Ramapo City Zoning Code
ARTICLE XII
Special Permit Standards - Planning Board
§ 376-120 General conditions.
Prior to approving any special permit, the Planning Board shall determine the conformity of such use and the proposed development therefor with conditions and standards as set forth in this chapter, including the conditions and standards as set forth for site development plans. The Planning Board may adopt additional rules and regulations pursuant to § 376-190 of this chapter. Conditions prerequisite to approval of such uses are of a general and specific nature. In various provisions of this chapter, specific standards are enumerated for certain uses, which standards shall be the minimum conditions for such use. The general conditions and standards for special permit approval are as follows:
A.
The proposed use shall be of such location, size and character that it will be in harmony with the appropriate and orderly development of the district in which it is proposed to be situated and not be detrimental to the site or adjacent properties in accordance with the zoning classification of such properties.
B.
The location and size of such use, the nature and intensity of operations involved in or conducted in connection therewith, its site layout and its relation to access streets shall be such that both pedestrian and vehicular traffic to and from the use and the assembly of persons in connection therewith will not be hazardous.
C.
The location and height of buildings, the location, nature and height of walls and fences and the nature and extent of landscaping on the site shall be such that the use will not hinder or discourage the development and use of adjacent land and buildings.
D.
The proposed use will not require such additional public facilities or services, or create such fiscal burdens upon the Town greater than those which characterize uses permitted by right.
E.
As a condition of all special permits, right of entry for inspection with reasonable notice shall be provided for to determine compliance with the conditions of said permit.
F.
As a condition of all special permits, a time limitation may be imposed.
G.
In addition to the general standards for special permits as set forth above, the approving board may, as a condition of approval of any such use, establish any other additional standards, conditions and requirements, including a limitation on hours of operation, as it may deem necessary or appropriate to promote the public health, safety and welfare and to otherwise implement the intent of this chapter.
§ 376-121 Dormitories.
Dormitories are permitted only as accessory uses to schools of general or religious instruction, subject to the following supplemental requirements:
A.
Institutional use dormitory.
[Amended 6-14-2006 by L.L. No. 4-2006]
(1)
A dormitory is permitted as a freestanding building on a lot which also contains a building utilized as a school or a portion of a building used for a school. The number of student residents may not exceed the occupancy permitted in the school.
(2)
The minimum distance between any dormitory and any interior driveway shall be 25 feet.
(3)
The maximum height of any dormitory shall be three stories and 40 feet.
(4)
No dormitory or dwelling unit shall be permitted in any nonhabitable space.
(5)
All dormitories shall be equipped with sprinkler, fire alarm and carbon monoxide systems in accordance with Chapter 144, Fire Prevention.
(6)
A minimum buffer of 25 feet shall be provided, except for the R-15A and R-15C Zoning Districts, where a minimum buffer of 15 feet shall be provided.
(7)
As a condition of the special permit, the Planning Board may require adequate screening and landscaping between the dormitory and any abutting residential use.
(8)
The minimum distance between a dormitory and any other building on the lot shall be equal to the height of the highest adjoining wall.
B.
Single use dormitory.
(1)
Such dormitory is permitted as the sole use on a lot, provided that it is accessory to a school of general or religious instruction located within 1,000 feet. The number of student residents may not exceed the occupancy permitted in the school.
[Amended 6-14-2006 by L.L. No. 4-2006]
(2)
The maximum height of any dormitory shall be 35 feet.
(3)
No dormitory room or dwelling unit shall be permitted in any nonhabitable space.
(4)
All dormitories shall be equipped with sprinkler and fire alarm systems in accordance with Chapter 144, Fire Prevention, of the Code of the Town of Ramapo.
(5)
As a condition of the special permit, the Planning Board may require adequate screening and landscaping between the dormitory and any abutting residential use.
(6)
The minimum distance between a dormitory and any other building on the lot shall be equal to the height of the highest adjoining wall.
(7)
Said dormitory is permitted only in the R-15A and R-15C Zoning Districts, and Use Group "x-1" shall apply, except that the FAR shall not exceed 0.75.
[Amended 6-14-2006 by L.L. No. 4-2006]
§ 376-122 Hotels.
[Amended 9-8-2014 by L.L. No. 8-2014]
A.
Hotel units shall not be used as apartments for nontransient tenants.
B.
Each hotel room shall have an area of at least 300 square feet. Each hotel unit shall have a bath facility with shower or bath, one toilet facility and sink.
C.
Each hotel shall have, within the building, a lobby for receiving guests of the hotel, and an office for hotel management.
D.
The following accessory uses shall be permitted:
(1)
One apartment with or without kitchen facilities for the use of the hotel manager or caretaker and his family within the hotel building.
(2)
One coffee shop for hotels with no more than 100 rooms. For hotels of over 100 rooms, a restaurant and a coffee shop are permitted. Such facilities shall be located within the hotel building.
(4)
Meeting and/or conference rooms.
(5)
A multilevel parking garage. If a multilevel parking garage is proposed, minimum required setbacks and yards shall be reduced by 50%.
(6)
For any downtown hotel, any retail uses allowed in the CS District may be located on the street level as accessory uses. No additional off-street parking shall be required for such accessory uses.
§ 376-123 Animal kennels.
The harboring, boarding or training of animals, except as otherwise provided in § 376-31, Use Table, whether enclosed in a structure or on open land and whether or not accessory to other principal uses of the land, shall be conducted in accordance with the following general standards:
A.
In issuing the special permit approval for animal kennels, the Planning Board shall stipulate the maximum number and type of animals to be boarded, harbored or trained. That number shall not exceed the quotient of 10,000 square feet of net lot area per 100 pounds of animal body weight characteristic of the species so harbored. The square footage of the net lot area is that area of the lot excluding the area of any required setbacks.
B.
In considering the application for a special permit for the animal kennel use, the Planning Board shall consider the number, size, breed and temperament of animals to be sheltered and impose reasonable conditions to protect proximate uses, aesthetic impact and safety of the animals sheltered in order to ensure the health, safety and general welfare of the community.
§ 376-124 Stables and riding academies.
A.
