Town of Lumberland, NY
Sullivan County
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A. 
Zoning districts. For the purpose of promoting the public health, safety, morals and general welfare of the Town of Lumberland, the Town is hereby divided into zoning districts and overlay districts. The zoning districts are as follows:
(1) 
River Hamlet Districts (Pond Eddy and Handsome Eddy) (RHD). One purpose of this district is to complement the River Overlay District by centralizing river-related commercial activity.
(2) 
Black Forest District (BFD). One purpose of this district is to accommodate and augment the community's established regulations and deed restrictions. Nothing herein shall in any way be construed to impose any additional obligation on the Town to enforce the provisions of the community's established regulations and deed restrictions. To the extent that any purported proscribed conduct is alleged to be a distinct violation of this chapter, however, the Town may enforce the provisions of this chapter according to Article VII of this chapter, infra.
(3) 
Hillside District (HD). One purpose of this district is to provide an area in Town for generally low-density residential development and complementary uses, while preserving open space and community character.
(4) 
Mongaup River Valley District (MRV). One purpose of this district is to maintain the pristine quality of this area.
(5) 
Mohican Lake District (MLD). One purpose of this district is to accommodate the existing dense settlement while allowing compatible growth.
(6) 
Rural Residential District (RR). One purpose of this district is to protect the rural character of the less densely developed areas of the Town.
(7) 
Glen Spey District (GS). One purpose of this district is to support a town center feel.
B. 
Overlay districts. An "overlay district" is a special district that is drawn on a map over a specific area, primarily to protect special resources from inappropriate development and to maintain the Town's natural resources. The overlay districts supplement the existing land use regulations, such as subdivision requirements, site plan review and zoning districts of the Town. Overlay districts may overlap different zoning districts, but they do not change the use and dimensional requirements of the underlying zoning districts unless specifically so stated in this chapter. Except as specifically otherwise provided in this chapter, all uses in any overlay district require site plan review. The overlay districts are as follows:
(1) 
Floodplain Overlay. One purpose of this overlay district is to reduce the potential for flooding and associated flood damage.
(2) 
Historic Overlay. One purpose of this overlay district is to preserve the historic buildings and qualities of this area.
(3) 
Mohican Lake Access Overlay. One purpose of this overlay district is to provide an area of shoreline that allows a high density of lake access points.
(4) 
Riparian Overlay. One purpose of this overlay district is to protect the Town's water supplies and reduce the potential for flooding and erosion.
(5) 
River Overlay (Delaware River). One purpose of this overlay district is to enhance the scenic and recreational features of the Delaware River, to protect the Delaware River corridor, and to augment the Upper Delaware River Management Plan.
C. 
District boundaries; Zoning Map. Except for the Floodplain Overlay District, the boundaries of each of the districts described in Subsections A and B are hereby established as shown upon the duly adopted Zoning Map which accompanies this chapter, and which, with all notations, references and other matters shown thereon, is hereby declared to be a part of this chapter and shall be kept on file in the office of the Town Clerk. Unofficial reductions of these maps are appended to this chapter for reference purposes only. The boundaries of the Floodplain Overlay District are the areas within the Town from time to time designated as areas of special flood hazard by the Federal Insurance and Mitigation Administration on the then-current Flood Insurance Rate Map pertaining to property within the Town.
D. 
Interpretation.
(1) 
Generally. The district boundary lines, unless shown otherwise, are intended generally to follow street center lines, railroad right-of-way boundary lines or their center lines, other similar right-of-way lines, or lot lines or boundaries of subdivisions, or Town boundary lines. If the district boundary line does not follow such a line, but is shown parallel to such a line on the Zoning Map, the distance between the parallel lines shall be as dimensioned on the Zoning Map. Such dimensions shall be construed to read from the center line of all rights-of-way rather than from their outside edges. Where district boundaries are indicated as approximately following lot lines, such lot lines as they existed at the time of enactment or amendment of this chapter shall be construed to be said boundaries. Where the boundary of a district is indicated as following shorelines of ponds and lakes, said boundary line shall be construed to follow such shorelines and, in the event of change in the shoreline, shall be construed as moving with the actual shoreline. Where the boundary of a district is indicated as following a stream or other watercourse, said boundary line shall be construed to follow the center line of such stream or watercourse and, in the event of change in the same, shall be construed as moving with the actual stream or other watercourse.
(2) 
Scaling. When the location of a district boundary line cannot be otherwise determined, the determination thereof shall be made by scaling the distance on the Zoning Map from a line of known location to such district boundary line.
(3) 
Interpretation by Board of Appeals. In the case of uncertainty as to the true location of a district boundary line in a particular instance, an appeal may be taken to the Board of Appeals, as provided in this chapter.
