Variety of housing types. Provide the opportunity for the creation of a wider variety of housing types, including affordable housing, in the Town, ranging from single-family for those persons working and living in the Town of Cortlandt, including both elderly and young households, families of moderate income and small families.

Creative use of large tracts. Encourage the creative use of large tracts located along the following major state highways, Route 6, Route 202/35 and Route 9A. Establish a more desirable living environment than would be possible through traditional subdivision in accordance with the conventional standards established elsewhere in this article.

Flexibility of design and development. Permit flexibility of design and development in such a way as to promote superior land planning design, greater economy, efficiency and convenience in the arrangement of land uses and their supporting infrastructure, preserve open space and protect floodplains, wetlands, steep slopes, biodiversity, trees and other natural features.

Service and utilities. Encourage orderly and well-planned development of a scale and location that will make it feasible to construct a comprehensive package of supporting utilities, services and facilities, active and passive recreation facilities, a stormwater control and retention system, etc., so as to achieve developments which are environmentally, physically, visually and economically superior.

Traffic circulation. Encourage orderly development of sites with substantial frontage on state highways to provide safe, efficient access and traffic circulation.

Master Plan. Promote a development pattern in harmony with the objectives of the Town's Master Plan.

Preservation. Maximize the preservation of slopes over 15%, wetlands, flood-prone areas, historic structures or areas, unique, natural or geographic formations, rare vegetation or habitats of endangered wildlife, lakes, ponds, significant recreational areas or resources, trails, bikeways, pedestrian routes and significant scenic routes, particularly ridge lines, water bodies and mountains. Conservation easements shall be established to protect and preserve environmentally sensitive land in a manner so as to preserve the natural and scenic qualities of open lands and creating connectivity with adjacent open space, when applicable.

Adequate review. Provide adequate review and supervision of development by requiring both conceptual and specific plan approvals for properties rezoned by legislative action to the CBD Zone.

Add to the recreational inventory of the Town. Projects of this nature will be required to either propose new public recreation areas or to pay a recreation fee as required under § 265-11 of the Subdivision Ordinance.

Protect NYC DEP watershed properties. CBDs will not be entertained by the Board for any parcel of land that is wholly or partially within any NYC DEP watershed regulated area.

Assisted living. To address a potential need to accommodate less-independent individuals, allow CBDs to be created at a higher density for the purposes of assisted living for senior citizens. Allow a limited amount of medical-type space (pharmacy/doctor's office) which would be accessory to the assisted living use.

The lands proposed for rezoning may consist of one or more parcels totaling 25 or more contiguous acres. At least one of the parcels constituting the lands proposed for rezoning must possess at least 100 feet of frontage and access on a state highway. State highways are Route 6, Route 202/35, and Route 9A. The lands proposed for rezoning must also meet the other criteria and qualifications set forth in this article.

A minimum of 10% of the final unit count shall meet the Westchester County definition of affordable housing. Town of Cortlandt residents shall have preference for the affordable units.

While only lands considered eligible under these criteria may be considered for placement within the CBD Zone, there shall be no presumption that lands so considered eligible will ever be rezoned into the CBD Zone. The decision to rezone, or to decline to rezone, any particular properties into the CBD Zone is a purely legislative determination entirely within the legislative discretion of the Town Board. The Town Board shall have the right to reject any petition for CBD rezoning at any stage of the proceedings. The Town Board shall also have the authority to rezone lands into the CBD Zone as a direct action in the absence of a petition.

Residential uses. Detached, semidetached or attached one-family dwelling.

Accessory commercial uses. The Town Board may consider commercial uses, retail shops, personal service shops, professional offices and small grocery stores and other as-of-right uses found in a Community Commercial Zone as a component of the CBD project.

Other accessory uses. Accessory uses permitted in the CBD Zone shall be limited to the following: playground equipment; pools and cabanas; sports courts; gazebo(s); home occupation with no nonresident employee; clubhouse; garage; storage shed, ball fields, bikeways and nature trails.

Density. At the time of any rezoning of a parcel into the CBD Zone, the Town Board shall set the density in accordance with this section.

Minimum lot dimension.

Bulk and area requirements not addressed in the CBD regulations will be established by the Planning Board for each project as part of site development plan approval.

Building height. The maximum permitted building height within a CBD shall be 35 feet.

Maximum coverage. The maximum permitted gross building coverage on any CBD site shall be 20%.

Screening and buffering. The minimum buffer area shall be 100 feet as measured from the property boundary of the CBD to the nearest structure and/or improvement. In reviewing the development plan, the Planning Board shall consider the setback and proposed screening of parking and active recreation areas and may require buffer areas of up to 150 feet. Buffer and screening areas shall be landscaped or left in their natural state, where appropriate. The Planning Board may require additional landscaping to screen utility buildings, refuse-collection areas, cooling systems and other similar installations and features. The Planning Board, as part of site development plan approval, may modify the requirements of this subsection when it determines that the specific circumstances of a particular site make adherence to the requirements of this subsection unwarranted or impractical and require alternative buffering means which achieve the purposes of this subsection. The reasons for any such modifications must be expressed and placed into the official record of the Planning Board.

