a slope of more than 30°, there shall be a substantial fence, at least six feet high with suitable gates where necessary, effectively blocking access to the area in which such excavation is located. Such fence shall be located 50 feet or more from the edge of the excavation. All operations shall be screened from nearby residential uses.
(5)
Slope. The slope of material in any excavation shall not exceed the normal angle of repose or 45°, whichever is less.
(6)
Access roads. That portion of access roads within the area of permit and located within 500 feet of a lot line shall be provided with a dustless surface.
(7)
Minimum distance from lot lines. The top of the natural slope in cut for any excavation and any mechanical equipment shall not be less than 50 feet from any lot line.
(8)
Rehabilitation of the site. Before a special permit is granted, a plan for rehabilitation showing both existing and proposed final contours shall be submitted and approved. After any such operations the site shall be made reusable for a use permitted by right in the district. Where topsoil is removed, sufficient arable soil shall be set aside for retention on the premises and shall be respread over the premises after the operation. The area shall be brought to final grade by a layer of earth of two feet or original thickness, whichever is less, capable of supporting vegetation. Fill shall be of a suitable material approved by the Town Engineer.
(9)
Performance bond. Before the issuance of any special permit, the owner shall execute a bond sufficient in the opinion of the Town Board to secure the rehabilitation of the site in accordance with the plan specified in Subsection L(8) above. Such bond shall also be approved by the Town Board as to form, sufficiency and manner of execution, and shall run for the same term as the term of the special permit. The amount of such bond may be reduced when, in the opinion of the Town Board and after public hearing on due notice, a lower amount will be sufficient to accomplish its purposes. In the event the operator does not fulfill the conditions of the bond, the town shall, after due notice to the operator and to his bonding or surety company and upon their failure to comply with the terms of the permit, proceed to rehabilitate the premises in accordance with the plan prescribed in Subsection L(8) above, either with its own forces or by contract, and shall charge the costs to the operator or the bonding or surety company.
M.
Trailer camps (for not more than five years), subject to the following conditions:
(1)
Size and soil conditions. A trailer camp shall have a minimum lot area of 100,000 square feet and at least 5,000 square feet per trailer, whichever area is the greater. The area shall be well drained and consist of suitable natural soil or well-consolidated inert fill.
(2)
Site for trailers. Each trailer site shall have at least a four-inch-thick paved slab of at least 90 square feet and an electrical outlet for connection to the trailer. Trailers shall be separated by at least 20 feet on all sides.
(3)
Access. Access to a trailer camp shall be only from a major road.
(4)
Yards and screening. All trailers shall be set back at least 50 feet from all lot lines and shall be screened from any street and all adjacent lots. There shall be provided group-recreation facilities (600 square feet per trailer), clothes-washing facilities, refuse-disposal facilities and interior street lighting facilities.
N.
Quarries, stone crushers and storage of quarry screening, subject to the following conditions:
(1)
Special considerations. The Board shall consider the present scenic character of the area, the nature of the site after termination of quarrying, and drainage.
(2)
Other conditions. The same requirements as for sandpits, gravel pits, removal of topsoil and landfill or excavation operations shall apply.
(3)
Additional information required. The applicant shall furnish plans sketches, photographs and additional information required by the Town Board, describing his plan of operations, including the area to be quarried, depth and extent of excavations and points from which excavations will be visible.
O(A).
Senior citizen housing, subject to the following conditions:
[Amended 3-4-2014 by L.L. No. 2-2014]
(1)
Certification of corporation. A certified copy of the corporation papers of an applicant proposing to construct housing under this subsection shall be supplied to the Town Attorney's office for review and comments for compliance with the purpose and intent of developing dwelling units specifically designed for the needs of persons age 55 or older, including independent, assisted care living quarters and senior citizen congregate housing.
(2)
Prohibitions. This subsection does not permit nursing homes, convalescent homes, private proprietary homes, homes for the aged or any other facilities regulated and licensed by the Department of Health under the Public Health Law of the State of New York, except for Assisted care living quarters and Senior citizen congregate housing.
(3)
Annual report. The applicant and/or owners of a development under this subsection shall file with the Town Building Inspector, before the first Monday in December of each year of operation, a form affidavit supplied by the Town Building Inspector, for compliance with all provisions of Subsection O(A)(4) and (8) and any state or federal filing requirement, if any. Any delay in filing of such form affidavit shall constitute a violation of this special permit, and, further, any real estate tax abatement provided under this subsection shall immediately cease.
[Amended 3-22-2016 by L.L. No. 4-2016]
(4)
Tax abatements/payment in lieu of taxes (PILOT).
(a)
Any tax abatement/PILOT afforded under this subsection shall be for the purpose of reducing rent payments and sale prices for housing for eligible senior citizens.
[Amended 5-24-2022 by L.L. No. 7-2022]
(b)
To continue the eligibility for tax abatement/PILOT under this subsection, prior to renting or selling any unit, the applicant, sponsor and/or owners of any development under this subsection shall contact the Town of Clarkstown or its designated qualified agency for a current list of names and addresses of eligible senior citizens desiring housing and give these eligible senior citizens priority in the rental or sale of these units according to the length of years of residency in Clarkstown.
[Amended 5-24-2022 by L.L. No. 7-2022]
(c)
Anything to the contrary notwithstanding hereinabove, eligibility for any housing provided shall be pursuant to the regulations of the United States Department of Housing and Urban Development, in the event that financing is obtained pursuant to those programs, or other applicable federal, state and local government programs.
(5)
Construction requirements. All building and dwelling units constructed under this subsection shall be constructed in accordance with the New York State Building Construction Code and conform to any additional requirements of the state or federal programs providing for housing for the elderly, whichever is applicable, and shall be inspected and approved by the Building Inspector. There shall be no more than 200 dwelling units constructed at any one site.
(6)
Community space. In order to qualify under this subsection, the applicant or sponsor of housing for the elderly shall provide a community space at least equal to 10% of the floor area of each building, including lounges, workshops, game rooms and other designed facilities for the elderly, except space for medical facilities or dispensaries.