(4) 
Division of lot. When a zoning district boundary line divides a lot in single ownership at the effective date of the chapter or any subsequent amendment, the Planning Board shall have the authority, upon proper application therefor, to grant a special use permit to authorize a use of land, buildings and other structures permitted in one district to be extended into the other district, where such use would otherwise not be permitted, for a distance of not more than 50 feet, in accordance with the provisions of § 250-69. This Subsection D(4) does not apply to overlay districts.
A. 
Use Table. The Use Table sets forth, by zoning district, restrictions and requirements applicable to certain land uses, including dimensional regulations and requirements such as required yard setbacks, height restrictions, maximum allowable lot coverage, and maximum allowable lot clearing. No structure or land shall be used except as provided in the Use Table, and what is provided in the Use Table is subject to and limited by any restrictions imposed by any applicable overlay district requirement (see § 250-11B, Overlay districts), or by any applicable general or specific supplementary regulation (see Articles V and VI), or by the provisions of this chapter explicitly prohibiting certain uses anywhere and everywhere throughout the Town (see Article X). The meanings of the symbols used in the Use Table are as follows:
"P" designates a principal permitted use in the particular district. Permitted as of right, such uses typically require a zoning permit or a building permit and a certificate of occupancy from the Code Enforcement Officer but do not require review by any municipal board.
"SU" designates a use that is allowed in the particular district only upon receipt of a special use permit issued by the Planning Board. Typically, uses requiring special use permits also require site plan review by the Planning Board.
"A" is a use that may be allowed (as of right) within the particular district as customarily incidental and accessory to a principal permitted use that is allowed as of right.
"SU/A" is a use which is customarily incidental and accessory to a principal permitted use, but which within the district in question requires (separate and apart from any requirements applicable to the principal use in question) a special use permit issued by the Planning Board.
B. 
Use requirements. No building or land shall hereafter be used or occupied, and no building or part thereof shall be erected, moved or altered, unless in conformity with the regulations herein specified for the district in which it is located.
C. 
Bulk requirements. No building shall hereafter be erected or altered to exceed the height, to accommodate or house a greater number of families, to occupy a greater percentage of lot area or to have narrower or smaller rear yards, front yards, or side yards than is specified herein for the district in which such building is located.
D. 
Yard and open space requirements. No part of a yard or other open space about any building required for the purpose of complying with the provisions of this chapter shall be included as a part of a yard or other open space similarly required for another building.
E. 
Lot clearing.
(1) 
Trees and other vegetation perform numerous important and essential functions, including, but not limited to:
(a) 
The stabilization and preservation of soil;
(b) 
Maintenance of watershed areas, which are essential to the Town's fresh water supply;
(c) 
Absorption of air pollution and carbon dioxide;
(d) 
Production of oxygen; and
(e) 
Establishment of natural barriers to noise and habitats for wildlife.
(2) 
They are also a desirable aesthetic feature and key factors in the Town's rural character. Accordingly, to promote desirable growth and prevent undue clearing of vegetation, the Use Table sets forth a maximum percentage of a lot that may be cleared of existing trees and vegetation. This maximum was designed to allow for a clearing size that will reasonably accommodate development needs (including construction staging) and associated water and sewerage concerns.
F. 
Lot coverage. Every addition to the impervious surfaces in the Town increases the amount of stormwater runoff and reduces the amount of water reaching the aquifers. To prevent undue amounts of impervious surfaces, the Use Table sets forth a maximum percentage of a lot that may be covered by such surfaces.
G. 
Any use not specifically permitted is prohibited. Any use not specifically set forth as a permitted use (whether as of right or by special use permit) in any district shall be expressly prohibited in that district. A use specifically set forth as a permitted use in one district shall not be permitted in another district unless it is specifically set forth as a permitted use in said other district. Any use, whether or not listed in the Use Table (Article XI) is prohibited if it does not satisfy the standards and criteria in Articles V and VI.
H. 
Accessory uses. Accessory uses shall be allowed by the same permit process as applies to the principal use, unless otherwise indicated on the Use Table. (So if a use requires a special use permit in a particular zone, then an accessory use to that use also requires a special use permit.) Such accessory uses must be on the same lot as the principal use. If there is no principal use on a residential lot, a use that is typically a residential accessory use, such as a residential garage, swimming pool, tennis court or a toolshed, may be allowed by special use permit.
I. 
Change of use or structure. A change of use is the initiation of a use that is in a different use category, as listed on the Use Table (Article XI), from the existing use of the site or structure. A mere change of ownership, tenancy or occupancy is not a change of use. Once a special use permit has been granted, it shall run with the land and apply to the approved use, as well as to any subsequent use of the property in the same use category, for so long as there is no enlargement or modification of the building, and provided that the use does not lapse or the special use permit does not expire.
A. 