Open space and recreation areas. At least 1/3 of the gross acreage of any CBD site shall consist of land which is used for recreational purposes and/or preserved as permanent open space.

Unit design considerations. For CBDs with attached and semidetached units, in order that such subdivisions will be properly planned in relation to the community and personal needs of people, the following design elements shall be considered by the Planning Board in addition to the specific provisions of the land subdivision regulations and the normal factors examined in the site plan review:

Layout design considerations given the need for preserving existing neighborhood identity and community character. The Planning Board shall consider the layout of small neighborhoods or clusters within the development, each having some open space immediately surrounding it, as a goal of proper site planning so that a massive concentration of units, with little or no differentiation, can be avoided.

Vehicular circulation system and traffic access. All streets and driveways within a CBD shall be designed to adequately serve their intended traffic function and the anticipated volume of traffic of the development.

Pedestrian circulation system. In each CBD, a pedestrian circulation system shall be designed and installed in addition to the vehicular circulation system, which is sufficient for the needs of CBD residents. Such a system might be composed of paved and unpaved walkways and bikeways of appropriate width, design and location to serve their intended function.

Add to the recreational inventory of the Town. Projects of this nature will be required to either propose new public recreation areas or to pay a recreation fee as required under § 265-11 of the Subdivision Ordinance.

Protect NYC DEP Watershed Properties. CBDs will not be entertained by the Board for any parcel of land that is wholly or partially within any NYC DEP watershed regulated area or within 1,000 feet of any state or county park.

Utilities and services.

Affordable component. A minimum of 10% of the proposed units must meet the definition of the Westchester County Affordable Housing Guidelines.

The application for rezoning by special permit to CBD and site development approval shall consist of the following:

Fee. The application and supporting documentation shall be accompanied by a nonrefundable filing fee of $5,000. If the application is referred to the Planning Board for further consideration, the Planning Board application fee shall be set from time to time by the Town Board. Currently, the fee recommended at the time of the adoption of this section is $1,000 per unit. In addition, if an EIS is required, an escrow deposit will be set in accordance with SEQR. Site plan review for each phase of development may require additional fees.

Twenty-five copies of all of the above shall be submitted.

Step 1: Submission of the CBD application to the Town Clerk. The applicant shall submit his application and fee of $5,000 for formal legislative rezoning of the CBD Zone and site development plan approval to the Town Clerk who shall place it on the next available agenda of the Town Board.

Step 2: Preliminary Town Board action. The Town Board will make a determination of the completeness of the application after a review with appropriate departments.

Step 3: If the Town Board wishes to advance an application, the CBD application is referred to the Planning Board with or without the Town Board's suggestion for offsite betterments. At this step, the applicant is required to pay an additional fee to the Town at the rate as established by the Town Board for subdivisions or site plans at the time of application.

Step 4: Review of the CBD application and site development plan by the Planning Board.

Step 5: Decision of Town Board.

Step 6: Site development plan approval and subdivision approval by the Planning Board. Upon receipt of the Town Board's approval of the project, the Planning Board shall grant preliminary and final subdivision and site development plan approval consistent with the Town Board's approval.

Approval of a LN/SCD may only be granted by a special permit from the Town Board in connection with properties which are currently devoted to senior citizen housing and which use is legal, nonconforming in the District in which the property is located.

Developers of a proposed LN/SCD are encouraged to meet with the Town Board prior to submittal of special permit applications.

Procedures for submission and approval of the special permit application are contained in Article X of this chapter.

When development is projected to take place over a number of years, approval of the LN/SCD may be phased. An initial special permit may be given for approval of the general plan, including land use, density, circulation systems, utilities and other infrastructure and other basic elements. Prior to any construction in a particular phase of the project, all required approvals, such as site development plan approval, subdivision approval and/or other approvals, must be obtained.

An LN/SCD shall contain residential units which are traditionally associated with accommodating senior citizens at an affordable rental or purchase price, with community and civic activities, open space and recreation areas.

Within basic topographic and site boundary configurations, the layout of the senior citizen residential units shall be compact, with buildings located close to street lines. Perimeter boundaries to the development of the additional units shall be established by open space buffers in order to maintain the self-contained identity of the development and to prevent the sprawl of development to other areas.

Transportation facilities shall be designed to minimize the use of the automobile within the LN/SCD and, to the extent possible, to promote the use of public transportation to and from the site. Pedestrian walks and driveways shall be provided to link the additional senior citizen residential units to the existing site elements, to the extent practicable.

Minimum land area, which may include more than one parcel: 30 acres, comprised of the existing and proposed senior citizen residential units and common facilities.

Location. LN/SCD's shall be located so as to avoid disturbance of environmentally sensitive areas and scenic landscapes.

Water and sewer service. The residential units shall be connected to central water and sewer systems.

Highways. The project shall have sufficient access to public highways such that there shall be no decrease in the level of service on the Town highway system as a result of the project.

Density of development.

Required open space. Open spaces shall be maintained for active or passive recreation use and shall exclude parking areas and driveways and shall be unbuilt upon except for outdoor recreation facilities and landscaping elements such as benches, fountains and sculptures.

Building coverage, landscaping and yards.

Land uses.

