The Town of Coxsackie is hereby divided into the following zoning
districts:
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WR - Waterfront Residential District
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RA-1 - Residential Agricultural-1 District
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RA-2 - Residential Agriculutral-2 District
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RR - Rural Residential District
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HDR-1 - High Density Residential-1 District
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HDR-2 - High Density Residential-2 District
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MU - Mixed Use District
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C - Commercial District
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CI - Corridor Industrial District
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I - Industrial District
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Hamlet Overlay District
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Residential Density Overlay District
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Residential Over Commercial Overlay District
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Public Water Supply Overlay District
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Planned Development District
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The areas and boundaries of such districts are hereby established
to scale as shown on the map entitled "Zoning Map of the Town of Coxsackie,"
adopted and certified by the Town Clerk and herein referred to as
the "Zoning Map." Said Zoning Map, together with everything shown
thereon, is hereby adopted and declared to be a part of this chapter.[1]
[1]
Editor's Note: The Zoning Map is included at the end of this chapter.
Zoning district boundaries shall be determined as follows:
A.
Boundaries indicated as approximately following the center lines
of streets, highways, alleys, streams, lakes or other bodies of water
shall be construed to follow such center lines.
B.
Boundaries indicated as approximately following Town limits shall
be construed as following such Town limits.
C.
Distances and directions not specifically indicated on the Zoning
Map shall be determined by the scale of the map.
D.
In other circumstances not covered by the rules above, the Zoning
Board of Appeals shall interpret the district boundaries.
The following uses and types of operations are specifically
prohibited in all districts:
A.
The production from raw materials of cement, explosives, fertilizer,
rubber, soaps, starch and the by-products of coal, coke, petroleum
and natural gas.
B.
The mailing or processing of flour; the reduction, refining, smelting
and alloying of metal or metal ores; the distillation of wood or bones;
and the reduction and processing of wood pulp or construction debris.
C.
The operation of stockyards, slaughterhouses and rendering plants.
A.
Purpose and intent.
(1)
Areas of the Town designated under this district are adjacent to
the Hudson River. The purpose of the district is to protect the waterfront,
maintain the existing residential character and allow for low impact
water-dependent and water-related recreational uses appropriate for
the community and the river.
(2)
The specific purposes of this district include the following:
(a)
To preserve natural, scenic, and historic values along the Hudson
River.
(b)
To preserve woodlands, wetlands, and other green space.
(c)
To regulate uses and structures along the Hudson River to avoid
increased erosion and sedimentation.
(d)
To encourage compatible land uses along the Hudson River.
(e)
To recognize areas of significant environmental sensitivity
that should not be intensely developed.
(f)
To allow reasonable uses of lands while directing more intense
development to the most appropriate areas of the community.
B.
Permitted and special permit uses. See Schedule A, Use Regulations
for Residential Districts, of this chapter.[1]
[1]
Editor's Note: Schedule A is included at the end of this chapter.
C.
Development regulations. See Schedule C, Dimensional Standards,[2] of this chapter and the following additional provisions:
(1)
Setback requirements.
(a)
The minimum setback from the high water mark of the river shall
be 150 feet horizontally away from and paralleling the river.
(b)
Structures for a business demonstrated to be water-dependent
or water-related may be authorized within the required setback distance
with an application for a special permit; however, the Planning Board
shall have the authority to impose additional conditions as may be
warranted.
(2)
Natural vegetation strip. A natural vegetation strip shall be maintained
on each parcel or lot between the normal high water mark of the river
and a point 100 feet from and perpendicular to the normal high water
mark. Removal of vegetation in the natural vegetation strip shall
require a special permit in accordance with the following requirements:
(a)
No clear-cutting shall be allowed.
(b)
Limbing of trees is allowed except that no more than 50% of
total tree height may be removed.
(c)
One hundred percent of the vegetation strip may be selectively
thinned as follows. No more than 35% of the number of trees six inches
in diameter at 4.5 feet above the ground, or larger, shall be cut
in any ten-year period. In second-growth woodlands where there are
relatively few trees of this diameter, no more than 25% of trees four
inches in diameter at 4.5 feet above the ground, or larger, shall
be cut in any ten-year period. Additional trees may be removed if
the applicant can demonstrate one or more of the following conditions:
[1]
It is clearly necessary for traffic safety.
[2]
It is clearly necessary for the development of an approved principal
or accessory use or building, street, sidewalk, paved area, driveway,
stormwater facility, utility or sewage system.
[3]
It is within 25 feet of the foundation of an approved structure.
[4]
It is diseased, dead or poses a clear danger to a structure,
utility or public improvement.
[5]
It is related to agricultural activities, such as orchards or
cultivation activities.
(d)
Existing soil and organic matter shall not be altered or disturbed
within the vegetation strip.
(e)
No structures shall be permitted within the vegetation strip,
with the exception of docks, benches, picnic tables, boat ramps, pump
houses, pervious walkways, and elevated walkways which provide the
property owner with reasonable access to the water. Park-related furnishings
(benches, picnic tables, pavilions, refuse containers, etc.) and vehicular
parking areas shall be permitted, if associated with public recreation
areas or public access to the river. Commercial uses permitted in
the district may be located in the vegetation strip with the approval
of a special permit from the Planning Board.
