Town of Mamakating, NY
Sullivan County
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Table of Contents
Table of Contents
[Amended 7-21-2015 by L.L. No. 2-2015]
This section shall apply to the calculation of minimum lot size, development coverage and residential density. For purposes of calculating development yield, the following areas shall be subtracted from the gross acreage of a parcel to establish the minimum lot area and maximum permissible development coverage, in the case of nonresidential projects requiring site plan approval, or development yield and permissible density in the case of residential subdivisions or site plans:
A. 
Utility rights-of-way and designated streets. Fifty percent of any land within easements or rights-of-way for overhead utilities of 69 kilovolts or greater, or within a designated street line, shall not be counted as part of any minimum lot area requirement. No building, structure, yard or land proposed for prolonged habitual human occupancy shall be located within a utility easement; however, a road may traverse the easement.
B. 
Land under water (applicable prior to development). One hundred percent of that portion of a lot subject to the following shall not be counted as part of any minimum lot area requirement: ponds; freshwater wetlands regulated by the Army Corps of Engineers; streams; and that portion of any freshwater wetland and any one-hundred-foot control area designated by the New York State Department of Environmental Conservation. No construction shall be permitted within the limits of the freshwater wetland or stream without appropriate federal or state permits.
C. 
Floodplains. Fifty percent of any land contained within the one-hundred-year floodplain as designated on Federal Emergency Management Agency maps shall not be counted as part of any minimum lot area requirement. No construction shall be permitted within the one-hundred-year floodplain.
D. 
Steep slopes (applicable prior to development).
(1) 
Not more than 50% of the land area of that portion of each lot that is proposed to be disturbed may be counted as part of any lot area if subject to the following:
(a) 
For residentially zoned properties, slopes over 25%.
(b) 
For nonresidentially zoned properties, slopes over 15%.
(2) 
No construction shall be permitted on that portion of a lot with a slope in excess of 35%.
(3) 
No portion of the land area of that portion of a lot with a slope in excess of 50% may be counted as part of the minimum lot area of a parcel.
E. 
Rock outcrops (applicable prior to development). Not more than 50% of the area of that portion of a lot that is proposed to be disturbed with rock outcrops in excess of 50 square feet may be counted as part of the lot area of a parcel.
[1]
Editor's Note: L.L. No. 3-2007, adopted 12-18-2007, provided that a stormwater pollution prevention plan consistent with the requirements of Chapter 160 and § 199-44 shall be required for site plan approval. The SWPPP shall meet the performance and design criteria and standards in § 199-44. The approved site plan shall be consistent with the provisions of Chapter 160 and § 199-44.
A. 
Purpose. The RVP and MG Zones encompass areas that contain lands that are constrained due to shallow depth to bedrock, seasonally perched water table, and steep topography. For purposes of establishing residential development yield that is consistent with the environmental characteristics of the land, an applicant has the option of selecting two alternatives for calculating development yield.
B. 
Minimum lot size alternative. The applicant may choose to establish development yield for residential subdivisions utilizing the minimum lot size and bulk requirements for the RVP or MG District. The environmental constraints outlined in § 199-35 above shall first be subtracted from the gross acreage to establish net residential development yield. The applicant shall then map a subdivision that meets the minimum bulk requirements for single-family dwellings in the RVP or MG Zone.
C. 
Soil designation alternative. An applicant may choose to establish the maximum residential development yield by utilizing the soil data contained in the Soil Survey of Sullivan County, New York. For purposes of calculating development yield for single-family detached residential subdivisions, § 199-35, Environmental constraints, shall not apply. The letters listed below refer to the slope designations contained in the soil mapping units that are enumerated in the Soil Survey of Sullivan County, New York. To establish the development yield for a particular site, the following density provisions shall apply:
[Amended 7-21-2015 by L.L. No. 2-2015]
Slope Designation
Maximum Density
A (0% to 3%)
1 unit/3 acres
B (3% to 8%)
1 unit/6 acres
C (8% to 15%)
1 unit/9 acres
D (15% to 25%)
1 unit/15 acres
E (25% to 35%)
1 unit/30 acres
F (35% to 50%)
1 unit/45 acres
Hydric soils
1 unit/15 acres
D. 
The applicant shall calculate the number of acres contained within each slope category. The acreage of each slope category shall be multiplied by the appropriate residential density to determine the total number of units permissible. The applicant may then utilize the average density provisions (§ 199-38) to cluster residential units on soils with slope designations of A, B or C (0% to 15%). The minimum bulk requirements for the clustered residential lots shall be the same as for single-family detached residences in the Neighborhood Residential (NR) Zoning District (for residences with neither Town-endorsed sewer nor Town-endorsed water systems). The maximum residential yield and the final configuration and size of each building lot shall be established based on the applicant demonstrating that individual well and septic systems, adequate access, and other specifications of this chapter, the Town subdivision regulations, and all other applicable laws and regulations shall be met.
[Amended 7-21-2015 by L.L. No. 2-2015]
E. 
Other uses in the RVP or MG Zones. All other uses allowed in the MG or RVP Zoning Districts shall be required to establish minimum lot area and development yield by applying the requirements contained in § 199-35, Environmental constraints.
F. 
Restrictions to be added to subdivision plat. Any lot created by process of these provisions shall be considered to have the minimum lot area and maximum residential density permissible within the MG and RVP Zoning Districts. A note shall be added to the subdivision plat indicating that the lots created represent the maximum number of lots permitted in accordance with the MG and RVP regulations. The maximum number of lots permissible and the calculation of residential density yield shall also be included as a map note. The proposed subdivision of any lot previously approved in accordance with these regulations shall require area variances to permit an increase in the maximum residential density and a reduction in the minimum lot size, in addition to any other variances that may be required.
A. 
Purpose. Stream and riparian areas, the habitat bordering streams, are critical for water quality protection, erosion control, and as a living environment for many species of birds and wildlife. When properly designed, these areas can also serve as linear parks for hiking, nature viewing and other low-impact recreational activities. One of the most important methods of protecting stream quality is to limit disturbance within close proximity to a stream and its riparian area. For purposes of these regulations, the following shall apply:
(1) 
No building, structure or impervious surfaces shall be situated, nor clear-cutting of natural vegetation be permitted, within 150 feet of a streambank of a stream with a water quality designation of A or B or any trout spawning (TS) or trout production (T) waters.