One stable stall shall be provided for each horse housed on the site, and there shall be no stabling of animals or storage or use of manure or other dust-producing substances within a distance of 200 feet of any lot line. If outdoor lighting is provided for riding areas, the applicable setbacks shall be doubled. All lighting shall be located so as not to be visible at the source from any adjoining property. Screening shall be required between such use and any other nonagricultural use.
B.
Public events, demonstrations, horse shows, rodeos and competitive events held in connection with riding academies or stables shall be considered principal uses for purposes of lot area and setback and shall conform to § 376-41, Bulk Table.
§ 376-125 Gasoline service stations.
Gasoline service stations are conditional uses in NS and CS Districts and subject to the restrictions as set forth in § 376-31, Use Table, as well as the following standards:
A.
Such establishments shall not be located closer than 200 feet from any residential district boundary line, school, hospital, nursing home or other similar institutional use.
B.
Access points shall be located a minimum of 100 feet from the intersection of the designated street lines. All accesses shall be defined by the use of concrete curbing and shall be designed to provide safe and convenient travel without the potential for backing vehicles into the public street.
C.
Pumps, pump islands and canopies are structures and shall not be located in any required yards or setbacks, except that the Planning Board may allow canopies to extend into the setback but not into any yard. No outdoor display of products not associated with the gasoline service station use shall be permitted.
D.
Screening. A ten-foot-wide landscaped area shall be provided along all gasoline service station property lines, excluding the front line, property lines adjacent to existing commercial uses and access points. The landscaped area shall be densely planted with a mixture of shrubs, trees and a fence, not less than six feet high, which will create an opaque screen. All landscaped areas along property lines which are crossed by access drives shall be planted with low shrubs no greater than three feet high and trees with a branching habit which begins at least eight feet above ground level. Furthermore, planting shall not interfere with the normal line of sight (350 feet in either direction) needed for safe entering and exiting maneuvers by motor vehicles.
E.
Maintenance and operation. Due to the extent of land use impacts from such stations which are a product of exterior operations, the following requirements shall be made and noted on the site plan:
(1)
All vehicles at gasoline service facilities, except for one tow truck, shall be stored within a building when the facilities are not open for business. However, licensed vehicles parked for minor repairs may be left outside for a period not to exceed 72 hours. At no time shall any unlicensed or dismantled automobiles, trucks, tractors, trailers or accessories thereof be outside of a building. No car, truck or trailer rentals shall be permitted.
(2)
There shall not be any outside storage or display of accessories or portable signs when gasoline service facilities are not open for business.
(3)
Rubbish, oil cans, tires, discarded motor vehicle parts and components and any other waste materials may be temporarily stored in a completely fenced-in opaque enclosure adjacent to the gasoline service station building. The area of such enclosure shall not exceed 200 square feet. There shall be no storage of any of the above-mentioned items out side of such enclosure.
(4)
No repair work may be performed out of doors. This does not preclude, however, adding oil to motor vehicles, changing windshield wipers or other similar simple repairs normally performed in conjunction with the sale of gasoline.
(5)
During the hours that a gasoline service station is open, all cars of employees and customers and tow trucks must be parked only in areas designated on the site development plan.
(6)
All landscaped areas designated on the gasoline service station site development plan and/or landscaping plan shall be maintained in a neat and healthy condition.
F.
Vehicle sales. The sale of used passenger vehicles is permitted as an accessory use. The sale of new vehicles and commercial vehicles is prohibited. No more than six vehicles may be offered for sale at any time. The display of the vehicles shall be determined by the Planning Board at time of site plan approval.
G.
Discontinuance of use. In the event a gasoline service station is abandoned, as determined by the Building Inspector, the owner, lessee and/or motor-fuel supplier of said gasoline service station shall immediately remove the tanks, gasoline pumps, all identification signs and lighting poles. In lieu of removing the tanks, said owner and/or lessee shall remove the flammable liquids therefrom and fill all tanks with water for a three-month period only and thereafter with a solid material. The owner and/or lessee shall also provide adequate protection against unlawful entry into the buildings and onto the property and shall close all vehicular entrances to the property to prevent the storage of abandoned vehicles thereon.
§ 376-126 Car washes.
Automobile washing facilities maybe permitted by the Planning Board as provided in § 376-31, Use Table, subject to the following requirements:
A.
Such establishments shall not be located closer than 200 feet to any residential district boundary line, school, hospital, nursing home or other similar institutional use.
B.
Each establishment shall provide parking/waiting areas equal in number to six times the maximum capacity. Four times the maximum capacity shall be provided for automobiles beyond the exit of the equipment so situated as to be usable for the hand finishing of the washing process and which shall be no closer than 50 feet to any street right-of-way line. A maximum capacity shall be determined by dividing the equipment line by 20 feet.
C.
Disposal of wash water shall be subject to approval by the Planning Board.
§ 376-127 Day camps and outdoor recreation facilities.
A.
The Planning Board may permit day camps and outdoor recreation facilities upon terms and conditions limiting the periods of operation.
(1)
Access to such facilities shall be limited to improved state, county or town roads shown as major roads on the Official Map. Such facilities shall be adequate to preclude the necessity of pedestrian traffic outside the approved facility, except for travel within a state or county park or parkway.
(2)
Day camps may include such structures as tent stands, cottages, and other accessory buildings, provided that no heating facilities are installed that permit residential year-round occupancy. Covenants precluding such occupancy shall be recorded in the County Clerk's office.
B.
Swimming pools shall be classified and located as follows:
Type of Pool (class) | Maximum Area (square feet) | Setback From Any Property Line (feet) | |
|---|---|---|---|
A | Over 3,600 | 200 | |
B | Over 2,600 | 176 | |
C | Over 1,600 | 160 | |
D | 1,600 or less | 100 |
C.
All recreational facilities shall comply with the minimum setback requirements of § 376-41, Bulk Table.
D.
Lighting. If outdoor lighting is provided for any of the recreational facilities, including swimming pools, which permits use of the facilities after 10:00 p.m., the applicable setback requirements for such facility shall be doubled. All lighting shall be located so as not to be visible at the source from any adjoining property.
E.
Noise. A public-address system or any other amplified noises are prohibited, except for emergency uses.
F.
Parking. All parking areas and spaces shall have dustless surfaces.
§ 376-128 Automobile sales and service.
