Town of Somers, NY Article IV Business Historic Preservation District

[Added 8-17-1978; amended 8-12-1982; 9-13-1984; 12-19-2003 by L.L. No. 12-2003]

§ 170-14 Purpose.

[Amended 11-13-2008 by L.L. No. 11-2008]

Pursuant to the Town of Somers Comprehensive Master Plan, it is the purpose of the B-HP District to maintain the historic development patterns of the Somers hamlet, including the size and spacing of structures and open spaces, to encourage the protection and enhancement of the features of the Somers hamlet that have a special historical, architectural, cultural, aesthetic or other similar special interest or value as well as to allow the reasonable use of land and buildings as appropriate to strengthen the historic function of the Somers hamlet as the community and government center of the Town in a manner that encourages the creation of an economically healthy, functionally efficient, environmentally sound and visually attractive mixed-use area of small-scale business, residential and public uses.

§ 170-15 (Reserved)

§ 170-15.1 Principal uses.

[Amended 11-13-2008 by L.L. No. 11-2008; 11-10-2022 by L.L. No. 7-2022; 9-14-2023 by L.L. No. 4-2023]

A. In a B-HP District, no building, structure or premises, in whole or in part, shall be used and no building or structure, in whole or in part, shall be erected, enlarged, structurally altered or moved except for the following purposes or as herein elsewhere specifically provided, together with the accessory uses specified in § 170-15.2 herein:

(1) Cemeteries.

(2) A farm or small farm subject to the limitations set forth in the definitions of "farm" and "small farm" in § 170-3 of this chapter.

(3) Single-family detached dwellings.

(4) Separate dwelling units on floors above any authorized nonresidential use, if separated therefrom by unpierced firewalls and ceilings, and provided with a separate entrance.

(5) On a lot of not less than two acres, places of worship, parish houses and/or buildings for religious education.

(6) On a lot of not less than two acres, schools and other public facilities.

(7) Child/adult day-care facilities.

(8) Art galleries, museums and community theaters.

(9) Studios and shops of craftsman and artisans.

(10) Medical, dental, veterinary, professional and business offices located in any portion of a building that was in existence on the effective date of this provision, but excluding offices whose primary function is a medical laboratory or clinic. Such uses shall also be permitted in any new floor area constructed on the upper level of such existing building subsequent to that date, provided that the upper level floor area in existence on the effective date of this provision represents at least 30% of the lower level floor area in existence on such date and the total floor area on the upper level after it has been enlarged does not exceed 100% of the floor area of the lower level of such building. Such uses shall also be permitted in a new building constructed after the effective date of this provision, provided that all such permitted offices are located only on the lowest level at grade that faces the major roadways of U.S. Route 202, N.Y. Route 100 or N.Y. Route 116 and residential uses are established on the upper level(s) of such building.

(11) Banks or similar financial institutions located in any portion of a building that was in existence on the effective date of this provision. Such uses shall also be permitted in any new floor area constructed on the upper level of such existing building subsequent to that date, provided that the upper level floor area in existence on the effective date of this provision represents at least 30% of the lower level floor area in existence on such date and the total floor area on the upper level after it has been enlarged does not exceed 100% of the floor area of the lower level of such building. Such uses shall also be permitted in a new building constructed after the effective date of this provision, provided that all such uses are located only on the lowest level at grade that faces the major roadways of U.S. Route 202, N.Y. Route 100 or N.Y. Route 116 and residential uses are established on the upper level(s) of such building.

(12) Personal service establishments located in any portion of a building that was in existence on the effective date of this provision, but excluding any health and fitness centers or any dry-cleaning establishment that is engaged in the laundering of wearing apparel or household effects on the premises and tattoo parlors. Such uses shall also be permitted in any new floor area constructed on the upper level of such existing building subsequent to that date, provided that the upper level floor area in existence on the effective date of this provision represents at least 30% of the lower level floor area in existence on such date and the total floor area on the upper level after it has been enlarged does not exceed 100% of the floor area of the lower level of such building. Such uses shall also be permitted in a new building constructed after the effective date of this provision, provided that all such uses are located only on the lowest level at grade that faces the major roadways of U.S. Route 202, N.Y. Route 100 or N.Y. Route 116 and residential uses are established on the upper level(s) of such building.

(13) Restaurants, taverns and ice cream parlors located in any portion of a building that was in existence on the effective date of this provision, but excluding fast-food establishments and drive-in, drive-through or curbside service. Such uses shall also be permitted in any new floor area constructed on the upper level of such existing building subsequent to that date, provided that the upper level floor area in existence on the effective date of this provision represents at least 30% of the lower level floor area in existence on such date and the total floor area on the upper level after it has been enlarged does not exceed 100% of the floor area of the lower level of such building. Such uses shall also be permitted in a new building constructed after the effective date of this provision, provided that all such uses are located only on the lowest level at grade that faces the major roadways of U.S. Route 202, N.Y. Route 100 or N.Y. Route 116 and residential uses are established on the upper level(s) of such building.

(14) Retail stores located in any portion of a building that was in existence on the effective date of this provision, including but not limited to thrift, consignment and antique shops, bakeries and delicatessens, but not convenience stores, provided that the Planning Board approves the use as being consistent with the nature, character and purpose of the B-HP District. Within any retail establishment that sells food or beverages, a maximum of 10 seats may be provided for customer use. If a greater number of seats are provided, such use shall be considered a restaurant. Such uses shall also be permitted in any new floor area constructed on the upper level of such existing building subsequent to that date, provided that the upper level floor area in existence on the effective date of this provision represents at least 30% of the lower level floor area in existence on such date and the total floor area on the upper level after it has been enlarged does not exceed 100% of the floor area of the lower level of such building. Such uses shall also be permitted in a new building constructed after the effective date of this provision, provided that all such uses are located only on the lowest level at grade that faces the major roadways of U.S. Route 202, N.Y. Route 100 or N.Y. Route 116 and residential uses are established on the upper level(s) of such building.

(15) Undertaking establishment.

(16) On a lot of not less than 1/2 acre, bed-and-breakfast establishments, as permitted and regulated in § 170-82.1 of this chapter, and subject to approval of a special exception use permit in accordance with the provisions of Articles XI and XVIII of this chapter.

(17) Clubs, as permitted and regulated in § 170-63 of this chapter, and subject to approval of a special exception use permit in accordance with the provisions of Articles XI and XVIII of this chapter.

(18) Roadside stands for the sale of agricultural products, as permitted and regulated in § 170-72 of this chapter, and subject to approval of a special exception use permit in accordance with the provisions of Articles XI and XVIII of this chapter.