Purpose of Floodplain Overlay District. The purpose of the Floodplain Overlay District is to provide for sound floodplain management so as to protect life, health and property, minimize expenditures of public monies for flood control projects, rescue and relief efforts and restoration efforts. It remains the responsibility of the property owner to comply with the requirements of the National Flood Insurance regulations in addition to the requirements of this chapter.
B. 
Delineation of Floodplain Overlay District. The Floodplain (FP) Overlay District encompasses those portions of the Town mapped by the National Flood Insurance Program under the auspices of the Federal Emergency Management Agency (FEMA) as one-hundred-year flood areas, referred to herein as "special flood hazard areas."
C. 
Permitted uses in the Floodplain Overlay District. The following uses typically do not obstruct flood flows and accordingly are permitted uses within the Floodplain Overlay District but only to the extent that such uses do not involve development of an area of special flood hazard or substantial improvement to a structure and are not otherwise prohibited by any other law:
(1) 
Agriculture uses such as pasture or grazing, but only so long as they do not involve development of a special flood hazard area. Agricultural uses are permitted without site plan review.
(2) 
Private and public recreational uses such as swimming areas, open space, wildlife or natural preserves, hunting and fishing areas, and hiking and horseback trails, but only so long as they do not involve development of a special flood hazard area.
(3) 
Normal ground maintenance, including mowing, trimming of vegetation, repair of decorative landscaping, planting of native species, repair of existing walkways, walls, driveways; operation of existing stormwater management facilities. Provided that such activities do not require structures, grading, fill, draining or dredging, the activities specified in this subsection do not require site plan review.
D. 
Prohibited uses in the Floodplain Overlay District. The following uses are prohibited within any special flood hazard area:
(1) 
Critical facilities; and
(2) 
Activities that are hazardous to public health or water quality. Without limiting the generality of the foregoing, no new septic tank, leach field, or other sanitary sewage facility shall be located within the Floodplain Overlay District, but replacement of existing such facilities shall not be prohibited.
E. 
Development standards in the Floodplain Overlay District.
(1) 
No uses may diminish or constrict the capacity of the channel or floodway of any watercourse or any tributary to the main stream or any other watercourse, drainage ditch or any other facility or system to discharge the waters from the base flood.
(2) 
All new development of a special flood hazard area must set aside floodplain areas as open space or drainage easements, all new lots must be located on natural high ground, and conservation subdivisions must locate development on flood-free sites.
(3) 
All new development of a special flood hazard area must include in the design of their stormwater management facilities appropriate BMPs that will improve the quality of surface water. These provisions must be permanently incorporated into the development's facilities.
(4) 
All improvements, modifications, additions and reconstruction projects to an existing building will be evaluated cumulatively over a period of at least five years. Once the total cost of all the projects reaches 50% of the building's value, the project is considered a substantial improvement, and the building is treated as a new building and the entire building must be elevated. All additions to buildings (regardless of size) must be elevated above the base flood elevation.
(5) 
Fill is prohibited in the floodplain (not just in the floodway) unless compensatory storage is provided on site.
(6) 
New buildings in a special flood hazard area must be constructed on properly designed and compacted fill that extends beyond the building walls before dropping below the base flood elevation and has appropriate protection from erosion and scour.
(7) 
Building enclosures, including breakaway walls, are prohibited below the base flood elevation.
A. 
Purpose of the Mohican Lake Access Overlay District. The intent of this district is to allow for a high density of lake accesses along a portion of the shoreline of Mohican Lake. This portion of the shoreline is currently used in this manner, and applying this overlay district will allow for a more equitable review of similar proposed uses in this district.
B. 
Subdivision and development of parcels in the Mohican Lake Access Overlay District. Lots may be subdivided and developed if approved by the Planning Board after a site plan review.
C. 
Minimum lot size in the Mohican Lake Access Overlay District. There are no minimum lot sizes so long as the width of the lot is at least 20 feet and at least one parking space of 18 feet by 10 feet can be provided.
D. 
Permitted uses in the Mohican Lake Access Overlay District.
(1) 
In addition to the one parking space, the lots may have:
(a) 
One dock and one float per shoreline property. No dock or float may be attached to a dock. Any dock shall be for the private, noncommercial use of the owner.
(b) 
The docks and floats must be removable, but not necessarily actually removed, on a seasonal basis and have no permanent contact with the submerged land and require no excavation of the submerged land.
(c) 
There shall be free movement of water underneath the docks and floats.
(d) 
The dock shall be no more than eight feet in width at its juncture with the existing shoreline. This eight-foot maximum width must not be exceeded within five feet of the shoreline, and the dock alignment must be perpendicular to the shore and remain so for at least 10 feet from the shoreline.
[1] 
Maximum size permitted.