(f)
No unsightly, offensive, or potentially polluting material,
including but not limited to lawn clippings, leaves, garbage, refuse
containers, junk cars, junk appliances, or toxic materials, may be
dumped or stored within the natural vegetation strip, except for refuse
containers and fuel storage and dispensing for permitted commercial
uses that obtain a special permit for operating in the vegetation
strip. The vegetation strip shall not contain commercial or industrial
storage or display, manufacturing or processing activity, loading
and unloading areas or vehicular parking areas.
(g)
Where there is no preexisting natural vegetation, developers
shall provide vegetation which shall substantially screen the proposed
development from the water. The width of this revegetated strip should
be at least 75 feet from the high water mark of the river. The plant
material should consist of indigenous trees and shrubs.
(h)
Reasonable efforts shall be taken during construction to ensure
that trees protected by this section are not accidentally injured
or removed, including root compaction by equipment or change in grade
level. The developer shall provide the Town with a tree replacement
plan for any protected trees which are destroyed or injured.
(3)
Protection of water quality.
(a)
Subsurface disposal systems for septic wastes shall be located
no less than 100 feet from the normal high water mark.
(b)
There shall be no disturbance of existing wetlands located within
the WR District, unless appropriate mitigation measures are defined
and approved.
(c)
Sedimentation basins should be located between new development
and the river.
(5)
Agricultural activities. Soil shall not be tilled within 50 feet
of the high water mark of the river.
(6)
Additional requirements and standards.
(a)
Any permits required by the Army Corps of Engineers and New
York State must be received prior to final approval from the Planning
Board.
(b)
(c)
When located adjacent to historic structures, new buildings
shall reflect the architectural character of the existing historic
structure.
[2]
Editor's Note: Schedule C is included at the end of this chapter.
D.
Site plan. Any proposed principal building or any proposed or expanded paved area larger than 5,000 square feet that would be partially or entirely located within the WR District shall be submitted for review by the Planning Board. Site plan review shall be conducted in accordance with the procedures established in Article X.
E.
Modifications. The Planning Board may authorize modifications to
the requirements of this section upon a finding that such action is
necessary to eliminate practical difficulties associated with the
strict interpretation of these requirements and that the result will
further the purpose and intent of this district.
A.
Purpose. Areas of the Town designated under this district are intended
to maintain the rural nature of the Town, to preserve prime agricultural
land, to discourage development on land unsuitable for development,
and to protect and preserve natural features. This district allows
for agricultural uses, low-density residential development, and agriculture-oriented
commercial uses.
B.
Permitted and special permit uses. See Schedule A, Use Regulations
for Residential Districts.
C.
Bulk, space and yard requirements. See Schedule C, Dimensional Standards.
A.
Purpose. Areas of the Town designated under this district are intended
to maintain the rural nature of the Town, to preserve prime agricultural
land, to discourage development on land unsuitable for development,
and to protect and preserve natural features. This district allows
for agricultural uses, low-density residential development, and limited
rural commercial and institutional uses.
B.
Permitted and special permit uses. See Schedule A, Use Regulations
for Residential Districts.[1]
[1]
Editor's Note: Schedule A is included at the end of this chapter.
C.
Bulk, space and yard requirements. See Schedule C, Dimensional Standards.[2]
[2]
Editor's Note: Schedule C is included at the end of this chapter.
A.
Purpose. This area of the Town allows for low-density residential
development that is reflective of the rural character of the area.
This district allows for agricultural uses, low-density residential
development, and limited rural commercial and institutional uses.
B.
Permitted and special permit uses. See Schedule A, Use Regulations
for Residential Districts.[1]
[1]
Editor's Note: Schedule A is included at the end of this chapter.
C.
Bulk, space and yard requirements. See Schedule C, Dimensional Standards.[2]
[2]
Editor's Note: Schedule C is included at the end of this chapter.
A.
Purpose. Areas of the Town designated under this district allow for
a variety of higher-density residential development adjacent to the
9W corridor area, which have adequate infrastructure. Uses include
single-family detached, attached, two-family, and multifamily dwellings
as well as manufactured home parks, and recreation uses.
B.
Permitted and special permit uses. See Schedule A, Use Regulations
for Residential Districts.[1]
[1]
Editor's Note: Schedule A is included at the end of this chapter.
C.
Bulk, space and yard requirements. See Schedule C, Dimensional Standards.[2]
[2]
Editor's Note: Schedule C is included at the end of this chapter.
A.
Purpose. Areas of the Town designated under this district allow for
a variety of higher-density residential development in the Sleepy
Hollow area, which have adequate infrastructure. Uses include single-family
detached, attached, two-family, and recreation uses.
B.
Permitted and special permit uses. See Schedule A, Use Regulations
for Residential Districts.[1]
[1]
Editor's Note: Schedule A is included at the end of this chapter.
C.
Bulk, space and yard requirements. See Schedule C, Dimensional Standards.[2]
[2]
Editor's Note: Schedule C is included at the end of this chapter.
A.
Purpose. Areas of the Town designated under this district are intended
to permit both commercial and residential development adjacent to
the 9W corridor. The purpose of this district is to provide a transition
between the commercial and residential zoning districts.
B.
Permitted and special permit uses. See Schedule B, Use Regulations
for Nonresidential/Mixed Use Districts.[1]
[1]
Editor's Note: Schedule B is included at the end of this chapter.