(19) Municipal facilities.

B. For any principal use permitted herein, no merchandise shall be placed outdoors for the purpose of sale, display or storage.

C. Affordable dwelling units.

(1) At least 15% or no less than one unit, which ever is greater, of all permitted residential dwelling units shall consist of affordable dwelling units, as defined in § 170-3 of this chapter.

(2) All other standards as discussed in Article XIA, Affordable Housing, shall apply.

§ 170-15.2 Accessory uses.

No accessory uses shall be permitted in a B-HP District other than the following:

A. Off-street parking and loading facilities, in accordance with the provisions of §§ 170-33, 170-36, 170-37 and 170-40 of this chapter, and as depicted on an approved site plan.

B. Exterior signs, in accordance with the provisions and procedures of Chapter 6 and § 170-126 of this chapter, and as depicted on an approved site plan.

[Amended 7-10-2008 by L.L. No. 6-2008]

C. Necessary exterior lighting, in accordance with the provisions of § 170-17.2E of this chapter, and as depicted on an approved site plan.

D. On lots containing fewer than five acres, the raising of fruit and garden crops within the rear and side yards, except that fruit trees may also be raised in the front yard.

E. On any lot of not less than 12,000 square feet, a noncommercial greenhouse for personal use only, provided that it shall not exceed 2% of the lot area, shall be located only in the rear yard, and shall not be located nearer to the rear lot line than 10 feet. If artificial light is used therein, it shall be screened so that the source of light and the area illuminated shall not be visible from outside the building.

F. The harboring of dogs and cats as household pets, provided that the total number of such pets above the age of six months shall not exceed three for each classification.

G. Other accessory structures, such as toolhouses, storage sheds, playhouses, outdoor fireplaces, housing for permitted animals, and private garages or carports for off-street parking, provided that they are not located in the front yard or nearer than 10 feet to any side or rear yard.

H. A home occupation as defined in this chapter, provided that not more than one assistant other than the regular occupants of the premises shall be employed in connection with any such professional office use.

I. Customary incidental home occupations conducted solely by the persons residing on the premises, provided that not more than 1/2 of the area of one floor of the dwelling is so used, only customary household appliances and equipment are used, and no persons other than the regular occupants of the premises are employed therein.

J. The keeping of not more than four boarders or lodgers by the owner of the property actually residing thereon, provided that no more than two persons shall be permitted in each room.

K. Accessory apartment in a single-family residence as permitted and regulated in § 170-70 of this chapter, and subject to approval of a special exception use permit in accordance with the provisions of Articles XI and XVIII of this chapter.

L. Any other use clearly and customarily incidental and accessory to a permitted principal use and conducted in conjunction with such use.

§ 170-16 Uses subject to site plan approval.

[Amended 7-10-2008 by L.L. No. 6-2008]

Notwithstanding the provisions of § 170-114A(4) to the contrary, all uses permitted under this article, except for sign applications not part of a larger site plan amendment or modification, shall be subject to site plan approval by the Planning Board as provided in § 170-114 of this chapter prior to the approval of a building permit. Where the requirements contained in Chapter 144, Site Plan Review, of the Code of the Town of Somers conflict with the dimensional standards and requirements contained in this article, the standards and requirements set forth herein shall apply. Proposed alterations of existing buildings and site conditions shall be subject to amended site plan approval by the Planning Board in accordance with the same procedures. However, nothing in this article shall be construed to prevent the ordinary maintenance and repair of any exterior architectural feature and its related landscaping that does not involve a change in design, material, color or exterior appearance thereof. Where such change in design, material, color or exterior appearance is proposed and is not part of any activity requiring the approval of a building permit, such change shall be undertaken in full conformance with the provisions of § 170-17.2C, D and E of this chapter, and any other applicable provisions of the Code of the Town of Somers.

§ 170-17 (Reserved)

§ 170-17.1 Dimensional standards and requirements.

The following dimensional standards and requirements shall apply with respect to all uses in a B-HP District:

A. Except as otherwise specified in § 170-15.1 herein, the minimum lot size shall be 12,000 square feet and shall be further subject to the provisions of Article XA of this chapter.

B. The minimum lot width at the front lot line shall be 100 feet. Such lot width shall be measured along the front lot line and shall be maintained at all points between the front lot line and a line parallel thereto, tangent to the nearest part of the front of the principal building. For lots having frontage on more than one street, the approval authority shall select the street line to be considered the front lot line for purposes of measuring the lot width at the front lot line based upon consideration of such factors as building orientation and setback from the street, location of access drive and street address. Notwithstanding that determination, all street lines shall continue to be treated as front lot lines for purposes of applying yard requirements and any other applicable provisions of this chapter.

C. The maximum building coverage for all principal buildings on a lot shall be 10%. If a proposed site plan will involve the removal of an existing principal building that has been determined by the Planning Board to be of architectural, historical, cultural or similar significance or will involve modification to such a building in a manner that has the effect of detracting from its existing physical setting, the maximum building coverage of 10% for principal buildings shall be reduced by the area of the footprint of the existing principal building to be removed or modified.

D. The maximum building coverage for all accessory buildings on a lot shall be 1%. If a proposed site plan will involve the removal of an existing accessory building that has been determined by the Planning Board to be of architectural, historical, cultural or similar significance or will involve modification to such a building in a manner that has the effect of detracting from its existing physical setting, the maximum building coverage of 1% for accessory buildings shall be reduced by the area of the footprint of the existing accessory building to be removed or modified.

E. The maximum floor area ratio (FAR) shall be 0.20 on lots of less than 12,000 square feet, 0.18 on lots of at least 12,000 square feet and less than 1/2 acre, 0.16 on lots of at least 1/2 acre and less than one acre, and 0.14 on lots of one acre and larger, but not to exceed 0.12 on lots of less than 12,000 square feet, 0.10 on lots of at least 12,000 square feet and less than 1/2 acre, 0.09 on lots of at least 1/2 acre and less than one acre, and 0.08 on lots of one acre and larger for nonresidential uses. If a proposed site plan will involve the removal of an existing building that has been determined by the Planning Board to be of architectural, historical, cultural or similar significance or will involve modification to such a building in a manner that has the effect of detracting from its existing physical setting, the maximum floor area ratio (FAR) shall be reduced by the existing gross floor area of the building to be removed or modified.

F. The maximum site coverage (buildings, access roads and parking, but excluding walkways) shall be 40%.

G. The maximum building footprint for any individual principal building on a lot shall be 3,000 square feet. Such footprint shall be measured from a plan view of the building.

