A.
General provisions.
(1)
The Town of LaGrange declares that the protection
of its stream corridors, groundwater resources, historic resources,
scenic areas, important farmlands, hilltops, and ridgelines is an
important public purpose and that, to the extent practicable, future
development of the Town should minimize intrusive alteration of or
construction in these areas.
(2)
In furtherance of this objective, the Town hereby
creates the overlay zones herein which regulate the use of these areas
of public importance. The restrictions applicable in these zones are
supplementary to, and do not replace, the underlying use and bulk
regulations in each zoning district. If there is any conflict between
the requirements of the overlay zone and the zoning district, the
more restrictive requirement shall apply.
(3)
In considering any special permit, site plan or subdivision
plan, the Planning Board shall, to the maximum extent practicable,
maintain the areas delineated in all overlay zones except the Groundwater
Protection Overlay Zone as perpetual open space, directing allowable
development into those areas not mapped as overlay zones. In the case
of the Ridgeline Protection Overlay Zone, applicants are encouraged
to site projects off of the viewable areas on ridgetops and hilltops,
out of sight lines from the valleys, and below the tree canopy.
[Amended 5-23-2018 by L.L. No. 6-2018]
(4)
The Town Board may adopt and revise from time to time,
as a supplement to the Zoning Map, an overlay zone map or maps delineating
the zones established herein. One or more of the overlay zones herein
may also be placed on the Zoning Map itself. The provisions of this
section shall take effect only if, as and when each overlay zone created
herein has been referred to a specific map.
(5)
In the event of uncertainty as to the exact boundaries
of any overlay zone, the Zoning Board of Appeals shall interpret this
chapter by designating the exact boundary pursuant to the criteria
established below for creating each overlay zone.
B.
Stream Corridor Overlay Zone.
(1)
Purpose. The protection of stream corridors is essential
to the maintenance of water quality. It is, therefore, necessary to
create a buffer zone to protect these stream corridors from development
encroachment, erosion, and water pollution from surface or subsurface
runoff.
(2)
Boundaries. The Stream Corridor Overlay Zone shall
consist of all lands lying within 200 feet on either side of the center
line of Wappinger Creek, Jackson Creek, Sprout Creek, and such other
stream and tributaries as may be designated by the Town Board. Where
these creeks are split into two or more channels by islands, the district
shall include such islands, and zone boundaries shall be measured
from the center lines of the outer channels.
(3)
Restrictions. The Stream Corridor Overlay Zone strictly
limits activities within the delineated corridors. Within this zone,
no construction, filling, excavation, clearing of mature trees, grading
or other alteration of the natural landscape shall be permitted except
by special permit. No application of fertilizers, pesticides, or herbicides
or dumping or disposal of any materials shall be permitted except
by special permit.
(4)
C.
Farmland Preservation Overlay Zone.
(1)
Purpose. It is in the interest of the Town to protect
the best agricultural lands from development in order to maintain
their availability for productive use. The Town therefore seeks to
channel development away from such farmland and to permit sufficient
flexibility in its zoning to maintain agriculture as a viable industry
in the Town.
(2)
Boundaries. The Farmland Preservation Overlay Zone
shall consist of those farmlands designated as Class I or Class II
by the Soil Conservation Service of the United States Department of
Agriculture which have been determined by the Town Board to be of
special significance to the Town and have been specifically identified
on a map adopted by the Town Board.
(3)
Procedure.
(a)
Any site plan or subdivision plan that includes
the subdivision or development of mapped farmlands shall, to the maximum
extent practicable, designate such farmlands as perpetual open space.
(b)
The Planning Board shall require an applicant for subdivision to cluster lots, insofar as practical, on those portions of a tract of land lying outside this overlay zone. An applicant who is able to place 80% or more of such farmland lying on his tract in perpetual open space, dedicated to agricultural use, shall be entitled to a density bonus of 40% above the number of residential units that would be permitted using a standard plan as defined in § 240-32A(34)(a). In order to achieve this density bonus, an applicant may be permitted to construct multifamily housing, provided that he complies with all provisions of § 240-51 and that adequate buffer between residential and agricultural uses is provided to minimize conflicts between agricultural and residential uses.
(c)
In considering any site plan application, the
Planning Board shall require that structures and impermeable surfaces
be located, insofar as practical, on those portions of a tract of
land lying outside this overlay zone.
[Amended 5-23-2018 by L.L. No. 6-2018]
(4)
Special use permit for auxiliary uses. Notwithstanding
any other provision of this chapter, the owner of a bona fide commercial
farming operation may request a special use permit to allow uses not
permitted in the underlying Zoning use district if such uses would
contribute to the economic viability of the farming operation without
detracting from the rural character of the surrounding area. Such
uses would include, without limitation, construction, reconstruction
and reuse of farm buildings for agriculturally related light industry,
farm labor housing and roadside stands for sale of products that include
locally grown or processed products.
D.
Historic Overlay Zone.
(1)
Purpose. The Town wishes to preserve its historic
sites, lands, places, areas, structures, buildings, features and landmarks
by channeling intensive new development away from those historic areas
and onto lands that do not have historic significance. Where development
occurs in these sensitive areas, the Town wishes to assure that such
development is consistent with maintaining the existing character
of such areas.
(2)
Boundaries. In furtherance of this purpose, the Town
has conducted a historic resource survey that specifically identifies
historic resources worthy of preservation. At such time as the Town
Board approves a map identifying historic resources based on this
survey, those locations identified on that map shall be protected
by the provisions of this section. The specific area to be protected
shall include all lands within 500 feet of any identified historic
resource which are visible from that resource. Visibility shall be
determined when there are no leaves on the trees.
(3)
No structure or building shall be constructed, altered,
repaired, moved or demolished in a Historic Overlay Zone unless a
certificate of approval is issued pursuant to the requirements of
this section.
(4)
Duties and powers of the Planning Board.
(a)
In addition to any and all other powers possessed
by the Planning Board, the Planning Board shall have the following
powers and duties:
[1]
To recommend to the Town Board the addition of any historic resource to the map described in Subsection D(2), above.
[2]
To review and determine applications for a certificate
of approval.
[3]
To require all structures and buildings proposed
to be built on property that includes land within a Historic Overlay
Zone to be sited and clustered in such a way as to avoid occupying
lands in the Historic Overlay Zone.
[4]
To require, as a condition of approval, the
execution of a perpetual historic conservation easement to assure
the maintenance of the historic character of the site.
(b)
The certificate of approval required by this
section shall be in addition to, and not in lieu of, any building
or other permit or approval that may be required by any ordinance,
local law, code, rule or regulation of the Town of LaGrange.
(c)
In reviewing the plans, the Planning Board shall
give consideration to the following criteria:
[1]
The compatibility of the proposed construction,
repair, alteration, movement or demolition with the historical significance
of the neighboring properties and the Historic Overlay Zone as a whole.
In applying the principle of compatibility, the Planning Board shall
consider the following factors:
[a]
The general design, character and
appropriateness of the proposed construction, repair, alteration,
movement or demolition.
[b]
The scale of the proposed construction,
repair, alteration, movement or demolition in relation to the property
itself and neighboring properties.
[c]
The texture, materials and color
of the proposed construction, repair, or alteration and its relation
to similar features of other properties in the neighborhood.
[2]
The visual compatibility of the proposed construction,
repair, alteration, movement or demolition with the Historic Overlay
Zone's existing buildings, structures, special character and general
appearance in regard to style, material, scale, location, proposition,
composition, mass, line, detail, setback, landscaping and related
items.
[3]
Any other factors relating to historical or
aesthetic considerations which are deemed pertinent to the benefit
of the Historic Overlay Zone.
(5)
Procedure.
(a)
Application for a certificate of approval shall
be made to the Planning Board in such form and providing such information
as may be required by the Planning Board.
(b)
An application for a certificate of approval
which is not part of a site plan shall be made to the Planning Board,
which shall approve, approve with modifications or deny the application
within 62 days of the receipt of the completed application.
(c)
If an application for a certificate of approval
is part of a site plan, the application shall be made to the Planning
Board simultaneously with the site plan application. The application
shall be reviewed by the Planning Board simultaneously with the Board's
review of the site plan. When the application for a certificate of
approval is part of a site plan, the Planning Board shall approve,
approve with modifications or deny the application at the same time
it is required to render a decision on the site plan application pursuant
to New York State Town Law and the Town Code of the Town of LaGrange.
(d)
No building permit shall be issued for such
proposed work covered by this section until a certificate of approval
to perform the proposed construction, alteration, movement or demolition
has been issued by the Planning Board.
(e)
Any person aggrieved by a decision of the Planning
Board under this section shall have the right to appeal the decision
of the Planning Board within 30 days after the decision of the Planning
Board is filed in the office of the Town Clerk.
(6)
Nothing in this section shall be construed to prevent
the ordinary maintenance and repair of any exterior architectural
feature of property within a Historic Overlay Zone which does not
involve a change in design, material or outward appearance.
(7)
Application fees. A nonrefundable filing and administration
fee shall accompany all applications for a certificate of approval
as specified in the fee schedule adopted by the Town Board of the
Town of LaGrange, which is on file with the Town Clerk's office.
E.
Scenic Overlay Zone.
(1)
Purpose. The Town wishes to preserve the views from
its roadways and public recreation areas by channeling intensive new
development away from those areas and onto lands that do not have
scenic significance. Where development occurs in these sensitive areas,
the Town wishes to assure that such development is consistent with
maintaining the existing character of such scenic areas.
(2)
Boundaries. At such time as the Town Board approves
a map identifying scenic resources, those locations identified on
that map shall be protected by the provisions of this section. The
specific area to be protected shall include all lands visible within
1,200 feet of public viewing areas specifically identified on the
map. Visibility shall be determined when there are no leaves on the
trees.
(3)
Procedure.
(a)
No new structures, including single-family homes,
or major exterior modifications of existing structures may be constructed
within a Scenic Overlay Zone without first obtaining site plan approval
from the Planning Board.
(b)
To the extent practicable, all structures to
be built on a tract of land that includes land within a Scenic Overlay
Zone shall be sited and clustered on their tracts in such a way as
to avoid occupying or obstructing views of lands in the overlay zone.
Any structures to be built within the Scenic Overlay Zone shall be
reviewed for architectural compatibility with the existing landscape
and surrounding architectural styles, and the Planning Board must
find that such structures will not detract from the scenic character
of the area. The Planning Board may require, as a condition of approval,
the execution of a perpetual scenic conservation easement to assure
the protection of the viewshed.
F.
Ridgeline Protection Overlay Zone.
(1)
Purpose. It is the purpose of this overlay zone to
protect the aesthetic, scenic, and ecological character and nature
of the higher-elevation areas. Ridgelines and hilltops are exceptional
aesthetic and ecological resources, and ensuring that tree lines are
uninterrupted and ridgetops are free from visually instrusive man-made
structures will prevent the degradation of the rural character and
scenic beauty of the Town. This overlay zone provides standards for
regulating the numbers, height, design, placement, and impacts of
any structures on hilltops and ridgelines in order to minimize structural
intrusions upon the visual landscape, to preserve ecological integrity,
and to maintain the rural, rustic character of the Town.
(2)
Boundaries. The Ridgeline Protection Overlay Zone
shall consist of all lands labeled as "Ridgeline Protection Zones"
on the Ridgeline Protection Overlay Zone Map, which is included as
part of this section.[1] The method used to determine the boundaries of the Ridgeline
Protection Overlay Zone, as shown on the map, is as follows: Any hill
with a USGS elevation of 500 feet or higher at the highest point is
classified as within a Ridgeline Protection Overlay Zone, the boundary
of which zone is 200 feet in elevation below the highest point of
the hill.
[1]
Editor's Note: The Ridgeline Protection Overlay Zone Map is
included in the online version of the Code (eCode 360®). Hard
copies of said map may be obtained from the Town Clerk's office.
(3)
General provisions.
(a)
With the exception of construction of a single-family
home and structures accessory thereto on a lot separately and lawfully
existing as of the effective date of Town of LaGrange Local Law No.
1 of 1998, any proposed new construction or development within a Ridgeline
Protection Overlay Zone, including but not limited to projects involving
subdivision of land for purposes of residential development, shall
require a special permit from the Planning Board, and such new construction
or development shall constitute a Type I action pursuant to the State
Environmental Quality Review Act.[2] The application process for development within this area is outlined in § 240-31F(5), Application procedures for ridgeline development special permits, which supplements the procedures and requirements of § 240-71, Standards for special permits, and § 240-72, Site development plans.
[Amended 5-23-2018 by L.L. No. 6-2018]
[2]
Editor's Note: See Environmental Conservation
Law § 8-0101 et seq.
(4)
Standards. In preparing its decision concerning any special permit application, the Planning Board shall consider the standards detailed in Article VII, §§ 240-72E and 240-71H, as well as the following:
(a)
Lot siting. All structures, access roads, buffers,
setbacks, fences, and all other facility appurtenances shall be located
on one lot and shall not straddle a boundary line.
(b)
Height. The total height of proposed buildings, structures and/or accessory elements of buildings and structures shall not extend more than 35 feet above ground level. The total height of any building, structure or accessory element shall be measured as defined generally within § 240-26O and P of this chapter.
(c)
Lighting. The location, height, design, arrangement
and intensity of outside lighting shall minimize glare and shall be
directed and shaded such that light shall not be directed off the
site. Residential and nonresidential structures may be lit to the
minimum extent required to provide safe ingress and egress to the
structure, and the applicant shall demonstrate compliance with the
governing regulations.
(d)
Clearing. The maximum area permitted to be cleared
shall be no more than 50 feet in extent from the outer edge of the
primary structure's footprint. During construction and installation
of facilities and structures, only the minimum amount of existing
vegetation shall be cleared.
(e)
Buffer strip. A buffer strip is required to
minimize, to the maximum extent possible, any visual impacts of the
proposed freestanding facilities.
[1]
The buffer shall be a minimum of 25 feet wide
and shall begin at the outer edge of the cleared area. The buffer
strip shall contain, or be planted with, vegetation of sufficient
height and density as determined by the Planning Board.
[2]
The buffer strip shall be free of any man-made
structures, including but not limited to fences, facilities, and roads.
(f)
Setbacks. The proposed yard setbacks from the
property line must be no less than 1.5 times the height of the proposed
structure or the setback requirements in the existing zoning regulations,
whichever are greater.
(g)
In cases where a special permit is sought in furtherance of a clustered open space subdivision of land for residential purposes, under § 240-32 of this chapter, the Planning Board shall have the authority to modify the standards set forth above in Subsection F(4)(d), (e) and (f) of this section. The Planning Board shall consider the following criteria in determining whether to, and the extent to which it will, modify those standards:
[1]
The extent to which the proposed clustered improvements
are to be located outside the Ridgeline Protection Overlay Zone.
[2]
The extent to which the proposed area of open
space exceeds the minimum open space requirements of § 240-32A(7)(e)[5].
[3]
The extent to which proposed areas of open space
are situated within the Ridgeline Protection Overlay Zone.
[4]
The extent to which improvements clustered on
Ridgeline Protection Overlay Zone portions of the project, or related
physical disturbances of the land, are visible from, or shielded from,
external viewing points and/or the extent to which existing tree lines
remain uninterrupted on portions of the project within the Ridgeline
Protection Overlay Zone.
(h)
For noncluster conventional single-family residential development within a Ridgeline Protection Overlay Zone, the Planning Board shall have the discretion to modify the maximum clearing distance set forth in Subsection F(4)(d) of this section to the minimum extent necessary to accommodate an individual in-ground septic system.
(5)
Application procedures for ridgeline development special permits. When applying for a special permit for ridgeline development, the applicant shall follow all procedures and shall submit all forms, plans, documentation, and fees required by Article VII, § 240-71D, Application and referral; § 240-71G, Required plan; and § 240-72C, Application procedures. In addition, applicants shall meet with a representative of the Zoning Department prior to submitting a formal application for a proposed development within the Ridgeline Protection Overlay Zone. The purpose of the preapplication meeting is for the applicant to disclose to the representative of the Zoning Department the specific location and nature of the proposed development.
[Amended 7-22-2009 by L.L. No. 2-2009]
(6)
Submittal requirements. An application for development
in an area designated as a Ridgeline Protection Overlay Zone shall
be complete and in a form acceptable to the Planning Board and shall
contain the following:
(a)
A SEQRA full environmental assessment form (Parts
I, II, III).
(b)
For residential subdivisions, a full buildout
plan of the site, including building envelopes, lot lines, clearing
limits, and accessory structures.
(c)
A visual analysis, the methodology of which
is to be approved by the Planning Board prior to the commencement
of this analysis.
(d)
Identification of and remediation plans for
proposed landscaping and buffer screening areas.
(e)
Additional information as requested by the Planning
Board and/or the Town Zoning Administrator.
(7)
Duration of special use permits. For residential structures,
the special permit will not require renewal. For nonresidential structures,
the special permit will expire after two years from date of issue.
If construction does not begin with within one year of the date of
issue of the special permit, the permit shall expire.
(8)
Alterations. All modifications to a structure shall
require that the applicant submit a new special use permit application
to the Planning Board. The following exceptions do not require a new
special use permit but shall require a building permit:
(9)
Renewal of special use permits.
(a)
Renewal must not be unreasonably withheld if
the applicant is in conformance with the original approval and all
conditions attached thereto.
(b)
No less than 60 days prior to the expiration
of a special use permit, the holder of the special use permit must
submit to the Zoning Administrator a renewal application for a special
use permit. If the holder fails to submit the application within the
sixty-day period, and has not arranged with the Zoning Administrator
for an extension of the sixty-day period the special use permit will
expire. The renewal application shall contain the following:
(c)
Within 45 days of the submission of a completed
application and a determination by the Zoning Administrator that the
application is technically sufficient, the Zoning Administrator shall
act to renew or revoke the special use permit. A copy of the Administrator's
decision shall be filed in the offices of the Town Clerk, Zoning Administrator
and mailed to the applicant.
G.
Groundwater Protection Overlay Zone.
(1)
Purpose. The Groundwater Protection Overlay Zone is
intended to protect the public health, safety, and general welfare
by preserving and maintaining the quality and quantity of the Town's
major groundwater resources in order to ensure an adequate and safe
potable water supply for present and future residents, employees,
and the general public. One of the primary groundwater quality threats
in residential areas comes from wastewater releases from septic systems,
which can degrade groundwater and well water quality if placed at
densities that do not allow sufficient ground area for wastewater
dilution. The designation of a Groundwater Protection Overlay Zone
and the establishment of density standards based on the underlying
aquifer characteristics will further the preservation of groundwater
resources quality for public or private water supply.
(2)
Boundaries.
(a)
The Groundwater Protection Overlay Zone consists
of all designated areas as shown on the Groundwater Protection Overlay
Zone Map, which is included by reference as part of this section and
which is on file at the Town Hall.[3] There are distinct, delineated areas included within the
District which are defined based on the characteristics of the surficial
geology underlying the Town according to data presented in the 1989
Surficial Geology Map Sheet prepared by the New York State Geological
Survey and New York State Museum, the existence of public water and
sewer in the area, and the underlying zoning of the area. As public
water and sewer districts are enlarged or established within the Town,
the boundaries of said map may be changed.
[3]
Editor's Note: The Groundwater Protection Overlay Zone Map
is included in the online version of the Code (eCode 360®). Hard
copies of said map may be obtained from the Town Clerk's office.
(b)
In the event that the boundaries of this Groundwater
Protection Overlay Zone are in doubt or in dispute, the burden of
proof shall be upon the owner(s) of the land in question to show where
the boundaries should properly be located. The Town may engage a qualified
hydrogeologist, soil scientist, or registered professional engineer
to review analysis performed by an owner's agent to determine the
location of the Groundwater Protection Overlay Zone boundary, and
the Town shall charge the owner(s) for the cost of such review. The
Zoning Board shall determine any and all disputes regarding the location
of the Groundwater Protection Overlay Zone boundaries.
(3)
Applicability. The provisions of § 240-31G shall apply to all new development and uses within the Groundwater Protection Overlay Zone as identified on the Groundwater Protection Overlay Zone Map;[4] however, only the general provisions in Subsection G(4) below shall apply to new development and uses in those areas that are served by both public water and sewer. The term "served by both public water and sewer" shall mean the owner has received all required regulatory approvals to establish public water and sewer districts, and/or has agreed to connect to the existing public water and sewer districts, and the Town or respective water and/or sewer district has agreed to provide sufficient system capacity in order to serve the proposed development. Lawful development and uses located within the Groundwater Protection Overlay Zone existing as of the effective date of the local law adding this Subsection G to this chapter are not subject to this subsection and shall be considered lawfully nonconforming. Alteration of lawfully nonconforming uses and buildings shall be subject to the requirements of § 240-29, Nonconformity.
[4]
Editor's Note: The Groundwater Protection Overlay Zone Map
is included in the online version of the Code (eCode 360®). Hard
copies of said map may be obtained from the Town Clerk's office.
(4)
General provisions. The following conditions shall
apply to all land in the Groundwater Protection Overlay Zone:
(a)
The installation of any underground fuel tank
or tanks whose combined capacity is less than 1,100 gallons is prohibited.
(The installation of underground fuel tanks with a combined capacity
of 1,100 gallons or more requires a permit from the New York State
Department of Environmental Conservation.)
(b)
Farm animal wastes shall not be concentrated
and stored in one area except where provisions have been made to prevent
seepage of said animal wastes into groundwater. Suitable storage facilities,
such as those having a concrete liner or other impervious lining material,
are required when it is not possible to spread or dispense of wastes
on a daily basis. Animal waste storage facilities shall be located
as far from water wells as is practical.
(c)
All bulk storage of artificial fertilizers for
agricultural or commercial use must be within a completely enclosed
building or structure that will prevent any seepage and runoff. Fertilizer
storage facilities shall be located as far from water wells as is
practical.
(d)
New septic systems within the Groundwater Protection
Overlay Zone shall be located a minimum of 400 feet from any public
water system wellhead.
(5)
Residential density regulations. The following standards
apply to all land in the Groundwater Protection Overlay Zone where
use of wells and/or septic systems is proposed:
(a)
In areas mapped on the Groundwater Protection
Overlay Zone Map[5] as sand and gravels (outwash or kame) with higher rates
of aquifer recharge (18 inches of aquifer recharge annually), the
maximum residential density shall be one unit per 40,000 square feet.
[5]
Editor's Note: The Groundwater Protection Overlay Zone Map
is included in the online version of the Code (eCode 360®). Hard
copies of said map may be obtained from the Town Clerk's office.
(b)
In all other aquifer areas on the Groundwater
Protection Overlay Zone Map, the maximum residential density shall
be one unit per 120,000 square feet.
(c)
With the exception of the maximum density established in Subsection G(5)(a) and (b), and the general provisions in Subsection G(4) above, which are intended to provide for groundwater protection, all other standards of the underlying zoning district of a site shall remain unchanged and shall correspond with the standards listed within the Schedule of Bulk Regulations and Coverage Limitations.
(6)
H.
Open Space Recapture Overlay Zone for Sleight Farm Phases 5 and 6.
[Added 3-28-2018 by L.L.
No. 3-2018]
(1)
As expressed in the Town of LaGrange Comprehensive Plan, it is the policy of the Town to preserve open space and to harmonize new development where feasible with traditional open, rural, wooded, agricultural or hamlet landscapes (e.g., see § 240-32, Open space cluster subdivisions, of this Chapter 240). From time to time, the Town can be expected to experience real estate recession characterized by the reduction of home prices and a marketplace for new residential construction which calls for more modestly priced and modestly sized product. This trend can motivate developers of residential homes to pursue modification of prior land use approvals, including subdivision approvals, in a way which yields smaller and less expensive homes on smaller lots. Incentives for the Town to modify earlier approvals may take the form of offers by developers to increase open space by eliminating prior approved development from areas suitable for open space preservation and consolidating development in other areas of the same project or phase(s) of a project. Not all zoning districts are eligible for open space cluster subdivision treatment, including the Residential Frank and Sleight District (RFS District) which comprises an integrated pair of phased cluster subdivisions (known as the Sleight Farm Subdivision and the Frank Farm Subdivision) which, for the most part, but not exclusively, share road and stormwater management infrastructure. Phases 5 and 6 of the Sleight Farm Subdivision are uniquely situated. They do not share the road and stormwater management infrastructure of the balance of the Sleight Farm Subdivision and the Frank Farm Subdivision. Phases 5 and 6 of Sleight Farm are located at the periphery. Access is from public highway Sleight-Plass Road. Phases 5 and 6 of Sleight Farm adjoin areas suitable for, and already preserved for, open space of significant character and quality. Uniquely, Phases 5 and 6 of Sleight Farm include areas which are suitable for recapture of open space from development by way of modification of prior land use approvals. These purposes are promoted by requiring a specific plan of development from the relevant property owner and by modifying the lot width regulations found generally at Table B1 of this chapter for the RFS District.[6]
[6]
Editor's Note: See Schedule B1, which is included as an attachment to this chapter.