[a] 
Dock: 360 square feet.
[b] 
Float: 10 feet by 10 feet.
[2] 
Maximum distance from shoreline.
[a] 
Dock: 25 feet.
[b] 
Float: 150 feet.
[3] 
The dock shall be fastened to the shoreline in a manner to minimize any disturbance to the existing shoreline. There shall be minimal recontouring or similar modification of the existing shoreline and surrounding land.
(2) 
No other uses are permitted.
A. 
Purpose of the Historic Overlay District. The purpose of the Historic Overlay District is to protect, enhance and perpetuate the landmarks and districts of historical and cultural importance and significance necessary to promote the economic, cultural, educational and general welfare of the public. The Historic Overlay District is intended to foster civic pride, protect and enhance the Town's attractiveness to visitors and the support and stimulus to the economy provided thereby and to promote economic prosperity by encouraging the most appropriate use of such property. The Historic Overlay District provides for architectural standards that will ensure the historic nature of this area of the Town is maintained.
B. 
Building design in the Historic Overlay District.
(1) 
The following architectural standards are to ensure the exterior of new construction and additions to existing buildings are well designed, detailed and crafted to embody high standards of architectural design. Building design in the Historic Overlay District shall maintain historic building lines, shapes and angles and use materials in keeping with historic looks.
(2) 
That portion of a building, as to facade, roof, windows, doors, chimneys, etc., shall be designed and constructed so as to complement the main architectural style of the structure and/or other nearby buildings within the Historic Overlay District. Examples of the main styles of architecture within the Historic Overlay District are as follows:
250 Akeson Road.tif
Akeson Road
250 Berme Church Ext.tif
Berme Church Extension
250 Route 42 Glen Spey.tif
Route 42, Glen Spey
250 High Road Glen Spey.tif
High Road, Glen Spey
250 Proctor Road.tif
Proctor Road
250 Berme Church Ext 2.tif
Berme Church Extension
250 Route 97.tif
Route 97
250 Route 31 Glen Spey 2.tif
Route 31, Glen Spey
250 Proctor Road Glen Spey.tif
Proctor Road, Glen Spey
250 Route 42 Glen Spey 2.tif
Route 42, Glen Spey
(3) 
Materials appropriate to the Historic Overlay District are required, specifically: (i) building facades must be made of wooden clapboard, natural stone, Hardiplank or cedar shakes; (ii) the roof must be made of cedar shake, slate or architectural asphalt shingles. The Planning Board may approve other materials; however, the following materials are prohibited for the facade: cultured stone, vinyl siding, T-111 siding, aluminum siding, and log-style siding. Accent materials shall be used for cornices, sills, bases, lintels, banding and decorative accent trims. Accent materials shall consist of materials that meet or exceed the quality of the primary exterior materials and shall be consistent with the building design.
A. 
Purpose of the River Overlay District. The purpose of this district is to allow the Town to establish special land use regulations, standards and procedures that are protective of those qualities for which the Upper Delaware was designated a scenic and recreational river, and to augment those recommendations set forth in the Upper Delaware River Management Plan to:
(1) 
Maintain the high water quality found in the Upper Delaware River;
(2) 
Provide for the protection of the health, safety and welfare of residents and visitors;
(3) 
Provide for the protection and preservation of natural resources; and
(4) 
Provide for recreational and other public uses while protecting the Upper Delaware River as a natural resource.
B. 
Applicable regulations in the River Overlay District. The River Overlay District zone spans the river corridor within the Town and is coterminous with the Upper Delaware River Management Plan boundaries. Except as modified by the overlay district, the provisions of the applicable base zoning district shall apply to all development within the boundary of the designated area. If regulations conflict, the applicable overlay zoning district regulations shall prevail.
C. 
Land use and development regulations in the River Overlay District.
(1) 
Visibility of structures. All structures shall be sited to avoid occupying or obstructing public views of land within the overlay district. Public views shall be considered to be from the waters of the Delaware River and from the right-of-way of the Upper Delaware Scenic Byway (State Route 97). These areas are frequented by the public and are associated with the natural beauty of the area. Visibility shall be measured using a condition of no leaves on trees.
250 Visibility of Structures.tif
This illustration shows how landscaping can reduce the visual impact
of a structure while retaining the views seen from within.
(2) 
Building sites. Building sites shall be clearly noted on any plat or plan. All structures shall be sited away from ridge tops and ridgelines (see ridgelines below).
(3) 
Structure design. Structures shall blend in with natural surroundings through preferred use of stone or natural wood siding and use of roofing materials with earthtone colors.
(4) 
Lighting. Exterior lighting shall be controlled in both height and intensity. Under no circumstances shall the light level at any lot line exceed 0.2 footcandles, measured at ground level. Screening or shielding of luminaries may be required.