(2) 
No building, structure or impervious surfaces shall be situated, nor clear-cutting of natural vegetation be permitted, within 75 feet of a streambank of a stream with a water quality designation of C or D.
B. 
Disturbance of the stream buffer shall require a disturbance permit from the Planning Board. In considering the need for said disturbance, the Planning Board shall consider:
(1) 
Reasonable alternative locations for said structures or buildings.
(2) 
The necessity of any clear-cutting activities, e.g., no other location for a septic system or well.
C. 
The Planning Board shall establish such conditions as may be necessary to minimize disturbance to the stream buffer, including a delineation of the area to be disturbed prior to work being conducted.
A. 
Approval of plats; conditions for changes in zoning provisions. The Mamakating Town Board, pursuant to § 278 of the Town Law, hereby empowers the Planning Board, simultaneously with the approval of a plat, to modify applicable provisions of this chapter, subject to the conditions hereinafter set forth and such other reasonable conditions as the Town Board may in its discretion add thereto. The purpose of this authorization is to enable and encourage flexibility of design and development of land in such a manner as to promote the most appropriate use of land, to facilitate the adequate and economical provisions of streets and utilities, and to preserve the natural and scenic qualities of open lands.
B. 
The conditions hereinabove referred to are as follows:
(1) 
The Planning Board may require the submission of an application for the use of this procedure if, in its judgment, the application would benefit the Town and the public interest. If the owner makes written application for the use of this procedure, it may be followed at the discretion of the Planning Board subject to the purposes noted above.
(2) 
This procedure shall be applicable only to lands zoned for residential purposes, and its application shall result in a permitted number of building lots or dwelling units which shall in no case exceed the number which could be permitted, in the Planning Board's judgment, if the land were subdivided into lots conforming to the minimum lot size and density requirements applicable to the district or districts in which such land is situated and conforming to all other applicable requirements; provided, however, that where the plat falls within two or more districts with differing density requirements, the Planning Board may approve in any one such district a cluster development representing the cumulative density as derived from the summing of all units allowed in all such districts. In determining development yield, the applicant shall adhere to the provisions of § 199-35 of this chapter.
(3) 
In the case of a residential plat or plats, the dwelling units may be single-family detached or single-family attached (townhouse) on individual lots, as determined by the Planning Board.
[Amended 7-21-2015 by L.L. No. 2-2015]
(4) 
In the event that the application of this procedure results in a plat showing lands available for park, recreation, open space, or other municipal purposes directly related to the plat, then the Planning Board, as a condition of plat approval, may establish such conditions on the ownership, use and maintenance of such lands as it deems necessary to assure the preservation of such lands for their intended purposes. Any conditions relating to Town ownership of the lands shall be approved by the Town Board prior to the Planning Board granting final approval to the plat.
(5) 
The proposed site plan or plat, including areas within which structures may be located, the height and spacing of buildings, open spaces and their landscaping, off-street open and enclosed parking spaces, and streets, driveways, and all other physical features as shown on said plan or otherwise described, accompanied by a statement setting forth the nature of such modifications, changes or supplementations of existing zoning provisions as are not shown on said site plan, shall be subject to review and public hearing by the Planning Board in the same manner as required for the approval of a subdivision plat and/or site plan.
(6) 
On the filing of the plat in the office of the County Clerk, a copy shall be filed with the Town Clerk, who shall make appropriate notations and references thereto on the Town Zoning Map.
(7) 
The provisions of this section shall not be deemed to authorize a change in the permissible use of such lands as provided in this chapter.
(8) 
The authorization herein shall apply to all lands within the Town of Mamakating.
A. 
Purpose. The purpose of this section is to allow applicants, upon approval by the Town Board, to transfer the development rights permitted to a lot, parcel, or other area of land from a designated sending district to an area designated as a receiving district, in order to accomplish the following objectives:
(1) 
To protect environmentally sensitive lands by transferring development rights from the sending district;
(2) 
To protect scenic viewsheds by transferring development rights from the sending district; and
(3) 
To transfer development rights to an area of the Town of Mamakating planned for growth and by allowing a density which may encourage the provision of Town-endorsed water and Town-endorsed sewage systems.
[Amended 7-21-2015 by L.L. No. 2-2015]
B. 
For purposes of this section, the sending districts and receiving districts shall be designated as follows:
[Amended 7-21-2015 by L.L. No. 2-2015]
(1) 
Sending districts. In the MG and RVP Zones, residential density may be transferred at a rate of one dwelling unit per 7.5 net acres after deduction of environmental constraints pursuant to § 199-35.
(2) 
Receiving districts: NR and HC Zones. Within the receiving district, the maximum residential yield shall be increased by the number of dwelling units transferred from the sending district, but the total density, after transfer, shall be no more than five units per acre for single-family detached dwellings and six units per acre for single-family attached dwellings, where attached dwellings are otherwise permitted in the zoning district. Single-family detached residences shall meet the minimum bulk requirements for a single-family detached residence (with Town-endorsed sewer and Town-endorsed water) in the VC District. The minimum bulk requirements for single-family attached dwellings shall be the same as required for single-family attached dwellings in the VC District. Nothing herein shall be construed to allow residential density to exceed the capacity of the land to support individual water and individual subsurface wastewater disposal systems, except where Town-endorsed water and Town-endorsed sewer systems are provided.
C. 
Consent of owners. The owner of the property in the receiving district shall submit an affidavit consenting to the transfer of density onto the receiving parcel.
D. 
Subdivision or site plan approved required. A site plan and/or subdivision plan shall be filed with the Planning Board concurrently with the request to the Town Board to permit the transfer. The subdivision or site plan shall conform to the requirements of the zoning, subdivision and/or site plan regulations. Where the Planning Board determines that the transfer will meet the goals and objectives of this section, it may waive the environmental constraints provisions as apply to the receiving parcel.
E. 
Development shall be transferred from a sending district to a receiving district, provided the development rights remain within the same school district.
F. 