Automobile sales and service agencies for the sale and servicing of new and used motor vehicles, accessories and customary accessory uses may be permitted, provided that such agencies are franchised dealers or factory-owned dealerships of new motor vehicles and that all operations are conducted from the same site and subject to the following requirements:
A.
No such facility shall be closer than 500 feet (measured along the designated street line) to any residential district boundary, institutional or nonprofit use or school of general instruction. Such use may be permitted within 100 feet of a residential district along a rear lot.
B.
The display area for vehicles shall not exceed 110 feet, extending between the front yard line and principal, building, and not more than 10 vehicle display spaces shall constitute a display group, with each group being separated by significant landscape elements.
C.
The lighting level shall not exceed three footcandles within a display area, and no banners, pennants and string flags are permitted. No signs, including numbers, prices or other advertising message, shall be displayed so as to be visible to the public right-of-way, except display window area pursuant to the site development plan rules and regulations.
D.
All motor vehicle storage, other than the display area and customer parking, shall be fully fenced and screened from the side and rear property lines. All other accessory uses, including servicing, shall be conducted within fully enclosed structures. Gasoline service, if provided, shall be located to the rear of the principal building. Oil and gasoline storage shall be solely in underground tanks.
E.
Where the use involves display or sales of recreational vehicles, with gross vehicle weight exceeding 5,000 pounds, or trucks and commercial vehicles, such as buses or tractors, the Planning Board shall increase the applicable yards by a factor computed, on the basis of the vehicle height divided by five feet six inches.
§ 376-129 Contractors' storage yards.
Contractors' storage yards may be permitted in the PI and CS Districts, subject to the following requirements:
A.
The Planning Board may require that all building materials, equipment and supplies be located within enclosed buildings or open sheds.
B.
Outdoor storage areas, if any, shall be limited to those specific locations and designated limits approved by the Planning Board. Such outdoor storage areas shall be heavily screened and landscaped from all street lines and lot lines, as may be required by the Planning Board.
C.
The Planning Board may require conformance with any requirements recommended by the Fire Department having jurisdiction. In no case shall the storage of any flammable materials be permitted within 150 feet of any lot line.
D.
The Planning Board may require conformance with any other necessary requirements in order to prevent a nuisance to neighboring properties by reason of dust, noise, odor or any other nuisance which the Planning Board feels will be associated with the intended use.
§ 376-1210 Drive-in restaurants.
A.
Location. No drive-in restaurant shall be located within 300 feet of any residential district, or of any lot line of a school or place of worship.
B.
Traffic impact. The Planning Board shall, in each individual case, consider the potential traffic impact of the proposed drive-in restaurant on the adjoining road system and on the parking areas affected. Where said Board determines that such traffic may have a significant, adverse impact, it may deny the application or it may require such reduction in scale or other modification of the size and nature of the proposed facility as, in the opinion of said Board, will be adequate to reduce the estimated impact to an acceptable level.
C.
Waste material. All waste material shall be stored in rodent proof containers which shall be kept in a screened or enclosed location and shall be removed from the premises each day, with the exception of Sundays and holidays.
§ 376-1211 Sales and showroom facilities in PI District.
Sales and showroom facilities may be permitted in the PI District subject to the following requirements:
A.
Sales and showroom facilities shall be permitted for products fabricated, processed, converted, altered or assembled on the premises or locations on the site in question or for wholesale and retail sales in connection with a wholesale or warehouse business.
B.
In addition to the off-street parking space required for the other uses allowed, off-street parking space shall be provided for the space allocated to sales and showroom facilities on the basis of one parking space for each 200 square feet devoted to such use. Such parking spaces shall be provided in areas convenient to the entrances to the sales and showroom facilities.
C.
Special loading and parking areas shall be provided for the sales and showroom facility space, which shall not coincide or conflict with off-street loading space required for the basic use of the premises.
§ 376-1212 Caretaker's cottage, servants quarters and guest houses.
Caretaker's cottage, servants quarters, guest houses or separate living quarters having a separate kitchen within a one-family residence may be permitted in the RR-80 and RR-160 Districts subject to the following requirements:
A.
Said uses must be on lots of four acres or more.
B.
Said uses must be accessory to a one-family residence.
C.
Guest houses cannot be utilized for rental purposes.
D.
Separate living quarters within a dwelling can only be located in a one-family residence having at least 3,000 square feet of living area.
§ 376-1213 Residential development in R-40A District.
Mixed lot size development of single-family residences in the R-40A District shall be permitted upon compliance with the following standards:
A.
Parcels to be subdivided must contain an area of at least 10 acres. If parcels contain less than 10 acres, they can only be developed in compliance with Use Group "m."
B.
Gross density of up to two units per acre.
C.
Lots ranging in area from 25,000 square feet to 34,999 square feet shall comply with the bulk regulations contained in Use Group "t."
D.
Lots ranging in an area from 35,000 square feet to 39,999 square feet shall comply with the bulk regulations contained in Use Group "q."
E.
Lots greater than 40,000 square feet shall comply with the bulk regulations contained in Use Group "m."
F.
The maximum lot size permitted shall not exceed 45,000 square feet.
G.
A one-hundred-fifty-foot buffer is required within which the size of the lots must be the same as the prevailing lot size of adjacent residential properties.
H.
A greenbelt of 40 feet is required where a proposed R-40A subdivision is located on a state or county road.
§ 376-1214 Wireless communication services facilities.
A.
These special regulations shall apply to all wireless communication services facilities.
B.
The purpose of these special regulations is to reasonably control the location, construction and maintenance of wireless communication services facilities in order to encourage the siting of wireless communication services facilities in nonresidential areas and, to the maximum extent practicable, to protect aesthetic impacts, the open space character of the Town of Ramapo, the property values of the community, the health and safety of citizen's ability to receive communication signals without interference from other communication providers, while not unreasonably limiting reception of receive-only antennas.
C.
Except as provided hereinafter, no wireless communication services facility shall be located, constructed or maintained on any lot, building, structure or land area in the Town of Ramapo, except in conformity with the requirements of this section and all other applicable regulations.
D.
A wireless communication services facility shall be located on a site with existing facilities. If, because of unreasonable technological, financial or structural limitations or unless otherwise waived, modified or required by the Planning Board for aesthetic, safety or other reasons, location on a site with existing facilities is not possible, such facility shall be located on a site with existing commercial or nonresidential uses before being located on any site that is used exclusively for residential purposes. Wherever possible, such facility shall be attached to an existing building or structure. To the maximum extent practicable, existing roadways shall be used to provide access to the site of a wireless communication services facility.