(5) 
Structure screening. As a condition of approval, an applicant may be required to preserve existing vegetation or provide new plantings of native vegetation to screen structures.
(6) 
Underground utilities. All electric, telephone, television and other communication lines, both main and service connections, servicing new development shall be provided by underground wiring within easements of dedicated public rights-of-way, installed in accordance with the prevailing standards and practices of the utility or other companies providing such services.
(7) 
Steep slopes. Construction must be limited to those areas with less than fifteen-percent slope. Disturbance of slopes in excess of 15% is limited to access as determined necessary by the Planning Board.
250 Steep Slopes.tif
(8) 
Natural cover. Except in the River Hamlet Districts, impervious surfaces are limited to no more than 10%. Clearing of vegetation for building purposes shall be limited to 20% of the lot area, with a reduction to 10% for slopes over 15% in grade.
250 Natural Cover left.tif 250 Natural Cover right.tif
(9) 
River bank. Construction within 100 feet of the average high-water mark of the Delaware River is prohibited, with the exception of small decks, gazebos or picnic areas not to exceed 200 square feet, and which require a special use permit, and recreational facilities, which also require a special use permit.
250 River Bank.tif
(10) 
Required minimum frontage. No lot shall be created with less than 300 feet of frontage along the Delaware River.
250 Req Min Frontage.tif
(11) 
Plant cover. Plant cover shall be maintained to help prevent erosion. Exceptions will be made for control of Japanese knotweed or other listed invasive species or removal of dead or diseased specimens. When removing vegetation for those purposes, vegetation can only be removed through the use of handheld devices (i.e., chainsaws, pole pruners, hedge trimmers, weed eaters, etc.). Bulk application of chemical herbicides is prohibited. The removal of vegetation shall be conducted in such a manner as to preserve ground cover (through a vegetated cover or through the use of a substrate that will prevent sediment runoff from the site). Removal of healthy tree specimens greater than three inches in diameter at breast height is prohibited except when installing an approved accessory use or recreational facility.
(12) 
Replanting. Any land disturbance percentage in amounts that exceed those specified in this article shall be replanted according to the requirements of this Subsection C(12). All planted species shall be on a ten-foot-by-ten-foot spacing. A mix of one overstory and one understory species from the list of native plants, appropriate for site elevation and aspect, shall be planted on each 100 square feet. Trees shall be three feet to four feet in height, with a minimum stem diameter at the ground of one inch. The root ball shall be 14 inches and 18 inches. All overstory and understory plants shall be limed, and slow-release fertilizer stakes shall be inserted around each plant. All plants shall be mulched with organic mulch to control weeds. Mulch shall extend two feet around each plant.
(13) 
Ridgelines. Construction is prohibited within 100 feet of the ridgeline.
250 Ridgelines.tif
(14) 
Recreational and public uses. Recreational facilities shall be developed, operated and maintained in such a way as to limit adverse impacts on adjacent landowners and the surrounding environment. All proposed recreational facilities shall have good site planning. Good site planning can minimize any adverse effects of development and provide a more enjoyable recreational experience.
(15) 
Site disturbance. Site disturbance during construction shall be limited. Trees and shrubs shall be retained to keep the facility hidden from view. River bank access shall be controlled to limit erosion. Road access must be adequate and safe. The proposed facility also must comply with state health regulations.
(16) 
Recreation, open space. As a condition of approval, the Town may require up to 50% of any parcel within the overlay district for parkland, recreation and open space purposes, so long as this condition does not reduce the number of units allowable under applicable zoning. Such land shall be dedicated through a conservation easement.
(17) 
Signs.
(a) 
The use of off-premises advertising signs shall be avoided. If used, they shall be limited to 30 square feet in size and two per advertiser. River frontage signs shall be restricted to one per riverfront parcel, and then only to provide directions or safety messages. Signs shall harmonize with the surrounding landscape.
(b) 
On-premises advertising or business identification signs may be illuminated outside of developed areas. On-premises signs larger than 10 square feet shall be limited to one per property line along a street or the river. Alternately, the total square footage of signage, rather than the number of signs, may be limited.
(c) 
Nonadvertising signs shall be limited to less than 10 square feet in size and two signs per property. This guideline clearly does not apply to temporary, institutional or trespassing signs.
A. 
Purpose of the Riparian Overlay District. The Riparian Overlay District applies to the land in the Town within 1,000 feet of the shoreline of Swinging Bridge Reservoir, Cliff Lake, Lebanon Lake, Lake Champion, Lake DeVenoge, Sand Pond, Mohican Lake (but excluding land in the Mohican Lake Access Overlay District), Lake Metauque, Mohaph Lake, Lochada Lake (also known as Brookwood), Glen Lake, Lake Diana, the Mongaup River, and Rio Dam Reservoir. This district is intended to ensure that uses will be permitted in this district in a manner that will match development to the capacity of these waters, preserve shoreline buffers, preserve natural scenic beauty, protect sensitive areas, avoid deterioration of water quality, minimize runoff and the flow of nutrients and other harmful elements to these bodies of water, groundwater and other wetlands and watercourses in the district.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
B. 
