A.
The Zoning Map entitled "Amended Zoning Map of the Town of Athens
Adopted by Local Law No. 3 of the year 2019 on December 16, 2019"
is hereby adopted as part of this chapter.[1]
[Amended 10-7-2013 by L.L. No. 1-2013; 6-6-2016 by L.L. No. 1-2016; 12-16-2019 by L.L. No. 3-2019]
[1]
Editor's Note: A copy of the Zoning Map is included as an attachment to this chapter.
B.
The Town of Athens Zoning Map shows a division of the Town into the
following districts:
|
OS
|
Open Space/Conservation
| |
|
Ag
|
Agriculture
| |
|
Rr
|
Recreation Residential
| |
|
Ru
|
Rural Residential
| |
|
Ru-1
|
Rural Residential 1
| |
|
Ru-385
|
Rural Residential/Route 385 Corridor
| |
|
MUC
|
Mixed Use Commercial
| |
|
LI-1
|
Light Industrial-1
| |
|
LI-2
|
Light Industrial-2
| |
|
H
|
Hamlet
| |
|
HLW
|
Hollister Lake Watershed Overlay
| |
|
BLW
|
Black Lake Watershed Overlay
| |
|
GLW
|
Green Lake Watershed Overlay
|
C.
In addition to the general mapped districts, there is permitted the
following district(s) formed by amendment to this chapter:
|
PUD
|
Planned Development District
|
A.
Open Space/Conservation District. This district is established to
include waterways, lands subject to flooding, areas with excessive
slopes and other environmental sensitivities in order to protect those
natural resources, prevent flooding and reduce drainage and erosion
problems through low density of development and other land use controls
oriented towards environmental protection.
B.
Agriculture District. This district is established to include lands
and soils with medium and high agricultural viability and to encourage
a development pattern that keeps agricultural land in productive use,
or ensure that it is available for future agricultural use consistent
with the Town and Village of Athens Comprehensive Plan. Further purposes
are to discourage land uses that are not compatible with agricultural
uses, to preserve open space values of farmlands, to promote active
agricultural land uses, to maintain the Town's farmland, to promote
agriculture as a component of the local economy and to maintain a
critical mass of farmland so as to prevent further fragmentation of
the Town's existing farms.
C.
Recreation Residential District. This district is intended to provide
moderate to high density residential development in a manner that
does not jeopardize either the Town's inherent beauty or rural character.
This district encompasses many seasonal and vacation homes around
Sleepy Hollow Lake in addition to permanent residents.
D.
Rural Residential District. This district is established to allow
for low density residential development consistent with a rural setting
and on lands having poor soils, rugged terrain and with access to
only local roads.
E.
Rural Residential 1 District. This district is established to accommodate
the many private homes that are situated on Route 9-W, but allows
for their possible conversion to commercial uses at a later date.
F.
Rural Residential/Route 385 Corridor. This district is established
to provide for low density residential development along the Route
385 corridor sensitive to and reflective of Athen's desire to maintain
this area as an attractive rural entrance to the Town and Village.
Maintenance of a clear boundary between the Town and Village along
the Route 385 corridor is recognized as contributing to the rural
character of both municipalities. This corridor further emphasizes
the importance of the Hudson River to the area's ecology and aesthetic
character.
G.
Mixed Use Commercial District. This district is established to provide
for commercial development in concentrated nodes along Route 9-W.
Land use controls for this district are designed to ensure that commercial
growth is of a scale and character consistent with the Town and Village
of Athens Comprehensive Plan and to minimize traffic hazards.
H.
Light Industrial Districts 1 and 2. These districts are established
to provide for manufacturing and light industrial uses that are consistent
with the Comprehensive Plan.
I.
Hamlet District. In addition to the general purpose to promote the
health, safety and general welfare of the residents of the Town, the
purpose of the Hamlet District is to foster development in the traditional
locations of settlement in the Lime Street and Leeds area and other
locations where new development has a building scale, massing, layout
and design that is consistent with the smaller lots of the hamlet
areas.
J.
Watershed Overlay Districts. The watershed overlay around Hollister
Lake is established to protect water quality in the lake as it serves
as the public water system for the Village of Athens. Watershed Overlay
Districts for Green Lake and Black Lake are established to protect
water quality in those lakes.
District boundaries shown within the lines of roads, streams
and transportation rights-of-way shall be deemed to follow the center
lines. The abandonment of roads shall not affect the location of such
district boundaries. When the Code Enforcement Officer cannot definitely
determine the location of a district boundary by such center lines,
by the scale or dimensions stated on the Zoning Map or by the fact
that it clearly coincides with a property line, the Code Enforcement
Officer shall refuse action, and the Zoning Board of Appeals, upon
appeal, shall interpret the location of the district boundary with
reference to the scale of the Zoning Map and the purposes set forth
in all relevant provisions of this chapter.
Regardless of the existence of other printed copies of the Zoning
Map which from time to time may be made or published, the Official
Zoning Map, which shall be located in the Town office, shall be the
final authority as to the current zoning status of the land and water
areas, buildings and other structures in the Town.
A.
Corner lots. Lots which abut on more than one street shall provide
the required front yards along every street.
B.
All structures, whether attached to the principal structure or not
and whether open or enclosed, including porches, carports, balconies
or platforms above normal grade level, shall not project into any
minimum front, side or rear yard. The Planning Board is authorized
to allow projection of porches no more than five feet into front setbacks
of lots created as part of a major subdivision to prevent monotony
and add visual interest to the development
C.
Nonconforming lots. In any district, notwithstanding limitations
imposed by other provisions of this chapter, a single lot at the effective
date of adoption of this chapter may be built upon, subject to the
following conditions:
(1)
Such a lot must be of single and separate ownership and not of continuous
frontage with other lots in the same ownership. This provision shall
apply even though such lots fail to meet the requirements for area,
width or depth that are generally applicable in the district; provided,
however, that front, rear and side yard dimensions and other requirements
not involving area, width or depth of the lot shall conform to the
regulations for the district in which the lot is located.
(2)
If two or more lots or combinations of lots and portions of lots
with continuous frontage are in single ownership at the time of the
passage or amendment of this chapter and if all or part of the lots
do not meet the requirements for lot width and area as established
by this chapter, the lands involved shall be considered to be an individual
parcel for the purpose of this chapter, provided further that no portion
of said parcel may be used or sold which does not meet lot width and
area requirements established by this chapter, nor may any division
of the parcel be made which leaves remaining any lot width or area
below the requirements stated in this chapter without obtaining an
area variance from the Zoning Board of Appeals. Should such an application
be made, the Zoning Board of Appeals shall give all due deference
possible to grant such an area variance.
(3)
Any nonconforming lot shall be considered buildable if it meets New
York State Department of Health and other state requirements or Town
Engineer requirements for water wells and septic systems.
D.
Adjustment of front yard depth. Where a lot is divided by one or
more zoning districts or municipal boundary lines, any building or
land use established thereon shall comply with the regulations of
the district in which such building or land use is located. All requirements
of this chapter, including yards and other dimensional requirements,
shall be met on property located within the Town of Athens.
E.
Lot frontage exceptions:
(1)
Culs-de-sac. Use of culs-de-sac are discouraged in the Town of Athens.
Where the Planning Board finds that use of a cul-de-sac road is necessary,
an exception to the lot frontage requirement may be granted for lots
located within a cul-de-sac, where all lots shall have a minimum lot
frontage of 50 feet, as measured along the right-of-way of such cul-de-sac.