Conservation easement. The burden upon land within a sending district from which development rights have been transferred shall be documented by an instrument duly executed by the grantor in the form of a conservation easement as defined in Title 3 of Article 49 of the Environmental Conservation Law, which burden upon such land shall be enforceable by the Town of Mamakating in addition to any other person or entity granted enforcement rights by the terms of the instrument. Any development right which has been transferred by conservation easement shall be evidenced by a certificate of development right which shall be issued by the Town of Mamakating to the transferee in a form suitable for recording in the Registry of Deeds in the County of Sullivan.
G. 
Within one year after a development right has been transferred, the assessed valuation placed on the affected property for real property tax purposes shall be adjusted to reflect the transfer. A development right which is transferred shall be deemed to be an interest in real property, and the rights evidenced thereby shall inure to the benefit of the transferee, and his heirs, successors and assigns.
Any use which is in, abuts, is adjacent to or is less than 50 feet from any residential district, and which is not conducted within a completely enclosed building, such as junkyards, storage yards, lumber and building materials yards and parking lots and like uses, shall be entirely enclosed by a fence or landscaping sufficient to effectively shield such uses.
Any application requiring site development or subdivision approval shall be subject to these provisions. A minimum of one shade tree per each 40 feet of road frontage shall be planted on any lot within the BR, NR, HC, IO, LIO, and PO Zoning Districts. Shade trees shall be a minimum caliper of 21/2 inches [diameter at breast height (dbh)]. The Planning Board may waive the requirements of this section, provided that it may be demonstrated that the development application will result in the retention of existing mature tree stands within the front yard of the lot, and further provided that a restriction shall be duly noted and placed on the site or subdivision plan prohibiting the removal of said existing vegetation.
A. 
Purpose. To promote the health, safety and general welfare of the residents of the town, the Town finds that:
(1) 
The natural, open character of Shawangunk Ridge is a critical feature of the unique heritage of the Town whose preservation enriches and benefits both residents and visitors;
(2) 
It is desirable to protect panoramic views of the ridge as well as sensitive natural habitats on Shawangunk Ridge;
(3) 
The ridge is the source for a major portion of the town's water resources;
(4) 
Recreational opportunities are to be protected, including support of local and regional trail systems; and
(5) 
Preservation of these features while providing for appropriate development can only be achieved by encouraging flexibility in the design of land use and development projects.
B. 
Application of regulations. Except as provided herein, no land shall be developed and no building or structure erected, expanded or developed unless in conformity with these regulations. Any lot fully or partially within the Ridge Overlay District as mapped by the Town of Mamakating will be subject to these regulations. Where these regulations conflict with existing regulations, these regulations shall supersede.
C. 
Nonconforming lots. Where new uses of preexisting, nonconforming lots require only a building permit, these regulations shall be applied to the maximum extent possible in meeting the purposes of this section.
D. 
Approval conditions. Any condition of approval necessary to meet these regulations shall be clearly noted on the final plat or plan and filed with the County Clerk. Where appropriate, conditions shall also be noted on a filed deed.
E. 
Design regulations. To meet the purpose of the Ridge Overlay District, the following regulations shall apply:
(1) 
Building sites. Building sites shall be clearly noted on any plat or plan. All structures shall be sited away from ridgetops and ridgelines. Whenever possible, structures shall be sited at lower elevations and close to existing roads.
(2) 
Structure design. Structures shall blend in with natural surroundings through preferred use of stone or natural wood siding and use of roofing materials with earthtone colors.
(3) 
Lighting. Exterior lighting shall be controlled in both height and intensity. Screening or shielding of luminaries may be required.
(4) 
Structure screening. As a condition of approval, an applicant may be required to preserve existing vegetation or provide new plantings of native vegetation to screen structures. Additionally, a conservation easement pursuant to § 247 of the General Municipal Law and §§ 49-0301 through 49-0311 of the New York Environmental Conservation Law shall be the preferred means to protect or buffer views.
(5) 
Existing vegetation. Existing vegetation shall be preserved to the maximum extent possible. Every attempt shall be made to limit cutting necessary for either construction or the opening of views from the subject site in order to maintain native vegetation as an effective screen for structures that may be visible from public roads or parks and other public views.
(6) 
Tree cutting. No cutting of trees exceeding four inches in diameter (measured at a height of four feet off the ground) except for harvests of less than 15 cords or less than 10,000 board feet on any one parcel shall take place except in accordance with an approved building permit, site plan, subdivision or timber harvesting plan. Cutting of all trees in a single contiguous area exceeding 20,000 square feet shall be prohibited.
(7) 
Trail access and setback. The town, consistent with §§ 277 and 281(d) of the New York Town Law, shall seek trail corridor access and setback of development away from trails where documentation exists that the subject parcel includes an existing or potential public trail, such as the Long Path.
(8) 
Underground utilities. All electric, telephone, television and other communication lines, both main and service connections, servicing new developments 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.
(9) 
Recreation open space. As a condition of approval, the Town may require up to 20% of any parcel within the Overlay District for parkland, recreation and open space purposes, so long as this condition does not reduce the number of units allowable under applicable zoning. Such land shall be dedicated pursuant to Subsection F of these regulations.
(10) 
Telecommunication towers. Throughout the Shawangunk Ridge Overlay District, WTS facilities shall be discouraged. In all cases the Town shall encourage site plans having the least visual impact on the environment, shared use of towers rather than new construction, reduced tower height to limit the need for external lighting, and stealth design.
F. 
Dedication of open space. Any land dedicated for open space purposes shall be used only for park, recreation, conservation or selective timbering and agricultural purposes. Such land shall be encumbered by appropriate covenants or conservation easements approved by the Planning Board ensuring that the open space cannot be further subdivided; the use of the open space will continue in perpetuity for the stated purpose; and appropriate provisions will be made for maintenance.
(1) 
The ownership of land dedicated for park, recreation or open space use shall be determined by the property owner or applicant subject to approval by the Planning Board. The person or entity having the right of ownership shall be responsible for its proper maintenance and continued upkeep. Ownership shall be with one of the following:
(a) 
The town;
(b) 
Another public jurisdiction or agency subject to its acceptance;
(c) 
A private nonprofit organization incorporated with a purpose consistent with the use and management requirements of the dedicated land;
(d) 
Shared, common interest by all property owners in a subdivision;
(e) 
A homeowner, condominium, or cooperative association or organization; or
(f) 
Private ownership encumbered by a conservation easement pursuant to § 247 of the General Municipal Law or §§ 49-0301 through 49-0311 of the Environmental Conservation Law.