E.
The shared use of existing public utility facilities and wireless communication services facilities shall be strongly encouraged. The Town Building Department and the Director of Building, Planning and Zoning shall maintain an inventory of existing wireless communication services facilities (the "Existing Facilities Inventory") and a list of utilities that are obligated under the Federal Telecommunications Act of 1996 to provide wireless communication service carriers with nondiscriminatory access to their facilities.
(1)
Collocation shall be required unless it has been demonstrated to the satisfaction of the Planning Board that:
(a)
Adequate and reliable wireless communication service cannot be provided from any alternative sites identified on the Existing Facilities Inventory or other existing sites within the service area in a reasonably financially and technologically feasible manner consistent with the wireless communications service provider's system requirements;
(b)
None of the alternative sites identified on the Existing Facilities Inventory or other existing sites within the service area can accommodate the proposed wireless communication services facility with respect to structural or other engineering limitations, including frequency incompatibilities; or
(c)
The owner of the alternative sites identified on the Existing Facilities Inventory or other existing sites within the service area lawfully refuse to permit the applicant use of the site.
(2)
All new communication services facilities and premises shall be of proper size, location and design to accommodate collocation of other service providers' facilities, unless otherwise permitted by the Planning Board.
F.
The wireless communication services facility shall be located not less than twice the otherwise applicable setback requirements for principal structures for the district in which the property is located or the height of the facility, whichever shall be greater.
G.
No freestanding wireless communication services facility shall be permitted except for a monopole.
H.
Height limitations:
(1)
Notwithstanding the following height limitations, in no case shall a wireless communication services facility exceed the minimum height reasonably necessary to accomplish the purpose it is proposed to serve.
(2)
The height of any antennas, or other associated equipment, structurally mounted as part of a wireless communication services facility shall not exceed by more than 15 feet the highest point of the existing structure on which such antennas or equipment is affixed, except that where necessary to accommodate collocation, such height may be increased to a maximum of 40 feet.
(3)
The height of any freestanding wireless communication services facility shall not exceed 100 feet in height measured from the highest point of such facility to the existing finished grade elevation of the ground immediately adjacent to the structure.
I.
The applicant/provider shall prepare a visual impact assessment of the proposed wireless communication services facility based upon appropriate modeling, photography and other pertinent analytical techniques. Landscaping and/or other screening, including but not limited to architectural treatment, use of neutral or compatible coloring and materials or alternative technologies, shall be required to minimize the visual impact of such facility from pubic thoroughfares, important viewsheds and vantage points and surrounding properties to the extent practicable. No signs, other than signs not to exceed six square feet listing the owner's or operator's name and emergency telephone number, shall be erected on any wireless communication services facility.
J.
The wireless communication services facility shall not be artificially lighted unless otherwise required by the Federal Aviation Administration or other federal, state or local authority.
K.
Unless otherwise superseded by the Federal Communications Commission (FCC), the design and use of the proposed wireless communication services facility shall be certified to conform to the maximum NIER exposure standards promulgated by the FCC, as amended, including that the estimated or measured NIER from a proposed wireless communication services facility, when added to existing radio frequency electromagnetic radiation from existing sources, will not exceed the guidelines set forth in the applicable federal and state standards. Said certification shall include a report by a licensed professional engineer with expertise in radio communication facilities and/or health physicist acceptable to the Planning Board. The Planning Board shall require annual certification of conformance with the applicable emissions standards. Any violation of the emissions standards shall require immediate discontinuation and correction of the use responsible for the violation. Any such violation of these requirements of this chapter or the conditions of the special use-permit or site plan approval shall be deemed to be an offense punishable by fine and/or imprisonment in accordance with Article XIV of this chapter.
[Amended 6-14-2006 by L.L. No. 4-2006]
L.
Noise-producing equipment shall be sited and/or insulated to prevent any measurable increase in noise as measured at the property line.
M.
Any interference or disruption of signal or reception of radio, television or other wireless communications service resulting from the construction or operation of a wireless communication services facility shall be remedied by and at the expense of the responsible wireless communication services provider to the satisfaction of the Planning Board.
N.
Electrical and land-based telephone lines extended to serve the wireless communication services facility sites shall be installed underground where feasible.
O.
A wireless communication services facility shall be designed and erected so that, in the event of structural failure, it will fall within the required setback area and, to the maximum extent possible, away from adjacent development.
P.
A security program shall be formulated and implemented for the site of a wireless communication services facility. Such program may include physical features such as fencing, anticlimbing devices or elevated ladders on monopoles and/or monitoring either by staff or electronic devices to prevent unauthorized access and vandalism. In no event shall there be a vertical separation of less than 30 feet from the base elevation of a monopole to the first climbing rung or elevating ladder (when elevated) thereon.
Q.
A monopole over 50 feet in height shall be inspected annually by a licensed professional engineer, or at any other time upon a determination by the Building Inspector that the monopole may have sustained structural damage, and a copy of the inspection report shall be submitted to the Director of Building, Planning and Zoning.
R.
In the case of an application for approval of a wireless communication services facility to be located on lands owned by a party other than the applicant or the Town, a copy of the lease agreement with the property owner, together with any subsequent modifications thereof, shall be provided to the Planning Board, and a copy shall be filed with the Director of Building, Planning and Zoning.
S.
A wireless communication services facility shall be dismantled and removed from the property on which it is located when it has been inoperative or abandoned for a period of one year from the date on which it ceased operation. In the event that such facility is not completely removed from such property within such time, the Town shall be authorized to effect such removal in accordance with the following procedure:
(1)
The Director of Building, Planning and Zoning shall give written notice that such wireless communication services facility must be completely removed from such property within a time to be specified in such notice, which time shall be not less than 10 nor more than 30 days after service of such notice. Such notice shall contain a statement that in the event such facility is not completely removed within the time specified therein, the Town will cause such removal to occur, and thereupon the property upon which the facility is situated will be assessed for all costs and expenses incurred by the Town for the purpose of effecting such removal, said costs and expenses to be collected in the same manner and time as Town taxes.