(8)
Affordability requirement.
[Amended 3-22-2016 by L.L. No. 5-2016; 5-24-2022 by L.L. No. 7-2022]
(a)
(Reserved)
(b)
At least 10% of the units shall be affordable units, except for assisted-care living quarters.
(c)
To qualify for an affordable unit under this subsection, prior to renting or selling any unit, the applicant, sponsor and/or owners of any development under this subsection shall contact the Town of Clarkstown or its designated qualified agency for a current list of names and addresses of eligible senior citizens desiring housing and give these eligible senior citizens priority in the rental or purchase of these units according to the length of years of residency in Clarkstown.
(d)
Affordable units shall be indistinguishable in character and construction from other units with regard to size, standard fixtures and appliances, and amenities, and have the same rights and responsibilities of any other unit in the development, excepting the specific provisions of this section. The ratio of studio apartments and one-bedroom and two-bedroom affordable units shall be equal to the ratio for market-rate units.
(e)
Every renter or purchaser of an affordable unit shall certify, on a form prescribed by the Town Attorney's office, that such unit is the primary place of residence. Renters or purchasers of affordable units shall not be permitted to sublet said units to other parties, this being enforced by a lease restriction. No property owner shall rent or sell any affordable unit without first obtaining such verified certificate from the renter or purchaser.
(f)
The landowner and developer shall file a declaration with the Rockland County Clerk at the time of site plan approval identifying the units which are affordable units, and restricting their future rental or sale price under the provisions of this section. The declaration shall include a provision requiring that every lease for an affordable unit shall include the following paragraph to inform all future sellers, buyers or renters that these units are affordable units subject to the provisions of this section:
"This dwelling unit is for use by income-eligible families pursuant to a special program under the Town of Clarkstown Zoning Local Law. Its future rent or sale must be to persons who qualify with the income requirements and at a price in accordance with the program at the time of execution of the lease or any renewal thereof, to be verified by the qualified agency referred to in Subsection O(A)(8)(g). The Town of Clarkstown shall have the right to approve or disapprove the subsequent rental or sale of this unit based upon the income of the proposed renter or purchaser and the requirements of Subsection O(A)(8)(c)."
(g)
The Planning Board shall, as a condition to approval of an application, require the applicant to contract with a qualified agency as designated by the Town Board to administer and oversee the rental or sale of affordable units.
(9)
Minimum accessory off-street loading berths (subject to Article VI).
(a)
Open loading berths are permitted, provided that they are not located in the required side yards and are not adjacent to a residential district or residential use permitted by right. No loading area shall be permitted to locate within 50 feet of any property line, and this setback shall be screened.
(b)
Completely enclosed loading berths are permitted in all yard areas except the front yard; however, no loading berth, loading area or driveway shall be located within 25 feet of any property line.
(c)
All loading berths, loading areas and driveways shall be illuminated with indirect lighting and shall have access only from a major or secondary road as classified on the Official Map of the Town of Clarkstown.
(10)
Required off-street parking (subject to Article VI).
[Amended 5-24-2022 by L.L. No. 7-2022]
Senior Citizen Housing and Congregate Housing | |
|---|---|
Dwelling Unit Type | Parking Spaces |
Studio apartment | 1.5 |
One-bedroom | 1.5 |
Two-bedroom | 2.0 |
Superintendent | 2.0 |
10% additional parking spaces shall be provided beyond that calculated using the chart above to account for guest parking. This provision does not apply to assisted care living quarters. | |
Assisted Care Living Quarters | Parking Space |
|---|---|
Per bed | 0.75 |
(11)
Additional regulations.
(a)
No trucking shall be permitted into a site from a collector or local street. No shipping or receiving of goods shall be permitted between the hours of 11:00 p.m. and 7:00 a.m., nor on Sunday.
(b)
Minimum lot area shall be 180,000 square feet. Assemblage of properties or parcels not in the same ownership at the time of adoption of this section so as to meet minimum lot area requirements is prohibited.
(c)
Minimum front lot line shall be 300 feet along a state or county major or secondary road.
[Amended 3-22-2016 by L.L. No. 5-2016]
(e)
Floor area ratio shall be 0.50.
(f)
Maximum principal building(s) coverage shall be 33%, and maximum lot coverage, which includes principal building(s) coverage, shall be 50%.
[Amended 3-22-2016 by L.L. No. 5-2016]
(g)
Maximum density.
[Amended 5-24-2022 by L.L. No. 7-2022]
For-Profit Developments | Maximum Density1 |
Studio/One-bedroom | 3,100 SF per unit (14 units per acre) |
Two-bedroom | 3,600 SF per unit (12 units per acre) |
Non-Profit Developments | Maximum Density1 |
Studio/One-bedroom | 2,700 SF per unit (16 units per acre) |
Two-bedroom | 3,100 SF per unit (14 units per acre) |
NOTES: |
1 Three-bedroom superintendent's apartments shall be considered two-bedroom units for the purposes of calculating unit density. |
(h)
No units shall be more than two bedrooms with the exception of one superintendent's apartment per complex which shall consist of no more than three bedrooms.
[Amended 5-24-2022 by L.L. No. 7-2022]
(i)
Yard requirements.
Road Classification | |||
|---|---|---|---|
Major (feet) | Secondary (feet) | Collector/Local (feet) | |
Front yard | 100 | 75 | 50 |
Yards adjacent to a district line or use permitted by right or special permit. |
District Classification | |||
|---|---|---|---|
Residential (feet) | Commercial (feet) | Industrial (feet) | |
Side yard | 50 | 100 | 200 |
Rear yard | 100 | 200 | 300 |
(j)
Maximum building height shall not exceed 35 feet within the MF-1, MF-2, MF-3, RG-1, RG-2, R-10, R-15 and R-22 Zoning Districts and shall not exceed 45 feet within the PO and CS Zoning Districts, except within those areas designated on the Zoning Map as Hamlet Center, where the maximum building height shall not exceed 35 feet.
[Amended 8-5-2014 by L.L. No. 7-2014]
(k)
Minimum distance between buildings shall be no less than the height of the highest building.
