Town of Cortlandt, NY Article XV Special Zoning Districts

§ 307-94 Community Betterment District (CBD).

[Amended 3-13-2007 by L.L. No. 8-2007]

The purpose of this section is to encourage development of mixed-use communities including common open space and recreation areas and, further, to encourage the maximum creativity in development and the use of land and open space in those areas. In order to permit flexibility in the development process, basic development goals and standards are provided by this chapter, but specific development requirements including off-site improvements will be imposed by the Town Board and the Planning Board.

A. Intent and purposes. It is the intent and purpose of this section to create a Community Betterment District (CBD) by special permit on one or more designated sites and in proper locations, so as to provide:

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

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

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

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

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

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

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

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

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

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

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

B. Eligibility. This section creates a CBD Zone and sets forth standards under which properties shall be considered eligible for legislative consideration for possible rezoning into the CBD Zone.

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

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

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

C. Uses within the CBD Zone.

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

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

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

D. Development standards and controls.

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

(a) The base density in a CBD shall be three units or up to a maximum of six bedrooms per acre. However, the Town Board shall have the authority with a super vote, where a minimum of four out of the five Town Board members vote in the affirmative, to allow density of up to five units or up to a maximum of 10 bedrooms per acre where, in its sole discretion, it finds that a clear public good is being provided which addresses and mitigates both of the impacts identified in the draft generic environmental impact statement, e.g., groundwater contamination and traffic congestion. Examples of such public good that would be considered by the Town Board include an increase in affordable housing, provision or facilitation of availability of municipal or central water and sewer facilities to serve an extended area and provision for material transportation enhancement, such as a bypass road or traffic intersection improvements, which would directly improve traffic congestion.

(b) For purposes of density calculation, all acreage, including lands donated or dedicated to municipal purposes, wetlands and steep slopes, shall be included. It should be noted that the applicant must adhere to all provisions of Chapter 259, Steep Slopes, and Chapter 179, Freshwater Wetlands, and biodiversity guidelines and all other environmental regulations that may apply.

(2) Minimum lot dimension.

(a) Single-family detached units. In no case shall single-family detached housing units be placed on lots smaller than 1/8 acre or 5,000 square feet.

(b) Multifamily, attached and semidetached units (townhouse, condominium, co-operative, rentals). In no case shall the total number of units in a multifamily, attached, semiattached building exceed six units.

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

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

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

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

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

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

(a) Need for personal privacy. Visual privacy shall be preserved for residents through the proper design of rear yards and/or patio spaces. Proper screening through the use of vegetation, fencing and partially enclosed patios shall be provided.

(b) Need for maintaining the scale of building to ensure compatibility with natural and man-made surroundings. In no case shall the total number of units in a building exceed six to ensure that semidetached units will be compatible with the character of surrounding development and to ensure a pleasant environment for the residents of such units through maximizing views and by providing a close relationship to immediately adjacent open space at the sides of units as well as to the front and rear.

(c) The Planning Board may, where it deems necessary, limit the number of dwelling units per building to less than six.

(d) With the exception of patios or decks, the size of the building shall not be allowed to increase for any reason after approvals are given.

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

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

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

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

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

(14) Utilities and services.

(a) Underground lines. All televisions, power and communication lines, as well as water, sewer and storm drainage lines, shall be installed underground in the manner prescribed by the regulations of the government agency or utility company having jurisdiction.

(b) Approval. All buildings within CBDs shall be served by a public central water and sewage treatment systems as approved by the appropriate government agency or agencies having jurisdiction thereof.

(c) Future needs. Where facilities are provided, they shall be planned in such a way as to anticipate future utility needs, and wherever reasonably feasible, shall be sited to reduce the capital costs associated with any future central utility construction.

(d) Television hookups. Television hookups shall either be by cable television or alternate wireless systems.

(e) Refuse collection. The CBD shall provide an adequate means of collection and storing refuse, including the agreement to provide compactors and a centrally located refuse-collection site on premises. Any outside storage and garbage shall be in centrally located containers designed to prevent rodent infestations and shall provide sufficient screening as determined by the Planning Board.

(f) Cooling systems. Cooling systems shall be designed so as to minimize adverse aesthetic impact and noise.

(g) Surface water runoff. Surface water retention facilities shall be developed so that the rate of stormwater runoff after construction is no greater than the rate of runoff prior to development. Furthermore, all Stormwater II state regulations shall apply.

(h) Placement of utilities. Where possible, all utilities shall be placed within the right-of-way and all possible steps shall be taken to assure ease of future maintenance.

(i) Energy efficiency. The plan for development of any site within CBD shall be designed, constructed and arranged in such a way as to promote energy efficiency and encourage the use of alternative energy sources, such as geo-thermal and active or passive solar systems to achieve a home energy rating of 85% or higher on a scale created under the home energy rating system established pursuant to the National Home Energy Rating Technical Guidelines issued by the National Association of State Energy Officials, dated September 19, 1999.

[1] All new residential construction, single family detached units, multifamily, attached and semi-detached units (townhouse, condominium, cooperative, rentals) and all permitted commercial construction shall achieve this Energy Star compliance via:

[a] Utilization of a certified Building Performance Institute (BPI)contractor;

[b] All electrical appliances shall be Energy Star-labeled units, if available on the market at the time of building permit issuance;

[c] Any combination of energy alternative sources, design, and construction standards of NYSERDA to achieve the home energy rating of 85% or higher.

[2] Certificate of occupancy issuance by the Town will require the developer to obtain at their sole cost and expense a labeled qualification form required by NYSERDA which shall be submitted to the Town Department of Technical Services, Code Enforcement Division.

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

E. Preapplication procedure. The applicant may, prior to formal submission of his CBD application, meet in a preapplication conference with the Town Board and/or Town staff to review the requirements and procedures defined herein and to discuss the general planning concepts for the proposed development.

F. Contents of application.

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

(a) CBD Development Plan. The CBD Development Plan shall be drawn at a scale of not less than one inch equals 100 feet and may consist of one or more sheets indicating the following information:

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

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

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

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

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

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

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

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

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

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

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

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

(h) 3-D model. The Planning Board and/or Town Board may require the applicant to prepare a 3-D model of the proposed building(s) for review by the Boards.

(i) List of approvals required. A list of approvals required from various governmental agencies prior to proceeding with the first stage and any subsequent stage of development.

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

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

G. Approval process. The approval of a CBD can only be granted by a special permit by the Town Board subject to the following procedure:

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

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

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

(a) Other referral. To further assist in its rezoning review, the Town Board and/or Planning Board may refer the proposed CBD development plan any such agencies or officials of the Town, county or state government as the Board may determine appropriate.

(b) Public notice requirement: The applicant is required to comply with § 307-41C of the Zoning Code with respect to notification of the public hearing on this application.

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

(a) The CBD application and site development plan application is referred to the Planning Board for SEQRA review and recommendation to the Town Board. During this step, the Town Board will receive periodic updates from the Planning Board as part of the coordinated review procedure. If the Town Board deems it necessary, it may schedule additional Joint Planning Board/Town Board meetings.

(b) Upon completion by the Planning Board of the SEQRA review, the Planning Board will then recommend to the Town Board that the CBD be approved or denied. Said recommendation shall include:

[1] Legal assurances. The applicant is required to submit a title report of the subject property to the Town's legal department. Each application for detailed site plan approval shall be accompanied by appropriate legal documents as may be necessary to provide for and assure that continued proper future maintenance and ownership responsible for all common areas, facilities and utilities within each stage of development or section thereof.

[2] Other assurances. The Planning Board may condition its approval upon the applicant obtaining any other necessary approvals, licenses or permits from the appropriate Town, county, state or federal agencies having jurisdiction thereof.

[3] Compliance with standards. In arriving at a recommendation to the Town Board to approve or disapprove the CBD development plan application, the Planning Board shall have conducted a SEQRA review to determine whether the proposed uses meet the standards set forth in this section.

(5) Step 5: Decision of Town Board.

(a) Upon receipt of the Planning Board's resolution which will recommend action to the Town Board and state appropriate conditions, including items such as posting of a performance bond, erosion control security, inspection fees, etc., if the Town Board elects to proceed, the Town Board shall schedule a public hearing and following said hearing, may by resolution, act either to approve, approve with modification or disapprove the CBD development plan application.

(b) If approved, the application will be referred back to the Planning Board for site development plan and/or preliminary and final subdivision approval. There will be no additional fees at this step.

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

§ 307-94.1 Existing legal, nonconforming senior citizen developments (LN/SCD).

[Added 11-21-2000]

A. Purpose. The purpose of this section is to encourage development of affordable residences for senior citizens to live independently and provide for expansion of such use in existing legal nonconforming Senior Citizens Developments (LN/SCD). Such uses are intended also to provide for common areas for recreation and community activities designed specifically for senior citizens. The Town Board hereby finds that there is a significant unmet need for such housing in the Town of Cortlandt.

B. Definition. "Senior citizen" shall be defined for the purposes of this section as single individuals 55 years of age or older, or households in which at least one of the members is 55 years of age or older.

C. Approval procedures.

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

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

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

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

D. Development objectives. LN/SCD's shall be designed to meet the following objectives:

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

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

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

E. Standards and conditions. No LN/SCD special permit shall be granted unless the following requirements are met:

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

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

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

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

(5) Density of development.

(a) The maximum allowable intensity of development, comprised of the existing and additional senior citizen residential units, shall be as follows: 20 residential units per acre.

(b) These limits may be modified by any incentive zoning provisions authorized by local law.

(c) Not more than 2% of the total of the existing and additional senior citizen residential units may be devoted to use by staff employed by the owner or operator of the LN/SCD, while such staff's employment is related to the operation or maintenance of the subject property.

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

(7) Building coverage, landscaping and yards.

(a) Building coverage for residential uses shall not exceed 30% of the total area comprising the existing and additional senior citizen residential units.

(b) Lot coverage for landscaping and open spaces shall not be less than 25% of the total area comprising the existing and additional senior residential units.

(c) Landscaping in street rights-of-way and public open spaces shall include, as appropriate, street trees, street furniture, window boxes, planters, lighting and other features.