(2)
The Open Space Recapture Overlay Zone for Sleight Farm Phases 5 and
6 shall constitute the lands so designated as the portion as Phase
6 located to the west of Sleight Plass Road on the phasing plan of
development approved by the Planning Board by resolution dated June
21, 2004, and presently on file with the Town Clerk.
(3)
The suitable open space offered by Sleight Farm Phases 5 and 6 shall
constitute the 10.72 acres to the west of Sleight Plass Road which
was approved by the Planning Board as most of Phase 6. The landowner
has filed in escrow with the Town a suitable conservation easement,
all necessary partial mortgage releases or subordinations, and a policy
of title insurance covering the conservation easement. The condition
of release from escrow shall be Planning Board approval, and expiration
of the time to challenge the Planning Board approval, of a modification
of Phases 5 and 6 of Sleight Farm as depicted on a modified subdivision
plan prepared by Morris Associates, bearing last revision date of
October 2, 2017. The landowner has established an escrow account of
suitable size to cover all of the Town's costs and expenses, including
the cost of work by its consultants. In the event of legal challenge
to the Planning Board's modified approval, if any, the aforesaid instruments
shall be released from escrow upon any judicial ruling sustaining
the modified approval and the exhaustion of any rights to appeal.
There shall be no deferral of payment of the Town's costs from the
escrow fund which the landowner shall replenish as necessary.
(4)
For purposes of the aforesaid modified approval of Phases 5 and 6
of Sleight Farm, the lot width along the building line shall be 75
feet.
[Amended 8-27-2008 by L.L. No. 6-2008; 4-11-2012 by L.L. No. 5-2012; 9-10-2014 by L.L. No. 4-2014; 12-14-2016 by L.L. No. 7-2016]
A.
Policy and authority.
(1)
It is the policy of the Town of LaGrange, as expressed in the Town of LaGrange Comprehensive Plan, to provide for a variety of housing options, preserve open space and harmonize new development with surrounding neighborhoods and the traditional open rural, wooded, and agricultural and hamlet landscapes of the Town of LaGrange. To achieve these goals, the Town Board authorizes the Planning Board to approve an open space cluster subdivision in the RFD, RMD and RLD Districts subject to the provisions set forth in this section and in Chapter 203 of the Code of the Town of LaGrange.
(2)
Authority for the Town of LaGrange Planning Board to approve open
space cluster subdivisions is provided by § 278 of the Town
Law of New York State, or any successor to § 278, as modified
by local law to provide for potential density bonus. An open space
cluster subdivision, or "clustered development" as it is also known,
is a subdivision plat in which residences are clustered on those portions
of a property most suitable for development, leaving substantial portions
as protected open space and a buffer between the new development and
neighboring development and roadways. Cluster subdivisions may include
a variety of lot sizes consistent with the requirements of this section.
Cluster subdivisions foster compact development, more walkable neighborhoods,
and flexibility in layout.
B.
Purpose.
(1)
The purpose of an open space cluster subdivision is to maintain the
rural appearance and environmental resources of the Town of LaGrange
by preserving large tracts of contiguous open space land. One method
of achieving this goal is through the use of open space cluster subdivisions.
The Town wishes to encourage and, in certain cases, mandate such subdivisions
as an alternative to conventional subdivisions.
(2)
This section encourages flexibility in the design and the development
of land in order to promote the most appropriate use of land and to
facilitate the adequate and economic provision of streets and utilities.
This section protects agricultural land, important natural beauty,
cultural and historic features, ridgelines, wildlife habitat, water
resources, ecological systems, scenic areas, forest lands, view sheds
and other sensitive areas as permanent open space through the use
of conservation easements. The "open space" principle can be applied
not only to large developments but also to smaller subdivisions for
the benefit of present and future residents. Open space cluster subdivisions
should achieve the following purposes:
(a)
Provision of a broader range of housing options and potentially
lower housing prices by reducing the length of roadways and other
critical infrastructure costs;
(b)
Greater flexibility and creativity in the design of residential subdivisions, provided that the overall density of the development is no greater than what is normally allowed in the district unless a density bonus is approved by the Planning Board pursuant to Subsection F(1)(d), below.
(c)
The preservation of more land as unsubdivided and undeveloped
open space to preserve or enhance the appearance, scenic resources,
historic character or natural beauty of an area than would be provided
by a conventional subdivision plan.
(d)
The protection of streams, rivers, floodplains and ponds so
as to avoid flooding, erosion and water pollution.
(3)
An open space cluster subdivision should accomplish the above purposes by reducing the lot size and bulk requirements contained in the Zoning Law, while clustering homes in those areas where they will have the least impact on natural or cultural resources. The lands are then permanently preserved through allowing the subdivided lots to be smaller than the zoning would normally require, provided that otherwise buildable land is protected as open space through a conservation easement to maintain the overall density at or below the level permitted by the Zoning Law unless a density bonus is approved by the Planning Board pursuant to Subsection F(1)(d), below.
C.
Applicability. Open space cluster subdivisions may be developed on properties containing 15 acres or more in the RFD, RMD or RLD Districts and may include one-family homes, two-family homes, multifamily homes, duplexes or townhouses, whether attached, semidetached or detached, provided that permanent open space is placed under conservation easement while maintaining the overall density at or below the level permitted by the Zoning Law unless a density bonus is approved by the Planning Board pursuant to Subsection F(1)(d), below.
D.
Cluster subdivision submission and implementation.
(1)
Submission of cluster plan.
(a)
All developments capable of yielding over 15 lots in the RFD
District under the standard plan that are served by public water and
public sewer (and thus yield a minimum lot size of 40,000 square feet),
or which are situated within a public water or public sewer district
possessing improvements capable of supplying service to the subject
site, shall be required to provide a preliminary cluster plan, in
accordance with this section.
(b)
For areas of the Town that do not meet the requirements in Subsection D(1)(a) above (in the RFD District and capable of public water and sewer service), if the Planning Board finds that lands that are mapped as Preservation Overlay Zones or lands that constitute significant environmental, visual or historic resources (including, but not limited to, wetlands, steep slopes, stream corridors, prime farmlands, ridgelines, erosive soils, soils with groundwater resources, or scenic landscapes) would be adversely affected by a conventional subdivision layout, the Planning Board may require an applicant for subdivision approval to provide a preliminary cluster plan, in accordance with this section, in order to protect these resource lands from adverse effects.
(2)
Implementation of cluster plan.
(a)
The Planning Board may require implementation of a cluster plan
layout for lands in the RFD Zoning District which are served by or
capable of being served by public water and public sewer.
(b)
The Planning Board may require implementation of the cluster
plan layout for lands that are mapped as within one of the Preservation
Overlay Zones or lands that constitute significant environmental,
visual or historic resources (including, but not limited to, wetlands,
steep slopes, stream corridors, prime farmlands, ridgelines, erosive
soils, groundwater resources or scenic landscapes) and which would
be adversely affected by a conventional subdivision layout, in order
to protect these resource lands from adverse effects.
E.
Procedure.
(1)
Application requirements.
(b)
Additional application requirements for cluster subdivisions:
[1]
In addition to the application requirements of the Town of LaGrange
subdivision regulations,[1] an applicant for a cluster subdivision shall submit a
written statement describing the open space purpose(s) to be accomplished
and the conservation values of the open space land to be protected.
[2]
The Planning Board shall have architectural review to assure
the subdivision is compatible with the community's scenic and historic
character and is unobtrusive to the surrounding area.
[3]
A full landscaping plan shall be submitted to assure that the
subdivision is aesthetically pleasing and provides privacy on the
lots created.
(2)
Site plan approval. Site plan approval shall apply to open space
cluster subdivisions. Application for site plan approval and subdivision
approval may be submitted simultaneously to the Planning Board.
[Amended 5-23-2018 by L.L. No. 6-2018]
(3)
Public hearing. All applications for open space cluster subdivisions
shall be subject to a public hearing before the Planning Board in
accordance with the public hearing requirements for subdivision applications.
(4)
Technical and SEQRA review. An open space cluster subdivision shall
undergo routine technical and SEQRA analysis.
F.
Development standards and controls.
(1)
Calculation of conventional zoning density. Maximum residential density
permitted in a cluster subdivision shall be calculated in the following
manner:
(a)
The Planning Board shall determine the number of one-family dwelling units that would be permitted if the land were subdivided into lots conforming to the minimum lot size and density requirements of this chapter applicable to the district or districts in which such land is situated and conforming to all other requirements of this chapter, Chapter 203 of the Code of the Town of LaGrange, the County Department of Health, and all state and federal agencies with jurisdiction over such a subdivision. For this purpose, the applicant shall submit a sketch plan showing a conventional lot layout, considering one-family dwellings only. The Planning Board may require any additional information it deems necessary to make its determination. The Planning Board shall evaluate the plan to determine its probable compliance with applicable regulations, taking into account soils, steep slopes (over 25%), wetlands and buffer areas, water bodies and buffer areas, watercourses and buffer areas, one-hundred-year floodplains, the Ridgeline Protection Overlay Zone, and other environmental constraints, as well as the physical and economic feasibility of constructing roads that satisfy maximum grade requirements, and the physical and economic feasibility of constructing public water supply and public sewers to be dedicated to the Town. The Planning Board may disallow any roads or lots which, in its judgment, would not be buildable under applicable regulations. After reviewing the sketch plan, the Planning Board shall adopt a resolution establishing the permissible maximum density for the parcel under a conforming conventional subdivision plan. Unless a density bonus is approved pursuant to Subsection F(1)(d) below, this shall be the maximum density allowed for the open space cluster subdivision.
(b)
Parcels in more than one district. For parcels that are located within more than one residential district, calculations of maximum density in Subsection F(1)(a) shall be made separately for the portion of the parcel in each district. This maximum density may then be combined and distributed anywhere within the parcel, provided that the plan protects open space with conservation value as described.
(c)
Transfer of development rights. Noncontiguous parcels in the Town may contribute additional density of development to the project by transfer of development rights which have been approved and quantified by the Town Board, subject to such terms and conditions as the Town Board shall establish. The Town Board shall consider and shall determine (i) the suitability of the surrendering parcel(s) in terms of preserving natural, scenic, recreational, agricultural, forest or open land of special significance to the community, (ii) the adequacy of the receiving project site and public infrastructure to handle increased development made possible by the specific transfer of development rights, (iii) the appropriate quantification of development rights to be transferred in terms of single-family dwellings or multifamily units, and (iv) the appropriate means for preservation of open space by conservation easement at the parcel surrendering the development rights. In the event that the Town Board assigns a transfer of development rights for use at the project site, with the consent of the owners of the surrendering and the receiving parcels, the conventional zoning density established in Subsection F(1) shall be deemed to be increased accordingly.
(d)
Density bonus. Using the criteria in Subsection F(2), the Planning Board may increase the number of dwelling units permitted over that determined in Subsection F(1)(a). If the Planning Board determines that it will allow a density bonus, it shall pass a resolution establishing the bonus amount and the maximum density allowed for the cluster subdivision including the density bonus. If approved by the Planning Board, this shall be the maximum density allowed for the open space cluster subdivision.
(2)
Criteria for authorizing a density bonus. The Planning Board may, at its discretion, increase the permitted number of dwelling units based on one or a combination of any of the following four methods set forth in Subsection F(2)(a), (b), (c) or (d) below; however, the total increase in the number of dwelling units shall not exceed 25% over the conventional density determined in Subsection F(1)(a).
(a)
Preservation of open space beyond the 50%. The Planning Board
may approve an increase of up to 1% in the number of dwelling units
over the maximum density determined in Subsection (F)(1)(a) for every
1% of additional open space preserved beyond 50%, up to a maximum
of 25% additional open space. This additional open space land shall
not include wetlands and buffer areas, steep slopes (over 25%), water
bodies and buffer areas, watercourses and buffer areas, one-hundred-year
floodplains, and Ridgeline Protection Overlay Zone.
(b)
Public access to open space. If the applicant allows public
access to protected open space and the Planning Board finds that such
public access provides a significant passive recreational benefit
to the Town (such as a trail connector or access to an important natural
area, with parking where necessary) the permitted number of dwelling
units may be increased by up to 25%, at the discretion of the Planning
Board based upon the significance of the passive recreational benefit
and the percentage of open space accessible to the public.
(c)
Added water and sewer treatment capacity. If the applicant provides significant excess public water and sewer capacity capable of effective use by the Town to meet demands of unserved areas in need of such infrastructure, the applicant may be allowed additional dwelling units over the maximum density determined in Subsection F(1)(a), up to a 25% maximum of additional dwelling units. The adequacy, effectiveness and relative value of the excess public sewer and water capacity, in terms of supporting density bonus, shall be determined by the Public Works Department based on the following nonexclusive criteria: suitability and future reliability of the public water supply; suitability of the mode of wastewater treatment to accommodate unserved demand; the quantity of excess capacity; the proximity of the source of excess capacity to areas of need for service; the willingness and capacity of the unserved areas to cover the capital cost, and usage cost, of extending service to them; and the feasibility of incorporating the excess capacity into existing municipal water and sewer administration, or future municipal water and sewer administration, consistent with all relevant federal, state or local regulation, permits and approvals. The findings and conclusions of the Public Works Department shall be reduced to report and recommendation to the Planning Board. The Planning Board shall defer to the findings and conclusions of the Public Works Department.
(d)
The Planning Board may allow up to 25% bonus for two-family,
multifamily, or townhouses.
(e)
The Planning Board shall record the amount of density bonus,
if any, being authorized and the amount of the total bonus which is
attributed to each of the above methods.
(3)
Types of dwelling units. Irrespective of § 240-27 and Schedule A1[2] of the Code of the Town of LaGrange, cluster subdivision
may contain one-family homes, two-family homes, duplexes, multifamily,
or townhouses, whether attached, semidetached or detached, or a combination
of these housing types.
[2]
Editor's Note: Schedule A1 is included as an attachment to this chapter.
(4)
Height, area and bulk regulations.
(a)
In approving a cluster subdivision, the Planning Board shall have the authority to vary the bulk and area requirements found in § 240-28 and Schedules B1 and B4[3] to allow for cluster development. However, except as provided in Subsection F(4)(a)[1][a] below, the following restrictions shall apply and shall not be varied by the Planning Board. No variation of these requirements shall be allowed because to vary them would be tantamount to relegislating the purpose, intent and contents of these regulations:
[1]
For detached units:
[a]
The minimum lot size for detached units shall be
1/4 acre/dwelling in RFD (Residential Flexible Density), 1/2 acre/dwelling
in RMD (Residential Moderate Density), and one acre/dwelling in RLD
(Residential Low Density), except that the Planning Board may waive
this requirement.
[b]
Lots gaining access from an existing state, county
or Town highway shall comply with the minimum road frontage requirements
in Schedule B1,[4] and dwelling units shall be set back at least 150 feet
from the nearest public road and any lot line of an existing residential
home.
[4]
Editor's Note: Schedule B1 is included as an attachment to this chapter.
[c]
Other area and bulk requirements for detached dwelling
units shall be set by the Planning Board at the time of subdivision
approval.
[2]
For semidetached or attached dwelling units:
[a]
Lots gaining access from an existing state, county
or Town highway shall comply with the minimum road frontage requirements
in Schedule B1,[5] and dwelling units shall be set back at least 150 feet
from the nearest public road and any lot line of an existing residential
home.
[5]
Editor's Note: Schedule B1 is included as an attachment to this chapter.
[b]
Other area and bulk requirements for semidetached
units shall be set by the Planning Board at the time of subdivision
approval.
[c]
Building units shall be set back at least 150 feet
from all property lines, excluding property lines created by the proposed
subdivision.
[d]
No building shall contain more than five dwelling
units.
[e]
More than one building may be placed on a lot.
[f]
Other area and bulk requirements for attached units
shall be set by the Planning Board at the time of subdivision approval.
[3]
For all buildings, whether or not they contain residential units:
[a]
Building height shall not exceed 35 feet.
[b]
A minimum separation of 10 feet shall be provided
between all buildings, or the distance required by the New York Fire
Code shall be provided, whichever is the more restrictive.
[c]
Any community building, recreational or related
amenity developed for the use of residents of the cluster development
and associated parking lots must be set back at least 150 feet from
all exterior lot lines of the property under review.
[d]
An upland buffer of native vegetation of at least 100 feet in depth shall be provided adjacent to wetlands and surface waters, including creeks, streams, springs, lakes, and ponds. The buffer area shall not be fertilized. This shall be in addition to any requirements under Chapter 124 of the Code of the Town of LaGrange.
[3]
Editor's Note: Schedules B1 and B4 are included as attachments to this chapter.
(5)
Arrangements of lots. Lots in open space cluster subdivisions shall
be arranged in a manner that protects land with conservation value
and, at the discretion of the Planning Board, facilitates pedestrian
and bicycle circulation. Such guidelines shall be adapted to respond
to the conditions of each specific site.
(6)
Design flexibility. Flexibility in physical design is warranted to maximize open space conservation and preserve ecological features, topography, scenic views, and community character. The Planning Board may, at its discretion, apply such special conditions or restrictions to its approval of an open space cluster subdivision as it deems necessary to maintain harmony with neighboring uses and to promote the objectives and purpose of the Town's Comprehensive Plan, this section and Chapter 203 of the Code of the Town of LaGrange. This could include, but not be limited to, specifying parking type (garage, driveway, or parking lots), reduction in road width for private roads, use of alternative drainage methods, and supplementary landscaping requirements.
(7)
The following lands shall be included in the site's common area(s) subject to ownership and maintenance specified under § 240-32G and H:
(a)
Land preserved as open space.
(b)
Wetlands and buffer areas.
(c)
Water bodies and buffer areas.
(d)
Watercourses and buffer areas.
(e)
One-hundred-year floodplains.
(f)
Ridgeline Protection Overlay Zone.
(g)
Stormwater management ponds and open ditches.
(h)
A one-hundred-fifty-foot buffer area setback from all property
lines, excluding property lines created by the proposed subdivision
or existing Town, county or state right-of-way.
(8)
Land to be preserved as open space.
(a)
Minimum area of preserved open space land in cluster subdivisions.
Not less than 50% of the site's unencumbered acreage shall be preserved
as open space in perpetuity. This open space land shall not include
portions of the site encumbered by wetlands, water bodies, watercourses,
one-hundred-year floodplains, and stormwater management ponds. The
Planning Board shall determine whether the open space offered meets
the intent of this section.
(b)
Conservation value of open space. The open space protected in connection with an open space cluster subdivision should not be just land "left over" because of its unsuitability for development. Open space land shall form cohesive blocks or corridors that have conservation value, including recreational, historic, ecological, agricultural, water resources, scenic or other natural resource value. Examples of lands with conservation value include actively farmed agricultural land, large areas of contiguous mature forest, stream corridors, and scenic areas, including important vistas or viewsheds seen from public places. Land in a critical environmental area (CEA), land designated as environmentally sensitive under Subsection B(1), above, and land identified by the Town as worthy of preservation as open space shall be deemed to be land of conservation value. Whenever the Planning Board approves a plan with protected open space, it shall make written findings identifying the specific conservation values protected and the reasons for protecting such land.
(c)
Conservation easement. The open space and common area restrictions
must continue in perpetuity and be subject to a recorded conservation
easement subject to the provisions of this section.
[1]
A perpetual conservation easement restricting development of
the open space land and common area and allowing use only for agriculture,
forestry, recreation, protection of natural resources, or similar
conservation purposes consistent with Article 49, Title 3, of the
Environmental Conservation Law, shall be granted to the Town, subject
to the approval of the Town Board, or to a qualified not-for-profit
conservation organization as defined in Article 49 of the Environmental
Conservation Law and acceptable to the Town.
[2]
The conservation easement shall be subject to the review and
approval of the Town and shall be required as a condition of subdivision
plat approval.
[3]
The conservation easement shall provide that the open space
restrictions must continue in perpetuity.
[4]
The conservation easement shall provide that said easement is
enforceable by the Town even if the Town is not the holder of the
easement.
[5]
The conservation easement shall provide that the Town shall
be entitled to recover attorneys' fees and consultants' fees necessary
to enforce the easement.
[6]
The conservation easement shall contain the following clause:
The Grantors agree that any violation of the restrictive terms
of the easement shall be deemed an irreparable injury and shall also
be deemed to balance the equities in favor of injunctive relief.
[7]
The conservation easement shall contain the following clause:
If the Town shall commence an action at law or in equity to
enforce the terms of this Easement, the Town shall have the interim
right to annually assess its enforcement expenses and costs, including,
but not limited to, reasonable attorneys' fees, by charging such sums
against the real property which is the subject of this Easement, by
adding that charge to, and making it a part of, the next annual real
property tax assessment roll of the Town. Prior to charging such assessments,
the owners of the real property shall be provided written notice,
to their last known address of record, by certified mail, return receipt
requested, of an opportunity to be heard before the Town Board and
object to the proposed real property assessment, at a date to be designated
in the notice, which shall be no less than 30 days after its mailing.
[8]
The conservation easement shall leave the land forever wild
or limit use of such land to agricultural, managed forest land, passive
recreational or open space use and prohibit residential, industrial
or commercial use of such open space land.
[9]
The conservation easement shall not be amendable to permit commercial,
industrial or residential use or development (except in connection
with agriculture, forestry, and recreation) and shall not be amendable
to permit such use or development.
[10]
Local utility distribution lines, water lines,
and sewer lines shall be permitted underground on preserved open space
land, provided that the Planning Board determines that they do not
impair the conservation value of the land and the land is restored
to its natural state by the developer after installation.
[11]
The conservation easement shall specify the range
of permissible activities.
[12]
The conservation easement shall specify prohibited
activities.
[13]
The conservation easement shall prohibit future
subdivision.
[14]
The conservation easement shall require that the
grantor incorporate the terms of the easement in any deed or other
legal instrument by which the grantor divests itself of the open space
land covered by the easement, including, without limitation, a leasehold
interest.
[16]
The conservation easement shall contain appropriate
provisions for proper retransfer in the event that the conservation
organization or Town of LaGrange becomes unwilling or unable to continue
carrying out its functions.
[17]
The conservation easement shall be recorded in
the Dutchess County Clerk's office prior to or simultaneously with
the filing of the final subdivision plat in the Dutchess County Clerk's
office.
(d)
Notations on plat. Land preserved as open space shall be clearly
delineated and labeled on the final subdivision plat as to its use,
ownership, management, and the rights, if any, of the owners of other
lots in the subdivision to such land. The plat shall clearly show
that the open space land is permanently reserved for open space purposes
and shall contain a notation indicating the liber and page of any
conservation easements required to be recorded to implement such restrictions.
(e)
Monuments. All conservation easements must be marked with visible
concrete monuments acceptable to the Planning Board. Monuments identify
the boundaries of conservation easements for the benefit of property
owners and to facilitate review by the entities having enforcement
rights under the conservation easement. All monuments must be clearly
identified and completely specified on the Mylar map(s) to include
Universal Transverse Mercator grid coordinates to facilitate the use
of hand-held global positioning systems for review. The Town has the
right of inspection of all monuments.
(9)
Guidelines. When reviewing a residential cluster development, the
Planning Board shall make the following findings:
(a)
Buildings are adequately grouped so at least 50% of the total
area of the site is set aside as open space. To the greatest extent
practicable, open space shall be designated as contiguous, and not
divided into unconnected small parcels.
(b)
Pedestrians can easily access open space.
(c)
All development is situated to minimize the alteration or disturbance
of natural features, natural vegetation, and topography.
(d)
Existing scenic views or vistas are permitted to remain unobstructed,
especially from public streets.
(e)
The site plan accommodates and preserves features of historic,
cultural, or archaeological value.
(f)
Floodplains, wetlands, and steep slopes are protected from development.
(g)
The cluster development advances the spirit and intent of this
section.
(h)
Compatibility with surrounding land uses and the Town's traditional
land use patterns in which small hamlets contrast with open spaces
and forest lands.
(i)
Provision of adequate buffers for adjoining properties.
(j)
Contribution to Town-wide open space planning by creating a
system of permanently preserved open spaces, both within large parcels
of land and among such parcels throughout the Town, and, where feasible,
by providing linkages between existing open space areas and, where
appropriate, linkages to hamlet areas.
(k)
Open space shall remain accessible to the property owners in
the development in perpetuity.
(l)
Protected open space shall be managed in accordance with best
management practices to preserve the environmental integrity of the
property, including but not limited to reduction of chemical use;
water conservation; and water quality management.
(m)
Residential areas shall remain open and nongated, with private
roads, and shall be set back at least 150 feet from the nearest public
road and any lot line of an existing residential home.
(n)
Significant peripheral viewsheds identified by the Planning
Board shall be conserved.
(o)
Landscape design, which promotes the most appropriate use of
land, facilitates the efficient provision of streets and utilities,
and preserves the natural and scenic qualities of undeveloped lands.
(p)
Maintenance of biodiversity by ensuring that remaining habitats
are of sufficient acreage and configuration to support viable populations
of wild flora and fauna species consistent with DEC guidelines and
SEQRA principles.
G.
Ownership of open space land and common area and formation of homeowners
association.
(1)
The developer must establish a homeowners association ["HOA"].