(l)
Minimum recreation space shall be 200 square feet per dwelling unit set aside for active recreational uses for the senior citizens.
(o)
The total aggregate number of Senior Citizen Housing units allowable under the Planning Board special permit pursuant to this section shall be no more than 700. The Town Board may, by resolution passed by a super-majority vote after a public hearing, increase the total number of senior citizen housing units. No such increase shall take place until at least one year after the final Planning Board approval of the initial 700 units.
(p)
Dwelling units shall be air conditioned with individual thermostatic controls for heating and air conditioning.
(q)
All dwelling units shall incorporate design features, to the maximum extent practical, which ensure the safety and convenience of the residents, including, but not limited to, elevators, grab-bars, nonscalding faucets, water-impervious nonslip floors, flush thresholds and wheelchair-accessible doorways.
(r)
If pets are permitted, specific pet-walking areas designated and located so as to prevent nuisance and annoyance or health hazards to the residents and/or abutting property shall be provided.
(s)
Elevators shall be able to accommodate a gurney and emergency crew and be located closest to handicapped-accessible units.
(t)
Entrance canopies shall be no lower than 14 feet so as to accommodate buses and emergency vehicles.
(u)
All dwelling units shall be designed, constructed and inspected in accordance with the New York State Building Code and Chapter 109 of the Town Code.
(v)
One-bedroom dwelling units shall be a maximum of 900 square feet, and two-bedroom units shall be a maximum of 1,200 square feet.
[Added 3-22-2016 by L.L. No. 5-2016]
O(B).
Projects within hamlet centers.
(1)
Application of preceding provisions. All of the provisions of § 290-17O(A)(1) through (5) and (7) through (9) shall apply, except that the last sentence of § 290-17O(A)(5) shall not apply.
[Amended 5-24-2022 by L.L. No. 7-2022]
(2)
Additional regulations.
(a)
No trucking shall be permitted into a site from a collector or local street. No shipping or receiving of goods shall be permitted between the hours of 11:00 p.m. and 7:00 a.m., nor on Sunday.
(b)
Minimum lot area shall be one acre.
[Amended 3-22-2016 by L.L. No. 5-2016]
(c)
Minimum front lot line shall be 100 feet along a major or secondary road.
(e)
Floor area ratio shall be one.
(f)
Maximum principal building(s) coverage shall be 33%, and maximum lot coverage, which includes principal building(s) coverage, shall be 66%.
[Added 3-22-2016 by L.L. No. 5-2016]
(g)
Maximum density permitted shall be 21 dwelling units per acre. No more than 50% of the units shall be two bedrooms. No units shall be more than two bedrooms with the exception of one superintendent's apartment per complex, which shall consist of no more than three bedrooms.
[Amended 10-6-2020 by L.L. No. 4-2020]
(h)
Yard requirements.
Minimum (feet) | Maximum (feet) | |
|---|---|---|
Front yard | 0 | 20 |
Minimum yard requirements adjacent to a district line or use permitted by right or special permit: |
Residential (feet) | Commercial (feet) | Parkland (feet) | |
|---|---|---|---|
Side yard | 25 | 0/15* | 10 |
Rear yard | 25 | 25 | 10 |
NOTES: | |
|---|---|
* | When adjacent to a commercial zoning district, none is required. |
(i)
Maximum building height shall not exceed 35 feet.
[Amended 8-5-2014 by L.L. No. 7-2014]
(j)
Minimum distance between buildings shall be no less than the height of the highest building.
(k)
Parking shall not be permitted between the front lot line and building line.
(l)
One-bedroom dwelling units shall be a maximum of 900 square feet, and two-bedroom units shall be a maximum of 1,200 square feet.
[Amended 3-22-2016 by L.L. No. 5-2016]
(m)
Required off-street parking (subject to Article VI).
[Added 5-24-2022 by L.L. No. 7-2022]
Senior Citizen Housing and Congregate Housing | |
|---|---|
Dwelling Unit Type | Parking Spaces |
Studio apartment | 1.5 |
One-bedroom | 1.5 |
Two-bedroom | 2.0 |
Superintendent | 2.0 |
10% additional parking spaces shall be provided beyond that calculated using the chart above to account for guest parking. This provision does not apply to assisted care living quarters. | |
Assisted Care Living Quarters | Parking Space |
|---|---|
Per bed | 0.75 |
(3)
Application procedure.
(a)
Application. Application for a special permit for senior housing shall be made, in the form of a written petition, to the Town Board. Application shall be made by the owner(s) of the land(s) to be included in the development or by a person or persons possessing written contract or option rights to purchase the lands. In the event that an application is made by a person or persons holding rights to purchase the lands, the application shall be accompanied by a statement signed by all owners of such land indicating concurrence. Upon submission of a complete application, the Town Board may refer the application to the Planning Board for recommendation. The Town Board may schedule an informational workshop to discuss the proposal at any point before or during the application process.
(b)
Application materials. The applicant shall submit a preliminary plan in sufficient quantity as determined by the Town. The preliminary plan, to be complete, shall consist, at a minimum, of the following:
[1]
Metes and bounds description of the proposed district.
[2]
A survey of the parcel prepared and certified by a licensed land surveyor.
[3]
A proposed preliminary plan, drawn to scale, showing existing conditions of the parcel, including:
[a]
The name and address of the owner of record and applicant, if different.
[b]
The name of the person or firm preparing the map.
[c]
The date, North arrow and scale.
[d]
The names, addresses and Tax Map parcel numbers of owners of all parcels within 500 feet of the subject property; also, mailing labels for all property owners of parcels within 500 feet of the subject parcel(s).
[e]
The acreage of the parcel and the County Tax Map number.
[f]
The boundaries of the parcel plotted to scale.
[g]
The location and width of existing and proposed state, county or Town highways or streets and rights-of-way abutting or within 200 feet of the parcel.
[h]
The location and outline of existing structures both on the parcel and within 100 feet of the property line.
[i]
The location of any existing storm or sanitary sewers, culverts, water lines, hydrants, catch basins, manholes, etc., as well as other underground or aboveground utilities within or adjacent to the parcel.