Setback buffer requirements. Except where a LN/SCD abuts another senior citizen development or LN/SCD, a landscaped open space buffer shall be provided along the perimeter of the site, which in the opinion of the Town Board is of sufficient width so as to separate the LN/SCD from adjacent uses.

Parking.

The development shall be designed to comply with the development objectives listed above.

The development shall comply with all of the development requirements contained in this section.

The development shall comply with all of the requirements for special permits and site development plan approval contained in Articles X and XII of this chapter.

Construct new multifamily developments to replace preexisting non-conforming multifamily developments for sale or as rentals.

Provide affordable housing units within multifamily developments.

The intent is to achieve demolition of preexisting multi housing units and encourage their reconstruction as attached or semi-attached housing units.

Provide the opportunity for a wider variety of housing types in the Town, including single-family homes, condominiums, town homes and apartments for elderly and young households and families of moderate income.

Purpose. Creative reuse of smaller bungalow-type developments in the Town. Establish a more desirable living environment than would be possible through traditional subdivision in accordance with the standards established elsewhere in this article.

Master Plan. Promote a development pattern in harmony with the objectives of the Town's Master Plan; specifically, those dealing with enhanced visual appearance of the Town.

Existing parcel or parcels of land that contain at least three or more preexisting residential units.

Property may be developed at a maximum density of 20% over the existing number of residential units.

At a minimum, all additional units over the existing number of units shall meet the Westchester County definition of affordable housing.

Bulk and area requirements will be established by the Town Board for each project. The setbacks must comply with the requirements of the district within which the proposed project is located unless it can be demonstrated to the satisfaction of the Planning Board that it is impracticable to comply, in which case the applicant will be allowed to have such setbacks as may be approved by the Planning Board but in no event shall they be less than the setbacks of the existing nonconforming structures.

Building height. The maximum permitted building height within a RRUSP shall be 35 feet as determined by the Department of Technical Services.

The total number of bedrooms shall not exceed an average of two bedrooms per unit.

Maximum coverage. The maximum permitted gross building coverage over the existing coverage on any RRUSP site shall not exceed 25% of the existing gross building coverage, except that the Town Board may allow a greater maximum coverage based on existing circumstances not to exceed 50%.

Utilities, services and off-site improvements shall be provided as required by the Town.

This special permit shall take into consideration the public health, safety and general welfare, the comfort and convenience of the public in general and the residents of the immediate neighborhood in particular and shall make any appropriate conditions and safeguards in harmony with the general purpose and intent of the Zoning Code and particularly with the standards contained in § 307-73.

Projects will be required to either provide new public recreation areas or to pay a recreation fee as required under § 265-11 of the Subdivision Ordinance and Local Law No. 2 of the year 2002.[1]

The applicant is encouraged, prior to formal submission of the application for Residential Reuse special permit, to meet in a preapplication conference with the Town Board and/or Town staff to review the requirements and procedures defined herein and to discuss the general planning concepts for the proposed development.

The application and approvals procedure is as follows:

Ownership. Property lines and the names of all adjoining streets and property owners.

Site and neighboring uses. A map and photographs showing the uses of land on the site and adjacent to the site and a location map showing roads, parcels buildings and zoning districts within 500 feet of the proposed site.

Applicant and owner. The name and address of the applicant, the property owner, and if the applicant is other than the property owner, evidence of his authority to act, and name and address of the planner, engineer, architect, surveyor and/or other professionals engaged to work on the project.

Topography. Topographic information, including contours with a vertical interval of no more than two feet and shall be in 1929 NYSVD.

Features. Existing natural and man-made features, including streams, wetlands, significant outcroppings, stone walls, floodplains, slopes over 15%, slopes over 30%, buildings and other improvements.

Circulation. The proposed elements of the vehicular and pedestrian circulation system.

Land use plan. A land use plan showing the proposed uses of the site including open spaces and recreation area(s), the location of residential areas, their type, size and composition, any area of nonresidential use, sites reserved for public utilities, etc.

Shadow plan. Shadow plan indicating shadows cast by all proposed buildings at the winter solstice (December 21), for the purposes of assuring access to sunlight, must be submitted to the Planning Board.

Utilities and services. The nature and location of all utility and service systems and facilities, including sewer, water, storm drains, public utilities, refuse collection and antenna hookups.

Written statement. The written statement accompanying the special permit development plan shall consist of a text description of the proposed plan indicating how it will serve to implement the intent and purpose of such developments as set forth in this section, a preliminary analysis estimating the various quantitative elements of the plan, including the number of residential dwelling units (by type) calculated in accordance with the allowable density formula, the amount of nonresidential floor space, the number of off-street parking facilities, as well as the types of planned recreation facilities, proposals for the construction, operation and maintenance of all recreation facilities, open space, parking areas, walkways, utilities, roads and other common lands and facilities will be assured. The statement shall include a table or listing showing how each of the development requirements of this article has been met in the proposed plans.

Staging plan. A proposed plan indicating the approximate staging of building construction and related improvements within the RRUSP, including the general order of construction and the estimated timing of each stage, must be submitted to the Planning Board. The staging plan shall be designed to assure that future residents of the first sections of the development shall have adequate services, including all utilities, streets, recreational facilities and landscaping, to suit their needs, even if future stages do not materialize.