(2)
Flag lots. Exception to lot frontage requirements may be granted
for lots designed as flag lots in the Ru district, provided that:
(a)
In the opinion of the Planning Board, the character of the land
precludes typical subdivision development, or a unique and desirable
lot can be created.
(b)
The creation of a flag lot is not to circumvent typical subdivision
with the internal street development and does not negatively impact
continuing use of farmland.
(c)
The proposed lot has a minimum lot frontage of 40 feet, as measured
along the right-of-way of the fronting highway, and shall be no less
than 25 feet throughout the entire length leading to the buildable
portion of the lot, and there shall be 200 feet at the building line.
(d)
The required setbacks can be met when measured from the point
where the lot meets the required minimum lot width for that zoning
district.
F.
General land use controls.
(1)
No building or land shall hereafter be used or occupied and no building
or part thereof shall be erected, moved or altered unless in conformity
with the regulations herein specified for the district in which it
is located.
(2)
No building shall hereafter be erected or altered to exceed the height,
to accommodate or house a greater number of families, to occupy a
greater percentage of lot area or to have narrower or smaller rear
yards, front yards, side yards or inner or outer courts than is specified
herein for the district in which such a building is located unless
such structure or lot is part of an approved clustered or conservation
subdivision.
(3)
No part of a yard or other open space about any building required
for the purpose of complying with the provisions of this chapter shall
be included as a part of a yard or other open space similarly required
for another building unless such open space is part of an approved
clustered or conservation subdivision.
Any use not listed in the Schedule of Uses (§ 180-10) shall be deemed prohibited.
All permitted uses, and uses permitted as special uses, are
listed in Table 1.[1]
[1]
Editor's Note: Table 1 is included at the end of this chapter.
A.
Any change of a land use or existing structure to a use permitted
by right without site plan review or a special use permit as indicated
in Table 1 shall not require approval from the Planning Board.
B.
For all other changes of use of land or of existing structures, site
plan review and/or a special use permit shall be required as indicated
in Table 1. Once a special use permit has been granted, it shall run
with the land and apply to the approved use.
(1)
A special use permit shall be required when there is any change of
use of land or existing structure from one that has not required a
special use permit or site plan review to one that does require a
special use permit or site plan review.
(2)
Any time an approved special use changes to a different use that
also requires a special use permit, it shall also require the granting
of a new special use permit and site plan approval.
(3)
Once a special use permit has been granted, any change in intensity
of use of premises which will require a modification of existing means
of access or egress, parking or loading facilities, drainage, utilities,
landscaping, signage, screening or outdoor lighting, or of the exterior
facade of a nonresidential or mixed use building in the Hamlet, commercial
and Ru-1 Districts, shall also require the granting of a new or amended
special use permit.
A.
Table 2 lists all required densities and dimensions.[1]
[1]
Editor's Note: Table 2 is included at the end of this chapter.
B.
Calculating density.
(1)
Ag, Ru-385, OS, Ru and all Watershed Overlay Districts net acreage
calculation. In order to meet the goals of the Town and Village of
Athens Comprehensive Plan and the purposes of this chapter, in the
Ag, OS, Ru-385, Ru and Watershed Overlay Districts, density shall
be determined by the net density method to account for environmental
limitations that may be present on a parcel. For these districts,
a net-density method of calculating development potential on a parcel
shall be determined as follows:
(a)
All acreage of land on a parcel in steep slopes greater than
25% as open water, including ponds, lakes and streams, as federally
or state-designated wetlands, excluding the one-hundred-foot buffer,
and on lands contained within a one-hundred-year floodplain shall
be deducted from the total acreage of the parcel.
(b)
The density requirements of Table 2 shall be applied to the
resulting net density, or buildable portion, of the parcel.
(c)
The adjusted net density calculated to be available after exclusion of the types of lands pursuant to Subsection B(1) above is the total and maximum development potential for a particular parcel. All density calculations shall be rounded to the nearest whole number of dwelling units or principal buildings. Once this full development potential has been reached through subdivisions, no further density or subdivision activity shall be allowed.
(2)
MUC, LI, H, Rr and Ru-1 Districts gross acreage calculation. The
density requirements of Table 2 shall be applied to the gross acreage
of the parcel. This density of development is the total and maximum
development potential for a particular parcel. Once this full development
potential has been reached through subdivisions, no further density
or subdivision activity shall be allowed.
C.
Average lot sizes. The Planning Board may utilize an average lot
size requirement instead of using a minimum lot size requirement when
such method will result in more protection of open spaces, environmental
features or aesthetic character than would normally occur using the
dimensions of Table 2 for that district. Under no circumstances shall
use of average lot sizes result in a greater density of development
than allowed for that district as per Table 2.
D.
Monitoring lot subdivisions. In order to help ensure proper monitoring
of subdivisions over time, the following procedures shall be followed:
(1)
An official parcel map indicating existing lots, parcel numbers and
land ownership shall be established along with an official register
containing this information.
(2)
The Town shall maintain a record of the estimated allotment of lots
and dwelling units possible under this chapter for each parcel under
review.
(3)
A property owner submitting a subdivision plan shall be required
to specify on his/her plan, and on any approved final plat, which
lot or lots shall carry with them the right to erect or place any
unused allocation of dwelling units the tract may have and which lands
shall be reserved in perpetuity as open spaces.
(4)
As allotments are used up, the official parcel map and register shall
be updated to reflect these changes.
(5)
The official parcel map and register shall be maintained by the Planning
Board upon final approval of each subdivision and copies made available
for inspection by the public.
A.
Multifamily dwellings. Multifamily dwellings shall require a special use permit and site plan review and shall meet requirements of § 180-42. In no case shall the density exceed six dwelling units per acre, provided New York State Department of Health requirements for wastewater treatment systems and potable water are met.
C.
Incentives and density bonuses.
(1)
Purpose. Pursuant to § 261-b of the New York State Town
Law, the Town of Athens hereby establishes a program to encourage
the preservation of open space and agricultural lands and the provision
of facilities and amenities that would benefit the Town by providing
incentive(s) to applicants seeking approval of a subdivision or site
plan. The Planning Board may grant zoning incentives that are in compliance
with the Town and Village of Athens Comprehensive Plan and with the
provisions of this section. As set forth below, the Planning Board
has established standards for the proper application of incentive
zoning and the specific findings that shall be made prior to approving
an adjustment to the maximum unit density requirements of this chapter.
(2)
Applicability.
(a)
The incentives set forth in § 180-13C(3) herein shall be applicable to parcels in Zoning Districts Rr, Ru, Ru-1, Ru-385 and Hamlet and for which an application has been filed for approval of a subdivision pursuant to the Town of Athens Subdivision Law[1] or an application for approval of a site plan pursuant
to this chapter.
(b)
Where an application seeks both subdivision and site plan approval,
the project shall be considered in its entirety and incentives shall
not be granted separately for both approvals.
(c)
Incentives shall be granted only when the community benefits
or amenities offered would not otherwise be required or likely to
result from the applicable planning process before the Planning Board.
(d)
Such benefits shall be in addition to any items that are or
would be required under other provisions of this chapter or state
law, including any mitigation measures required pursuant to the State
Environmental Quality Review Act.[2]
[2]
Editor's Note: See Environmental Conservation Law § 8-0101
et seq.