[j]
The existing zoning and location of zoning boundaries.
[k]
The location and outline of existing water bodies, streams, marshes or wetland areas and their respective classification as determined by the appropriate governmental regulatory body.
[l]
The approximate boundaries of any areas subject to flooding or stormwater overflows.
[m]
The location and outline of existing vegetation clusters (for a distance of 50 feet onto adjoining property).
[n]
Freestanding trees with a caliper d.b.h. of eight inches or greater located within the parcel.
[o]
Existing contours at an interval of two feet (or less) and extending no less than 50 feet onto adjoining property.
[p]
The identification of any other significant natural feature.
[q]
The approximate location and dimensions of principal and accessory buildings on the site, their relationship to one another and to other structures in the vicinity, as well as the number of dwelling units by housing type and size, plus a calculation of the density, in dwelling units per acre allowed per current zoning regulations.
[r]
The approximate location and dimensions of vehicular traffic circulation features of the site, including proposed roadways, internal driveways, parking and loading areas and proposed access to the site.
[s]
The approximate location and nature of pedestrian circulation systems, open space and outdoor recreation areas on the site.
[t]
The proposed source of water supply and method of delivery to the site.
[u]
A general plan for the collection and disposal of sanitary wastes from the site.
[v]
A general stormwater management plan and how it is to be connected to the drainage systems of adjoining land. If retention or detention basins are proposed, ownership information and maintenance responsibilities shall be noted.
[w]
A preliminary site grading plan at intervals of two feet or less.
[x]
Preliminary identification of areas which will be disturbed and areas which will remain undisturbed by project implementation.
[4]
A vicinity map showing the proposed use in relation to adjoining uses: grocery stores, community facilities, social service facilities, post offices, public transportation, medical facilities, pharmacies, religious institutions and proximity to other active adult residences.
[5]
Preliminary floor plans and building elevations.
[6]
A description of any subsidy program relied on in development of the project and proposed rents or selling prices within a reasonable range.
(4)
Initial review.
(a)
In its review of the application, the Town Board may, in lieu of rejection of the application, suggest such changes in the preliminary plans as are found to be necessary or desirable to meet the requirements of this section, to protect the established or permitted uses in the vicinity and to promote the orderly growth and sound development of the community. The Town Board may notify the applicant of such changes and may discuss the changes with the applicant. The suggestion of changes by the Town Board shall not constitute a waiver of its discretion to reject or to deny the application. If it elects, the Town Board may delegate to the Planning Board, as part of its referral of the matter, this function of dialogue with the applicant on suggested modification to the preliminary plans.
(b)
The applicant may submit revised preliminary plans incorporating the changes requested. If resubmission is not made within 90 days of receipt of the Town Board's suggested changes, the application shall be deemed abandoned. Upon mutual consent of the Town Board and the applicant, the Town Board may extend the time frame for resubmission for an additional 90 days.
(5)
Criteria for review of special permit. In making findings and in determining whether or not to recommend approval, the Town Board, or the Planning Board, as the case may be, shall consider, together with the intent and objectives of this article, and make written findings with respect to whether the proposed district and development meet the following criteria:
(a)
The proposed location in relation to similar developments nearby, whether by age restriction, income or density.
(b)
Site suitability in relation to safety of vehicular access, availability of public transportation, pedestrian access to off-site locations for retail services, medical care, or recreation.
(c)
Anticipated marketability in relation to similar developments in the Town, neighborhood factors, potential for occupancy by Town residents.
(d)
Compatibility with the neighborhood in which the development is proposed, potential for separation from nearby uses, and environmental factors.
(e)
The site shall be served by both public water and public sanitary sewer facilities, and said facilities shall be adequate to accommodate the additional demand placed upon them by the proposed development.
(f)
The site shall be well drained, and stormwater generated by development of the site shall not place an undue burden on existing facilities or contribute to downstream flooding.
(g)
The site shall be located in an area suitable for residential purposes and shall be reasonably free of objectionable conditions, such as odors, noise, dust, air pollution, high traffic volumes, incompatible land uses and other environmental constraints.
(h)
The site should be located within reasonable proximity to public transportation service, or, in the alternative, shuttle bus or other transportation service shall be available to the site.
(i)
The site shall be located such that access to the site can be obtained from a public street which meets current engineering standards of the Town with respect to roadway width and alignment, and acceptable sight distances can be developed at the site entry/exit and at intersections in the vicinity of the site.
(j)
The architectural style of the proposed development, exterior materials, finish and color shall be consistent with existing community and neighborhood character.
(k)
The development shall provide appropriate recreational amenities such as game rooms, meeting rooms, lounges and exercise rooms, if such are lacking in the immediate vicinity as determined by the Planning Board.
(l)
The development of the site shall not produce undue adverse effects on the surrounding neighborhood.
(7)
Limitations on occupancy.
(a)
The occupancy of senior housing residential communities shall be limited to:
(b)
Persons under the age of 55 shall not be permitted to be permanent residents of dwelling units. For the purposes of this section, a "permanent resident" shall mean any person who resides within the dwelling for more than three consecutive weeks, or has listed the residence as a dwelling for any purpose whatsoever, including, but not limited to, enrollment in public or private schools.
(c)
Notwithstanding the foregoing, each senior community may set aside one dwelling unit to be occupied by a superintendent or building manager, to which the limitations on occupancy set forth above shall not apply.
(9)
Additional requirements.
(a)
Dwelling units shall be air conditioned with individual thermostatic controls for heating and air conditioning.
(b)
All dwelling units shall incorporate design features, to the maximum extent practical, which ensure the safety and convenience of the residents, including, but not limited to, elevators, grab-bars, nonscalding faucets, water-impervious nonslip floors, flush thresholds and wheelchair-accessible doorways.
[Amended 3-4-2014 by L.L. No. 2-2014]
(c)
If pets are permitted, specific pet walking areas designated and located so as to prevent nuisance and annoyance or health hazards to the residents and/or abutting property shall be provided.
