Putnam Valley City Zoning Code
ARTICLE IV
Special Provisions for Residential Districts
§ 165-16 Development approval plan.
A.
Purpose and intent. The purpose and intent of this section is to ensure that development in residential districts is consistent with the policies of the Master Plan, generally furthers the orderly, efficient and economical development of the Town and ensures that subdivisions are designed so as to be safe for building purposes without danger to health, safety and welfare. Such development plans in residentially zoned districts shall provide for drainage, water, sewage and the necessary infrastructure; protect environmental features, such as water bodies, watershed areas, flora and fauna, scenic views and other natural resources; ensure that proposed access to and from the site conforms to Town goals and is compatible with existing and future development in the area; ensure that access and drives are of such width, grade and location to accommodate existing and future traffic patterns; facilitate fire protection and provide access to emergency vehicles and firefighting equipment to buildings; and ensure that open spaces are reserved for recreational and public use. This section is also intended to ensure that development is designed to harmonize with the neighborhood, to accomplish a transition of character between areas of unlike character to protect property values and to preserve and enhance the appearance and beauty of the community and to avoid an adverse impact on adjacent land uses.
B.
Applicability of regulations. Where a development approval plan is required by this section, no site shall be disturbed (including, but not limited to, removal of trees), and no building permit or certificate of occupancy shall issue until such a plan has been reviewed and approved by the Planning Board. No certificate of occupancy shall be issued for such premises until all of the requirements of the Planning Board's approval, including any conditions attached thereto, have been met. A development approval plan is required for any proposed use, change in use of land, buildings and other structures, or for determining an "envelope" in which construction and/or site development may occur. A development approval plan shall be required for the following actions:
[Amended 10-22-2003 by L.L. No. 8-2003]
(1)
Any subdivision in the PD (Preservation District), CD (Conservation District), R-3 (Low Density Residence District), R-2 (Moderate Density Residence District), R-1 (Medium Density Residence District) and LP (Lake Peekskill Residence District).
(2)
(3)
Any development or improvement in the PD (Preservation District) or CD (Conservation District), including alterations of any kind to accessory uses and/or change(s) or expansion of any existing use, including alteration of land, but excepting therefrom:
[Amended 8-13-2003]
C.
Application procedures.
(1)
Application requirements.
(a)
Applications for a development approval plan shall be presented to the Planning Board at least three weeks prior to a public meeting and shall be accompanied by appropriate fees and a sketch plan including the following:
[1]
A location map, at a scale of one inch equals 1,000 feet showing the applicant's entire property and all easements and streets and existing structures within 200 feet of the applicant's property. The location shall include the names of owners of record for all parcels within 200 feet.
[2]
The proposed location, size and use of all buildings and structures, at a scale of one inch equals 50 feet.
[3]
Any proposed division of buildings into units of separate occupancy.
(b)
In the event that the proposal does not conform in some way with the zoning regulations, the application shall be denied by the Planning Board and the applicant may seek relief from the Zoning Board of Appeals. After receiving sketch plan approval, the applicant shall present a detailed site plan prepared by a qualified individual or firm, including a registered architect, professional engineer, landscape architect or professional planner, and shall contain at least the following information:
[1]
Existing topography and proposed grade elevations of the project area at a contour interval of not more than two feet, unless otherwise specified by the Planning Board.
[2]
Soil types using data available from the Soil Conservation Service or, if required by the Planning Board, a detailed on-site soil analysis.
[3]
The location, size and function of local and New York State Department of Environmental Conservation (NYSDEC) designated wetland areas, lakes, ponds, streams and other natural drainage features.
[4]
One-hundred-year floodplain areas and/or other drainage or flood areas as specified by the Planning Board.
[5]
Terrain with slopes that fall within 15% to 20% and slopes in excess of 20%.
[6]
A tree plan pursuant to Article VA of this chapter.
[Amended 10-22-2003 by L.L. No. 8-2003]
[7]
The location and capacity or number of all existing and proposed roads, paper roads, parking and loading areas, including access and egress drives.
[8]
The location, description and design of all existing and proposed site improvements, including pavements, walks, curbing, drains, culverts, retaining walls and fences, parks, open space and recreation facilities, stone walls and other stone structures.