C.
Bulk, space and yard requirements. See Schedule C, Dimensional Standards.[2]
[2]
Editor's Note: Schedule C is included at the end of this chapter.
A.
Purpose. Areas of the Town designated under this district are intended
to attract commercial development within the 9W corridor. Uses permitted
are intended to serve the area population's sales and service needs.
B.
Permitted and special permit uses. See Schedule B, Use Regulations
for Nonresidential/Mixed Use Districts.[1]
[1]
Editor's Note: Schedule B is included at the end of this chapter.
C.
Bulk, space and yard requirements. See Schedule C, Dimensional Standards.[2]
[2]
Editor's Note: Schedule C is included at the end of this chapter.
A.
Purpose. Areas of the Town designated under this district are intended
to encourage the development of a business and technology park with
access to broadband communications technology, to provide for a mix
of employee-intensive industries and businesses, and to attract industries
and businesses near the major transportation arteries such as railroads,
New York State Route 9W, and the New York State Thruway. In addition,
this district is intended to concentrate industries and business to
minimize environmental impacts while providing for a development pattern
that combines parking, landscaping and other design features, which
physically and visually link structures and uses within one development.
The overall goal is to ensure an attractive industrial zoning district
with generous amounts of landscaping and architecture that is compatible
to the existing development pattern along the corridor.
B.
Permitted and special permit uses. See Schedule B, Use Regulations
for Nonresidential/Mixed Use Districts.[1]
[1]
Editor's Note: Schedule B is included at the end of this chapter.
C.
Bulk, space and yard requirements. See Schedule C, Dimensional Standards.[2]
[2]
Editor's Note: Schedule C is included at the end of this chapter.
A.
Purpose. Areas of the Town designated under this district are intended
to encourage industrial development near the major transportation
arteries such as railroads and the New York State Thruway, to concentrate
industries to minimize the environmental impacts and conflicts with
other types of development in the Town, and to locate industry close
to labor supplies and commercial services.
B.
Permitted and special permit uses. See Schedule B, Use Regulations
for Nonresidential/Mixed Use Districts.[1]
[1]
Editor's Note: Schedule B is included at the end of this chapter.
C.
Bulk, space and yard requirements. See Schedule C, Dimensional Standards.[2]
[2]
Editor's Note: Schedule C is included at the end of this chapter.
A.
Purpose. The purpose of this district is to promote higher-density
residential and commercial development while reflecting the rural
character of the crossroad Hamlets of Earlton and Climax.
B.
Applicability. The provisions of this district apply only to areas
designated on the Town of Coxsackie Zoning Map. The underlying zoning
district standards apply except for the provisions within this section.
C.
Permitted uses. The underlying uses are permitted with the addition
of residential above commercial uses, provided the residential component
shall not exceed 50% of the gross floor area of the building.
D.
Lot size. The minimum lot size is two acres. Where a commercial development
is proposed of two or more commercial uses, the minimum lot size may
be reduced where adequate water and sewer is proposed, at the discretion
of the Planning Board.
A.
Purpose. The purpose of this district is to permit development of
single-family detached dwellings at an increased density in areas
of the Town adjacent to the Village that are served by public water
and sewer. The overall goal is to permit a more efficient utilization
of land and of community facilities and services while providing common
open space. This district encourages the clustering of units, common
open space and community facilities by permitting the calculation
of densities over the entire development, rather than an individual
lot basis.
B.
Applicability. The Residential Density Overlay District is an overlay
zone that is applied over the base zoning district. The regulations
apply to areas shown on the Zoning Map with the overlay designation.
C.
Permitted uses. All permitted and special permit uses permitted as
of right in the base use district shall apply to this district.
D.
Density. All of the development standards of the base use district
shall apply in the Residential Density Overlay with following exception:
(1)
Single-family detached uses with a minimum lot size of one dwelling
unit per acre if there is evidence of municipal sewer and water; or
(2)
Single-family detached uses with cluster development, provided that
the maximum density of the tract overall shall not exceed one dwelling
unit per acre if there is evidence of municipal sewer and water.
E.
Open space standards for cluster development.
(1)
A cluster development must preserve at least 50% of the tract's acreage
as open space land. Parking areas, roads, house sites and their improvements
shall not be included in the calculation to determine the amount of
available open space. However, the entire tract, apart from these
exceptions, shall be considered in determining the required amount
of open space. The following facilities or improvements may be located
on open space land: water systems, stormwater systems, bike paths,
walking trails, and other common community facilities that do not
involve buildings, such as tennis courts, swimming pools, and playgrounds.
Farm buildings on an active farm may also be located in the open space
area used to meet the open space requirements.
(2)
The proposed development design shall strictly minimize disturbance
of environmentally sensitive areas. The Planning Board shall encourage
areas of open space to be connected, where appropriate. Where important
open space areas exist contiguous to the subject parcel, every effort
shall be made to locate the on-site protected open space adjacent
to these open space areas.
(3)
The Planning Board shall encourage areas of open space along the
state, county, and Town roadways located in the Town, where appropriate,
to conserve scenic views and elements of the Town's rural character.
F.
Permanent protection of open space.
(1)
The preferred way of protecting open space is for the applicant to
provide deed covenants and restrictions acceptable to the Town Attorney.