(d)
Elevators shall be able to accommodate a gurney and emergency crew and shall be located closest to handicapped-accessible units.
(e)
Entrance canopies shall be no lower than 14 feet so as to accommodate buses and emergency vehicles.
(10)
Site plans and approvals.
(a)
The Planning Board shall review all applications for development in accordance with the provisions of this chapter.
(b)
The Planning Board shall refer the site plan to the Architectural Historic Review Board for recommendations after the issuance of a special permit, if granted by the Town Board, and prior to site plan approval.
[Amended 6-28-2016 by L.L. No. 8-2016]
(11)
Alternative space. Notwithstanding the provisions of § 290-17O(B)(10)(c) above, regarding the requirement for community space and usable open space, the Planning Board may modify such requirements in the event that there are suitable alternatives in the neighborhood to assure adequate community space and usable open space.
(12)
Severability. Should any section, paragraph, sentence, clause, word or provision of this section be declared void, invalid or unenforceable, for any reason, such decision shall not affect the remaining provisions of this section.
P.
Funeral homes, subject to the following conditions:
(1)
Bulk regulations.
(a)
Minimum lot size: 60,000 square feet.
(b)
Minimum lot line on a major or secondary road: 200 feet.
(c)
Maximum land coverage: 70%.
(d)
Building height. Maximum building height: 25 feet.
(e)
Yard setbacks.
Road Classification | ||||
|---|---|---|---|---|
Major (feet) | Secondary (feet) | Collector/Local (feet) | ||
Front | 30 | 20 | 50 | |
(Setbacks listed below are determined by the zoning, permitted use by right, or special permit of adjacent properties.) |
District Classification | ||
|---|---|---|
Commercial (feet) | ||
Side yard | 0 | |
Rear yard | 20 | |
(3)
Parking and driveways.
(a)
Two spaces per 100 square feet of gross chapel area, plus one space per employee, full- or part-time and plus two spaces per residence.
(b)
All parking spaces shall be a minimum of 10 feet by 20 feet and no spaces shall be within 10 feet of a property line. No parking spaces shall be permitted in the front yard area.
(c)
Driveways shall not be located within 60 feet of any street intersection and within 30 feet of any property line. The width of driveways shall not be less than 20 feet for one-way traffic and not less than 24 feet for two-way traffic, except for an access driveway (connecting with a road) which shall be at least 30 feet wide.
(4)
Other applicable regulations and conflicts. Prior to granting any special permit use, the Board of Appeals shall ensure that the application and site plan comply with all other applicable regulations, ordinances and local laws. Whenever there is any conflict, the Board shall ensure that the most restrictive regulation, ordinance or local law will prevail.
Q.
Restaurant associated with indoor tennis club, office or industrial use, subject to the following conditions:
(1)
Restaurants associated with offices or industrial uses shall be located on the same site as the primary office or industrial use and shall be accessory to such uses.
(2)
Restaurants associated with office or industrial uses shall occupy no more than 25% of the total floor area on the lot or 2,500 square feet, whichever is less.
(3)
No additional freestanding signs shall be permitted for restaurants associated with office or industrial uses.
(4)
No additional curb cuts shall be permitted for restaurants associated with office or industrial uses.
(5)
All applicable bulk, lot and parking requirements shall be met.
(6)
Restaurants associated with office or industrial uses shall receive site plan approval from the Planning Board.
(7)
Restaurants associated with office or industrial uses shall provide at least one on-site parking space per 75 square feet of gross restaurant area. This parking area shall be in addition to the parking provided for the office or industrial use.
R.
Recycling facilities and transfer stations are subject to the following conditions:
(1)
Compliance with applicable law. The applicant shall in all respects comply with any applicable requirements, rules or regulations of the State of New York as they relate to a recycling facility or transfer station, including but not limited to Title 6, Part 360, of the Official Compilation Codes, Rules and Regulations of the State of New York entitled "Solid Waste Management Facilities."
(2)
Screening. Screening shall be provided as required by the Planning Board of the Town of Clarkstown.
(3)
Disposal. No waste material, product, by-product or residue material which may result from the valid operation of a recycling facility or transfer station pursuant to the special permit issued shall be disposed of at any sanitary landfill facility operated by the Town of Clarkstown without the express written permission and consent of the Director of the Department of Engineering and Facilities Management.
[Amended 12-13-2018 by L.L. No. 9-2018]
(4)
Additional conditions. The Town Board may, in its discretion, establish additional conditions that it deems necessary and appropriate, based upon circumstances that exist at the time of the granting of the special permit.
T.
Family recreation, outdoor, subject to the following conditions:
(1)
Site lighting. A site lighting plan shall be provided, including all technical specifications for the type and intensity of lighting proposed, the location and height of all lighting fixtures, standards, luminaries and facilities, evidence that lighting will not affect nearby residential properties and proposed hours of operation of night lighting.
(2)
Noise. Adequate evidence must be furnished by the applicant demonstrating that noise levels will not be likely to disturb nearby residential properties. Such evidence must take into account the nature of the activity, the general demeanor of participants, the number of participants, the frequency of the activity and the time and day of the proposed activity.
(3)
Waste. A plan must be provided demonstrating that activity of generated waste, such as fertilizer and insecticide runoff or airborne spray, solid waste and any other by-product of the activity will be disposed of properly.
(4)
Special considerations. Because the range of activities permitted as family recreation is very wide and the characteristics and intensity of use may vary widely, the Town Board may impose such additional requirements as may be necessary to provide adequate protection to adjoining and nearby properties, considering the proposed activity, the proposed location and the nature of the adjoining community.
U.
Shipping and receiving of hazardous waste and regulated medical waste, subject to the following conditions:
(1)
In a M Zone, the storage, placement or handling of hazardous and medical waste is not to be within 200 feet of a property line of an area zoned for residential use. This requirement applies to all parking, storage and loading of transport vehicles.