New construction in the Riparian Overlay District.
(1) 
Existing structures. In order to help preserve the water quality of these bodies of water, any addition to or enlargement of an existing structure occurring between 50 feet and 75 feet of the shorelines of Swinging Bridge Reservoir, Cliff Lake, Lebanon Lake, Lake Champion, Lake DeVenoge, Sand Pond, Mohican Lake, Lake Metauque, Mohaph Lake, Lochada Lake (also known as Brookwood), Glen Lake, Lake Diana, the Mongaup River, and Rio Dam Reservoir shall require a special use permit.
(2) 
New structures. No new structure shall be located within 100 feet of Swinging Bridge Reservoir, Cliff Lake, Lebanon Lake, Lake DeVenoge, Sand Pond, Lake Metauque, Mohaph Lake, Lochada Lake, Lake Diana, the Mongaup River, Rio Dam Reservoir; 50 feet of Lake Champion, Mohican Lake, and Glen Lake, or any water body, watercourse, or wetland; or 50 feet of a floodplain boundary line, with the exception of docks and floats, which in addition to meeting the requirements of Subsection C shall also comply with erosion and sedimentation remediation measures as approved by the Planning Board and the New York State Department of Environmental Conservation.
(3) 
New construction related to hydroelectric projects and within the licensed boundaries of hydroelectric projects that are subject to the authority of the Federal Energy Regulatory Commission pursuant to Part 1 of the Federal Power Act is exempt from the requirements of this § 250-17.
C. 
Docks and floats and the Riparian Overlay District. No docks or floats shall be permitted in Rio Dam. Docks and floats shall otherwise be permitted, provided all of the following criteria are met:
(1) 
Only one dock and one float are permitted per shoreline property.
(2) 
No dock or float may be attached to a dock.
(3) 
Docks and floats shall be only for the private, noncommercial use of the residents of such shoreline property.
(4) 
Docks and floats must be removable, but not necessarily actually removed, on a seasonal basis.
(5) 
Docks and floats must have no permanent contact with the submerged land and require no excavation of the submerged land.
(6) 
There shall be free movement of water underneath such dock or float.
(7) 
The dock shall be no more than eight feet in width at its juncture with the shoreline. This eight-foot maximum width must not be exceeded for a length of at least five feet from the shoreline.
(8) 
The dock must be aligned to be perpendicular to the shore for at least 10 feet from the shoreline.
(9) 
Docks may not exceed a total maximum size of 360 square feet of total surface area. Floats may be no larger than 10 feet by 10 feet.
(10) 
Docks may not extend more than 25 feet from the shoreline. Floats may not extend more than 150 feet from the shoreline.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(11) 
The dock shall be fastened to the shoreline in a manner to minimize any disturbance to the existing shoreline. There shall be minimal regrading, recontouring, or similar modification of the existing shoreline and surrounding land.
(12) 
If stairs are proposed to access the dock, the stairs shall be no more than five feet in width and shall be elevated directly above the land in a manner that does not require regrading, recontouring, or similar modification of the existing shoreline and surrounding land. Masonry, stone stairs, and any other construction methods that require cutting into the shoreline and surrounding land are not allowed. Stair design shall minimize footings and maximize permeability.
(13) 
The height above the water of docks and floats shall be minimized. Docks and floats may not include appurtenances such as roofs, raised platforms, raised decks, etc. Removable fabric canopies or umbrellas and removable water slides are allowed.
(14) 
Docks shall be subject to the side yard requirements, but not the front yard requirements, of this chapter. In addition, no dock may be placed any closer than 25 feet from the lines formed by extending the side lot lines into the lake. The Planning Board may issue a special use permit for a dock to be placed closer than 25 feet to the lines of extension if it finds that the applicant cannot reasonably meet the twenty-five-foot setback because of the size or shape of the lot, location of physical obstructions such as rock, or the location of sensitive natural resources at the shoreline or within the lake.
(15) 
For safety purposes, the street number, using numerals at least three inches high, shall be affixed to the end of the dock and float so as to be visible from the lake.
(16) 
Existing nonconforming structures that extend beyond the shoreline and are used as docks or could be used as docks — including concrete piers, overhanging boathouse decks whose upper surfaces are within three feet of the water's surface and are accessible from the lake, and similar structures — shall be considered docks for the purposes of this chapter, and any part of such structures which extends beyond the shoreline shall be included in any surface area calculations required under this Subsection C.