(2) 
Any land dedication for purposes of this section shall be recorded in the County Clerk's office. All lands dedicated for the purposes of this section shall be clearly identified on a final plat or plan. Such identification shall note use, ownership, and management as well as liber and page of relevant filings with the County Clerk's office.
A. 
Purpose. The purpose of this section is to ensure that the trees and forests of the Town are protected from unregulated removal and destruction. It is the policy of the Town of Mamakating to limit clear-cutting activities in the Town since they have the effect of increasing the potential for soil erosion and can degrade existing water quality through siltation and sedimentation, create visual scars on the landscape, and reduce forest habitat.
B. 
Approval required. No building permit shall be issued for any activity which proposes to clear-cut an area in excess of one acre unless in connection with a site plan or subdivision plan approved by the Planning Board, or in connection with a timber harvesting license issued by the Planning Board in accordance with Chapter 181, Trees, of the Code of the Town of Mamakating. Any other activity which proposes to clear-cut one acre or more of land shall require site plan approval by the Planning Board. Nothing herein shall be construed to permit clear-cutting where otherwise prohibited in this chapter or elsewhere in the Code of the Town of Mamakating.
C. 
Submission required. The proposed clear-cutting of land shall require submission of the following:
(1) 
Survey map illustrating the property boundaries and delimiting the area proposed to be clear-cut.
(2) 
Location of any trees in excess of eight inches measured four feet from the ground within the clear-cut area.
(3) 
The location of any streams within 200 feet of the limits of the clear-cut activity.
(4) 
The removal of trees creates the potential for soil erosion and sedimentation impacts since clear-cutting activities are often conducted in association with land disturbance activities, e.g., grading and filling. Mitigation measures shall be documented on the site plan to reduce impacts associated with soil erosion and sedimentation. Best management practices promulgated by the New York State Department of Environmental Conservation shall be followed.
D. 
Standards. An application to clear-cut land shall only be approved if it meets the following standards:
(1) 
The activity is one that minimizes, to the maximum extent practicable, the need to conduct clear-cutting. Wherever possible, the applicant shall be required to perform selective cutting.
(2) 
Clear-cutting shall not be conducted within 10 feet of any rear or side lot line, nor within 25 feet of any front lot line.
(3) 
Clear-cutting activities shall be minimized to reduce visual impact to scenic views in the community. In these instances, selective cutting is the preferred alternative.
(4) 
Clear-cutting shall avoid removal of large-diameter trees (eight-inch diameter and greater). The Planning Board may require the use of protective measures to ensure that clear-cutting activities do not impact said trees. Mitigation measures may include the temporary installation of fencing along the tree dripline to avoid disturbance or compaction of the tree's roots.
E. 
Exceptions. A permit to clear-cut land shall not be required for the following activities, provided they do not exceed the disturbance of one acre or more:
(1) 
Minor tree removal activities associated with home landscaping, repairs and maintenance work;
(2) 
Individual service connections and construction or installation of public utility lines, septic tank lines, or septic fields;
(3) 
Preparation of a site for the construction of a single-family or two-family residence separately built;
(4) 
Installation of fence and sign posts or telephone and electric poles and other kinds of posts and poles;
(5) 
Highway or public utility construction or maintenance;
(6) 
Emergency work to protect life, limb and property.
F. 
Inspection required prior to issuance of permit. Upon site plan approval of the Planning Board, and prior to the issuance of a permit to clear-cut, the applicant shall be required to flag the area proposed to be cut and shall provide written notice to the Building Inspector that said area has been delineated. Large-diameter trees to be preserved shall also be flagged. All mitigation measures shall be installed. The Building Inspector shall inspect the premises and shall issue a permit to conduct the clear-cut activity upon a finding that the limits of clear-cut have been delineated in accordance with that area shown on the site plan and that mitigation measures have been implemented.
[Added 12-18-2007 by L.L. No. 3-2007]
A. 
Definitions. The terms used in this section and Chapter 160 or in documents prepared or reviewed under this section and Chapter 160 shall have the meaning as set forth in this section.
AGRICULTURAL ACTIVITY
The activity of an active farm including grazing and watering livestock, irrigating crops, harvesting crops, using land for growing agricultural products, and cutting timber for sale, but shall not include the operation of a dude ranch or similar operation, or the construction of new structures associated with agricultural activities.
APPLICANT
A property owner or agent of a property owner who has filed an application for a land development activity.
BUILDING
Any structure, either temporary or permanent, having walls and a roof, designed for the shelter of any person, animal, or property, and occupying more than 100 square feet of area.
CHANNEL
A natural or artificial watercourse with a definite bed and banks that conducts continuously or periodically flowing water.
CLEARING
Any activity that removes the vegetative surface cover.
CPESC
Certified professional in erosion and sediment control.
CPSWQ
Certified professional in stormwater quality.
DEDICATION
The deliberate appropriation of property by its owner for general public use.
DEPARTMENT
The New York State Department of Environmental Conservation.
DESIGN MANUAL
The New York State Stormwater Management Design Manual, most recent version including applicable updates, that serves as the official guide for stormwater management principles, methods and practices.
DEVELOPER
A person who undertakes land development activities.
EROSION CONTROL MANUAL
The most recent version of the New York Standards and Specifications for Erosion and Sediment Control manual, commonly known as the "Blue Book."
GRADING
Excavation, fill, or movement of material, including the resulting conditions thereof.
IMPERVIOUS COVER
Those surfaces, improvements and structures that cannot effectively infiltrate rainfall, snowmelt and water (e.g., building rooftops, pavement, sidewalks, driveways, etc.).
INDUSTRIAL STORMWATER PERMIT
A State Pollutant Discharge Elimination System permit issued to a commercial industry or group of industries which regulates the pollutant levels associated with industrial stormwater discharges or specifies on-site pollution control strategies.
INFILTRATION
The process of percolating stormwater into the subsoil.