H. The maximum building footprint for any individual accessory building on a lot shall be 50% of the footprint of the smallest principal building located on the same lot, or 750 square feet, whichever is less. Such footprint shall be measured from a plan view of the building.

I. The minimum building height for principal buildings shall be 1 1/2 stories and 15 feet. The maximum building height for principal buildings shall be 2 1/2 stories and 35 feet, unless the Planning Board permits such height limitations to be exceeded for certain architectural features based upon a determination that such features will help to better achieve to the design guidelines set forth in § 170-17.2 herein, the resulting development character of the subject site will further the purposes set forth in § 170-14 of this chapter and the additional building height will not adversely affect abutting properties.

J. The maximum building height for accessory buildings shall be 1 1/2 stories and 25 feet.

K. For any principal building with two stories, and notwithstanding any other provision of this article to the contrary, the second story may project beyond the footprint of the first story, provided that such projection does not exceed 10 feet and the total area of the second story does not exceed 125% of the total area of the first story.

L. Except as otherwise provided herein, the front yard shall be a minimum of 20 feet and a maximum of 40 feet. The Planning Board shall be authorized to increase the maximum front yard requirement in order to retain and ensure the long-term preservation of existing natural features, such as, but not limited to, significant trees. Within a front yard facing the major roadways of U.S. Route 202, N.Y. Route 100 and N.Y. Route 116, the entire area shall be landscaped and/or maintained in its natural state except for necessary access drives and walkways providing direct vehicular and pedestrian connections between the subject lot and the adjacent street, and permitted freestanding signage, lighting, street furniture, courtyards, plazas and other similar pedestrian amenities. Within a front yard facing any other street, a landscape buffer of 10 feet shall be provided, except for necessary access drives and walkways providing direct vehicular and pedestrian connections between the subject lot and the adjacent street. The front yard shall be measured from the existing or planned future right-of-way of the abutting street or highway, whichever is more restrictive.

M. Where abutting a nonresidential district, the minimum side yard shall be 25 feet, but may be reduced by the Planning Board to not less than 15 feet if at least 30 feet of separation is provided between buildings on adjacent lots that are closest to the common lot line. Within such side yard, at least 10 feet shall be maintained as a landscaped buffer except for necessary access drives and walkways providing direct vehicular and pedestrian connections between the subject lot and an adjacent lot along their common lot line. Where abutting a residence district, the minimum side yard shall be 25 feet, at least 15 feet of which shall be maintained as a landscaped buffer.

N. The minimum rear yard shall be 50 feet. Where abutting a nonresidential district, at least 10 feet of the rear yard shall be maintained as a landscaped buffer except for necessary access drives and walkways providing direct vehicular and pedestrian connections between the subject lot and an adjacent lot along their common lot line. Where abutting a residence district, at least 15 feet of the rear yard shall be maintained as a landscaped buffer.

O. The minimum distance between adjacent buildings shall be equal to 1/2 of the height of the higher building, but in no case less than 15 feet, except that where the New York State Uniform Fire Prevention and Building Code is more restrictive, said Code shall apply.

P. With respect to residential apartments, only efficiency (studio), one-bedroom and two-bedroom dwelling units shall be permitted. The minimum floor area for each unit type shall be 300 square feet for efficiency apartments, 500 square feet for one-bedroom apartments and 700 square feet for two-bedroom apartments.

Q. Off-street parking and loading facilities shall be provided in accordance with §§ 170-33, 170-34C, 170-34D, 170-36, 170-37, 170-40 and 170-41 of this chapter. Notwithstanding the provisions of § 170-37 to the contrary, the Planning Board shall be authorized to modify the dimensional specifications for off-street loading units, provided that the Planning Board finds that the design and location of the proposed loading facilities will satisfactorily accommodate the needs of the uses on the subject site and will not adversely affect traffic circulation on adjacent streets. No off-street parking or loading facilities shall be permitted in any front yard adjacent to the major roadways of U.S. Route 202, N.Y. Route 100 or N.Y. Route 116.

§ 170-17.2 Design guidelines.

It is the objective of these guidelines to establish a general design framework for preserving and/or enhancing the historical features, the traditional architectural character and the scale of buildings in the B-HP District; to help assure that physical modifications made to properties in the district respect the heritage of the area, will be visually attractive and will result in a blending of landscaped open space and structures in a manner that relates to the existing and/or planned character of the district; and to create visual interest and variety in the treatment of architectural surfaces.

A. Streetscape guidelines.

(1) The creation of a distinctive and recognizable streetscape shall be achieved through the creation of a clearly established street edge defined by a combination of maximum building setbacks, the provision of pedestrian walkways, and the provision of mature street trees, hedges and other formal landscaping elements.

(2) Site design shall seek to create an attractive visual link to neighboring public streets and, where appropriate, to create a sense of entrance to the community. The concept of creating a sense of entrance shall be continued up to the front door of individual buildings.

(3) The integrity of prominent natural landforms that form the backdrop for development in the Somers hamlet as viewed from adjacent public streets shall be maintained to the maximum extent possible. These natural landforms shall include but not be limited to slopes and ridgelines.

(4) New buildings shall be sited to reinforce the existing building setbacks that help to define the streetscape edge. If new buildings are to be sited farther back than existing buildings, vegetation composed of indigenous, noninvasive trees and shrubs and/or stone walls with a height of 24 inches or less shall be installed in a manner that is designed to continue the streetscape edge.

(5) The preservation and planting of shade trees along the site frontage shall be required. Such trees shall be of indigenous, noninvasive species that are tolerant of roadside conditions, have a minimum four-inch DBH at time of planting, and be located and installed in a manner that will support healthy growth. To avoid the potential loss of all street trees in the event of a disease outbreak, monoculture plantings shall be avoided. The location of overhead utility wires shall be considered in the selection and placement of such trees.

(6) As part of the development of each site, pedestrian walkways shall be provided by the property owner along the site frontage within the street right-of-way, subject to necessary consultation with the approval authorities having jurisdiction over the construction and maintenance of such features. The specific location and alignment of such walkways shall reflect consistency with any sidewalk plans prepared for the Somers hamlet but may be modified as deemed necessary in the judgment of the Planning Board, including but not limited to placement outside the street right-of-way within an easement area, in order to preserve existing significant trees, extant stone walls and/or other natural or man-made features that contribute to the existing community character. In considering such alternative locations and alignment, every effort shall be made to ensure that connections can be made to walkways on adjacent sites.