(d) Yard dimensions shall be such that a compact development pattern with buildings located close to the streets is achieved.

(8) Land uses.

(a) Land uses shall include senior citizen residential uses, multifamily dwellings and accessory uses such as community and civic activities and recreation uses.

(b) All additional senior citizen residential units granted under a LN/SCD special permit shall meet the affordable housing standards adopted by Westchester County, as may be amended, from time to time.

(c) LN/SCD special permits may be granted in all residential districts.

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

(10) Parking.

(a) Parking shall be provided for the additional senior citizen residential units in the amounts required by Article VIII of this chapter for senior citizen developments.

(b) Parking areas shall be located conveniently to the additional senior citizen residential units.

(c) Shared parking lots and shared driveways shall be encouraged.

F. Approval requirements. The Town Board shall only approve a LN/SCD special permit when it finds the following:

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

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

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

§ 307-94.2 Residential Reuse Special Permit.

[Added 5-15-2007 by L.L. No. 10-2007]

A. Intent and purposes. It is the intent and purpose of this section to create a special permit entitled "Residential Reuse Special Permit (RRUSP)." This special permit will allow the Town the opportunity to:

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

(2) Provide affordable housing units within multifamily developments.

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

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

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

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

B. Eligibility. This article creates a special permit process and sets forth standards under which properties shall be considered eligible. In order to be eligible for such legislative consideration, lands must meet the following criteria:

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

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

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

C. Development standards and controls.

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

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

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

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

[Amended 1-12-2010 by L.L. No. 3-2010]

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

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

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

[1] Editor's Note: See Ch. 168, Fees, Art., I.

D. Application procedure.

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

(2) The application and approvals procedure is as follows:

(a) The approval of a RRUSP can only be granted by a special permit by the Town Board subject to the following procedure:

[1] Step 1: Submission of the RRUSP application to the Town Clerk. The applicant shall submit 25 copies of the application and fee (to be determined by the Town Board) for the special permit and site development plan approval to the Town Clerk, who shall place it on the next available agenda of the Town Board.

[2] Step 2: Preliminary Town Board action. The Town Board will make a determination of the completeness of the application after a review with appropriate departments of the contents of the application as enumerated below.

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

[a] Other referral. To further assist in its rezoning review, the Town Board and/or Planning Board may refer the RRUSP application to any such agencies or officials of the town, county or state government as the Board may determine appropriate.

[b] Public notice requirement: The applicant is required to comply with § 307-41C of the Zoning Code with respect to notification of the public hearing on this application.

[4] Step 4: Review of the RRUSP application and Site Development Plan by the Planning Board.

[a] The RRUSP Application and Site Development Plan application is referred to the Planning Board for SEQRA review and recommendation to the Town Board. During this step the Town Board will receive periodic updates from the Planning Board as part of the coordinated review procedure. If the Town Board deems it necessary, it may schedule additional Joint Planning Board/Town Board meetings.

[b] Upon completion by the Planning Board of the SEQRA review, the Planning Board will then recommend to the Town Board that the RRUSP application be approved or denied. Said recommendation shall include:

[c] Legal assurances. The applicant is required to submit a title report of the subject property to the Town's legal department. Each application for detailed site plan approval shall be accompanied by appropriate legal documents as may be necessary to provide for and assure that continued proper future maintenance and ownership responsible for all common areas, facilities and utilities within each stage of development or section thereof.

[d] Other assurances. The Planning Board may condition its approval upon the applicant obtaining any other necessary approvals, licenses or permits from the appropriate town, county, state or federal agencies having jurisdiction thereof.

[e] Compliance with standards. In arriving at a recommendation to the Town Board to approve or disapprove the RRUSP Development Plan application, the Planning Board shall have conducted a SEQRA review to determine whether the proposed uses meet the standards set forth in this section.

[5] Step 5: Decision of Town Board. Upon receipt of the Planning Board's resolution, which will recommend action to the Town Board and state appropriate conditions, including items such as posting of a performance bond, erosion control security, inspection fees, etc., if the Town Board elects to proceed, the Town Board shall schedule a public hearing, and following said hearing, may, by resolution, act either to approve, approve with modification or disapprove the RRUSP special permit application. If approved, the application will be referred back to the Planning Board for site development plan and/or preliminary and final subdivision approval. There will be no additional fees at this step.

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

E. Contents of application. The Site Development Plan shall be drawn at a scale of not less than one inch equals 100 feet and may consist of one or more sheets indicating the following information:

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

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

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

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

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

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

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

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

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

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

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

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

[2] Editor's Note: See Article 8 of the Environmental Conservation Law.

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

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

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

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

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

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

§ 307-95 Camp Smith Reuse District.

[Amended 4-11-2006]

A. Purpose. The Camp Smith Reuse District is established to encourage beneficial reuse of the Camp Smith Military Reservation site in the event that the site is no longer used as a military reservation. Specifically, the district is intended to preserve open space, to channel development into areas where development and infrastructure already exist and to maximize development potential of the latter areas for economic development which produces employment, tax ratables and services, together with residential development opportunities. The Camp Smith Reuse District contains land which is developed and served by infrastructure.

B. Use regulations.

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

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

[Amended 3-13-2007 by L.L. No. 8-2007]

C. Approval procedures. Approval of a special permit in the Camp Smith Reuse District may only be granted by the Town Board.

D. Dimensional regulations. Dimensional regulations shall be as follows, subject to § 307-18G(1):

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

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

(3) Maximum building coverage: 25%.

(4) Minimum landscape coverage: 25%.

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

E. Additional special permit standards and conditions. Additional special permit standards and conditions shall be as follows:

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

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

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

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

(a) The minimum lot area per dwelling unit restriction may be relaxed by the Town Board on a lot in the Camp Smith Reuse District in return for the foregoing of development on a lot and the preservation of that lot as open space by deed restriction or other means acceptable to the Town Board, but in no case may the minimum lot area per dwelling unit restriction be decreased by more than 1,000 square feet.

[1] Editor's Note: The Table of Dimensional Regulations is included at the end of this chapter.

§ 307-96 M-1A District. [1]

[Added 1-24-2017 by L.L. No. 1-2017]

A. Legislative intent.

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

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

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

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

B. Creation. There is hereby created in the Town of Cortlandt an M1-A Zoning District, said district shall provide for all of the same permitted uses as in the M-1 Zoning District as set forth in the Zoning Code but shall include organic waste composting consisting of leaves, brushes, grass, mixed with food scraps, etc.

[1] Editor's Note: Former § 307-96, Special reuse and conservation development, as amended, was repealed 9-14-2004.

§ 307-96.1 Annsville Waterfront Enhancement District.

[Added 2-14-2023 by L.L. No. 1-2023]

A. Purpose.

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

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

(3) Expand public access along the water's edge.

(4) Support rehabilitation and protection of the natural resources of Annsville Creek.

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

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

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

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

B. Permitted uses and dimensional requirements. In the Annsville Waterfront Enhancement (AWE) District, the uses established in the Table of Permitted Uses as provided for in the amended table attached hereto are permitted, subject to the applicable development standards and provisions set forth in this section.

(1) Dimensional requirements.

(a) Minimum lot area: 7,500 square feet.

(b) Minimum lot width: 50 feet.

(c) Maximum building coverage: 30%.

(d) Yards (front/side/rear): 10 feet/10 feet/10 feet (or greater as set forth in the Design Guidelines).

(e) Maximum height (stories): 2.5.

(f) Maximum height (feet): 35.

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

(a) Design for a human scale. Create places where the site design includes pedestrian facilities, well-considered lighting and other amenities, street trees, landscaped areas and a balance of building to paved areas to avoid overwhelming a site with pavement, roadways, parking lots and overly massive structures.

(b) Establish a physical and visual connection to the waterfront. Provide waterfront views and establish space for a waterfront promenade (for waterfront properties) and connections to the waterfront that accommodate those with disabilities, pedestrians and bicyclists.

(c) Create a scale of development that is appropriate for the setting. Establish areas that are set back from the waterfront; and provide a pedestrian and landscaped buffer to heavy traffic areas; and set the tallest buildings in areas that can be buffered by higher topography; and buildings along the waterfront should include pedestrian and outdoor spaces and be appropriately lower in height and smaller in massing.

(d) Create a welcoming streetscape using traditional town planning and design elements. Provide an appropriate architectural feature that clearly identifies the front entry. Include a balance of architectural elements such as generous windows and an appropriate mix of materials such as brick/stone/masonry in the facade and complementary outdoor spaces and streetscape design that creates an attractive public realm.

(e) Commercial development shall provide traditional "Main Street" design elements. These elements include a welcoming architectural design and generous spaces and amenities for pedestrians to buffer areas of high traffic and to offer places for outdoor socializing and civic engagement.

(f) Design with nature in mind. Provide opportunities to preserve, stabilize and restore natural shorelines and introduce trees, plantings and naturalized stormwater management systems to the maximum extent practicable.

C. AWE subareas and zoning incentives. The Annsville Waterfront Enhancement district amends the zoning map as established and is hereby divided into four subareas: AWE-1, AWE-2, AWE-3 and AWE-4. The Town finds that each subarea has a distinct character because of topography and/or location and site attributes within the waterfront area.

(1) Supplemental use regulations.

(a) In the AWE-2, AWE-3, and AWE-4 subareas, the following uses are permitted, in addition to the uses permitted in the underlying AWE district, subject to the applicable development standards and provisions set forth in this section.

[1] Mixed-use development, where residential and nonresidential uses are in the same structure or in adjacent structures on the same tax parcel, with the following provisions:

[a] Maximum residential density: five units/acre.

(b) In the AWE-4 subdistrict, the following uses are permitted as-of-right, in addition to the uses permitted in the underlying AWE district subject to the applicable development standards and provisions set forth in this section.

[1] Multifamily development, subject to the following provisions:

[a] Maximum residential density: five units/acre.

[b] Ground floor commercial are required at the following intersections on Albany Post Road:

[i] Sprout Brook Road.

[ii] Dogwood Road.

(c) Requirements for all multifamily and mixed-use buildings in AWE:

[1] For any mixed-use building, the residential portion of a building shall have separate access.

[2] The maximum size for any multifamily unit shall be 1,200 square feet.