JURISDICTIONAL WETLAND
An area that is inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support a prevalence of vegetation typically adapted for life in saturated soil conditions, commonly known as "hydrophytic vegetation."
LAND DEVELOPMENT ACTIVITY
Construction activity including clearing, grading, excavating, soil disturbance or placement of fill that results in land disturbance of equal to or greater than one acre, or activities disturbing less than one acre of total land area that is part of a larger common plan of development or sale, even though multiple separate and distinct land development activities may take place at different times on different schedules or land less than one acre which is upstream of environmentally sensitive areas such as state jurisdication wetlands, municipal recreation facilities, NYSDEC regulated streams with classification A, B, or CT or other areas as determined by the Stormwater Management Officer.
LANDOWNER
The legal or beneficial owner of land, including those holding the right to purchase or lease the land, or any other person holding proprietary rights in the land.
MAINTENANCE AGREEMENT
A legally recorded document that acts as a property deed restriction, and which provides for long-term maintenance of stormwater management practices.
NONPOINT SOURCE POLLUTION
Pollution from any source other than from any discernible, confined, and discrete conveyances, and shall include, but not be limited to, pollutants from agricultural, silvicultural, mining, construction, subsurface disposal and urban runoff sources.
PHASING
Clearing a parcel of land in distinct pieces or parts, with the stabilization of each piece completed before the clearing of the next.
POLLUTANT OF CONCERN
Sediment or a water quality measurement that addresses sediment (such as total suspended solids, turbidity or siltation) and any other pollutant that has been identified as a cause of impairment of any water body that will receive a discharge from the land development activity.
PROJECT
Land development activity.
RECHARGE
The replenishment of underground water reserves.
SEDIMENT CONTROL
Measures that prevent eroded sediment from leaving the site.
SENSITIVE AREAS
Coldwater fisheries, shellfish beds, swimming beaches, groundwater recharge areas, water supply reservoirs, habitats for threatened, endangered or special concern species.
SPDES GENERAL PERMIT FOR CONSTRUCTION ACTIVITIES
A permit under the New York State Pollutant Discharge Elimination System (SPDES) issued to developers of construction activities to regulate disturbance of one or more acres of land, using the most current form of such permit.
[Amended 10-5-2010 by L.L. No. 2-2010]
SPDES GENERAL PERMIT FOR STORMWATER DISCHARGES FROM MUNICIPAL SEPARATE STORMWATER SEWER SYSTEMS
A permit under the New York State Pollutant Discharge Elimination System (SPDES) issued to municipalities to regulate discharges from municipal separate storm sewers for compliance with EPA-established water quality standards and/or to specify stormwater control standards, using the most current form of such permit.
[Amended 10-5-2010 by L.L. No. 2-2010]
STABILIZATION
The use of practices that prevent exposed soil from eroding.
STOP-WORK ORDER
An order issued which requires that all construction activity on a site be stopped.
STORMWATER
Rainwater, surface runoff, snowmelt and drainage.
STORMWATER HOTSPOT
A land use or activity that generates higher concentrations of hydrocarbons, trace metals or toxicants than are found in typical stormwater runoff, based on monitoring studies.
STORMWATER MANAGEMENT
The use of structural or nonstructural practices that are designed to reduce stormwater runoff and mitigate its adverse impacts on property, natural resources and the environment.
STORMWATER MANAGEMENT FACILITY
One or a series of stormwater management practices installed, stabilized and operating for the purpose of controlling stormwater runoff.
STORMWATER MANAGEMENT OFFICER
An employee or officer designated by the municipality to accept and review stormwater pollution prevention plans, forward the plans to the applicable municipal board and inspect stormwater management practices.
STORMWATER MANAGEMENT PRACTICES (SMPs)
Measures, either structural or nonstructural, that are determined to be the most effective, practical means of preventing flood damage and preventing or reducing point source or nonpoint source pollution inputs to stormwater runoff and water bodies.
STORMWATER POLLUTION PREVENTION PLAN (SWPPP)
A plan for controlling stormwater runoff and pollutants from a site during and after construction activities.
STORMWATER RUNOFF
Flow on the surface of the ground resulting from precipitation.
SURFACE WATERS OF THE STATE OF NEW YORK
Lakes, bays, sounds, ponds, impounding reservoirs, springs, wells, rivers, streams, creeks, estuaries, marshes, inlets, canals, the Atlantic Ocean within the territorial seas of the State of New York and all other bodies of surface water, natural or artificial, inland or coastal, fresh or salt, public or private (except those private waters that do not combine or effect a junction with natural surface or underground waters), which are wholly or partially within or bordering the state or within its jurisdiction. Storm sewers and waste treatment systems, including treatment ponds or lagoons which also meet the criteria of this definition, are not waters of the state. This exclusion applies only to man-made bodies of water which neither were originally created in waters of the state (such as a disposal area in wetlands) nor resulted from impoundment of waters of the state.
303(d)
Section 303(d)(1)(C) of the Clean Water Act and EPA's implementing regulations (40 CFR Part 130) require states to identify those water bodies that do not meet water quality standards after application of the technology-based effluent limitations required by the Act. For these waters, states must consider the development of strategies, including total maximum daily load (TMDL) analysis, for reducing the pollutants that are causing the water quality standards expedience in those waterbodies.
TOTAL MAXIMUM DAILY LOAD (TMDL)
A calculation of the maximum amount of a pollutant that a waterbody can receive and still meet water quality standards, and an allocation of that amount to the pollutant's sources. A TMDL specifies the allowable pollutant loading from all contributing sources (e.g., point sources, nonpoint sources, and natural background) at a level necessary to attain the applicable water quality standards with seasonal variations and a margin of safety that takes into account any lack of knowledge concerning the relationship between the sources of the pollutant and water quality. In essence, a TMDL defines the assimilative capacity of the waterbody to absorb a pollutant and still meet water quality standards.
WATERCOURSE
A permanent or intermittent stream or other body of water, either natural or man-made, which gathers or carries surface water.
WATERWAY
A channel that directs surface runoff to a watercourse or to the public storm drain.
B. 
Stormwater pollution prevention plans.
(1) 
Stormwater pollution prevention plan requirement. No application for approval of a land development activity shall be reviewed until the appropriate board has received a stormwater pollution prevention plan (SWPPP) prepared in accordance with the specifications in this section and Chapter 160.
