A.Â
Purpose. The purpose of the following section is to
ensure that the highest standards of site, building, and landscape
design are conscientiously met through the use of qualified technical
and aesthetic judgment, compatible with the Comprehensive Plan. In
acting upon plats, the Planning Board shall require that:
B.Â
Site design.
(1)Â
Design of the development shall take into consideration
all existing local and regional plans for the surrounding community,
including the Comprehensive Plan.
(2)Â
Development of the site shall be based on the land
conservation analysis. To the maximum extent practicable, development
shall be located to preserve the natural features of the site, to
avoid areas of environmental sensitivity, and to minimize negative
impacts on and alteration of natural features.
(3)Â
The following specific areas shall be preserved as
undeveloped open space, to the extent consistent with the reasonable
utilization of land, and in accordance with Town of Blooming Grove,
Orange County, New York State and federal regulations:
(a)Â
Unique and/or fragile areas, including wetlands
as defined by the Federal Clean Water Act and regulations and using
the methodology contained in the Federal Manual for Identifying and
Delineating Jurisdictional Wetlands (1989) (also known as the "Federal
Interagency Wetland Delineation Manual of 1989") as revised from time
to time;
(b)Â
Significant trees or stands of trees; trees
of diameter of eight inches or greater, measured at breast height;
or species or clumps of trees that are rare to the area or of particular
horticultural or landscape value;
(c)Â
Lands in wetlands and floodplains, as defined
by New York State and/or local law and regulations as revised from
time to time;
(d)Â
Steep slopes in excess of 25% with a minimum
area of 2,000 square feet and a minimum width perpendicular to the
contour of 10 feet;
(e)Â
Habitats of endangered or protected species,
as identified on federal or state lists as revised from time to time;
(f)Â
Historically significant structures and sites
listed or pending approval for listing on federal and state lists
of historic places as revised from time to time; and
(g)Â
Cemeteries and burial grounds.
(4)Â
The development shall be laid out to avoid adversely
affecting groundwater and aquifer recharge; to reduce cut and fill;
to avoid unnecessary impervious cover; to prevent flooding; to provide
adequate access to lots and sites; and to mitigate adverse effects
of shadow, noise, odor, traffic, drainage, and utilities on neighboring
properties.
(5)Â
The development shall be laid out to ensure that buildings have been
located and road designs have been planned on an east/west access
to encourage building siting with a maximum exposure of roof and wall
to the sun, taking into account the slope of the property and the
nature and location of existing vegetation as it may affect solar
access.
[Added 8-8-2017 by L.L.
No. 7-2017]
C.Â
Residential development design.
(2)Â
Structures in overlay districts are subject to additional
visual assessment review.
(3)Â
The Planning Board may vary lot areas and dimensions,
yards, and setbacks for the purpose of encouraging and promoting flexibility,
economy and environmental soundness in layout and design, provided
that such standards shall be appropriate to the type of development
permitted. However, when new lots are proposed in built-up subdivisions,
the Planning Board shall consider the dimensions, setbacks, road frontage
and other features of existing lots to promote a logical coherence
among the proposed and existing lots.
(4)Â
Residential lots shall front on residential access
or subcollector streets, not on collector streets.
(5)Â
Every lot shall have sufficient access to it for emergency
vehicles as well as for those needing access to the property in its
intended use.
(6)Â
The placement of units in any residential development shall take
into consideration topography, privacy, building height, orientation,
drainage, solar access and aesthetics.
[Amended 8-8-2017 by L.L.
No. 7-2017]
(7)Â
Buildings shall be spaced so that adequate privacy
is provided for units.
(8)Â
All utilities shall be placed underground.
D.Â
Circulation system design.
(1)Â
The road system shall be designed to permit the safe,
efficient, and orderly movement of traffic; to meet the needs of the
present and future population served; to have a simple and logical
pattern; to respect natural features and topography; and to present
an attractive streetscape.
(2)Â
In residential subdivisions, the road system shall
be designed to serve the needs of the neighborhood and, unless waived
by the Planning Board, to discourage use by through traffic.
(3)Â
The pedestrian system shall be located as required
for safety. Unless waived by the Planning Board:
(a)Â
In conventional developments, walks shall be
placed parallel to the street, with exceptions permitted to preserve
natural features or to provide visual interest;
(b)Â
In planned developments, walks may be placed
away from the road system, but they also may be required by the Planning
Board to be placed parallel to the street for safety reasons.
E.Â
Landscape design.
(1)Â
Reasonable landscaping, in the judgment of the Planning
Board, shall be provided at site entrances, in public areas, and adjacent
to buildings. The type and amount of landscaping required shall be
allowed to vary according to the type of development.
(2)Â
The design shall be prepared, signed and sealed by
a landscape architect licensed in the State of New York.
(3)Â
The plant or other landscaping material that best
serves the intended function shall be selected. Landscaping materials
shall be appropriate for the local environment, soil conditions, and
availability of water. The impact of the proposed landscaping plan
at various time intervals following installation shall also be considered.