[9]
A description of the method of sewage disposal and location of such facilities.
[10]
A description and the location of all existing and proposed water supply facilities, including wells, casings, pumps, mains, hydrants and storage tanks.
[11]
The location, height, design and size of all temporary and permanent signs.
[12]
Identification of proposed landscaping and buffer screening areas, including a landscape plan, and species and quantities of existing and proposed vegetation.
[13]
The location and design of lighting and security features.
[14]
The location and character of all power distribution and transmission lines.
[15]
The location and description of all subsurface site improvements and facilities.
[16]
A grading plan showing before and after contours. The site plan should also show the extent and amount of cut and fill for all disturbed areas, including before and after profiles of typical development areas, parking lots and roads and the disposition of any cut and fill in excess of 500 cubic yards. The grading plan shall include an erosion control plan during and after construction.
[17]
All stormwater retention/detention facilities. Adequate provisions for the handling of stormwater runoff should be made to include retention/detention, piping or channeling to existing drainage systems during and after construction.
[18]
At the request of the Planning Board, any other pertinent information as may be necessary to determine and provide for the proper enforcement of specific provisions of this section shall be provided.
[19]
The Planning Board may also require a long environmental assessment form and/or other pertinent information.
[20]
Compliance with Chapter 155, Soil Erosion and Sediment Control, of the Code of the Town of Putnam Valley.
[21]
Sight distances shall be measured and included on all plans in accordance with the current American Association of State Highway and Transportation Officials (AASHTO) standards.
[Added 12-14-2022 by L.L. No. 10-2022]
(2)
Approval process.
(a)
The Planning Board shall schedule and conduct a public hearing on a development approval plan application within 62 days after receipt of all items required and the recommendations of the following, if required:
[1]
Putnam County Planning Department.
[2]
Putnam County Health Department.
[3]
New York State Health Department.
[4]
Putnam Valley Commission for the Conservation of the Environment.
[5]
Putnam Valley Highway Department.
[6]
Putnam Valley Town Emergency Services.
[7]
Putnam County Department of Highways and Facilities.
[8]
Putnam County Soil and Water Conservation District.
[9]
Other pertinent agencies.
(b)
Within 62 days of the date of the close of the public hearing, the Planning Board shall act to approve, disapprove or approve with conditions the plan application.
(c)
Revisions or amendments.
[Amended 10-15-2008 by L.L. No. 6-2008]
[1]
Except as provided in Subsection C(2)(c)[2] hereof, revisions or amendments to an approved plan shall be acted upon in the same manner as the application for approval of the original plan.
[2]
Minor revisions.
[a]
Minor revisions to an approved plan, necessitated by field conditions experienced during the course of construction, which were not or could not reasonably have been anticipated during the original approval process and which, if executed, will not materially affect the approval plan from a visual or operational standpoint, and which will not adversely impact the community or the environment, may be approved by the Town Engineer in consultation with the Code Enforcement Officer, Highway Superintendent, Town Attorney, Town Planner, and Town Wetlands Inspector, as applicable.
[b]
All requests for minor revisions to an approved plan pursuant to Subsection C(2)(c)[2][a] hereof shall be made to the Planning Board, in writing, and shall be accompanied by a drawing and referred by said Board to the Town Engineer.
[c]
All minor revisions approved by the Town Engineer shall be made in writing and shall be filed in the Office of the Planning Board.
[d]
Upon receipt of a referral from the Planning Board pursuant to Subsection C(2)(c)[2][b] hereof, the Town Engineer may determine that the proposed revision is not minor and shall refer same back to the Planning Board for the filing of a formal application to amend the approved plan.