(7) Unless specified to the contrary in any supplementary design guidelines document promulgated by the Town of Somers, pedestrian walkways shall have a minimum width of 4 1/2 feet and a maximum width of six feet. They shall be constructed of tinted concrete stamped with a brick pattern that matches the color and design layout of the brick walkway installed along the frontage of the Elephant Hotel site. Such walkways shall be separated from the travel lanes of the adjacent street by a landscaped and curbed planting strip having a minimum width of three feet.

(8) New curb cuts on the major roadways of U.S. Route 202, N.Y. Route 100 and N.Y. Route 116 shall be minimized to the maximum extent possible. To the extent feasible and as required by the Planning Board in accordance with the provisions of § 144-8B(5) of the Code of the Town of Somers, vehicular access to sites shall be provided through common driveways serving adjacent properties or through secondary street frontages, provided that such frontage is located in a nonresidential zoning district.

B. Site design guidelines.

(1) Overall site design shall be appropriately related to other surrounding development and environmental conditions. Every effort shall be made to limit the impact of development on the site by avoiding the disturbance of wetlands, wetland buffers, slopes of 15% and greater, the critical root zone of significant trees and other existing vegetation as well as other distinguishing original features of the site, such as, but not limited to, extant stone walls and historic buildings, by avoiding the creation of small isolated areas of open space that provide little or no ecological value and are difficult to maintain, by linking contiguous open space areas within and adjacent to the site, and by minimizing the amount of grading necessary for the creation of building pads, parking areas and other site improvements. Building design shall respond to existing topographical conditions to the maximum extent possible rather than manipulate such conditions. On hilly sites with landscapes that rise from the street frontage, new buildings shall be sited near the middle and bottom of slopes, and a backdrop of vegetation and natural landforms shall be maintained behind such buildings.

(2) Sites shall be designed with carefully planned arrangements of building blocks so as to create a village-like character and to divide paved parking areas into smaller parking courts, framed by buildings and landscaping.

(3) Where new development is proposed on or adjacent to sites containing features of architectural, historical, cultural or similar significance, it shall be planned with maximum consideration of such features so as to maintain, protect and/or enhance such resources. The plan for development of such sites shall be accompanied by documentation describing such resources and the manner in which the proposed site plan will safeguard and not detract from their value. Where infill development is proposed between developed sites or on partially developed sites, such development shall unify diverse elements, if any, in terms of materials, mass, height, proportion and scale and shall be used as an opportunity to enhance the character of the area.

(4) Site and building design shall be planned to enhance the pedestrian experience. On-site walkways shall be modulated with planters and/or special architectural treatments. Walkways and other surface areas of paving material shall exhibit a variety of pigments and textures that are in harmony with nearby buildings and other paved surfaces, and are safe for pedestrian traffic, including the handicapped.

(5) Vehicular access shall be designed in a manner that permits all vehicles to exit the site without backing out into any public street.

(6) All parking areas shall be divided into smaller parking courts, separated by raised, landscaped planting islands, building blocks or other architectural or landscape architectural features. Landscaped islands shall be installed between facing rows of parking spaces and shall be of sufficient width to allow for two feet of vehicular overhang area adjacent to any parking space where groundcover and/or grass shall be planted as well as a center planting bed of at least three feet in width where trees and/or shrubbery shall be planted. Landscaped islands having a minimum width of six feet shall also be installed between every seven to 10 adjacent parking spaces. Shade trees and shrubs that are salt-tolerant shall be planted within these islands.

(7) Except for single-family detached dwellings, parking layouts involving stacked parking spaces shall not be permitted.

(8) Areas for the secure parking of bicycles shall be provided on a site in an area that is segregated from vehicular traffic.

(9) Where an enclosed garage is proposed, the entrance facade of such garage shall not face the major roadways of U.S. Route 202, N.Y. Route 100 or N.Y. Route 116.

(10) A coordinated landscape plan shall be prepared incorporating the landscape treatment of open spaces, walkways, access roads and parking areas into a cohesive and integrated design that also enhances the relationship of buildings to their surroundings. In addition to aesthetic considerations, the landscape plan shall be designed to address functional considerations, such as stormwater drainage, erosion prevention, wildlife enhancement, screening and buffering, wind barriers, provision for shade, energy conservation and sound absorption, among other factors. Walkways shall be planted with regularly spaced, salt-tolerant shade trees, selected with regard to the scale of the area in which they are located as well as the height and spacing of exterior lighting, and the need to maintain visibility of storefront displays and signs. Attractively landscaped open spaces, courtyards and plazas, designed as gathering places and intended for maximum usability by pedestrians, shall be provided in appropriate locations. All open spaces, pedestrian walkways, parking areas and access drives shall be planned as an integral part of an overall site design, properly related to existing and proposed buildings.

(11) The coordinated landscape plan shall include a mix of noninvasive plant material, including shade trees, flowering understory trees, shrubs and ground covers, with proper regard to factors such as microclimate, function of area, existing plantings and required maintenance in determining the species, scale and planting pattern. When the removal of existing healthy vegetation on a site is unavoidable, efforts shall be made to transplant and reuse as much of that vegetation as possible elsewhere on the site in accordance with generally accepted horticultural practices for preparation, removal and transplantation of mature vegetation. If such practices are unlikely to be followed, then the installation of new plant material shall be favored. If adverse impacts to a significant tree are unavoidable, mitigation of such impacts shall be required. To the maximum extent practicable, mitigation shall be provided on-site based upon preparation of a coordinated landscape plan reflecting the addition of one new four-inch minimum DBH shade tree for each four inches of caliper of significant shade trees so impacted and one new three-inch flowering understory tree for each three inches of caliper of such significant flowering understory trees so impacted. If mitigation of such impacts to a significant tree cannot be provided on-site because of the small size or unusual configuration of a lot and/or other circumstances deemed appropriate in the judgment of the approval authority, such mitigation may be provided in the form of a sum of money in lieu thereof to be deposited in a Town tree fund, in an amount to be established by the Town Board.

(12) All landscaping that is proposed for buffering purposes shall provide year-round screening. Landscape screening shall be installed at a height, density and depth that provides for the full desired effect within three to five growing years' time. When retaining, reusing or reestablishing forest vegetation for buffer screening purposes, plants shall be massed in their natural associations and forest floor conditions shall be recreated. Natural edge conditions shall be restored to blend the development into the existing landscape.

(13) When new development is proposed adjacent to significant vistas, open landscapes or sites containing features of architectural, historical, cultural or similar significance, landscaped buffers shall be provided in order to limit visual impacts on these resources from the new development. Every effort shall be made to preserve existing natural vegetation in these buffer areas.

