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:
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"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.
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"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.
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"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.
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"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.
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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:
(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.
[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:
Akeson Road
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Berme Church Extension
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Route 42, Glen Spey
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High Road, Glen Spey
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Proctor Road
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Berme Church Extension
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Route 97
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Route 31, Glen Spey
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Proctor Road, Glen Spey
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Route 42, Glen Spey
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(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.
This illustration shows how landscaping can reduce the
visual impact
of a structure while retaining the views seen from within.
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(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.
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(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.
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(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.
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(10)
Required minimum frontage. No lot shall be created with less
than 300 feet of frontage along the Delaware River.
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(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.
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(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]
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.
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.
(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.
(18)
Existing nonconforming concrete piers that extend beyond the
shoreline may be resurfaced with wood or masonry if:
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]
(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.