(17) 
The existing nonconforming structures described in this § 250-17 may be enlarged if:
(a) 
The enlarged structure is to be used as a dock;
(b) 
The added portions meet the requirements of this Subsection C; and
(c) 
The combined surface area of the original nonconforming structure and its extension meets the size requirements of this Subsection C.
(18) 
Existing nonconforming concrete piers that extend beyond the shoreline may be resurfaced with wood or masonry if:
(a) 
The new deck surface is no more than eight inches higher than the original surface of the nonconforming concrete pier; and
(b) 
The new deck surface does not extend more than 1.5 inches beyond any edge of the existing nonconforming pier.
The Town encourages conservation subdivision as an alternative to conventional subdivision. In conservation subdivisions, units are clustered or sited on those portions of a property most suitable for development while leaving substantial portions as undeveloped open space. Conservation subdivision results in the preservation of contiguous open space and important environmental resources, facilitates the economical provision of streets and utilities while allowing compact development, more walkable neighborhoods, and more flexibility than conventional subdivisions. The Planning Board shall be authorized (pursuant to New York State Town Law § 278 and simultaneously with approval of plats under Chapter 213, Subdivision of Land) to modify applicable provisions of this chapter in accordance with this § 250-18 so as to accommodate conservation subdivision projects.
A. 
Application for conservation subdivision. Conservation subdivision applications shall be processed in accordance with the subdivision approval procedures set forth in Chapter 213, Subdivision of Land, and all applicable development requirements of the said chapter shall apply, except as modified by this § 250-18. In order to approve a conservation subdivision, the Planning Board must find that the proposed subdivision meets the standards in this § 250-18.
B. 
Preferred conservation subdivisions. Conservation subdivisions shall be allowed anywhere within the Town of Lumberland, and conservation subdivision is preferred for development of five or more dwelling units in all zoning districts. The Planning Board shall have the authority in the case of an application for a conventional subdivision of five lots or more to require that the applicant prepare an alternative sketch that depicts how the property might be developed using the conservation subdivision technique. If this alternative sketch plat is determined by the Planning Board to provide superior design in accord with the purposes of this chapter and the same density can be achieved, then the Planning Board may require a conservation subdivision.
C. 
Density in conservation subdivision. The maximum number of individual building lots permitted for the project shall be determined by using one of the below described methods. These density formulas are intended to simulate the lot count that would result from preparing a conventional subdivision and yield the applicant with the same lot count. An applicant may elect to prepare its calculations using either of the below described methods.
(1) 
Demonstration plan method. The number of cluster lots permitted shall be the same as the total number of lots permitted in a conventional subdivision of the same parcel. In order to determine the number of lots permitted for a conservation subdivision, an applicant shall submit a subdivision plan for the parcel as if it were to be developed in accord with all the standards and requirements in this chapter and Chapter 213, Subdivision of Land, regulations for a conventional subdivision. The level of detail required for the plan shall be determined by the Planning Board based on site conditions and the nature of the proposed project. Any lot that, due to slope, wetlands or other limitation, does not contain a suitable area for erecting a dwelling and associated improvements using normal development and building practices will not be considered an allowable lot and will not be included in the density calculation. The determination about whether a lot is allowable or not will be made by the Planning Board.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(2) 
Calculation method. The total number of dwelling units permitted shall be determined after deducting:
(a) 
Land contained within public rights-of-way;
(b) 
Land contained within the rights-of-way of existing or proposed private streets and parking areas (where formal rights-of-way are not involved, the width of the street shall be assumed as 50 feet wide);
(c) 
Land contained within the boundaries of easements previously granted to public utility corporations providing electrical or telephone service and any petroleum products pipeline rights-of-way; and
(d) 
The area of water bodies including lakes, ponds and streams (measured to the normal high-water mark on each side); 50% of wetland areas; 50% of the riparian buffer areas; 50% of the areas with steep slopes; and areas used for improvements, from the total area of the project and dividing by the minimum lot size for the district.
(3) 
Crossing zoning district boundaries. In cases where the proposed development falls within two or more zoning districts with differing density requirements, the density calculation may be derived by adding the lots allowed on each portion of the project area that falls in each district as determined in accordance with the above methods.
D. 
Individual lot size in a conservation subdivision. The limiting factor on lot size in conservation subdivisions is the availability of water and sewer infrastructure and the impacts of nitrate loading on well water supplies. The Planning Board may authorize that the size of individual building lots be reduced, provided the water and sewer design meets the New York State Department of Health guidelines. Appropriate minimum yard setbacks in a conservation subdivision will depend upon the lot sizes, the type of road frontage (state, county, town or private) and the character of the subdivision. Accordingly, yard requirements shall be established by the Planning Board at the time of plat approval and shall be shown in a chart on the plat.