(14) All landscaping as shown on the approved site plan shall be maintained in a healthy growing condition throughout the duration of the use or uses being served. Any plants not so maintained shall be replaced by the property owner with healthy new plants of comparable size, type and quality at the beginning of the next growing season.

(15) The installation of fences along side lot lines between neighboring properties shall not be permitted. If the installation of a physical barrier is desired and/or required, the installation of plant material and/or stone walls not exceeding 36 inches in height and not obscuring necessary sight lines at driveways may be considered as an alternative.

(16) Site design shall reflect adequate consideration of the requirements for water supply, sewage disposal and stormwater management.

(17) All utilities shall be placed underground, except where the presence of natural features, such as, but not limited to, wetlands or culturally sensitive areas, such as, but not limited to, archaeological sites may make such placement undesirable. In such cases, alternative site plan concepts and/or locations for such utilities that allow them to be placed underground shall be considered. The Planning Board shall be authorized but is not required to approve the overhead installation of utilities where no other feasible alternative exists. Transformer units shall be screened or placed underground whenever possible to minimize visual clutter and enhance community appearance.

(18) Outdoor service areas, including but not limited to refuse and waste removal areas, shall be visually screened from streets and neighboring properties through the use of fencing, stone walls, landscaping and/or other type of enclosure or materials that are harmonious with surrounding buildings and are acceptable to the Planning Board. To the maximum extent possible, such service areas shall be sited in central locations to avoid the need for multiple such areas. Such central service areas may include multiple refuse storage bins and other similar features needed to service individual businesses and/or other occupants of a lot. The approval authority may permit multiple service areas when it finds that the provision of several such areas is more appropriate because of the number and types of uses located on the lot, the physical characteristics of the lot itself, including but not limited to its size, configuration or topography, and/or other circumstances deemed appropriate in the judgment of the approval authority.

(19) The integration of pedestrian, vehicular and utility access between neighboring properties shall be required by the Planning Board as a condition of site plan approval, including the establishment of necessary easements and the filing of easement agreements as necessary to accomplish such purposes.

C. Architectural guidelines.

(1) The preservation and creative reuse of existing buildings of architectural, historical, cultural or similar significance shall be encouraged. To avoid unnecessary new construction, conserve energy and maintain those buildings that are considered to be significant resources contributing to the desired character of the area, efforts shall be made to find new uses for existing buildings. If such a building is proposed to be occupied by a use that would appear to be compatible with the nature, character and purpose of the district, but would not be encompassed within the uses identified in § 170-15.1 or 170-15.2 of this chapter, the B-HP District Technical Committee, following its preapplication conference, as described in § 170-18.2A of this chapter, shall promptly notify the Town Board and the Planning Board of such proposal so that consideration can be given to whether provision should be made in Article IV of this chapter to accommodate such use.

(2) When an existing building of architectural, historical, cultural or similar significance is proposed for preservation and reuse, additions or alterations to such structure shall be permitted if they are consistent with the building's architectural style, do not diminish the significance of the building by detracting from its distinguishing original qualities, and are compatible and harmonious with the site and neighboring buildings. The destruction, removal or alteration of historic material or architectural features shall be avoided unless it has been determined that such removal or alteration will not substantially alter or damage the integrity of the building or its site. If the removal or alteration of distinguishing original features or examples of skilled craftsmanship of historic or aesthetic significance is planned, such features shall be replaced with similar elements unless it has been determined that another alternative is historically appropriate. Proposed building additions, if any, shall be located to the rear of the existing building and shall not represent an increase of more than 50% in the gross floor area or footprint of the existing building, as such building existed on its original date of construction, and further subject to compliance with all applicable minimum floor area ratio, maximum building coverage and maximum building footprint requirements.

(3) If the reuse of an existing building of architectural, historical, cultural or similar significance has been conclusively shown to be completely infeasible, based upon submission of documentation supporting such claim, the existing building shall be replaced with structures of similar character, mass, proportion and scale. Such a determination shall not affect the application of §§ 170-17.1C, 170-17.1D and 170-17.1E of this chapter to the computation of permitted building coverage for principal buildings, permitted building coverage for accessory buildings and permitted floor area for all buildings, respectively.

(4) The construction of multistory structures, which are designed to encourage a diverse yet harmoniously blended combination of residential and nonresidential uses, shall be encouraged. The construction of two-and-one-half-story rather than one-and-one-half-story buildings shall be favored. Notwithstanding any existing conditions to the contrary, the construction of buildings with flat or mansard roofs shall be prohibited.

(5) Buildings shall be harmonious and compatible with neighboring structures in terms of the following exterior design elements:

(a) The nature and use of surface materials.

(b) The height of cornices, lintel and sill levels, articulated floor levels and other horizontal building features.

(c) The spacing and proportion of columns, piers and other elements of the basic structural grid.

(d) The spacing and proportion of window and door openings, bays or other aspects of building fenestration.

(e) Colors, textures and the general nature of exterior materials and treatment, including building ornament and trim.

(f) Treatment, screening and/or enclosure of all utility and mechanical installations.

(6) Where new buildings are proposed on or adjacent to a site with an existing building of architectural, historical, cultural or similar significance, building height and exterior materials shall be harmonious with the character of the surrounding area and new construction shall not obscure views of the existing significant structure from public streets. Where new buildings are proposed on such sites, the mass and scale of the building, roof shape, roof pitch, and proportions and relationships between doors and windows shall be harmonious among themselves and consistent with traditional vernacular architectural styles in the district, but exact symmetry with existing structures is not required nor necessarily encouraged. Architectural elements shall be arranged in a balanced manner on the facade of the structure, and shall maintain a common ratio of openings to surface area that is compatible with surrounding structures. Shutters, if used, shall be designed functionally to cover 1/2 of the width of the window they surround.

(7) Where a new building of a particular architectural style is proposed, it shall include details that are characteristic of that style.

(8) Building facades shall present a varied appearance at street level and be designed to give individual identity to each store or building unit as well as to help achieve the planned pedestrian scale.

(9) Blank wall exposure on building facades shall be limited in order to encourage window shopping and promote pedestrian interest.

(10) The design of building facades shall reflect the scale of existing or planned building development through modulation of vertical and horizontal elements by features such as:

(a) Variation in roof heights.

(b) Changes in the predominant wall plane and/or in facade elements, such as window openings and balconies.

(c) Use of horizontal projections or recesses in the building facade, such as bay windows, cornices, balustrades, etc.

(d) Use of pitched roofs and other roof elements, such as cross gables, dormer windows and turrets to provide visual interest, reduce the scale of continuous roofs and break the line where the building meets the sky.

