Town of New Lebanon, NY Part 2 Interim Major Subdivision Regulations

[Adopted 8-13-2007 by L.L. No. 8-2007]

Article IX Major Subdivisions in Residentially Zoned Districts

§ 179-25 Purpose and intent.

This Part 2 supplements, amends and, where otherwise inconsistent with, supersedes Chapter 179, Subdivision of Land, and Chapter 205, Zoning Ordinance, of the Code of the Town of New Lebanon in connection with Planning Board review and determinations concerning Major Residential Subdivisions.

§ 179-26 Definitions.

A. Defined terms. Capitalized terms that are not defined herein shall have the meanings given them in Chapter 179 or 205.

B. As used in this Part 2, the following terms shall have the meanings indicated:

CONSERVATION SUBDIVISION

A subdivision of land that incorporates an arrangement of structures, uses and related infrastructure improvements, located in a manner so as to protect or preserve agricultural lands, open spaces, hilltops, ridgelines, steep slopes, environmental resources, and/or scenic views, that differs from the arrangement that would result from adherence to the applicable regulations found in § 205-7 of the Zoning Ordinance.

MAJOR RESIDENTIAL PRELIMINARY PLAT

Drawings and accompanying documents prepared in compliance with Part 2 and § 179-8 of the Subdivision of Land Part 1.

MAJOR RESIDENTIAL SUBDIVISION

A subdivision of land, qualifying as a Major Subdivision, as defined in § 179-2 of Chapter 179, located partially or entirely in a residential district or that otherwise is intended in whole or in part for residential use.

§ 179-27 Calculating number of subdivided lots.

In determining whether a proposed subdivision qualifies as a Major Residential Subdivision, the Planning Board shall count the number of lots created from a single, parent parcel within the previous five years prior to the date an application for subdivision approval has been submitted to the Planning Board, provided that the Planning Board may expand the look-back period to up to 10 years where, as explained in writing by the Planning Board, circumstances of the particular subdivision proposal warrant.

§ 179-28 Major residential preliminary plat.

After approval of the sketch plan as provided for in § 179-7 of Chapter 179, the applicant for a Major Residential Subdivision shall submit a Major Residential Preliminary Plat.

§ 179-29 Contents.

The Major Residential Preliminary Plat shall include the following, in addition to the requirements, and in the same level of detail as required, for Preliminary Plats by § 179-8F:

A. Title of drawing, including name and address of applicant and person responsible for preparation of such drawing;

B. Existing buildings and rights-of-way;

C. Rock outcrops, depth to bedrock, soil characteristics, watercourses, and grading and drainage plan, showing existing and proposed contours;

D. Location, architectural design, type of construction, proposed use and exterior dimensions of all buildings;

E. Location, number, design and type of construction of all parking and truck loading areas, showing access and egress, including those spaces dedicated for handicapped parking;

F. The location of all present and proposed public and private ways, driveways, sidewalks, ramps, curbs, paths, and other pedestrian access;

G. Location of outdoor storage, and location, type and screening details for all waste disposal containers, if any;

H. Location, design and construction materials of all existing or proposed site improvements, including drains, culverts, catch basins, head walls, end walls, hydrants, detention ponds, drainage swales, retaining walls and fences;

I. Description of the method of sewage disposal and location, design and construction materials of related facilities;

J. Description of the method of securing potable water and location, design and construction materials of related facilities;

K. Location of fire and other emergency zones, including the location of fire hydrants, if any;

L. Location, design and construction materials of all energy distribution facilities, including electrical, gas and solar energy;

M. Location, size, height, materials, and design and type of construction of all proposed signs;

N. Location and proposed development of all buffer areas, including existing vegetative cover and buffers designed to protect water bodies;

O. Outdoor lighting plans showing location, height, design, intensity and bulb type of lighting facilities;

P. Location and amount of building area proposed for retail sales or similar commercial activity;

Q. General landscaping plan and planting schedule. The landscape plan should show existing natural features that may influence the design of the proposed use such as rock outcrops, single trees eight or more inches in diameter located within any area where clearing will occur, forest cover and water sources and all proposed changes to these features. Water sources include ponds, lakes, wetlands, watercourses, aquifers, flood plains and drainage retention ponds;

R. An estimated project construction schedule;

S. Identification of any noise-producing elements of the project and an estimate prepared by a qualified professional of the noise levels likely to be generated.

T. Identification of all permits from other governmental bodies required for the project's execution;

U. An Agricultural Data Statement if required; and

V. The Planning Board may consider other elements integral to the proposed development as necessary in the particular case.

§ 179-30 Authorization of Planning Board to review Major Residential Preliminary Plats.

The Planning Board shall review and approve or disapprove Major Residential Preliminary Plats pursuant to and in accordance with the standards set forth in this Part 2 and the procedures set forth in § 179-8G and H.

§ 179-31 Costs.

Costs incurred by the Planning Board for consultation fees or other extraordinary costs in connection with the review of a proposed Major Residential Subdivision shall be recovered pursuant to Chapter 103.

§ 179-32 General review standards and considerations.