Conservation easements will also be considered in a case where they
are transferred to a conservation organization or to a homeowners'
association acceptable to the Town.
(2)
However, regardless of how open space is permanently preserved, it
is required that the Town be granted third-party enforcement rights
to enforce the terms of all restrictions, easements or other legally
binding instruments providing for open space. Such provisions shall
include that the Town shall be entitled to reimbursement for all costs,
expenses and attorneys' fees incurred in connection with such enforcement,
to be collected from the party against whom enforcement is sought.
G.
Maintenance. Unless otherwise agreed to by the Planning Board, the
cost and responsibility of maintaining common open space and facilities
shall be borne by the homeowners' association, conservation organization
or private owner. The Planning Board shall have the authority to require
a bond or other security to ensure proper maintenance of open space
and the facilities located on the subject parcel.
H.
Requirements for subdivision map and for covenants. The Planning
Board shall require the applicant to set forth on the approved subdivision
map, a note or notes setting forth all covenants, conditions and restrictions
relating to the subdivision, including but not limited to all provisions
required for the protection and maintenance of the open space areas.
All such covenants, conditions and restrictions shall also be set
forth in a document which shall be recorded in the Greene County Clerk's
Office at the same time that the approved subdivision map is filed,
and this shall be a requirement for approval of the subdivision.[1]
A.
Purpose. The purpose of this district is to promote the development
or redevelopment of mixed use development and allow residential development
over commercial uses in the vicinity of the 9W corridor.
B.
Applicability. The provisions of this district apply only to areas
designated on the Town of Coxsackie Zoning Map. The underlying zoning
district standards apply except for the provisions within this Section.
C.
Permitted uses. The underlying uses are permitted with the addition
of residential above commercial uses provided the residential component
shall not exceed 25% of the gross floor area of the building.
D.
Residential unit size. Residential units shall not be more than two
bedrooms in size and shall not be less than 800 square feet or greater
than 1,200 square feet in total.
E.
Parking. Separate and dedicated parking must be provided for all
residential uses equivalent to 1.5 spaces per dwelling unit. Parking
shall be appropriately marked, signed for residential use only, and
screened from adjacent uses.
F.
Open space. Permanent open space must be provided. For every 1,000
square feet of residential space, there must be 1,000 square feet
of open space.
A.
Purpose.
(1)
The purpose of the Public Water Supply Watershed Protection Overlay
Districts (Watershed Districts) is to promote the health, safety and
general welfare of the community. The Watershed Districts will preserve
and protect existing sources of public drinking water supply. Protection
of public water supplies preserves important community resources and
reduces future financial impacts related to water treatment. The overlay
sets forth standards designed to protect water quality from impacts
of various activities in the water supply's contributing watershed
area. All proposed development within the designated overlay districts
must demonstrate that the project would result in no harm to reservoir
quality.
(2)
The Town does not intend that these regulations interfere with any
easement, covenants or other agreements between parties; however,
if the provisions of these regulations impose greater restrictions
or higher standards for the use of a building or land, then the provisions
of these regulations shall control. The goal of the Watershed Districts
is to:
(a)
Reduce the amount of nutrients, sediment, organic matter, pesticides,
and other harmful substances that reach streams, watercourses, drainageways,
wetlands, or subsurface water bodies by using scientifically proven
processes, including filtration, deposition, absorption, plant uptake,
and denitrification, and by improving infiltration, encouraging sheet
flow, and stabilizing concentrated flows.
(b)
Improve and maintain the safety, reliability, and adequacy of
the water supply for domestic, agricultural, commercial, industrial,
and recreational uses along with sustaining diverse populations of
aquatic flora and fauna. Areas of annual flooding, floodplains, water
areas, and wetlands shall be retained in their natural state to the
maximum possible extent to preserve water quality and protect water
retention, overflow, and natural functions.
B.
Public health, in general. No activity, situation, structure, or
land use will be allowed within the Watershed Districts which poses
a threat to water quality and the public health, safety, and welfare.
Such conditions may arise from inadequate on-site sewage systems which
utilize ground absorption; inadequate sedimentation and erosion control
measures; the improper storage or disposal of junk, trash or other
refuse; the absence or improper implementation of a spill containment
plan for toxic and hazardous materials; the improper management of
stormwater runoff; or any other situation found to pose a threat to
water quality.
C.
Descriptions of Watershed Districts.
(1)
The Town of Coxsackie contains five areas that function as source
supply watersheds to public drinking water reservoirs. The public
water supplies protected under this chapter include:
(2)
The Public Water Supply Watershed Protection Districts are established
on a map entitled, "Watershed Protection Map of the Town of Coxsackie,
Greene County NY, December 2007" ("the Watershed Districts Map"),
which is adopted simultaneously herewith. Watershed boundaries as
delineated are based on NYS Department of Health mapping for reservoir
source water assessment.[2]
[2]
Editor's Note: The Watershed Protection Map is included at the end of this chapter.
D.
Rules governing the interpretation of watershed area boundaries.
Where uncertainty exists as to the boundaries of the watershed areas,
as shown on the Watershed Protection Map of the Town of Coxsackie
(Watershed Map), the following rules shall apply:
(1)
Where area boundaries are indicated as approximately following either
street, alley, railroad, or highway lines or center lines thereof,
such lines shall be construed to be said boundaries.