(a)
Such notice shall be served by the Director of Building, Planning and Zoning either personally or by certified mail upon the following person:
(b)
If such notice is served by certified mail, it shall be mailed to the owner of the property at the address shown on the last completed tax assessment roll of the Town and to the owner of such facility and the individual agent for such owner at the respective addresses provided to the Town pursuant to Subsection T(7) of this section.
(2)
In the event that such wireless communication services facility is not completely removed as directed in the notice of the Building Inspector within the time specified therein, the Town may at any time thereafter, enter upon the property and cause such facility to be removed; provided, however, that no demolition shall take place without the express approval of the Town Board. All costs and expenses incurred by the Town in connection with such removal, including all administrative expenses, if any, shall be assessed against such property by the Town Board in the manner provided in Subsection S(3) of this section.
(3)
The Town Board shall serve personally or by certified mail upon the owner of record of such property at the address shown on the last completed tax assessment roll of the Town a written notice, stating that at a time and place specified therein, it will assess the expense of such removal against such property. Such notice shall be served at least eight days previous to the time specified therein. If directed against a corporation, it may be served upon the corporation at its principal place of business, upon an agent of the corporation within the Town or upon the Secretary of State. Notice served upon the Secretary of State shall be served at least 12 days previous to the time specified therein. At the time and place so specified, the Town Board shall hear the parties interested and shall thereupon finally determine the assessment, stating therein the name of each owner and the amount so assessed. The amount so assessed shall constitute a lien on the real property on which it is levied until paid or otherwise cancelled pursuant to law and shall be collected in the manner fixed by law for the collection of Town taxes.
T.
Application procedure.
(1)
An application for approval of a wireless communication services facility shall be submitted on the relevant forms for special use permit and site plan approval. Site development plan approval by the Planning Board in accordance with Article IX of this chapter shall be required.
[Amended 6-14-2006 by L.L. No. 4-2006]
(2)
The operator of the wireless communication service shall submit a copy of a license issued by the Federal Communications Commission and shall demonstrate to the satisfaction of the Planning Board that there is a compelling public need for such facility at the proposed location. Such demonstration shall include the preparation of existing and master effective service area plans which:
(a)
Minimize the number of such facilities within the service area(s);
(b)
Maximize collocation and shared use of existing facilities;
(c)
Identify all existing and proposed wireless communication facilities, including the location, height and operations characteristics of said existing and proposed wireless communication facilities, which impact upon the service area covering the Town of Ramapo and shall identify all proposed and other functionally acceptable locations for such facilities;
(d)
Include a two-to-five-year plan for the provision of additional facilities in and adjacent to the Town, indicating whether each proposed facility is for initial coverage or capacity building purposes, showing proposed general locations or areas in which additional facilities are expected to be needed; and
(e)
Analyze feasible alternatives to reasonably minimize the visual impacts and exposure levels.
(3)
Any application for a wireless communication services facility shall include a statement that the Town's Existing Facilities Inventory has been reviewed and, to the extent relevant to provide wireless communication service in the area which is the subject of such application, that all reasonable efforts have been made to collocate such facility on all sites identified in such Existing Facilities Inventory and all other existing sites within the service area.
(4)
As a condition of special use permit approval, the applicant shall be required to provide a written agreement, in recordable form suitable for filing and prepared to the satisfaction of the Town Attorney, acknowledging that it shall be required to allow the collocation of other future wireless communication service facilities unless otherwise unreasonably limited by technological, structural or other engineering considerations.
[Amended 6-14-2006 by L.L. No. 4-2006]
(5)
As a condition of special use permit approval, the applicant shall be required to provide a written agreement by the owner of the property on which the wireless communication services facility is to be located, in recordable form suitable for filling and prepared to the satisfaction of the Town Attorney, authorizing the Town and any contractors selected by it to enter upon such property pursuant to Subsection S(2) of this section without liability for trespass or other damages.
[Amended 6-14-2006 by L.L. No. 4-2006]
(6)
Where collocation of a wireless communication services facility is proposed for any such alternative site identified on the Existing Facilities Inventory or other existing site within the service areas, the added wireless communication services facility shall be permitted, as an amendment to the existing special use permit for such alternative site, by submission of an application for a building permit and without the need for an application for an amended special permit or site plan approval, provided that such facility meets all of the otherwise applicable requirements of this section and of any special permit and site plan approval previously granted for such alternative site. An amended written narrative and certification report indicating conformance with all of the special permit standards and conditions of site plan approval shall be provided in addition to all required information in support of the required building permit. An as-built drawing of the modified facilities shall be filed with the Director of Building, Planning and Zoning.
[Amended 6-14-2006 by L.L. No. 4-2006]
(7)
The applicant and all future owners of the premises and the wireless communication services facility shall at all times keep on file in the office of the Clerk of the Planning Board the name, address and telephone number of the owner and operator of such facility and of at least one individual who shall have authority to arrange for the maintenance of the premises and facility and who shall be authorized to accept service of notices and legal process on behalf of the owner and operator(s) of the premises and facility and to bind the owner to any settlement, fine, judgment or other disposition (other than incarceration) which may result from any civil or criminal action or proceeding instituted by the Town against such owner and/or operator(s).
§ 376-1215 Adult student housing.
The standards for adult student housing shall be as follows:
A.
The housing must be accessory to and on the same site as an approved postsecondary educational institution.
B.
Married students and faculty must be full time and the duration of residency shall be limited to the period of full-time study or teaching. If a person ceases to be eligible for occupancy, said person and family must vacate his/her dwelling unit within 30 days.
C.
The gross density shall not exceed 16 units per acre.
D.
The minimum lot size shall be four acres and the maximum lot size shall not exceed 12 acres.
E.
The project must be located on an already existing lot which meets the lot size requirements or on a lot created by subdivision from a larger existing lot and may not be the result of the combination of existing lots which separately fail to meet the lot size requirements. Upon creation of a lot for an adult student housing project, no further subdivision shall be permitted of any lot to create another site for adult student housing.
[Amended 6-14-2006 by L.L. No. 4-2006]
F.
The duration of a student's residency shall not exceed six years unless extended by the Planning Board for good cause upon written request. Good cause shall include, but not be limited to, a longer period of full-time study consistent with recognized religious practice or belief.
G.
Fifty percent of the dwelling units shall be either one- or two-bedroom units. The remaining 50% of the dwelling units may be three- or four-bedroom units. No more than 10% of the dwelling units may be occupied by faculty.
H.
The educational institution must occupy at least 10% of the project site.
J.
It shall be the duty of the owner and occupant (student or faculty) to jointly file a certification with the Building Inspector indicating compliance with this section's requirements relating to the status of all occupants of each dwelling unit. Such certification shall be filed no later than January 31 of each year. Failure to file such certification shall be reported to the Planning Board which may revoke the approval after a public hearing.
K.
The project must comply with Chapter 144, Fire Prevention, of the Code of the Town of Ramapo. All buildings must be fully alarmed and sprinklered.
L.
The units shall not be occupied by anyone other than adult married students, faculty members, spouses and minor children of married students and faculty.
M.
If the postsecondary educational institution is discontinued, the approval for adult student housing shall automatically cease. The dwelling units must be vacated within six months of the discontinuance.
N.
All applications shall be required to identify all similar adult student housing projects within a one-half-mile radius measured from the edges of the property. If within this area the total acreage of similar facilities together with the proposed project exceeds 3% of the surrounding area, the Planning Board shall decline to issue an approval if it determines that the application shall detrimentally impact the character of the area. In making such determination, the Board shall consider whether the proposed use will be of a location, size and character that it will be in harmony with the appropriate and orderly development of the area and not be detrimental to the site or nearby properties in accordance with the zoning classification of such properties.
O.
The minimum distance between buildings shall be 20 feet.
P.
The maximum building height is 35 feet.
Q.
Central refuse collection areas shall be located for the convenience of all dwelling units. They shall be supplied with an adequate number and type of covered receptacles and shall be provided with proper screening and maintenance. Such areas shall not be located in the required front yard.
R.
There shall be provided on site a minimum of 100 square feet per dwelling unit of usable outdoor recreation area. Such recreation area(s) shall include playground equipment and/or other recreational facilities as determined by the Planning Board and shall be located in a safe and convenient location on the site.
S.
The project shall be suitably landscaped with perimeter, foundation, parking lot and building plantings as required by the Planning Board.
T.
The project shall provide a separate and divided bus stop located on site along the street access which may be within the required front yard. The bus stop must be designed to ensure safe pickup and dropoff of children and to minimize impact on traffic flow. This requirement is subject to approval of the respective highway and school jurisdictions.
[Amended 6-14-2006 by L.L. No. 4-2006]
U.
The project must undergo architectural review by the Community Design Review Committee.
V.
No outside catering for nonresidents shall be permitted in the postsecondary educational institution. The postsecondary educational institution shall not contain commercial kitchen facilities.
W.
All projects shall provide proper access for fire-fighting and emergency equipment and vehicles and shall provide hydrants in such number and location and with such water pressure as may be approved by the Planning Board based upon the recommendation of the Building Inspector and Fire Department.
X.
All projects shall be connected to public water and sewer systems.
Y.
No structure shall be located within 500 feet of abutting land within a village which is residentially zoned at a density of one dwelling unit per acre or less dense zoning districts. However, this requirement shall not apply to any land within the unincorporated area of the Town which was previously within a village, but which was removed from the village as the result of court order or intermunicipal agreement.
Z.
A certificate of occupancy for the educational institution must be issued prior to the issuance of a certificate of occupancy for any residential buildings.
§ 376-1216 Schools of general and religious instruction.
Schools of general and religious instruction are subject to the following requirements:
A.
General requirements.
(1)
There shall be provided on the site a recreation area of 30 square feet per student which shall include such recreational facilities as determined by the Planning Board and shall be located in a safe and convenient location on the site;
(2)
Bus access shall be provided on site and must be designed to ensure the safe pickup and dropoff of children and to minimize impact on traffic flow;
(3)
The project shall be suitably landscaped with perimeter, parking lot and building plantings as required by the Planning Board;
(4)
All projects shall provide proper access for fire-fighting and emergency equipment and vehicles;
B.
Student size.
(1)
In the R-15, R-15A, R-15C and R-15MR Zoning Districts, schools with a student population of 150 students or less are subject to the bulk requirements of Use Group "s-1";
(2)
In the R-15, R-15A, R-15C and R-15MR Zoning Districts, schools with a student population in excess of 150 students, are subject to the bulk requirements of Use Group "s-1" except the minimum lot area is doubled;
(3)
In the R-25, R-35, and R-40 Districts, all schools regardless of student size are subject to the requirements of Use Group "e-1." In the RR-50, RR-80 and RR-160 Districts, all schools regardless of student size are subject to the requirements of Use Group "e."
§ 376-1217 R-15MR developments.
In the R-15MR District, the following requirements apply:
A.
Townhouses and garden apartments:
[Amended 6-14-2006 by L.L. No. 4-2006]
(1)
The minimum size for the development shall be 15 acres.
(2)
The maximum density shall be 11 units per acre.
(3)
The development may consist of townhouses or garden apartments.
(4)
At least 5% of the land area must be dedicated for common open space.
(5)
All common areas must be maintained by a homeowners' association. The requirements pursuant to § 376-43G are incorporated herein.
(6)
The minimum distance between buildings shall be 25 feet.
(7)
No structure shall be closer than 20 to from the pavement edge on interior roadways.
(8)
No more than 14 units may be linked together.
(9)
All bulk requirements shall be applied to the entire townhouse and garden apartment development being proposed and as a whole and not individual lots.
(10)
All interior roadways are to be maintained by the homeowners' association.
B.
Two-family conversions:
(1)
Applicant cannot receive a permit unless lot is located as a part of a previously approved subdivision which has been developed as a townhouse or garden apartment development.
(2)
Applicant, as a condition of approval, must comply with the New York State Uniform Fire Protection and Building Code.
[Amended 1-25-2012 by L.L. No. 1-2012]
(3)
Applicant, as a condition of approval, shall submit a landscaping plan.
[Added 1-25-2012 by L.L. No. 1-2012]
§ 376-1218 Country inns.
[Added 11-25-2013 by L.L. No. 7-2013]
Country inn facilities may be permitted in accordance with the following conditions:
A.
The number of residential units in the inn should be limited to six per acre.
B.
The inn and related facilities shall comply with the New York State Fire Prevention and Building Code.
C.
Restaurants serving guests of the inn, the general public or groups attending a catered, social function at the inn, provided that no music or other sound shall create an unreasonable noise as defined in the Noise Pollution Control Law of the Town of Ramapo[1] after 10:00 p.m.
D.
An inn office and lobby is permitted.
E.
Parking as set forth in § 376-31, Column F, No. 23.
F.
Permits are to be granted by the Planning Board subject to inspections of the Building Inspector.
G.
Buildings. As it is the expressed purpose of this section to encourage the appropriate use and maintenance of existing building(s) of architectural or historical significance to the Town, the principal uses permitted in this section shall, to the maximum extent practicable, be located within the existing building(s) on the site. The Planning Board may permit the expansion of the existing building or construction of new buildings. The building coverage for all principal and accessory buildings shall not exceed that permitted in the zoning district in which the site is located.
H.
Visual quality. The architectural style and siting of any additions to the existing building(s) as well as new construction shall be of the type and scale that complements the existing architectural style. Appropriate landscaping and other screening shall be provided to prevent lighting on the site from lampposts, headlights or other light sources from shining directly on adjacent residential properties. Existing building and grounds features should be preserved to the maximum extent feasible.
I.
All vehicles, trucks, tractors, machinery and equipment for the operation and maintenance of the country inn, and related facilities, should be stored indoors or in a designated area buffered from other activities.
J.
Parking may consist of a combination of dedicated parking spaces and special event parking, as well as a minimum of two spaces for parking of tour buses.
§ 376-1219 Mixed-use integrated residential and nonresidential use.
[Added 11-9-2022 by L.L. No. 7-2022]
A.
All buildings and related uses of land within the MU-3 Zoning District are subject to conceptual development special permit (CDSP) approval from the Town Board and to site development plan approval and review by the Town Planning Board pursuant to this chapter.
B.
Approval of a CDSP shall require compliance with the following conditions:
(1)
All uses and facilities shown on the approved conceptual development plan (CDP) shall be used and operated by the owner of the project site or by an entity or entities having common underlying ownership with, or that is or are controlled by, such owner. No facilities shall be leased to unaffiliated third parties.
(2)
The gross floor area dedicated to residential use shall have a minimum floor area ratio (FAR) of 0.05 and a maximum FAR of 0.125 based on net lot area of the project site shown on the CDP approved by the Town Board special permit.
(3)
The overall development density, inclusive of residence use, shall not exceed a FAR of 0.25 based on net lot area of the project site.
(4)
Residential uses may include multifamily dwellings in one or more configurations.
(5)
The development shall comply with the following development standards:
(a)
The minimum distance between detached buildings shall be 30 feet or the minimum separation required by the New York Uniform Fire Prevention and Building Code (Uniform Code), whichever is greater.
(b)
On-site recreation and open space shall be provided for residents of the development.
(c)
There shall be provided a safe and convenient system of drives, service access roads, and walks with due consideration given in planning such facilities to such items as handrails and ramps. Such facilities shall be adequately lighted, and said lighting shall not be directed on adjacent streets or properties.
(d)
All parking areas, driveways, recreation areas, and refuse collection areas shall be no closer than 10 feet to any lot line. The requirement that prohibits parking in required yards (§ 376-71A) may be waived by the Planning Board as part of a site plan approval, upon submission of a waiver request with justification that is deemed acceptable by the Planning Board.
(e)
Any swimming pool, tennis court, basketball court, or other fixed recreational amenity shall not be located within any required yard or required setback.
(f)
Site access shall be from a state or county road.
(g)
For purposes of this section, the term "project site" shall mean that portion of the project site within the Town of Ramapo. The project site may be comprised of one or several contiguous tax lots under common ownership and shall have a total minimum gross lot area of 200 acres. Except as otherwise noted herein, lot area, lot width, street frontage, setbacks, and yards shall apply to the entire project site. Development coverage and FAR shall be based on the net lot area of the entire project site as computed in accordance with § 376-42A.
(h)
Refuse and recycling collection areas for residential uses shall be separate from collection areas designated for nonresidential uses. Central refuse collection areas shall be located for the convenience of all residential units. All collection areas shall be properly designed to accommodate the refuse and recycling materials produced by the anticipated uses, provide convenient access, avoid conflict with other uses on the site, and be appropriately screened within an enclosed gated structure.
(i)
All buildings and structures shall utilize earth-toned colors and natural materials to minimize visibility from off-site locations.
(6)
In the MU-3 Zoning District, the maximum height of any building shall be 45 feet, provided, however, that as part of CDSP approval, the Town Board may permit additional building height where it finds that such additional height, in the context of the development of a project site pursuant to site-specific building envelope controls, furthers the Town's interests in reducing impacts on the environment, including, but not limited to, environmentally sensitive areas, and i) reduces development coverage, and ii) mitigates visual impacts of the proposed development on surrounding properties and viewsheds to a greater extent than a plan restricted to the conforming building height.
(a)
A conceptual development plan consistent with the bulk regulations of the MU-3 Zoning District, including the forty-five-foot maximum building height, referred to herein as the "base height plan," shall be provided which reasonably attempts to accomplish the project sponsor's objectives and which shall serve as the baseline for the Town Board's consideration of any alternate conceptual development plan that allows increased building height. The base height plan must conform to all dimensional requirements for the MU-3 Zoning District and to the applicable dimensional requirements of the site development plan regulations and the subdivision regulations of the Town. The base height plan may not be dependent upon variances from, or waivers of, the said Code or regulatory requirements. The base height plan shall consist of the following drawings, all prepared in accordance with the Town's site development plan regulations:
[1]
Planimetric Site Layout Sheet (Sheet 1);
[2]
Grading, Drainage and Utilities Plan Sheet (Sheet 2); provided, however, that information as to drainage and utilities may be omitted; and
[3]
Drawings depicting the masses (height, width, depth) of all buildings proposed for the site. Architectural details such as variations of facade walls, fenestration, door placements, etc., shall not be required for these drawings.
(b)
The Town Board may approve an additional building height plan that allows a maximum building height above the maximum allowed by the MU-3 bulk regulations if the applicant demonstrates that the following standards apply:
[1]
Compared to the base height plan, there is no increase in floor area ratio.
[2]
The maximum increase in permitted height for a building within the building envelope allowed in the CDSP will be no more than one foot for every three feet separating the nearest point of the building and the nearest lot line, and in any event may not exceed 75 feet.
[3]
The increased building height does not violate the MU-3 ridgeline protection requirements.
[4]
The highest rooftop elevation allowed by the additional building height plan will not be higher than the highest rooftop elevation of the base height plan.
[5]
The overall development coverage to be achieved by increasing height must be at least 10% less than the base height plan. The project shall maintain a minimum of 50% of the gross lot area of the subject property as deed restricted open space, which the Town Board may, to the extent feasible, require to be consolidated during the CDSP process, to protect environmentally sensitive areas and to provide contiguous areas of habitat.
[6]
All buildings benefiting from increased height must contain at least one level, but not more than two levels, of interior parking within the footprint of the respective building; provided, however, that this parking level requirement shall not apply to any building consisting of a single level with uninterrupted interior volume.
[7]
A minimum setback of 200 feet shall be provided between structures greater than 45 feet and the front property line.
[8]
The applicant demonstrates to the Town Board, by means of a visual impact analysis or other means acceptable to the Town Board, that the siting of the increased height buildings mitigates visual impacts of the proposed development on surrounding properties and viewsheds to a greater extent than a plan restricted to the conforming building height.
[9]
The Town Board shall also consider the potential visual and shadow impacts of any increased height building on nearby off-site structures.
(7)
All developments shall be suitably landscaped and designed to accommodate pedestrian access. Sidewalks are permitted to be located in the required front yard and front setback.
(8)
All buildings shall be served by public water service.
(9)
All buildings shall be served by municipal sewer service or an on-site sanitary sewer system approved by the regulatory agency with jurisdiction over such system.
(10)
All buildings shall be fully alarmed, with connection to a central alarm system, and sprinklered in accordance with the Fire Code of New York State.
(11)
The following uses shall be permitted as part of an integrated mixed-use development. All uses are intended for residents and employees of the integrated mixed-use development:
(a)
Offices.
(b)
Residences.
(c)
Warehouses.
(d)
Audio and/or video recording studios.
(e)
Visitor centers.
(f)
Central energy plants, which may include a battery energy storage system.
(g)
Lobby and reception areas.
(h)
Event spaces for assembly and dining for exclusive use by residents, occupants, and visitors to the integrated mixed-use development.
(i)
Maintenance workshops.
(j)
Parking garages and structures.
(k)
Fitness and recreation buildings and areas.
(l)
Religious and institutional uses.
(m)
Media production facilities.
(12)
Ridgeline protection. Development within the MU-3 Zoning District shall preserve ridgeline areas. Ridgeline areas are defined herein as the vertical height of a hill or mountain above a minimum elevation of 800 feet above mean sea level. No structures shall have footings above a base elevation of 800 feet above mean sea level. Further, the finished height of a structure with footings below 800 feet shall not protrude above 800 feet.
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C.
Review procedures for CDSP approval. An application for CDSP approval shall be submitted to the Town Board and shall include the following:
(1)
A statement of the objectives to be achieved by the proposed project.
(2)
A legal description of the property(ies) involved, together with a survey signed and sealed by a licensed New York State surveyor. Such survey shall include property lines and measurements, tax lot designation(s), street designations, easements, existing structures, locations of utility lines and connection points, curb cuts, site topography, and a North arrow, and such other features as the Town Board deems appropriate to an understanding of existing conditions on the site.
(3)
A zoning compliance table showing the zoning criteria required for the site and the proposal's compliance with such criteria and/or the need for, and magnitude of, variances from such criteria.
(5)
An analysis of the existing water and sanitary sewer infrastructure and a statement by a qualified professional as to the capacity of that infrastructure to support the proposed project, and a description of any infrastructure improvements that may be necessary to support the proposed project.
(6)
A stormwater pollution prevention plan (SWPPP) that complies with the requirements of the DEC General Permit for Discharge of Stormwater from Construction Activities and Chapter 237 of the Ramapo Code. The applicant shall provide a narrative that describes any waivers from those requirements that are proposed as part of the SWPPP.
(7)
A tree clearing and grading plan, which shall also be addressed in the proposed SWPPP.
(8)
An open space preservation plan, which shall include a narrative explaining how the plan will protect environmentally sensitive areas and preserve contiguous areas of habitat on the project site to the maximum extent feasible.
(9)
A traffic impact study.
D.
No application for CDSP approval shall be deemed complete until the lead agency under the New York State Environmental Quality Review Act shall have issued a negative declaration or shall have accepted a draft environmental impact statement for public comment with respect to the action that includes the proposed CDSP.
E.
Together with approval of a CDSP, the Town Board may authorize tree clearing within the limits of disturbance allowed by the CDSP where it finds doing so prior to approval of a site development plan by the Planning Board would allow the coordination of site development activities in a manner that would i) avoid, minimize or mitigate any associated environmental impact, and ii) allow the site to be developed in a coordinated manner that would reduce the duration or extent of construction activities on the site. The applicant must demonstrate to the satisfaction of the Town Board and the Town's consulting engineer that restrictions on the period of time when tree clearing would be permitted would otherwise prevent the overall site from being developed in a coordinated and efficient manner. Prior to conducting any tree clearing activities the applicant shall provide a restoration bond in such amount as the Town Board deems necessary to ensure that all disturbed areas will be restored, and such approved tree clearing activities must be addressed in the stormwater pollution prevention plan approved by the MS4 and filed with the DEC, and shall, as a condition of approval, be subject to applicable MS-4 regulations and the applicable requirements of Chapter 237 of the Ramapo Code.
F.
The Town Board may approve a CDSP subject to subsequent site development plan approval by the Planning Board. Any site development plan approved by the Planning Board must be consistent with the approved CDSP. The Planning Board's review of a site development plan based on an approved CDSP shall be limited to those details and elements of the site development plan not specifically addressed in the approved CDSP. To the extent that a site development plan includes project modifications, changed circumstances or new information about relevant environmental impacts not addressed or inadequately addressed in the record before the Planning Board, that Board shall review the changes in accordance with SEQRA.