Environmental documents. The application must in all respects comply with the New York State Environmental Quality Review Act (SEQR).[2] A full environmental assessment form shall be submitted to the Planning Board. If determined necessary, an EIS will be prepared in accordance with the requirements of SEQR, which will describe the anticipated physical impacts of the proposed development, including any negative impacts that may result and actions planned by the applicant to mitigate them.

List of approvals required. A list of approvals required from various governmental agencies prior to proceeding with the first stage and any subsequent stage of development must be submitted to the Planning Board.

The Planning Board and/or the Town Board may require the presentation of a 3-D model of the proposed development.

Fees. Initial application to the Town Board shall be accompanied by an application fee to be determined by the Town Board. If the application is referred to the Planning Board for further consideration, the Planning Board application fees shall be those that are in effect at the time for site plan and/or subdivision applications. In addition, administrative and escrow fees-will be required for SEQRA reviews.

Public hearing on special permit and site development plan. During the application process, the Planning Board shall hold public hearings on the application with appropriate legal notice, and the applicant will be required to comply with § 307-41 C of the Zoning Code with respect to notification of the public hearings on this application.

Joint meeting with the Town Board and Planning Board. The application will be reviewed at a joint meeting of the Town Board and Planning Board.

Other referral. The Town Board and/or Planning Board may refer the proposed site development plan to any such agencies or officials of the Town, county or state government as the Board may determine appropriate.

Uses by right in the Camp Smith Reuse District shall be parks and recreation.

Uses by special permit in the Camp Smith Reuse District shall be Community Betterment District, single-family dwelling, two-family dwelling, multifamily dwelling and accessory residential uses; institutional and public uses; retail stores; eating and drinking places; finance, insurance and real estate; hotels and lodging places; personal and business service facilities; health, social and child-care services; legal, educational and other professional services; and manufacturing.

Minimum lot area per dwelling unit: 5,000 square feet, with modification as may be provided by any local law to provide for incentive zoning.

Maximum height: three stories or 40 feet, with modification as may be provided by any local law to provide for incentive zoning.

Maximum building coverage: 25%.

Minimum landscape coverage: 25%.

Landscaping, screening and buffering regulations: as set forth in Article VII.

Land uses shall include a mix of residential, nonresidential and open space uses, so that housing, employment, service and recreational opportunities are all combined on the site. Land areas developed for residential use shall not exceed land areas developed for commercial and open space uses unless the Town Board finds that the purposes of the district and the public health, safety and welfare would be better served otherwise.

Buildings shall be located so that obstruction of views from the site of the Hudson River and other scenic features shall be minimized and views of the site shall be enhanced.

Parking areas shall be provided at the side or rear of buildings, except for parking areas for single-family dwellings.

Dimensional standards shall be as set forth on the Table of Dimensional Requirements,[1] except for the following:

The Town Board recognizes that from time to time changes must be made to the Table of permitted uses of the Town with respect to land uses and technologies that are modified and change over time.

The Town's new Master Plan, "Envision Cortlandt," encourages recycling and composting specifically through Policy Number 156 and it is proposed that composting, recycling, and other such activities be strengthened and encouraged throughout the Town as recommended by the Comprehensive Plan.

Organic materials that come from living plants and animals are best managed as a resource rather than a waste; from animal manure and crop residue to leaves and grass to the uneaten food generated daily in cafeterias, restaurants, and homes, to food processing waste, organic materials are all part of life. Managing these materials through reduction, reuse, and recycling including composting is a high priority for the Town. Organic materials originate from plants and animals; while diverse in nature they all contain organic matter (carbon-based compounds). It is the organic matter and nutrients that lead to the useful products (compost, biogas, and digestate, etc.) derived from these materials.

It is the intent of the Town Board to broaden the permitted uses in the Town to allow for organic recycling for the recycling composting of organic materials generated by the waste products from food, restaurants, and other type facilities.

Promote desirable balance of land uses along Annsville Creek, including commercial and water-dependent and water-enhanced business uses.

Encourage high-quality development, fitting for this important gateway to the Town.

Expand public access along the water's edge.

Support rehabilitation and protection of the natural resources of Annsville Creek.

Develop residential uses where such development advances the purposes set forth herein.

To encourage investment in infrastructure and other amenities that support smart growth of the area.

Provide expanded opportunities and incentives to secure affordable housing for Town residents.

Ensure consistency with Town's Comprehensive Plan and other local plans.

Dimensional requirements.

Design principles. This set of principles shall be implemented to the maximum extent practicable as determined by the Planning Board in the process for site plan review. The design guidelines for this district are further discussed in a subsequent section.

Supplemental use regulations.

Intent: The zoning incentives in this section are provided to encourage investment in infrastructure and other amenities that support smart growth of the area. The bonus density and or height increases may be granted to developments as an incentive for added investment in the AWE District. The amenity package shall include provision of added infrastructure investments and/or provide a cash payment to the Town, subject to provisions set forth herein. Payment to the Town shall be placed into a separate and dedicated Incentive Zoning Fund established and managed by the Town to be used for municipal improvements directly related to supporting land uses in the AWE District, including but not limited to: water and sewer, stormwater management, and flood control; sidewalk, lighting, plantings, or waterfront walkway improvements.