(3)
Incentives. Density bonuses shall be granted in accordance with the
criteria required by Town Law § 261-b(3)(e)(iii), as adopted
by the Town Board pursuant to Town Law § 261-b(3)(a), for the
following community benefits and amenities:
(a)
Permanent conservation of natural areas, open spaces or agriculture. A bonus may be granted for the permanent preservation of open space lands when a subdivision is designed as a cluster or conservation subdivision pursuant to Article VI.
(b)
Cultural, archaeological, historic facilities or other unique
features deeded to municipality or qualified not-for-profit agencies.
A bonus may be granted for the permanent preservation of a cultural,
archaeological or historic resource or facility.
(c)
Public access or recreational. A bonus may be granted for the
creation of public recreational lands or facilities open to the public,
public access to streams, access to old railroad beds, access to other
open space lands, the provision of fishing/hunting rights, or provision
of trails and trial linkages.
(4)
Prior to adopting criteria pursuant to Town Law § 261-b(3)(e)(iii),
the Town Board shall evaluate the impact of the provision of such
system of zoning incentives or bonuses upon the potential development
of affordable housing gained by the provision of any such incentive
or bonus afforded to an applicant or lost in the provision by an applicant
of any community amenity to the Town. Further, the Town Board shall
determine that there is approximate equivalence between potential
affordable housing lost or gained or that the Town has or will take
reasonable action to compensate for any negative impact upon the availability
or potential development of affordable housing caused by the provisions
of this section.
(5)
Procedures and criteria for approval of incentives. Pursuant to State
Town Law § 261-b (incentive zoning), the following procedures
shall be followed for approval of any density bonus:
(a)
Submission of application. Pursuant to applications for utilization
of incentive zoning shall be submitted simultaneously to the Town
Board and to the Planning Board. An applicant is encouraged to present
its plans to the Town Board as early in the process as possible. The
Town Board may schedule an informal workshop to discuss the incentive
application and share information between the applicant, the Planning
Board, the Town Board and the public.
(b)
Narrative statement. A narrative statement shall be submitted
with the following information:
[1]
A description of the incentive being requested.
[2]
A description of the community amenity or benefit being offered
to the Town.
[3]
A current estimate of the market value of the proposed benefit.
[4]
A preliminary indication that there is adequate wastewater treatment,
water supply, transportation facilities, waste disposal and emergency
service protection facilities in the zoning district in which the
proposal is located to handle the additional demands of the incentive
and amenity.
[5]
An explanation as to how the amenity helps implement the physical,
social or cultural policies of the Town of Athens Comprehensive Plan.
(c)
Authorization of the utilization of incentive zoning to a specific property is subject to approval by the Town Board prior to the grant of preliminary plat or preliminary site plan approval by the Planning Board. Applicants may seek nonbinding input from the Town Board as to whether the proposal is worthy of consideration prior to the application or at any stage of the application process prior to the formal report issued by the Planning Board pursuant to Subsection C(5)(f) below.
(d)
Applications for incentive zoning shall be processed concurrently
and with the same procedures applicable to subdivisions and/or special
use/site plan approvals as set forth in this Zoning Law and the subdivision
regulations of the Town of Athens.
(f)
Prior to granting approval of the preliminary plat or site plan
based on an incentive proposal but after at least one public hearing
has been held, the Planning Board shall issue a report regarding the
incentive zoning to the Town Board. The Planning Board's report shall
include the following:
[1]
The Planning Board's recommendations regarding the proposal,
including an evaluation of the adequacy with which the benefit and
incentives fit the site and how the development relates to adjacent
uses and structures.
[2]
A SEQRA negative declaration or findings statement establishing
that the proposal will not have a significant impact on the environment.
[3]
An assessment that adequate water supply, wastewater treatment,
transportation, waste disposal and emergency protection facilities
exist to serve the development, and that such development will not
substantially and deleteriously impact upon the future development
of adjoining properties.
[4]
A statement that the benefit would not otherwise result without
the granting of incentive zoning.
(g)
Within 45 days of receipt of the Planning Board's report, the
Town Board shall hold a public hearing on the incentive zoning application.
Notice of the hearing shall be published in the official newspaper
at least 10 days prior to the date of the hearing. The Town Board
may provide for further notice as it deems appropriate.
(h)
The Town Board shall render its decision within 45 days of the
close of the public hearing. In no case, however, shall the Town Board
be compelled to approve any aspect of this incentive zoning as such
approval rests within the Town Board in its sole and absolute discretion.
The Town Board may approve, approve with modifications or disapprove
the incentive zoning application. Failure to render a determination
within said forty-five-day period shall be deemed to be a denial.
To approve incentive zoning, the Town Board shall determine that the
community benefit provides sufficient public benefit to provide the
requested incentive.
(i)
If the Town Board determines that a suitable community benefit
or amenity is not immediately feasible, or otherwise not practical,
the Board may require, in lieu thereof, a payment to the Town of a
sum to be determined by the Board. If cash is accepted in lieu of
other community benefit or amenity, provision shall be made for such
sum to be deposited in a trust fund to be used by the Town Board exclusively
for specific community benefits authorized by the Town Board.
(j)
After the Town Board has rendered a decision, the record of
decision shall be referred to the Planning Board for preliminary and/or
final approval of the application with or without incentives, as prescribed
by the Town Board. If the Town Board resolves to permit incentive
zoning, no subsequent approval or permit or approval by any official,
board or agency of the Town shall materially alter any condition imposed
by the Town Board, and in the event that any permit or approval by
any agency within or without the Town materially alters any such condition,
the project may not proceed until and unless the Town Board approves
the modification in its sole discretion.
(k)
The Town Board may engage a consultant to assist in review of
the application, the cost of which will be borne by the applicant.
(l)
Compliance with SEQRA. All applicable requirements of the State
Environmental Quality Review Act[4] shall be complied with as part of the review and hearing
process. If a generic environmental impact statement has been prepared
by the Town Board in enacting or amending this section, an applicant
will pay a proportionate share of the cost of preparing such impact
statement.
[4]
Editor's Note: See Environmental Conservation Law § 8-0101
et seq.
The lawful use of any building or land existing at the time
of the enactment or amendment of this chapter may be continued although
such use does not conform to the provisions of this chapter as follows:
A.
Nonconforming structures.
(1)
Unsafe structures. Any structure or portion thereof declared unsafe
by the Code Enforcement Officer may be restored to a safe condition.
(2)
Alterations. A nonconforming building may not be reconstructed or
structurally altered during its life to an extent exceeding 50% of
the existing footprint of the building unless said building is changed
to a conforming use.
(3)
Restoration. No building damaged by fire or other causes to the extent
of more than 50% of its true value shall be repaired or rebuilt except
in conformity with the regulations of this chapter.
(4)
Changes. Once changed to a conforming structure, no building shall
be permitted to revert to a nonconforming building.
B.
Nonconforming uses.
(1)
Extension. A nonconforming use shall not be expanded. Any such use
may be extended throughout any parts of a building which were arranged
or designed for such use at the time of the enactment or amendment
of this chapter.
(2)
Discontinuance. Whenever a nonconforming use has been discontinued
for a period of one year, such use shall not thereafter be reestablished,
and any future use shall be in conformance with the provisions of
this chapter.
(3)
Changes. Once changed to a conforming use, no use shall be permitted
to revert to a nonconforming use. A nonconforming use may be changed
to a use permitted in the same district.
