The general requirements relating to the arrangement of buildings, structures and uses occupying a lot for the zoning districts established by Article II are hereby established.
The accompanying table entitled "Table of Bulk Requirements," which shall be a part of this chapter, is referred to herein as the "Bulk Table" and sets forth the minimum bulk requirements of this chapter.[1]
A. 
The Bulk Table is divided into columns, each column headed by a number for reference. The Bulk Table is divided by single horizontal lines into groups, each group being identified by a letter corresponding to the letter symbol appearing in the Use Table adjacent to each use or combination of uses. Each of the uses within each group is regulated by the bulk regulations for the indicated use group.
B. 
Other articles herein contain supplemental requirements applying to bulk, setback and coverage of specified uses.
[1]
Editor's Note: The Table of Bulk Requirements is included at the end of this chapter.
A. 
As part of any minimum lot area requirement of this chapter for residential purposes, not more than 50% of any land under water or within a stream, defined as that area located between the top of its streambanks or where no streambank exists, the area which conveys water under normal conditions, within easements or rights-of-way for overhead utilities, with slopes (unexcavated) of over 25%, within a designated street line or within any freshwater wetland shall be counted. The application of this section to any particular lot shall be the responsibility of the Town Planning Board at the time of subdivision or site development plan approval.
[Amended 3-9-1993 by L.L. No. 3-1993; 5-9-2000 by L.L. No. 2-2000; 7-11-2000 by L.L. No. 3-2000; 11-14-2000 by L.L. No. 6-2000]
B. 
Required street frontage and lot width for lots fronting on culs-de-sac or on streets with a radius of curvature at the center line of 100 feet or less or in other appropriate circumstances may be reduced by the Planning Board at the time of subdivision plat approval to 1/2 of the required dimensions but in no case less than 50 feet. No portion of the lot along the access route from its frontage into the lot shall be narrower than the approved frontage.
[Amended 5-8-1990]
C. 
In RRBR, O, LI-2 and LI Districts, no side setback, no side yard, no rear setback or no rear yard shall be required where such setback abuts an overhead utility transmission line right-of-way, railroad or a limited-access highway. In such cases, the total width of both side setbacks shall be 75 feet in an RRBR, O, LI-2 and LI District.
[Amended 12-23-1985; 10-11-2022 by L.L. No. 4-2022]
A. 
The Town Board hereby authorizes the Planning Board, simultaneously with the approval of a subdivision plat in accordance with § 278 of the Town Law and the provisions of the average density zoning heretofore and hereafter adopted by the Town Board, to modify the applicable bulk and area provisions of this chapter. The Planning Board may require the submission of an application for cluster development and approve cluster development without further authorization of the Town Board. This procedure may be followed by the Planning Board upon written application by the owner or subdivider or at the initiation of the Planning Board. The procedure may be used to modify the minimum lot area requirements; lot width; front, side and rear yards and setbacks; and street frontage. This procedure may not be used to modify the requirements for building height. The lot size may not be reduced below the area required for adequate septic sewage disposal where such systems are to be provided.
[Amended 3-9-1993 by L.L. No. 3-1993; 2-10-1998 by L.L. No. 2-1998; 5-9-2000 by L.L. No. 2-2000; 7-11-2000 by L.L. No. 3-2000; 11-14-2000 by L.L. No. 6-2000; 10-8-2013 by L.L. No. 2-2013]
B. 
In the event that the application of this procedure results in a plat showing lands available for park, recreation, open space or other municipal purposes, then the Planning Board, as condition of final plat approval, may establish such conditions as to the ownership, use and maintenance of such lands as it deems necessary to assure the preservation of such lands for their intended purposes. All conditions shall be approved by the Town Board prior to final plat approval by the Planning Board.
C. 
Open space land created as part of the application of average density to a subdivision plat and which is not required or permitted to be accepted for dedication to the Town of Stony Point shall be in a form of common ownership, which form and content shall be subject to the approval of the Town Board and which shall meet at least one of the following conditions:
(1) 
That each owner or owners of every subdivision lot shall be an owner in common with the other owners of the subdivision of the land intended to be held as open space.
(2) 
That each subdivided lot shall carry with it a covenant underwriting the payment of taxes on the open space land, which covenant shall bind the owner thereof and every successive owner thereof.
(3) 
A homeowners' or cooperative association or corporation may be formed to hold ownership of the open space, provided that each and every subdivided lot owner shall remain liable for the taxes, operation and maintenance of the open space land.
(4) 
That such other mechanism or form, as shall be approved by the Town Board, shall be established which shall satisfy the requirements of the payment of taxes and the operation and maintenance of the property so created.
[Added 3-9-1993 by L.L. No. 3-1993; amended 4-9-1996 by L.L. No. 8-1996; 2-10-1998 by L.L. No. 2-1998; 10-8-2013 by L.L. No. 2-2013]
A. 
For any lot or any portion of a lot, those areas characterized by slopes in excess of 25% shall not be developed, regraded or stripped of vegetation, except that up to 2,500 square feet of slopes greater than 25% may be disturbed except for construction of a principal structure on any lot created before April 9, 1996. The Planning Board may, in its discretion, permit the development of roads through areas where the slope exceeds 25% in order to provide access to areas of a site which would otherwise be inaccessible.
B. 
Where the construction of a principal structure or an addition to a principal structure in excess of 500 square feet is proposed on a lot located in the SR-R or RR Zoning Districts and located within the Viewshed Protection Overlay District, the following design standards and restrictions shall apply in order to preserve environmentally sensitive ridgelines and hilltops and reduce overall visual impacts of a project:
(1) 
To the greatest extent practicable every attempt should be made to limit the amount of cutting and removal of trees so as to maintain natural site vegetation. The Planning Board may require supplementary plantings where, in the Board's opinion, the proposed structure may have a negative visual impact on surrounding properties or the protected viewsheds.
(2) 
In order to blend the structure into the natural environment and mitigate visual impacts, a structure should be located within an area of lower relative topography on the site within the permitted building envelope and shall be a natural color.
(3) 
Where practicable, roofs should stay at or below the natural tree line on the property and roofs shall also be of natural color.
(4) 
For any proposed structure, excluding those which propose to be less than 26 feet in height, the Planning Board may require a visual impact assessment to be completed by the applicant which may include sketches or other postconstruction images of the site.
(5) 
Retaining walls shall not be more than five feet in height. Where necessary, additional five-foot sections may be provided, separated by terraces of at least six feet. The Planning Board may modify this requirement where, in its judgment, an alternative is preferable.[1]
[1]
Editor's Note: Former § 39-45, regarding density adjustment, added 3-9-1993 by L.L. No. 3-1993 and amended 2-10-1998 by L.L. No. 2-1998, which immediately followed this section, was deleted 6-8-1999 by L.L. No. 7-1999.
[Added 4-21-1997 by L.L. No. 5-1997]
Parcels in the R-1 and BU Districts that had been conforming as to bulk prior to any amendment of this chapter shall be considered to continue to be conforming as to bulk within the zoning district change effected by such amendment.
[Added 4-14-1998 by L.L. No. 5-1998; amended 6-21-1999 by L.L. No. 8-1999]
A. 
Consistent with the Comprehensive Plan of the Town of Stony Point, no new MHC zoning districts shall be created beyond those in existence on April 14, 1998. Expansion of an MHC zoning district may be permitted subject to the following requirements:
[Amended 12-8-2015 by L.L. No. 1-2016]
(1) 
The expansion shall require a Zoning Map amendment by the Town Board subject to the requirements of § 215-130 and all other applicable laws.
(2) 
In 1998 the Comprehensive Plan established that the number of units in mobile home parks is reasonable as a proportion of the total number of housing units in the Town. Based on this finding, the acreage of land in MHC Districts shall be limited to no more than one acre per 75 units of housing other than manufactured housing.
(3) 
Expansions shall not be permitted to extend across public roads, county streams or railroad rights-of-way.
(4) 
In determining whether or not to expand the MHC District, the Town Board shall make a finding that the expansion is consistent with the character of the neighborhood and will not result in adverse impact to community character.
B. 
The dimensional and lot area requirements shall apply as follows:
(1) 
To replace a manufactured unit with a new unit meeting all requirements of the MHC District, except lot area, lot width, street frontage and established setback in front and rear, only a building permit is necessary.
(2) 
For new (not replacement) units, all requirements of the MHC District shall apply, and Planning Board approval of the site plan is necessary.
(3) 
In all other cases, variances from the Zoning Board of Appeals is necessary.
C. 
Preexisting manufactured housing communities shall, within 180 days of adoption, file a plat plan with the Building Inspector showing existing sites and facilities, if a plat plan is not already in the files of the Building Inspector.
D. 
Any future expansion beyond that in existence at the time of adoption of these provisions shall meet the requirements of the MHC District.
E. 
Open recreation space of 100 square feet per new unit must be provided, and may be grouped in one or more locations. Alternatively, the Planning Board may require the payment of $2,000 for each new unit, in accordance with the provisions of Town Law authorizing site plan review.[1]
[1]
Editor's Note: See § 274-a of the Town Law.
F. 
Where substantial changes are needed to meet the requirements of the MHC District, the Planning Board may, as part of site plan review, require some modification of the site to meet part of these requirements.
G. 
All new and replacement units must have concrete pads built to specifications approved by the Building Inspector and must be skirted.
H. 
For purposes of establishing minimum lot area and other requirements where new units are proposed, pre-existing detached residential buildings within the MHC District shall be deemed to require the same lot area (not delineated) and bulk provisions as apply to detached residential buildings in the adjacent residential zoning district.
I. 
Where new units are proposed, the Planning Board as part of site plan approval may require confirmation that the sewage disposal system operates satisfactorily, and that any increase in water demand will not adversely affect on-site wells or those on adjoining properties, all to the satisfaction of the Town Engineer.
J. 
In the MHC District all references to lots shall be deemed to refer to manufactured housing sites and all references to a street shall be deemed to refer to street and/or internal drives within the manufactured housing community.