(2)
Open space land and common area shall be subject to a conservation
easement and shall be conveyed to the HOA.
(3)
The open space land and common area owned by the HOA shall be incorporated
by the Town Assessor into the assessments of the parcels of the members
of the HOA as provided for in New York Real Property Tax Law § 504(5-a).
(4)
The HOA shall be established in accordance with the following:
(a)
The HOA must be set up before the final subdivision plat is
approved and must comply with all applicable provisions of the General
Business Law.
(b)
The HOA offering plan is subject to the review and approval
of the Town.
(c)
The HOA offering plan shall provide that the individual lot owners shall pay their pro rata share of property taxes on the open space land in accordance with Subsection G(3), above.
(d)
Membership must be mandatory for each lot owner, who must be
required by recorded covenants and restrictions to pay fees to the
HOA for insurance and maintenance of common open space, private roads,
and other common facilities.
(e)
The HOA must be responsible for liability insurance and the
maintenance of recreational and other facilities and private roads.
(f)
Property owners must pay their pro rata share of costs in this
subsection, and the assessment levied by the HOA must be able to become
a lien of the property.
(g)
The HOA must be able to adjust the assessment to meet changed
needs.
H.
Maintenance standards for open space and common area.
(1)
Ongoing maintenance standards shall be established to ensure that
the open space land and common area is not used for storage or dumping
of refuse, junk or other offensive or hazardous materials. There shall
be a maintenance agreement, subject to the review and approval of
the Town, for the open space land and common area which shall be enforceable
by the grantee of the conservation easement and by the Town, if it
is not the grantee, against an owner of the open space land or common
area as a condition of subdivision approval. Said agreement shall
provide that the cost and responsibility of maintaining common open
space and facilities shall be borne by the HOA.
(2)
If the Town finds that the maintenance agreement provided for in Subsection H(1) above is being violated, it may, upon 30 days' written notice to the HOA, enter the premises for necessary maintenance, and the cost of such maintenance by the Town shall be assessed against the open space land or common area and shall, if unpaid, become a tax lien on such property or properties and be charged ratably against each landowner pursuant to Subsection G(3) above. This provision shall be incorporated into the maintenance agreement.
I.
Utilities.
(1)
Where, in the opinion of the Administrator of Public Works and Planning,
connections to existing public water or public sewer facilities are
possible and warranted, sanitary sewers and/or water mains and fire
hydrants to be installed in a cluster subdivision shall be connected
to such existing public facilities in the manner prescribed by the
regulations of the appropriate sewer, water or fire district or other
agency having jurisdiction.
(2)
Where connection to existing public water or public sewer facilities
is not possible, the Administrator of Public Works and Planning shall
notify the Town Board, and the Town Board shall require that a central
water supply and/or central sewer be designed and constructed by the
applicant to serve all dwelling units within the cluster subdivision,
in accordance with the standards of appropriate Town, county, state
or federal health or environmental departments. These central water
and sewer facilities shall be dedicated to the Town.
(3)
Where part or all of a cluster subdivision is to be located within
an area or drainage basin planned for future service by public water
and/or public sewer or recommended for such system or systems by the
Town Comprehensive Plan or other Town planning studies, any water
or sewer facilities privately constructed within the cluster subdivision
for the purposes of dedication to the Town shall be designed and located
in such a way as to readily permit the alternate connection to future
public water or public sewer systems.
[NOTE: Section 240-33 is repealed effective upon the adoption of Town of LaGrange Local Law No. 7-2016, with the exceptions to repeal that are identified within Sections 2 and 7 of said Local Law No. 7-2016.[1]] [Added 12-14-2016 by L.L. No. 7-2016]
A.
Purpose. Planned Development Districts (PDDs) may
be established by the Town Board in accordance with the procedures
hereinafter specified and when found necessary and appropriate for
the following purposes: to allow large tracts of improved or unimproved
land to be developed, redeveloped and improved by means of integrated
and harmonious design principles, which will establish projects of
foreseeable stable character that will be consistent with the character
of the Town and which will more particularly comport with the existing
character of the surrounding neighborhood and promote one or more
public purposes. Generally, the establishment of a PDD may be considered
when establishment of another zoning district designation available
under this chapter would be insufficient to accomplish such purposes
or otherwise inappropriate.
B.
Petition. A petition for establishment of a Planned
Development District, or for the modification of an existing Planned
Development District, shall be submitted in writing to the Town Board,
shall be signed by the owner or owners of all lots within the proposed
district and shall be accompanied by the following:
(1)
Statement. A written statement specifying in detail
the particular provisions of this chapter which are proposed to be
applicable or inapplicable within the district, or the modification
thereof, and the special standards and additional provisions that
are proposed to be applicable to the use of land, buildings and other
structures, the location and bulk of buildings and other structures,
site development and the area, shape and frontage of lots with the
district. Ten copies shall be submitted. Such statement shall be in
a form and shall be sufficiently complete to constitute the text of
an amendment to this chapter which identifies and circumscribes the
actual uses of any proposed development.
(2)
Conceptual site plans. A development plan for the
tract, including site plans, architectural plans and other drawings
in sufficient detail to show the precise boundaries of the proposed
district and any subdistricts thereof and the character and the location
of existing and proposed contours, uses, buildings and other structures,
signs, outdoor illumination, streets, driveways, off-street parking
and loading spaces, outdoor deposit areas, watercourses, storm drainage,
sewage disposal facilities, water supply facilities and landscaping.
Six copies shall be submitted.
C.
Procedure and findings.
(1)
After receipt of complete petitions for a Planned
Development District, the Town Board may meet with the petitioner
and may request additional information. The Town Board may, in its
sole discretion, decline to consider any petition for a Planned Development
District.
(2)
If the Town Board decides to consider such a petition,
it shall transmit a copy of the petition, statement and conceptual
site plan to the Planning Board for a recommendation and report. The
Planning Board must officially respond to the Town Board's request
within 90 days unless the Planning Board requests an extension. Upon
review of the Planning Board recommendation, the Town Board may adopt
the Planned Development District or modify the terms and conditions
attaching to an existing Planned Development District, thereby amending
this chapter and/or the Zoning Map, upon due notice and public hearing
as required for any other amendment of this chapter. In determining
the maximum permissible density on the site of a Planned Development
District, the Town Board shall consider the extent that there are
environmental constraints, the density of adjacent residential district(s),
the proposed amount and configuration of open space, and the extent
that public purposes are advanced with the establishment of a PDD.
In determining the maximum density on the site of a proposed PDD,
there shall be consideration of the degree that a project and proposed
development will advance the protection of open space, agricultural
lands preservation, or the development of work force/affordable housing.
The Town Board shall make written findings, in addition to any other
findings necessary for an amendment of this chapter, that the following
standards have been satisfied:
(a)
The Planned Development District as described
in the statement and conceptual site plan submitted will accomplish
the purposes set forth above.
(b)
The Planned Development District may be necessary
because another existing zoning district would be insufficient to
accomplish the purposes set forth above.
(c)
While the Planned Development District may require
special considerations, it will be compatible with actual nearby current
uses or permitted future uses of surrounding properties.
(d)
The Planned Development District designation
may be available to properties designated as Residential Flexible-Density
(RFD); Residential Moderate-Density (RMD); Residential Low-Density
(RLD); and the Planned Office (PO) District.
[Amended 9-10-2014 by L.L. No. 4-2014]
(e)
The Planned Development District encompasses
a tract of land of not less than 200,000 square feet (nearly five
acres).
(f)
The Planned Development District is served by
public water and sewer.
(g)
In evaluating a potential Planned Development
District designation, the Town Board may consider an applicant's good
faith actions to encumber another residentially zoned parcel that
demonstrates comparable future development potential with a conservation
easement or to dedicate title to such land to the public sector or
a nonprofit land trust for permanent conservation, particularly in
cases where those lands proposed for protection demonstrate development
capability and there is a potential for undesirable environmental
impacts if that site were built out under its prevailing residential
zoning.
(h)
At least 50% of the entire tract will be restricted
by conservation easement as permanent open space or agricultural uses.
Any land that has been mapped as a Preservation Overlay Zone, excluding
land within the Groundwater Protection Overlay Zone[2] unless also included in another Preservation Overlay Zone,
will be permanently set aside as open space or otherwise protected.
All open space set aside will comply with the standards and requirements
set forth in § 240-32A(7)(e)[1] through [4].
[2]
Editor's Note: The Groundwater Protection Overlay Zone Map
is included in the online version of the Code (eCode 360®). Hard
copies of said map may be obtained from the Town Clerk's office.
(i)
Any nonresidential buildings will be substantially
screened from view year round from any public road, recreation area
or neighboring residential structure by topography and/or vegetation.
(j)
The planned development will not create a traffic
hazard in an existing residential neighborhood and is sufficiently
accessible to state or county roads to ensure that its traffic load
will not unduly interfere with any proximate residential areas.
(k)
The adverse environmental impacts of the planned
development will not be substantially greater than the impact of a
residential subdivision or other as-of-right use on the same land
at the density permitted by a "standard plan" as defined in § 240-32A(4)(a)
of this chapter, giving due weight to the amount of open space and
work force/affordable housing to be set aside hereunder as mitigating
measures. The Town Board may require that a project proponent dedicate
trails or other portions of the open space for public access.
(l)
The number of single-family detached residential units permitted will be no greater than 100% above the number that would be determined by the Board to be the net density as defined in this chapter in § 240-32. For a situation where land in the Planned Office (PO) District is being considered for a PDD, the base allowed density, for the purposes of the single-family calculation, shall be one dwelling unit per acre. For comparison purposes, the applicant shall also submit a standard plan, as defined in § 240-32A(4)(a) of this chapter. However, the Town Board may, in its sole discretion, establish any lesser number of residential units as an upper limit. Any increase in the number of allowable units above the number permitted under a standard plan shall be justified by a compensating public benefit such as dedication of public parkland, extensive open space preservation, provision of additional water and/or sewer capacity or provision of work force/affordable housing.
[Amended 8-27-2008 by L.L. No. 7-2008]
(m)
Multifamily dwelling units. The construction of multifamily dwelling units may be permitted consistent with § 240-51 of this chapter, with the exception that the Town Board may allow a density of up to eight dwelling units per acre for multifamily dwellings and the density enhancement shall be justified under the criteria established in Subsection C(2)(l) above. If the applicant proposes townhomes on individual lots, then the following shall also apply:
[Added 8-27-2008 by L.L. No. 7-2008[3]]
[1]
A minimum lot size of 3,150 square feet shall
be required for internal townhouse units. An internal townhouse unit
is a townhouse unit which is located in between two other townhouse
units.
[2]
A minimum lot size of 5,000 square feet shall
be required for external townhouse units. An external townhouse unit
is a townhouse unit which is located at the end of a row of townhouse
units.
[3]
No more than five individual townhouse units
shall be permitted within a row of townhouse units.
[4]
The front, rear or side of any townhouse building
shall be no closer than 20 feet to the front, rear or side of any
other townhouse building. The Planning Board shall determine the appropriate
separations between any other buildings as part of the site plan review.
(n)
No single-family home will be located on a lot
of less than 20,000 square feet, except in the RFD Zone, where the
minimum for a cluster subdivision will not be less than 12,000 square
feet.
[Amended 9-10-2014 by L.L. No. 4-2014]
(o)
Nonresidential uses, if any, will be located
in a manner that would not detract from the character of the surrounding
area.
(p)
A Planned Development District will restore
and/or preserve any existing on-site historic structure, consistent
with federal and state guidelines for National Register listing.
(3)
After adoption of the Planned Development District and prior to the issuance of any permit allowing for construction by the Zoning Administrator or Building Inspector, the petitioner shall apply to the Planning Board for, and obtain approval of, a detailed site plan pursuant to § 240-72. The Planning Board may require the petitioner to submit further or more detailed specifications for particular aspects of the proposed development. The Planning Board shall review such site plan and detailed specifications in accordance with the standards generally prevailing in § 240-72; additionally, the Planning Board shall determine whether they are consistent with the statement and conceptual site plan approved by the Town Board. The approval shall contain those conditions which are necessary to assure compliance with the requirements of this section. Such conditions shall be satisfied prior to the issuance of construction permits and certificates of occupancy.
[Amended 5-23-2018 by L.L. No. 6-2018]
D.
Additional limitations. The following are also applicable:
(1)
Authorization; time limit.
[Amended 10-8-2008 by L.L. No. 10-2008]
(a)
Adoption of a Planned Development District by
the Town Board and Planning Board approval of a Planned Development
District site plan shall constitute authorization to establish the
uses, buildings, structures and site development in accordance with
the standards and development plan adopted by the Town Board and Planning
Board for the district in accordance with any approved site plan and
detailed specifications. If construction of the development authorized
by the district is not commenced within one year of the resolution
of conditional or unconditional site plan approval by the Planning
Board, the approvals of the Town Board and the Planning Board for
the district shall lapse, and the Town Board shall be authorized to
amend this chapter and the Zoning Map to delete the Planned Development
District approvals and to establish for such lands the previous or
another zoning district designation. However, the Town Board, in the
exercise of its sole and legislative discretion, shall be authorized
to grant one or more extensions, each for one year, upon application
of the owners of all lands within the district. In support of the
application for extension, the applicant shall address, in narrative
form, and shall submit such professional reports and opinions as are
deemed warranted by the applicant in the first instance, or as are
requested by the Town Board in the review of the application, the
following issues:
[Amended 5-23-2018 by L.L. No. 6-2018]
[1]
Whether any local or other agency permits or
approvals issued in connection with the project have expired or will
expire prior to the expiration of the prevailing time requested to
be extended to the applicant;
[2]
Whether any local laws, rules or regulations
or any relevant statutes, rules or regulations pertaining to federal,
state or other local agencies, and relevant to the project, have changed
in a relevant and material way so as to affect the project in any
way since the initial approvals or since the next preceding period
of extension, as the case may be;
[3]
Whether there have been any intervening, relevant
and material changes in circumstances, including, but not limited
to, the physical and environmental setting of the land devoted to
the project, adjoining or nearby lands or relevant highway networks,
wetlands and waterbodies, floodplains, slopes and stormwater courses
and concentrations;
[4]
A description of any intervening improvement
work performed on the subject lands or in proximity for the purpose
of developing the project.
(b)
Whether to grant the requested extension shall
remain within the exclusive legislative consideration of the Town
Board, and the above issues shall inform but in no way limit the Town
Board's exercise of such legislative discretion. If requested, in
writing, at the time of the extension application, the applicant may
request that the Town Board hold a public hearing on the application
for extension.
(c)
The development authorized by the approvals
of the Town Board and the Planning Board for the district shall be
completed within five years from the initial conditional or unconditional
site plan approval of the Planning Board or from the starting date
of the last extension of initiation of construction granted by the
Town Board, except that the Town Board may extend the time for completion
by one-year periods. Requests for extensions of completion of construction
must include the same submissions from the applicant, as described
above in this subsection, as for extensions of the time for initiation
of construction. Whether to grant the requested extension of completion
shall remain within the exclusive legislative consideration of the
Town Board, and the required submissions of the applicant shall inform
but in no way limit the Town Board's exercise of such legislative
discretion. If requested, in writing, at the time of the extension
application, the applicant may request that the Town Board hold a
public hearing on the application for extension of completion of construction.
In the event of untimely completion of construction, the Town Board
shall be authorized, after public hearing, to amend this chapter and
the Zoning Map to delete or to modify the extent of the Planned Development
District approvals and to establish for all or some of such lands
the previous or another zoning district.
[Amended 5-23-2018 by L.L. No. 6-2018]
(e)
The Town Board shall establish in its fee schedule
or schedules the applicable fee for application and or approval of
extensions under this subsection.
(2)
Bond. Prior to adoption of a Planned Development District,
the Town Board shall receive recommendations on the requirements for
performance bonds and their recommended amounts from the Planning
Board acting in concert with the Town Engineer and Town Superintendent
of Highways. Prior to adoption of a Planned Development District,
the Town Board shall stipulate the dollar amount of performance bonds
to be deposited with the Town Clerk to assure the petitioner's conformance
with the Town of LaGrange highway, sanitary sewer and such other minimum
standards as may be found applicable by the Town Board.
[1]
Editor's Note: Sections 2 and 7 of L.L. No. 7-2016 stated that § 240-33 would remain in effect for the purpose of review of planned development applications for which a preliminary plan had already been submitted and written acceptance of the application as viable for review of the project had already been given, and also with respect to reapprovals of planned development districts and to approval modifications, and that in the event of final approval said projects would be deemed conforming uses under the LaGrange Town Code. The entirety of L.L. No. 7-2016 is on file and available for review in the Town offices.
A.
A floating zone is hereby established to permit, in
the exercise of the legislative discretion of the Town Board, excavation
and removal of earth, topsoil, sand, gravel, clay, or stone or soil
and stone crushing, washing and processing operations in those locations
in the Town of LaGrange where, although not otherwise permitted by
this chapter, in the judgment of the Town Board such industrial types
of operations will not interfere with the use of adjoining or neighboring
properties.
B.
The Town Board may implement such a floating zone
by amendment to the Zoning Map forming a part of this chapter,[1] following all applicable procedures for amending the provisions
of this Zoning Chapter. An applicant for rezoning who seeks to map
such a floating zone shall file a petition with the Town Board requesting
a zoning amendment. Said petition shall be signed by all owners of
the land to be rezoned and shall include a conceptual site plan showing
the proposed location of the site of the proposed extraction and/or
plant processing operations. The Town Board shall be under no obligation
to accept or consider such a petition and may dismiss such a petition
at any time prior to enacting a Zoning Map amendment. Such a petition
shall be deemed a Type I action under the State Environmental Quality
Review Act.[2]
C.
If the Town Board enacts a zoning amendment pursuant to this section, the applicant shall also be required to obtain mining activity land reclamation approvals required under § 240-67 of this chapter in order to engage in any excavation or processing of materials which are the subject of this section.
[Amended 9-10-2014 by L.L. No. 4-2014]
A.
Purpose.
(1)
The Town Center Business (TCB) District and the Town
Center Residential (TCR) District in Freedom Plains are intended to
implement the goals and objectives of the Town of LaGrange Comprehensive
Plan adopted in 2005 and the Town Center Illustrative Plan (the Illustrative
Plan) adopted in 2003 as part of the Comprehensive Plan. The Illustrative
Plan is not a mandatory design plan; rather, it is intended to serve
as a template for the application of specified design principles in
order to achieve a desired form and appearance of development.
(2)
The general design pattern for the Town Center is
to create walkable, highly integrated, multifunctional public and
private spaces, through a network of connected streets, sidewalks,
and uses. Structures in the TCB District are generally to have two
to three stories, with retail on the ground floor and office or residential
uses above. The TCR District provides for higher-density residential
development and selected uses compatible with residential streets
in the immediate area surrounding the TCB District.
(3)
The provisions of this section, when in conflict,
shall take precedence over other sections of the Zoning Law.
B.
Design principles: Town Center Business (TCB). Design
principles for this district are shown in the Illustrative Plan. The
primary objective of the TCB District is to create a traditional main
street area. New buildings should relate to a traditional main street
design as well as enhance the positive qualities that currently exist.
Specifically, the design principles for the TCB District are to:
(1)
Establish a coordinated image for the Town Center.
(2)
Bring buildings up toward the sidewalk and street
edge.
(3)
Promote a mix of commercial and residential uses in
multistory buildings.
(4)
Promote the prominent positioning of civic buildings
and central green spaces in order to enhance community identity and
public interaction.
(5)
Promote pedestrian activity through a safe and walkable
environment.
(6)
Create narrow, tree-lined streets to slow traffic.
(7)
Minimize the visual impact of the automobile by managing
the placement and screening/landscaping of parking areas.
(8)
Create an interconnected street system for both pedestrian
and vehicular traffic.
(9)
Encourage the development of both on-street parking
and shared parking areas between nearby uses.
(10)
Provide multiple housing options.
(11)
Protect important natural and historic features.
C.
Design principles: Town Center Residential (TCR).
Design principles for this district are shown in the Illustrative
Plan. The primary objective of the TCR District is to create a traditional
neighborhood development. New buildings and street layouts should
relate to a traditional neighborhood design as well as enhance the
positive qualities that currently exist. Specifically, the design
principles for the TCR District are to:
(1)
Establish a coordinated image for the Town Center.
(2)
Provide a variety of housing options.
(3)
Promote pedestrian activity through a safe and walkable
environment.
(4)
Create narrow, tree-lined streets to slow traffic.
(5)
Promote the prominent positioning of civic buildings
and central green spaces in order to enhance community identity and
public interaction.
(6)
Create an interconnected street system for both pedestrian
and vehicular traffic.
(7)
Protect important natural and historic features.
D.
Location of TCB and TCR. As per § 240-22, the location of the TCB and TCR Districts is shown on the map entitled "Zoning Map of the Town of LaGrange," adopted by the Town Board.
E.
TCB and TCR Schedule of Permitted Uses. The schedule of permitted uses and specially permitted uses for the TCB and TCR Districts is found in § 240-27, Schedules A1, A2 and A3, Permitted Uses and Special Permit Uses.[1]
[1]
Editor's Note: Schedules A1, A2 and A3 are attached to this chapter as Appendix A.
F.
Bulk requirements for TCB and TCR. The bulk requirements for the TCB and TCR Districts are found in § 240-28, Schedules B1 and B2, Schedules of Bulk Regulations and Coverage Limitations, Residential and Nonresidential, and Schedule B3, Schedule of Bulk Regulations and Coverage Limitations for TCB, and Schedule B4, Schedule of Bulk Regulations and Coverage Limitations for TCR.[2]
[2]
Editor's Note: Schedules B1 through B4 are attached to this chapter as Appendix B.
G.
Planning Board review of projects in TCB and TCR.
(1)
The design standards of this section are intended
to provide guidance to the Planning Board in its review of projects
within the TCB and TCR Districts. It is the intent of these standards
to provide the Planning Board and applicants with guidance as to favored
forms and principles of site design.
(3)
The Planning Board is empowered to require a mix of
uses in any development project. Further, the Planning Board is empowered
to require that a development be phased to ensure the required mix
of uses is implemented. Applicants are encouraged to meet with the
Planning Board prior to an application to discuss concepts, clarify
procedures, and coordinate all applicable zoning in this chapter.
(4)
The Planning Board may, in its discretion, vary any site plan requirements contained in § 240-35 to assure substantial compliance with the intent of this provision while relieving the applicant of undue or oppressive burden or hardship in obtaining approval. Modification of those standards that are mandatory shall be accompanied with written finding that such modifications are warranted and the reasons.
[Amended 5-23-2018 by L.L. No. 6-2018]
H.
Design standards. The TCB District encourages a mixture
of retail uses, restaurants, services, workplaces, entertainment and
civic facilities, and moderate- to high-density housing in a compact
pattern that balances automobile access with strong pedestrian elements
to create a walkable environment. The TCR District encourages complete
traditional neighborhoods with a diverse range of dwelling types,
such as single- and two-family houses, attached townhouses, and condominium
or apartments mixed together for a moderate- to high-density compact
pattern of development that balances automobile access with strong
pedestrian elements to create a walkable environment. The following
are the specified standards for the TCB and TCR Districts:
(1)
Streetscape standards.
(a)
Street standards.
[1]
The design and construction of streets within
the TCB District should be consistent with the TCB street standards
as shown in Figure 1.[3]
[a]
"Commercial town center street"
should be defined as streets within the TCB District and will exclude
Route 55.
[3]
Editor's Note: Figure 1 is included at the end of this chapter.
[2]
The design of streets within the TCR District
should be consistent with the TCR street standards as shown in Figure
2.[4]
[a]
"Residential collector streets"
should be defined as streets within the TCR District providing access
between the TCB District and any of the following roads: Lauer Road,
Todd Hill Road, and/or Stringham Road.
[b]
"Residential access streets" should
be defined as streets within the TCR District providing primarily
residential access to a residential collector street.
[c]
"Residential rear lane" should
be defined as a secondary means of access to the rear of residences
generally to the property abutting along its length. The residential
rear lane will provide access to garages and accessory structures.
[4]
Editor's Note: Figure 2 is included at the end of this chapter.
[3]
Intersections should be at right angles whenever
possible.
[4]
New streets should connect to existing streets
and use a block system to avoid dead ends whenever practicable.
(b)
Blocks and lots.
[1]
Street layouts should provide for a variety
of block and lot sizes. Blocks should be generally in the range of
200 to 400 feet deep by 400 to 800 feet long, to create shorter walking
distances and help diffuse traffic on multiple access routes. Blocks
exceeding 600 feet should have a rear lane access or a pedestrian
right-of-way for midblock access.
[2]
Multiple buildings and uses are permitted on
a lot in the TCB District.
[3]
Multiple buildings are permitted on a lot in
the TCR District.
[4]
In order to facilitate fewer curb cuts, shared
driveways should be used for access to parking lots behind buildings.
[5]
Residential rear access lanes should be used
for access to garages and parking lots behind buildings.
(c)
Sidewalks.