(4)
Displacement. No nonconforming use shall be extended to displace
a conforming use.
(5)
Cessation. Notwithstanding any other provisions of this chapter,
any nonconforming automobile wrecking yard, other junkyard or sign
in existence at the date of enactment of this chapter shall, at the
expiration of five years from such date, become a prohibited and unlawful
use and shall be discontinued.
(6)
District changes. Whenever the boundaries of a district shall be
changed so as to transfer an area from one district to another district
of a different classification, the foregoing provisions shall also
apply to any nonconforming uses existing therein.
A.
Watershed Overlay Districts.
(1)
Prohibited uses and activities in any Watershed Overlay District.
The following uses and activities are specifically prohibited in the
Watershed Overlay District in order to safeguard water resources:
(a)
Any use or activity that involves the on-site disposal of solid
waste, pathological or medical waste, petroleum, radioactive material,
hazardous substances, hazardous waste or process wastes, including
aqueous-carried waste (except for sewage, animal manure and associated
bedding material, and agricultural use of food processing wastes where
the waste is applied at or below agronomic rates).
(b)
Surface land application of septage, sewage, sludge or human
excreta except where permitted by NYSDEC for agricultural use. Where
such application is permitted, the landowner shall provide to the
Town a copy of all correspondence between the landowner/applicant
and the applicable federal, state or local regulatory agencies and
a copy of all applicable federal, state and local permits.
(c)
Disposal of snow or sand containing deicing compounds that has
been transported from off-site areas.
(d)
Stockpiling or storage for other than residential uses of coal,
bulk chemicals, deicing compounds, hazardous substances or hazardous
waste, except in structures designed to prevent contact with precipitation
and constructed on low permeability pads.
(e)
Stockpiling or storage of fertilizers, except in containers
or structures designed to prevent contact with precipitation.
(f)
Storage of manure, except for the primary purpose of agricultural
use.
(g)
Construction of municipal or industrial sewage treatment facilities
with disposal of primary or secondary effluent.
(h)
Excavation of overburden and/or minerals from the earth for
sale or exchange, or for commercial, industrial or municipal use (except
for the sale of incidental overburden and/or minerals from excavation
related to construction as part of an agricultural or residential
use).
(i)
Drilling of wells used for oil, gas, gas storage, solution mining
or brine disposal.
(2)
Maximum site coverage and dimensions. Within any Watershed Overlay
District, no more than 15% of a single lot or building site may be
rendered impervious to groundwater infiltration. Maximum site coverage
calculations shall include impervious surfaces with area over 100
square feet. Maximum impervious site coverage may only exceed 15%
if the developer submits a stormwater management and erosion control
plan that specifies that the post-development stormwater recharge
volume to groundwater is, at a minimum, equal to the pre-development
recharge volume to groundwater.
(3)
Subdivision approval in Watershed Overlay Districts. Within any Watershed Overlay District, all major subdivisions shall be designed as a clustered or conservation subdivision with a minimum of 50% of the parent parcel permanently preserved as open space as per Article VI, provided adequate stormwater and sewage treatment exists.
(4)
Site plan review requirements.
(a)
Uses requiring site plan review. Any proposed use or activity
wholly or partially within any Watershed Overlay District shall be
required to have site plan approval prior to issuance of a building
permit or certificate of occupancy, except for:
(b)
Site plan submittal requirements. In addition to other information
required for a site plan submittal, the following information shall
be provided for a proposed use or activity located partially or wholly
within any Watershed Overlay District:
[1]
A location map of the proposed use or activity in relation to
the Watershed Overlay District boundaries.
[2]
A map and report detailing the proposed conveyance, storage,
distribution, generation, use and/or treatment of any process wastes,
aqueous-carried wastes (except sewage), petroleum, hazardous substances,
hazardous wastes, solid waste, radioactive material and/or incidental
wastes.
[3]
A map and report detailing the proposed conveyance, storage,
distribution, generation, use, treatment and/or disposal of any stormwater
and sewage. If applicable, a stormwater management and erosion control
plan shall be developed and submitted. The stormwater management and
erosion control plan shall provide for the removal of oil, gasoline
and other possible contaminants from runoff by the use of treatment
swales, sediment traps, oil/gas separator and/or other devices, prior
to retention and percolation of the runoff. To the extent feasible,
all runoff from impervious surfaces shall be recharged to groundwater
on site. Recharge impoundments shall have vegetative cover for surface
treatment and infiltration. Recharge shall be attained through site
design that incorporates natural drainage patterns and vegetation
and through use of stormwater infiltration basins, infiltration basins,
infiltration trenches, porous pavement or similar systems. Any and
all recharge areas shall be permanently maintained in full working
order by the owner. Provisions for maintenance shall be described
in the management plan.
[4]
A description of all pollution control measures and activities
proposed to prevent on-site disposal and potential contamination of
groundwater or surface water, including spill response activities.
[5]
A statement as to the degree of threat to surface water quality
that could result if the control measures failed.
[6]
A description of the provisions for the off-site disposal of
solid waste, petroleum, radioactive material, hazardous substances,
hazardous waste, process wastes and/or aqueous-carried waste (except
sewage).
[7]
A description of the proposed means of water supply, including,
if applicable, an estimate of the total daily groundwater withdrawal
rate.
[8]
Copies of any permits and applications made to any other governmental
agencies.
[9]
Additional information or material that may be requested by
the Planning Board in order to evaluate the site plan.
(c)
Review and approval criteria. In addition to the requirements of § 180-55, the following criteria shall be used by the Planning Board in reviewing applications for site plan review in the Watershed Overlay District and shall serve as minimum requirements for approval of the application pursuant to this section. The application shall not be approved unless the Planning Board determines that the applicant has met all of these standards. In all instances, the burden of proof shall be on the applicant, who must produce evidence sufficient to warrant a finding that all applicable criteria have been met.
[1]
The proposed use or activity must comply with the regulations
and requirements set forth regarding the Watershed Overlay District.
[2]
Adequate provisions must be made for the collection and disposal
of all stormwater that runs off proposed roads, parking areas, roofs
and other surfaces, groundwater is recharged to the maximum extent
practicable on-site, and there are no adverse impacts on abutting
or downstream properties.
[3]
Filling, excavation and earthmoving activity must be kept to
a minimum. Natural vegetation must be preserved and protected wherever
possible. Soil erosion and sedimentation of watercourses and water
bodies must be minimized.
[4]
The proposed use or activity must be located or designed in
such a manner that it will not adversely impact the quantity of groundwater
available to public water supply wells or other wells.
[5]
The proposed use or activity must be designed with adequate
control measures to prevent the on-site disposal of solid waste, pathological
or medical waste, petroleum, radioactive material, hazardous substances,
hazardous waste or process waste, including aqueous-carried waste
(except sewage). The adequacy of the proposed control measures must
be evaluated in terms of their simplicity, reliability and feasibility,
as well as the degree of threat to public water supply wells and other
wells in the event that the control measures failed.
[6]
All handling and storage of solid waste, pathological or medical
waste, petroleum, pesticides, herbicides, radioactive material, hazardous
substances, hazardous waste or process wastes must meet the standards
of the New York Department of Environmental Conservation and/or all
applicable state or federal agencies.