(2)
All liquid waste stored outside of a building shall be stored in double-wall aboveground tanks. Containers containing liquid waste shall be stored indoors only in areas providing secondary containment. All tanks and containers must meet the requirements of all applicable agencies, including but not limited to Chapter 143 of the Clarkstown Code, 9 NYCRR, National Fire Protection Association (NFPA), Rockland County Health Department and New York State Department of Environmental Conservation (NYSDEC).
(3)
If located uphill of a watercourse that is part of a water supply source, the double-wall tank must be within a concrete or similar impervious dike capable of holding 125% of the contents of the tank.
(4)
Any portion of the site with outdoor tank storage shall be surrounded by security fencing at least 10 feet in height with self-closing doors.
(5)
Operations shall include only material handling, i.e., short-term storage, transfer and transfer shipment. No processing, mixing, sorting or other operations shall be undertaken that allow mixing of unlike products or by-products or exposure to air (other than transferring like materials between containers), soil or water.
(6)
Except for outdoor storage tanks, all operations shall be conducted within fully enclosed buildings.
(7)
Prior to issuance of the special permit, the applicant shall have received all other necessary town, county, special district, state and federal permits, including an approved closure plan where required by such other agencies.
(8)
The applicant shall furnish an emergency response plan approved by appropriate participating or permitting organizations. Said plan will confirm the availability of any trained personnel or specialized equipment that may be necessary. The emergency response plan must contain a complete listing including material safety data sheet (MSDS) or equivalent of all materials handled and quantities regularly handled. A copy of the response plan shall be furnished to the Fire Inspector and the local fire department by the applicant.
(9)
All transport vehicles shall be fully permitted by appropriate agencies.
(10)
In an LIO zone, the storage, placement or handling of hazardous and medical waste is not to be permitted on any property contiguous to an area zoned for residential use. This requirement applies to all parking, storage and loading of transport vehicles.
W.
Hospice residence in the R-80 and R-160 Zoning Districts on lots with a minimum lot area of 10 acres, subject to the following conditions:
X.
(Reserved)
Y.
(Reserved)
Z.
Child day-care centers, subject to the following conditions:
(1)
Licensing. The child day-care center must be licensed under the provisions of the New York State Social Services Law or a successor agency.
(2)
Application narrative. The special use permit application shall be accompanied by a narrative description of the anticipated occupancy of the facility by age group, i.e., infant, toddler and school age, the hours of operation of the facility, staffing, food service and sanitary provisions.
(3)
Floor plan. A preliminary floor plan of the child day-care center shall be submitted.
(4)
Parking. One parking space shall be provided for every 350 square feet of gross floor area, exclusive of exterior play areas. The most appropriate location for dropoff parking shall include a consideration of emergency access and shall be determined by the Planning Board during site plan review. The dropoff location shall be clearly posted with appropriate signage or pavement markings. Fire lanes shall not be used for dropoff areas.
(5)
Outdoor play area. The minimum outdoor play area as required for licensing purposes shall be provided. Outdoor play areas shall be located a minimum distance of 25 feet from any lot line or from any parking area, and 50 feet from any public right-of-way; provided, however, that the Planning Board may vary this requirement on a case-by-case basis to ensure that play areas are adequately screened and buffered from vehicular areas. Outdoor play areas shall be directly accessible from the principal structure and shall not require crossing any street, driveway or parking area for access. The Planning Board may, as part of site plan review and in consultation with the prospective operator, modify the area requirement to apply only to the largest age group enrollment scheduled to use the outdoor play area at one time.
(6)
Minimum indoor play area. The minimum indoor play area as required for licensing purposes shall be provided. Areas used for large motor activity, staff lounges, storage spaces, halls, bathrooms, kitchens and offices shall not be included in the calculation of the applicable per child requirement.
(7)
Noise and visual screening. Operation of a child day-care center shall be conducted in a manner which minimizes any impacts to adjoining residential uses or residential zoning districts. In particular, noise shall be minimized and visual screening shall be provided. Outdoor play areas shall not be located in any required buffer area. The Planning Board shall determine the appropriate combination of materials to buffer and screen the center, which may include a combination of berm, fence and landscape materials. Consideration shall be given to situating the building on the site to attenuate and block noise generated by traffic and the outdoor play area.
(8)
Ingress and egress. Said facility shall provide a minimum of two exits.
(9)
Other standards. Child day-care centers shall adhere to the requirements of the New York State Uniform Fire Prevention and Building Code, as well as all other applicable sanitation, health and traffic safety code requirements.
(10)
Multi-story buildings. If the child day-care facility is part of a multistory building, any floor being used that is part of a multistory building shall have ground-level entry.
(11)
Hallways with a length of 20 feet or greater between the building exterior and the child day-care center shall be prohibited.
(12)
Traffic considerations. Due to the special occupancy of a child day-care center, a center shall be situated on properties which afford safe internal and external traffic circulation. In order for the Planning Board to make this determination, a traffic impact study may be required with the special use permit application and shall include, but not be limited to, a traffic capacity analysis, sight distance calculations and/or study of internal traffic circulation. The study shall include the submission of traffic data from existing comparable facilities. The Planning Board may impose reasonable conditions, including but not limited to restrictions on traffic flow and direction into and out of the center, based on the results of the traffic impact study.
(13)
Security. A child day-care center may be developed in a location where it abuts office or retail space that is transient in nature. To ensure adequate safety to the occupants of the child day-care center, the applicant shall demonstrate that reasonable measures may be implemented to secure the center from entry by persons other than employees, children being cared for and their parents or guardians. Security measures may include, but are not limited to, appropriate locations for lighting, and internal security systems.
AA.
Route 304 special permit.
[Added 8-20-2013 by L.L. No. 6-2013]
(1)
Legislative intent.
(a)
The Town Board of the Town of Clarkstown recognizes that New York State Route 304 from Ludvigh Road in Bardonia northerly to New City/Congers Road in New City is not a limited access road and that it is an area in transition with areas of residential, professional office uses, retail uses, interspersed with home occupations and nonconforming professional offices.
(b)
The Town Board finds that the protection of the integrity of the single-family residential areas within this corridor is of paramount importance and that any proposal must provide all possible protection for this use.