E. 
General planning criteria in a conservation subdivision.
(1) 
The following criteria shall be used to provide an applicant and the Planning Board with guidelines and standards for creating and reviewing a conservation subdivision:
(a) 
Preserve natural site features. Individual lots, buildings, streets, parking areas and other improvements must be designed and situated to minimize alteration of the natural site features and to limit creation of impervious surface coverage.
(b) 
Open space. Open space preserved by the below described conservation easement shall include irreplaceable natural features located in the project area, such as steep slopes, large areas of contiguous mature forest, wetlands, watercourses and stream corridors, and may, as the Planning Board finds appropriate, include significant stands of trees, individual trees of significant size, rock outcroppings.
(c) 
Historic features. Site design shall preserve those man-made features considered of historic or cultural value. This may include stone walls, old farmhouses, root cellars and barns.
(d) 
Connection. Open space shall connect to existing conservation areas, known animal communities, animal migration paths, and existing recreational trails.
(e) 
Visual impacts. Individual lots, buildings and units shall be arranged and situated to relate to surrounding properties, to improve the view from and the view of buildings, and to lessen area devoted to motor vehicle access, and reduce visual impacts to adjoining properties and public roads.
(f) 
Site design. Diversity and originality in lot layout shall be encouraged to achieve the best possible relationship between development and the land. Lots shall be arranged in a manner that protects land of conservation value and facilitates pedestrian and bicycle circulation. Lots shall also be arranged to maximize protection of water wells from nitrate loading problems.
(2) 
A density bonus of up to 20% may be granted at the discretion of the Planning Board during the sketch plan phase, based upon the degree to which the applicant incorporates these criteria into its development plan.
F. 
Open space in a conservation subdivision. One of the major purposes of conservation subdivision is to preserve open space.
(1) 
Characteristics. Open space requirements for a conservation subdivision project are as follows:
(a) 
A minimum of 50% of the gross area of the parcel shall remain as open space;
(b) 
Open space may include trails for nonmotorized uses (i.e., hiking, biking and equestrian), picnic areas, and lavatories;
(c) 
Open space areas shall be part of the project area and shall be contiguous; and
(d) 
At least 50% of the open space shall be exclusive of wetlands, steep slopes, water bodies, riparian areas and otherwise unusable areas.
(2) 
Permanent protection. Prior to final Planning Board approval, all areas of a conservation subdivision that are designated as open space must be protected from development by a permanent conservation easement. The conservation easement shall restrict development of the open space land and allow use only for recreation, protection of natural resources, or similar conservation purposes and shall prohibit residential, industrial or commercial use of the open space. The conservation easement shall be granted to a private conservation organization acceptable to the Town and that is a bona fide conservation organization as defined in Article 49 of the New York State Environmental Conservation Law or to a governmental body acceptable to the Planning Board.
(3) 
Notations on plat or site plan. Preserved open space land shall be clearly delineated and labeled on the final subdivision plat and/or site plan as to its use, ownership, management, method of preservation and the rights, if any, of the owners of other lots in the subdivision to such land. The plat or site plan shall clearly show that the open space land is permanently preserved for open space purposes and shall contain a notation indicating the deed reference of any conservation easement or deed restrictions required to be filed to implement such restrictions.
(4) 
Ownership of the open space land. The fee ownership of the open space (the ownership of the land subject to the conservation easement), as well as identification of user groups and those responsible for any maintenance must be determined before final Planning Board approval. Open space land may be owned by a homeowners' association (HOA), transferred to a nonprofit organization acceptable to the Planning Board, or held in such other form of ownership as the Planning Board finds adequate to properly manage the open space land and to protect its conservation value. If the land is to be owned by a HOA, the HOA must also be established prior to approval of the final subdivision plat and must comply with all applicable provisions of state law. In such case, membership in the HOA must be mandatory for each lot owner, who must be required by recorded covenants and restrictions to pay fees to the HOA for taxes, insurance and maintenance of common open space, private roads and other common facilities. The HOA must be responsible for liability insurance, property taxes, and the maintenance of recreational and other facilities and private roads. The property owners must be required to pay their pro rata share of these costs, and the assessment levied by the HOA must be able to become a lien on the homeowner's property. The HOA must have the ability to adjust assessments to meet changing needs for the operation and maintenance of the open space and any improvements. The Town Attorney must find that the HOA documents satisfy these conditions and such other conditions as the Planning Board determines are necessary in order to provide for maintenance of the open space land.
(5) 
Maintenance. Standards for maintenance of the open space shall be established prior to final subdivision plat approval. Such standards shall be enforceable by the Town against the owner of the open space land to ensure that the open space land is not used for storage or dumping of refuse, junk or other offensive or hazardous materials.