[e]
Minor revisions contemplated under this Subsection C(2)(c)[2] include, by way of example, the following:
(3)
Security. A cash bond, letter of credit or other security in a form approved by the Town Attorney, and in an amount determined by the Planning Board, shall be submitted by the applicant before the development approval plan is signed by the Planning Board Chairman or Secretary. The bond shall cover the full cost of the improvements required by the Planning Board and shall ensure the Town of Putnam Valley that the applicant will conform to the approved development approval plan and applicable regulations. The bond shall be an escalating bond, and the face value shall escalate as follows: 125% of the actual cost of improvements in the first year, 150% of the original cost of improvements in the second year. Prior to the end of the two-year period, the Planning Board shall review the work remaining to be done and revise the amount of the security. The revision of the amount shall follow the same procedure adopted for the original security. Should a portion of the work be done during the first two years to the satisfaction of the town, the Planning Board shall recommend to the Town Board, upon request by the applicant, that the amount of the security be reduced. The amount of reduction shall be based on the original cost breakdown approved by the Planning Board at the time of the initial development plan approval.
(4)
Engineering/inspection fee. An engineering/inspection fee equal to 5% of the estimated cost of the improvements, required by the Planning Board as a condition of the development approval plan, shall be submitted in the form of a certified check. The Planning Board may waive the above fee if and to the extent that the Town’s actual inspection fees, including but not limited to engineering, planning, wetlands and/or environmental, are paid from an escrow account funded by the development approval plan applicant.
[Amended 5-20-2009 by L.L. No. 3-2009]
(5)
Duration of approval. The approved development approval plan shall be valid for a period of 18 months after the development approval plan has been signed by the Chairman or Secretary of the Planning Board and may be extended once by the Planning Board for a period not to exceed six months. After 24 months, if an extension has been approved, but before 36 months after the development approval plan has been signed and prior to the issuance of a building permit, the Code Enforcement Officer shall reaffirm that conditions of the approval have not changed. If in the opinion of the Code Enforcement Officer site conditions have changed, or the conditions of approval are no longer relevant, the development plan shall be referred to the Planning Board for review. After 36 months after the development approval plan has been signed, the development approval plan (or, in the case of a subdivision, the portion of the development approval plan relating to the lot in question), or the portions of the development approval plan for lots for which a building permit has not been issued) shall be deemed to have expired. No building permits may be issued for lots for which the development approval plan has expired.
[Amended 6-26-2002 by L.L. No. 7-2002]
§ 165-17 Clustered residential development plans.
A.
Purpose and intent. For the purpose of promoting the health, safety and general welfare of the Town of Putnam Valley and to preserve and make available open space, and in accordance with the procedures, standards and conditions hereinafter specified, the Planning Board may, in approving a subdivision plat under Chapter 158, Subdivision of Land, of the Code of the Town of Putnam Valley, permit clustered subdivisions as authorized by § 278 of the Town Law of New York State. Clustered subdivisions are designed to permit flexibility in layout, lot size and bulk requirements in order to preserve open space resources and to increase the efficiency of road and utility services without increasing the density of the base zoning district. All requirements of this section are in addition to other requirements applicable in the district in which the subdivision is to be relocated.
[Amended 4-15-1998 by L.L. No. 5-1998]
B.
Applicability.
(1)
Applicants have the option to propose cluster development for the Planning Board's overview which shall be based on the density permitted in a particular zoning district. The Planning Board may approve a cluster development, if it has determined that a cluster subdivision is to be preferred to a conventional subdivision layout.
(2)
If the land lies within an Environmental Management District, or other environmentally, visually or historically significant resources, including but not limited to wetlands, steep slopes, watersheds, stream corridors, ridgelines, erosive soils or scenic landscapes, would be adversely affected by a conventional subdivision layout, the Planning Board may require an applicant for subdivision approval to apply for a clustered subdivision under this section in order to protect these resources from adverse impacts.
C.
Application procedures. Application for a clustered subdivision shall be submitted to the Planning Board with appropriate forms and fees. The application shall be accompanied by the following:
(1)
A standard subdivision plan, meeting the requirements for a preliminary layout under the subdivision regulations and conforming in all respects to said regulations and the regular provisions of the base zoning district and any applicable overlay district.
(2)
A modified subdivision sketch plan showing a clustered subdivision in accordance with this section.
(3)
The Planning Board may request the submission of such additional information as it deems necessary in order to decide on the application.
D.