[7]
The proposed use or activity must provide adequate provisions
for the safe off-site disposal of solid waste, hazardous waste, process
waste and other wastes generated. All waste must be disposed of at
a licensed disposal facility having adequate capacity to accept the
user's wastes.
[8]
In the event of an unintentional on-site disposal (i.e., spill)
of potential contaminants, the proposed use or activity must have
adequate spill response and containment plans in place to minimize
groundwater or surface water contamination.
(d)
Modifications. The Planning Board may require changes or additions
to the site plan as a condition of approval to safeguard groundwater
resources. No building permit and no certificate of occupancy shall
be issued unless and until such conditions have been fully met or
performed. All improvements to the site shall be completed in strict
conformance with the site plan, as approved.
B.
Agriculture District (Ag).
(1)
General policy. Consideration will be given to maintaining agricultural
viability and protecting significant agricultural lands by minimizing
adverse impacts on agricultural land remaining from a subdivision,
prime and unique agricultural soils, adjoining or nearby agricultural
land or operations, existing natural buffers, and agricultural infrastructure,
including but not limited to surface and subsurface agricultural drainage
systems, farm equipment access points and equipment lanes.
(2)
Permitted uses. In addition to all permitted and specially permitted
uses as per Table 1[1] of this chapter, additional uses permitted as of right
in the Agriculture District include:
(a)
Forest, wildlife and game management.
(b)
Equestrian trails.
(c)
Natural trails and walks.
(d)
Greenhouses.
(e)
Farm employee housing. Employee housing for farm workers is
allowed. Such additional residential structures must be constructed
in a manner that avoids, to the maximum extent practical, building
upon the best agricultural soils on the property.
[1]
Editor's Note: Table 1 is included at the end of this chapter.
(3)
Dimensional requirements.
(a)
Lot coverage for nonfarm uses in the Ag. There shall be a maximum
lot coverage of 25% and a maximum building coverage of 10% for all
nonfarm uses on the lot.
(b)
There shall be no height limits on agricultural structures,
including but not limited to barns, silos, grain bins and fences,
as well as equipment related to such structures, as long as they are
being used in a manner that is part of the farm operation.
(c)
Agricultural structures shall be exempt from the maximum lot
coverage requirements of Table 2.[2]
[2]
Editor's Note: Table 2 is included at the end of this chapter.
(d)
Agricultural structures shall meet all front, side and rear
setbacks pursuant to Table 2.
(e)
Agricultural structures and practices shall not require site
plan review or special permit approvals but may require building permits.
(4)
Context and compatibility.
(a)
Dwellings and residential lots shall be located on the least agriculturally productive land feasible [Subsection B(4)(a)[1] through [3] below] and shall avoid prime soils and soils of statewide significance, so as to minimize interference with agricultural production to the maximum extent practical. Permits shall be issued to enable dwelling units to be located on lots containing higher quality soils only where such other location is not feasible. The Planning Board is authorized to require use of a clustered subdivision to ensure protection of active agricultural lands or prime or important farmland soils. Land shall be considered of low quality for agricultural use if:
[1]
The land is in soil categories as classified by the USDA, NRCS
and by the Soil Survey of Greene County, New York as being of low
fertility and agricultural production value. Any applicant in disagreement
with the classification of prime or statewide soils on his or her
property may submit a professional analysis of the soils on the portion
of the farm which seeks to be reclassified, and if the Planning Board
finds this study to be accurate, it shall act in accordance with the
results of such study; or
[2]
The land cannot feasibly be farmed; or
[3]
Due to the existing features of the site such as rocky conditions
that prevent plowing, wetness, wetlands or the fact that the slope
of the area exceeds 15%, lack of accessibility for equipment to a
field or small size incompatible with agricultural practices.
(b)
New nonfarm structures shall not interfere with natural drainage
patterns, surface or subsurface drainage systems, equipment lanes
or field access points.
(c)
New nonfarm structures shall be sited so as to maintain the
largest amount of contiguous acreage for agricultural use.
(d)
New nonfarm structures shall be sited within woodlands or along
the far edges of open agricultural fields adjacent to any woodland
to reduce encroachment on agricultural soils and areas and to enable
new construction to be visually absorbed by natural landscape features.
(5)
Review criteria and conditions.
(a)
The Planning Board shall consider the following when reviewing
any subdivision, site plan or special use permit application within
the Ag District:
[1]
Statement of purpose of the Ag District and compatibility of
the proposal with meeting those purposes.
[2]
Any potential for conflict with agricultural uses within the
district.
[3]
Compatibility of the project with existing or permitted uses
on adjacent lands.
[4]
The agricultural productivity of the lands or soils involved.
[5]
The need to minimize the amount of agricultural soils converted
to nonagricultural use.
[6]
The availability of adequate soils for septic tanks and leach
fields.
[7]
The effect of the proposed use on water, air or soil resources,
and on rare or irreplaceable natural resources.
[8]
The location of the structures on the parcel in relation to
scenic resources and the ability of the project design to minimize
interruption of scenic views from public roads.
[9]
Hedgerows shall be preserved.
[10]
New structures shall be placed to the edge of
an open field to the maximum extent practical.
(b)
The following conditions may be attached by the Planning Board
when granting a subdivision, site plan or special use permit to minimize
impacts and to meet the purposes of this district:
(6)
All subdivisions greater than four parcels shall be designed in a clustered or conservation subdivision design, and there shall be a minimum of 50% of the parent parcel permanently preserved as open space pursuant to Article VI.
(a)
Any subdivision that has 30 or more units shall be designed pursuant to Article VI (clustered and conservation subdivisions), and the following design guidelines shall be met to create a hamlet with traditional neighborhoods:
[1]
A minimum of 75% of those units must be clustered and designed
using traditional neighborhood/hamlet design guidelines, and the remaining
25% of houses can be strategically placed on the parcel to preserve
the greatest amount of open space.
[2]
The following standards and principals shall guide development
of a new traditional neighborhood hamlet:
[a]
The new hamlet shall provide for a variety of travel
means, establish connected pedestrian and bicycle routes, promote
safe and efficient mobility, and create links between residences,
mixed uses and surrounding open spaces.
[b]
Sidewalks and/or a trail system shall be provided
for.
[c]
Streetscape and traffic calming shall be used to
separate vehicular movement from pedestrian movement.
[d]
Streets shall be interconnected in a grid or modified
grid street pattern with block lengths from 200 to 400 feet.
[e]
Streets shall be designed to meet the Town of Athens
highway standards but shall also ensure that intersections are aligned,
that long and uninterrupted segments of straight streets are created,
and that streets are lined with trees.
[f]
Crosswalks, curb bulb-outs, signage, lighting,
traffic lights, changes in pavement materials or color, curbs and
benches for public spaces shall be provided for.
[g]
Shared, rear-located parking lots and shared access
to parking lots shall be used to the maximum extent practical.
[h]
Commons, squares and pocket parks shall be created
to be focal points of the hamlet. At least one common open square,
10,000 to 60,000 square feet in size, shall be located in a prominent
location and framed with surrounding structures. Other small greens
serving neighborhoods or small groups of houses shall be dispersed
throughout the hamlet.
[i]
All lot sizes and dimension requirements of the
Hamlet District shall be implemented.
(b)
Any subdivision that has 29 or greater units shall be required to be designed pursuant to Article VI (clustered and conservation subdivisions), and the Planning Board may, at its discretion, require such subdivision to meet the following design guidelines to create a new rural hamlet:
[1]
A minimum of 75% of those units must be clustered and designed
using rural hamlet design guidelines below, and the remaining 25%
of houses can be strategically placed on the parcel to preserve the
greatest amount of open space.