(2) 
Contents of stormwater pollution prevention plans.
(a) 
All SWPPPs shall provide the following background information and erosion and sediment controls:
[1] 
Background information about the scope of the project, including location, type and size of project.
[2] 
Site map (no smaller than one inch equals 100 feet)/construction drawing(s) for the project, including a general location map. At a minimum, the site map should show the total site area; all proposed improvements; areas of disturbance; areas that will not be disturbed; existing vegetation; on-site and adjacent off-site surface water(s); wetlands and drainage patterns that could be affected by the construction activity; existing and final slopes; locations of off-site material, waste, borrow or equipment storage areas; and location(s) of the stormwater discharges(s);
[3] 
Map and description of the soil(s) present at the site;
[4] 
Construction phasing plan describing the intended sequence of construction activities, including clearing and grubbing, excavation and grading, utility and infrastructure installation and any other activity at the site that results in soil disturbance. Not more than five acres shall be disturbed at any one time unless pursuant to an approved SWPPP.
[5] 
Description of the pollution prevention measures that will be used to control litter, construction chemicals and construction debris from becoming a pollutant source in stormwater runoff;
[6] 
Description of construction and waste materials expected to be stored on site with updates as appropriate, and a description of controls to reduce pollutants from these materials, including storage practices to minimize exposure of the materials to stormwater, and spill-prevention and response;
[7] 
Temporary and permanent structural and vegetative measures to be used for soil stabilization, runoff control and sediment control for each stage of the project, from initial land clearing and grubbing to project closeout;
[8] 
A site map/construction drawing(s) specifying the location(s), size(s) and length(s) of each erosion and sediment control practice;
[9] 
Dimensions, material specifications and installation details for all erosion and sediment control practices, including the siting and sizing of any temporary sediment basins;
[10] 
Temporary practices that will be converted to permanent control measures;
[11] 
Implementation schedule for staging temporary erosion and sediment control practices, including the timing of initial placement and duration that each practice should remain in place;
[12] 
Maintenance schedule to ensure continuous and effective operation of the erosion and sediment control practice;
[13] 
Name(s) of the receiving water(s);
[14] 
Delineation of SWPPP implementation responsibilities for each part of the site;
[15] 
Description of structural practices designed to divert flows from exposed soils, store flows, or otherwise limit runoff and the discharge of pollutants from exposed areas of the site to the degree attainable; and
[16] 
Any existing data that describes the stormwater runoff at the site.
(b) 
Land development activities as defined in Subsection A of this section and meeting Condition A, B or C below shall also include water quantity and water quality controls [postconstruction stormwater runoff controls as set forth in § 199-44B(2)(c) below] as applicable.
[Amended 10-5-2010 by L.L. No. 2-2010]
[1] 
Condition A: stormwater runoff from land development activities discharging a pollutant of concern to either an impaired water identified on the Department's 303(d) list of impaired waters or a total maximum daily load (TMDL) designated watershed for which pollutants in stormwater have been identified as a source of the impairment.
[2] 
Condition B: stormwater runoff from land development activities disturbing five or more acres.
[3] 
Condition C: stormwater runoff from land development activity disturbing between one acre and five acres of land during the course of the project, exclusive of the construction of single-family residences and construction activities at agricultural properties.
(c) 
SWPPP requirements for Conditions A, B and C:
[1] 
All information in Subsection B(2)(a) of this section.
[2] 
Description of each postconstruction stormwater management practice.
[3] 
Site map/construction drawing(s) showing the specific location(s) and size(s) of each postconstruction stormwater management practice.
[4] 
Hydrologic and hydraulic analysis for all structural components of the stormwater management system for the applicable design storms.
[5] 
Comparison of postdevelopment stormwater runoff conditions with predevelopment conditions.
[6] 
Dimensions, material specifications and installation details for each postconstruction stormwater management practice.
[7] 
Maintenance schedule to ensure continuous and effective operation of each postconstruction stormwater management practice.
[8] 
Maintenance easements to ensure access to all stormwater management practices at the site for the purpose of inspection and repair. Easements shall be recorded on the plan and shall remain in effect with transfer of title to the property.
[9] 
Inspection and maintenance agreement binding on all subsequent landowners served by the on-site stormwater management measures in accordance with Subsection D of this section.
[10] 
The SWPPP shall be prepared by a landscape architect, certified professional or professional engineer and must be signed by the professional preparing the plan, who shall certify that the design of all stormwater management practices meets the requirements in this section and Chapter 160.
(3) 
Other environmental permits. The applicant shall assure that all other applicable environmental permits have been or will be acquired for the land development activity prior to approval of the final stormwater design plan.
(4) 
Contractor certification.
(a) 
Each contractor and subcontractor identified in the SWPPP who will be involved in soil disturbance and/or stormwater management practice installation shall sign and date a copy of the following certification statement before undertaking any land development activity: "I certify under penalty of law that I understand and agree to comply with the terms and conditions of the stormwater pollution prevention plan. I also understand that it is unlawful for any person to cause or contribute to a violation of water quality standards."
(b) 
The certification must include the name and title of the person providing the signature, address and telephone number of the contracting firm; the address (or other identifying description) of the site; and the date the certification is made.
(c) 
The certification statement(s) shall become part of the SWPPP for the land development activity.
(5) 
A copy of the SWPPP shall be retained at the site of the land development activity during construction from the date of initiation of construction activities to the date of final stabilization.
C. 
Performance and design criteria for stormwater management and erosion and sediment control. All nonexempt land development activities shall be subject to the following performance and design criteria:
(1) 
Technical standards. For the purpose of this section and Chapter 160, the following documents shall serve as the official guides and specifications for stormwater management. Stormwater management practices that are designed and constructed in accordance with these technical documents shall be presumed to meet the standards imposed by this section and Chapter 160:
(a) 
The New York State Stormwater Management Design Manual (New York State Department of Environmental Conservation, most current version or its successor, hereafter referred to as the "Design Manual");
(b) 
New York Standards and Specifications for Erosion and Sediment Control (Empire State Chapter of the Soil and Water Conservation Society, 2004, most current version or its successor, hereafter referred to as the "Erosion Control Manual").