Preliminary review. The Planning Board shall first review the standard plan and after concept approval by the Putnam County Health Department, and by resolution, determine the number of lots that constitute a reasonable subdivision of the land. The applicant shall then submit a clustered subdivision plan meeting the requirements for a preliminary layout under the subdivision regulations. The Planning Board shall review, taking into account, among other factors, the suitability of the plans, administrative methods for water supply and sewage disposal, the location and suitability of proposed open space land and the proposed ownership and administrative methods to assure proper maintenance thereof and the effect of the clustered subdivision on the neighborhood. The Planning Board may then approve the application in the same manner as any preliminary layout submitted under the subdivision regulations. This shall constitute preliminary approval of the clustered layout.
E.
Final action. The Planning Board shall act on the clustered subdivision plan in the same manner as required for action on subdivision plans under the subdivision regulations.
F.
Development standards. The clustered subdivision shall conform to the following standards:
(1)
Minimum site area. The area covered by the application, excluding existing roads, shall consist of a minimum fifteen-acre parcel.
(2)
Minimum lot area. Each lot, except land reserved for open space purposes, shall have a minimum lot size of 2/3 acre if there is a community sewer or water system and one acre if the development is reliant on individual septic and water systems.
(3)
Minimum lot width. The minimum lot width shall be 100 feet along the building line.
(4)
Maximum building coverage. The maximum building coverage shall be 15% of the lot area.
(5)
Maximum site development coverage (total coverage by impervious surfaces). The maximum site development coverage shall be 35%.
(6)
Maximum building height. The maximum building height shall be 21/2 stories or 35 feet, whichever is less.
(7)
Minimum front and rear setbacks. The minimum front and rear setback shall be no less than 50 feet from the lot line.
(8)
Minimum side yard setbacks. The minimum side yard setbacks shall not be less than 25 feet, zero lot line excepted.
(10)
Water and sewer facilities. Unless served by central water and sewer facilities, no residential lot may be created without a finding by the Planning Board that, based upon sufficient information on soils, geology, hydrology and/or technology, the installation of an on-site well, community well, septic disposal system or community wastewater treatment system would not be likely to have an adverse impact upon the surrounding groundwater or surface water quality or supply and that there is a sufficient area of suitable soils for future extension or replacement of initial systems.
(11)
Recreation and open space. Each clustered subdivision shall result in preservation of land for park, recreation, conservation or other open space purposes as follows:
(a)
The open space shall have access, shape, dimensions, character, location and topography suitable for the purpose intended as approved by the Planning Board.
(b)
The open space shall be shown on the site plan and shall be labeled in a manner to indicate that such land is not to be platted for building lots and is permanently reserved for open space purposes.
(c)
The open space shall be owned in common by a homeowners' association. The Planning Board shall assure that proper provision has been made for ownership and maintenance of the open space.
(d)
In the CD, R-3, R-2, R-1 and LP Districts, the area of open space shall consist of not less than 30% of the area of the tract to be subdivided. A minimum of 1/3 of the land to be dedicated for open space purposes shall be considered usable for the specific purpose intended, as determined by the Planning Board. Any improvement within the open space shall require development plan approval by the Planning Board. Buffer zones along property lines shall be included as part of the requirement for open space set aside in perpetuity.
(12)
Additional regulations.
(a)
Each lot containing eight dwelling units shall be held in fee simple ownership.
(b)
The balance of the land not contained in the lots or within the road rights-of-way shall be continuous and of such condition, size and shape as to be usable for recreation. Such land shall be held by the homeowners' association with ownership limited to the owners of the family units in proportion to the number of family units actually owned within the development, and the developer shall incorporate into the deeds of all property within the development a covenant running with the land giving to the owners an interest in such open land which shall be used for recreational purposes only or else in a natural state. No structure, save those incidental to the recreational use, shall be permitted thereon.
(c)
Each deed shall show that at no future time may the open space be subdivided, sold or leased. The homeowners' association shall be responsible for liability insurance, local taxes and the maintenance of recreational and other facilities. Homeowners must pay their proportionate share of these costs. Unpaid assessments levied by the homeowners' association shall become a lien upon the family unit property of the delinquent homeowner, who shall bear the costs of recovery of unpaid assessments and interest on the unpaid sum.
(d)
The right-of-way and pavement widths for internal roads serving the development shall conform to street and highway construction and layout standards adopted by the town.
(e)
Buffers shall be designed to substantially limit the visibility of the development from outside the project area and shall include areas left essentially in their natural state. No parking, loading or accessory buildings in a buffer zone shall be visible from a perimeter road with the exception of preexisting buildings; a gate or security house with a maximum floor area of 125 square feet and a height of 15 feet; and required utility structures designed to service the proposed development.
(f)
Significant ecological features, such as trees and stands of trees of significant size or character, and streams and wetlands shall be preserved and incorporated into the landscaping of the development to the maximum extent possible.
(g)
Significant topographical features, such as steep slopes, large rock outcrops and stone walls, and root cellars shall be preserved to the maximum extent possible.
(h)
If development is planned in stages, it must receive preliminary approval for the entire project. Final approval for each stage may be granted individually.
§ 165-18 Mixed use residential-office.
Where mixed residential and office uses in single buildings are permitted, there shall be no dwelling units on the first floor of such building. Furthermore, the building and site must be adequate to accommodate the off-street parking, traffic and other special demands imposed by both uses.
§ 165-19 Multifamily residential.
A.
Standards to be met. The following standards shall be met in a multifamily development:
(1)
The minimum lot area shall be five buildable acres with a maximum density of eight dwelling units per buildable acre and with a maximum number of 100 dwelling units per project.
(2)
Each multifamily project shall have adequate frontage on a public road to provide two means of ingress to and egress from the project, separated by no less than 100 feet and in no case shall such project have less than 200 feet of frontage on an existing public road.
(4)
The yard requirements for principal and accessory uses may be increased, and fencing or landscape screening may be required, at the discretion of the Planning Board.
(5)
The maximum lot coverage for all structures on the parcel shall be 25%.
(6)
The maximum building height shall be 21/2 stories or 35 feet, whichever is less.
(7)
No building shall be more than 100 feet in length on any facade nor have more than 10 dwelling units in a single structure.
(8)
The project shall comply with all regulations as set forth in the Multiple Residence Law of the State of New York.
B.
Permitted uses. The following uses are permitted in a multifamily development:
(1)
Principal uses: multifamily dwellings.
(2)
Accessory uses:
(a)
Recreation areas and facilities.
(b)
Pump house, garden house, gatehouse, greenhouse, toolhouse, refuse and recycling storage, storage building and other similar uses incidental to the residential use of the premises, and provided that any such structure complies with all setback requirements, except that a gatehouse may be located within the front yard setback at least 25 feet from the front property line.
(c)
Off-street parking facilities and private garages and carports for storage of motor vehicles used by residents and their guests.
C.
Density requirements. The minimum gross land area per dwelling unit in a multifamily development shall be in accordance with the following schedule:
Land Area (square feet) | Type of Dwelling Unit | |
|---|---|---|
4,000 | Studio or efficiency apartment | |
6,000 | One-bedroom apartment | |
8,000 | Two-bedroom apartment | |
10,000 | Three-bedroom apartment |
D.
Development requirements for dwelling units. The maximum floor area per dwelling unit shall be as follows:
Floor Area1 (square feet) | Type of Dwelling Unit | |
|---|---|---|
600 | Studio or efficiency apartment | |
800 | One-bedroom apartment | |
1,200 | Two-bedroom apartment | |
1,400 | Three-bedroom apartment |
NOTES: | |
1Floor area shall not include crawl spaces, cellars, attics and basements, none of which may ever be converted into apartments or become living space. |
E.
Development requirements for common land and community facilities.
(1)
Open space.
(a)
A minimum of 40% of the entire site shall be designated as open space. The open space shall include:
[1]
A recreation area to be designed, improved and maintained for the exclusive use of the residents of the development and their guests. The recreation area shall contain at least 200 square feet of lot area per dwelling unit. The plan for the recreation area shall be subject to the Planning Board's approval as to design and adequacy, taking into consideration the size of the development and the anticipated occupancy of the units.
[2]
Each principal dwelling unit shall be provided with a private outdoor space in the form of a patio, terrace, garden, deck or balcony. This space shall be immediately adjoining and directly accessible to the dwelling unit which it serves.
[3]
All portions of any multifamily development which are not used for one or more of the purposes permitted above shall either be landscaped or preserved in their natural state, in accordance with plans approved by the Planning Board.