[3] For any building with greater than five units, a minimum of 10% of multifamily units must be designated as affordable as defined by Westchester County (e.g., a thirty-unit project would provide three affordable units). This requirement holds true for any project that applies for allowable height and density incentives.

D. Zoning incentives in AWE subareas.

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

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

(a) Have municipal water and sewer service which is:

[1] Existing on the proposed site in the required capacities; or

[2] Located reasonably adjacent to the proposed site such that the applicant could get approval from the Town Board to make a connection to the existing services. Such approval would be conditional on the findings of an independent engineering report which evaluates the impact said connection would have on the existing municipal capacities and performance.

(b) All buildings must be in conformance with the design guidelines section.

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

(a) AWE-1 (Annsville Circle):

[1] Additional building height, not to exceed 70 feet maximum height.

(b) AWE-2 (Properties on upland side of Route 9):

[1] Additional density up to a maximum of 15 units/acre total; and

[2] Up to four stories and 50 feet in total height.

(c) AWE-3 (Properties fronting waterfront on east/south side of Route 9).

[1] Additional density up to a maximum of 15 units/acre total.

(d) AWE-4 (properties fronting Albany post road).

[1] Additional density up to a maximum of 20 units/acre total; or

[2] Additional density up to a maximum of 40 units/acre total, and a maximum height of five stories and 55 feet (whichever is less) if the proposed project includes the provision of a publicly accessible waterfront walkway, created through the dedication of a permanent public waterfront access easement or other acceptable instrument. Design criteria for the waterfront walkway are provided in the design guidelines section.

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

(a) The amenity package shall include a cash payment to the Town subject to provisions established herein. The fee will be placed in a fund for municipal improvements within the AWE District, including but not limited to water and sewer, stormwater management, and flood control; and sidewalk or waterfront walkway improvements. Alternatively, the applicant can substitute a portion or all of the required cash payment by providing public amenities including infrastructure improvements in the AWE district, supplemental to what is required to support the subject project. If this option is chosen, the value of proposed improvements shall be submitted to the Town Board for approval.

(b) Buildings eligible for bonus height may be required by the Planning Board to incorporate setbacks and/or step-backs, or other measures to reduce visual impacts as appropriate.

(c) Incentive payment to Town. Any requested increase in density and or height shall be commensurate with the amenity or benefit provided. The required payment for amenities would be for only the increased density and/or height beyond what could be achieved under the base scenario. For residential uses the incentive payment would be for each additional unit requested beyond what could be achieved without the amenity. For nonresidential uses the calculation is based on the gross square feet that could be achieved beyond the base scenario. For example, on a two-acre site in AWE-2, an applicant could build 10 units in the base scenario at five units per acre. With the bonus, the applicant could build 30 units (at 15 units/acre). The amenity payment would be only for the increase in 20 units above the base scenario.

[1] Incentive payment for additional residential density.

[a] $5,000 per unit for each additional unit beyond the base scenario for projects greater than five and less than 10 units per acre.

[b] $7,500 per unit for each additional unit beyond the base scenario for projects between 11 and 20 units per acre.

[c] $10,000 per unit for each additional unit beyond the base scenario for projects between 21 and 30 units per acre.

[d] $15,000 per unit for each additional unit beyond the base scenario for projects greater than 30 units per acre.

[e] Fees could be waived upon an affirmative vote of the Town Board for affordable units that meet Westchester County's guidelines provided by the proposed project. Waivers shall not exceed 40% of the total number of units.

[f] Example calculation: In a three-acre site in AWE-4, an applicant could build 15 units in the base scenario and 120 units with the maximum incentive bonus. At the maximum density, the initial calculation of the incentive payment would be $1,575,000 (three acres x 40 units/acre = 120 units minus 15 units based density = 105 units x $15,000 per unit = $1,575,000). If the applicant provided 40% affordable housing, the incentive payment of $630,000 would be waived for those units (105 x 40% = 42 units x $15,000 per unit = $630,000) which would include the provision of 42 affordable units. The net incentive payment would be $975,000 ($1,575,000 - $630,000).

[2] Incentive payment for additional commercial space. The amenity payment schedule is as follows for commercial uses:

[a] $15,000 per additional 1,000 square feet of built area over the base scenario, calculated fractionally.

[3] Provision of public amenity, if the applicant proposes to substitute a portion or all of the cash payment with the provision of additional infrastructure or another public benefit within the district: In this instance, the application would be referred to the Town Board to determine whether the proposed amenity(ies) provided are commensurate with the required cash payment for the zoning incentive requested. Such improvements could include:

[a] Public right-of-way and construction of waterfront promenade.

[b] Infrastructure investments that provide additional capacity and extend beyond the subject site but within the AWE District including public sewer and water service system extensions/expansions.

[4] Waterfront walkway/promenade: For waterfront parcels, if feasible, part or all of the amenity package should include the provision of a publicly accessible waterfront walkway, created through the dedication of a permanent public waterfront access easement or other acceptable instrument. Design criteria for the waterfront walkway are provided below:

[a] The easement shall encompass the area of land extending from the mean high-water mark to a point at least 15 feet inland, subject to the discretion of the Planning Board.

[b] The easement shall be wide enough to accommodate a ten-foot-wide walkway as well as necessary screening and fencing so as to ensure public safety and security for upland uses.

[c] The public waterfront access easement shall connect to all public waterfront access easements on adjacent properties.

[d] The public waterfront access easement shall extend along the entire waterfront of the site, as practicable based on the discretion of the Planning Board.

[e] The Planning Board, as part of site development plan approval, may modify the walkway and or setbacks required when it determines that the specific circumstances of the particular site make adherence to the waterfront walkway criteria impractical unless accommodation can be made to achieve the purposes of this section. The reasons for any such modifications must be expressed and placed into the official record of the Planning Board.

[5] The cash payment or other public amenities provided are not a substitute for other project-related fees such as the recreation fees or any other mitigation measures that would be required as part of site plan approval and SEQR. However, recreation fees payable to the Town may be partially offset through construction of a publicly accessible waterfront promenade as determined by the Town Board.

(5) Criteria and procedure for approval.

(a) Applications for zoning incentives such as increased density and height shall be submitted to the Planning Board in accordance with the zoning incentive procedures adopted by the Town Board.

(b) Planning Board review: If the application includes a cash payment alone, it would be reviewed by the Planning Board,

(c) Town Board review: If the applicant proposes to substitute any portion of the cash payment with the provision of additional/off-site infrastructure investments and/or additional affordable housing units beyond what is required, the application shall be referred by the Planning Board to the Town Board for approval. Applicants must present the cash value equivalent for any proposed amenity improvements (i.e., designation of a waterfront walkway and construction of a waterfront promenade). The Town Board would determine if proposed improvements provide sufficient public benefit and are commensurate with the amount of the requested incentive. The proposed amenities would also be reviewed and approved as to meeting legal requirements by the Town Attorney.

(d) The application shall include the following information:

[1] The requested incentive(s) as further provided for in the respective Annsville Waterfront Enhancement zoning subarea in which the project is located.

[2] A program of uses and a site plan for both a base scenario without the incentive or any other variance, and the proposal with requested bonus amenity.

[3] Gross floor area (GFA) increase (measured in gross square footage above what could be built under baseline dimensional regulations).

[4] Height increase (measured in feet above what could be built under baseline zoning regulations).

[5] Residential density increase (measured in units per acre).

[6] Proposed amenity improvements including their cash value equivalent (e.g., the designation of a waterfront walkway and construction of a waterfront promenade).

[7] Additional information and plans as applicable to provide for a thorough evaluation of the proposal.

(e) Incentive payment procedure:

[1] If there is a cash payment, it shall be paid as follows: 25% at the time for filing of a building permit, 50% prior to issuance of the building permit, and 25% prior to issuance of a certificate of occupancy. For incentives based on infrastructure to be constructed, all required improvements shall be made prior to issuance of a certificate of occupancy by the Town and or provision of an irrevocable letter of credit to the Town equal to the value of the unconstructed improvements.

[2] Payment to the Town shall be placed into a separate and dedicated Incentive Zoning Fund established and managed by the Town to be used for municipal improvements directly related to supporting land uses the AWE District, including but not limited to: water and sewer, stormwater management, and flood control; sidewalk, lighting, plantings, or waterfront walkway improvements.

E. Design guidelines and standards for the Annsville Waterfront Enhancement District (AWE).

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

(a) Require site plan review as per (insert reference);

(b) Include new exterior building materials, commercial signs or exterior lighting;

(c) Include changes or replacement of existing exterior building materials, commercial signs or exterior lighting; or

(d) Are referred by the Planning Board to the Architectural Review Council for advisory review and comment.

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

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

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

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

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

(a) Existing topographic contours of the site, at five-foot contour intervals or less;

(b) The extent of existing vegetation including woodlands, large trees, and any known plant or animal habitats which are unique, rare or endagered;

(c) Surface water features, stormwater flows, wetlands and flood hazard areas;

(d) Existing structures, including potential historic resources and known archeological resources;

(e) Potential access points for motor vehicles, pedestrians, and bicycles including any existing farm or service lanes or adjacent trails;

(f) The location of any nearby adjacent planned trails or the planned route of the Waterfront Promenade;

(g) Utilities availability in the vicinity;

(h) Wind and solar aspects of the site;

(i) Jurisdiction of all road frontage (state, county, town, private, etc.);

(j) Aerial imagery of the site;

(k) Property boundaries and easements and restrictions.

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

(a) Preserve large areas of natural waterfront landscape, including existing mature trees where possible, to be incorporated into the site plan.

(b) At least 25% of the site should include pervious services, with landscaped and planted areas.

(c) Parking areas shall be located in the rear, side or under the building structure as much as possible, with limited side or front yard convenience parking provided as necessary and as approved by the Planning Board.

(d) The main public entry to the building shall face the public road unless building is on an internal lot without frontage on a public way, and shall be visibly apparent with the use of architectural features which accentuate its importance.

(e) Driveway access into the site shall be limited to a single curb cut wherever possible, or the minimum width and curb radius necessary to reasonably accommodate vehicles. Two access points may be permitted on a single parcel if shared cross-access provisions are in place with adjacent property owners, employed using approved easements.