[2]
All building design standards and guidelines pursuant to § 180-15B(6)(a)[2] above shall be required when a new rural hamlet is created. The following standards and design principals, however, shall not be required in a rural hamlet:
[a]
No curbs, crosswalks, curb bulb-outs, streetlights,
traffic lights, or changes in pavement materials or color shall be
required.
[b]
No commons shall be required, but smaller pocket
parks are encouraged.
[c]
A pedestrian trail or path linking residences and
other parts of the hamlet are required, although five-foot-wide sidewalks
shall be optional.
(7)
All nonfarm, nonresidential uses approved pursuant to a special use
permit, site plan approval or subdivision approval shall preserve
50% of the parent parcel as permanently preserved open space. Such
open space shall be protected from further development by a deed restriction.
(8)
Required disclosure. As required by state law, in the case of any
proposed residential development that abuts agricultural uses, the
Planning Board shall require the applicant to issue a disclosure to
potential purchasers of lots or dwelling units as follows: "This property
adjoins land used for agricultural purposes. Farmers have the right
to apply approved chemical and organic fertilizers, pesticides and
herbicides, and to engage in farm practices which may generate dust,
odor, smoke, noise and vibration." This disclosure shall be required
as a note on a subdivision plat or site plan and may also be required
to be made through other means reasonably calculated to inform a prospective
purchaser, such as by posting, distribution of handbills, inclusion
in an offering plan or real estate listing information sheet, or letter
of notification. This section may also be applied to any commercial
development at the discretion of the Planning Board.
(9)
Agricultural data statement. As required by state law, any application for a special use permit, site plan approval, use variance or subdivision approval requiring municipal review and approval by the Town Board, Planning Board or Zoning Board of Appeals that would occur on property within an agricultural district containing a farm operation, or on property with boundaries within 500 feet of a farm operation located in an agricultural district, shall include an agricultural data statement as defined in § 180-3. The reviewing board shall evaluate and consider the agricultural data statement in its review of the possible impacts of the proposed project upon the functioning of farm operations within the Agriculture District.
C.
Rural Residential (Ru) and Open Space (OS) Districts:
(1)
Commercial structures shall be limited to a building footprint maximum
of 12,000 square feet.
(2)
Trademarked architectural styles that identify a specific company
by building feature(s) are prohibited.
(3)
Clustered or conservation subdivision guidelines.
(a)
The Planning Board is authorized to require adherence to the regulations of Article VI (clustered and conservation subdivision) for subdivision applications in the Ru District where, in the opinion of the Planning Board during SEQRA review, the purposes of this chapter cannot be met using conventional subdivision methods. The following conditions may warrant requirement of a clustered or conservation subdivision layout:
[1]
State and/or federal freshwater wetlands occupy 25% or more
of the site.
[2]
Slopes of greater than 15% occupy 25% or more of the site.
[3]
Open water.
[4]
The site contains a floodplain or flood hazard area as mapped
by the Federal Emergency Management Agency's Flood Insurance Rate
Maps.
[5]
The site contains a critical environmental area.
[6]
The site contains identified scenic views or scenic vistas as
shown in the Town and Village of Athens Comprehensive Plan or other
planning documents, or identified as important to the Town by others
or the Planning Board.
[7]
The lot or parcel contains an identified critical habitat or
a known endangered species.
(4)
Rural siting principles.
(a)
Siting of all structures shall, to the maximum extent practicable,
avoid placement on lands within the parcel that have been identified
as having steep slopes greater than 15% within 100 feet of stream
banks, within 100 feet of any state or federal wetland, or within
the one-hundred-year floodplain. Additionally, structures shall, to
the maximum extent practicable, avoid being placed on lands defined
by the Greene County Soil Survey as being prime farmlands or soils
of statewide importance. Siting should also take into consideration
and plan for wetlands wildlife that also need adjacent upland habitats.
(b)
Applicability. The following guidelines shall apply to the siting
of uses that are subject to site plan or special permit approval,
or in the case where clustering/conservation subdivision design is
required. They are recommended but not required for the siting of
individual residences on existing or newly subdivided lots.
[1]
Wherever feasible, retain and reuse existing old farm roads
and lanes rather than constructing new roads or driveways. This minimizes
clearing and disruption of the landscape and takes advantage of the
attractive way that old lanes are often lined with trees and stone
walls. (This is not appropriate where reuse of a road would require
widening in a manner that destroys trees or stone walls.)
[2]
Preserve stone walls and hedgerows. These traditional landscape
features define outdoor areas in a natural way and create corridors
useful for wildlife. Using these features as property lines is often
appropriate, as long as setback requirements do not result in constructing
buildings in the middle of fields.
[3]
Avoid placing buildings in the middle of open fields. Place
them either at the edges of fields or in wooded areas. Septic systems
and leach fields may be located in fields, however.
[4]
Use existing vegetation and topography to buffer and screen
new buildings, if possible. Group buildings in clusters or tuck them
behind tree lines or knolls rather than spreading them out across
the landscape in a "sprawl" pattern.
[5]
Minimize clearing of vegetation at the edge of the road, clearing
only as much as is necessary to create a driveway entrance with adequate
sight distance. Use curves in the driveway to increase the screening
of buildings.
[6]
All building rooflines, to the maximum extent practical, shall
be sited a minimum of 10 feet below the ridgeline, screened or buffered
with landscape design so that they do not protrude above treetops
and crest lines of hills as seen from public places and roads so that
structures in these locations remain consistent with the topography
and harmonious with the terrain. Place the structure so that the roofline
does not protrude above the ridgeline. Use vegetation as a backdrop
to reduce the prominence of the structure. Wherever possible, open
up views by selective cutting of small trees and pruning lower branches
of large trees, rather than by clearing large areas or removing mature
trees. Existing vegetation within ridgeline areas shall be preserved
to the maximum extent practical. Structures should blend in with natural
surroundings through preferred use of natural or earth-tone colors.
All outdoor light sources mounted on poles or buildings or trees to
illuminate driveways, sidewalks, walkways, parking lots or other outdoor
areas shall use fully shielded light fixtures. All electric, telephone,
television and other communication lines, both main and service connections,
servicing new development shall be provided by underground wiring
within easements of dedicated public rights-of-way, installed in accordance
with the prevailing standards and practices of the utility or other
companies providing such services. Cuts and fills shall be minimized
and, where practical, driveways screened from public view.
[7]
Minimize crossing of steep slopes with roads and driveways.
When building on slopes, take advantage of the topography by building
multilevel structures with entrances on more than one level (e.g.,
walkout basements, garages under buildings), rather than grading the
entire site flat. Use the flattest portions of the site for subsurface
sewage disposal systems and parking areas.
[8]
Place utility lines and driveways on less productive land. Site
driveways on the edge of farm fields rather than through the middle
to the maximum extent practical. Use shared driveways to limit the
number of roadways that bisect farm fields.
[9]
Locate new development so that the flow of water to farm properties
is not impeded and in ways that is compatible with existing field
drainage patterns.
(5)
During project design, the Planning Board shall require incorporation
of low-impact development standards wherever feasible. Appropriate
engineering should include use of one or more of the following low-impact
development techniques:
D.
Mixed Use Commercial (MUC).