(11) Treatment of the sides and rear of proposed buildings shall be in a manner substantially consistent in appearance, amenity and quality of materials to the treatment given to their street frontage.

(12) The use of covered outdoor spaces, such as porches, porticos, loggias, and spaces defined by arcades shall be encouraged in order to provide weather protection, transition between indoors and outdoors, and to add visual interest, shadow and depth to building elevations.

(13) Durable, traditional building materials, such as wood shingles, clapboards, stone and brick, shall be used for new construction and rehabilitation of existing structures. The use of synthetic materials and concrete block as an exterior finish shall be avoided. Analogous colors shall be selected for use on all buildings and structures, with emphasis on earth tones, grays and white. Accent colors shall be carefully selected to be compatible with the principal building color and harmonious with surrounding development. Colors that are fluorescent, of high intensity or are otherwise in striking contrast to those already in use in the B-HP District shall be prohibited.

D. Signage guidelines.

(1) All signage shall be carefully integrated with other site design elements. Signage shall be designed so that it is visible and informative at the pedestrian scale. Building signs that are intended to have a street orientation shall be limited to wall signs or suspended signs that are displayed in the plane that is generally parallel to the street. Signs shall not be mounted above the eave line of any structure, or be placed in or attached to any window, or cover architectural features such as columns, cornices or other decorative elements.

(2) Sign materials, color, lettering, style, size and shape shall be in scale and compatible with the surrounding buildings and street, and in particular with the character of the building to which the sign will be affixed. When more than one sign is displayed on a single building or on a single site, their design shall be coordinated to present a unified image. The use of carved or painted signs of natural materials, such as wood and metal, shall be favored. The use of plastic signs, signs composed of neon tubing and any internally illuminated, fluttering, flashing or revolving signs, banners or yard signs shall be prohibited.

(3) The intended location for display of signage shall be an integral part of the architecture of a building and the design of a site and shall be identified on proposed building plans and site plans when submitted for review by the Architectural Review Advisory Board and/or the Planning Board, respectively.

(4) Necessary traffic signage within the streetscape shall be provided that is clear, directional, simple and nonrepetitive. Signage within the streetscape shall be responsive to the speed, location and function of the roadway. While directional and locational signs are important, the Town shall encourage the permitting agencies having jurisdiction over such signs to minimize the number, size and placement of such signs to avoid unnecessary visual clutter.

(5) All signage shall relate solely to the occupant of the premises or the business or profession conducted thereon. The installation of billboards and off-site advertising (except for approved directional signs) shall be prohibited.

(6) Notwithstanding any other provision of this chapter to the contrary, signs permitted in the B-HP District shall include only the following:[1]

[1] The schedule of signs permitted in the B-HP District is included at the end of this chapter.

E. Lighting guidelines.

(1) All exterior site lighting shall be of adequate illumination for safety and security purposes. It shall be of such type and location and shall have such shading as will prevent the source of light from being visible from any adjoining streets and properties and shall prevent glare from spilling onto other properties or streets. Lighting may be limited in its hours of operation, as determined appropriate by the Planning Board, and shall be coordinated with building design and landscape plans. The height of lighting fixtures shall be limited so as to be consistent with the planned pedestrian scale of development.

(2) All exterior site lighting shall have a color rendering index (CRI) of 70 or higher (e.g., coated metal halide, fluorescent, induction or incandescent). All lighting shall be of the downlight variety. The use of floodlighting shall be prohibited.

(3) Exterior site lighting shall be designed to provide a uniform distribution of light. The location of lighting fixtures in parking areas shall be designed to ensure adequate levels of illumination and uniformity of coverage. Spacing of light poles in parking areas shall be staggered, rather than aligned, to maintain a uniform distribution of light. Within parking areas, an average maintained illumination level of 0.5 to 1.0 footcandle maximum shall be provided, with an average-to-minimum uniformity ratio of no more than 3:1. Light poles shall be located within landscaped islands for safety and aesthetic reasons, but shall not interfere with shade trees placed in those islands. Except as required by other governmental agencies for banks with automatic teller machines, the level of illumination at building entrances shall not exceed 5.0 footcandles.

(4) The total cutoff of light shall occur within the property lines of the site. Parking areas shall have light fixtures with a total cutoff of all light at less than 90° and a beam cutoff of less than 75°. Attached building or wall-pack lighting shall be screened by the building's architectural features or shall contain a forty-five-degree cutoff shield.

(5) The style of lighting fixtures and poles shall be compatible with the scale and general architectural style of the buildings on the site and the surrounding area. Within parking areas, the maximum height of lighting poles shall be 16 feet. Shorter light poles shall be used to achieve a greater uniformity of coverage where needed. Along pedestrian walkways, light fixtures shall be mounted at a height of no more than 12 feet and low-level bollards not exceeding 42 inches in height may be used as an alternative. Building-mounted lighting shall not exceed 10 feet in height.

(6) Where signs are illuminated, the type of lighting used shall be the same for all signs on a building and all buildings on the same site to provide for consistency in visual character. All sign lighting shall be directed at the sign face from above the sign to avoid the creation of glare directed towards the sky and shall be appropriately shielded so that the lamp is not visible to passing motorists or pedestrians. For the illumination of signs, an average maintained illumination level of no more than three footcandles on the sign face shall be provided with an average-to-minimum uniformity ratio of no more than 2:1. Internal illumination of signs shall be prohibited.

(7) Except as specified herein, the type of lighting selected for installation on streets shall be consistent with the guidelines specified for exterior site lighting. Pole heights shall not exceed 16 feet. This type of lighting shall be designed to provide for no more than 0.6 footcandle on average, with shielding installed to direct lighting toward pedestrian walkways and the road and away from adjacent properties.

§ 170-18 (Reserved)

§ 170-18.1 Standards and criteria.

A. In reviewing an application within the B-HP District, the Planning Board shall review the following features of a proposed development concept to ensure that said features are aesthetically compatible with the buildings and environment with which they are visually related:

(1) Height.

(2) Gross building volume.

(3) Street elevation(s) and the proportion between the width and height in the exterior wall(s) of any new structure.

(4) The proportions and relationships between doors and windows in the street facade(s).

(5) Materials used in the facade(s).

(6) Colors and patterns used on the facade(s), especially trim.

(7) Design of the roof.

(8) Landscape treatment.

(9) Exterior lighting treatment.

(10) The existing rhythm created by existing building masses and spaces between them.

(11) The landscape plan in relation to the scale of the individual building and its uses.

(12) Architectural details that relate the new with the old and that preserve and enhance the attractive characteristics of the area, but not necessarily create a replication of the old.