The Planning Board's review of the Major Residential Preliminary Plat shall include, as appropriate, but is not limited to, the following general considerations and shall ensure compatibility between the proposal and the Town of New Lebanon Comprehensive Plan and applicable state and county codes and regulations:

A. Location, arrangement, size, design and general site compatibility of buildings, lighting and signs. Structures that are visible from public roads shall be compatible with each other and with traditional structures in the surrounding area in architecture, massing, and placement, and shall harmonize with traditional elements of the area. Architectural design shall be in keeping with the architectural character of the area. Exterior lighting fixtures shall minimize glare and use design features such as, but not limited to, fully shielded fixtures to prevent light from shining onto neighboring properties or public ways and unnecessarily illuminating the night sky. Structures shall be placed to protect important viewsheds. Structures and activities shall be placed or buffered in a manner that protects adjacent agricultural operations.

B. Adequacy and compliance with applicable regulations of vehicular traffic access and circulation, including intersections, road widths, pavement surfaces, dividers and traffic controls, and adequacy of snow storage and ease of snow removal. The Planning Board shall forward these plans to the Highway Department for review.

C. Location, arrangement, appearance and sufficiency of off-street parking and loading. Use of pervious surfaces such as gravel or pavers is encouraged to reduce stormwater runoff.

D. Adequacy and arrangement of pedestrian traffic access and circulation, walkway structures, control of intersections with vehicular traffic and overall pedestrian convenience.

E. Adequacy of stormwater and drainage facilities and compliance with all applicable New York State Department of Enivronmental Conservation Stormwater Regulations.

F. Adequacy of, and compliance with, all regulations applicable to water supply and sewage disposal facilities.

G. Adequacy, type and arrangement of trees, shrubs and other landscaping constituting a visual and/or noise buffer between the applicant's and adjoining lands, including the maximum retention of existing vegetation. To the extent practical, existing trees and other vegetation shall be conserved and integrated into the landscape design. Landscaping shall buffer incompatible uses such as large-scale commercial uses and residences.

H. Adequacy of fire lanes to provide emergency access to structures and the provision of fire hydrants if necessary.

I. Protection of neighboring properties against noise, glare, unsightliness and nuisances.

J. Overall impact on the neighborhood, including compatibility of design.

K. Locations of structures, roadways and infrastructure in relation to steep slopes, hilltops and ridgelines.

L. Impact on wetlands and surface water resources especially related to impacts of erosion and other forms of pollution.

§ 179-33 Specific standards.

A. Lighting.

(1) Where used for security purposes or to illuminate walkways, roadways, and parking lots, only shielded light fixtures shall be used.

(2) At the property line of the subject property, illumination from light fixtures shall not exceed 0.1 footcandles on adjacent residential property, or 0.5 footcandles on adjacent business property, measured in a vertical plane.

(3) Light fixtures used to illuminate flags, statues, or any other objects mounted on a pole, pedestal or platform shall use a narrow cone beam of light that will not extend beyond the illuminated object.

(4) Direct light emissions shall not be visible above the building roofline for other upward directed architectural, landscape, and decorative lighting.

(5) Externally illuminated signs including building identification signs, shall only use shielded light fixtures.

B. Landscaping standards.

(1) Buffers. Landscape buffers shall be provided between all residential and new commercial uses. Buffers may include planted trees and shrubs, hedgerows, berms, or existing forest land. The width of such buffer areas will depend upon the topography, scale of the use and their location on the property but shall normally be between 50 and 200 feet. Landscaping shall be an integral part of the entire project area and shall either buffer the site from or integrate the site with the surrounding area or both.

(2) Existing vegetation. Building placement and lot layout shall be designed to relate to and incorporate existing vegetation. Insofar as practical, existing trees and other vegetation shall be conserved and integrated into the landscape design plan.

(3) Landscape components. Primary landscape treatment shall consist of shrubs, ground cover and shade trees and shall combine with appropriate walks and street surfaces to provide an attractive development pattern. Selected landscape plants should be native to the area to the extent practicable.

(4) Screening. Open storage areas, exposed machinery, and areas used for storing and collecting rubbish shall be screened from roads and surrounding land uses. Suitable types of screening include wood fences and dense evergreen hedges of five feet or more in height. Where evergreen hedges are proposed, a temporary fence shall be built to provide screening until the evergreens are of sufficient height

C. Roads and road access standards.

(1) Access from major streets. Lots in subdivisions should be arranged to minimize driveway access from major streets. Where driveway access from a major street may be necessary for several adjoining lots, the Planning Board may require that such lots be served by a combined access driveway. See also Driveway Permit, Section T, above, for standards related to shared driveways.

(2) Multiple curb cuts shall be consolidated to the maximum extent practicable in order to provide clearly defined entrances and reduce conflicting vehicular movement.

(3) New streets shall be constructed in compliance with the requirements of Road Specifications of the Town of New Lebanon (Chapter 179). New roads should be interconnected except in areas where extreme topographic or wetland conditions preclude connections.

D. Specific standards for Agricultural Districts. The following specific standards shall apply in conjunction with a proposal located within an Agricultural District. The Planning Board's review of the site plan for these locations shall include, as appropriate, but is not limited to, the following general considerations and shall ensure compatibility between the proposal and the Town of New Lebanon Comprehensive Plan:

(1) The Planning Board will assess overall impact on existing agricultural operations within the district.

(2) The landscape plan will show a landscaped buffer a minimum of 50 feet or more where practicable. This buffer shall be provided by the proposed residential use.

§ 179-34 Conservation Subdivisions.

A. Where the Planning Board determines it to be appropriate, it may request that the applicant propose a Conservation Subdivision, arranged so as to protect important resources, such as but not limited to, undeveloped open space, agricultural land, hilltops, ridgelines, water bodies, natural resources and/or scenic views, and may authorize the applicant to plan for the location of improvements and structures which locations would not, in the absence of Preliminary Plat approval authorizing a Conservation Subdivision, comply with the area regulations of § 205-7 of the Zoning Ordinance.

B. An applicant proposing a Conservation Subdivision shall include the following with its Major Residential Preliminary Plat:

(1) A drawing showing the maximum number of lots that could be created from the land to be subdivided under the applicable Area Regulations.

(2) Proposed forms of agreement to be used by lot owners to govern the use and maintenance of shared or common infrastructures such as driveways, septic systems and wells.

(3) Proposed forms of agreement to be used to protect from development the open space, hilltops, or other resource being protected by the Conservation Subdivision.

C. The Planning Board shall evaluate proposed Conservation Subdivisions to determine whether the proposed layout:

(1) Protects all floodplains, wetlands, and steep slopes from clearing, grading, filling or construction.

(2) Preserves and maintains mature woodlands, existing fields, pastures, meadows, and orchards, and creates sufficient buffer areas to minimize conflicts between residential and agricultural uses.

(3) Sites dwellings on the least prime agricultural soils, or in locations at the edge of a field, as seen from existing roads if development is on open fields.

(4) Leaves scenic views and vistas unblocked or uninterrupted, particularly as seen from public thoroughfares.

(5) Maintains or creates a buffer of natural native species vegetation of at least 100 feet in depth adjacent to wetlands and surface waters, including creeks, streams, springs and ponds.

(6) Preserves hedgerows and treelines between fields or meadows and minimizes impacts to large woodlands.

(7) Preserves sites of historic, archeological or cultural value insofar as needed to safeguard the character of the feature.

(8) Provides open space that is reasonably contiguous.

(9) Protects wildlife habitat areas of species listed as endangered, threatened, or of special concern by the New York State Department of Environmental Conservation.

D. The maximum number of residential building lots to be located on the land to be subdivided shall be equal to the maximum that would be permitted under the applicable regulations in § 205-7 of the Zoning Ordinance, after accounting for all restrictions and limitations created by other applicable laws and regulations, such as, for example, those regarding wetland protections and septic requirements. The Planning Board may, where it deems it appropriate and necessary because of special conditions, authorize additional building lots not to exceed 10% of the foregoing number.

§ 179-35 Public hearing, referral and Planning Board decision.

A. The procedures for public hearing and disposition by the Planning Board regarding a Major Residential Preliminary Plat shall be as provided for in § 179-8G and H of Chapter 179.

B. Approval. Upon approval of the Major Residential Preliminary Plat, and payment by the applicant of all fees and reimbursable costs due the Town and not yet paid, the Planning Board shall endorse its approval on a copy of the Major Residential Preliminary Plat and shall file it and a written statement of approval within five business days with the Town Clerk. A copy of the written statement of approval shall be mailed to the applicant by certified mail, return receipt requested.

(1) The Planning Board shall approve the Major Residential Preliminary Plat, provided that it finds the facts submitted by the applicant establish that:

(a) The location, nature and intensity of the use involved shall be such that it will be in harmony with the orderly development of the Town as proposed in the Comprehensive Plan, and the location and nature of buildings, walls and fences will not discourage the appropriate development and use of adjacent land and buildings.

(b) Existing streets are suitable and adequate to carry anticipated traffic generated by the proposed use and in the vicinity of the proposed use.

(c) The proposed use will not be detrimental to personal safety within the area, the natural characteristics of the site or area, and present surrounding uses.

(d) The general standards under § 179-32 of this interim Part 2.

(2) Approval with modifications. The Planning Board may conditionally approve the Major Residential Preliminary Plat. The Planning Board shall have the authority to impose such reasonable conditions and restrictions as are directly related to and incidental to meeting the objectives and standards set forth in §§ 179-32, 179-33 and 179-34 of this Part 2. Upon its approval of a final plat pursuant to § 179-11 that is based on an approved Major Residential Preliminary Plat, any such conditions must be met in connection with the issuance of permits by applicable enforcement agents or officers of the Town.

(3) Disapproval. Upon disapproval of the Major Residential Preliminary Plat the decision of the Planning Board shall immediately be filed with the Town Clerk and a copy thereof mailed to the applicant by certified mail, return receipt requested, along with the Planning Board's reasons for disapproval.