(2)
Where area boundaries are indicated as approximately following lot
lines, such lot lines shall be construed to be said boundaries. However,
a surveyed plat prepared by a registered land surveyor may be submitted
to the Town as evidence that one or more properties along these boundaries
do not lie within the watershed area.
(3)
Where the watershed area boundaries lie at a scaled distance more
than 25 feet from any parallel lot line, the location of watershed
area boundaries shall be determined by use of the scale appearing
on the watershed map.
(4)
Where the watershed area boundaries lie at a scaled distance of 25
feet or less from any parallel lot line, the location of watershed
area boundaries shall be construed to be the lot line.
(5)
When a large parcel is bisected by the boundary of a watershed, the
applicant may submit a detailed topographical map of the property
as documentation of those portions of the property that are within
as well as outside a watershed boundary.
(6)
Where other uncertainty exists, the Town Planning Board shall interpret
the Watershed Map as to location of such boundaries. The Town may,
at the applicant's expense, consult with agencies or others in determination
of a projects location within a watershed area and applicability of
these standards.
E.
Applicability. The provisions of this section shall be applicable
to all new major subdivisions. Existing subdivisions and nonresidential
uses initiated or completed prior to the effective date of adoption
of this chapter, and minor subdivisions are not subject to the requirements
of this chapter.
F.
Wastewater treatment system. All development within a Watershed District
will be undertaken so as to provide the highest level of wastewater
treatment.
(1)
No variances shall be provided for any local or state regulation
which sets forth the treatment requirements and performance standards
of any proposed treatment systems.
(2)
In addition to meeting or exceeding Part 75A of the NYS Heath Code
as it relates to design and performance of individual septic systems,
all systems constructed in a Watershed District are subject to a requirement
for routine inspection and maintenance.
(3)
For any new construction, no individual sewage disposal system shall
be installed any closer than 100 feet to any public water body or
associated wetlands area, or within 25 feet of any required buffer
as set forth in the Town of Coxsackie natural resource protection
standards.[3]
[3]
Editor's Note: See Art. VI, Natural Resource Protection Standards.
(4)
For any major subdivision, all septic tanks will be pumped and inspected
by a State of New York licensed septic services provider to ensure
proper functioning of the system. Pumping and inspections shall be
conducted no less than once every five years, with a copy of the pumping
schedule and inspection report sent to the Town of Coxsackie Building
Inspector/Code Officer within 30 days of the pumping/inspection services.
(5)
The requirements of this section shall be incorporated into the deed
of the properties to be developed, with language that clearly informs
the owner that they are located with a Watershed District and of their
need to comply with the inspection and maintenance requirements of
this section. If two or more dwelling units share a common sewage
treatment system, a perpetual maintenance agreement binding the dwelling
owners is required.
G.
Sediment and erosion control. It is the objective of this section
to safeguard the public welfare by guiding, regulating, and controlling
the design, construction, use, and maintenance of any development
or other activity which disturbs or breaks the topsoil or results
in the movement of earth on land. The objective is to control soil
erosion and sedimentation caused by land use or development activities.
All development activities, regardless of applicability of the NYS
Stormwater Rules and Regulations, shall provide for effective erosion
and sediment control both during construction as well as during the
life of the project. Specifically:
(1)
All projects, including single- and two-family residences, shall
minimize the length of time soils are exposed due to site preparation
and grading activities. All exposed soils must be stabilized in accordance
with the NYS Erosion and Sediment Control Guidelines within 15 days
of completion of grading. Land shall not be left exposed during the
winter months under any conditions.
(2)
When final site grading will be delayed due to other construction
activities which may require redisturbance of the soil, the project
must use appropriate temporary stabilization measures to prevent loss
of soil from the site. Silt fence or other barrier based system cannot
be used alone as temporary measures. A project should be staged such
that all rough grading is seeded and mulched within 15 days of completion
of grading.
(3)
Erosion and sediment controls shall be designed, constructed and
maintained in accordance with the NYS Stormwater Design Guidelines,
NYS Erosion and Sediment Control Guidelines and the NYSDEC General
Permit for Construction Activities.
(4)
Permanent vegetation and related structures shall be installed as
soon as practical, or within the time specified in the permit. Permanent
vegetation shall not be considered established until a ground cover
of 85% or the surface area or more is achieved.
(5)
Permanent or temporary soil stabilization must be applied to denuded
areas within 15 days after final grade is reached on any portion of
the site. If a site will be left in rough grade condition for more
than 15 days, temporary seeding and mulching is required. Such temporary
measures are to be maintained during all construction activities,
and much be amended or replaced if the measures are not effective
in controlling erosion. Soil stabilization must also be applied within
15 days to denuded areas which may not be at final grade but will
remain dormant (undisturbed) for longer than 60 days. Soil stabilization
refers to measures, which protect soil from the erosive forces of
raindrop impact and flowing water. Applicable practices include vegetative
establishment, mulching, and the early application of gravel base
on areas to be paved.
(6)
Sediment basins, debris basins, desilting basins, silt traps or filters
shall be installed and maintained to remove sediment from runoff waters
from land undergoing development.
(7)
Sediment basins and traps, perimeter dikes, sediment barriers and
other measures intended to trap sediment on-site must be constructed
as a first step in grading and must be made functional before up-slope
land disturbance takes place. Earthen structures such as dams, dikes,
and diversions must be seeded and mulched within 15 days of installation.