[1]
Sidewalks in the TCB District should be consistent
with the TCB street standards as shown in Figure 1.[5] All sidewalks should be ADA compliant.
[5]
Editor's Note: Figure 1 is included at the end of this chapter.
[2]
Sidewalks in the TCR District should be consistent
with the TCR Street Standards as shown in Figure 2.[6] All sidewalks should be ADA compliant.
[6]
Editor's Note: Figure 2 is included at the end of this chapter.
[3]
Restaurants may be permitted to operate outdoor
cafes in front of and on public sidewalks as long as at least seven
feet are maintained free for sidewalk passage.
[4]
A retail business may be permitted to have a
temporary sidewalk display of store merchandise on up to 25% of its
sidewalk frontage.
(d)
Landscaping.
[1]
A landscaped area shall be provided along both
sides of all streets within the TCB District. The landscaped area
shall be consistent with the TCB street standards shown in Figure
1.[7] Within the landscaped area, one shade tree (minimum of
three-inch caliper diameter at four feet in height) should be provided
per every 25 to 30 linear feet.
[7]
Editor's Note: Figure 1 is included at the end of this chapter.
[2]
Landscaped areas shall be provided along both
sides of streets, as shown in the TCR street standards.[8] The landscaped area shall be consistent with the TCR street
standards as shown in Figure 2. Within the landscaped area, one shade
tree (minimum of three-inch caliper at four feet in height) should
be provided per every 30 to 40 linear feet.
[8]
Editor's Note: The TCR street standards, provided in Figure 2, are included at the end of this chapter.
[3]
Street trees should be tolerant of urban conditions,
especially salt and sand deposited with snow removal. Mulched tree
wells should be placed around the base of each tree for protection
and moisture retention.
[4]
Shrubbery shall be no higher than four feet
above existing street grades, nor shall any tree with foliage extend
below 10 feet above the established street grades. All landscaping
(trees, shrubs, planted beds) shall be maintained within 20 feet of
any street intersection or 10 feet of driveway/street intersections.
This restriction is for the purposes of maintaining visibility at
all times.
[5]
Where parking lots and drives abut the landscaped
strip along the street right-of-way, evergreen shrubs and/or a three-foot
stone wall, as approved by the Planning Board, should be provided
for screening. The screening should be a plant species that is a minimum
of three feet high and a maximum of six feet high and extend along
the entire street frontage of the parking lot, exclusive of driveways
and visibility lines.
[6]
Visibility. Street-level landscaping shall not
interfere with visibility and safety.
[7]
Street trees are a major means of providing
a pedestrian amenity as well as visual coherence. Property owners
shall have responsibility for planting and maintaining trees along
street frontage(s) within the Town's right-of-way.
[8]
Maintenance of landscaping within the Town's
right-of-way shall be the responsibility of the property owner.
(e)
Lighting. Streetlights and other lighting shall
be 10 to 15 feet in height. Lighting shall be metal halide or other
full-spectrum fixture and should avoid illumination above the horizontal
level into the night sky. All exterior lights shall be designed and
located in such a manner as to prevent objectionable light and glare
to spill across property lines.
(f)
Furniture and waste receptacles. Street furniture
and waste receptacles approved by the Planning Board should be provided
along street frontages.
(g)
On-street parking.
[1]
On-street parking arrangements within 500 feet
of each new building are strongly encouraged along TCB commercial
streets, as illustrated in the TCB street standards. See Figure 1.[9]
[9]
Editor's Note: Figure 1 is included at the end of this chapter.
[2]
On-street parking shall be permitted along residential
collector and access streets, as illustrated in the TCR street standards.
See Figure 2.[10]
[10]
Editor's Note: Figure 2 is included at the end of this chapter.
[3]
On-street parking along and adjacent to the
property frontage may apply toward the minimum parking requirements.
(2)
Site standards.
(a)
TCB site development.
[1]
Connections between the parking lots to the
rear and the main retail frontage are desirable. Wherever practical,
through-store passages should be provided.
[2]
The frequency of store entrances along commercial
Town Center streets is important in maintaining retail continuity
and viability. In new buildings, a maximum distance of 60 feet between
individual store entrances is encouraged.
[3]
Two- or three-story buildings are required for
the entire TCB District. Larger-scale, single-use facilities (conference
spaces, theaters, supermarkets or department stores, for example)
shall occur behind smaller-scale buildings or storefronts with pedestrian
orientation and may be one story with a two-story facade.
[4]
The ground floor should reinforce retail continuity
along specified street frontages within the TCB District (see the
Illustrative Plan). Second stories and above may be used for a mix
of residential, commercial, and/or office space.
[5]
Buildings should be brought up toward the right-of-way
line, consistent with the TCB street standards as shown in Figure
1 for the TCB District.[11]
[11]
Editor's Note: Figure 1 is included at the end of this chapter.
[6]
Balconies, bay windows and cornice features,
open porches, canvas-type awnings, and projecting signs may encroach
up to six feet into the front setback or up to six feet over the sidewalk
area above seven feet six inches.
[7]
The Planning Board may waive height and setback
requirements for landmark civic buildings, including government buildings,
churches, schools, or libraries, and for pedestrian-oriented places
such as plazas or outdoor eating areas.
(b)
TCR site development.
[1]
A variety of housing types from single-family
houses on lots of 6,000 square feet to 10,000 square feet to attached
townhouses and apartments are permitted, with an overall density of
up to 12 dwelling units per acre.
[2]
Side yard and rear yard setbacks for garages
or accessory structures shall be a minimum of six feet.
[3]
Access to driveways and garages should be from
the rear access drive. Any lot with a front driveway shall recess
the garage 20 feet from the front building line.
[4]
Balconies, bay windows, cornice features, and/or
open porches may encroach up to six feet into the front setback for
the TCR District.
[5]
Residential units should be located toward Route
55 to preserve the more rural qualities and open fields facing Lauer
Road and Todd Hill Road, as shown on the Illustrative Plan.
(c)
Parking.
[1]
Parking lots and garages shall be located to
the rear of a building wherever possible, and access to parking and
garages should be from a rear access lane.
[2]
Shared driveways should be used to access parking
lots behind buildings and facilitate fewer curb cuts. Shared driveways
and/or entrances for ingress and egress access between neighboring
buildings and parking lots is strongly encouraged for the TCB District.
[3]
Interior parking lot landscaping. Interior parking lots shall be landscaped in accordance with the off-street parking, loading and driveway standards (§ 240-42E) as determined necessary by the Planning Board.
[4]
Exterior parking lot landscaping. A landscaped
strip should be provided around the perimeter of parking lots, exclusive
of driveways. The landscaped strip should be a minimum of five feet
wide.
[5]
Each parking space shall be nine feet wide and
18 feet long, except handicap-accessible spaces that are to be eight
feet by 20 feet parking along with the required side aisle space (five
feet). Back-up and maneuvering aisles between rows of parking spaces
shall be at least 24 feet wide, except where the Planning Board approves
a lesser dimension as adequate to serve parking spaces arranged at
less than a ninety-degree angle or landscaped area.
[6]
The Planning Board may, at its sole discretion,
approve the joint use of a parking facility and allow a reduction
in the parking requirement of up to 30% for two or more principal
buildings or uses, either on the same, adjacent, or nearby parcels,
where it is clearly demonstrated that the reduction in spaces and
shared use of the parking facility will substantially meet the intent
of the parking requirements by reason of variation in time of use
by patrons or employees among such establishments (offset peak parking
demand). There shall be a covenant on the separate parcel or lot guaranteeing
the maintenance of the required off-street parking facilities during
the existence of the principal use. Such covenant shall be:
[a]
Executed by the owner of said lot
or parcel of land and by all other parties having beneficial use of,
or some other legal interest in, the property, such as, but not limited
to, a collateral or security interest;
[b]
Enforceable by any of the parties
having shared beneficial use of the facility; and
[c]
Enforceable against the owner,
the parties having beneficial use, and their heirs, successors and
assigns.
[7]
Parking spaces shall not exceed minimum requirements
unless clearly justified by parking generation data submitted by the
applicant.
[8]
Minimum off-street parking space requirements are found in § 240-35H(2)(c)[9] and § 240-42J. The Planning Board shall interpret these requirements in light of the design purposes of the Town Center Districts, and may reduce parking space requirements based on shared parking or availability of on-street parking. For single-family dwellings, garage parking spaces may be counted toward required parking spaces, provided that a homeowners' association's (HOA) restrictions, or other community restrictions, require the continued availability of such spaces for parking.
[Amended 8-27-2008 by L.L. No. 7-2008]
[9]
Minimum off-street parking space requirements apply to the following uses within the TCB District; all other uses within the TCB District apply to the parking requirements found in § 240-42J:
[Amended 8-27-2008 by L.L. No. 7-2008]
|
Use
|
Minimum Off-Street Parking Spaces
| |
|---|---|---|
|
Retail or service business
|
1 for each 275 square feet of gross floor area
| |
|
Restaurant
|
1 for each 250 square feet of gross floor area
| |
|
Office for business or professional use
|
1 for each 275 square feet of gross floor area
| |
|
Apartments within a mixed-use building
|
1.65 spaces per unit
| |
|
Carriage units
|
1 space per unit
| |
|
Hotel
|
1 per key
|
[10]
Waiver of improvement. Where the authority approving
a site plan or special permit application determines that less than
the required number of parking spaces will satisfy the intent of this
chapter, said Board may waive the requirement in part, but not in
excess of 50% of the number required according to this section. In
all cases, it shall be expressly demonstrated on the site plan that
sufficient space remains for the provision of the total amount of
off-street parking required, and the site plan shall bear such designation.
All such undeveloped parking space shall be used and maintained as
additional landscaped grounds until required for parking. Written
guarantees shall be submitted by the applicant for the eventual improvement
of any such spaces that may have been waived; these spaces must be
constructed by the property owner within six months of the date of
written notice to the property owner by the Planning Board that such
spaces have been determined as necessary and must be constructed.
Written guarantees and proposed designs of future parking shall be
shown on the site plan.
(d)
Landscaping.
[1]
Landscaping should be designed to avoid existing
overhead or underground utility lines. Where the location of existing
overhead or underground utility lines conflicts with the required
landscaping strip and tree planting, the Planning Board may approve
an alternate plan.
[2]
Required landscaping shall be permanently maintained
in a healthy growing condition at all times. The property owner is
responsible for regular weeding, the mowing of grass, irrigating,
fertilizing, pruning, and other permanent maintenance of all plantings
as needed.
[3]
Site trees should be no smaller than three-inch
caliper diameter at four feet in height. Density of site trees shall
be at the discretion of the Planning Board as determined necessary.
(e)
Lighting.
[1]
All exterior lights shall be designed and located
in such a manner as to prevent objectionable light and glare to spill
across property lines.
[2]
Exterior lighting should be architecturally
compatible with the building style, material, and colors. Cutoff fixtures
are preferred over cobra-type light fixtures and directional floodlights.
[3]
Streetlights and other lights shall be 10 to
15 feet in height, except pole lights in parking lots, which shall
be a maximum of 20 feet high.
(f)
Loading areas. Loading and delivery areas may
be shared between nearby uses and shall be determined by the Planning
Board on a case-by-case basis.
(g)
Mechanical equipment, garbage containers, and
electrical transformers. Mechanical equipment, garbage containers,
and electrical transformers should be concealed from public view on
all sides by architectural elements and/or landscaping satisfactory
to the Planning Board's approval.
(h)
Fencing and walls.
[1]
The design of fences and walls should be compatible
with the architecture of the principal building(s) and should use
similar materials.
[2]
All fences or walls 50 feet in length or longer,
and four feet in height or taller, should be designed to minimize
visual monotony by changing plane, height, material, or material texture,
or significant landscape massing.
[3]
Chain link fencing is discouraged.
(i)
Utilities.
[1]
Site design is predicated on connection to central
water and central sewer with improvements built by the private developer.
If access to central sewer is not immediately available, the project
should still be consistent with Town Center principles and standards
to accommodate a later connection to a central sewer system.
[2]
All new utilities shall be underground.
(j)
Open space. Where appropriate and practical,
new development should create public open spaces and should maintain
existing public open space.
(3)
Architectural standards.
(a)
The architectural standards are intended for buildings that are compatible with the design standards in § 240-35H(3). Design compatibility includes complementary building style, form, size, color, materials, and detailing. In reviewing projects, the Planning Board shall consider each of the following principal features contributing to the identity of buildings within the TCB and TCR Districts:
[1]
Size: the relationship of the project to the
site.
[2]
Scale: the relationship of the building to those
around it.
[3]
Massing: the relationship of the building's
various parts to each other.
[4]
Fenestration: the placement of windows and doors.
[5]
Rhythm: the relationship of fenestration, recesses,
and projections.
[6]
Setback: the relation of a building setback
to its immediate surroundings.
[7]
Materials: their compatibility with other buildings
constructed under the Town Center standards in the Town Center District.
[8]
Context: the overall relationship of the project
to its surroundings.
(b)
The following architectural design concepts
are encouraged:
[1]
Street-level continuity of shopfronts.
[2]
Street-level expression line, visually tying
together the retail base and separating the upper stories.
[3]
Diversity of architectural design should be
encouraged.
[4]
Multiple buildings on the same lot should be
designed to create a cohesive visual relationship between the buildings.
[5]
Blank wall areas and long, uninterrupted rooflines
shall be avoided and should exhibit more detail and elements appropriate
for close-range pedestrian view. Building surfaces over 50 feet in
length should be relieved with changes of wall plane (i.e., recesses
and projections) that provide strong visual interest.
[6]
All sides of a building may have an impact on
its surroundings and should be considered for treatment with an architectural
finish. Architectural features, materials, windows, and articulation
of a facade of a building should be continued on all sides visible
from a street or public parking areas.
[7]
Exterior building materials on the primary structure
should not include smooth-faced concrete block, tilt-up concrete panels,
or prefabricated steel panels, highly reflective, shiny, or mirrorlike
materials, mill-finish (noncolored) aluminum metal windows or door
frames; exposed, unfinished foundation walls; exposed plywood or particle
board; and unplastered, exposed concrete masonry blocks.
[8]
Facade colors should be low-reflectance colors.
High-intensity colors, metallic colors, black, or fluorescent colors
should not be used. Building trim and accent areas may feature brighter
colors.
[9]
Building colors should be carefully chosen so
that each building's color complements that of its neighbors.
[10]
The scale of a building should be compatible
with the surrounding buildings.
[11]
Pitched roofs with gables/dormers or symmetrically
shaped parapet roofs are encouraged.
[12]
Consideration should be given to the height
of the cornice line or other expression lines.
[13]
The use of canvas-type awnings on buildings
is recommended to provide protection from sun, wind, and rain and
to improve the aesthetics of the building exterior.
[14]
Existing structures, if deemed historic or architecturally
significant, should be protected from demolition or incompatible adjacent
development.
[NOTE: Section 240-36 is repealed effective upon the adoption of Town of LaGrange Local Law No. 7-2016, with the exceptions to repeal that are identified within Section 3 of said Local Law No. 7-2016.[1]] [Added 12-14-2016 by L.L. No. 7-2016]
A.
Statement of intent. The Senior Citizen Housing District
(SCHD) is established to allow potential amendment of the Zoning Map
to provide housing opportunities and options for senior citizens in
the Town of LaGrange. It is the intent of this section:
(1)
To make possible, as deemed suitable by the Town Board
in the exercise of legislative discretion, the development on a single
site of flexible housing alternatives across a range of unit prices,
styles, and specialized accommodations for senior citizens;
(2)
To ensure that such developments include services
and facilities to accommodate resident needs; and
(3)
To minimize detrimental effects on other properties.
B.
Objectives. The specific objectives of this section
are:
(1)
To consider flexible housing options on appropriate
large sites for senior citizens in order to give such residents the
opportunity to remain in the community close to family and friends.
(2)
To consider appropriate sites for the development
of such housing in locations convenient to social and medical facilities,
retail shops, public transportation and other necessary services.
(3)
To consider, within the boundary of the development,
appropriate social, recreational and other facilities that will contribute
to the independence and meaningful activity of senior citizens.
(5)
To regulate the site layout, design, nature and density
of senior citizen housing developments, and their relationship to
adjoining uses, so as to provide ample outdoor living and open space
for residents and to minimize detrimental effects on the surrounding
neighborhood and environment.
C.
General provisions.
(1)
A Senior Citizen Housing District is a floating zone
created by amendment of the Town's Official Zoning Map through exercise
by the Town Board of the procedures set forth in this section. The
following zoning districts are eligible hosts for the floating zone:
RFD.
[Amended 9-10-2014 by L.L. No. 4-2014]
(2)
In a Senior Citizen Housing District, no building,
structure, premises or part thereof shall be used or occupied, and
no building or structure shall be erected, enlarged, converted or
altered, unless consistent with this section.
D.
Permitted uses.
(1)
Principal uses. The following uses are permitted in
a Senior Citizen Housing District subject to site plan approval from
the Planning Board:
(a)
Senior housing residences with a diverse range
of dwelling types, such as, but not limited to, detached single- and
two-family houses, and attached townhouses, condominium or apartments
mixed together for a moderate- to high-density compact pattern of
development that should include, or include the potential for, enriched
or assisted living options beneficial to senior citizens, together
with strong pedestrian elements to create a walkable environment.
(2)
Accessory uses. The following accessory uses are permitted
in a Senior Citizen Housing District subject to site plan approval
by the Planning Board:
(a)
Accessory uses, including buildings and facilities,
that are reasonably necessary to meet the proper maintenance, administration,
security, off-street parking, storage, fencing and utility system
needs of the development.
(b)
The following accessory uses are mandatory and
shall constitute facilities that are restricted in their use to residents
of the development and their guests:
[1]
A community center, including meeting rooms,
multipurpose rooms, lounges, lobby areas, lounge areas, public bathrooms
and other similar common spaces, such as exercise rooms, libraries
or other similar indoor recreation or leisure facilities.
[2]
Outdoor sitting areas, game areas, walking trails
or other similar outdoor recreation or leisure facilities.
(c)
The following accessory uses are permitted,
provided that such facilities are managed as part of the building
or complex of buildings and restricted in their use to residents of
the building or building complex and their guests, and further provided
that there are no external advertising signs for such facilities:
[1]
A common kitchen and dining room;
[2]
A beauty shop and/or barbershop;
[3]
A self-service laundry;
[4]
A convenience shop for daily needs, such as
food items, prescription and nonprescription drugs, newspapers and
small household items and similar items;
[5]
A coin-operated vending machine room;
[6]
Office space for a facility manager, programs
coordinator, medical infirmary or clinic, or delivery of social services.
E.
Occupancy restrictions. Occupancy of dwelling units
within a Senior Citizen Housing District shall be for residential
purposes only. Occupancy restrictions shall be the subject of restrictive
covenants of record that are enforceable by the Town. Occupancy shall
be limited to elderly families as defined and described below:
(1)
"Elderly family" defined. For purposes of this section,
an elderly family shall consist of:
(a)
A single person 55 years of age or older;
(b)
Two or three persons, all of whom are 55 years
of age or older;
(c)
A married couple, the husband or wife of which
is 55 years of age or older;
(d)
One child residing with a parent who is 55 years
of age or older, provided that said child is over the age of 18;
(e)
The surviving spouse of a person 55 years of
age or older, provided that the surviving spouse was duly registered
as a resident of the development at the time of the elderly person's
death; or
(f)
One adult 18 years of age or older residing
with a person who is 55 years of age or older, provided that said
adult is essential to the long-term care of the elderly person as
certified by a physician duly licensed in New York State.
(2)
Temporary occupancy.
(a)
The surviving child of a person 55 years of
age or older may continue to reside in the development for a period
of six months following the death of the elderly or physically handicapped
person, provided that said child was duly registered as a resident
of the development at the time of the elderly or physically handicapped
person's death.
(b)
Guests. Temporary occupancy by guests of families
who reside in a Senior Citizen Housing District shall be permitted,
provided that such occupancy does not exceed a total of 30 days in
any calendar year.
(3)
Exceptions. Notwithstanding the provisions of this
section, one unit in a Senior Citizen Housing District development
may be occupied by a building superintendent or project manager and
his/her family.
F.
Lot and bulk requirements. The following specific
lot and bulk requirements shall apply to development projects within
a Senior Citizen Housing District:
(1)
The minimum project area shall be 100 acres of land
or more, regardless of division of public streets or highways, if
all portions are under common ownership.
(2)
Open space. At least 40% of the entire tract must
be restricted by conservation easement as permanent open space. Any
land that has been mapped as a Preservation Overlay Zone will be permanently
set aside as open space or otherwise protected. All open space set
aside will comply with the standards and requirements set forth in
§ 240-32(A)(7)(e)[1] through [4].
(3)
Maximum residential density. In order to provide flexibility
for senior citizen housing options, residential density shall be administered
in terms of density units, which shall consist of bedrooms, i.e.,
one bedroom shall constitute one density unit. Density units, once
established by rezoning, may be allocated among a flexible range of
housing opportunities and options for senior citizens as set forth
in plans submitted with the application to amend the Zoning Map or
within any subsequent applications to the Town Board to modify an
earlier SCHD designation. The maximum number of density units (bedrooms)
for an SCHD project shall be no more than 12 times the number of single-family
residential units to which the property might be entitled, as preliminarily
determined by the Planning Board, for a "standard plan" residential
development as that term is defined in § 240-32A(4)(a) of
this chapter. This density unit standard represents a cap or ceiling
above which the project would not be eligible to apply for SCHD rezoning,
and the Town Board maintains sole and absolute legislative discretion
in determining any lesser number of density units.
(4)
In the event the Town Board modifies the Zoning Map to establish an SCHD district, the Planning Board shall apply the design standards found in § 240-35 of this chapter as it applies to residential development, with the exception of any provisions that are inconsistent with the standards set forth in this section, and the Planning Board shall use in particular § 240-28, Schedule B4, as it applies to residential development.[2]
[2]
Editor's Note: Schedule B4 is attached to this chapter as part of Appendix B.
G.
Procedure for establishment.
(1)
Application. Petitions for the establishment of a
Senior Citizen Housing District by amendment of this chapter shall
be made, in writing, to the Town Board after the Planning Board has
determined the "standard plan" count. Application shall be made by
the owner(s) of the land(s) to be included in the district or by a
person or persons possessing written contract or option rights to
purchase the lands. In the event that an application is made by a
person or persons holding rights to purchase the lands, the application
shall be accompanied by a statement signed by all owners of such land
indicating concurrence. Upon submission of a complete application,
the Town Board shall refer the application to the Planning Board for
recommendation.
(2)
Application materials. The applicant shall submit
a conceptual development plan of sufficient detail as shall be determined
by the Town Board. The preliminary plan to be complete shall consist,
at a minimum, of the following:
(a)
A metes and bounds description of the proposed
district.
(b)
A survey of the parcel, prepared and certified
by a licensed land surveyor.
(c)
A map drawn to scale showing existing conditions
of the parcel, including:
[1]
The name and address of the owner of record
and applicant, if different.
[2]
The name of the person or firm preparing the
map.
[3]
The date, North arrow and scale.
[4]
The names, addresses and tax map parcel numbers
of owners of all parcels within 500 feet of the subject property.
Also, mailing labels for all property owners of parcels within 500
feet of the subject parcel(s).
[5]
The acreage of the parcel and the county Tax
Map number.
[6]
The boundaries of the parcel plotted to scale.
[7]
The location and width of existing and proposed
state, county or Town highways or streets and rights-of-way abutting
or within 200 feet of the parcel.
[8]
The approximate location and outline of existing
structures both on the parcel and within 100 feet of the property
line.
[9]
The location of any existing storm or sanitary
sewers, culverts, waterlines, hydrants, catch basins, manholes, etc.,
as well as other underground or aboveground utilities within or adjacent
to the parcel.
[10]
The existing zoning and location of zoning boundaries.
[11]
The approximate location and outline of existing
water bodies, streams, marshes or wetland areas and their respective
classification as determined by the appropriate governmental regulatory
body.
[12]
The approximate boundaries of any areas subject
to flooding or stormwater overflows.
[13]
The location and outline of existing vegetation
clusters (for a distance of 50 feet onto adjoining property).
[14]
The identification of any other significant
natural feature.
(d)
A proposed preliminary plan, drawn approximately
to scale, clearly showing the following:
[1]
The approximate location and dimensions of principal
and accessory buildings on the site, their relationship to one another
and to other structures in the vicinity, as well as the number of
dwelling units by housing type and size, plus a calculation of the
density units.
[2]
The approximate location and dimensions of vehicular
traffic circulation features of the site, including proposed roadways,
internal driveways, parking and loading areas and proposed access
to the site.
[3]
The approximate location and nature of pedestrian
circulation systems, open space and outdoor recreation areas on the
site.
[4]
The proposed source of water supply and method
of delivery to the site.
[5]
A general plan for the collection and disposal
of sanitary wastes from the site.
[6]
A general plan of proposed stormwater management
facilities.
[Amended 10-24-2007 by L.L. No. 4-2007]
[7]
Preliminary identification of areas which will
be disturbed and areas which will remain undisturbed by project implementation.