B. As part of its site plan review, the Planning Board shall specifically evaluate the design guidelines set forth in §§ 170-17.2 of this chapter and shall take into consideration the visual and aesthetic relationships between neighboring properties, the design character of the district, the architectural style of buildings (particularly where there are structures of historical or architectural significance within view of the site), the height, width and bulk of buildings and structures and their arrangement on the site, including setbacks, materials, window locations, entry points, rooflines, exterior colors and details, exterior lighting (including the number, height, design of the lighting fixtures and the amount of light), fences and walls, the landscaping and paving materials to be used on the site, etc., so as to ensure that all new construction and all alterations of existing structures will be accomplished in such a manner that furthers the purpose of this article.

C. Site plans shall be designed with every reasonable effort made to preserve the historical and aesthetic qualities found in the B-HP District, including but not limited to existing historic structures, stone walls and trees. As part of its site plan review, the Planning Board shall take particular care to ensure that no site elements of noteworthy historical or aesthetic value, such as, but not limited to, historic structures, stone walls, significant trees or other similar features, are damaged or removed.

§ 170-18.2 Application process.

To further the purposes of the B-HP District, the following supplementary procedures shall be applicable in addition to the site plan approval procedures set forth in § 170-114 of this chapter.

A. Preapplication conference. Prior to the submission of an application for site plan approval involving any property in the B-HP District, the applicant shall have one meeting with the B-HP District Technical Committee for the purpose of preliminarily discussing the proposed development concept in general terms, relevant Town planning policies and objectives, development constraints and opportunities, and formal application submission requirements, among other pertinent factors. For the purposes of this meeting, the applicant shall have prepared a conceptual site plan, to scale, of the proposed development on a topographical base map and shall be prepared to discuss the proposed development concept in sufficient detail to enable the Technical Committee to comment on the proposal. The Technical Committee shall offer constructive advice and guidance on the proposal and the anticipated application review process but shall not make any policy decisions that are within the purview of the Planning Board as part of its site plan approval jurisdiction. The Technical Committee shall be composed of the Town Planner, the Town Engineer, the Building Inspector, a designated representative of the Architectural Review Advisory Board, a designated representative of the Open Space Committee, a designated representative of the Landmarks Committee of the Somers Historical Society (the Landmarks Committee) and the Town Historian. The Technical Committee shall meet with an applicant within 31 days following the submission of a written request to the Secretary of the Planning Board. If the Technical Committee fails to meet with an applicant who has requested such a meeting within 31 days of such request, and said meeting has not been postponed by mutual agreement, the applicant may proceed to submit a formal application for site plan approval without the need for a preapplication conference.

[Amended 5-17-2012 by L.L. No. 3-2012]

B. Submission requirements. In addition to the elements identified in § 144-7 of the Code of the Town of Somers, an application involving property in the B-HP District shall be accompanied by the following information unless specifically waived by the Planning Board:

(1) An analysis of the existing visual and historic character on the site of the proposed development and neighboring properties, supported by pertinent narrative and photographic documentation.

(2) Elevations of existing and proposed buildings on the site and neighboring properties.

(3) Cross sections through the site and neighboring properties, depicting existing and proposed topographical contours, vegetation and buildings.

(4) A plan identifying the location and mounting height of each proposed lighting fixture and detailed manufacturer's specifications on all proposed lighting as well as ISO footcandle diagrams and computer-generated point-to-point printouts depicting horizontal initial and maintained levels of illumination at grade.

(5) Information on existing and proposed sight lines for any newly proposed or modified existing driveway intersection.

(6) Any other pertinent information required by the Planning Board to enable it to review the proposed development and evaluate its compliance with the purpose of the district.

C. Referral to Town Board. Upon receipt of an application for site plan approval involving any property in the B-HP District, the Secretary of the Planning Board shall refer five copies of such application to the Town Board for its review and recommendation, if any. Such advisory recommendations shall be submitted in writing to the Planning Board within 45 days of the date of such referral and prior to the Planning Board's first discussion of the application. Failure of the Town Board to act within the allotted time shall not prejudice the application. Upon the future submission of revised documents in support of the application, the Secretary of the Planning Board shall refer five copies of such revised documents to the Town Board for its information and continuing review. The Town Board shall be authorized to supplement its original advisory recommendations, but shall not be obligated to do so. If additional reports are prepared, they shall be submitted to the Planning Board in advance of the meeting at which the application is to be considered. If the Town Board does not submit any reports or does not submit a report in advance of the opening of the public hearing on the application, the Town Board shall be deemed to have made no recommendation.

D. Referral to Landmarks Committee. Upon receipt of an application for site plan approval involving any property in the B-HP District, the Secretary of the Planning Board shall refer a copy of such application to the Landmarks Committee for its review and recommendation on whether the subject site contains any existing buildings of architectural, historical, cultural or similar significance. The Landmarks Committee shall review and provide recommendations concerning any proposal for the demolition or modification of existing buildings that may be of architectural, historical, cultural or similar significance, if applicable, any off-street parking or loading facilities proposed in the front yard and the extent to which the proposal complies with the design guidelines set forth in § 170-17.2 of this chapter. Such advisory recommendations shall be submitted in writing to the Planning Board within 45 days of the date of such referral and prior to the Planning Board's first discussion of the application. Failure of the Landmarks Committee to act within the allotted time shall not prejudice the application. Upon the future submission of revised documents in support of the application, the Secretary of the Planning Board shall refer a copy of such revised documents to the Landmarks Committee for its information and continuing review. The Landmarks Committee shall be authorized to supplement its original advisory recommendations, but shall not be obligated to do so unless the original report recommends disapproval or modification of the application, in which case the Landmarks Committee shall be responsible for submitting updated advisory reports as revised documents are submitted to it for review. If additional reports are prepared, they shall be submitted to the Planning Board in advance of the meeting at which the application is to be considered. If the Landmarks Committee does not submit any reports or does not submit a report in advance of the opening of the public hearing on the application, the Landmarks Committee shall be deemed to have made no recommendation.