(8)
All on-site stormwater conveyance channels shall be designed and
constructed to withstand the expected velocity of flow from a ten-year
frequency storm without erosion. Stabilization adequate to prevent
erosion must also be provided at the outlets of all pipes and paved
channels. Conveyance channels which exhibit signs of erosion must
be remediated by reapplying the failed erosion control measures or
installing new erosion control measures that are appropriate for the
flow experienced by the channel.
H.
Prohibited activities. Certain activities which may have a high potential
to impact water supply protection are prohibited within the Watershed
District, or are subject to increased buffer requirements related
to wetlands, streams and watercourses.
(1)
The following activities are prohibited within a Watershed District
under all circumstances:
(a)
Landfill, to include domestic, industrial, construction and
demolition or hazardous materials.
(b)
Land spreading of sludge or ash of any kind, including domestic
wastewater or industrial processes.
(c)
The creation or manufacturing of any hazardous materials without
an approved spill prevention and response plan that is approved by
the Town of Coxsackie Planning Board and the NYS Department of Health.
(d)
Dry wells directly connected to any floor drain, garage drain,
wash basin or sink.
(2)
The following activities are not allowed within 25 feet of any buffer
zone (as defined and required in the Town of Coxsackie natural resource
protection standards):[4]
(a)
Septic tanks and drain fields.
(b)
Feed lots or other livestock impoundments. Pastures are exempt.
(c)
Trash containers and dumpsters which are not under a roof or
which are located so that leachate from the receptacle could escape
unfiltered and untreated.
(d)
Fuel storage in any amount.
(e)
Activity involving the manufacture, bulk storage, or any type
of distribution of petroleum, chemical or asphalt products or any
materials hazardous to the public water supply (as defined in "The
Hazardous Materials Spills Emergency Handbook," American Waterworks
Association, 1975, as revised).
[4]
Editor's Note: See Art. VI, Natural Resource Protection Standards.
A.
Purpose.
(1)
It is the intent of this section to provide performance criteria
in the context of flexible use and design regulations so areas may
be developed, incorporating a variety of uses, containing both individual
building sites and common property, which are planned and developed
as a unit. In adopting this section, the Town Board declares that
it is its intent to:
(2)
The Town Board further declares that while the standard zoning functions
(use and bulk) and the subdivision functions (platting and design)
are appropriate for the regulation of land use, these controls represent
a type of regulatory rigidity and uniformity which may not be best
suited to the development of land contained in the planned development
concept. Further, this section recognizes that a rigid set of space
requirements, along with bulk and use specifications, would frustrate
the application of this concept. Thus, where planned development techniques
are deemed appropriate through the rezoning of land to a Planned Development
District by the Town Board, the set of use and dimensional specifications
located elsewhere in this chapter are herein replaced by an approval
process in which an approved plan becomes the basis for continuing
land use controls.
(3)
In order to carry out the intention of this section, a planned development
shall achieve the following objectives:
(a)
A choice in the types of environment, tenure type and community
facilities available to existing and potential Town residents.
(b)
More useable open space and recreation areas.
(c)
Preservation of trees and outstanding natural topographic and
ecological features.
(d)
A creative use of land and related physical development, which
allows an orderly transition of land from a vacant state to a developed
state.
(e)
An efficient use of land resulting in economical networks of
utilities and streets.
(f)
A development pattern in harmony with the planning objectives
of the Town.
B.
General requirements.
(1)
Permitted uses.
(a)
Uses within an area designated as a Planned Development District
are to be determined by the provisions of this section as well as
the conditions of the approval of each planned development project.
(b)
Permitted accessory uses as permitted by the Town Board which
shall be in harmony with and customarily incident to the principal
use or building and located on the same lot or parcel of land.
(2)
Minimum area. The minimum development area required to qualify for
a Planned Development Zone designation, shall be five acres in the
case of a commercial PDD, 10 acres in the case of a mixed-use PDD,
and 10 acres in the case of a senior citizen PDD.
(3)
Ownership. The ownership tract of land under application for consideration
for a Planned Development Zone may be owned, leased, or controlled
either by a single person or corporation or by a group of individuals
or corporations. An application must be filed by the owner or jointly
by the owners or their agent(s) of all property included in the project.
The approved plan shall be binding upon all the property owners and
such owners shall provide written certification of such binding agreements.
(4)
Location of Planned Development District. The Planned Development District may be applicable to any area of the Town, where the applicant can demonstrate that the characteristics of the area will meet the objectives of Subsection A.
(5)
Density. To more effectively utilize land in a planned development,
improved environmental quality can usually be produced with greater
density than is usually permitted in traditional zoning districts.
The Town Board shall determine in each case the appropriate land use
intensity and/or dwelling unit density for individual projects. The
determination of land use intensity ratings or dwelling unit density
shall be thoroughly documented, including all facts, opinions and
judgments justifying the selection of the densities.
(6)
Commercial planned development uses. Permitted principal uses: commercial and business uses of a variety of types, such as research and development facilities, high technology assembly, professional offices, commercial recreation facilities, retail and service establishments that would compliment other commercial uses and such other uses as may be deemed appropriate for the area under consideration by the Town Board and in keeping with this section and the objectives found in Subsection A.