(c)
The Town Board recognizes that Route 304 has been designated as a major road and as such is intended to carry relatively large volumes of traffic. Therefore, any development along Route 304 shall be designed to minimize problems of access and to minimally disturb the traffic carrying capability of the roadway.
(d)
To provide for continued orderly development of the Route 304 corridor running in a northerly direction from Ludvigh Road in Bardonia to New City/Congers Road in New City and to allow for development to be consistent with the goals and objectives of the Master Plan, the Planning Board determines that another developmental option be added to that which exists.
(2)
Statutory authority and jurisdiction.
(a)
This subsection is hereby enacted pursuant to the provisions of § 10 of the Municipal Home Rule Law.
(b)
The authority to grant the issuance of special permits as provided in this subsection is hereby delegated by the Town Board to the Planning Board of the Town of Clarkstown. Reference herein to R-15 and R-22 Zoning Districts is reference to such districts as described in Chapter 290 of the Clarkstown Code concerning zoning.
(3)
Procedure; fee.
(a)
The Planning Board is hereby authorized to issue a special permit under the provisions of this subsection, subject to all of the special requirements and conditions herein and any requirements which may be made a part hereof. Every special permit shall also conform to all special findings that are specified herein.
(b)
Application to the Planning Board for a special permit under this subsection shall be accompanied by a fee of $250, plus postage charges to defray the cost of processing the review of the application.
(c)
Prior to formal application to the Planning Board to obtain a special permit under this subsection, the applicant shall submit information required to meet the requirements of the New York State Environmental Review Act (SEQR)[6] to the Town Department of Engineering and Facilities Management acting as technical staff to the Planning Board, which will make recommendations to the Planning Board, which shall determine whether the requirements of SEQR have been met. The Planning Board may hold a joint public hearing under the provisions of SEQR and this subsection whenever practicable. In the event that a final SEQR determination has not been made, no application for a special permit under this subsection shall be granted.
[Amended 12-13-2018 by L.L. No. 9-2018]
[6]
Editor's Note: See § 8-0101 et seq. of the Environmental Conservation Law.
(d)
The Planning Board shall hold a public hearing on due notice within 45 days after submission of a formal completed application for a special permit under the provisions of this subsection.
[1]
Notice of the public hearing shall be by publication in the official newspaper of the Town at least 10 days in advance of the hearing.
[2]
The hearing notice shall indicate that the application may be examined and further information is available from the Planning Board office during regular business hours.
[3]
Copies of the publication order shall be mailed by the applicant to the owners of property within 500 feet of the property which is the subject of the application, and an affidavit of service thereof shall be filed with the Planning Board due on or before the date of the hearing.
[4]
The Planning Board may approve, approve with conditions or disapprove the application for a special permit under the provisions of this subsection within 45 days after a public hearing.
[a]
The decision shall be made at a meeting of the Planning Board with a quorum present and not less than a majority of the total membership voting "aye" on the resolution.
[b]
In the event that the Rockland County Planning Commissioner has recommended against the application, the Planning Board may approve it only with a majority plus one of the total membership and must state its reasons for overriding the Rockland County Planning Commissioner in the approval resolution pursuant to the requirements of § 239-m of the General Municipal Law.
[c]
The period in which the Board may take action may be extended with the consent of the application.
(4)
Issuance of permit. The Town Board hereby provides that a special permit may be granted by the Planning Board to allow for conversions of existing single-family residences, or former single-family residences that have received variances for professional office use, with lot frontage on Route 304 in the R-15 and R-22 Zoning Districts, being and running in a northerly direction from Ludvigh Road in the Hamlet of Bardonia to New City/Congers Road in the Hamlet of New City, subject to the following criteria:
(a)
The use shall be limited to professional and business offices of the kind that traditionally serve residential areas, such as physicians, dentists, psychotherapists, physical therapists, counselors, attorneys, accountants, contractors, real estate and insurance sales and travel agents.
(b)
There shall be no outside storage of equipment, materials or commercially registered vehicles, vehicles with business identification or advertising signs.
(c)
Conversion to professional and business offices shall only be permitted in buildings which were in existence at the time of adoption of this subsection. Additions to existing buildings shall not be permitted in any required yards of the zone in which the lot is located.
(d)
The lot which is the subject of the application shall have frontage on Route 304.
(e)
Building height shall be limited to two stories, but a preexisting building with more than two stories may use the preexisting space.
(f)
Parking shall be visually obscured through the use of fencing or dense landscaping from any adjoining residence, as determined by the Planning Board.
(g)
Parking shall be screened from Route 304 except for the area visible for purposes of a curb cut.
(h)
Parking may be permitted in a front yard at the discretion of the Planning Board.
(i)
Parking requirements shall be determined by reference to the most applicable (and restrictive) requirement in terms of similarity of use as determined by the Planning Board.
(j)
The use of the property shall be subject to site plan approval by the Planning Board.
(k)
Driveway access shall be from Route 304 or from an abutting intersecting side street, at the discretion of the Planning Board.
(l)
A landscaped yard shall be provided along the lot lines of abutting or contiguous residentially zoned lots that is as deep as the required rear or side yard on the residentially zoned lot facing the subject lot.
(m)
The premises which are the subject of the application shall be required to provide landscaped yards along the lot lines abutting or contiguous to residentially zoned lots and shall provide required side yard and rear yard depth which complies with the zoning depth and width requirements of the district in which the abutting or contiguous residentially zoned lots are located.
(5)
Planning Board findings.
(a)
The Planning Board shall make written findings that the issuance of a special permit will conform to all of the requirements of this subsection, that issuance of a special permit will not have an adverse impact on nearby properties zoned and used for residential purposes and that traffic to be generated by the proposed use will not have an adverse impact on Route 304 or adjoining residential streets.
BB.
Dormitories. Dormitories are permitted by special use permit of the Planning Board only as accessory uses to, and located on the same lot as, schools of general instruction or camps, subject to the following conditions:
[Added 3-22-2016 by L.L. No. 5-2016]
(1)
There shall be a minimum lot area of 2,400 square feet provided per dormitory bed, exclusive of the lot area allocated and devoted to the principal and other accessory buildings on any site including the required yards and/or setbacks, buffers and parking facilities for said buildings.