(e)
A vicinity map showing the proposed use in relation
to adjoining uses, transit service, grocery stores, community facilities,
social service facilities, medical facilities and pharmacy and religious
institutions.
(f)
Preliminary architectural treatment of buildings.
(3)
Initial review.
(a)
In its review of the application, the Town Board
may, in lieu of rejection of the application, suggest such changes
in the preliminary plans as are found to be necessary or desirable
to meet the requirements of this section, to protect the established
or permitted uses in the vicinity and to promote the orderly growth
and sound development of the community. The Town Board may notify
the applicant of such changes and may discuss the changes with the
applicant. The suggestion of changes by the Town Board shall not constitute
a waiver of its legislative discretion to reject or to deny the rezoning
application.
(b)
If the Town Board decides to consider such a
petition, it shall transmit a copy of the petition, statement and
conceptual site plan to the Planning Board for a recommendation and
report. The Planning Board must officially respond to the Town Board's
request within 90 days, unless the Planning Board requests an extension.
(4)
Town Board review.
(a)
Upon receipt of a recommendation from the Planning
Board, the Town Board may schedule and hold a public hearing. Alternatively,
the Town Board may reject the application.
(b)
Following completion of the public hearing,
the Town Board may act to approve, approve with modifications or conditions,
or disapprove the rezoning application in the exercise of its sole
legislative discretion. Approval shall result in amendment of the
Zoning Map established by this chapter.
(5)
Criteria for rezoning to Senior Citizen Housing District.
In making findings and in determining whether or not to amend the
Zoning Map for an SCHD district, the Town Board shall consider, together
with the intent and objectives of this section, whether the proposed
district and conceptual development meet the following criteria:
(a)
The site shall be served by both public water
and public sanitary sewer facilities, and said facilities shall be
adequate to accommodate the additional demand placed upon them by
the proposed development.
(b)
The site shall be well drained, and stormwater
generated by development of the site shall not place an undue burden
on existing facilities or contribute to downstream flooding.
(c)
The site shall be located in an area suitable
for the proposed residential density and shall be reasonably free
of objectionable conditions such as odors, noise, dust, air pollution,
high traffic volumes, incompatible land uses and other environmental
constraints.
(d)
The site should be located within reasonable
proximity to public transportation service, or in the alternative,
shuttle bus or other transportation service shall be available to
the site.
(e)
The site shall be located such that access to
the site can be obtained from a public street that meets current engineering
standards of the Town with respect to roadway width and alignment
and acceptable sight distances can be developed at the site entry/exit
and at intersections in the vicinity of the site.
(f)
The architectural style of the proposed development,
exterior materials, finish and color shall be consistent with the
existing community and neighborhood character.
(g)
The development of the site shall not produce
undue adverse effects on the surrounding neighborhood.
(h)
The extent to which the scope and design of
the project will establish a worthwhile asset for this segment of
the community and the community as a whole.
(6)
Time limit on validity of rezoning. Any rezoning permitted
by this section shall be null and void and the zoning of the parcel
shall revert back to its original zoning classification by a ministerial
redesignation on the Official Zoning Map by the Town Clerk, when directed
by the Town Board, unless actual construction, pursuant to a valid
building permit, is commenced within two years from the date of adoption
by the Planning Board of a resolution of site plan approval following
the rezoning.
(7)
Fee. An application fee shall be charged in the amount provided for in the relevant fee schedule prevailing at the time of application. Actual consultant expenses incurred by the Town at all stages of processing a project under this section shall be defrayed by the petitioner as provided within § 240-88 of this chapter.
H.
Site plan approval required. Following rezoning to create a Senior Citizen Housing District, site development plan review and approval by the Planning Board, pursuant to the generally applicable standards and procedures found with § 240-72 of this chapter, shall be required prior to the issuance of a building permit for development of any lot in a Senior Citizen Housing District.
I.
Conformity to preliminary plan required. The Planning
Board shall not approve any site development plan within a Senior
Citizen Housing District unless said Board finds that the site plan
is in substantial conformance with the preliminary plan that served
as the basis for the zone change to a Senior Citizen Housing District.
[1]
Editor's Note: Section 3 of L.L. No. 7-2016 stated that § 240-36 would remain in effect for the purpose of review of senior citizen housing district applications for which a preliminary plan had already been submitted and written acceptance of the application as viable for review of the project had already been given, and that in the event of final approval said projects would be deemed conforming uses under the LaGrange Town Code. The entirety of L.L. No. 7-2016 is on file and available for review in the Town offices.
[Added 12-28-2011 by L.L. No. 6-2011]
[NOTE: Section 240-36.1 is repealed effective upon the adoption of Town of LaGrange Local Law No. 7-2016, with the exceptions to repeal that are identified within Section 4 of said Local Law No. 7-2016.[1]] [Added 12-14-2016 by L.L. No. 7-2016]
A.
Statement of intent. The Alternative Senior Citizen Housing District (ASCHD) is established as an alternative to both § 240-36 for Senior Citizen Housing Districts and § 240-33 for Planned Development District. It is established to allow potential amendment of the Zoning Map to provide additional housing opportunities and options for senior citizens in the Town of LaGrange. It is the intent of this section to:
(1)
Make possible, as deemed suitable by the Town Board in the exercise
of its legislative discretion, the development on a single site of
senior citizen detached individual housing facilities, including supporting
recreational and social services located on the same site;
(2)
Ensure that such developments include services and facilities
to accommodate senior citizen resident needs;
(3)
Provide for recreational and social services which may include,
but are not limited to, on-site health-care counseling and education,
on-site community center/clubhouse, transportation services to health-care
facilities, accessory retail shopping, and social service facilities
that will contribute to the independent living and welfare of senior
citizens;
(4)
Limit such detached individual housing facilities to placement
on one lot with privately owned and maintained internal passageways
for vehicular and pedestrian circulation and parking; and
(5)
Minimize detrimental effects on other properties.
B.
Objectives. The specific objectives of this section are to:
(1)
Consider housing options on appropriate sites for senior citizens
in order to give such residents the opportunity to remain in the community
in detached dwellings which are close to family and friends;
(2)
Consider development of such housing that includes supporting
social service facilities on the same site;
(3)
Consider appropriate additional recreational and other facilities
on the same site that will contribute to the independence and meaningful
activity of senior citizens;
(4)
Promote the safety, convenience and sense of independence of
senior citizens through site design and housing unit design entailing
detached dwellings;
(5)
Create flexible regulation of site layout, design, nature and
density of senior housing developments.
C.
General provisions.
(1)
An Alternative Senior Citizen Housing District (ASCHD) is a
floating zone created by amendment of the Town's Official Zoning Map
through exercise by the Town Board of the procedures set forth in
this section. Such floating zone may be located in the R40-60-80 zone.
(2)
In an Alternative Senior Citizen Housing District, no building,
structure, premises or part thereof shall be used or occupied and
no building or structure or part thereof shall be erected, enlarged,
converted or altered unless consistent with this section.
D.
Permitted uses.
(1)
Principal uses. The following uses are permitted in an Alternative
Senior Citizen Housing District subject to site plan approval from
the Planning Board:
[Amended 5-23-2018 by L.L. No. 6-2018]
(2)
Accessory uses. The following accessory uses are permitted in
an Alternative Senior Citizen Housing District subject to site plan
approval by the Planning Board:
(a)
Accessory uses including buildings and facilities that are reasonably
necessary to meet the proper maintenance, administration, security,
off-street parking, storage, fencing and utility system needs of the
development;
(b)
The following accessory uses are mandatory and shall constitute
facilities for use by residents of the development and their guests,
and which may also be used for other residents in the community:
[1]
A community center/clubhouse including meeting
rooms, multipurpose rooms, lounges, lobby areas, lounge areas, public
bathrooms, and similar common spaces such as exercise rooms, libraries
or other similar indoor recreation or leisure facilities;
[2]
Outdoor sitting areas, walking trails, or other
similar passive outdoor recreation or leisure facilities.
(c)
The following accessory uses are permitted in nonresidential
buildings, provided that such facilities are managed as part of the
building or complex of buildings for use by residents of the building
or building complex and their guests, and further provided that there
are no external advertising signs for such facilities:
[1]
A common kitchen and dining room;
[2]
A beauty shop and/or barber shop;
[3]
A self-service laundry;
[4]
A convenience shop for daily needs such as food
items, prescription and nonprescription drugs, newspapers and small
household items and similar items;
[5]
A coin-operated vending machine room;
[6]
Office space for a facility manager, programs coordinator,
medical infirmary or clinic or delivery of social services.
E.
Occupancy restrictions.
(1)
Occupancy of dwellings within an Alternative Senior Citizen
Housing District shall be for residential purposes only. Occupancy
restrictions shall be the subject of restrictive covenants filed of
record with the Clerk of Dutchess County and which are enforceable
by the owner(s) of the underlying real property. As a condition of
any approvals, the owner(s) shall be obligated to the Town to enforce
the occupancy restrictions. The restrictive covenants shall be subject
to review and approval by the Town as a condition of any approvals.
At a minimum, the restrictive covenants shall include a clause entitling
the owner(s) to recover attorneys' fees incurred in efforts to enforce
violations of the restrictive covenants. As a condition of approvals
by the Town, any ground leases of real property to dwelling owners
or occupants shall include all of the occupancy restrictions set forth
below in this subsection, and shall provide that violations of any
occupancy restriction shall be a basis for the termination of the
ground lease and that the landlord under the ground lease shall be
entitled to recover reasonable attorneys' fees in proceedings necessary
to effect the termination and/or to recover possession of the real
property. The form of ground lease instrument shall be subject to
review and approval by the Town as a condition of any approvals. Occupancy
shall be limited to senior citizen families and individuals as set
forth below:
[Amended 12-14-2016 by L.L. No. 7-2016]
(a)
A single person 55 years of age or older;
(b)
Two or more persons all of whom are 55 years of age or older;
(c)
A married couple or other couple in a committed life-partner
relationship, in which one of the persons in the relationship is 55
years of age or older;
(d)
Children residing with a parent who is 55 years of age or older,
provided that any such child is over the age of 18;
(e)
The surviving spouse or partner of a person 55 years of age
or older, provided that the surviving spouse or partner was a resident
at the time of the death of the spouse or partner;
(f)
One adult 18 years of age or older residing with a person who
is 55 years of age or older, provided that the younger adult is essential
to, and actually serves, the long-term care of the senior citizen.
(2)
Temporary occupancy.
(a)
The surviving child of a person 55 years of age or older may
continue to reside in the development for a period of six months following
the death of the person 55 years of age or older, provided that such
child was residing in the development at the time of the older person's
death.
(b)
Temporary occupancy by guests shall be permitted, provided that
such occupancy does not exceed a total of 30 days in any calendar
year.
(3)
Exceptions. One unit in an Alternative Senior Citizen Housing
District development may be occupied by a building superintendent
or project manager or person with a similar title and his or her family.
F.
Lot and bulk requirements. The following specific lot and bulk requirements
shall apply to the development projects within an Alternative Senior
Citizen Housing District:
(1)
The minimum project area shall be 35 acres.
(2)
Open space.
(a)
At least 40% of the entire tract must be restricted by conservation
easement as permanent open space; provided, however, that such percentage
may be reduced by the Town Board to a lower percentage upon findings
made by the Town Board that:
[1]
An adequate offer of contribution to the Town of
land for open space in an acceptable location and size and in close
proximity to the proposed project;
[2]
If land contribution pursuant to Subsection F(2)(a)[1] above is not available, an adequate offer of monetary contribution to the Town by the project sponsor has been made to be utilized for the alternative acquisition of open space at another location in the Town deemed suitable by the Town Board; or
[3]
A combination of land and monetary contributions pursuant to Subsection F(2)(a)[1] and [2] above.
(b)
The discretionary reduction of on-site open space, in favor
of contribution of other open space land, or monetary contribution
to acquire other open space land, shall take into consideration, in
addition to such other factors as the Town Board finds relevant and
important to any particular proposal:
[1]
The extent to which either alternative form of
contribution furthers any official open space policy or plan of the
Town which identifies desirable areas for open space protection;
[2]
The proximity to the subject site of existing municipal
recreational lands or private lands encumbered by covenants tending
to preserve open space;
[3]
Whether the subject site enjoys existing, but unexercised,
land use development approvals and the extent of open space preservation
forming a part of those existing land use approvals; and
[4]
Whether the subject site includes significant bodies
of water, or similar features, which contribute to a sense of open
space although not constituting physical land which is capable of
development rather than serving as open space.
(3)
Maximum residential density. The maximum number of dwelling
units (density) shall be four dwelling units per acre. Total acreage,
without subtracting for wetlands, flood areas or steep slopes or other
constrained conditions shall be used for purposes of computing maximum
permissible density. Dwelling units may include up to but are not
to exceed three bedrooms per dwelling unit.
(4)
The Planning Board shall have full flexibility and authority
to approve a site plan subject only to such specific lot and bulk
requirements as are set forth in this section. All other lot and bulk
requirements for such site plan shall be as determined by the Planning
Board to be appropriate for the design of an attractive and safe development
consistent with the purposes of this section.
[Amended 5-23-2018 by L.L. No. 6-2018]
(5)
In addition to the density limitation of not more than four
dwelling units per acre, there shall be a minimum of 6,000 square
feet of leased land area per dwelling unit. The front of each dwelling
unit and accessory building shall have a minimum separation from the
lease lines of any other portion of the property on which a dwelling
unit is located of 20 feet. The rear of each dwelling unit and accessory
building shall have a minimum separation from the lease lines of any
other portion of the property on which a dwelling unit is located
of 20 feet. The sides of each dwelling unit and accessory building
shall be a minimum of 7.5 feet from the lease lines of any portion
of the property on which a dwelling unit is located. Measurements
shall be from the foundation line. The project shall have maximum
building coverage of 25% and a maximum impervious land cover of 40%.
Such percentages shall be computed based on the entire parcel referred
to as the parent parcel.
G.
Procedure for establishment.
(1)
Petitions for the establishment of an Alternative Senior Citizen
Housing District by amendment of this chapter shall be made in writing
to the Town Board. Applications shall be made by the owner or owners
of the land proposed to be included in such district or by a person
or persons possessing written contract or option rights to purchase
such lands. In the event that an application is made by a person or
persons holding contract or option rights to purchase the lands, the
application shall be accompanied by a statement signed by the owner
or owners granting authority on the part of such applicant to make
the application. Upon submission of a complete application, the Town
Board shall refer the application to the Planning Board for recommendation.
(2)
Application materials. The applicant shall submit a conceptual
development plan of sufficient detail as shall be determined by the
Town Board. The conceptual development plan shall consist, at a minimum,
of the following:
(a)
A metes and bounds description of the proposed district;
(b)
A survey of the land prepared and certified by a licensed land
surveyor;
(c)
A map drawn to scale showing existing conditions of the parcel,
including:
[1]
The name and address of the owner of record and,
if the applicant is not the owner, then also the applicant;
[2]
The name of the person or firm preparing the plan;
[3]
The date, north arrow and scale of the plan;
[4]
The names, addresses and tax map parcels of owners
of all parcels within 500 feet of the subject property. The applicant
shall include mailing labels for all property owners of parcels within
500 feet of the subject parcel;
[5]
The acreage of the parcel and the tax number or
numbers;
[6]
The location and width of existing and proposed
state, county or town highways or streets and rights-of-way abutting
or within 200 feet of the parcel;
[7]
The approximate location and outline of existing
structures both on the parcel and within 100 feet of the property
line;
[8]
The location of any existing storm or sanitary
sewers, culverts, water lines, hydrants, catch basins, manholes and
other visible infrastructure as well as other utilities within or
adjacent to the parcel;
[9]
The existing zoning of the parcel;
[10]
The approximate location and outline of existing
water bodies, streams, marshes or wetland areas and their respective
classification as determined by the appropriate governmental regulatory
body;
[11]
The approximate boundaries of any areas subject
to flooding or stormwater overflows;
[12]
The location and outline of existing vegetation
clusters (for a distance of 50 feet onto adjoining property);
[13]
The identification of any other significant natural
features.
(d)
The conceptual development plan, drawn approximately to scale,
shall clearly show the following:
[1]
The approximate location and dimension of proposed
principal and accessory buildings on the site and their relationship
to one another, and to other structures in the vicinity, as well as
the number of dwelling units by housing type and size;
[2]
The approximate location and dimensions of vehicular
traffic circulation features of the site, including proposed roadways,
internal driveways, parking and loading areas, and proposed access
to the site;
[3]
The approximate location and nature of pedestrian
circulation systems, open space, and outdoor recreation areas on the
site;
[4]
The proposed source of water supply and method
of delivery to the site;
[5]
A general plan for the collection and disposal
of sanitary waste from the site;
[6]
A general plan of proposed stormwater management
facilities;
[7]
Preliminary identification of areas which will
be disturbed and areas which will remain undisturbed by project implementation.
(e)
A vicinity map showing the proposed use in relationship to adjoining
uses, transit services, food stores, community facilities, social
service facilities, medical facilities and pharmacy and religious
institutions.
(f)
Preliminary architectural treatment of buildings.
(3)
Initial review.
(a)
In its review of the application, the Town Board may suggest
such changes in the conceptual plan as are found to be necessary or
desirable by the Town Board in order to meet the requirements of this
section. The Town Board may notify the applicant of such changes and
may discuss such changes with the applicant. The suggestion of changes
by the Town Board shall not constitute a waiver of its legislative
discretion to reject or deny the rezoning application;
(b)
If the Town Board decides to consider such a petition, it shall
transmit a copy of the petition and conceptual development plan to
the Planning Board for a recommendation and report. The Planning Board
shall respond to the Town Board's request within 60 days, unless the
Town Board agrees to an extension of such time.
(4)
Town Board review.
(a)
Upon receipt of a recommendation from the Planning Board, the
Town Board may schedule and hold a public hearing. Alternatively,
the Town Board may reject the application.
(b)
Following completion of the public hearing, the Town Board may
act to approve, approve with modifications or conditions, or disapprove
the rezoning application in the exercise of its sole legislative discretion.
Approval shall result in amendment of the Zoning Map established by
this chapter.
(5)
Criteria for rezoning to Alternative Senior Citizen Housing
District. In determining whether or not to amend the Zoning Map for
an ASCHD, the Town Board shall consider, together with the intent
and objectives of this section, whether the proposed district and
conceptual development plan meet the following criteria:
(a)
The site shall be served by both public water and public sanitary
sewer facilities and such facilities shall be adequate to accommodate
the additional demand placed upon them by the proposed development;
(b)
The site shall be well drained and stormwater generated by development
of the site shall not place an undue burden on existing facilities
or contribute to downstream flooding;
(c)
The site shall be located in an area suitable for the proposed
residential density and shall be reasonably free of objectionable
conditions such as odors, noise, dust, air pollution, traffic volumes
beyond the capacity of the existing road system or proposed road improvements,
and other environmental constraints;
(d)
The site shall be located in a manner that allows access to
the site from a public street that meets current engineering standards
of the Town with respect to roadway width and alignment, and acceptable
sight distances can be developed at the site entry/exit and at intersections
in the vicinity of the site;
(e)
The architectural style of the proposed development, exterior
materials, finish and color shall be consistent with the character
of a one-family residential neighborhood;
(f)
The development of the site shall not produce undue adverse
effects on the surrounding neighborhood;
(g)
The extent to which the scope and design of the project will
establish a worthwhile asset for this segment of the community and
the community as a whole.
(h)
Provide benefits that serve the Town of LaGrange in addition
to service of the site itself, including, but not limited to dedication
of areas on the site for public use, public sanitary sewer facilities
sufficient to serve or be expanded to serve neighboring off-site residences
having existing sanitary sewer problems, and social service facilities,
including health facilities sufficient to serve not only the development
but the surrounding neighborhood.
(6)
Time limit on validity of rezoning. Any zoning permitted by
this section shall be null and void and the zoning of the parcel shall
revert back to its original zoning classification by a ministerial
designation on the Official Zoning Map by the Town Clerk, when directed
by the Town Board, unless actual construction, pursuant to an approved
site plan and a valid building permit, is commenced within two years
from the date of adoption by the Planning Board of a resolution of
site plan approval following the rezoning.
(7)
Fee. An application fee shall be charged in the amount provided for in the relevant fee schedule prevailing at the time of application. Actual consultant expenses incurred by the Town at all stages of processing a project under this section shall be defrayed by the applicant as provided within § 240-88 of this chapter.
(8)
Site plan approval. Following a zoning amendment to create an
Alternative Senior Citizen Housing District, site plan review and
approval by the Planning Board, subject to the flexible standards
set forth in this section, shall be required prior to the issuance
of a building permit for development. All site plan standards set
forth in this chapter shall be applicable except as otherwise provided
in this section. Site plan approval shall include a determination
of the required layout and composition of internal passageways for
vehicular and pedestrian circulation and parking. The Planning Board,
in consultation with the Town Engineer, shall authorize such internal
passageways for vehicular and pedestrian circulation and parking as
provide for safe, adequate and convenient vehicular and pedestrian
circulation and parking. The Highway Superintendent shall be consulted
by the Planning Board to review and make recommendations on any direct
public safety impacts related to the design, layout and composition
of the proposed internal passageways proximate to their intersections
with public highways. The site plan approval may authorize alternative
building layouts within each leased land area, provided, however,
that any such alternative building layout must be in compliance with
the provisions of this section, including, but not limited to, the
density, bulk and area requirements of this section.
[Amended 5-23-2018 by L.L. No. 6-2018]
(9)
Conformity to conceptual development plan. The Planning Board
shall not approve any site plan within an Alternative Senior Citizen
Housing District unless said Board finds that the plan is in substantial
conformance with the conceptual development plan that was submitted
to the Town Board and that served as the basis for the zone change
to an Alternative Senior Citizen Housing District.
[Amended 5-23-2018 by L.L. No. 6-2018]
[1]
Editor's Note: Section 4 of L.L. No. 7-2016 stated that § 240-36.1 would remain in effect for the purpose of review of alternative senior citizen housing district applications for which a preliminary plan had already been submitted and written acceptance of the application as viable for review of the project had already been given, and that in the event of final approval said projects would be deemed conforming uses under the LaGrange Town Code. The entirety of L.L. No. 7-2016 is on file and available for review in the Town offices.
A.
Purpose; conflict with other provisions.
(1)
The Planned Office (PO) District is intended to provide
a focal point for office development, such as in an office campus
environment with streets lined with sidewalks, with high proportions
of open space and with high proportions of site amenities, including
landscaping and building architecture that complements the visual
appearance of the location. The major objectives of the PO District
are:
(a)
To provide a location for economic development
through the planned integration of clustered office uses (in an office
campus setting) and supporting ancillary uses serviced by public water
and sewers.
(b)
To facilitate economic development within the
Town that is compatible with adjacent uses and that includes specific
landscaping, circulation, parking, signage, utility and architectural
standards.
(c)
To preserve natural resources and open space.
(2)
The provisions of this section, when in conflict,
shall take precedence over other sections of the Zoning Law.
B.
Location of PO District. As per § 240-22, the location of the PO District is shown on the map entitled "Zoning Map of the Town of LaGrange," adopted and certified by the Town Clerk.
C.
Permitted uses and specially permitted uses applicable in this district are set forth in § 240-27, Schedules of Permitted Uses and Special Permit Uses, included at the end of this chapter.
D.
Bulk requirements. The lot area, building location, bulk and other area and dimensional standards applicable in this district are set forth in § 240-28, Schedule of Bulk Regulations and Coverage Limitations, included at the end of this chapter.
E.
Planning Board review of projects in PO District.
(1)
The design standards of this section are intended
to provide guidance to the Planning Board in its review of projects
within the PO District. It is the intent of these standards to provide
the Planning Board and applicants with guidance as to favored forms
and principles of site design.
(3)
The Planning Board may, in its discretion, vary any site plan requirements contained in § 240-37 to assure substantial compliance with the intent of this provision while relieving the applicant of undue or oppressive burden or hardship in obtaining approval. Modification of those standards that are mandatory shall be accompanied with written finding that such modifications are warranted and the reasons.
[Amended 5-23-2018 by L.L. No. 6-2018]
F.
Landscaping plan. Any application within the PO District
shall include a master landscape plan that identifies existing and
proposed landscape features (notable natural resources, such as wetlands,
ledges, steep slopes, etc., and notable man-made features, such as
stone walls, etc.). The quantity, location, size and types of existing
vegetation shall be provided, as shall the location, size, and type
of existing vegetation to be retained and the proposed vegetation
to be planted. Guidelines for their maintenance and upkeep shall also
be provided.
G.
Procedure. The applicant for a proposed office use shall apply to the Planning Board for, and obtain approval of, a detailed site plan pursuant to § 240-72. The Planning Board may require the petitioner to submit further or more detailed specifications for particular aspects of the proposed development. The Planning Board shall review such site plan and detailed specifications in accordance with the standards in § 240-72.
[Amended 5-23-2018 by L.L. No. 6-2018]
H.