E. Referral to Architectural Review Advisory Board. Upon receipt of an application for site plan approval involving any property in the B-HP District, the Secretary of the Planning Board shall refer a copy of such application to the Architectural Review Advisory Board for its review and recommendation concerning the objectives set forth in § 6-3 of the Code of the Town of Somers, any proposal for the demolition or modification of existing buildings, if applicable, and the extent to which the proposal complies with the design guidelines set forth in § 170-17.2 of this chapter. Such advisory recommendations shall be submitted in writing to the Planning Board within 45 days of the date of such referral and prior to the Planning Board's first discussion of the application. Failure of the Architectural Review Advisory Board to act within the allotted time shall not prejudice the application. Upon the future submission of revised documents in support of the application, the Secretary of the Planning Board shall refer a copy of such revised documents to the Architectural Review Advisory Board for its information and continuing review. The Architectural Review Advisory Board shall be authorized to supplement its original advisory recommendations, but shall not be obligated to do so unless the original report recommends disapproval or modification of the application, in which case the Architectural Review Advisory Board shall be responsible for submitting updated advisory reports as revised documents are submitted to it for review. If additional reports are prepared, they shall be submitted to the Planning Board in advance of the meeting at which the application is to be considered. If the Architectural Review Advisory Board does not submit any reports or does not submit a report in advance of the opening of the public hearing on the application, the Architectural Review Advisory Board shall be deemed to have made no recommendation.

F. Referral to Open Space Committee. Upon receipt of an application for site plan approval involving any property in the B-HP District, the Secretary of the Planning Board shall refer a copy of such application to the Open Space Committee for its review and recommendations concerning environmental impacts, including, but not limited to, wetlands, steep slopes and trees, as well as the extent to which the proposal complies with the design guidelines set forth in § 170-17.2 of this chapter. Such advisory recommendations shall be submitted in writing to the Planning Board within 45 days of the date of such referral and prior to the Planning Board's first discussion of the application. Failure of the Open Space Committee to act within the allotted time shall not prejudice the application. Upon the future submission of revised documents in support of the application, the Secretary of the Planning Board shall refer a copy of such revised documents to the Open Space Committee for its information and continuing review. The Open Space Committee shall be authorized to supplement its original advisory recommendations but shall not be obligated to do so unless the original report recommends disapproval or modification of the application, in which case the Open Space Committee shall be responsible for submitting updated advisory reports as revised documents are submitted to it for review. If additional reports are prepared, they shall be submitted to the Planning Board in advance of the meeting at which the application is to be considered.

[Amended 5-17-2012 by L.L. No. 3-2012]

G. Variances involving property in the B-HP District. Where an application for site plan or special exception use permit approval contains one or more features that do not comply with the zoning regulations, application may be made to the Board of Appeals for an area variance or variances without the necessity of a decision or determination of an administrative official charged with the enforcement of this chapter, but application may not be made to the Board of Appeals for such variance or variance(s) until the Planning Board either has conditionally approved the site plan or has referred the applicant in writing to the Board of Appeals for the processing of the variance application. This provision shall, pursuant to § 10(1)(ii)(d)(3) of the Municipal Home Rule Law, supersede the provisions of §§ 274-a (3) and 274-b (3) of the Town Law to the extent of any inconsistency.

§ 170-18.3 Property maintenance.

No owner or person with an interest in property located in the B-HP District shall permit such property to fall into a serious state of disrepair so as to result in the deterioration of any exterior architectural feature that would, in the judgment of the Landmarks Committee, produce a detrimental effect upon the character of the B-HP District as a whole or the life and character of the property itself. Examples of such deterioration shall include:

A. Deterioration of exterior walls or other vertical supports.

B. Deterioration of roofs or other horizontal members.

C. Deterioration of exterior chimneys.

D. Deterioration or crumbling of exterior stucco or mortar.

E. Ineffective waterproofing of exterior walls, roofs or foundations as well as broken windows or doors.

F. Deterioration of any feature so as to create a hazardous condition that could lead to the claim that demolition is necessary for the public safety.

§ 170-18.4 Demolition permits.

The Planning Board shall have the authority to review an application for a demolition permit for any structure within the B-HP District and, if determined to be necessary by the Board, to conduct a public hearing on the application. When the owner of a building in the B-HP District applies for a demolition permit from the appropriate Town of Somers official, said Town official shall refer the application to the Planning Board and the Landmarks Committee. After the Planning Board has completed its review and hearing, but within 90 days of referral, the Board shall submit a report to the permit-issuing Town official, which report may include a requirement that no demolition permit may be issued until after the expiration of a one-year period following the date of submission of the application for such permit as well as recommendations on the issuance of the permit and on the establishment of any special conditions, such as regrading, seeding or landscaping of the affected property. Nothing in this article shall be construed to prevent the demolition of any existing building or portion thereof that an authorized official of the Town of Somers shall determine is required to be completed immediately for public safety because of dangerous or unsafe conditions. Prior to the issuance of any demolition permit, the Town of Somers official responsible for issuing such permit shall document whether such building has been determined by the Landmarks Committee to be of architectural, historical, cultural or similar significance, and shall document the existing building coverage and gross floor area for such building.

§ 170-18.5 Exemptions.

A. The provisions of this article, adopted on December 19, 2003, shall not apply to activities and structures lawfully undertaken or constructed on property within the Business Historic Preservation District prior to the effective date on this article but such activities and structures shall continue to be governed by the B-HP District zoning provisions that were in effect immediately prior to December 19, 2003. The provisions of Subsection D hereof shall apply to modifications, alterations and additions to such activities and structures.

B. Except as set forth in Subsection C hereof, the provisions of this article, adopted on December 19, 2003, shall not apply to any development, alteration or improvement of property shown on a site plan approved by the Planning Board, with or without conditions, prior to August 1, 2003 and for which the approved work has not been completed prior to December 19, 2003, provided that such site plan approval continues to remain in effect. Except as set forth in Subsections C and D hereof, such pre-existing approved site plan shall continue to be governed by the B-HP District zoning provisions that were in effect immediately prior to December 19, 2003.

C. Notwithstanding the provisions of Subsection B hereof, any development, alteration or improvement of property shown on a site plan approved by the Planning Board prior to August 1, 2003, for which the approved work has not yet been completed prior to December 19, 2003, shall comply with the provisions of §§ 170-14, 170-15.2, 170-17.1Q, 170-17.2A, 170-17.2B(11), 170-17.2B(14), 170-17.2B(15), 170-17.2B(19), 170-17.2C(5), 170-17.2C(6), 170-17.2C(7), 170-17.2C(9), 170-17.2C(10), 170-17.2C(11), 170-17.2C(13), 170-17.2D, 170-17.2E and 170-18.1 and the requirement concerning documentation of existing building coverage and gross floor area of any building to be demolished as set forth in § 170-18.4 of this chapter.

D. The provisions of this article, adopted on December 19, 2003, shall apply to any future expansion, enlargement or addition to the development shown on a site plan approved by the Planning Board prior to August 1, 2003. Modifications, alterations and additions to existing site features on a developed or partially developed property shall comply with those features of this article that apply to the particular feature(s) of the site that are proposed to be modified.