(7)
Mixed-use planned development uses. A mixed-use planned development shall reflect the elements expressed in previous sections of these planned development requirements, including the objectives found in Subsection A. The mixed-use planned development may incorporate a variety of housing types such as detached, semidetached, attached, apartments, or any combination thereof, and commercial and business uses as outlined in Subsection A, to achieve its objectives. Commercial uses shall include retail and service establishments that compliment the other PDD uses, high technology, assembly, professional offices and commercial recreation as outlined in Subsection A, to achieve its objectives.
(8)
Senior citizen planned development. A senior citizen planned development
may incorporate a variety of housing types as set forth heretofore.
Occupancy shall be limited to senior citizens, handicapped persons,
or senior citizen or handicapped families. Housing types may include
apartments, accessory apartments, senior cottages, townhouses, or
continuing care communities that include townhouses, apartments, nursing
care in a campus setting, or assisted living care.
(9)
Open space requirements.
(a)
Common open space totaling not less than 30% of the total Planned
Development District shall be provided in perpetuity. However, should
the underlying zoning district require more open space, then the underlying
zoning district requirements shall take precedence.
(b)
Parking areas, roads, house sites, other impervious surfaces,
and their improvements shall not be included in the calculation to
determine the amount of available open space. However, the entire
tract, apart from these exceptions, shall be considered in determining
the required amount of open space. The following facilities or improvements
may be located on open space land: common septic systems, water systems,
stormwater systems, bike paths, walking trails, and other common community
facilities that do not involve buildings, such as tennis courts, swimming
pools, and playgrounds.
(c)
The location, size, and character of the open space must be
suitable for the PDD and must be used for amenity or recreational
purposes.
(d)
The proposed development design shall strictly minimize disturbance
of environmentally sensitive areas. The Planning Board shall encourage
areas of open space to be connected, where appropriate. Where important
open space areas exist contiguous to the subject parcel, every effort
shall be made to locate the on-site protected open space adjacent
to these open space areas.
(e)
A recreational fee in lieu of land, as set forth in the Town's
Fee Schedule,[1] may be imposed to accommodate the foreseeable recreational
needs of the residents of the proposed development, should the Planning
Board determine that the open space lands set aside will not provide
adequately for these recreational needs.
[1]
Editor's Note: The Fee Schedule is on file in office of the
Building Inspector/Code Officer.
(f)
The preferred way of protecting open space is for the applicant
to provide deed covenants and restrictions acceptable to the Town
Attorney. Conservation easements will also be considered in a case
where they are transferred to a conservation organization or to a
homeowners' association acceptable to the Town. However, regardless
of how open space is permanently preserved, it is required that the
Town be granted third-party enforcement rights to enforce the terms
of all restrictions, easements or other legally binding instruments
providing for open space. Such provisions shall include that the Town
shall be entitled to reimbursement for all costs, expenses and attorneys'
fees incurred in connection with such enforcement, to be collected
from the party against whom enforcement is sought.
(g)
Unless otherwise agreed to by the Planning Board, the cost and
responsibility of maintaining common open space and facilities shall
be borne by the homeowners' association, conservation organization
or private owner(s). The Planning Board shall have the authority to
require a bond or other security measure to ensure proper maintenance
of open space and the facilities located on the subject parcel.
(h)
When a PDD borders on active farm land, no dwelling structure
shall be allowed within 100 feet of a field or pasture or 300 feet
of a barn.
(10)
Sewage treatment systems. The Town of Coxsackie encourages shared
or community sanitary sewage disposal systems for planned developments.
Such systems may be located in the required open space lands, provided
such areas are not paved or covered with other impervious surfaces.
Sanitary sewage disposal systems of an individual nature may also
be located within or extend into required open space areas. Regardless
of the type of subsurface sewage disposal methods employed, all required
separation distances shall be observed and the ownership and maintenance
responsibilities associated therewith shall be clearly defined in
agreements submitted for approval as part of the application. No application
shall be approved that does not provide lot buyers with both the legal
authority and the responsibility, individually or collectively, to
maintain all sewer facilities on a continuing basis. This may include
the creation of a special district under Articles 12 and 12-a of New
York State Town Law.[2]
(11)
Building design standards. All buildings shall be an integral
part of the layout and design of the entire development. Individual
buildings shall generally be related to each other in design, massing,
materials, placement, and connections so as to create a visually and
physically integrated development.
(12)
Landscaping design standards. The development shall have a coordinated
landscape design for the entire site. Wherever possible, existing
trees shall be conserved and integrated into the overall landscape
design. Landscaping shall include shrubs, ground cover, and street
trees. Street trees shall be provided along all streets and pedestrian
walkways. Parking lots shall be landscaped and screened.
(13)
Circulation design standards. Roads, pedestrian walkways and/or
sidewalks shall be designed as an integral part of the overall site
design and shall be connected to the existing sidewalk network.
(14)
Procedure. Whenever any planned development is proposed, before
any building permit is issued in such Planned Development District
and before any subdivision plat or any part thereof may be filed in
the office of the venued County Clerk, the developer or his authorized
agent shall apply for and secure approval of such planned development
in accordance with the following procedures:
(a)
Application for a planned development shall be made to the Town Board of the Town of Coxsackie on such forms as may be provided by the Board or its agent. The application shall be accompanied by a sketch plan submission as described in Article X of this chapter.