Standards and criteria. The following standards and
criteria shall apply to all PO developments:
(1)
Open space. Usable open space, meaning land excluding
wetlands, floodplain or slopes and also excluding parking, roads,
driveways, buildings and structures, shall be available for tenants.
This open space area shall be a minimum of 35% of the gross lot area,
designated either through a conservation easement or fee simple open
space dedication.
(2)
Parking and loading. The provisions of § 240-42, Off-street parking, loading and driveway standards, shall apply except when the Planning Board may approve a lesser parking requirement if, after considering the proposed use and after receiving a traffic impact analysis that discusses the trip and parking generation rates anticipated at the site, the Planning Board finds that the availability of other parking in the area and/or other relevant factors make a lesser requirement appropriate. Shared parking between uses is permissible at the discretion of the Planning Board.
(3)
Access and circulation. The provisions of § 240-72F(1) shall apply.
(a)
The streets shall be designed, constructed, and maintained according to Chapter 199, Streets and Sidewalks, of the Town of LaGrange Code.
(b)
Provisions shall be made for pedestrian travel
within the development and shall provide for connections with existing
or planned pedestrian systems or allow for future extensions to activity
centers outside the development (i.e., parks, shopping areas, pedestrian
and/or bicycle trail networks, etc.). Sidewalks shall be required
along property frontage and along at least one side of any private
road or main driveway on the site. No sidewalks shall be required
on the side of a street without any buildings or driveways.
(c)
Sidewalk style. At the discretion of the Planning
Board, sidewalks may be provided in the proposed rights-of-way or
outside them, such as in a meandering path system that connects key
features within and adjacent to the development.
(4)
Screening and landscaping. The provisions of § 240-72F(8) shall apply.
(a)
A landscaped area shall be provided along both
sides of all streets within the PO District. Within the landscaped
area, one shade tree (minimum of three-inch caliper diameter at four
feet in height) should be provided per every 30 linear feet to 35
linear feet.
(b)
Street trees are a major means of providing
a pedestrian amenity as well as visual coherence. Property owners
shall have responsibility for planting and maintaining trees along
street frontage(s) within the public right-of-way. Street trees should
be tolerant of winter conditions, especially salt and sand deposited
with snow removal. Trees specified should also be drought tolerant.
Mulched tree wells should be placed around the base of each tree for
protection and moisture retention.
(c)
Visibility. Street-level landscaping shall not
interfere with visibility and safety. Shrubbery adjacent to streets
shall be no higher than three feet above existing street grades, nor
shall any tree with foliage have foliage that extends below 10 feet.
All landscaping (trees, shrubs, planted beds) shall be carefully planned
and restricted within 20 feet of any street intersection or 10 feet
of driveway/street intersections in order to achieve the purpose of
maintaining visibility at all times.
(d)
Where parking lots and drives abut the landscaped
strip along a street right-of-way, evergreen shrubs and/or a three-foot
stone wall, as approved by the Planning Board, should be provided
for screening. Evergreen screening should use plant species that are
a minimum of three feet and a maximum of six feet high, extending
along the entire street frontage for the length of the parking lot
and/or drive, exclusive of the aforementioned driveway and street
visibility lines.
(e)
Maintenance of landscaping within the public
right-of-way shall be the responsibility of the property owner.
(f)
A buffer of 100 feet shall be required where
a lot in this district abuts residentially zoned land. This required
buffer shall be densely planted with more than one row of a coniferous
species, approved by the Planning Board, with offset and overlapping
rows, and provide screening approaching at least 70% year round. The
permanent screen may also consist of a masonry wall, wood fence, earthen
berm, other landscaping material, or combinations thereof, at least
six feet in height and, when a fence is used, not to exceed six feet
in height. When landscaping is used a minimum height of six feet shall
be achieved within four full growing seasons. In the event a masonry
wall or wood fence is used, landscaping shall be placed between the
wall or fence and the property line to form an ornamental screen.
If wood fencing is used, it shall be durable in nature, treated to
prevent rapid deterioration, and installed with both sides finished.
The required screening and landscaping shall be maintained in good
order and not allowed to exist in a state of disrepair or death. Failure
to maintain the required screening and landscaping shall be considered
a violation of this chapter.
(g)
The applicant may request or the Planning Board
may recommend and approve less stringent screening and landscaping
requirements if, after considering topography, surrounding uses and
other relevant factors, less stringent screening and landscaping requirements
are deemed appropriate.
(5)
Outdoor deposit. The provisions of § 240-72F(7) shall apply.
(6)
Drainage. The provisions of § 240-72F(2) shall apply. In addition, it is allowable to provide on-site drainage within open space, provided that any stormwater management facilities above or below the ground are designed compatible with the open space and do not constitute more than 10% of the total open space area.
[Amended 10-24-2007 by L.L. No. 4-2007]
(7)
Signs. The provisions of § 240-43 shall apply.
(a)
Signs shall be consistent with proposed building
architectural treatment, with similar building materials and colors.
(b)
Different buildings or uses should attempt to
use the same signs, and there should be an attempt to provide for
similar-size shapes and colors on the signs within a development in
order to achieve architectural coherence.
(c)
The Planning Board may allow public purpose
directional signs, provided that they are located on the first floor
only.
(8)
Lighting. The provisions of § 240-72F(6) shall apply.
(a)
Outdoor signs should be lit from above, with
the light directed onto the sign. Signs in this district shall not
be lit internally.
(b)
Parking lot, pedestrian area and driveway fixtures
shall not exceed 12 feet high.
(c)
Streetlights should be on a human scale, with
heights not to exceed 15 feet.
(d)
All light fixtures should be fully shielded
and downward-directing to reduce glare and unnecessary spillage.
(e)
Lighting emissions from any development should
not extend beyond the site boundaries.
(f)
Metal halide lighting should be used in parking
lots, in pedestrian areas, and on streets wherever possible. Accent
lighting or decorative lighting is encouraged but should be of a low
wattage (less than 150 watts) and should not cast light upward.
(9)
Architecture. The provisions of § 240-72F(11) shall apply to all developments within the PO District. Additional architectural standards are provided herein to ensure that future development within the PO District maintains and enhances the character and scale of the surrounding community.
(a)
New office buildings shall incorporate noticeable,
distinguishing architectural elements on the first floor, such as
bays, columns, and divided windows, in order to appear as several
smaller sections, rather than one continuous, uninterrupted facade.
(b)
Buildings should incorporate visual separation
between the lower facade and the upper facade, as this creates a strong
orientation toward the pedestrian scale. Some design elements that
are successful in creating this separation include utilizing canopies,
varying textures, and varying window patterns.
(c)
Exterior materials should be durable and of
high quality. On facades that are easily visible from any street,
synthetic materials such as vinyl siding or concrete block are inappropriate.
Concrete block and glass (except in windows and doors) should be avoided.
Traditional materials such as wood, brick, stucco, and fieldstone
should be used whenever possible for new construction.
(d)
Roof design should be functional and in scale
and character with the building and neighborhood. Flat roofs are discouraged.
Roofs should not make up any more than 25% of the visible facade area
of the building. The cornice, parapets and dormers are areas where
architectural detail and materials are important, as they can add
distinctiveness and visual emphasis to a building.
(e)
Entrances should be articulated and oriented
toward the primary street. Architectural detail should be incorporated
into the ground facade in order to create an easily identifiable entrance.
Landscaping may also be provided in order to articulate the primary
building entrance.
A.
Purpose; conflict with other provisions.
(1)
Consistent with the 2005 Town of LaGrange Comprehensive
Plan, the intent of the Hamlet (H) Zoning District is to promote the
historic character and scale of the LaGrangeville, Billings, and Moores
Mills crossroad hamlet areas, typified by a traditional village development
pattern, including buildings of a modest size and scale, laid out
with a defined pattern of streets, alleys, and driveways, while allowing
a limited range of residential, commercial, and public uses. The District
permits small-scale mixed-use developments, interspersed with residential
uses, in a traditional neighborhood form within a residential setting.
Retail uses are limited to the ground floor, with building massing
provided close to the frontage, reflective of traditional village
settings. An emphasis is on the achievement of a pedestrian scale
on the reuse and preservation of existing buildings, particularly
historic structures, and on achieving limited infill development that
complements and is compatible with adjacent land uses.
(2)
The provisions of this section, when in conflict,
shall take precedence over other sections of the Zoning Law.
B.
Design principles. The primary objective of the H
District is to promote traditional, hamlet-style design in the historic
hamlets and mill villages of the Town. New buildings should relate
to the historical and architectural character of these "mini-hamlet"
areas as well as enhance the streetscape and unique aesthetic qualities
that currently exist. Specifically, the design principles for the
H District are to:
(1)
Provide a limited mix of housing and small business
opportunities in the historic hamlets.
(2)
Encourage infill development and the reutilization
of existing buildings, particularly those with historic or architectural
significance.
(3)
Allow buildings by the sidewalk and street edge (building
line), especially along alleys and local roads.
(4)
Promote pedestrian activity through a safe and walkable
environment.
(5)
Create tree-lined streets that are aesthetically pleasing,
where feasible.
(6)
Provide alleys, where feasible, as a means to provide
adequate access and circulation within a hamlet, while also providing
for and promoting slow traffic speeds and some compatible landscaping.
(7)
Minimize the visual impact of the automobile by focusing
site design on the central role of building, landscaping, open space,
and other amenities, such as recreation areas, and thereby manage
the placement of parking areas, such as providing these in the rear
of buildings and screening these from view with landscaping.
(8)
Create an interconnected street system for both pedestrian
and vehicular traffic.
(9)
Encourage the development of both on-street parking
on local roads and shared parking between nearby uses.
(10)
Provide diverse housing options.
(11)
Protect important natural and historic features.
C.
Location of H Districts. As per § 240-22, the location of the H Districts is shown on the map entitled "Zoning Map of the Town of LaGrange," adopted by the Town Board.
D.
Schedule of Permitted Uses. The schedule of permitted uses and specially permitted uses for the H District is found in § 240-27, in Schedules A1, A2 and A3, Permitted Uses and Special Permit Uses.[1]
[Amended 9-10-2014 by L.L. No. 4-2014]
[1]
Editor's Note: Schedules A1, A2 and A3 are attached to this chapter as Appendix A.
E.
Bulk requirements for H Districts. The bulk requirements for the H Districts are found in § 240-28, Schedule B2, Schedule of Bulk Regulations and Coverage Limitations, Nonresidential.[2]
[Amended 9-10-2014 by L.L. No. 4-2014]
[2]
Editor's Note: Schedule B2 is attached to this chapter as part of Appendix B.
F.
Planning Board review of projects in the H District.
(1)
Prior to submitting a formal application under this
section, it is strongly encouraged that the applicant request a preapplication
meeting with the Planning Board, Town Planner, Town Engineer, and
Zoning Administrator, at which point there should be a discussion
of the design objectives of the District, along with identification
of the design and engineering considerations of the site and the adjacent
neighborhood (review feature, such as existing patterns of settlement,
including buildings, roads, open space, and other natural resource
features, with identification of key features of the environment,
such as, but not limited to, recreational amenities, wetlands, stone
walls, etc.).
(2)
The design standards of this section are intended
to guide the Planning Board in its review of projects within the H
District. It is the intent of these standards to provide the Planning
Board and applicants with a framework as to favored forms and principles
of site design.
(4)
The Planning Board is empowered to require a mix of
uses in any H development project. In no case may a parcel have more
than five individual dwelling units or 12 bedrooms within a single
multifamily structure. In the cases where a multifamily unit is proposed,
the Planning Board shall consider the amount of usable open space
provided on the site or the usable public open space in the vicinity,
and it shall attempt to provide 100 square feet of usable open space
per bedroom or 10% of a lot as usable open space on site, unless the
Planning Board finds that there is an acceptable and satisfactory
public park or open space in the vicinity.
(5)
The developer shall provide assurance satisfactory
to the Planning Board that there will be adequate long-term management
and maintenance of all water and sewer facilities serving the site.
(6)
The Planning Board may, in its discretion, vary any site plan requirements contained in § 240-38 to assure substantial compliance with the intent of this provision while relieving the applicant of undue or oppressive burden or hardship in obtaining approval. Modification of those standards that are mandatory shall be accompanied with written finding that such modifications are warranted and the reasons.
[Amended 5-23-2018 by L.L. No. 6-2018]
(7)
Except for applications involving a one- or two-family
residence, the submission for development plan approval or special
permit shall include a master landscape plan for the site, identifying
the quantity, location, size, and types of existing vegetation and
identifying that which is to be retained, proposed plantings, details,
and the planting methods.
G.
Design standards. The following are the specific standards
for the H Districts:
(1)
Street standards.
(a)
Streetscape standards.
[1]
The street network should follow a generally
rectilinear pattern. In addition, there should be consideration of
the street layout as it connects to county and state roads in order
to provide for access management.
[2]
Streets shall be designed to:
[a]
Respect and follow existing terrain
as much as possible, to minimize earth moving and disruption of the
existing topography.
[b]
Be parallel to and preserve existing
tree lines, hedgerows, stone walls, and watercourses, with an attempt
to minimize disruption to these features.
[c]
Minimize the acreage devoted to
internal (grid) streets. As a general rule, new local two-way roads
should be 44 feet wide, constructed as follows: a travel way of 20
feet; two four-foot shoulders; two three-foot landscaped strips; and
two five-foot sidewalks. Alleys may be provided at a lesser standard,
provided that alleys are introduced in order to augment an existing
pattern of access by roads and driveways and/or in order to further
a design objective, such as providing a means for vehicular access
to the rear of a building. The minimum alley width shall be 20 feet.
[d]
Minimize alteration of natural,
cultural, or historic features.
[e]
Be aligned, where possible, so
that the "terminal vista" is of civic buildings, greenway land (greens,
commons, squares, or parks), or natural vistas or other visual amenities.
[f]
Promote ready and safe pedestrian
movement, including pedestrian through connections between streets
using sidewalks and trails when culs-de-sac are proposed.
[g]
Calm traffic speeds, such as through
the provision of complementary landscaping, including but not limited
to street trees.
[h]
Intersect at right angles whenever
possible, with preservation of adequate site lines (triangles) at
the intersection.
(b)
Sidewalks.
[1]
Sidewalks shall be no less than five feet wide
and shall be ADA compliant.
[2]
Sidewalks shall be constructed of paving brick,
concrete, concrete pavers, or concrete with brick paver borders. Asphalt
shall not be used.
[3]
Sidewalks shall create a linked network of walkways
connecting different uses, such as businesses and residences, with
parks or open space.
[4]
On low-traffic or one-way streets, sidewalks
should be placed next to parallel parking areas.
(c)
Hamlet streetscape landscaping.
[1]
Street tree landscaping shall be provided along
both sides of streets, unless there is an alley proposed that in the
Planning Board's judgment should be provided with a lesser standard
for street trees, including no street trees at all.
[2]
There should be one shade tree (minimum of three-inch
caliper at four feet in height) provided per every 30 linear feet
to 35 linear feet of street frontage. Existing street trees that are
judged to be healthy or otherwise deserving of protection should be
preserved to the maximum extent possible.
[3]
Street trees should be tolerant of salt and
sand deposited with snow removal and drought tolerant, should cast
moderate shade in summer, and should be of a type that branches at
least eight feet above ground level.
[4]
Property owners shall have responsibility for
planting and maintaining trees along street frontage(s) within the
Town's right-of-way.
(d)
Lighting. Streetlights shall be no more than
10 feet to 15 feet in height and utilize a downward facing fixture
that channels light onto the street and sidewalk and should be located
in such a manner as to prevent objectionable light and glare. Metal
halide lighting is preferred.
(e)
On-street parking.
[1]
At the discretion of the Planning Board, on-street
parking and parking proposed to be shared among multiple uses may
count toward the minimum number of parking spaces required for the
use on the lot.
[2]
On-street parking spaces shall be designed as
parallel to the curb on one or both sides of the street, with landscaped
breaks 10 feet wide every 200 feet.
[3]
On-street parking spaces shall measure eight
feet wide by 22 feet long.
(2)
Site standards.
(a)
Site development.
[1]
Multiple buildings and uses are permitted on
a lot in the H District.
[2]
The maximum nonresidential square footage per
structure shall equal 50% of the structure's total square footage,
or not more than 2,500 square feet, whichever is less. Multiple buildings
and uses are permitted on a lot in the H District.
[3]
The maximum building footprint per structure
is 5,000 square feet.
[4]
Connections between parking lots situated to
the rear and the retail frontage are desirable. Wherever practical,
sidewalks and/or walkways should be available to enable pedestrians
to safely move from parking located in the rear of the building to
the street front, and where applicable, through-store passages should
also be provided.
[5]
The ground floor should reinforce retail continuity
along specified street frontages. The frequency of store entrances
along streets is important in maintaining retail continuity and viability.
In new buildings, a maximum distance of 40 feet between individual
store entrances is encouraged.
[6]
The second and third stories of buildings may
be used for a mix of residential, commercial, and/or office space.
[7]
Nonresidential buildings shall have a maximum
front yard setback of 10 feet, to encourage an interesting pedestrian
environment.
[8]
Balconies, bay windows and cornice features,
and open porches are encouraged and may extend up to five feet into
the front yard setback.
[9]
The Planning Board may waive height and setback
requirements for landmark civic buildings, including government buildings
and churches.
[10]
A variety of housing types from single-family
houses to very small multifamily apartments are permitted, with an
overall density of up to seven dwelling units per acre. Housing above
ground-floor retail and/or commercial uses is encouraged.
[11]
Development density is predicated upon the provision of safe and adequate on-site (on-lot) sanitary wastewater (septic) systems or public sewer systems as defined in § 240-112. Any proposal shall comply with the site plan standard for sanitation [§ 240-72F(4)].
[Amended 5-23-2018 by L.L. No. 6-2018]
[12]
New developments should make use of existing
structures wherever possible and desirable, as determined necessary
by the Planning Board. Rehabilitation of historic structures should
be conducted in conformance with the Secretary of the Interior's Standards
for Rehabilitation and Guidelines for Rehabilitating Historic Buildings.
(b)
Driveways and parking.
[1]
Parking lots and garages shall be located to
the rear of a building wherever possible.
[2]
In order to facilitate fewer curb cuts, shared
driveways should be encouraged. Provisions satisfactory to the Planning
Board shall be made with respect to the ownership, use, operation,
and maintenance of all common driveways. Such responsibilities shall
be documented in a legal instrument that assures the continued layout,
maintenance, and upkeep of the common drive as intended by the owners
and successors.
[3]
Driveways serving a mix of uses and two-way
traffic should be 22 feet wide. The Planning Board may require a traffic
analysis performed at the expense of the applicant to inform its decision.
[4]
Except for single-family and two-unit residences, interior parking lots shall be landscaped in accordance with the off-street parking, loading and driveway standards (§ 240-42E) as determined necessary by the Planning Board.
[Amended 12-14-2016 by L.L. No. 15-2016[3]]
[3]
Editor's Note: This local law also repealed former Subsection
G(2)(b)[5] through [8] and [10] and renumbered former Subsection G(2)(b)[9]
as [5].
(c)
Open space.
[1]
In cases where more than one dwelling is situated
on a lot, a minimum of 10% of the lot should be open space.
[2]
Open space may be landscaped and may be provided
with improvements, such as pedestrian plazas, benches, recreational
facilities such as courts, and/or playground equipment, although it
should not contain parking, driveways, or stormwater utilities.
(d)
Site landscaping. (in addition to the streetscape standards provided in Subsection G(2)(a) and (b) above).
[1]
Required landscaping shall be permanently maintained
in a healthy growing condition at all times by the property owner
or its assign.
[2]
Site trees should be no smaller than three-inch
caliper diameter at four feet in height at the time of planting. The
density of site trees shall be at the discretion of the Planning Board
as determined necessary.
[3]
Species shall be drought and salt tolerant,
and there should be consideration of how to provide for the stockpiling
of snow in relation to landscaping.
(e)
Lighting (in addition to the streetscape lighting standards in Subsection G(1)(d) above).
[1]
All exterior lights shall be designed and located
in such a manner as to prevent objectionable light and glare to spill
across property lines.
[2]
Exterior lighting should be architecturally
compatible with the building style, material, and colors.
[3]
Driveway parking lot lights and other lights
shall be 10 feet to 15 feet in height. Cutoff fixtures are preferred
over cobra-type light fixtures and directional floodlights.
[4]
Accent or decorative lighting for buildings,
walkways, and landscaping is encouraged but shall consist of incandescent
bulbs of no more than 100 watts and shall be focused directly on the
intended object.
(f)
Loading and delivery areas may be shared between
nearby uses, and the requirements shall be determined by the Planning
Board on a case-by-case basis.
(g)
Mechanical equipment, garbage containers, and
electrical transformers should be concealed from public view on all
sides by architectural elements and/or landscaping satisfactory to
the Planning Board's approval.
(h)
Fencing and walls.
[1]
The design of fences and walls should be compatible
with the architecture of the principal building(s) and should use
similar materials.
[2]
All fences or walls 50 feet in length or longer
and four feet in height or taller should be designed to minimize visual
monotony by changing the plane, height, material, texture, or significant
landscape massing.
[3]
Chain link fencing is discouraged.
(i)
Utilities. All new utilities shall be underground.
(j)
Open space. Where appropriate and practical,
new development should create public open spaces and should maintain
existing open space.
(k)
Architectural standards.
[1]
Design compatibility includes complementary
building style, form, size, color, materials, and detailing. In reviewing
projects, the Planning Board shall consider each of the following
principal features contributing to the identity of buildings within
the H Districts:
[a]
Size: the relationship of the project
to the site.
[b]
Scale: the relationship of the
building to those around it.
[c]
Massing: the relationship of the
building's various parts to each other.
[d]
Fenestration: the placement of
windows and doors.
[e]
Rhythm: the relationship of fenestration,
recesses, and projections.
[f]
Setback: the relation of a building
setback to its immediate surroundings.
[g]
Materials: the compatibility with
other buildings in the H District, particularly those with historical
significance.
[h]
Context: the overall relationship
of the project to its surroundings.
[2]
The following architectural design concepts
are encouraged:
[a]
Architectural design should be
sensitive to the historical and/or architectural character of the
surrounding buildings.
[b]
Street-level continuity of shopfronts
with minimal spaces between buildings with a street-level expression
line, visually tying together the retail base and separating the upper
stories.
[c]
Porches fronting on streets are
encouraged, especially on local roads.
[d]
Multiple buildings on the same
lot should be designed to create a cohesive visual relationship between
the buildings.
[e]
Blank wall areas and long, uninterrupted
rooflines shall be avoided and should exhibit more detail and elements
appropriate for close-range pedestrian view. Building surfaces over
40 feet in length should be relieved with changes of wall plane (i.e.,
recesses and projections) that provide strong visual interest.
[f]
All sides of a building may have
an impact on its surroundings and should be considered for treatment
with an architectural finish. Architectural features, materials, windows,
and articulation of a facade of a building should be continued on
all sides visible from a street or public parking areas.
[g]
Facade colors should be low-reflectance
colors. High-intensity colors, metallic colors, black, or fluorescent
colors should not be used. Building trim and accent areas may feature
brighter colors.
[h]
Building colors should be carefully
chosen so that each building color complements that of its neighbors.
[i]
The scale of a building should
be compatible with the surrounding buildings.
[j]
Pitched roofs with gables/dormers
or symmetrically shaped parapet roofs are encouraged.
[k]
Considerations should be given
to the height of cornice line or other expression lines.
[l]
Where awnings are proposed, the
use of canvas-type awnings on buildings is recommended to provide
protection from sun, wind, and rain and to improve the aesthetics
of the building exterior. Awnings should be placed at a pedestrian
scale, at a height of not more than 10 feet above ground level.
[3]
Exterior finish materials.
[a]
Exterior finish materials should
include:
[b]
Facades: brick, stone, stucco,
wood, and wood shingles.
[c]
Roofs: shall be pitched; materials
of construction may include shingles, wood, imitation wood asphalt;
imitation slate; metal, aluminum (Kynar), copper, terne, zinc (standing
seam or batten seam); architectural-style asphalt shingles.
[d]
Exterior building materials on
the primary structure should not include smooth-faced concrete block,
tilt-up concrete panels, or prefabricated steel panels, highly reflective,
shiny, or mirrorlike materials, mill-finish (noncolored) aluminum
metal windows or door frames; exposed, unfinished foundation walls;
exposed plywood or particle board; and unplastered, exposed concrete
masonry blocks. Concrete block should be limited to only the rear
wall of a building.
[e]
Windows:
[f]
Windows should be greater in height
than width or at least of equal proportion.
[g]
Mirrored, reflective, or darkly
tinted glass, all-glass walls, or exterior roll-down security gates
shall not be permitted.
(3)
Signage standards. The purpose of this subsection is to provide standards for signage. These standards are in addition to, but override in the event of inconsistency, the regulations for signs found in § 240-43, Signs. The following standards are intended to assist the Planning Board in promoting high-quality signage within the H District:
(a)
Sign shape, size, and materials should be compatible
with surroundings and appropriate to the architectural character of
the buildings on which it is placed.