Eligibility: To be eligible for additional uses and dimensional bonuses provided for in the four subareas, applicants for must comply with the following standards:

Allowable bonuses for height and/or density: The following bonuses are permitted subject to review by the procedure set forth herein.

Requirements for requested bonus: The bonus height or density increase may be granted to developments as an incentive for added investment in the AWE District as provided for below.

Criteria and procedure for approval.

Applicability. The design guidelines of this section shall be followed for all new construction and expansion projects within the AWE District which:

Projects which only involve renovations or expansions to existing site plan features (parking areas, walkways, etc.) shall follow the standards to the extent practicable, as determined by the Planning Board, recognizing those elements of the standards that can be deployed to achieve the greatest overall improvement to the appearance and functionality of the site in relationship to the roadways and adjacent properties.

Intent. These guidelines are intended to be utilized by applicants in collaboration with the Planning Board for design development and review of projects to clarify and advance the goals of the Town's comprehensive plan and local waterfront revitalization program so that all parties know what is expected.

Recommended guidelines vs. required standards. Some of the provisions of this section are recommended, while other provisions are required. In this section, the directive word "should" is used for all recommended, but not required, guidelines. The directive word "shall" is used for all required minimum standards which must be adhered to, subject to discretion by the Planning Board.

Waiver or modification request. The Planning Board is authorized to modify/waive any particular design guideline subject to a formal request being submitted to the Board detailing why strict compliance isn't possible. The Board shall consider comments and recommendations from the ARC and may waive or modify the design guideline provision(s) provided the Board finds that such waiver or modification will not substantially diminish the goals and intent of the design principles established herein.

Site analysis. A site analysis is required for all applications seeking site plan review. The site analysis shall be conducted by a licensed design professional (professional landscape architect, architect or engineer) who shall illustrate the following existing site characteristics on a scale plan of the property for use by the Planning Board in considering the proposed development design:

General site planning and design. Site plan layouts shall be designed to convey an attractive, waterfront setting, with views to the water and limited visibility of larger parking areas.

Front yard landscaping and sidewalks. The defining, organizing framework for the highway corridors is landscaping along the front yard areas of all properties including sidewalks and on-street parking where space permits.

Stormwater management. On-site stormwater management facilities, if provided, should be designed where possible as a natural and integrated element of the site landscaping.

Pedestrian and bicycle access. Safe access and accommodations for pedestrians and bicyclists shall be provided to make the property attractive and welcoming to visitors.

Parking and circulation. Parking, driveway and loading areas shall be minimized where possible in terms of size and visibility, while providing safe access in and out of the property for both vehicles and pedestrians.

Architectural character. While specific architectural styles are not suggested or required, designs shall reduce adverse visual impact of larger structures through design techniques provided in this section. Examples are provided for reference in photos on the following pages.[1]

Building entrance. Building entrances for the public shall face the main road and be highlighted by design features to make it stand out from the rest of the building.

Building scale and massing. Overall building massing shall be broken up into smaller, discrete shapes where possible to reduce the scale of the structure, particularly for larger buildings. Large monolithic box structures shall be avoided.

Exterior materials. Primary facade material (i.e., visible from a public way and comprising 35% or more of the exterior horizontal surface) should be brick or stone/artificial stone masonry for structures of more than two stories and may include natural finished wood or fiber cement clapboard or board and batten or glass (non-mirrored) curtain wall or coated steel or composite or as a secondary facade material. Discouraged/prohibited primary facade materials include vinyl siding, cement block, concrete panels, expanded foam/fiberglass (EIFS).

Signs. Commercial signs in the AWE District shall be attractively designed using a similar theme of natural materials and color palettes to help identify the waterfront area as a unique destination. Garish facade/corporate-themed exterior color schemes, excessive lighting, illuminated/transparent awnings or canopies and similar treatments may be considered signs and subject to regulation.

Exterior lighting. All exterior lighting in the AWE District shall be designed to minimize light pollution to the region and shall be compliant with dark sky, light pollution reduction principles, while providing a safe and attractive environment.

Service areas and utilities. All service areas, utilities and mechanical equipment shall be located and screened in a manner to minimize visibility from the public road.

Waterfront promenade. The promenade is intended to provide an attractive and casual nonmotorized connection between various businesses, residential properties and attractions along the Annsville Creek, providing access for pedestrians, bicycles and other users to each of the properties along the way. It is intended to be designed corroboratively with the Town and willing landowners, implemented over time, to promote visitor exploration and unlock greater economic development potential.

Public hearing. Prior to its final decision and in conjunction with its SEQRA review, the reviewing board (Planning Board or Town Board) will conduct a public hearing in accordance with the standard procedures for grant of a special permit, site plan review or Town Board public hearing.

Following the public hearing and completion of the SEQRA process, the reviewing board will approve, approve with modifications or conditions or deny the proposed incentive zoning application. A written statement of the findings will be prepared documenting the basis of the reviewing board's decision. The findings will include, but not be limited to, the following:

The following uses shall be permitted in the MOD Zoning District:

Nonconforming uses and buildings.

Height and bulk requirements.

Affordable units.

Parking.

Internal property subdivision.

Screening and buffering.