(1)
All structures shall be integrated with each other and with adjacent
structures.
(2)
Structures that are visible from public roads shall be compatible
with each other and with traditional structures in the surrounding
area in architecture, design, massing, materials and placement, and
shall harmonize with traditional elements in the architectural fabric
of the area.
(3)
Trademarked architectural styles that identify a specific company
by building features are prohibited.
(a)
Exterior materials and architectural elements for commercial
structures.
[1]
Roofs. Roof overhangs and pitched roofs shall be incorporated
into all building designs. Wood shingles, slate shingles, multilayered
asphalt shingles, metal (raised seam, galvanized metal, corrugated
metal, metal tile, etc.) or tiles are permitted. Partial (less than
three sides) mansard roofs, flat roofs (including a minimum pitch
of 4:12) without a pediment and long, unarticulated roofs are not
permitted.
[2]
Sides of buildings and structures. Wood clapboard, wood board
and batten, wood shingle siding, brick, stucco, tabby, natural stone,
faced concrete block and artificial siding materials which resemble
painted wood clapboard are permitted. Wood siding may be painted,
stained, weathered or left natural. Long, unarticulated blank facades
are not permitted. Plywood, cinder block, unfinished poured concrete,
unfaced concrete block, plastic or vinyl, not closely resembling painted
wood clapboard, and metal buildings without exterior skin are not
permitted. Highly reflective mirrored glass or materials as the predominant
material or visible texture are not recommended.
[3]
Accessory uses. The design of accessory buildings and structures
shall reflect and coordinate with the general style of architecture
inherent in the primary structure for the proposed development. Covered
porches, canopies, awnings, trellises, gazebos, street/pedestrian
furniture and open wood fences are encouraged.
[4]
Exterior display of merchandise shall not impede pedestrian
safety or limit vehicular site distances. All merchandise that is
displayed outside shall be moved inside after hours.
(4)
Context and compatibility. These standards and guidelines establish
an expectation that new development is similar in context and compatible
with existing development. Context and compatibility with respected
neighborhood buildings can be judged by the following major points
of comparison:
(a)
Roof shapes, slopes and cornices are consistent with the prevalent
types in the areas.
(b)
Rhythm of building spacing along the street and overall scale
are not interrupted.
(c)
Proportions for facades and window openings are in harmony with
each other.
(d)
Materials, textures and colors are similar.
(e)
Site details (porches, entrances, signs, landscaping, lighting,
screened parking and mechanical systems) complement traditional examples
in the area.
(5)
Building placement.
(a)
Buildings shall be designed so that entrance doors and windows,
rather than blank walls, garages, side walls or storage areas, face
the street. Blank walls for commercial applications are discouraged
but may be allowed at the discretion of the Planning Board under certain
circumstances, such as when the structure is along an alley or when
facing another blank wall.
(b)
The front facade of the building should be parallel to the main
street. The architectural features, materials and the articulation
of a facade of a building shall be continued on all sides visible
from a public street.
(c)
Parking shall be to the side or rear of a building. No parking
area shall be located in the front yard setback between a principal
building and any public street. If necessary due to specific site
conditions, one row of parking may be placed between the principal
building and the public street only if topography or a year-round
vegetative buffer of sufficient density to substantially limit the
view of the parking lot screens the parking lot.
(d)
Build-to line. Buildings shall define the streetscape through
the use of setbacks along the build-to line for each block. The function
of the build-to line is to form a distinct street edge and define
the border between the public space of the street and the private
space of the individual lot. In areas of existing development where
the location of existing buildings is greater than the minimum front
yard setback, the build-to line shall be designed to create the greatest
uniformity on the block. In areas of existing development where existing
buildings are set beyond the minimum front yard setback, the build-to
line shall be designed as the average front yard setback so as to
create as much uniformity on the block as possible. A minimum of 80%
of all buildings on the block shall conform to the build-to line with
the remaining 20% allowed to vary by being farther set back no greater
than 75% of the distance from the right-of-way to the build-to line.
Buildings shall be allowed to come forward of the build-to line by
no greater than 25% of the distance between the right-of-way and the
build-to line.
(e)
Buildings and other facilities shall be designed, located and
operated to avoid causing excessive noise.
(6)
Windows.
(a)
The spacing, pattern and detailing of windows and window openings
shall be reviewed by the Planning Board during site plan review and
determined to be compatible with adjacent buildings, including historic
buildings in the Town where possible.
(b)
The relationship of the width of windows to the height of windows
in a building shall be visually compatible with adjacent buildings.
(c)
Blank end walls that are visible from the road or adjacent residences
shall be landscaped.
(d)
Transformers, gas meters, dumpsters and other utility or service
structures shall be screened.
(e)
A landscaped area may be required to screen and protect neighboring
residential properties and passing motorists from the view of facilities,
buildings and parking areas of the site development, as warranted.
(7)
Sidewalks and street trees.
(a)
Shade trees shall be provided along each side of all streets,
public or private, existing or proposed, and at the expense of the
owner of the development. In locations where healthy and mature shade
trees currently exist, these should be maintained and the requirements
for new trees may be waived or modified. A mixed selection of shade
trees shall be located in the planting strip between the street curb
and the sidewalk where sidewalks are present. When a new street has
a sidewalk on only one side, the shade tree shall be planted at the
same distance from the street edge or curb on both sides of the street.
(b)
Street trees shall be irrigated and fertilized by the applicant
for a minimum of two years after installation. Within two years of
planting, any tree that dies, or any tree that is removed, shall be
replaced.
(8)
Parking, circulation and loading. In addition to all other district
parking requirements, the following shall be met:
(9)
Lighting.
(a)
Exterior lighting fixtures shall be shielded to prevent light
from shining directly onto neighboring properties or public ways pursuant
to dark skies initiatives.
(b)
Any lighting fixture used to illuminate parking areas, access
drives or loading areas shall be of such design so as to minimize
the amount of ambient lighting perceptible from adjacent properties.
In no case shall any lighting impair the vision of motorists on the
roadway.
(c)
All interior lighting shall be designed to prevent high levels
of light from being visible from the roadway.
(d)
A site lighting plan shall be submitted as part of the site
plan application submission.
(e)
Fixtures shall be mounted in such a manner that the cone of
light is not directed at any property line of the site.
(f)
Only incandescent, fluorescent, metal halide, LEDs or color-corrected
high-pressure sodium light may be used. All lighting must be compatible
with all other light systems used for all fixtures and light sources
on the site. This shall not cover seasonal or holiday lighting.
(g)
Only white or off-white (light yellow tones) may be used for
any light source.
(h)
Lighting poles mounted within 50 feet of the highway right-of-way
may not exceed a height of 20 feet. The minimum mounting height for
a pole shall be 12 feet.
E.
Hamlet District (H). Building design standards and guidelines for
Hamlet District.
(1)
General. The Hamlet District is compact, and buildings are relatively
close together. These guidelines are intended to encourage development
that reinforces and follows that existing pattern. The intent of the
following design standards is to ensure that hamlet areas can accommodate
new housing and small businesses without destroying their essential
character. It is not the intent of this section to discourage contemporary
architectural expression but rather to preserve the integrity and
authenticity of the district and to ensure the compatibility of new
structures. The standards established in this section are for the
purpose of promoting quality development that is attractive, convenient
and compatible with surrounding uses and historic buildings in the
Town. These standards are intended to be general in nature and not
to restrict creativity, variety or innovation. During project development
and review, attention should be given to the compatibility of adjoining
developments when reviewing project proposals.