(b)
Layout should utilize simple shapes, such as
rectangles, circles, or ovals, and lettering should be in proportion
with the sign panel.
(c)
The variety of colors should relate to the building
with which they are associated.
(d)
Illumination should consist of top-mounted fixtures
that direct light down onto the sign and should avoid glare or unnecessary
brightness.
[Added 9-10-2014 by L.L. No. 4-2014]
A.
Purpose; conflict with other provisions. There shall be two Gateway
Hamlet (GH) Districts. There shall be one Manchester Gateway Hamlet
(MGH) District. One of the Gateway Hamlet (GH) Districts shall be
located in the Red Oaks Mills area of the Town. One of the Gateway
Hamlet (GH) Districts shall be located in the Arthursburg area of
the Town. The intent of the Gateway Hamlet (GH) and Manchester Gateway
Hamlet (MGH) Districts is to recognize or to promote compact clusters
of retail, professional offices and light commercial buildings mixed
with existing residential dwellings located at a crossroads and characterized
by such businesses as grocery stores, restaurants, taverns, hotels,
department stores, service businesses, meeting halls, churches, or
civic spaces. These areas located within Manchester, Arthursburg,
and Red Oaks Mill gateways to the Town are most likely to be developed
for business and light commercial purposes. They are also among the
most vulnerable of all locations in the Town to adverse impacts upon
character of setting and place in the event of development which is
inconsistent with the intent of this section, such as parking lots,
traffic conflicts, formula architecture, sign clutter, and stand-alone
and space-consuming uses that have no relationship to any other use
or uses. These disfavored aspects of land use do not exist now in
any of these identified gateway hamlets, and a purpose of this section
is to lessen or prevent the adverse consequences of such land uses
in these areas of the Town. It is the specific intent to foster attractive
and compact development in the vicinity of these gateway centers as
an alternative to development in strip fashion along the region's
major roads in order to lessen or to avoid accompanying sprawl development.
These gateway hamlet areas should serve as locations that people often
remember most, not just because they are physically or historically
attractive, but because they are distinct in appearance as compared
to the style and character of the larger community. The Manchester
Gateway Hamlet (MGH) will additionally be served by municipal water
and sewer systems. The Red Oaks Mill Gateway Hamlet (GH) is partially
served by municipal water with all parcels using private septic systems.
The Arthursburg Gateway Hamlet (GH) is not serviced by municipal water
or sewer. In Arthursburg it will be necessary to establish small self-contained
alternative or community systems that will strengthen the concept
of compact development rather than create a long corridor of linear
development. In sum, the purpose of the Gateway Hamlet (GH) and Manchester
Gateway Hamlet (MGH) Districts is to regulate the location and appearance
of buildings, to create a sense of arrival and recognition for the
place being entered. The provisions of this section, when in conflict,
shall take precedence over other sections of this chapter.
B.
Design principles. The primary objective of the GH and MGH Districts
is to promote the traditional hamlet-style design. New buildings should
relate to the traditional architectural character consistent with
those established, or to be established, in the Town Center Business
(TCB) District in accordance with that zoning district's development
standards, as well as enhance the streetscape and develop aesthetic
qualities that may not currently exist. Specifically, the design principles
for the GH and MGH Districts are intended to:
(1)
Provide a limited mix of primarily retail, service businesses
and light commercial opportunities in the gateway hamlets with some
existing residential.
(2)
Encourage infill development and the reutilization of existing
buildings.
(3)
Permit the construction of new buildings by the sidewalk and
street edge (building line), especially along alleys and local roads.
(4)
Promote pedestrian activity through a safe and walkable environment.
(5)
Create tree-lined boulevards that are aesthetically pleasing.
(6)
Provide alleys, where feasible, as a means to provide adequate
access and circulation within a gateway hamlet, while also providing
for and promoting slower traffic speeds and some compatible landscaping.
(7)
Minimize the visual impact of the automobile by focusing site
design on the central role of the building architecture, landscaping,
and other softening amenities, and thereby manage the placement of
parking areas, such as providing these in the rear of buildings and
screening these from view from the street with landscaping, stone
walls and site grading.
(8)
Create an interconnected street system for both pedestrian and
vehicular traffic.
(9)
Encourage the development of both on-street parking on local
roads and shared parking between nearby uses.
(10)
Protect important natural and historic features.
C.
Location of GH and MGH Districts. As per § 240-22, the locations of the GH and MGH Districts are shown on the map entitled "Zoning Map of the Town of LaGrange," adopted by the Town Board.
D.
Schedule of Permitted Uses. The schedule of permitted uses and specially permitted uses for the GH and MGH Districts is found in § 240-27, Schedule A, entitled "Schedule of Permitted Uses and Special Permit Uses."
E.
Bulk requirements for GH and MGH Districts. The bulk requirements for the GH and MGH Districts are found in § 240-28, Schedule B, entitled "Schedule of Bulk Regulations and Coverage Limitations."
F.
Planning Board review of projects in the GH and MGH Districts.
(1)
Prior to submitting a formal application under this section,
it is strongly encouraged that the applicant request a preapplication
meeting with the Building Inspector and the Administrator of Public
Works, at which point there should be a discussion of the design principles
and objectives of the Gateway Hamlet Districts, along with identification
of the design and engineering considerations of the site and the adjacent
neighborhood (review features, such as existing patterns of settlement,
including buildings, roads, open space, and other resource features,
with identification of key features of the environment, such as, but
not limited to, recreation amenities, wetlands, stone walls, etc.).
(2)
The design standards of this section are intended to guide the
Planning Board in its review of projects within the GH and MGH Districts.
It is the intent of these standards to provide the Planning Board
and applicants with a concise framework as to favored forms and principles
of site design.
(4)
The Planning Board is empowered to require a mix of uses in
any GH and MGH development project. In the cases where a multifamily
unit is proposed, the Planning Board shall consider the amount of
usable open space provided on the site or the usable public open space
in the vicinity, and it shall attempt to provide 100 square feet of
usable open space per bedroom or 10% of a lot as usable open space
on site, unless the Planning Board finds that there is an acceptable
and satisfactory public park or open space in the vicinity.
(5)
In the Arthursburg and Red Oaks Mill Gateway Hamlets (GH) the
developer shall provide assurance satisfactory to the Town Attorney
that there will be adequate long-term management and maintenance of
all private water and sewer facilities serving the site.
(6)
The Planning Board may, in its discretion, vary any site plan requirements contained in § 240-38.1 to assure substantial compliance with the intent of this provision while relieving the applicant of undue or oppressive burden or hardship in obtaining approval. Modification of those standards that are mandatory shall be accompanied with written finding that such modifications are warranted and the reasons.
[Amended 5-23-2018 by L.L. No. 6-2018]
(7)
Except for applications involving single-family residences,
the submission for development plan approval or special permit shall
include a master landscape plan for the site, identifying the quantity,
location, size, and types of existing vegetation and identifying that
which is to be retained, proposed plantings, details, and the planting
methods.
G.
Design standards. The following are the specific standards for the
GH and MGH Districts:
(1)
Street standards.
(a)
Streetscape standards.
[1]
The street network should follow a generally rectilinear
pattern. In addition, there should be conservation of the street layout
as it connects to county and state roads in order to provide for access
management.
[2]
Streets shall be designed to:
[a]
Respect and follow existing terrain as much as
possible, to minimize earthmoving and disruption of the existing topography.
[b]
Be parallel to and preserve existing tree lines,
hedgerows, stone walls, and watercourses, with an attempt to minimize
disruption to these features.
[c]
Minimize the acreage devoted to internal (grid)
streets. As a general rule, new, local, two-way roads should be 44
feet wide and constructed as follows: a travel way of 20 feet; two
four-foot shoulders; two three-foot landscaped strips; concrete curbs,
and two five-foot concrete sidewalks. Alleys may be provided at a
lesser standard, provided that alleys are introduced in order to augment
an existing pattern of access by roads and driveways and/or in order
to further a design objective, such as providing a means for vehicular
access to the rear of a building. The minimum alley width shall be
20 feet.
[d]
Minimize alteration of natural, cultural, or historic
features.
[e]
Be aligned, where possible, so that the "terminal
vista" is of civic buildings, greenway land (greens, commons, squares,
or parks), or natural vistas or other visual amenities.
[f]
Promote ready and safe pedestrian movement, including
pedestrian-through connections between streets using sidewalks and
trails when culs-de-sac are proposed.
[g]
Calm traffic speeds, such as through the provision
of complementary landscaping, including but not limited to street
trees.
[h]
Intersect at right angles whenever possible, with
preservation of adequate sight lines (triangles) at the intersection.
(b)
Concrete sidewalks required.
[1]
Sidewalks shall create a linked network of walkways
connecting different uses, such as businesses and residences, with
parks or open space.
[2]
Sidewalks shall be no less than five feet wide
and shall be ADA compliant.
[3]
Sidewalks shall be constructed of concrete or concrete
with brick paver borders where possible.
[4]
Asphalt shall be expressly prohibited on low-traffic
or one-way streets.
[5]
Sidewalks should be placed next to parallel parking
areas.
(c)
Gateway Hamlet and Gateway Hamlet Manchester streetscape landscaping.
[1]
Street tree landscaping shall be provided along
both sides of streets, unless there is an alley proposed that in the
Planning Board's judgment should be provided with a lesser standard
for street trees, including no street trees at all.
[2]
There shall be one shade tree (minimum of three-inch
caliper at four feet in height) provided per every 30 linear feet
to 35 linear feet of street frontage. Existing street trees that are
judged to be healthy or otherwise deserving of protection should be
preserved to the maximum extent possible.
[3]
Street trees should be tolerant of heavy, wet snow,
salt, and sand deposited with snow removal, and should be drought-tolerant.
[4]
Trees should cast moderate shade in summer and
should be of a type that branches at least eight feet above ground
level.
[5]
Property owners shall have responsibility for planting
and maintaining trees along street frontage(s) within the Town's right-of-way.
(d)
Lighting. Streetlights shall be no more than 10 feet to 15 feet
in height and utilize a downward-facing fixture that channels light
onto the street and sidewalk and should be located in such a manner
as to prevent objectionable light and glare. Metal halide (LED) light-emitting-diode
lighting is preferred.
(e)
On-street parking.
[1]
At the discretion of the Planning Board, on-street
parking and parking proposed to be shared among multiple uses may
count toward the minimum number of parking spaces required for the
use on the lot.
[2]
On-street parking spaces shall be designed as parallel
to the curb on one or both sides of the street, with landscaped breaks
10 feet wide every 200 feet.
[3]
On-street parking spaces shall measure eight feet
wide by 22 feet long.
(2)
Site standards.
(a)
Site development.
[1]
Multiple buildings and uses are permitted on a
lot in the GH and MGH Districts.
[2]
The maximum building footprint per structure is
40,000 square feet.
[3]
Connections between parking lots situated to the
rear and the retail frontage are desirable. Wherever practical, sidewalks
and/or walkways should be available to enable pedestrians to safely
move from parking located in the rear of the building to the street
front, and, where applicable, through-store passages should also be
provided.
[4]
The ground floor should reinforce retail continuity
along specified street frontages. The frequency of store entrances
along streets is important in maintaining retail continuity and viability.
In new buildings, a maximum distance of 40 feet between individual
store entrances is encouraged.
[5]
The second and third stories of buildings may be
used for a mix of residential, light commercial, and/or office space.
[6]
Nonresidential buildings shall have a maximum front
yard setback of 20 feet, to encourage an interesting pedestrian environment.
[7]
Balconies, bay windows, cornice features, and open
porches are encouraged and may extend up to five feet into the front
yard setback.
[8]
The Planning Board may waive height and setback
requirements for landmark civic buildings, including government buildings
and churches.
[9]
Development density is predicated upon the provisions of safe and adequate on-site (on-lot) sanitary wastewater (septic) systems or public sewer systems as defined in § 240-112. Any proposal shall comply with the site plan standard for sanitation in § 240-72F(4).
[Amended 5-23-2018 by L.L. No. 6-2018]
[10]
New developments should make use of existing structures
wherever possible and desirable, as determined necessary by the Planning
Board. Rehabilitation of historic structures should be conducted in
conformance with the Secretary of the Interior's Standards for Rehabilitation
and Guidelines for Rehabilitating Historic Buildings.
(b)
Driveways and parking.
[1]
Parking lots and garages shall be located to the
rear of a building wherever possible.
[2]
In order to facilitate fewer curb cuts, shared
driveways should be encouraged. Provisions satisfactory to the Planning
Board shall be made with respect to the ownership, use, operation,
and maintenance of all common driveways. Such responsibilities shall
be documented in a legal instrument that assures the continued layout,
maintenance, and upkeep of the common drive as intended by the owners
and successors.
[3]
Driveways serving a mix of uses and two-way traffic
should be 22 feet wide. The Planning Board may require a traffic analysis
performed at the expense of the applicant to inform its decision.
[4]
Interior parking lots shall be landscaped in accordance with the off-street parking, loading and driveway standards (§ 240-42E) as determined necessary by the Planning Board.
[Amended 12-14-2016 by L.L. No. 15-2016[1]]
[1]
Editor's Note: This local law also repealed former Subsection
G(2)(b)[5] through [8] and [10] and renumbered former Subsection G(2)(b)[9]
as [5].
(c)
Open space.
[1]
In cases where more than one dwelling is situated
on a lot, a minimum of 10% of the lot shall be open space.
[2]
Open space may be landscaped and may be provided
with improvements, such as pedestrian plazas, benches, and recreational
facilities, such as courts, and/or playground equipment, although
it should not contain parking, driveways, or stormwater utilities.
[3]
Where appropriate and practical,
new development should create open spaces and should maintain existing
open space.
(d)
Site landscaping [in addition to the streetscape standards provided in Subsection G(2)(a) and (b) above].
[1]
Required landscaping shall be permanently maintained
in a healthy growing condition at all times by the property owner
or its assign.
[2]
Site trees should be no smaller in diameter than
three-inch caliper at four feet in height at the time of planting.
The density of site trees shall be at the discretion of the Planning
Board as determined necessary.
[3]
Species shall be drought- and salt-tolerant, and
there should be consideration of how to provide for the stockpiling
of snow in relation to landscaping.
(e)
Lighting (in addition to the streetscape lighting standards in Subsection G(1)(d) above).
[1]
All exterior lights shall be designed and located
in such a manner as to prevent objectionable light and glare from
spilling across property lines.
[2]
Exterior lighting should be architecturally compatible
with the building style, material, and colors.
[3]
Driveway parking lot lights and other lights shall
be 10 feet to 15 feet in height. Cutoff fixtures are preferred over
cobra-type light fixtures and directional floodlights.
[4]
Accent or decorative lighting for buildings, walkways,
and landscaping is encouraged but shall consist of incandescent bulbs
of no more than 100 watts and shall be focused directly on the intended
object.
(f)
Loading and delivery areas may be shared between nearby uses,
and the requirements shall be determined by the Planning Board on
a case-by-case basis.
(g)
Mechanical equipment, garbage containers, and electrical transformers
should be concealed from public view on all sides by architectural
elements and/or landscaping satisfactory to the Planning Board's approval.
(h)
Fencing and walls.
[1]
The design of fences and walls should be compatible
with the architecture of the principal building(s) and should use
similar materials.
[2]
All fences or walls 50 feet in length or longer
and four feet in height or taller should be designed to minimize visual
monotony by changing the plane, height, material, texture, or significant
landscape massing.
[3]
Chain-link fencing is expressly prohibited in all
front yards. When chain-link fences are used on side yards or rear
yards, the fence shall be constructed of black vinyl-coated Schedule
40 pipe, and the chain-link fence shall be black vinyl-coated only.
(i)
Utilities. All new utilities shall be underground.
(j)
(Reserved)
(k)
Architectural standards.
[1]
Design compatibility includes complementary building
style, form, size, color, materials, and detailing. In reviewing projects,
the Planning Board shall consider each of the following principal
features contributing to the identity of buildings within the GH and
MGH Districts:
[a]
Size: the relationship of the project to the site.
[b]
Scale: the relationship of the building's various
parts to each other.
[c]
Massing: the relationship of the building's various
parts to each other.
[d]
Fenestration: the placement of windows and doors.
[e]
Rhythm: the relationship of fenestration, recesses,
and projections.
[f]
Setback: the relation of a building setback to
its immediate surroundings.
[g]
Materials: the compatibility with other buildings
in the GH and MGH Districts, particularly those with historical significance.
[h]
Context: the overall relationship of the project
to its surrounds.
[2]
The following architectural design concepts are
encouraged:
[a]
Architectural design should be sensitive to the
historical and/or architectural character of surrounding buildings.
[b]
Street-level continuity of shop fronts with minimal
spaces between buildings with a street-level expression line, visually
tying together the retail base and separating the upper stories.
[c]
Porches fronting on streets are encouraged, especially
on local roads.
[d]
Multiple buildings on the same lot should be designed
to create a cohesive visual relationship between the buildings.
[e]
Blank wall areas and long, uninterrupted rooflines
shall be avoided and should exhibit more detail and elements appropriate
for close-range pedestrian view. Building surfaces over 40 feet in
length should be relieved with changes of wall plane (i.e., recesses
and projections) that provide strong visual interest.
[f]
All sides of a building may have an impact on its
surroundings and should be considered for treatment with an architectural
finish. Architectural features, materials, windows, and articulation
of a facade of a building should be continued on all sides visible
from a street or public parking areas.
[g]
Facade colors should be low-reflectance colors.
High-intensity colors, metallic colors, black or fluorescent colors
should not be used. Building trim and accent areas may feature brighter
colors.
[h]
Building colors should be carefully chosen so that
each building color complements that of its neighbors.
[i]
The scale of a building should be compatible with
the surrounding buildings.
[j]
Pitched roofs with gables/dormers or symmetrically
shaped parapet roofs are encouraged.
[k]
Consideration should be given to the height of
cornice lines or other expression lines.
[l]
Where awnings are proposed, the use of canvas-type
awnings on buildings is recommended to provide protection from sun,
wind, and rain and to improve the aesthetics of the building exterior.
Awning should be placed at a pedestrian scale, at a height of not
more than 10 feet above ground level.
[3]
Exterior finish materials.
[a]
Facades: Exterior finish materials may include
brick, stone, stucco, wood, and wood shingles.
[b]
Roofs: Roofs shall be pitched; materials of construction
may include shingles, wood, imitation wood, asphalt, imitation slate;
metal, aluminum (Kynar), copper, terne, zinc (standing seam or batten
seam) and architectural-style asphalt shingles.
[c]
Exterior building materials on the primary structure
should not include smooth-faced concrete block, tilt-up concrete or
prefabricated steel panels, highly reflective, shiny, or mirror-like
materials, mill-finish (noncolored) aluminum metal windows or door
frames; exposed, unfinished foundation walls; exposed plywood or particle
board; or nonplastered, exposed concrete masonry blocks. Concrete
block should be limited to only the rear wall of the building.
[d]
Windows: Windows should be greater in height than
width or at least of equal proportion. Mirrored, reflective, or darkly
tinted glass, all-glass walls, and exterior roll-down security gates
shall not be permitted.
(3)
Signage standards. The purpose of this subsection is to provide standards for signage. These standards are in addition to, but override in the event of inconsistency, the regulations for signs found in § 240-43, Signs. The following standards are intended to assist the Planning Board in promoting high-quality signage within the GH and MGH Districts:
(a)
Sign shape, size, and materials should be compatible with surroundings
and appropriate to the architectural character of the buildings on
which they are placed.
(b)
Layout should utilize simple shapes, such as rectangles, circles,
or ovals, and lettering should be in proportion with the sign panel.
(c)
The variety of colors should relate to the building with which
they are associated.
(d)
Illumination should consist of fixtures that direct light down
onto the sign only and should avoid glare or unnecessary brightness.
[Amended 10-24-2007 by L.L. No. 4-2007; 9-10-2014 by L.L. No.
4-2014]
A.
Purpose; conflict with other provisions.
(1)
The intent of the C District is to provide for the
development of traditional, higher-intensity commercial uses that
are concentrated in centers rather than in strip developments. The
GB District is intended to provide for lower-intensity, smaller-scale
neighborhood-oriented development.
(2)
The purpose of these design standards for commercial
development is to provide positive examples of the forms and patterns
of development that are desirable within the C and GB Districts of
the Town of LaGrange and consistent with Greenway Design Principles.
They are also intended to encourage development that is in keeping
with the Town's semirural character and its aesthetic environment.
(3)
The provisions of this section, when in conflict,
shall take precedence over other sections of the Zoning Law.
B.
Design principles: Commercial (C) District. The primary
objective of the C District is to create commercial centers with larger-scale
uses. New buildings should relate to and enhance the positive qualities
that currently exist. Specifically, the design principles for the
C District are to:
(1)
Locate buildings close to the sidewalk and street
edge.
(2)
Promote pedestrian activity through a safe and walkable
environment.
(3)
Minimize the visual impact of the automobile by managing
curb cuts and the placement and screening/landscaping of parking areas.
(4)
Create an interconnected street system for both pedestrian
and vehicular traffic.
(5)
Create opportunities for shared and interconnected
systems of driveways in instances where these elements can be designed
compatible with the uses and when it promotes safe vehicular and pedestrian
movement.
(6)
Encourage the development of both on-street parking
and shared parking areas between nearby uses.
(7)
Protect important natural and historic features.
(8)
Facilitate transitions and site planning for commercial
development so that it is compatible and in context with adjacent
zoning districts and residential neighborhoods.
C.
Design principles: General Business (GB) District.
The primary objective of the GB District is to create smaller-scale,
neighborhood-oriented commercial areas. Specifically, the design principles
for the GB District are to:
D.
Location of C and GB. As per § 240-22, the location of the C and GB Districts is shown on the map entitled "Zoning Map of the Town of LaGrange," adopted by the Town Board.
E.
C and GB Schedule of Permitted Uses. The schedule of permitted uses and specially permitted uses for the C and GB Districts is found in § 240-27, in Schedules A1, A2 and A3, Schedules of Permitted Uses and Special Permit Uses.[1]
[1]
Editor's Note: Schedules A1, A2 and A3 are attached to this chapter as Appendix A.
F.
Bulk requirements for C and GB. The bulk requirements for the C and GB Districts are found in § 240-28, Schedule B2, Schedule of Bulk Regulations and Coverage Limitations, Nonresidential.[2]
[2]
Editor's Note: Schedule B2 is attached to this chapter as part of Appendix B.
G.
Planning Board review of projects in C and GB.
(1)
The design standards of this section are intended
to guide the Planning Board in its review of projects within the C
and GB Districts and to guide the Planning Board and applicants as
to favored forms and principles of site design.
(3)
The Planning Board may, in its discretion, vary any site plan requirements contained in § 240-39 to assure substantial compliance with the intent of this provision while relieving the applicant of undue or oppressive burden or hardship in obtaining approval. Modification of those standards that are mandatory shall be accompanied with written finding that such modifications are warranted and the reasons.
[Amended 5-23-2018 by L.L. No. 6-2018]
H.
Design standards. The C District encourages a mix
of retail uses, restaurants, services, workplaces, and entertainment
and civic facilities. The GB District encourages a similar mix of
commercial and retail uses, in addition to single-family uses, in
a nodal form and a more compact pattern than the C District. The following
are the specified standards for the C and GB Districts:
(1)
Streetscape standards.
(a)
Blocks and lots.
[1]
Multiple buildings and uses are permitted on
a lot in the C and GB Districts.
[2]
In order to facilitate fewer curb cuts, shared
driveways should be used for access to parking lots behind buildings.
Curb cuts should be the minimum width required for safe ingress and
egress in order to provide for managed access and egress onto public
roads as well as to provide a safe pedestrian environment. Large expanses
of street frontage with open, uncurbed lengths should be avoided as
it can increase the likelihood of accidents.
[3]
Residential rear access lanes should be used
for access to garages and parking lots behind buildings.
[4]
Pavers or similar hardscape should be utilized
at all block corners to enhance the pedestrian environment, increase
pedestrian safety, and have a traffic-calming effect. The crosswalk
should continue the materials and theme across the street. The role
of these physical enhancements is to influence slower vehicle speeds
at these locations and to help people perceive that there is a transition
in the road, driveway and sidewalk network.
 | |
|---|---|
|
Source: Dutchess County Greenway
Connections, Dutchess County Department of Planning and Development.
|
(b)
Sidewalks.
[1]
Sidewalks should be at least five feet wide
to easily accommodate pedestrians, joggers, and bicyclists and shall
be ADA compliant. Sidewalks may be wider to accommodate outdoor seating
and cafes.
[2]
Restaurants may be permitted to operate outdoor
cafes in front of and on public sidewalks as long as at least seven
feet are maintained free for sidewalk passage.
[3]
A retail business may be permitted to have a
temporary sidewalk display of store merchandise on up to 25% of its
sidewalk frontage.
(c)
Landscaping.
[1]
A landscaped area shall be provided along both
sides of all streets within the C and GB Districts. Within the landscaped
area, one shade tree (minimum of three-inch caliper diameter at four
feet in height) should be provided per every 30 linear feet to 35
linear feet.