(2)
The minimum distance between a dormitory and any other building on the lot shall be 50 feet.
(3)
The minimum distance between any dormitory and any interior driveway shall be 25 feet.
(4)
The maximum height of any dormitory shall be two stories or 25 feet, whichever is less.
(5)
No dormitory room or dwelling unit shall be permitted in any cellar or basement.
(6)
All dormitories shall be equipped with sprinkler and fire alarm systems in accordance with the Town of Clarkstown Fire Prevention Code and the New York State Uniform Fire Prevention and Building Code.[7]
(7)
[8]
Editor's Note: Table 2, Residential Zoning Districts Parking and Loading Requirements, is included as an attachment to this chapter.
(8)
Additional regulations.
(a)
No trucking shall be permitted into a site from a collector or local street. No shipping or receiving of goods shall be permitted between the hours of 7:00 p.m. and 7:00 a.m.
(9)
Floor area ratio shall be 0.30.
CC.
Home occupations.
[Added 3-22-2016 by L.L. No. 5-2016]
(1)
As permitted by special permit of the Zoning Board of Appeals, a home occupation may utilize up to 25% of the habitable floor area of a principal building even if it exceeds 250 square feet. If the home occupation use, including related storage, utilizes less than 25% of the habitable floor area of the existing principal residence and less than 250 square feet in the principal residence, then this may constitute an accessory use subject to § 290-20J.
(2)
Home occupations as permitted by this special permit of the Zoning Board of Appeals shall be subject to the following conditions:
(a)
The Board of Appeals shall make appropriate findings with respect to locations, intensity of use, parking and any other factors that may affect neighboring properties.
(b)
The home occupation may be allowed in an accessory building if all yard requirements are met for said accessory building.
(c)
No more than two employees may be permitted.
(d)
Off-street parking shall be shown on a site plan, provided on the site, and shall not adversely affect neighborhood character. The Board of Appeals shall require adequate screening to protect neighboring properties. The off-street parking shall be provided without paving more than 25% of the required front yard.
(e)
The home shall be the actual place of residence of the person conducting the home occupation.
(f)
The home occupation may allow the use of equipment not a customary household appliance or light office equipment. The Board of Appeals shall give consideration to such factors as air quality, noise, visual impact, sewers, emissions, and any other pollution standards that may be applicable.
(g)
The lawful use of any premises as a home occupation existing on May 24, 1988, may be continued although neither such use nor bulk conforms to the current regulations. Normal maintenance and repair of premises used as a nonconforming home occupation shall be permitted if it does not extend the area of or the intensity of such use.
(h)
The applicant shall provide a sworn and notarized affidavit indicating how all the aforementioned conditions will be met.
DD.
Pet care service facilities with outdoor areas for pets.
[Added 3-26-2019 by L.L. No. 4-2019]
(1)
The applicant shall provide a survey which shows the full extent of the areas on the site which may be occupied by pets. This survey shall demonstrate that any area on the site which may be occupied by pets is at least 200 feet from property in the R-10, R-15, R-22, R-40, R-80, R-160, MF-1, MF-2, MF-3 and AAR zoning districts.
(2)
The applicant shall show, to the Zoning Board's satisfaction, that noise from the pets on the site will be mitigated.
(3)
The applicant shall show, to the Zoning Board's satisfaction, that odors from the pets on the site will be mitigated.
EE.
Light manufacturing uses such as dry-cleaning, rug-cleaning and laundry plants, printing and publishing.
[Added 2-28-2023 by L.L. No. 4-2023]
(1)
Buffer areas of 75 feet shall be required. The Zoning Board of Appeals may reduce width of the buffer to no less than 50 feet where local conditions and substitute appropriate protection for neighboring properties is reasonably indicated. Such buffer areas shall be permanently landscaped and maintained in harmony with the landscaping or natural growths in the neighborhood.
FF.
Agritourism uses, subject to the following conditions:
[Added 6-25-2024 by L.L. No. 7-2024]
§ 290-18 Prohibited uses.
The uses which are listed in this section are prohibited in the town.
A.
Manufacturing uses involving primary production of the following products from raw materials: asphalt, cement, charcoal and fuel briquettes. Chemicals: aniline dyes, ammonia, carbide, caustic soda, cellulose, chlorine, carbon black and bone black, creosote, hydrogen and oxygen, industrial alcohol, nitrates (manufactured and natural) of an explosive nature, potash, plastic materials and synthetic resins, pyroxylin, rayon yard, and hydrochloric, nitric, phosphoric, picric and sulphuric acids. Coal, coke, and tar products, including gas manufacturing; explosives; fertilizers; gelatin, glue and size, animal. Linoleum and oilcloth; matches, paint, varnishes and turpentine. Rubber (natural or synthetic); soaps, including fat rendering; starch.
B.
The following manufacturing processes: nitrating of cotton or other materials; milling or procession of flour, feed or grain; magnesium foundry; reduction, refining, smelting and alloying of metal or metal ores; refining secondary aluminum; refining petroleum products, such as gasoline, kerosene, naphtha, lubricating oil; distillation of wood or bones, reduction and processing of wood pulp and fiber, including paper-mill operations.
C.
Operations involving stockyards and slaughter houses, grain elevators, slag piles and the keeping, breeding and raising of foxes, minks, pigs or primates for commercial or laboratory purposes; provided, however, that the keeping and use of primates for laboratory and experimental purposes, within the same premises, is a permitted accessory use in all zones in which laboratories are a permitted use.
[Amended 4-9-1975]
D.
Storage of explosives, except under license from the State of New York and in a manner and place conforming to the laws of the state and the American Table of Distances, and provided no more than 50,000 pounds be stored in any one magazine.
E.
Bulk or wholesale storage of gasoline aboveground.
F.
Dumps, except those owned and operated by the town and the Village of Nyack.
G.
Airports.
[Added 12-14-1999]
H.
Junkyards.
[Added 12-14-1999]