(2) 
Equivalence to technical standards. Where stormwater management practices are not in accordance with technical standards, the applicant or developer must demonstrate equivalence to the technical standards set forth in Subsection C(1) and the SWPPP shall be prepared by a licensed professional.
(3) 
Water quality standards. Any land development activity shall be in compliance with the stormwater law, and shall not have any turbid waters leaving the site.
D. 
Maintenance, inspection and repair of stormwater facilities.
(1) 
Maintenance and inspection during construction.
(a) 
The applicant or developer of the land development activity or his or her representative shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are installed or used by the applicant or developer to achieve compliance with the conditions of this section and Chapter 160. Sediment shall be removed from sediment traps or sediment ponds whenever their design capacity has been reduced by 50%. The applicant or developer shall provide a plan to the Town of Mamakating for the disposition of the sediment removed from the stormwater facilities.
(b) 
For land development activities as defined in Subsection A of this section and meeting Condition A, B or C in § 199-44B(2)(b)[1], [2] and [3], the applicant shall have a qualified professional conduct site inspections and document the effectiveness of all erosion and sediment control practices every seven days or as required by the most current NYSDEC regulations. Inspection reports shall be maintained in a site logbook and submitted to the Building Department or Town Engineer.
[Amended 10-5-2010 by L.L. No. 2-2010]
(c) 
The applicant or developer or their representative shall be on site at all times when construction or grading activity takes place and shall inspect and document the effectiveness of all erosion and sediment control practices. A contact list shall be provided to the Town of Mamakating prior to any site activities. The contact list shall contain the name and phone numbers of the applicant, developer, project engineer, project manager, project foreman, and emergency contact numbers in the event of any emergencies.
(2) 
Maintenance easement(s). Prior to the issuance of any approval that has a stormwater management facility as one of the requirements, the applicant or developer must execute a maintenance easement agreement that shall be binding on all subsequent landowners served by the stormwater management facility. The easement shall provide for access to the facility at all times for periodic inspection by the Town of Mamakating to ensure that the facility is maintained in proper working condition to meet design standards and any other provisions established by this section and Chapter 160. The easement shall be recorded by the grantor in the office of the County Clerk after approval by the counsel for the Town of Mamakating.
(3) 
Maintenance after construction. The owner or operator of permanent stormwater management practices installed in accordance with this section and Chapter 160 shall ensure they are operated and maintained to achieve the goals of this section and Chapter 160. Proper operation and maintenance also includes, as a minimum, the following:
(a) 
A preventive/corrective maintenance program for all critical facilities and systems of treatment and control (or related appurtenances) which are installed or used by the owner or operator to achieve the goals of this section and Chapter 160.
(b) 
Written procedures for operation and maintenance and training new maintenance personnel.
(c) 
Discharges from the SMPs shall not exceed design criteria or cause or contribute to water quality standard violations in accordance with Subsection C(3).
(4) 
Maintenance agreements. The Town of Mamakating shall approve a formal maintenance agreement for stormwater management facilities binding on all subsequent landowners and recorded in the office of the County Clerk as a deed restriction on the property prior to final plan approval. The maintenance agreement shall be consistent with the terms and conditions of Schedule B of this chapter, entitled "Sample Stormwater Control Facility Maintenance Agreement."[1] The Town of Mamakating, in lieu of a maintenance agreement, at its sole discretion, may accept dedication of any existing or future stormwater management facility, provided such facility meets all the requirements of this section and Chapter 160 and includes adequate and perpetual access and sufficient area, by easement or otherwise, for inspection and regular maintenance.
[1]
Editor's Note: Schedule B is included at the end of this chapter.
[Added 12-15-2009 by L.L. No. 5-2009]
A. 
Notwithstanding the provisions of § 131-13 of this Code, there is hereby established a Senior Mobile/Manufactured Housing Zone in the Town of Mamakating. In the entirety of such zone, up to a total of 20 mobile or manufactured houses shall be authorized, subject to:
(1) 
Site plan approval where the Planning Board shall consider, among other things, adequate spacing of each mobile/manufactured housing unit;
(2) 
Proof adequate to the Planning Board of the Town of Mamakating that water and sewer can be appropriately provided to the residents of such zone and to any residents whose water or sewer capacity may be impacted by the location of such zone;
(3) 
An agreement with the Planning Board that the owner of the land where a senior mobile/manufactured housing park is situated shall enforce the terms of this section against its tenants, including any terms of the addendum,[1] and authorization from the mobile/manufactured housing park owner for the Town of Mamakating to enforce the terms at its option;
[1]
Editor's Note: The addendum is on file in the Town offices.
(4) 
The obtaining of any and all necessary permits or licenses;
(5) 
The other requirements of this section; and
(6) 
Compliance with all other applicable laws except § 131-13.
B. 
The adoption of this section is intended to expand upon the affordable housing options available to Mamakating residents by allowing for the creation of one new senior mobile/manufactured housing zone of up to 20 units in a single manufactured or mobile home park, thereby expanding the affordable housing opportunities available for those over the age of 55 in the Town of Mamakating. There shall be no minimum lot size for mobile/manufactured homes sited pursuant to this zone. The intent of this act is to create a housing community consistent with the Housing for Older Persons Act of 1995.[2]
[2]
Editor's Note: See 24 CFR 100.
C. 
The Senior Mobile/Manufactured Housing Zone shall be a stand-alone mobile home park or a designated area in an existing mobile home park where housing units are contiguous to each other and generally separated from the remainder of the mobile/manufactured housing park in an otherwise undeveloped area which does not have mobile/manufactured housing units located thereon. Each housing unit in each zone shall require at least one occupant per housing unit (defined as a mobile or manufactured home, whether owned by an occupant or otherwise) who is liable for the performance of the terms of a lease of at least one year with the manufactured/mobile home park owner to be over the age of 55, and shall prohibit occupants in such units under the age of 19 years, except as otherwise provided herein. The lease provisions shall be adopted by resolution by the Town Board and may be revised from time to time by the Town Board. In the event the provisions are revised, a public hearing shall be held on the same with notice to the owner of any mobile home park which contains a Senior Mobile/Manufactured Housing Zone. Such provisions shall relate to and effectuate the purposes of this section and shall be filed at all times with the Town Clerk.