F.Â
Conservation areas.
(1)Â
Conservation areas shall such access, shape, size,
and location as determined appropriate by the Planning Board to satisfy
the intended purpose. Areas designated for open space or land conservation
shall not include parking facilities or roads.
(2)Â
The permanent preservation of such open space or conservation
areas shall be legally ensured to the satisfaction of the Planning
Board and the Town Attorney by the filing of appropriate covenants,
deed restrictions, easements or other agreements, unless the Town
Board agrees, in its discretion, to accept the dedication of such
areas or unless all or part of such areas is transferred to a conservation
organization which is dedicated to the permanent preservation of open
spaces and is approved by the Town Board. Said organization shall
be required to submit satisfactory documents ensuring the preservation
of open spaces.
(3)Â
The boundaries of conservation areas shall be delineated
in the following manner:
(b)Â
Concrete monuments, which shall stand a minimum
of 36 inches above finished grade and installed at property lines,
every change in direction and equally spaced, maximum of 75 feet along
straight runs or as determined by the Planning Board, or
(c)Â
Alternative delineation acceptable to the Planning
Board.
(4)Â
Except where otherwise approved by the Planning Board,
conserved land areas shall be preserved in their natural state, and
the use of such areas shall be limited to appropriate conservation,
open space and recreation purposes as determined by the Planning Board.
A portion of the conserved land areas may be designated "active recreation
area" on the plat, in a location approved by the Planning Board. Such
private active recreation area shall not exceed 10% of the total conservation
area of the proposed plat. Within such private area, structures and
facilities for active recreational purposes may be constructed and
operated for the use of property owners and their guests. Where determined
appropriate by the Planning Board, it may specify a phased construction
schedule for such structures and facilities.
(5)Â
A preserved conservation area shall not be considered
lands set aside for park or recreation purposes unless expressly so
determined by the Planning Board.
G.Â
Street and highway design standards. See Town Highway Construction Specifications and Town Code, Chapter 204.
H.Â
Walkways and sidewalks. Sidewalks shall be placed
in the right-of-way, parallel to the street, unless an exception has
been permitted to preserve topographical or natural features or to
provide visual interest, or unless the applicant shows that an alternative
pedestrian system provides safe and convenient circulation. In commercial
and in high-density residential areas, sidewalks may abut the curb.
J.Â
Water and sewerage facilities.
(1)Â
All water and wastewater facilities shall be designed
and constructed to the appropriate municipal standard of quality.
The facilities shall be constructed subject to the review of the Town
Engineer. A water/sewer district and/or a backup water/sewer district
shall be formed at the discretion of the Town Board. The Town shall
be under no obligation to accept such facilities either at the time
of construction or in the future. Additionally, the developer, and,
subsequently, the homeowners, shall establish both a capital fund
and an operation and maintenance fund to ensure proper upkeep of the
facilities. The Town shall review the accounts of the district as
the Town deems necessary to monitor the maintenance activity and financial
status of the district.
(2)Â
Where required by regulations of other agencies or
by the Planning Board, the proposed subdivision plat shall be properly
endorsed and approved by the Department of Health having jurisdiction.
Such endorsement and approval shall be secured by the applicant after
approval of the preliminary plat by the Planning Board.
(3)Â
Department of Health approval shall constitute only
the minimum requirement necessary, and where considered essential
by the Board, a public sanitary and/or water system may be required
for any subdivision plat.
(4)Â
All sewage systems shall be constructed in conformance
with Town, Orange County and New York State requirements.
(5)Â
Water and sewer mains and systems shall be offered
for dedication to the Town and, if accepted, shall be maintained by
the Town and shall be located in the street rights-of-way or in perpetually
unobstructed easements of a width adequate for servicing.
L.Â
Preservation of natural environment.
(1)Â
Subdivision design shall preserve, insofar as possible,
the natural terrain and natural watercourses, improvements and drainage
areas.
(2)Â
To the extent possible and practicable, significant
trees and shrubs that exist on the site shall be preserved. To accomplish
this, the following parameters shall be observed:
(a)Â
Standing trees. There shall be no disturbance
of land within 10 feet from the dripline of a significant standing
tree; and
(b)Â
Removal. When significant trees are removed,
no less than 75% of the "canopy cover" lost shall be replaced with
new trees. The subdivision plat shall show the following: i) trees
to be removed or likely to be removed; ii) replacement trees; and
iii) the type and size of the trees identified in Items (i) and (ii).
The area of "canopy cover" lost shall be determined by use of the
canopy cover and/or basal area formulas. The Planning Board may reduce
the number of new or replacement trees if, in its opinion, the plantings
might damage other trees or flora or if the number of new or replacement
trees is excessive for the site.
(3)Â
Natural fertility of the soil shall be preserved by
disturbing it as little as possible, and no topsoil shall be removed
from the site.