(3)
Building scale. In order to be consistent with the scale of buildings
in traditional hamlets, no single building shall have a building footprint
exceeding 6,000 square feet. Exceptions may be made only if the facades
of larger buildings are articulated to appear as multiple buildings,
each with a maximum building footprint of 6,000 square feet. Other
design features such as porches or cupolas, window bays, separate
entrances and entry treatments, or the use of sections that may project
or be recessed may also be used.
(4)
Accessory equipment.
(a)
All roof-, wall- or ground-mounted mechanical equipment such
as heating and air-conditioning units, exhaust fans, etc., shall be
confined within the principal structure or within an area enclosed
by a wall, screen, fence, berm or hedge of sufficient height and density
to screen the equipment year-round from view from adjacent streets,
properties and parking lots. Window-mounted units are acceptable and
do not need screening.
(b)
All dumpsters or other trash containers shall be fully enclosed
by a fence and screened by appropriate landscaping. No dumpster or
port-a-potty shall be located in front of a building, and the preferred
location is to the rear of the building.
(5)
Streets and street trees.
(a)
To maintain sight lines, trees and other objects should be restricted
from corners for distances of 30 feet on sides where motorists would
look right and 15 feet on sides where they look left.
(b)
Existing street trees should be preserved whenever possible.
Dead trees that are within 20 feet of the pavement should be replaced
with new trees. If no existing street trees are present, deciduous,
broad-leaved trees with minimum three-inch-caliper trunks shall be
planted at minimum intervals of 30 feet along the road frontage and
shall be compatible with and maintained to prevent interference with
any utility lines. Street trees can be planted within the first 10
feet of the front yard or in the area between the street and sidewalk
(should a sidewalk exist). In developments where there are no existing
trees, the Planning Board may require the developer to show trees
at their planted size as well as normal rendering sizes to indicate
the visual character of the development prior to maturation of trees.
(c)
Shade trees shall be provided along each side of all streets,
public or private, existing or proposed, and at the expense of the
owner of the subdivision. In locations where healthy and mature shade
trees currently exist, these should be maintained, and the requirements
for new trees may be waived or modified.
(d)
Any tree that dies within two years of planting, or any tree
that is removed, shall be replaced.
(6)
Lot size diversity. A variety of lot sizes should be provided to
eliminate the appearance of a standardized subdivision and to facilitate
housing diversity and choice that meets the projected requirements
of people with different housing needs. Lot areas and lot widths shall
vary at random to the greatest extent possible, in order to eliminate
the appearance of a standardized subdivision. To the extent possible,
no more than two lots in a row shall have the same width. Lots shall
vary by a minimum of five-foot increments.
(7)
In major subdivisions, building mass, design and floor plans shall
be such to create significant visual differences between structures,
and new building shall be consistent with the traditional character
of Athens. Monotony and similarity shall be minimized through use
of changes in facade planes, use of porches, changes in location of
entryway, varying the width of the unit, and varying roof orientation,
roof styles, building orientation and trim detailing.
(8)
Reduction of impervious surfaces through the use of interlocking
pavers is strongly encouraged for areas that serve low-impact parking
needs.
(9)
Newly installed utility service systems, and service revisions necessitated
by exterior alterations, shall be installed underground. When feasible,
existing aboveground utility service systems shall be placed underground.
(10)
Duplex and multifamily structures shall be designed to look
like a single-family structure to the maximum extent possible.
(11)
Conversion of a residential structure to an allowed commercial
use shall be permitted only provided the residential nature and character
of the facade is maintained.
F.
Light Industrial Districts (LI-1 and LI-2).
(1)
The minimum lot area shall be two acres, and the lot shall maintain
no less than 50 feet of frontage on a state road.
(2)
Sales to the general public of locally manufactured or assembled
products or of ancillary products shall be permitted but shall not
be the primary activity conducted on such premises.
(3)
All uses, processes and storage shall be within a fully enclosed
structure or reasonably screened from view. The facade of buildings
and structures shall be compatible with the rural character and adjacent
development, and the site shall be fully landscaped.
(4)
One freestanding business identification sign shall be permitted,
and the sign face shall not exceed 24 square feet in area. No more
than two sign faces are permitted. The Planning Board may approve
a directly illuminated sign.
(5)
The applicant shall submit a list of the goods and materials to be
stored and manufactured on the property. The Planning Board shall
consider the nature of the materials, including the potential flammable/hazardous
nature of same, and may impose reasonable restrictions on the storage
of said materials, or prohibit same.
(6)
Parking shall not be permitted in the front yard, unless the topography
of the parcel dictates otherwise and such site plan is approved by
the Planning Board.
(7)
The location and hours of operation of all on-site lighting shall
be approved by the Planning Board. Public address systems are prohibited.
(8)
The Planning Board may require a wall, fence, landscaping or other
buffer be installed where a property adjoins a residential use. Said
buffer shall be no less than 20 feet in width.
(9)
No lands within the Light Industrial Districts shall be used for
wetland mitigation purposes.
G.
Rural Residential/Route 385 Corridor District.
(2)
The Planning Board shall consider the following standards during
the review of any site plan, special use permit or subdivision application
in this district:
(a)
Minimize vegetative clearing and earthwork.
(b)
Preserve stone walls and hedgerows as they are integral to the
vernacular rural landscape and are used by wildlife as habitat and
travel corridors. Use stone walls and hedgerows to define property
lines where appropriate.
(c)
Place buildings at the edge of fields and wooded areas, and
not conspicuously in the middle of an open field visible from Route
385, and encourage front yard setbacks so that the road maintains
its rural country feel.
(d)
Use existing vegetation and topography to buffer and screen
new buildings. Group buildings in clusters and situate them behind
tree lines or knolls. Avoid siting buildings across the landscape
in a "sprawl" pattern.
(e)
Retain existing vegetation at the street edge. Limit cuts and
fills associated with driveway or street construction. Screen driveways
from public view, and limit clearing except in areas where adequate
sight distance must be maintained. Site driveways and roads should
be situated at the edge of open fields. Encourage shared use of driveways
and use of front-loaded streets. Use curves in a driveway to increase
the screening of buildings.
(f)
To the maximum extent possible, site buildings no less than
10 feet below any ridgeline so that they do not protrude above treetops
and crest lines of hills as viewed from a public place, Route 385
or from the Hudson River. Rooflines should not protrude above the
ridgeline. Existing vegetation atop a ridge line shall be preserved
to the maximum extent possible.
(g)
Limit clearing to selective cutting of small trees and shrubs
and pruning lower branches of large trees. Do not clear extensive
areas or remove mature trees on any property.
(h)
Use earth-tone colors so that buildings blend with the natural
surrounds.
(i)
Fully shield exterior light fixtures, whether mounted on poles
or buildings or trees, that are used to illuminate driveways, sidewalks,
walkways, parking lots or other outdoor areas.
(j)
Install all utilities underground, including electric, telephone,
television and other communication lines, whether main or service
connections. Locate and install utilities in a manner that minimizes
additional on-site clearing or disturbance.
(k)
Avoid crossing steep slopes with a road or driveway. Encourage
terrain-adaptive design, e.g., constructing a multilevel building
with access on more than one level (e.g., walkout basements, garages
under buildings), rather than grading the entire site flat.