D. 
Temporary visitors; age restrictions.
(1) 
Those who stay overnight in the housing unit for less than 14 consecutive days, whose visits are separated by at least 14 days, shall not be deemed "occupants."
(2) 
Those under the age of 19 may stay in the housing unit for not more than 14 consecutive days and not more than a total of 28 days per calendar year.
E. 
In the event a mobile/manufactured home located in the Senior Mobile/Manufactured Housing Zone is owned by a person age 55 or older who resides in such home and such person dies or is otherwise hospitalized or requires long-term health care outside of his or her home, the same shall not prohibit the spouse of such person, regardless of the age of such spouse, from continuing to reside in such home or from having his or her lease renewed if he or she is otherwise in compliance with the terms of all applicable laws and otherwise in compliance with the lease and if the owner of the manufactured/mobile home park agrees to renew such lease. Upon the death of all persons of a mobile/manufactured home who were residents of housing in a Senior Mobile/Manufactured Housing Zone and who were signatories to any lease agreement with the owner or operator of the mobile/manufactured housing park in the Senior Mobile/Manufactured Housing Zone, those responsible for administering the estate of such decedent may sell a mobile/manufactured home in the Senior Mobile/Manufactured Housing Zone to the owner of the mobile/manufactured housing park where such mobile/manufactured home is located or to any person(s) who is (are) qualified to otherwise live in such zone. The owner of the mobile/manufactured housing park which has the Senior Mobile/Manufactured Housing Zone in it shall not unreasonably deny a tenancy or lease to a prospective purchaser of a mobile/manufactured home being sold by the estate of a tenant in such zone where such deceased tenant or his or her spouse previously had a lease with the owner of the mobile/manufactured home park. The terms of such lease shall be substantially similar to the terms of all other leases in the Senior Mobile/Manufactured Housing Zone where the tenant owns the mobile/manufactured home and leases lot space from the owner of the manufactured/mobile home park, except nothing shall prohibit the owner of such park from otherwise increasing his or her lot rental by not more than 10% of the highest lot rent otherwise paid for a lot rental in the zone.
F. 
Exceptions to age restrictions.
(1) 
Notwithstanding the foregoing, individuals under the age of 19 may stay with an occupant for extended periods, not to exceed six months, where the occupant has obtained temporary legal guardianship or custody of said individual(s). The occupant who has obtained such temporary legal guardianship or custody of such individual(s) under the age of 19 shall notify the park owner or its agent of this case, and such park owner or manager shall notify the Town of Mamakating Code Enforcement Officer of this fact and the start date of the occupancy of the individual(s) under the age of 19. Such notice shall be in writing and mailed returned receipt requested or hand delivered with a receipt therefor acknowledged to the Town of Mamakating Code Enforcement Officer. Said occupants may not invoke the provisions of this subsection more than two times.
(2) 
The six-month time period provided for herein may be extended for periods of six months or less, but not more than twice, upon application to the Town of Mamakating Planning Board by the tenant/occupants charged with performing the conditions of the lease and after a public hearing at which the other occupants of the Senior Mobile/Manufactured Housing Zone are given an opportunity to be heard. The notice for said public hearing shall be posted in the office of any mobile/manufactured housing park which has such zone in it and shall be mailed by mail (not return receipt requested) to the addresses of the occupants of the Senior Mobile/Manufactured Housing Zone, which addresses shall be supplied by the Park Operator to the applicant within five days of such applicant's request for same. Proof of such certified mailing (i.e., an affidavit of service or a receipt from the post office for each mailed notice) shall be filed with or otherwise made to the satisfaction of the Planning Board.
(3) 
It is the intent of this Subsection F to recognize that family situations do, from time to time, require young people to live with their grandparents or other relatives or friends over the age of 55 and to provide a reasonable manner of accommodating a temporary occupancy by such individuals where they may have no other practical or safe place to reside. The Planning Board may grant up to two extensions of up to an additional six months per extension upon application to the Board. The Planning Board, in considering an extension, shall consider the effect, if any, on the quiet enjoyment of neighbors, the impact on sewer and water in the community, and the efforts of the occupants over the age of 19 to pursue other, permanent housing for themselves or the individuals under age 19 during the extension being sought. In the event any provision of this subsection is adjudged illegal, unconstitutional, or unenforceable by any court of competent jurisdiction, the entire Subsection F shall be deemed to be stricken.
G. 
Language shown on the addendum attached hereto shall be made an addendum to each lease between a mobile/manufactured home park owner who utilizes the senior mobile/manufactured housing designation and any tenant who is responsible for the performance of lease terms who resides in a Senior Mobile/Manufactured Housing Zone.[3] The mobile/manufactured park owner(s) shall provide the Town of Mamakating Code Enforcement Officer with a copy of each signed lease for any mobile/manufactured home in a senior/manufactured mobile housing development within 14 days of such lease being executed by the occupants thereof. The language in the addendum may be amended from time to time by resolution of the Town Board, but such amendment shall not reduce the number of housing units approved under this section. If such language in the addendum is amended, the owner of the mobile/manufactured housing park where senior mobile/manufactured housing exists shall be given notice of the proposed amendment at least 30 days in advance and shall have the authority to challenge the addendum as having improperly diminished the provisions or purposes of any other agreement the owner has entered into, if any, with the Town of Mamakating Town Board, including the settlement of legal claims between the parties.
[3]
Editor's Note: The addendum is on file in the Town offices.
H. 
A mobile/manufactured home park owner who utilizes the senior mobile/manufactured housing designation for the locating or placement of mobile/manufactured homes shall, and upon application to the Planning Board for site plan approval does, give the Town of Mamakating Building Inspector the right to commence a summary proceeding under the Real Property Actions and Proceedings Law, as amended, or any other applicable section of New York State law, for purposes of bringing an eviction proceeding against any occupant, tenant, lessee, or mobile/manufactured home owners in violation of any term of the lease upon direction of the Building Inspector of the Town of Mamakating. Further, such owner agrees himself or herself to enforce the terms of the lease.
I. 
This section shall take effect upon filing with the Secretary of State.