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.
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.
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.
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.
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.
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.
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.