Layout design considerations. The Planning Board shall consider walkability and connectivity within the MOD as well as streetscape and public space as integral elements of all MOD campus site plans.

Design guidelines.

Vehicular circulation system and traffic access. All streets and driveways within the MOD shall be designed to adequately accommodate fire and emergency apparatus as well as serve their intended traffic function and the anticipated volume of traffic from the proposed use. Drive-throughs are prohibited for any nonmedical use in the MOD.

Pedestrian circulation system. Within MOD designated sites, a pedestrian circulation system shall be designed and installed in addition to the vehicular circulation system, which is sufficient for the needs of MOD residents, workers and visitors. Such a system might be composed of paved and unpaved walkways, lighting, streetscape amenities, and bikeways of appropriate width, design and location to serve their intended function.

Add to the recreational inventory of the Town. MOD projects will be required to either propose new public recreation areas or pay a recreation fee as required under § 265-11 of the Subdivision Ordinance. The applicant may request a reduction in recreation fees from the Town Board for affordable units. The recreation fee shall not be reduced for any other units other than those specifically listed in the preceding sentence.

Utilities and services.

Refuse collection. All MOD parcels shall provide private carting with an adequate means of collecting and storing refuse, including the agreement to provide compactors and a centrally located refuse-collection site on the premises. Any outside storage and garbage shall be in centrally located containers designed to prevent rodent infestations and shall provide sufficient screening as determined by the Planning Board.

HVAC systems. HVAC systems shall be designed so as to minimize adverse aesthetic impact and noise.

Stormwater runoff. A stormwater pollution prevention plan is required in accordance with all federal, state, and local rules and regulations, and shall be provided for both water quality and water quantity controls.

Energy efficiency. The plan for development of any MOD site shall consider the design, construction, and arrangement of buildings in such a way as to promote energy efficiency and encourage the use of alternative energy sources, such as geothermal and active or passive solar systems. All applicants shall be required to complete an energy analysis that quantifies the estimated reduction in electric, gas, and water usage measured against a baseline scenario of standard consumption patterns that the proposed conservation measures are anticipated to achieve.

Application to other agencies. The Department of Technical Services shall not issue any certificates of occupancy, certificates of completion, temporary certificates of occupancy, or temporary certificates of completion for any above-grade structures until all off-site improvements, including, but not limited to, traffic, have been deemed complete by the agency with jurisdiction over the improvements. In addition, no permits shall be issued by the Department of Technical Services until satisfactory proof is provided that all necessary applications have been made to all agencies with jurisdiction over the off-site improvements.

Protecting and restoring the natural resources, most significantly the Croton River, Indian Brook Reservoir, existing wetlands and groundwater drinking sources; and

Developing and implementing stormwater management practices that will improve water quality; and

Promoting sustainable development through land use and environmental regulations; and

Preserving and protecting fish, wildlife, and significant habitat; and

Educating the public.

The provisions of this section shall be applicable to all new land use, construction, or subdivision. Existing land use, construction, improvements and subdivisions within the Indian Brook-Croton Gorge Inter-Municipal Watershed Protection Overlay District initiated or completed prior to the effective date of adoption of this chapter are not subject to the requirements herein.

These prohibitions, restrictions, and principles shall be applied within the Watershed Protection Overlay District through the existing building permit, site plan review, and code enforcement procedures of each municipality in the Indian Brook-Croton Gorge Inter-Municipal Watershed Protection Overlay District by its officers and boards. Additionally, all development in the watershed shall be in accordance with New York State Department of Environmental Conservation regulations related to environmental protection and stormwater management.

Site plan review by the agency having approving jurisdiction is required for all new activities or property uses in the Watershed Protection Overlay District, except one- and two-family residences, and shall take into consideration the requirements and principles outlined in this chapter.

Within the Watershed Protection Overlay District, all major subdivisions shall be designed as a conservation/cluster subdivision with a minimum of 30% of the parcel permanently preserved. Town Board approval of cluster development is not required.

The boundaries of the Indian Brook-Croton Gorge Inter-Municipal Watershed Protection Overlay District are established on a map entitled "Indian Brook-Croton Gorge Inter-Municipal Watershed Protection Overlay District, Westchester County, NY 2023" (Watershed Map), which is adopted simultaneously herein. The areas included encompass the entire watersheds of Indian Brook and the Croton Gorge and their tributaries, which are subwatersheds of the larger Croton Bay Watershed. The Indian Brook-Croton Gorge watershed includes watersheds and aquifers that function as sources of supply for municipal water systems. The particular municipal water supplies protected under this chapter include:

Where uncertainty exists as to the boundaries shown on the Watershed Map, the following shall apply:

Disposal of hazardous material or solid waste.

Treatment of hazardous material, except remediation programs authorized by a government agency for treating hazardous material that existed on the site prior to the adoption of this land use law.

The creation or manufacturing of any hazardous materials.

Dry cleaning, dyeing, printing, photo processing, and any other business that stores, uses, or disposes of hazardous material, unless all facilities and equipment are designed and operated to prevent the release or discharge of hazardous material.

Disposal of septage or septic sludge.

Automobile service and gas filling stations.

New underground storage of petroleum.

Petroleum product pipelines.

Solar farms.

