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Public Hearing - Residential Reuse Special Permit (RRUSP)

Release Date: November 20, 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 to add a new Section 307-94.1 for a Residential Reuse Special Permit.

Said Public Hearing will be held on Tuesday, December 5, 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 amendments to the Town of Cortlandt Zoning Ordinance (Chapter 307) as follows:

Add new section 307-94.1 for a Residential Reuse Special Permit under Article XV (Special Zoning Districts) to read as follows:

Section 307-94.1  Residential ReUse Special Permit  (RRUSP)

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 multi-family developments to replace pre-existing non-conforming multi-family developments for sale or as rentals.

(2)   Provide affordable housing units within multi-family developments.

(3)   The intent is to achieve demolition of pre-existing 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 re-use of smaller bungalow type developments in 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 pre-existing non-conforming multi -family residential units. “Multi-family” meaning 3 or more units.

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

(3)   A minimum of 20% of the final unit count shall meet the Westchester County definition of affordable housing or a fee in lieu of affordable units shall be contributed to the Town’s Affordable Housing Fund  for purposes of promoting 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 in 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 non-conforming structures.  Building height. The maximum permitted building height within a RRUSP shall be 35 feet.

(2)   The total number of bedroom shall not exceed an average of 2 bedrooms per unit.

(3)   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.

(4)   Utilities and services shall be provided as required by the Town.

(5)   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 Section 307-73.

D.  Application procedure.

      The applicant is encouraged, prior to formal submission of his/her application for Residential ReUse Special Permit  meet in a pre-application 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. 

      The application and approvals procedure is as follows:

Step 1: Submission of the application to the Town Board. 

The applicant shall submit his application for this Special Residential ReUse Special Permit and Site Development Plan Approval to the Town Board. If the Town Board allows the application to proceed, the RRUSP application and application for Site Development Plan approval is referred to the Planning Board.

The application for Special Permit and Site Development Approval shall consist of the following, of which a minimum of 25 copies shall be submitted to the Town Clerk.

      Site Development Plan.  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 & 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.

(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

(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 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 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).  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.

(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

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

(15)     Fee.  The application and supporting documentation shall be accompanied by a filing fee as set from time to time by the Town Board. (Recommended at the time of the adoption of this ordinance of $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.

(16)     Legal assurances.  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.

(17)     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.

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

(19)     Public hearing on Special Permit and Site Development Plan. During the SEQRA process the Town Board and/or Planning Board shall hold several public hearings on the application with appropriate legal notice.

(20)     Joint Meeting with the Town Board and Planning Board: After the submission to the Town Board, the application will be reviewed at a Joint meeting of the Town Board and Planning Board.

(21)     Other referral.  To further assist in its rezoning review, the Town Board and/or Planning Board may refer the proposed Site Development Plan any such agencies or officials of the town, county or state government as the Board may determine appropriate.

Step 2.  Review of the RRUSP Special Permit Application and Site Development Plan by the Planning Board. The RRUSP Application and Site Development Plan application is referred to the Planning Board for their full environmental (SEQRA) review and public hearing, after which they will make their recommendation to the Town Board.  During this step, if the Town Board deems it necessary, it may schedule additional Joint Planning Board/Town Board meetings. 

Upon completion by the Planning Board of a full SEQRA Review, including the adoption of a Findings Statement, the Planning Board will then recommend to the Town Board that the Special Permit be approved or denied.

Step 3:  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 Special Permit application and Site Development Plan.   If the application is disapproved, reasons shall be stated.

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 December 1, 2006.


NOVEMBER 13, 2006
PB 34-06