(f) Distances between curb cuts on US Routes 9/202 shall be maximized to the greatest extent possible, or combined into a shared driveway.

(g) It is recommended that new construction should orient buildings and rooflines to accommodate existing (or future) solar panel installations with direct southern exposures.

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

(a) The front yard of all properties shall be visually defined by a deep and wide front lawn area, accentuated with occasional mature or newly planted trees and other planted landscaped areas, patios and public streetscape spaces. Existing structures on shallow lots shall be designed to fit the setting and the Planning Board will appropriately consider constrained sites/undersized lots.

(b) All front and side yard greenspace areas on the site visible from the public road shall be landscaped with one or more of the following:

[1] Native vegetation;

[2] Trees, shrubbery, nursery plants with appropriate mulch; tall grasses; and/or

[3] Sod, lawn, or other variety of planted groundcover.

(c) Commercial/mixed-use properties fronting US Routes 9 and 202 shall employ the use of a continuous low landscape wall and/or low plantings with occasional shade trees along the frontage to maintain a consistent design theme along the highway and screen any parking provided in the front yard. These elements should typically follow along the front property line and align with similar elements on adjacent properties.

(d) Generous planting beds, including low hedges and trees, shall be provided along the front of the building around parking and pedestrian areas. Additional trees should be planted to screen any large areas of blank or windowless facade which are visible from the public road.

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

(a) Consider the setting — whether on steeper hillsides or lower valley and floodplain area. Create a stormwater management plan as part of the site development plan that reflects natural processes and creates a system that adds to the aesthetic and natural amenities of the area.

(b) Create naturalized stormwater management systems addressing multiple properties on a subwatershed basis where feasible.

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

(a) Any parking areas provided in the front or side yards shall provide a dedicated walkway or sidewalk to the main entry of the building.

(b) Any public pedestrian walkway areas provided in the front yard shall extend to connect to the public sidewalk along the road, if present. If no sidewalk is present, one shall be constructed along the property frontage.

(c) No parking, building or other structural constraint shall be placed on any waterfront site in the corridor designated for the Waterfront Promenade. A multiuse, shared use pathway shall be provided as part of an incentive zoning proposal in response to the requirement for the Waterfront Promenade.

(d) At least one bicycle parking or storage space shall be provided at or near the main public entry for each commercial or residential use on the property. Additional bicycle parking spaces shall be provided as follows:

[1] Residential: one space for every two dwelling units;

[2] Eating/dining: one space for every five required vehicle parking spaces;

[3] Other commercial: one space for every 10 required vehicle parking spaces;

[4] Public transit shelters: five spaces for every transit stop.

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

(a) Impervious parking and driveway surface areas shall be only as large as necessary to meet minimum requirements, and are encouraged to utilize porous asphalt or porous paving to reduce stormwater runoff. If additional parking capacity is deemed necessary by the applicant and appropriate by the Planning Board, the additional parking area shall be required to utilize porous surfacing.

(b) Landscaped islands shall be provided at both ends of any internal parking rows, and at intermediate locations so that there are not more than 25 continuous parking spaces in a row without a landscaped break. These islands shall be at least six feet in width, and extend the full depth of the row (nine feet for single row, 18 feet for a double row) providing a minimum of two shade trees, with low bushes, plantings and other groundcover. Stone mulch may be used with a curbless/recessed island where it is designed to collect stormwater.

(c) Parking lot landscaped areas may be suitably replaced with integrated stormwater management areas such as raingardens or bioswales which capture rainwater on the site, provided they are adequately landscaped.

(d) Shared/interconnected parking areas between two or more adjacent properties are encouraged where appropriate and feasible due to their proximity.

(e) All off-street loading, service or dumpster areas shall be located in the rear of the building and screened from view from the public road.

(f) Dumpster areas shall be enclosed within an extended envelope of the building, or located behind screening walls which match or complement the materials of the main building, as directed by the Planning Board. Chain link fence enclosures are not permitted.

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

(a) The use of natural materials such as stone, brick and wood combined with larger roof overhangs and the use of front porch entryways are generally recommended.

(b) Sloped roof designs should be utilized where possible in lieu of flat roof, particularly at the front of the site or areas readily visible from the public road.

(c) Sloped roof structures are encouraged to maintain a pitch between 5:12 minimum and 12:12 maximum for all primary roof areas (not including dormers, entry canopies or similar accessory elements.)

(d) Roof eave and gable overhangs are encouraged to be a minimum of 18 inches deep, with taller or larger buildings providing deeper overhangs which are appropriate for their size and scale.

[1] Editor's Note: Said photos are included as an attachment to this chapter, titled "Illustrative Examples of Architecture."

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

(a) Building entrances should be clearly recognizable and visible from the public road or driveway.

(b) Building entrances should be covered in the form of a roof or porch overhang to provide shelter from the elements and make it more prominent.

(c) The front yard area immediately adjacent to the building entrance shall be suitably landscaped with lawn, shrubs or flowers.

(d) Building entrances shall be directly connected to parking and pedestrian areas with a sidewalk, separated from motor vehicle areas with a curb and/or planting strip.

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

(a) New development shall reflect appropriately scaled architecture.

(b) Facades facing the public road should avoid large, uninterrupted blank wall areas without windows or entranceways.

(c) Building appurtenances, such as porches, dormer windows are encouraged to be used to give building facades shade, scale and more visual interest.

(d) Large, uninterrupted storefront or strip windows shall be avoided. Windows shall instead be broken up into smaller groups and spaced apart to create a rhythm or pattern. Window openings are encouraged to be vertically proportioned, so that the width to height ratio is taller than they are wide.

(e) Longer building facades shall make use of a repeating pattern, expressing the structural bays of the building within, with the use of features such as repeating window groups, columns, or other features which help to tie the design together.

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

(a) Facades with an overabundance of different materials or colors are discouraged. When using more than one facade material or color, one material shall be used as the dominant primary theme, with the others used more sparingly as secondary materials or colors to accent the design.

(b) Changes from one facade material or color to another shall occur at a hard-edge or bump-out transition in the facade that gives the material a surface to terminate into. Material or color changes from one wall to another shall occur at an inside corner.

(c) Exterior building material colors should typically be a natural, subtle, muted shade and of low reflectance. Brighter, more vibrant colors such as bright red or yellow should generally be reserved for minor accents and highlights only. Examples of colors which are likely to be incompatible include basic primary colors, neon, fluorescent or those which are highly reflective or metallic.

(d) Window and door openings in masonry facades should visually show a lintel above the opening which is carrying the weight above, instead of hidden steel plates.

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

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

(a) All exterior lighting shall be dark skies compliant, provided from full cutoff, downward-facing fixtures which prevent any light emitted above the 90° horizontal to minimize night sky pollution, glare and spillover onto adjacent properties, unless otherwise noted below.

(b) Light quality and color. Exterior lighting should be provided from induction or LED (light emitting diode) fixtures to provide quality light while minimizing energy use, provided the color temperature of the light is between 2,500K and 3,800K. Mercury vapor and low pressure sodium lamps are not recommended.

(c) Light intensity. Exterior lighting for parking lots and pedestrian areas is encouraged to remain at the lowest acceptable footcandle levels wherever possible to reduce energy use, glare and night sky pollution.

(d) Parking lot lighting. Light fixtures located within the interior area of a parking lot shall not exceed 25 feet in height. Light fixtures located along the perimeter edge of a parking area shall not exceed 18 feet in height.

(e) Walkway lighting. Light fixtures located along pedestrian walkways or paths internal to the site shall not exceed 15 feet in height.

(f) Facade lighting. Decorative facade lighting, where used, shall only direct the light downward on the facade. Upward-facing facade lighting shall only be permitted in instances where it is installed underneath a canopy, porch or roof overhang which will fully capture the upward light spill.

(g) Security lighting. Security lighting is encouraged to be provided from regular pedestrian fixtures where possible, especially in areas visible from the public road. Where dedicated security wall packs are necessary, it is recommended that they operate on motion sensor activations to limit use.

(h) Vehicular canopy lighting. Light fixtures located underneath vehicle canopies, porches or similar.

(i) Sign lighting. Lighting for freestanding monument signs may be mounted above the sign or below at grade. If mounted at grade and pointing up at the sign, the lamp must direct the light only as needed onto the surface of the sign.

(j) Landscaping lights. Decorative landscaping lighting, if used, shall be designed to direct the lighting downward into the planted areas whenever possible. Upward-facing landscape lights may be permitted provided they are low voltage systems which are equipped with automatic switching to turn off the lights no later than one hour after the site is closed to the public, or 10:00 p.m., whichever is earlier.

(k) Lighting style. Lighting poles and exterior fixtures should be chosen to complement the design character of the building architecture.

(l) Holiday or event lighting. None of the provisions above shall be interpreted to limit the temporary use of decorative lights for holidays or special events.

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

(a) All loading, dumpster and storage areas should be located in the rear of the facility and out of sight from the public road.

(b) All loading and dumpster areas should be screened from view with landscaping or fencing which is compatible with the exterior materials of the building.

(c) Ground- and rooftop-mounted mechanical equipment such as HVAC heating and cooling systems or transformer pads shall be located and screened to minimize visibility from the public road. This provision shall not apply to rooftop- or ground-mounted solar systems.

(d) All new utility lines serving private commercial or residential properties shall be buried underground.

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

(a) The promenade should create a unique and beautiful waterfront passage parallel to Annsville Creek shoreline with minimal intrusion into the natural landscape, adding points of interest and design features which provide a continuity of interest.

(b) The design character of the promenade is intended to be flexible to account for the customized designs and compatibility of individual properties, recognizing the Planning Board shall establish minimum requirements that will accommodate the opportunities and constraints of the subject property.

(c) The promenade should be approximately 10 feet to 15 feet wide, with drainage swales or buffers along either side.

(d) Wayfinding and identification signage is encouraged to be provided along the promenade to orient and attract visitors and to interpret the history of the setting.

(e) Benches and pedestrian-scaled lighting shall be provided at a ratio of one each per 150 feet or as otherwise established by the Planning Board as necessary and appropriate for the subject property.

F. Findings and decision.

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

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

(a) SEQRA. That all requirements of SEQRA have been met, including the required findings under that law.

(b) Development capacity. That the proposed project, including the incentive, can be adequately supported by the public facilities available or provided as a result of the project, including but not limited to sewer, water, transportation, waste disposal and fire protection, without reducing the availability of such facilities for projects permitted as of right under the Town of Cortlandt Code.

(c) Public benefit. That the public benefit realized by the amenity provided by the applicant is commensurate with the incentive granted.

(d) Project quality. That the project is in harmony with the purpose and intent of this section and with the stated objectives and will promote the purposes herein, that the project is sufficiently advantageous to render it appropriate for grant of an incentive and that the project will add to the long-term assets of the Town of Cortlandt.

(e) Comprehensive Plan. That the use of incentive zoning for the particular project is consistent with the Comprehensive Plan.

(f) The reviewing board may impose conditions on a project to ensure that the above findings are ensured through the subsequent plan review and construction phases of the project.

§ 307-96.2 Medical-Oriented District.

[Added 3-20-2023 by L.L. No. 2-2023]

A. Definitions. Unless otherwise defined herein, the general definitions in Chapter 307 shall apply.

ASSISTED LIVING RESIDENCE

A certified adult home or facility approved by New York State as an assisted living residence (ALR), which provides housing and personal care services and/or home care services (either directly or indirectly) in a home-like setting to five or more adult residents unrelated to the assisted living provider. ALRs must also provide daily food service, twenty-four-hour, on-site monitoring, case management services, and the development of an individualized service plan for each resident. ALRs shall provide each resident their own room, a small apartment, or a shared space with a suitable roommate. Residents share common areas, such as the dining room or living room, with other people who may also require assistance with meals, personal care and/or home care services. Assisted living residence facilities may also include memory care units and independent senior housing units with services.

COVERAGE, LOT

Percentage of the lot area covered by the combined area of all impervious surfaces on a lot, including buildings or structures, paved areas (including gravel and permeable pavement), at-grade decks, patios, and swimming pools, but not including architectural landscape features or at-grade landscape features provided above an underground parking deck.

DWELLING

A building that contains one or two dwelling units, used, intended or designed to be used, rented, leased, let or hired out to be occupied for living purposes.

DWELLING UNIT

(1) One or more rooms in a dwelling designed and equipped for one family to occupy separately as a housekeeping residence, reserved exclusively for the occupants of such room or rooms, with provisions for living, sleeping, eating, cooking and sanitation and having no enclosed space (other than vestibules, entrance hallways or porches) or cooking or sanitary facilities in common with any other dwelling unit.

(2) Every dwelling unit shall contain a minimum of 600 square feet of habitable space, and every room occupied for sleeping purposes shall contain a minimum of 80 square feet per occupant. Units in an assisted living, memory care, or independent living setting shall not be required to meet the minimum dimensional requirements stated in this subsection.

INDEPENDENT SENIOR HOUSING WITH SERVICES

Apartments that include one or more of the following supportive services: meals, housekeeping, some assistance with personal care, transportation, socialization activities, laundry, and/or a resident/service coordinator who helps residents access other services and programs from community-based agencies.

MEDICAL-ORIENTED DISTRICT (MOD)

A mapped, overlay district including the existing New York Presbyterian Hospital Center and the abutting parcels to the west and the parcels located across from the hospital campus with frontage on Route 202/Crompond Road. The Medical-Oriented District is a zoning district where patients can access a range of health services (in partnerships between hospitals, private practices, commercial entities, and municipalities) and other complementary uses in one central area. The intent of the MOD is to create a healthy, mixed-use, neighborhood-scale district that benefits residents and employees who reside in the district as well as patients and families visiting the MOD.

STUDIO

A studio is a single residential unit in which the bedroom, living room and kitchen are all located in the same room. For purposes of bedroom count, a studio is a one-bedroom unit.

B. Permitted uses.

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

(a) Medical uses, including hospitals; specialty hospitals/clinics; rehabilitation centers; primary care facilities; walk-in/urgent care facilities; medical office space; hospice; alternative and complementary medicine; laboratories; research facilities; pharmacies; cafeterias in support of medical services; medical educational uses; birthing centers; ambulatory surgery; assisted living residences (ALR); independent senior living with services; skilled nursing facilities (SNF); memory care facilities or units as part of ALR or SNF.

(b) Residential uses. Detached, semidetached or attached one-family dwellings and multiple dwellings. All dwelling units shall be built in either a townhouse, flat, or stacked style.

(c) Dining uses (non-medical uses). Cafes, bakeries, and restaurants (except drive thru) and other food services in support of medical uses. All dining uses must be located in a building with other medical uses.

(2) Nonconforming uses and buildings.

(a) Except as otherwise provided in this chapter, the lawful use of land existing at the time of adoption of this chapter or its predecessor may be continued although such use does not conform to the regulations specified by this chapter for the district in which such land is located; provided, however, that no such nonconforming use shall be extended to occupy a greater area of land than that occupied by such use at the time of the adoption of this chapter, nor shall any such nonconforming use be moved, in whole or in part, to any other portion of the lot or parcel of land occupied by such nonconforming use at the time of the adoption of this chapter or its predecessor; provided, further, that if any such nonconforming use of land ceases for any reason for any continuous period of one year or more, any subsequent use of such land shall be in conformity with the regulations specified by this chapter for the district in which such land is located as set forth in Article XIII, Nonconforming Uses and Structures.

C. Development standards and controls.

(1) Height and bulk requirements.

(a) Dimensional requirements. Unless otherwise specified elsewhere in this section, uses permitted in the MOD Zoning District shall be required to conform to the following standards:

MOD Dimensional Requirements
Minimum lot area	10,000 square feet
Minimum lot width	100 feet
Setbacks
Front	30 feet1
Side	30 feet1
Rear	30 feet1
Maximum lot coverage	60%
Maximum building height	45 feet2

1.	Structures may also be subject to a larger nondisturbance area as further outlined in the Code.
2.	Unless otherwise noted.

(b) Townhouses. Any residential units styled as a townhouse may have a zero-foot side setback from other residential units styled as townhouses or clusters of multiple dwellings located on a MOD parcel. These dwelling units shall also not be required to meet the minimum lot area requirement or lot width requirement, but shall be no more than 2.5 stories or 35 feet above grade. Each townhouse shall be located on its own lot with common elements of a community owned by a Homeowners Association (HOA).

(c) Multiple dwellings. These units may be stacked upon each other. Clusters of multiple dwellings may have a zero-foot side setback from other clusters of multiple dwellings or townhouses located on a MOD parcel. These dwelling units shall not be required to meet the minimum lot area requirement or lot width requirement, but shall be no more than 2.5 stories or 35 feet above grade.

(d) Medical use floor area capacity. Any new building with medical uses shall not exceed 125,000 square feet of net leasable area, and 150,000 square feet in aggregate. For assisted living developments, net leasable area shall include all areas used for sleeping, eating, and recreation.

(2) Affordable units.

(a) No less than 10% of the base number of permitted residential units (excluding assisted living facilities) in a MOD project shall meet the Town of Cortlandt requirements for an affordable unit per § 307-4, Definitions. All affordable units shall be interspersed with market-rate units throughout any residential development. The facade of an affordable unit shall be indistinguishable from the facade of a market-rate unit.

(3) Parking.

(a) Parking, structured above-grade. Above-grade parking structures shall be screened from view behind primary buildings, false facades or otherwise concealed in appearance through design measures as follows:

[1] A minimum of 40% of the exterior surface area of the garage facades facing a public way or sidewalk shall be clad in materials such as brick, stone, green-wall (e.g., ivy), decorative metalwork, wood trim or other materials as approved by the Planning Board after receiving an advisory opinion from the Architectural Advisory Council (AAC) in lieu of bare structural concrete or masonry, to present an attractive appearance.

[2] In addition to any other perimeter landscaping used or required, trees shall be planted at regular intervals to align with openings in the structures along facades facing a public street or highway.

[3] All parking and security lighting shall be consistent with Town site lighting requirements and be provided with appropriately shielded, downward-facing lamps which direct the light only into the immediate parking areas as required for use.

[4] Each applicant shall submit a parking management plan. If valet parking is proposed, the feasibility of valet parking must be evaluated and approved by the Planning Board.

(b) Surface parking. When practicable, surface parking shall be located to the side and/or rear and not to the front of buildings facing Route 202. If valet parking is proposed, the feasibility of valet parking must be evaluated. The following parking standards will be applied in the MOD:

Use	Parking Requirement
Assisted living/independent senior living with services/skilled nursing	0.5 space per bed
Birthing center	1 space per bed plus 1 space for every employee
Hospital	1 per bed, plus 1 per employee in largest shift or as needed
Medical or dental laboratory	1 per 400 square feet of gross floor area
Residential uses	2 per dwelling unit
Nursing home	1 per 2.5 beds, plus 1 per employee on maximum shift
Office, medical	1 space for every 150 square feet
Pharmacy (not accessory to hospital)	1 per every 250 square feet
Restaurant/cafe/bakery	1 space per 50 square feet of dining area and such employee parking area as determined by the Planning Board to be appropriate
Specialty hospitals and clinics	4 per physician, plus 1 per employee
Walk-in urgent care	4 per physician, plus 1 per employee
An applicant may apply for reduced parking to the Planning Board under § 307-34.1 of the Town Code
A minimum of 5% of all parking spaces shall be outfitted with electric charging stations

(4) Internal property subdivision.

(a) The creation of internal property subdivisions within a mixed-use development is permitted to allow for multiple ownership of properties/uses. Any eligible site hereunder may, for purposes of dedication, the creation of rights-of-way, sale, lease, mortgage, or other disposition or financing, be subdivided or re-subdivided, converted to condominium or cooperative ownership, or otherwise divided into lots, parcels or tracts, which may be sold, leased, mortgaged, or otherwise alienated or encumbered, without regard to minimum lot area provided that at least one development from the original lot prior to subdivision is developed as a medical use.

(b) If a site meets the eligibility requirements above, then all determinations relating to lot coverage and building coverage for any lot or lots subject to internal property subdivision hereunder shall be made treating the entire site as a single unit; provided, however, that access and infrastructure shall be shared by any lot approved under this section. Reciprocal easements and/or agreements that address common access, shared parking, stormwater systems, and utilities shall be developed to ensure the future operation and maintenance of the infrastructure servicing any lot or lots approved hereunder.

(c) No certificate of completion (CC), certificate of occupancy (CO), temporary certificate of completion (TCC), or temporary certificate of occupancy (TCO) shall be issued for a nonmedical structure before the medical structure use proposed for the original lot prior to subdivision receives a CO.

(5) Screening and buffering.

(a) A minimum area of nondisturbance shall be required between a parcel designated as MOD and the nearest lot line of any existing residentially zoned parcel. Within this area of nondisturbance, no trees or other vegetation shall be permitted to be removed with the exception of dead or diseased flora and invasive species, and no excavation shall occur in the area. The nondisturbance areas shall be as follows:

[1] No disturbance, except as otherwise allowed for in this section, shall be permitted within 100 feet from the nearest lot line of a parcel located on Cypress Lane, Nancy Lane, Ridge Road, and Tamarack Drive with an existing residential unit.

[2] No disturbance, except as otherwise allowed for in this section, shall be permitted within 30 feet from the nearest lot line of a parcel located on any other adjacent street with an existing residential unit.

(b) In reviewing the development plan, the Planning Board shall consider the setback and proposed screening of all parking, buildings, and active recreation areas. Buffer and screening areas shall be left in their natural state. The Planning Board may require additional landscaping or screening (e.g., fences) to conceal utility buildings, refuse-collection areas, cooling systems, equipment, and other similar installations and features. The nondisturbance area shall not be varied or modified by the Zoning Board of Appeals or the Planning Board.

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

(7) Design guidelines.

(a) Architectural design guidelines for buildings. Architectural design should be compatible in nature and type to other projects approved or simultaneously under consideration for MOD campus designation and shall be subject to review by the Architectural Advisory Council.

(b) Signs (including wayfinding signage). Signs shall be designed in harmony with the building and established development.

(c) Lighting shall be provided per Town-designated standards and shall be of a consistent design throughout the MOD. Lighting should be designed to avoid light spillover to neighboring properties and glare.

(d) Each applicant shall include in its site plan application all sustainable features of its proposed development such as geothermal, solar, and hydroelectrical technology. All roofs shall be designed to accommodate rooftop solar panels. The Planning Board may deny an application if it deems that the proposed development insufficiently utilizes sustainable design features.

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

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

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

(11) Utilities and services.

(a) Underground lines. All power and communication lines shall be installed underground in the manner prescribed by the regulations of the government agency or utility company having jurisdiction. The applicant may request a waiver if it would cause unnecessary hardship and waiving such requirement will not have a detrimental effect on the public health, safety, or general welfare as determined by the Planning Board.

(b) Sewer and water. All buildings within the MOD shall be served by public central water and sewage treatment systems as approved by the appropriate government agency or agencies having jurisdiction thereof.

(c) Firematic protection. All buildings within the MOD shall provide adequate water for firematic protection in the form of on-site storage tanks as may be required by the Director of DOTS or their designee.

(d) Placement of utilities. Where possible, all utilities shall be placed within the right-of-way or utility easement. No building permit for land development activities (e.g., tree removal/clearing) shall be issued by the Department of Technical Services until all utility permits including but not limited to water, sewer, gas and electric have been approved by agencies having approval jurisdiction.

(e) Future utility needs. Where facilities are provided, they shall be planned in such a way as to anticipate future utility needs, and wherever reasonably feasible shall be sited to reduce the capital costs associated with any future central utility construction.

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

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

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

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

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

§ 307-96.3 Indian Brook-Croton Gorge Inter-Municipal Watershed Protection Overlay District (WPOD).

[Added 4-16-2024 by L.L. No. 5-2024]

A. Findings and purpose. The purpose of the Indian Brook-Croton Gorge Inter-Municipal Watershed Protection Overlay District is to protect the health and welfare of residents living within the boundaries of the of the Indian Brook-Croton Gorge Watershed by minimizing the potential for groundwater and surface water contamination and taking steps to limit the severity of resource degradation. The Indian Brook-Croton Gorge Watershed encompasses portions of five municipalities, including the Towns of Cortlandt, New Castle, and Ossining, and the Villages of Croton-on-Hudson and Ossining. Since the actions of upstream municipalities can have as much of an impact on a downstream municipality's land and water resources as those actions carried out locally, a commitment from all municipalities within a watershed is critical to protecting the health of its resources. The intent of this section is to create a partnership for the comprehensive management of the Indian Brook-Croton Gorge Watershed by creating provisions for:

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

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

(3) Promoting sustainable development through land use and environmental regulations; and

(4) Preserving and protecting fish, wildlife, and significant habitat; and

(5) Educating the public.

B. Definitions. For purposes of this § 307-96.3, the following definitions shall apply:

AGRICULTURAL ANIMAL WASTE

Manure and other animal waste derived from agricultural industries.

AQUIFER

A consolidated or unconsolidated geologic formation, group of formations or part of a formation capable of yielding a significant or economically useful amount of groundwater to wells, springs or infiltration galleries.

BATTERY ENERGY STORAGE SYSTEM

A rechargeable energy storage system consisting of batteries, battery chargers, controls, power conditioning systems and associated electrical equipment. The system is typically used to provide standby or emergency power, an uninterruptable power supply, load shedding, load sharing, smoothing and dispatching of intermittent renewable energy sources, or similar capabilities. A battery energy storage system is classified as a Tier 1, Tier 2, or Tier 3 battery energy storage system as follows:

(1) Tier 1 battery energy storage systems include either:

(a) Battery energy storage systems for one- to two-family residential dwellings within or outside the structure with an aggregate energy capacity that shall not exceed:

[1] 40 kWh within utility closets and storage or utility spaces.

[2] 80 kWh in attached or detached garages and detached accessory structures.

[3] 80 kWh on exterior walls.

[4] 80 kWh outdoors on the ground.

(b) Other battery energy storage systems with an aggregate energy capacity less than or equal to the threshold capacity listed in Table 1.

Table 1
Battery Technology	Capacity (kWh)
Flow batteries	20
Lead acid, all types	70
Lithium, all types	20
Nickel cadmium (Ni-Cd)	70
Nickel metal hydride (Ni-MH)	70
Other battery technologies	10

(2) Tier 2 battery energy storage systems include battery energy storage systems that are not included in Tier 1, have an aggregate energy capacity greater than the threshold capacity listed in Table 1, and have an aggregate energy capacity less than 600 kWh.

(3) Tier 3 battery energy storage systems include all the following:

(a) Battery energy storage systems with an aggregate energy capacity greater than or equal to 600 kWh.

(b) Battery energy storage systems where more than one storage battery technology is provided in a room or indoor area.

BUILDING INSPECTOR

The Building Inspector of the Town of Cortlandt.

CHLORIDE SALT

Any bulk quantities of chloride compounds and other de-icing compounds intended for application to roads, including mixes of sand and chloride compounds in any proportion where the chloride compounds constitute over 8% of the mixture. A bulk quantity of chloride compounds means a quantity of 1,000 pounds or more but does not include chloride compounds in a solid form, including granules, which are packaged in waterproof bags or containers which do not exceed 100 pounds each.

DISCHARGE

Any intentional or unintentional action or omission in the releasing, spilling, leaking, pumping, pouring, emitting, emptying, or dumping into the waters of the municipality or onto lands from which the discharged substances or material might flow or drain into said waters, or into waters outside the jurisdiction of the municipality when damage may result to the lands, waters, or natural resources within the jurisdiction of the municipality.

FERTILIZER

Any commercially produced mixture generally containing phosphorous, nitrogen and potassium which is applied to the ground to increase nutrients to plants.

GENERATOR OF HAZARDOUS WASTE

Any person or site whose act or process produces hazardous waste.

GROUNDWATER

Water contained in interconnected pores and fractures in the saturated zone in an aquifer.

HAZARDOUS SUBSTANCE

Any material, including any substance, waste, or combination thereof, which because of its quantity, concentration, or physical, chemical, or infectious characteristics may cause, or significantly contribute to, a substantial present or potential hazard to human health, safety, property, or the environment when improperly treated, stored, transported, disposed of, or otherwise managed and as defined in Chapter 263, Storm Sewers, of the Town of Cortlandt Town Code.

HAZARDOUS WASTE

See 6 NYCRR Part 371 and amendments thereto for the identification and listing of hazardous wastes.

HERBICIDE

Any substance or mixture of substances intended to prevent, destroy, repel, or mitigate any weed, including those substances defined as herbicides pursuant to Environmental Conservation Law § 33-0101 and amendments thereto.

LOW-IMPACT DEVELOPMENT (LID)

Refers to systems and practices that use or mimic natural processes that result in the infiltration, evapotranspiration or use of stormwater in order to protect water quality and associated aquatic habitat.

MANURE

Animal feces and urine.

MINING

Any operation which involves the breaking of the earth's surface for the purpose of extracting and removing raw natural materials (such as topsoil) from the premises for the purpose of sale or off-premises use.

MUNICIPAL WATER SUPPLY

Aquifers and watersheds within the Indian Brook-Croton Gorge Watershed that serve as water sources for municipal water systems.

MUNICIPAL WATER SYSTEM

A water system which provides piped water to the public for human consumption as defined and regulated by 10 NYCRR Subpart 5-1.

NATURAL RECHARGE

The replenishment of underground water reserves.

NONPOINT DISCHARGE

Discharges of pollutants not subject to SPDES (State Pollutant Discharge Elimination System) permit requirements.

OVERLAY MAP

The overlay map showing the boundaries of the Indian Brook-Croton Gorge Watershed Protection Overlay District.

PEST

Any insect, rodent, fungus or weed; or any other form of terrestrial or aquatic plant or animal life or virus, bacteria or other microorganism (except viruses, bacteria or other microorganisms on or in living man or other living animals) which the Commissioner of Environmental Conservation declares to be a pest as provided in Environmental Conservation Law § 33-0101.

PESTICIDE

Any substance or mixture of substances intended to prevent, destroy, repel, or mitigate any pest, including any substances defined as pesticides pursuant to Environmental Conservation Law § 33-0101 et seq., and amendments thereto.

PETROLEUM

Oil or petroleum of any kind and in any form, including but not limited to oil, petroleum fuel oil, oil sludge, oil refuse, oil mixed with other waste, crude oil, gasoline, and kerosene, as defined in 6 NYCRR Part 597.1(b) and amendments thereto.

POINT SOURCE DISCHARGE

Pollutants discharged from a point source as defined in Environmental Conservation Law § 17-0105 and amendments thereto.

POLLUTANT

Any material or by-product determined or suspected to be hazardous to human health or the environment as defined in in Environmental Conservation Law § 17-0105 and as defined in Chapter 263, Storm Sewers, of the Town of Cortlandt Town Code.

SOLAR FARMS

A Tier 3 energy system as defined in Chapter 255, Solar Energy Systems, of the Town of Cortlandt Town Code.

SOLID WASTE

Includes all manner of useless or unwanted or discharged solid or semisolid nontoxic, domestic, commercial, industrial, institutional, construction and demolition waste materials, except hazardous, toxic, chemical, human or rendering wastes.

STATE POLLUTANT DISCHARGE ELIMINATION SYSTEM (SPDES)

The system established pursuant to Article 17, Title 8, of Environmental Conservation Law[1] for issuance of permits authorizing discharges to the waters of the State of New York.

STEEP SLOPES

Within the Watershed Protection Overlay District, a steep slope is defined as any slope greater than 15% and as defined in Chapter 259, Steep Slopes, in the Town of Cortlandt Town Code.

STORMWATER HOTSPOTS

A land use or activity that generates higher concentrations of hydrocarbons, trace metals, or toxicants than are found in typical stormwater runoff, based on monitoring studies. For purposes of the Indian Brook-Croton Gorge Watershed Protection Overlay District, the following land uses and activities are deemed stormwater hotspots:

(1) Vehicle salvage yards and recycling facilities.

(2) Vehicle fueling stations.

(3) Vehicle service and maintenance facilities.

(4) Vehicle and equipment cleaning facilities.

(5) Fleet storage areas (bus, truck, etc.).

(6) Industrial sites.

(7) Marinas (service and maintenance).

(8) Outdoor liquid container storage.

(9) Outdoor loading/unloading facilities.

(10) Public works storage areas.

(11) Facilities that generate or store hazardous materials.

(12) Commercial container nurseries.

(13) Other land uses and activities as designated by an appropriate review authority.

STORMWATER POLLUTION PREVENTION PLAN (SWPPP)

A plan for controlling stormwater runoff and pollutants from a site during and after construction activities, as defined in Chapter 262, Stormwater Management and Erosion and Sediment Control, of the Town of Cortlandt Town Code.

SURFACE WATERS OF THE STATE OF NEW YORK

Lakes, bays, sounds, ponds, impounding reservoirs, springs, wells, rivers, streams, creeks, estuaries, marshes, inlets, canals, the Atlantic Ocean within the territorial seas of the State of New York and all other bodies of surface water, natural or artificial, inland or coastal, fresh or salt, public or private (except those private waters that do not combine or effect a junction with natural surface or underground waters), which are wholly or partially within or bordering the state or within its jurisdiction. Storm sewers and waste treatment systems, including treatment ponds or lagoons which also meet the criteria of this definition, are not waters of the state. This exclusion applies only to man-made bodies of water which neither were originally created in waters of the state (such as a disposal area in wetlands) nor resulted from impoundment of waters of the state.

WASTEWATER

Water that is not stormwater, is contaminated with pollutants and is or will be discarded as defined in Chapter 263, Storm Sewers, of the Town of Cortlandt Town Code.

WASTEWATER TREATMENT SYSTEM

Any treatment plant, sewer, disposal field, lagoon, pumping station, septic system, collection and distribution pipes, on-site disposal systems and seepage units, constructed drainage ditch or surface water intercepting ditch, or other system not specifically mentioned in this definition, installed for the purpose of transport, treatment, neutralization, stabilization, storage, or disposal of wastewater.

WATER BODY

Any body of water which exists at least three months of the year, as defined in Chapter 179, Freshwater Wetlands, Water Bodies and Watercourses.

WATER SUPPLY

The groundwater resources of the watershed, or the groundwater resources used for a particular well or community water system in the Indian Brook-Croton Gorge watershed.

WATERCOURSE

Any identifiable channel through which water flows continuously or intermittently, as defined in Chapter 179, Freshwater Wetlands, Water Bodies and Watercourses, of the Town of Cortlandt Town Code.

WATERSHED

The geographic region within which water drains to a particular wetland, water body, or watercourse, as defined in Chapter 179, Freshwater Wetlands, Water Bodies and Watercourses.

WATERSHED PROTECTION OVERLAY DISTRICT

Indian Brook-Croton Gorge Inter-Municipal Watershed Protection Overlay District. The Watershed for specific municipal water supplies, as designated on the official Watershed Protection Overlay District Map and described in § 307-96.3D of this chapter.

WELL

Any present or future artificial excavation used as a source of public or private water supply which derives water from the interstices of the rocks or soils which it penetrates, including bored wells, drilled wells, driven wells, infiltration galleries, and trenches with perforated piping, but excluding ditches or tunnels, used to convey groundwater to the surface.

WELLHEAD BUFFER

An area surrounding a municipal water system well, designated as a critical area for protecting the well, created by a 200-foot radius around each protected well.

WETLAND BUFFER AREAS

An area surrounding a wetland, watercourse or water body that is subject to the regulations specified herein. Within the Indian-Brook Croton Gorge Watershed Protection Overlay District, it is defined as the land area within 150 linear feet along the surface, away from, and around the perimeter of the outermost boundary of a wetland or watercourse or water body. A buffer is intended to provide protection from human activity and other encroachment associated with development.

[1] Editor's Note: See Environmental Conservation Law § 17-0801 et seq.

C. Applicability.

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

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

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

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

D. Boundaries.

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

(a) Indian Brook Reservoir/Indian Brook Basin: serves as a drinking water source for portions of the Town and Village of Ossining and portions of the Town of New Castle.

(b) Croton Gorge Basin and Croton River Aquifer: a water source for the Village of Croton-on-Hudson water system and a water source for individual wells within portions of the Town of Cortlandt and the Town of New Castle.

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

(a) Where area boundaries are indicated as approximately following a street, railroad, or highway line or center lines thereof, such lines shall be construed as said boundaries.

(b) Where area boundaries are indicated as approximately following lot lines, such lot lines shall be construed to be said boundaries. However, a survey plat prepared by a registered land surveyor may be submitted to the municipality as evidence that one or more properties along these boundaries do not lie within the protected area.

(c) Where the boundaries lie at a scaled distance of more than 25 feet from any parallel lot line, the boundaries shall be determined by use of the scale appearing on the Watershed Map.

(d) Where the boundaries lie at a scaled distance of less than 25 feet from any parallel lot line, the boundaries shall be construed to be the lot line.

(e) When a large parcel is bisected by the boundary, the applicant may submit a detailed topographical map of the property as documentation of those portions of the property that are within as well as outside the boundary.

(f) Where other uncertainty exists, the authorized approval agency shall interpret the Watershed Map as to location of such boundaries. The municipality may, at the applicant's expense, consult with agencies or others in determination of a project's location within a protected area and applicability of these standards.

E. Effect of district. Within the WPOD, all underlying land use district rules remain in effect, except as they are specifically modified by this chapter. In case of a conflict between this chapter and the underlying use regulations, the more restrictive shall control. Nothing in this chapter shall be construed to allow uses that are not permitted by the underlying land use district.

F. Prohibited uses and practices. The following uses shall be prohibited in the WPOD:

(1) Disposal of hazardous material or solid waste.

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

(3) The creation or manufacturing of any hazardous materials.

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

(5) Disposal of septage or septic sludge.

(6) Automobile service and gas filling stations.

(7) New underground storage of petroleum.

(8) Petroleum product pipelines.

(9) Solar farms.

(10) Vehicle storage yards/truck terminals.

(11) Contractor's yards.

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

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

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

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

(16) Junkyards.

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

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

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

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

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

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

(23) Tier 3 battery energy storage systems.

G. Performance criteria.

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

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

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

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

(5) Grading and removal of vegetation is minimized for all construction.

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

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

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

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

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

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

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

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

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

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

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

H. General provisions for wetlands, watercourses, water bodies, wetland buffer areas and steep slopes. These regulations apply to all wetlands, watercourses, water bodies and buffer areas as defined in Chapter 179, Freshwater Wetlands, Water Bodies and Watercourses, of the Town of Cortlandt Town Code and located within the Indian Brook-Croton Gorge Inter-Municipal Watershed Protection Overlay District (regardless of size):

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

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

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

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

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

(a) Buffers.

[1] Buffers along wetlands and water bodies (as defined in Chapter 179, Freshwater Wetlands, Water Bodies and Watercourses, of the Town of Cortlandt Town Code) must extend a minimum of 150 feet horizontally away from and paralleling the delineated wetland boundary.

[2] Buffers along watercourses (Chapter 179, Freshwater Wetlands, Water Bodies and Watercourses, of the Town of Cortlandt Town Code) extend a minimum of 150 feet horizontally away from and paralleling the high water mark or level of bank full discharge. In undeveloped areas, the buffer shall also be extended to include the 100-year floodplain.

[3] Buffers along steep slopes (Chapter 179, Freshwater Wetlands, Water Bodies and Watercourses, of the Town of Cortlandt Town Code) shall extend 150 feet horizontally plus two feet per 1% of slope.

(b) Buffer vegetation.

[1] Planting within buffers shall be based on a site-specific planting plan designed to maximize the buffer's capacity to intercept stormwater runoff, stabilize banks, improve water quality, and provide habitat. Planting shall incorporate:

[a] A diverse mix of perennial native species.

[b] Trees and shrubs with dense ground cover to protect soil.

[c] Salt-tolerant plants in areas where road salt is used.

[d] Steep slopes: native perennial grasses; trees and woody shrubs along the water's edge.

[e] Bank erosion control: plants with fibrous root systems; deep-rooted woody species.

(c) Allowable buffer uses.

[1] Unpaved foot paths, recreational access, revegetation planting and mitigation planting per the requirements listed above, manual removal of invasive species, removal of trees that pose a safety hazard.

(d) Restricted buffer uses.

[1] New impervious surfaces, construction of roads, structures or pipelines.

[2] Removal of vegetation or trees (except for safety purposes).

[3] Excavation and grading.

[4] Additional lawn.

[5] Constructed stormwater measures are to be used outside the buffer to direct stormwater sheet flow to the buffer.

[6] Mining.

[7] Septic tank drain fields.

[8] Agriculture and livestock.

[9] De-icing application of road salt.

[10] Waste disposal or dumping of trash, yard waste and debris.

[11] Application of pesticides, herbicides and fertilizers.

[12] Dams, water diversions, stream channelization.

[13] All other activities not specifically listed above are subject to federal, state and local permit procedures.

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

(a) The protected buffer shall be as wide as the site allows, subject to the above-listed conditions where possible, and maintaining as much vegetated cover as possible within 150 feet of wetland or watercourse, especially in areas where bank erosion is evident.

(b) Alternative or additional conservation practices [including low-impact development (LID)] to reduce runoff load into a wetland or watercourse shall be applied.

I. Wellhead buffers and stormwater hotspots. Within the Indian Brook-Croton Gorge Inter-Municipal Watershed Protection Overlay District, no disturbance within 200 feet of any wellhead or stormwater hotspot shall be permitted. Wellhead buffer areas and stormwater hotspots shall be protected as follows:

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

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

J. Enforcement.

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

(a) The compliance order shall:

[1] Be in writing;

[2] Be dated and signed by the Director of Code Enforcement/Town Engineer/Building Inspector;

[3] Specify the condition or activity that violates this chapter;

[4] Specify the provision or provisions which is/are violated by the specified condition or activity;

[5] Specify the period of time which the Director of Code Enforcement/Town Engineer/Building Inspector deems to be reasonably necessary for achieving compliance;

[6] Direct that compliance be achieved within the specified period of time; and

[7] State that an action or proceeding to compel compliance may be instituted if compliance is not achieved within the specified period of time.

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

K. Penalties for offenses. Any person who shall violate any provision of this chapter shall be subject to the applicable penalties under this chapter, and any other applicable code or ordinance, without limitation. The chapter penalties are:

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

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

§ 307-96.4 Downtown Neighborhood Overlay.

[Amended 7-15-2025 by L.L. No. 5-2025]

A. Purpose. The Town of Cortlandt's 2016 comprehensive plan, Envision Cortlandt, outlined four key strategies for proactively addressing economic development, sustainability, climate resiliency, and energy efficiency. One of those strategies, the Cortlandt Boulevard Area (CBA), focused on ways to "strengthen the role of Cortlandt Boulevard [Route 6] as a downtown center by permitting mixed-use, compact development along the corridor and encouraging streetscape improvements, infrastructure investments, walkability, and Complete Street policies...to help strengthen this identified commercial center and create a sense of place within the Town."

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

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

B. Core redevelopment principles.

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

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

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

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

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

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

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

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

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

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

C. District description. The Downtown Neighborhood Overlay (DNO) District focuses on smaller lots and groupings of lots that are poised to benefit from a local/infill level of redevelopment that can incorporate multifamily housing into a mixed-use strategy to provide housing units while supporting on-site or nearby retail opportunities.

D. Downtown Neighborhood Overlay (DNO) standards and conditions.

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

(a) Multifamily dwelling.

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

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

(a) Minimum lot area: 20,000 square feet.

(b) Minimum lot width: 80 feet.

(c) Maximum height: 47 feet {not including cornice/parapet height as per § 307-96.4D(4)(i)[1]}; no more than four stories maximum.

(d) Maximum ground-floor story height: 14 feet.

(e) Maximum upper-floor story height: 11 feet.

(f) Maximum building length: 240 feet.

(g) Maximum block length: 400 feet.

(h) Maximum front yard setback (except for buildings fronting on Route 6): 12 feet.

(i) Maximum front yard setback (only for buildings fronting on Route 6): 30 feet.

(j) Minimum side yard setback: 10 feet where side yard abuts a non-residential zoning district.

(k) Minimum rear yard setback: 10 feet where rear yard abuts a non-residential zoning district.

(l) Minimum lot area per dwelling unit: 1,800 square feet.

(m) Minimum percentage affordable: 10%.

(n) Maximum building coverage: 50%.

(o) Minimum landscape coverage: 10%.

(p) Maximum building floor area: n/a.

(q) Parking: Off-street parking for multifamily residential uses in the overlay should include 1.5 spaces per unit. Shared parking strategies can be employed to allow for a reduction in the overall number of parking spaces for all uses on a lot.

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

(a) To promote a more vibrant, integrated downtown neighborhood, a mix of multifamily residential and permitted non-residential uses is encouraged in the DNO. Uses may be vertically mixed within the same building, or provided in different structures on the same lot.

(b) Where a vertical mix of uses is proposed within the same building:

[1] The ground-floor frontage facing a public street should include non-residential uses. Buildings with ground-floor non-residential shall have ground-floor architectural articulation such as storefronts with a secondary cornice and architecturally emphasized entrance doorways, and an overall facade pattern that differentiates between the base, middle, and top of the building.

[2] The rear portion of the ground floor may contain dwelling units if fully separated internally from the non-residential uses.

[3] Access to dwelling units located to the rear and/or above the street level must be provided from an enclosed lobby or corridor and stairwell. A person entering a dwelling unit from the ground floor must not pass through the non-residential use located on the first floor of the building. Unenclosed or partially enclosed exterior stairwells are prohibited.

[4] There shall not be any non-residential uses above a floor that contains dwelling units.

(c) Where residential uses extend to the ground floor facing a public or internal street, appropriate transitions between the public and private realms shall be incorporated to ensure the streetfront is activated while maintaining an appropriate level of privacy for residents. Provision of a transitional six- to 10-foot building setback from the public sidewalk is preferred where lot depth allows, in conjunction with additional techniques where possible such as:

[1] Raise the ground floor of the building three to five feet above the adjacent sidewalk grade.

[2] Incorporate a planting strip (flush or raised) for a minimum of the outer two feet of the setback, along the property line.

[3] Provide landscaping within the setback, either at grade or layered at varied levels.

[4] Incorporate a railing or fencing to help distinguish between the public and private realms; all such railings/fencing shall be no more than three feet six inches in height and shall be a minimum of 75% transparent for any portion of the height above two feet.

(d) All projects shall include a robust sidewalk network, street trees, landscaping, lighting, and other such pedestrian and public amenities to foster a vibrant, walkable neighborhood. Sidewalks along ground-floor non-residential uses and those connecting to interior parking areas shall be a minimum of 12 feet wide.

(e) Except for on-street parking, parking and vehicular circulation should be located to the side/rear of the front building line of any building that fronts on Route 6 to the maximum extent practicable, and shall be located to the side/rear of the front building line of any buildings fronting on any public/internal street other than Route 6. Parking areas shall be visually de-emphasized from the public street frontage.

(f) The Town prioritizes extension of an interior street grid to improve traffic distribution between properties in order to reduce local trip reliance on Route 6. Where opportunities are identified to create and/or improve the street grid, new interior street connections shall be pursued. Where such connections are not yet feasible, as determined by the Planning Board, the arrangement of buildings, streets, and other site design elements shall not preclude such future connections. Every effort should be made to achieve an average block perimeter of no more than a quarter mile.

(g) Street design should comply with the following standards:

[1] Lane width: 10 feet to 11 feet.

[2] Curb radius at intersections in mixed-use blocks: 15 feet to 25 feet.

[3] Curb radius at intersections in residential blocks: 10 feet to 20 feet.

[4] On-street parking width: seven feet to eight feet.

[5] Sidewalk widths: five feet to eight feet in residential-only areas, 12 feet to 20 feet in mixed-use areas.

(h) Per § 168 of the Town Code, projects shall contribute to a recreation fund to support the creation of quality public spaces appropriate in scale and function to the overall neighborhood, versus on a site-by-site basis, unless the Town determines that provision of outdoor recreation can be adequately provided for on the same lot being redeveloped.

(i) Additional architectural design principles.

[1] Flat roofs with decorative cornices and/or parapets are required on buildings of three or more stories. Such buildings shall have cornice or top-floor edge features, which may extend up to 42 inches above the main roofline; the height of the cornice/parapet features shall not be included in the overall building height calculation.

[2] Where a four-story building is proposed, top-floor setbacks may be considered along any facade facing a public or internal street.

[3] Unnecessarily complicated architectural designs should be avoided in favor of simple, classic proportioning that highlights the horizontal organizing principle of base/middle/top and applies appropriate vertical organization. Excessive variations to rooflines and building facades should be avoided.

[4] Storefronts for nonresidential uses should maximize the allowable ground-floor height of 14 feet where possible, with the architectural treatments of the storefront extending up to avoid blank facade areas below the second-floor cornice line.

[5] Except for ground-floor nonresidential storefront spaces, window proportions should be vertical in nature (taller rather than wider).

[6] Mechanical systems, vent pipes, elevator shafts, antennas, roof decks and/or gardens, solar collectors, and other rooftop accessory structures may project up to 15 feet above the maximum height. With the exception of roof decks and solar collectors, such projections shall occupy no more than 20% of the roof area and must be set back at least 15 feet from the front edge of the roof.

(j) Every effort should be made to incorporate meaningful energy efficiencies such as solar, geothermal, or other green technologies into a project, either within the building envelope(s) and/or as part of larger site-wide systems.

(k) Signage for ground-floor nonresidential storefronts in buildings containing multifamily residential.

[1] Allowed sign types are projecting, wall, and/or window.

[2] Per storefront, a maximum total permanent sign area of one square foot per two lineal feet of storefront, up to a maximum of 20 square feet.

[3] Storefront signage shall be nonilluminated or externally illuminated. Internal illumination of storefront signage is prohibited.

(l) Signage per lot. Each lot redeveloped to include multifamily residential is permitted one freestanding sign not to exceed 16 square feet in area and six feet in height.