Vehicle storage yards/truck terminals.

Contractor's yards.

The bulk storage of de-icing salt, except in municipally approved impervious structures.

Installation of dams, water diversions, and stream channelization except undertaken directly in relationship to drinking water resources.

Clearing of more than 30,000 square feet of vegetation without a site plan approval.

Landfill of domestic, industrial, construction and demolition, or hazardous materials.

Junkyards.

Land spreading of sludge or ash, including domestic wastewater or waste industrial process material, except for ash from individual residential heating equipment.

New dry wells directly connected to any floor drain, garage drain, wash basin or sink.

New fuel storage facilities in any amount greater than 660 gallons.

Commercial trash containers and dumpsters which are not under a roof or which are located so that leachate from the receptacle could escape unfiltered and untreated.

Any mining activities, including consolidated and solution mining activities, unless permitted by the New York State Department of Environmental Conservation.

Point source discharges, other than discharges authorized by permits issued by the New York State Department of Environmental Conservation.

Tier 3 battery energy storage systems.

All construction activities (as defined by the agency having approving jurisdiction) that involve soil disturbances greater than 5,000 square feet shall comply with the New York State Department of Environmental Conservation (NYSDEC) Stormwater Manual dated 2014. All construction activities shall be required to meet the standards set forth in the SPDES general permit for construction activities that involve soil disturbances greater than 5,000 square feet, and all stormwater pollution prevention plans shall meet water quantity and quality controls for all new impervious surfaces as outlined below.

Any new construction activity which creates new impervious surfaces greater than 1,000 square feet shall be treated for water quality volume (WQv), peak flows (cfs) and volume (cf) as outlined in the New York State Department of Environmental Conservation (NYSDEC) Stormwater Management Design Manual, latest edition, and Chapter 262, Stormwater Management and Erosion and Sediment Control, of the Town of Cortlandt Town Code, and include enhanced requirements for pollutants of concern as outlined and incorporated in the Stormwater Management Design Manual, latest edition.

Low-impact development (LID) practices shall be provided to the extent feasible for all new or redevelopment within the watershed, including the use of bioretention facilities, rain gardens, vegetated rooftops, rainwater harvesting, and permeable pavements.

Pollutant loadings will not damage any wetland, water body or watercourse.

Grading and removal of vegetation is minimized for all construction.

Septic systems must be pumped at least once during every three-year period.

The storage and stockpiling of manure and other animal waste for use in agricultural operations, agricultural use of fertilizers and land application of manure, and pesticide (including herbicide) storage and use shall comply, to the maximum extent possible, with the practices detailed in the most current versions of "Controlling Agricultural Nonpoint Source Water Pollution in New York State - A Guide to the Selection of Best Management Practices to Protect Water Quality," published by the Bureau of Technical Services and Research, Division of Water, or "Agricultural Management Practices Catalogue for Nonpoint Source Pollution Prevention and Water Quality Protection in New York State."

Fertilizers, pesticides, and herbicides shall not be applied in a manner or at a rate which contributes to or causes a contravention of the water quality standards set forth in 6 NYCRR 700 to 705.

Pesticide storage and use (including herbicides) are subject to the approval of, and shall comply with the regulations of, the New York State Department of Environmental Conservation.

Disposal of pesticide, including herbicides, is prohibited unless authorized by a permit issued by the New York State Department of Environmental Conservation.

Disposal of water used for pesticide makeup water or for washing of pesticide equipment is prohibited unless authorized by a permit issued by the New York State Department of Environmental Conservation.

Use of streams as sources of water for the washing of equipment used in conjunction with pesticide or herbicide application is prohibited.

Lawn chemicals (pesticides and herbicides) shall not be applied within 25 linear feet of any watercourse, or within a wellhead buffer area.

Storage of chloride salts and coal shall be in structures designed to minimize contact with precipitation and constructed on low-permeability pads designed to control seepage and runoff.

Chloride salt application. De-icing chloride salt use is restricted to the minimum amount needed for public safety, as determined by the Town Highway Superintendent.

Any petroleum storage tank(s) installed or replaced after the effective date of this chapter must be aboveground or fully visible for inspection within the basement or other interior space, and secondary containment is required for all new tanks.

Development of wetlands, watercourses, water bodies and buffer areas are to be avoided except where no reasonable alternative exists or where the applicant would otherwise suffer undue hardship if a permit is not issued. In the event such development is approved, impacts shall be minimized to the greatest extent practicable, and a mitigation plan shall be prepared.

All applications for permits to disturb wetlands, watercourses, water bodies and buffer areas in the Indian Brook-Croton Gorge Inter-Municipal Watershed Protection Overlay District shall follow the requirements contained in Chapter 179, Freshwater Wetlands, Water Bodies and Watercourses, of the Town of Cortlandt Town Code unless a more stringent or restrictive requirement is listed in this section.

As a condition of the granting of any wetland permit within the Indian Brook-Croton Gorge Inter-Municipal Watershed Protection Overlay District, the approving authority shall require that the applicant submit a mitigation plan per the requirements listed in Chapter 179, Freshwater Wetlands, Water Bodies and Watercourses, of the Town of Cortlandt Town Code.