(b)
Open space and recreation areas shall encompass land having meaningful ecological, aesthetic and recreational characteristics with access, shape, drainage, location, topography and extent of improvements suitable for the intended purposes.
(c)
At the discretion of the Planning Board, a per-dwelling-unit recreation fee may be required in lieu of or in addition to improved recreation areas, according to the schedule of fees adopted by annual resolution of the Town Board.
(d)
Each deed shall contain a covenant, running with the land, stating that at no future time shall the open space or recreation areas be subdivided, separately sold or leased.
(2)
Road and drainage specifications.
(a)
Road and drainage specifications shall conform to the requirements of Article II, Construction Specifications, of Chapter 103, Streets and Sidewalks, of the Code of the Town of Putnam Valley. Stricter criteria may be specified by the Planning Board, the Town Superintendent of Highways, and/or the Town Planner/Engineer, although the intent of this section is not to have the roads dedicated to the Town.
(b)
The roads shall be maintained by the developer/owners or by a homeowners' association.
(3)
All utilities within any multifamily development, including electric, telephone, natural gas and cable television, shall be placed underground.
(4)
Each multifamily development shall be provided with a central water system to be approved by the County and State Health Departments and any other such agency having jurisdiction.
(5)
The sewage disposal system in a multifamily development shall be an individual or a central system depending upon the determination of the Planning Board, based upon the requirements of the County Health Department.
(6)
All site plans for multifamily development shall provide proper access for fire-fighting equipment and personnel and shall provide hydrants in such number and location and with such water pressure as may be determined adequate and approved by the Planning Board, based upon recommendations by the Town Planner/Engineer and the Putnam Valley Volunteer Fire Department.
(7)
Where a cable television system is not to be installed, a central radio-television antenna system shall be provided for each multifamily development with a maximum structure height of 20 feet above the maximum building height within each project, except in the case of a satellite dish antenna which shall be on the ground. Separate exterior antennas for individual dwellings are prohibited.
F.
Responsibility for maintenance of common land and community facilities.
(1)
The permanent preservation, maintenance, repair and improvement of the community facilities enumerated in Subsection E of this section shall be legally assured, to the satisfaction of the Town Board and the Town Attorney, by the filing of appropriate covenants, deed restrictions, easements and other agreements.
(2)
Except for development comprised solely of rental units, ownership of such community facilities shall be divided among all property owners according to a formula of shares approved by the Planning Board. A homeowners' association, in which membership shall be mandatory for all owners in the development, shall be incorporated and shall be responsible for preservation, maintenance, repairs and improvement of community facilities, liability insurance, local taxes and user charges. Such association shall be empowered to levy assessments against property owners for unpaid charges and assessments. Homeowners who do not pay charges or assessments shall bear the cost of recovery of unpaid assessments and interest on the unpaid amount, plus reasonable attorney fees.
G.
Site development plan. The applicant for development plan approval for a multifamily development shall file with the Planning Board an application fee in accordance with the schedule of fees adopted annually by resolution of the Town Board. No grading permit or building permit shall be applied for until development plan approval has been granted by the Planning Board in accordance with the procedures contained in § 165-16B of this article. The Planning Board may grant site development plan approval in sections. However, the entire water supply system, all sewage disposal facilities, all utilities and recreational facilities, including required access roads, shall be completed as part of the first section. No certificate of occupancy shall be issued until the Town Planner/Engineer, the Code Enforcement Officer and the Superintendent of Highways concur that the above-mentioned items, including access roads to the dwelling units in the first section, have been satisfactorily completed in accordance with the development plan approved by the Planning Board.
§ 165-20 Waiver or amendment of development approval plan submission requirements. [1]
[Added 10-7-2020 by L.L. No. 2-2020]
The Planning Board shall have the right to waive or amend the submission requirements of § 165-16C(2)(a) and (b) concerning a development approval plan for any applicant, upon a vote of a majority plus one of the total Board, if, in its opinion, the best interests of all concerned will be served.
[1]
Editor's Note: Former § 165-20, Senior citizen residential, was repealed 6-5-2002 by L.L. No. 3-2002.