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Public Hearing - Zoning Amendment Licensed Day Care Center

Release Date: August 23, 2006



            PLEASE TAKE  NOTICE that the PLANNING BOARD of the TOWN OF CORTLANDT will conduct a Public Hearing pursuant to a referral from the Cortlandt Town Board requesting a recommendation to amend the text of the Town of Cortlandt Zoning Ordinance (Chapter 307) for a Special Permit to allow for the conversion of an existing structure to a licensed nursery/day care center pursuant to the standards and conditions as set forth therein.

            Said Public Hearing will be held on Wednesday, September 6, 2006 at 8:00 P.M., or as soon thereafter as possible, in the Vincent F. Nyberg General Meeting Room at Cortlandt Town Hall, 1 Heady Street, Cortlandt Manor, New York, to receive public comments and input, with respect to the proposed amendment to the Town of Cortlandt Zoning Ordinance (Chapter 307) as follows:

Amend Chapter 307 of the Code of the Town of Cortlandt by adding a new Section 307-65.4 for a Special Permit as follows:  

307-65.4  Conversion of Existing Structure to Licensed Nursery/Day Care Center

A.  Purpose:  The Town recognizes that safe, well situated facilities should be provided in the Town to meet the needs of nursery care, day care and child education programs.  The Town further recognizes that such facilities should be provided in a manner that does not disrupt residential neighborhoods while providing such neighborhoods with access to such facilities.  The purpose of this section is to allow for certain types of nursery/day care center facilities that are most compatible in certain residential zoning districts and to establish standards which ensure protection of those neighborhoods.

B.  Application Requirements:  A site development plan showing the location of structures, recreation areas, parking and drop-off areas and other requirements or conditions of a site development plan shall be submitted as part of the application for a special permit.  Site Development Plan approval shall be as required by Section 307-66.

C.  Standards and Conditions:

            (1)              The minimum lot area on which a nursery/day care center shall be

                        located is two and a half acres (2.5 acres).

            (2)            The structure to be converted to such center must be an existing

                        structure with a minimum of 5,000 square feet, having setbacks

                        from property lines from all sides of a minimum of seventy five feet (75').

            (3)            The lot must be located in the R-40 or R-80 Residential Zoning District.

            (4)            The lot must be located on a public road.

            (5)             Application requirements.  Upon receiving a complete application for

                        a special permit, the Planning Board shall forward the application to the

                        Town Departments of Technical Services and Environmental Services

                        for recommendations regarding all applicable Town Codes and to the

                        Fire Advisory Board and to the Police Department for recommendations

                        regarding public safety.

            (6)            Hours of operation.  All activities open to the public shall be carried

                        on during hours as determined by the permit-granting authority.

            (7)            Fencing, landscaping and other buffering techniques shall be

                        provided in such a manner as to mitigate noise, glare, visual and

                        other adverse impacts on adjoining properties.

            (8)            Inspection.  The Director of the Department of Technical

                        Services and his or her designee shall be granted access

                        to the areas of activity at all reasonable hours to inspect

                        the same for compliance with the conditions of any special permit.

            (9)            Permits hereunder shall be issued for terms of five (5) years and

                        may be renewed by the Planning Board.  Anytime prior to the

                        expiration of any permit issued hereunder upon receipt of a request

                        for renewal by the property owner and/or revision of such permit,

                        and upon publication and notice as provided in Section 307-41B

                        and C of this chapter, the Planning Board will schedule a public

                        hearing to be held to consider the renewal of any permits

                        hereunder for an additional five-year period or the revision

                        of any such permit.  Upon a finding that the permit holder has

                        substantially complied with the prior permit, the Planning Board may

                        extend the permit for an additional five-year period.  The same

                        renewal process shall occur for any permit or renewal granted


            (10)            Traffic Controls.  The Planning Board shall consider and may

                        require as appropriate in their judgment any combination of

                        the following:

                        (a)            Personnel to provide for the control of traffic coming

                                    to and leaving from the site during functions.

                        (b)            The use of buses and/or vans to provide the

                                    transportation to and from the site and may specify

                                    the vehicle size and type and the travel route to be


                        (c)            Limited or no on-street parking.

                        (d)            The number and location of off-street parking spaces

                                    consistent with the standards in Article VII of this chapter.

            (11)            Conditions of Operations.

                        (a)            Programs.  The Planning Board may establish reasonable

                                    limits for all special permit uses, including, but not

                                    necessarily limited to, maximum number of participants

                                    per program, maximum number of programs per day,

                                    minimum time interval between programs and/or the

                                    starting times thereof, bus/van transportation, registration

                                    and scheduling records.

                        (b)            All activities shall be operated pursuant to the regulations

                                    of this chapter and the conditions of the special permit.

                                    Upon failure to do so, the special permit may be rescinded

                                    after a public hearing thereon at which the permittee shall

                                    have an opportunity to be heard.

            (12)            Records.  Program registration and scheduling records shall be

                        maintained by the owner for at least the three (3) most recent years

                        for the duration of the special permit and shall be available for

                        inspection by authorized Town representatives, upon reasonable

                        notice during normal business hours.

            (13)            The Planning Board may, in granting a special permit for a

                        nursery/day care center, requires such conditions and regulations

                        as to the operation and conduct of such center as it may deem proper

                        and appropriate for the safety, health and welfare of the children and

                        employees of such center.

Anyone interested in addressing comments on the above to the Planning Board may do so by appearing in person at the above time and place or by submitting their written comments to the Cortlandt Planning Office no later than 3:00 P.M. on September  6, 2006.


Dated:  August 22, 2006                                                        Steven Kessler
Cortlandt Manor, New York                                                 Chairman
PB 21-06