Within the Indian Brook-Croton Gorge Inter-Municipal Watershed Protection Overlay District, the applicant shall be required to create replacement wetlands or restore, recreate or enhance existing wetlands or wetland buffer areas equal to twice the area of wetland or wetland buffer directly impacted.

Within the Indian Brook-Croton Gorge Inter-Municipal Watershed Protection Overlay District, no disturbance within 150 feet of any wetlands, watercourses, or water bodies shall be permitted. Buffers shall be regulated as follows:

Special provisions. These special provisions apply to new development in previously developed areas where there is no available area for required buffer:

Construction activities within 200 feet of a wellhead are prohibited except those used for municipal water system purposes, such as pumping, treatment, and control facilities and equipment. Wellhead buffer areas shall not be used for any purpose other than municipal water supply, except when a permit has been issued by the Town Board for nonintrusive recreation uses, such as picnicking, nature study, fishing, or hiking. The wellhead buffer shall be posted prohibiting trespass for any purpose except as permitted in this subsection.

Buffers adjacent to stormwater hotspots (as defined above) shall extend 200 feet horizontally away from hotspot source.

Compliance orders. The Director of Code Enforcement/Town Engineer/Building Inspector is authorized to order, in writing, the remedying of any condition or activity found to exist in, on or about any building, structure, or premises in violation of this chapter. Upon finding that any such condition or activity exists, the Director of Code Enforcement/Town Engineer/Building Inspector shall issue a compliance order.

The Department of Code Enforcement shall cause the compliance order, or a copy thereof, to be served on the owner of the affected property personally or by registered mail. The Department of Code Enforcement shall be permitted, but not required, to cause the compliance order, or a copy thereof, to be served on any builder, architect, tenant, contractor, subcontractor, construction superintendent, or their agents, or any other person taking part or assisting in work being performed at the affected property personally or by certified mail; provided, however, that failure to serve any person mentioned in this sentence shall not affect the efficacy of the compliance order.

Fines. The person who violates any provision of this chapter shall be liable for a civil penalty of not more than $250 for each day or part thereof during which such violation shall be continued.

Alternatively, or in addition to any action to recover civil penalties provided by Subsection K(1), the Town Attorney may institute any appropriate action or proceedings to prevent, restrain, enjoin, correct or abate any violation of or to enforce any provision of this chapter.

The Cortlandt Boulevard Area is particularly suited for the desired type of walkable, mixed-use development in part because the existing municipal sewer infrastructure has capacity to accommodate additional development, it is a key transportation corridor in town, and it already contains an existing sidewalk network.

The Downtown Neighborhood Overlay District begins to implement this comprehensive plan strategy in certain areas along the Route 6 corridor by allowing for the inclusion of residential uses as-of-right to create the desired mix of uses, along with site layout and design requirements to encourage the transformation of this auto-oriented commercial area into a walkable neighborhood.

Create a walkable, pedestrian-oriented neighborhood where the design of buildings, streets and amenities naturally encourages residents and visitors to "park once and walk around."

Encourage infill and redevelopment approaches that provide an engaging public realm to transform this area of auto-oriented shopping plazas and large parking lots into a walkable and bicycle-friendly neighborhood with a sense of place.

Promote the idea of a well-balanced neighborhood where residents can live, work, and shop all in close proximity, making it easier to drive less and reduce road congestion and air pollution.

Provide additional housing opportunities to create the necessary critical mass of residents that will form a basis of economic support for the creation of a successful neighborhood center.

Create an interconnected network of streets to better distribute traffic via a grid of secondary roads beyond Route 6, allowing for multiple route options to get to the same place. The grid should be made up of shorter block lengths, narrower street widths, and on-street parking to promote walking and bicycling.

Locate buildings close to the sidewalk, with parking areas to the rear or side, to minimize the visual impact of large areas of asphalt.

Incorporate placemaking design principles to transform the area from a collection of auto-oriented shopping plazas into a true neighborhood with a sense of place; include wide sidewalks, abundant street trees, pedestrian-scale lighting, buildings pulled up to the sidewalk, pocket parks, on-street parking, and an interconnected street grid.

Accommodate the automobile while also de-emphasizing its presence through the incorporation of rear parking lots located behind buildings, narrower travel lanes, and strategically sited on-street parking.

Enhance public health by encouraging development practices that are consistent with the Town's desire to create a more sustainable and energy efficient community by incorporating green building measures into the design, construction, and maintenance of buildings to minimize short- and long-term negative impacts on the environment.

This zoning is intended to be flexible enough to support both incremental and large-scale redevelopment opportunities.

Permitted uses. In addition to the uses permitted in the underlying zoning district in force at the time of application to the Planning Board, the following use is permitted as-of-right in the DNO:

Central sewer and water infrastructure. Any lot within the overlay that is redeveloped to include multifamily dwellings must be part of the existing water and sanitary sewer district(s), or under common ownership with and contiguous to other lots within the DNO and water/sewer district(s).

Bulk regulations. The following modified bulk regulations apply to all buildings on the lot where the building contains multifamily residential. In all other instances or where noted below, the bulk regulations of the underlying district remain in force.:

Design principles. Where multifamily residential is developed either exclusively or as part of a mixed-use project within this overlay, the following design principles apply: