Pursuant to the provisions of the Municipal Home Rule Law, the Town Board reserves the approval authority for special permits for uses identified as such in Column D of § 376-31, Use Table. Such uses represent such diverse benefits and impacts on local land uses as to preclude specific descriptions and standards for their approval. The Town Board, in considering any application for a special permit hereunder, shall exercise such discretion re served for legislative matters so as to ensure that the public health, welfare and safety are protected and the environmental and land resources of the Town are most efficiently utilized.

Applications for special permits pursuant to this section shall be upon forms prescribed by the Town Board and shall contain the information required in the rules and regulations adopted pursuant to this chapter.

Fees for special permit applications and for appeals before the Town Board shall be in accordance with the Standard Schedule of Fees of the Town of Ramapo.

An applicant for a special permit shall, simultaneously with the filing of any application with the Town Board, file an application for site development plan approval with the Director of Building, Planning and Zoning, together with appropriate plans, drawings and fee for site development plan review. Thereafter, and before the Town Board shall give any consideration to or review the application for such special permit, the Director of Building, Planning and Zoning shall refer said site development plan application to the Community Design Review Committee which shall review the application for the purpose of preliminary site development plan review and in light of the general considerations herein and specific standards herein for special permits. Thereafter, the Community Design Review Committee shall transmit its recommendations to the Town Board within 30 days.

The Town Board, upon receipt of the report by the Committee, shall, within 45 days, conduct a public hearing and within 45 days thereafter render its decision, unless the applicant waives the time requirements of this section.

The Town Board, in approving any special permit hereunder, shall require conformance with any supplementary requirements applying to such uses generally and may establish such other conditions or limitations upon the use, or characteristics of the use, which are reasonably related to the public health, safely and general welfare and as may be necessary to carry out the intent of this chapter. The decision of the Town Board shall be filed in the office of the Town Clerk and a copy thereof mailed to the applicant. Thereafter, the applicant will proceed with site development plan approval before the Planning Board.

Unless specifically authorized in the decision of the Town Board, no requirement or conditions of such special permit shall be subject to appeal before the Board of Appeals.

Requirements or conditions imposed by this chapter for any special permit use shall not be waived or reduced by the Town Board and shall be considered to be the minimum requirements for any authorization hereunder, except that the Town Board may authorize further application and action by the Board of Appeals. Special permits shall be deemed to be indefinite authorization unless otherwise specified in the approval thereof but, in any case, shall expire within 18 months of the date of approval unless a building permit has been issued for the special permit use. Such period may be extended on separate application to the Town Board.

The grant of special permits for the uses indicated may be conditioned on periodic renewal, which renewal may be granted following application, public notice and hearing and may be withheld upon determination that conditions, as may have been identified in the original grant requiring that the use be of temporary duration, now necessitate cessation of such use or imposition of additional or supplemental safeguards or conditions, or that the original conditions as may have been prescribed for such special permit have not been or are not being complied with, wholly or in part. Notices of violation pursuant to Article XIV shall be a prima facie evidence of lack of conformity with such standards or conditions.

The minimum size for the site shall be 500 acres.

The development may consist of single-family detached residences, townhouses or a combination thereof.

The project must be built as cluster development(s) pursuant to § 376-43 but subject to Subsection F below.

At least 80% of the land area must be dedicated as public parkland.

The Town Board, as a condition of approval, may require that up to 10% of the dwelling units be occupied by moderate income households as determined by the Department of Housing and Urban Development.

The number of permitted residences shall not exceed the total acreage of the site less wetlands, 50% of the site's steep slopes (over 25%), and all watercourses and floodplains (100%) multiplied by 43,560 (square feet/acre) and divided by 40,000 with no double counting of overlapping areas.

Off-street, barrier-separated school bus stops will be required to promote safe and efficient circulation.

The Planning Board, at the time of subdivision or site plan, shall establish the minimum lot size, but at no time will the lot area be less than as follows:

No dwelling unit shall contain more than two bedrooms, except that one dwelling unit for each superintendent may be provided which shall consist of no more than three bedrooms.

Except for the superintendent and his family, the occupancy of an active adult housing development shall be limited to owners or lessees, at least one of whom is 45 years of age or older. Any other occupant must be at least 18 years of age.

The density shall not exceed 12 units per acre.

The development coverage shall not exceed 65% including buildings, walks, parking areas and driveways. Parking areas above the ground floor, if any, within a building shall not be counted in computing said coverage.

The maximum building height shall be 40 feet or three stories, whichever is less.

The minimum distance between detached buildings shall be 30 feet.

Suitably equipped and adequately maintained recreation and open space shall be provided. Group sitting areas shall be well-defined by walls, fences, hedges or other plantings designed to impart a sense of containment or security and to provide group privacy.

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.

Central refuse collection areas shall be located for the convenience of all units. They shall be supplied with an adequate number and type of covered receptacles in an enclosed gated structure and shall be provide with property screening and maintenance.

All parking areas, driveways, recreation areas and refuse collection areas shall be no closer than 10 feet to any building or lot line, and any swimming pool shall be no closer than 30 feet to any building and 50 feet to any lot line. The requirement which prohibits parking in required yards (§ 376-71A) may be waived by the Planning Board.