[2]
Street trees are a major means of providing
a pedestrian amenity as well as visual coherence. Property owners
shall have responsibility for planting and maintaining trees along
street frontage(s) within the Town's right-of-way.
[3]
Street trees should be tolerant of salt and
sand deposited with snow removal. Mulched tree wells should be placed
around the base of each tree for protection and moisture retention.
[4]
Street trees should have a canopy that is sufficiently
high (at least eight feet) so as not to block views of storefronts,
conflict with streetlighting, or inhibit safe sight distances for
vehicles at intersections. Street trees should be no smaller than
four-inch caliper diameter at four feet in height. Trees should be
of a type that does not create droppings, that would mar the sidewalk
and parked cars.
[5]
Shrubbery shall be no higher than four feet
above existing street grades, nor shall any tree with foliage extend
below eight feet above the established street grades. It shall be
the responsibility of the property owner to maintain all landscaping
(trees, shrubs, planted beds) within 20 feet of any street intersection
or 10 feet of driveway/street intersections to the above standards.
This restriction is for purposes of maintaining visibility at all
times.
[6]
Where parking lots and drives abut the landscaped
strip along the street right-of-way, evergreen shrubs and/or a three-foot
stone wall, as approved by the Planning Board, should be provided
for screening. The screening should be a plant species that is a minimum
of three feet high and a maximum of six feet high and extend along
the entire street frontage of the parking lot, exclusive of driveways
and visibility lines.
[7]
Street-level landscaping shall not interfere
with visibility and safety.
[8]
Maintenance of landscaping within the Town's
right-of-way shall be the responsibility of the property owner.
(d)
Lighting. Streetlights and parking lot lights
shall be no more than 15 feet in height. Lighting shall be metal halide
or other full-spectrum fixture and should avoid illumination above
the horizontal level into the night sky. All exterior lights shall
be designed and located in such a manner as to prevent objectionable
light and glare and to minimize spillage.
(2)
Site standards.
(a)
Site development.
[1]
Connections between the parking lots to the
rear and the main retail frontage are desirable. Wherever practical,
sidewalks accessed along landscaped alleys and/or access through store
passages should be provided.
[2]
Building entrances and storefronts should face
the main roadway frontage. Additional entrances should be provided
if parking is located to the side and/or rear of the buildings. (As
noted below, distinct building architecture and landscaping should
help guide and orient users to the main entrances.)
[3]
Two- and three-story buildings are encouraged
in the Commercial Districts. Depending on the site context, larger-scale,
single-use facilities (conference spaces, theaters, supermarkets or
department stores, for example) should occur behind smaller-scale
(one- or two-story) buildings or storefronts in order to aid the sense
of scale of buildings, particularly in relation to the pedestrian.
[4]
Second stories and above may be used for a mix
of commercial and/or office space.
[5]
The Planning Board may waive height and setback
requirements for landmark civic buildings, including government buildings,
churches, schools, or libraries and for pedestrian-oriented places
such as plazas or outdoor eating areas or vest pocket parks, such
as where there is seating and landscaping adjacent to sidewalk or
open space.
[6]
There should be careful consideration of the location of gas station pump canopies on the site. Gas station canopies should be located to the rear of the building whenever possible and shall not exceed 50% of the floor area of the parcel or 2,500 square feet, whichever is less. See the illustration below. Canopies shall have downward-facing lights and no internally illuminated signage or lettering. As noted in § 240-39H(3), there should also be consideration of the design and treatment of the facades and roofs associated with these structures.
 | |
|---|---|
|
Source: Town of Warwick Design
Guidelines, 2002.
|
(b)
Parking.
[1]
Parking lots and garages shall be located to
the rear of a building wherever possible, and access to parking and
garages should be from a rear access lane. Alternatively, there should
be an attempt to locate parking in the side yard, such as on corner
lots. Parking lots as the terminal vista of an approach should be
avoided wherever possible. See the illustration below.
 | |
|---|---|
|
Left: Traditional siting of building
and parking lot
Right: Preferred siting of building
and parking lot
| |
|
Source: Dutchess County Greenway
Connections, Dutchess County Department of Planning and Development.
|
[2]
Shared driveways should be used to access parking
lots behind buildings and to facilitate fewer curb cuts. Shared driveways
and/or entrances for ingress and egress access between neighboring
buildings and parking lots are strongly encouraged.
[3]
Parking lot buffers and landscaping.
[a]
For large parking lots (20,000
square feet or larger), a minimum of 10% of the interior of the parking
lot should be landscaped with trees and other plants. Where feasible,
large lots should be broken up into smaller sections by use of landscaping
and site planning.
 | |
|---|---|
|
Source: Dutchess County Greenway
Connections, Dutchess County Department of Planning and Development.
|
[b]
Landscaped planters and tree islands
should be located among the parking spaces in a lot. Diagonal islands,
such as the one illustrated below, provide aesthetic and shade benefit
without resulting in the loss of parking spaces.
 | |
|---|---|
|
Source: Dutchess County Greenway
Connections, Dutchess County Department of Planning and Development.
|
[5]
Parking lots should not be composed entirely
of asphalt. It is strongly encouraged that, to provide visual interest
and to reduce water runoff, bricks, pavers, and/or textured surfaces
should be used for crosswalks and stalls, where possible. Grass block
or other pervious landscaping treatment is encouraged for overflow/reserved
parking areas.
[6]
An area for snow and ice storage should be identified
that does not impact vehicle sight lines or the view of a site from
public roads.
[7]
Joint parking.
[a]
Joint parking between uses is encouraged, as it reduces the amount of impervious surface area and is more economical to install and maintain. It also serves to reduce the visual impact of parking lots. Joint parking standards can be found in § 240-42 of the Town Code.
[Amended 12-14-2016 by L.L. No. 15-2016[5]]
[5]
Editor's Note: This local law also repealed former Subsection
H(2)(b)[7][b] through [e].
[9]
Minimum off-street parking space requirements are found in § 240-35H(2)(c)[9] and § 240-42J.
[10]
Since C and GB Districts have the potential
for high levels of impervious coverage, stormwater management practices
should ideally be addressed across sites and the use of high-quality
landscaping should be integrated with the stormwater management objectives.
Specifically, where feasible, stormwater management should be coordinated
across sites, and new commercial development or redevelopment may
be well-suited for applications of innovative stormwater management
technology, such as subsurface stormwater management systems. Similarly,
small vegetated and landscaped alternative stormwater quality treatment
systems, such as rain gardens or bioretention practices, should also
be considered.
(c)
Landscaping.
[1]
A landscape plan should be prepared by a qualified
professional, such as a landscape architect.
[2]
Landscaping should be designed to avoid conflicts
with existing overhead or underground utility lines. Where the location
of existing overhead or underground utility lines conflicts with the
required landscaping strip and tree planting, the Planning Board may
approve an alternate plan.
[3]
Required landscaping shall be permanently maintained
in a healthy growing condition at all times. The property owner is
responsible for regular weeding, mowing of grass, irrigating, fertilizing,
pruning, and other permanent maintenance of all plantings as needed.
[4]
Site trees should be no smaller than three-inch
caliper diameter at four feet in height at the time of planting. Density
of site trees shall be at the discretion of the Planning Board as
determined necessary.
[5]
Loading areas shall be screened from view with
landscaping, decorative fencing, and/or earthen berms.
 |
[6]
Aboveground or in-ground open drainage features,
such as swales, catch basins, and detention ponds, should be treated
as design elements and as part of the overall site landscaping plan.
These features should be modeled after the naturally occurring swales,
wetlands, and ponds found throughout the Town.
(d)
Lighting.
[1]
All exterior lights shall be designed and located
in such a manner as to prevent objectionable light and glare to spill
across property lines.
[2]
Exterior lighting should be architecturally
compatible with the building style, material, and colors. Cutoff fixtures
are preferred over cobra-type light fixtures and directional floodlights.
[3]
Accent lighting or decorative lighting is encouraged
but should be of a low wattage (no more than 100 watts) and should
not cast light upward except to light a building facade.
(e)
Loading and delivery areas may be shared between
nearby uses and shall be determined by the Planning Board on a case-by-case
basis.
(f)
Mechanical equipment, garbage containers, and
electrical transformers, including rooftop installations, should be
concealed from public view on all sides by architectural elements
and/or landscaping satisfactory to the Planning Board's approval.
(g)
Fencing and walls.
[1]
The design of fences and walls should be compatible
with the architecture of the principal building(s) and should use
similar materials. The Planning Board should determine whether a fence
is desirable along a public street frontage given surrounding landscape
and land use patterns.
[2]
All fences or walls 50 feet in length or longer,
and four feet in height or taller, should be designed to minimize
visual monotony by changing plane, height, material, or material texture
or significant landscape massing.
[3]
Chain link fencing is discouraged.
(h)
Utilities. All new utilities shall be underground.
(i)
Open space. Where appropriate and practical,
new development should create public open spaces and should maintain
and/or relate to existing public open space.
 | |
|---|---|
|
Source: Town of Warwick Design
Guidelines, 2002.
|
(3)
Architectural standards.
(a)
The architectural standards are intended to
provide for design compatibility between new and existing buildings.
Design compatibility includes complementary building style, form,
size, color, materials, and detailing. In reviewing projects, the
Planning Board shall consider each of the following principal features
contributing to the identity of buildings within the C and GB Districts
and shall determine whether site or building locations warrant special
architectural detail:
[1]
Size: the relationship of the project to the
site.
[2]
Scale: the relationship of the building to those
around it.
[3]
Massing: the relationship of the building's
various parts to each other.
[4]
Fenestration: the placement of windows and doors.
[5]
Rhythm: the relationship of fenestration, recesses,
and projections.
[6]
Setback: the relation of a building setback
to its immediate surroundings.
[7]
Materials: their compatibility with other buildings
constructed in the Commercial Districts.
[8]
Context: the overall relationship of the project
to its surroundings.
(b)
The following architectural design concepts
are encouraged:
[1]
Street-level expression line, visually tying
together the retail base and separating the upper stories. Entrances
and doors shall be defined and articulated by architectural elements
compatible with the style, materials, colors and details of a building
as a whole. Window fenestration should be compatible with the style,
materials, colors and details of a building as a whole.
[2]
Diversity of architectural design. Trim and
decorative lighting are examples of features that may provide emphasis.
Any residential uses should have a porch, covered portico, or otherwise
architecturally defined entrance on the street facade of the building.
[3]
Multiple buildings on the same lot should be
designed to create a cohesive visual relationship between the buildings.
[4]
Blank wall areas and long, uninterrupted rooflines
shall be avoided and should exhibit more detail and elements appropriate
for close-range pedestrian view. Building surfaces over 50 feet in
length should be relieved with changes of wall plane (i.e., recesses
and projections) that provide strong visual interest.
[5]
Buildings should incorporate visual separation
between the lower facade and upper facades, as this creates a strong
orientation toward the pedestrian scale. Some design elements that
are successful in creating this separation include utilizing canopies,
varying textures, varying window patterns, and incorporating storefront
cornices.
[6]
Buildings should be located to front towards
public streets, both functionally and visually (building should not
be oriented to front towards a parking lot). There should be special
consideration of buildings on the edges of the District which may
serve as gateways and which mark a transition. Buildings on corner
lots shall be considered significant structures, and there should
be consistent architectural treatment on all sides facing public streets.
Architectural features, materials, windows, and articulation of a
facade of a building should be continued on all sides visible from
a street or public parking areas.
[7]
Exterior building materials on the primary structure
should be durable and of high quality and should not include smooth-faced
concrete block, tilt-up concrete panels, or prefabricated steel panels,
highly reflective, shiny, or mirror-like materials, mill-finish (noncolored)
aluminum metal windows or door frames; exposed, unfinished foundation
walls; exposed plywood or particle board; and unplastered, exposed
concrete masonry blocks. Facade finish materials should include the
following: brick, stone, stucco, wood, wood shingles, and fiber cement
siding.
[8]
Facade colors should be low-reflectance colors.
High-intensity colors, metallic colors, black, or fluorescent colors
shall not be used. Building trim and accent areas may feature brighter
colors.
[9]
Building colors should be carefully chosen so
that each building color complements that of its neighbors.
[10]
The scale of a building should be compatible
with the surrounding buildings.
[11]
Pitched roofs with gables/dormers or symmetrically
shaped parapet roofs are encouraged to provide visual interest to
buildings. Considerations should be given to the height of cornice
line or other expression lines. Minimum pitch should be 6/12, and
flat roofs should be avoided. See the illustration below.
 | |
|---|---|
|
Source: Town of Warwick Design
Guidelines, 2002.
|
[12]
Roof design should be functional and in keeping
with the scale and character of the building and surroundings. Roofs
should not make up more than 50% of the visible facade area of the
building.
[13]
The use of canvas-type awnings on buildings
is recommended to provide protection from sun, wind, and rain and
to improve the aesthetics of the building exterior.
[14]
Existing structures, if deemed historic or architecturally
significant, should be protected from demolition or incompatible adjacent
development.
[15]
Windows should be greater in height than width
or at least of equal proportion. Mirrored, reflective, or darkly tinted
glass, all-glass walls, or exterior roll-down security gates shall
not be permitted.
[16]
First-floor windows and display signs should
create a sense of transparency on the ground floor of the building.
Signage on windows may be appropriate in some instances but should
be limited as it can detract from the sense of transparency and the
identity of a district.
(c)
Architectural standards applicable to gas stations.
The following guidelines are encouraged in gas station uses:
[1]
Gas stations should have an overall architectural
theme. Separate structures on the site (canopy, cashier booth, carwash,
etc.) must have consistent architectural detail and design elements
to provide a cohesive project site.
[2]
The canopy must incorporate design elements
that are found on the main building, including color, roof pitch,
and materials. The canopy must not act as an attention-getting device.
Canopy support poles must incorporate decorative corbels consistent
with the overall theme of the site or pole covers 18 inches or wider
with similar surface material and architectural treatments as the
dominant masonry material on the main structure.
(4)
Signage standards. The purpose of this subsection is to provide standards for signage. The standards are in addition to, but override in the event of inconsistency, the regulations for signs found in § 240-43, Signs. The following standards are intended to assist the Planning Board in improving the quality of signage in the C and GB Districts:
(a)
Signs should be compatible with surroundings
and appropriate to the architectural character of the buildings on
which they are placed.
 | |
|---|---|
|
Source: Dutchess County Greenway
Connections, Dutchess County Department of Planning and Development.
|
A.
Purpose.
(1)
The intent of the I District is to provide for well-planned,
attractive light industrial uses with convenient access to road transportation.
Development in the I District must balance the operational needs of
businesses while achieving aesthetically compatible development and
protection of the public health, safety and welfare.
(2)
The purpose of design standards for industrial development
is to provide positive examples of the forms and patterns of development
that are desirable within the I Districts of the Town of LaGrange,
consistent with Greenway Design Principles. These design standards
are also intended to encourage development that is in keeping with
the Town's semirural character and its natural and aesthetic environment.
(3)
Design standards for retail uses and gas stations. Certain retail uses, restaurants and gas stations are allowed within the Industrial District as well as the Commercial and/or General Business Districts; therefore, for these uses the intent and design standards for the C and GB Districts, defined within § 240-39, shall apply.
[Amended 9-10-2014 by L.L. No. 4-2014]
(4)
Unless specifically indicated otherwise, when the
provisions of this section are in conflict with other sections of
the Zoning Law, the more restrictive standards shall take precedence.
B.
Design principles: Specifically, the design principles
for the I District are to:
(1)
Orient buildings to the street and driveway access,
establishing an ease of circulation and a visual focus in order to
achieve identifiable and functional entrances to sites and buildings.
(2)
Protect and preserve important natural and historic
features, including important vistas, and relate development to these
features during site design.
(3)
Aid pedestrian mobility through a safe and walkable
environment by providing for loading and delivery areas to be located
outside of pedestrian circulation and promoting connections to the
sidewalk network within the site and external street network.
(4)
Maximize the distance of new buildings from adjacent
residential districts and uses.
(5)
Minimize the impact of the automobile by managing
curb cuts, circulation system layout, and the placement of related
screening/landscaping.
(6)
Promote development on a scale that is consistent
with adjacent buildings and neighborhood uses. Provide transitions
between projects with different uses and intensities.
(7)
Actively screen and separate outdoor work activities,
storage, loading and delivery functions from public view and provide
for compatible landscaping and architectural treatment between these
functions and the primary building or focal point.
(8)
Provide architectural design that establishes project
identity and contributes to and enhances community character by allowing
various architectural styles to be used with an effect of cohesiveness
and a pleasant built environment. Ensure that large buildings and
structures incorporate design elements to reduce visual mass and relate
to the human scale.
C.
Location of I. As per § 240-22, the location of the I Districts is shown on the map entitled "Zoning Map of the Town of LaGrange," adopted by the Town Board.
D.
I schedule of permitted uses. The schedule of permitted uses and specially permitted uses for the I Districts is found in § 240-27, in Schedules A1, A2 and A3, Permitted Uses and Special Permit Uses.[1]
[Amended 9-10-2014 by L.L. No. 4-2014]
[1]
Editor's Note: Schedules A1, A2 and A3 are attached to this chapter as Appendix A.
E.
Bulk requirements for I. The bulk requirements for the I Districts are found in § 240-28, Schedule B2, Schedule of Bulk Regulations and Coverage Limitations, Nonresidential.[2]
[Amended 9-10-2014 by L.L. No. 4-2014]
[2]
Editor's Note: Schedule B2 is attached to this chapter as part of Appendix B.
F.
Planning Board review of projects in the I District.
(1)
The design standards of this section are intended
to guide the Planning Board in its review of projects within the I
District and to guide the Planning Board and applicants as to the
favored forms and principles of site design.
(3)
The Planning Board may, in its discretion, vary any site plan requirements contained in § 240-40 to assure substantial compliance with the intent of this provision while relieving the applicant of undue or oppressive burden or hardship in obtaining approval. Modification of those standards that are mandatory shall be accompanied with written finding that such modifications are warranted and the reasons.
[Amended 5-23-2018 by L.L. No. 6-2018]
G.
Design standards: I District. The following are the
specified standards for the I District:
(1)
Streetscape standards.
(a)
Blocks and lots.
[1]
The street layout should provide for safe and
convenient vehicular access. There should be efforts to provide street
connectivity, with an exception that it may not be desirable to connect
with a residential neighborhood.
[2]
In order to facilitate fewer curb cuts, shared
driveways should be used for access to parking lots that are predominantly
arranged beside or behind buildings. Curb cuts should be the minimum
width required for safe ingress and egress in order to provide for
managed access and egress onto public roads, as well as to provide
a safe pedestrian environment. Large expanses of street frontage with
open, uncurbed lengths should be avoided to reduce the likelihood
of accidents.
(b)
Sidewalks. Sidewalks should be at least five
feet wide to easily accommodate pedestrians and shall be ADA compliant.
(c)
Landscaping. The design standards for landscaping in the C and GB Districts [§ 240-39H(1)(c)] should apply to the Industrial District with the following modification: Landscaping screening, such as shrubbery, shall be of a specification (such as height and design) that it helps suitably screen site features, such as outside storage or loading areas, from public view while also providing for required vehicular and pedestrian safety and mobility. When visibility is important, shrubbery and trees should be no higher than four feet above the existing street grade, nor shall any tree with foliage extend below eight feet above the established street grade. All landscaping (trees, shrubs, planted beds) shall be maintained within 20 feet of any street intersection or 10 feet of driveway/street intersections.
[Amended 9-10-2014 by L.L. No. 4-2014]
(d)
Lighting. The design standards for streetscape lighting in the C and GB Districts [§ 240-39H(1)(d)] should apply to the Industrial District.
[Amended 9-10-2014 by L.L. No. 4-2014]
(2)
Site standards.
(a)
Site development.
[1]
Industrial District site development should
be oriented to public streets, meaning there should be consideration
of the appearance of all sides of buildings and site features viewed
from the public way(s).
[2]
Some parking, such as for business visitors
or small numbers of staff, may be provided in front of industrial
buildings but not within required setbacks. This standard excludes
parking for heavy equipment/vehicles.
[3]
Distinct building architecture and landscaping
should help guide and orient users to the main entrances.
[4]
Sites should be arranged to emphasize the aesthetically
pleasing or important natural aspects of a site, such as open space,
wetlands, vistas, or mature tree groupings, and disguise less attractive
scenes or distractions, like loading or storage, through placement
and design of structures and screening. When located adjacent to a
residence, structures such as loading or trash enclosures shall be
totally screened from view.
[5]
Light-, noise-, odor- or dust-generating functions
shall be fully enclosed, managed and/or sited in order to avoid a
nuisance for adjacent residential properties.
(b)
Parking.
[1]
The main mass of parking lots and all garages
should be located to the side or rear of a building. Parking lots
as the terminal vista of an approach should be avoided wherever possible.
[2]
Shared driveways should be used to access parking
lots and facilitate fewer curb cuts, with shared driveways and/or
ingress and egress between neighboring buildings and parking lots
strongly encouraged.
[3]
Parking lot buffers and landscaping. The standards of § 240-39H(2)(b)[3] and [4] should apply.
[4]
An area for snow and ice storage should be identified
that does not impact vehicle sight lines.
[5]
Joint parking between uses is encouraged, as it reduces the amount of impervious surface area and is more economical to install and maintain. It also serves to reduce the visual impact of parking lots. The standards of § 240-39H(2)(b)[7][a] should apply.
[6]
Minimum off-street parking space requirements are found in § 240-42J. The number of parking spaces required shall also be calculated based on a recent comparable industry standard, such as by the Institute of Transportation Engineers (ITE), and should not exceed minimum requirements unless clearly justified by parking generation data submitted by the applicant.
[7]
Waiver of improvement. The authority approving a site plan or special permit application may determine that less than the required number of parking spaces will satisfy the intent of this chapter, pursuant to the procedure in § 240-39H(2)(b)[11].
(c)
Landscaping should be provided according to the standards and procedures in § 240-39H(2)(c).
(d)
Mechanical equipment, garbage containers, and
electrical transformers, including rooftop installations, should be
concealed from public view on all sides by architectural elements
and/or landscaping consistent with the applications on other parts
of the site satisfactory to the Planning Board's approval.
(e)
Fencing and walls.
[1]
The design of fences and walls should be compatible
with the architecture of the principal building(s) and should use
similar materials.
[2]
All fences or walls 50 feet in length or longer
and four feet in height or taller should be designed to minimize visual
monotony by changing plane, height, material, or material texture
or by the addition of significant landscape massing.
[3]
Chain link fencing is discouraged.
[4]
The height of a fence shall be considered in
relation to the use or activity that it is intended to screen; however,
the height shall not extend above six feet.
(3)
Architectural standards.
(a)
The architectural standards are intended to
provide for design compatibility between new and existing buildings.
Design compatibility includes complementary building style, form,
size, color, materials, and detailing. There should be consideration
of whether there are locations warranting special architectural details.
In reviewing projects, the Planning Board shall consider each of the
following principal features contributing to the identity of buildings
within the I District:
[1]
Size: the relationship of the project to the
site.
[2]
Scale: the relationship of the building to those
around it.
[3]
Massing: the relationship of the building's
various parts to each other.
[4]
Fenestration: the placement of windows and doors.
[5]
Rhythm: the relationship of fenestration, recesses,
and projections.
[6]
Setback: the relation of a building setback
to its immediate surroundings.
[7]
Materials: their compatibility with other buildings
constructed in the Commercial Districts.
[8]
Context: the overall relationship of the project
to its surroundings.
(b)
The following architectural design concepts
are encouraged:
[1]
Street-level expression line, visually tying
together the first floor and the upper stories, or creating a sense
of human scale in one-story structures that are greater than 20 feet
in total height. Entrances and doors shall be defined and articulated
by architectural elements compatible with the style, materials, colors
and details of a building as a whole.
[2]
Multiple buildings and/or accessory uses on
the same lot should be designed to create a cohesive visual relationship
between the structures.
[3]
Blank wall areas and long, uninterrupted rooflines
shall be avoided and should exhibit more detail and elements appropriate
for pedestrian view. Building surfaces over 75 feet in length should
be relieved with changes of wall plane (i.e., recesses and projections)
that provide strong visual interest.
[4]
Architectural features, materials, windows,
and articulation of a facade of a building should be continued on
all sides visible from a street or public parking.
[5]
Facade colors should be low-reflectance colors,
and building color should be carefully chosen to complement that of
its neighbors. High-intensity colors, metallic colors, black, or fluorescent
colors should not be used. Building trim and accent areas may feature
brighter colors.
[6]
Pitched roofs are encouraged, with considerations
given to the height of cornice line or other expression lines.
[7]
Existing structures, if deemed historic or architecturally
significant, should be protected from demolition or incompatible adjacent
development.
[8]
Windows should be greater in height than width
or of equal proportion. Mirrored, reflective, or all-glass walls should
not be permitted, nor should exterior roll-down security gates be
oriented to the street.
[9]
Industrial or commercial trailers are discouraged.