(b)
Referral of the application to the Town of Coxsackie Planning Board. The Town Board shall refer the application and accompanying documents to the Planning Board for its review and recommendation. In reviewing the application, the Planning Board shall follow the process for review of sketch plans as set forth in Article X of this chapter. Upon completion of its review, the Planning Board shall prepare and submit a report to the Town Board regarding this application, recommending either adoption, adoption with modification or rejection of the requested rezoning and stating the reasons for such recommendation. If the recommendation is favorable, the report shall include the following findings and basis therefor:
[1]
That the proposal conforms to the Town's comprehensive zoning
objectives.
[2]
That the proposal meets the intent and objectives of planned development as expressed in Subsection A.
[3]
That the proposal meets the requirement of §§ 261-b
and 261-c of the Town Law of the State of New York, as presently existing
and as hereafter amended.
[4]
That the proposal is conceptually sound in that it meets local
and area-wide needs and it conforms to accepted design principles
in the proposed functional roadway and pedestrian system, land use
configuration, open space system, drainage system and scale of elements,
both absolutely and to one another.
[5]
That there are adequate services and utilities available or
proposed to be made available in the construction of the development.
[7]
That traffic will not have an adverse impact on the adjoining
transportation system.
(c)
Referral of application to the County Planning Board. Where
required by law, the Town Planning Board shall refer the application
for zoning to a Planned Development District to the County Planning
Board. The County Planning Board shall make a report within 31 days
of the referral. Failure to make a report within 31 days shall be
deemed to mean such Board has no objection to the proposal.
C.
Town Board action.
(1)
Upon receipt of the report from the Town Planning Board, the Town
Board shall review the application and the Town Planning Board's recommendation.
The Town Board may then set a date for and conduct a public hearing
to consider the application. Upon completion of the public hearing
and due consideration of the application, the Town Board shall act
to adopt, adopt with modifications or reject the requested rezoning.
(2)
If the Town Board grants the Planned Development District, the Zoning
Map shall be so notated.
(3)
The Town Board may, if it believes it necessary in order to fully
protect the health, safety and general welfare of the community, attach
to its zoning resolution additional conditions or requirements the
applicant must meet.
(4)
Such requirements may include but are not limited to:
D.
Planning Board site approval.
(1)
Upon approval of the zoning request by the Town Board, the applicant shall submit final plans to the Planning Board, consistent with the concept plans submitted with the application to rezone, with such modifications as may have been required by the Town Board. Final site plan submittal requirements shall be as set forth in Article X of this chapter, and the following additional information shall be required:
(a)
A street and traffic plan, showing traffic flow patterns, proposed
streets within the project and proposed ingress and egress from the
adjoining highway network. All streets shall be constructed in conformity
with the Town's requirements and shall be offered for dedication to
the Town. Any and all proposed walkways within the project site shall
be hard-surfaced and have a minimum width of five feet.
(b)
Residential parking. Parking shall be shown on the final plan
in sufficient quantities so that on the property for each dwelling
unit has no less than two off-street parking spaces, each space to
be a minimum of nine feet wide and 18 feet long, are provided. Further,
common parking areas shall be provided, containing no fewer than 0.5
additional parking spaces for each dwelling unit. These common parking
areas shall be no further than 250 feet from the building or buildings
they are intended to serve. Also, where the project shall have regular
employees, one parking space shall be provided for each employee known
to be working on each shift. The Town Board may increase or decrease
said parking requirements herein at the time each district is established
to reflect parking demand reasonably anticipated by the type of project
being proposed to be developed.
(c)
Provisions for winter snow storage for parking areas shall be
included as an integral part of the project plan, and such snow storage
provisions shall not reduce the number of parking spaces beyond the
minimum number established by these rules. A plan for snow removal
rather than storage shall not be an acceptable alternative.
(d)
Any proposed parking other than for residential purposes shall meet the parking standards for the proposed use or uses as set forth in § 201-41 of this chapter.
(e)
The proposed location and approximate size and design for all
playgrounds, recreation areas and land reserved for open space.
(f)
Proposed safeguards to be provided to minimize possible detrimental
effects of the project on adjacent properties and the neighborhood
in general.
(2)
Prior to final site approval, the Town Planning Board shall present
plans to the Town Board for its review for the purpose of ascertaining
that the finalized plans are consistent with the original concept
plans used for the rezoning of the parcel to the Planned Development
District.
(3)
Requirements and procedures for review, approval and implementation
of the final planned development plans, including but not limited
to review of final site development plans, issuance of approval, compliance
with the approval, decisionmaking time frames, filing, performance
guaranties, escrow provisions, administration, enforcement and penalties
shall be as set forth in the Town Board approval.
(4)
Prior to the commencement of any site work, the developer shall comply
with the Town's requirements for grading, including the posting of
cash escrow, or other security as required and any other local, state
and federal laws and regulations as may apply.
E.
Required timely commencement of project. Any project within an area
zoned or rezoned as a Planned Development District shall commence
building and construction within two years following the time when
the project could, upon proper application, secure a building or grading
permit. In the event such action shall not be timely undertaken, by
securing required permits and commencing construction or grading,
the planned development approval shall terminate, and the project
area classification shall revert to the district classification existing
prior to the approval of the Planned Development District.