The required side and/or rear yard may be decreased to 10 feet where abutting another residential specialized housing development.

A buffer of not less than 20 feet shall be provided.

For purposes of this section, the minimum lot area as set forth in § 376-41 shall refer to the size of the entire site.

The Planning Board, at the time of subdivision or site plan, shall establish the minimum lot size, but at no time will the lot area be less than as follows:

At least 40% of the dwelling units shall be one-bedroom units. No dwelling unit shall contain more than two bedrooms.

Except for the necessary staff and their families, the occupancy of a congregate care housing development shall be limited to individual men and women 60 years of age or above or married couples 60 or above in which one of the partners is at least 60.

Within the congregate care housing development, certain related ancillary facilities maybe permitted, either in a separate building or in combination with dwelling units, such as cafeterias, formal dining rooms, family dining areas, self-service laundries, lounges, exercise rooms, game rooms, arts and crafts workshops, libraries, music rooms, auditoriums/social halls, meeting rooms for residents and offices for visiting governmental agencies, housekeeping services and transportation service, only to the extent that they meet the needs of the occupants of the development. Such facilities shall be subordinate to the residential character of the development and shall be located out of public view, with no outside advertising. Such facilities shall be expressly approved by the Town Board. Approval of a special permit and site development plan for dwelling units in a congregate care housing development in no way constitutes approval for installation of any related facility.

The gross density shall not exceed 12 units per acre.

The maximum development coverage shall not exceed 65% including buildings, walks, parking areas and driveways. Parking areas above the ground floor, if any, within a building shall not be counted in computing said coverage

The building height shall be determined by the Town Board at the time of special permit approval, but in no event shall exceed 45 feet.

The minimum distance between detached buildings shall be no less than the height of the tallest building.

Suitably equipped and adequately maintained recreation and open space shall be provided. Group sitting areas shall be well-defined by walls, fences, hedges or other plantings designed to impart a sense of containment or security and to provide group privacy.

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, grab bars, walking trails and ramps. Such facilities shall be adequately lighted, and said lighting shall not be directed on adjacent streets or properties.

The outside storage of refuse, if permitted, shall be in rodent-proof containers and shall be provided with proper screening and maintenance.

All parking areas, driveways, recreation areas and refuse collection areas shall be no closer than 25 feet to any building or lot line, and any swimming pool shall be no closer than 30 feet to any building and 50 feet to any lot line. Such areas between said facilities and lot lines shall be landscaped with suitable screening. The requirement which prohibits parking in required yards (§ 376-71A) may be waived by the Planning Board.

The required side and/or rear yard may be decreased to 10 feet where abutting another residential specialized housing development.

All developments 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 the recommendation of the Building Inspector and Fire Department having jurisdiction.

All developments shall be connected to public sewer systems in accordance with standards approved by the Town Engineer.

Buildings shall be constructed in compliance with the New York State Uniform Fire Prevention and Building Code and shall include the following minimum safety standards for its guests and residents:

At least 40% of the dwelling units shall be one-bedroom units. No dwelling unit shall contain more than two bedrooms.

Except for the necessary staff and their families, the occupancy of a assisted living housing development shall be limited to individual men and women 60 years of age or above or married couples 60 or above in which one of the partners is at least 60.

Within the assisted living housing developments, certain related ancillary facilities maybe permitted, either in a separate building or in combination with dwelling units, such as cafeterias, formal dining rooms, family dining areas, self-service laundries, lounges, exercise rooms, game rooms, arts and crafts workshops, libraries, music rooms, auditoriums/social halls, meeting rooms for residents and offices for visiting governmental agencies, housekeeping services and transportation service, only to the extent that they meet the needs of the occupants of the development. A medical infirmary staffed by a registered nurse on a twenty-four-hour basis must be provided. Such facilities shall be subordinate to the residential character of the development and shall be located out of public view, with no outside advertising. Such facilities shall be expressly approved by the Town Board. Approval of a special permit and site development plan for dwelling units in an assisted living housing development in no way constitutes approval for installation of any related facility.

The gross density shall not exceed 12 units per acre.

The maximum development coverage shall not exceed 60%.

The building height shall be determined by the Town Board at the time of special permit approval, but in no event shall exceed 45 feet.

The minimum distance between detached buildings shall be no less than the height of the tallest building.

Suitably equipped and adequately maintained recreation and open space shall be provided. Group sitting areas shall be well-defined by walls, fences, hedges or other plantings designed to impart a sense of containment or security and to provide group privacy.

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, grab bars, walking trails and ramps. Such facilities shall be adequately lighted, and said lighting shall not be directed on adjacent streets or properties.

The outside storage of refuse, if permitted, shall be in rodent-proof containers and shall be provided with proper screening and maintenance.

All parking areas, driveways, recreation areas and refuse collection areas shall be no closer than 25 feet to any building or lot line, and any swimming pool shall be no closer than 30 feet to any building and 50 feet to any lot line. Such areas between said facilities and lot lines shall be landscaped with suitable screening. The requirement which prohibits parking in required yards (§ 376-71A) may be waived by the Planning Board.

The required side and/or rear yard may be decreased to 10 feet where abutting another residential specialized housing development.

All developments 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 the recommendation of the Building Inspector and Fire Department having jurisdiction.

All developments shall be connected to public sewer systems in accordance with standards approved by the Town Engineer.

Buildings shall be constructed in compliance with the New York State Uniform Fire Prevention and Building Code and shall include the following minimum safety standards for its guests and residents:

No dwelling unit shall contain more than two bedrooms, except that one dwelling unit for a superintendent may be provided which shall consist of no more than three bedrooms.

Except for the superintendent and his family, the occupancy of a housing development for the physically handicapped shall be limited to single persons who qualify as physically handicapped under present, future or amended definitions of the governmental agency providing subsidy or support to the project (Federal Department of Housing and Urban Development, New York State Division of Housing and Community Renewal or similar or successor agencies of the federal or state government) or to families, the head of which so qualifies, except that occupancy of a dwelling unit by a family, the head of which is not physically handicapped, shall be permitted if it is established that the presence of such person is essential for the physical care of an eligible occupant.

Within the housing development, certain related accessory facilities may be permitted, either in a separate building or in combination with dwelling units, such as cafeterias, self-service laundries, lounges, game rooms, workshops or medical infirmaries, only to the extent that they meet the needs of the occupants of the development. Such facilities shall be subordinate to the residential character of the development and shall be located out of public view with no exterior advertising. Such facilities shall be expressly approved by the Town Board. Approval of a special permit and site development plan for dwelling units in a housing development for the physically handicapped in no way constitutes approval for installation of any type of related facility.

The gross site density shall not exceed 10 units per acre.

The maximum building height shall be 15 feet or one story.

The minimum distance between detached buildings shall be 1 1/2 times the taller building.

Suitably equipped and adequately maintained recreation and open space shall be provided. Group sitting areas shall be well-defined by walls, fences, hedges or other plantings designed to impart a sense of containment or security and to provide group privacy.

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 the needs of the physically handicapped; such facilities shall be adequately lighted, and said lighting shall not be directed on adjacent streets or properties.

Facilities for refuse disposal shall be provided for all dwelling units. Central collection areas shall be maintained and conveniently located for all groups of units. The collection areas shall be properly screened and supplied with all covered receptacles required for tenant use.

All parking areas, driveways, recreation areas and refuse collection areas shall be no closer than 10 feet to any building or lot line, and any swimming pool shall be no closer than 30 feet to any building and 50 feet to any lot line; these dimensions may be reduced by the Planning Board upon site plan approval where local conditions warrant. Such areas between said facilities and lot lines shall be landscaped with suitable screening.

The front yard depth may be reduced by the Planning Board upon site development plan approval where local conditions warrant and substitute measures are provided for the protection of neighboring properties.

The development shall be subject to the review and approval procedures set forth in Article XVI, Town Board Special Permits.

No dwelling unit shall contain more than two bedrooms, except that one dwelling unit for each superintendent may be provided which shall consist of no more than three bedrooms.

Except for the superintendent and his family, the occupancy of the housing development shall be limited to owners or lessees, at least one of whom is 55 years of age or older. Any other occupant must be at least 18 years of age.

The density shall not exceed 12 units per acre.

The development coverage shall not exceed 65%, including building, walks, parking areas and driveways. Parking areas above the ground floor, if any, within a building shall not be counted in computing said coverage.

The maximum building height shall be 40 feet or three stories, whichever is less.

The minimum distance between detached buildings shall be 30 feet.

Suitably equipped and adequately maintained recreation and open space shall be provided. Group sitting areas shall be well defined by walls, fences, hedges or other plantings designed to impact a sense of containment or security and to provide group privacy.

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.

Central refuse collection areas shall be located for the convenience of all units. They shall be supplied with an adequate number and type of covered receptacles and shall be provided with proper screening and maintenance.

All parking areas, driveways, recreation areas and refuse collection areas shall be no closer than 10 feet to any building or lot line, and any swimming pool shall be no closer than 30 feet to any building and 50 feet to any lot line. The requirement which prohibits parking in required yards (§ 376-71A) may be waived by the Planning Board.

The required side and/or rear yard may be decreased to 10 feet where abutting another residential specialized housing development.

A buffer of not less than 20 feet shall be provided, except that the Planning Board may reduce and/or waive the buffer at the time of site development plan review where, owing to topographic or other conditions or characteristics of proposed use, there will be no foreseeable interference with the use and enjoyment of residentially zoned properties.

Within the active adult senior citizen housing development, certain related ancillary facilities may be permitted, either in a separate building or in combination with dwelling units, such as cafeterias, self-service laundries, lounges, game rooms, workshops, or medical infirmaries, only to the extent that they meet the needs of the occupants of the development. Such facilities shall be subordinate to the residential character of the development and shall be located out of public view with no outside advertising. Such facilities shall be expressly approved by the Planning Board.

The provisions for bulk requirements as set forth under Use Group aa of the Table of Bulk Requirements[1] may be waived by the Town Board in its granting of approval for a special permit as follows: