[Added 3-4-2024 by L.L. No. 4-2024]
Where reduced bulk requirements are identified in Attachment
A for lots with central sewer facilities, such reduced bulk requirements
shall be applicable in the event that an existing sewer main is available
within the right-of-way directly adjacent to the lot, or in an easement
to which the lot has legal rights of use and that any proposed dwelling
will be connected to the main prior to issuance of a certificate of
occupancy, or that:
A.
Where sewer mains do not presently exist, they are proposed to be
extended to the lot prior to issuance of a certificate of occupancy,
and a bond or letter of credit suitable in form and amount to the
Town Board to guarantee construction of the main is provided by the
applicant; or
B.
That the lot is located within a public sewer district and the following
conditions exist:
(1)
The lot is not proposed as part of a major subdivision; and
(2)
The lot has been in existence for at least one year, or, if proposed
as part of a minor subdivision, the lot had not been part of a prior
subdivision within the last five years; and
(3)
A licensed professional engineer certifies and the Town Engineer
verifies that based upon observed soil testing and review of a wastewater
disposal system designed by a New York State licensed professional
engineer that the lot may be occupied, and the wastewater disposed
of without resulting in a danger to public health or personal property,
and that adequate separation distance exists to protect existing public
and private wells, and that the proposed system would not preclude
the viability for constructing a private well on any adjacent lot.
[Amended 9-19-2022 by L.L. No. 6-2022]
A.
Net acreage. Whenever the phrase "lot area, minimum lot area, or
minimum lot size" or similar term appears in this Zoning Chapter,
such phrase shall be deemed to be based upon net acreage following
the exclusion of the following environmentally constrained lands:
(1)
The 100-year floodplain as defined by and illustrated on the
Federal Emergency Management Agency (FEMA) Flood Hazard Boundary Maps
as those maps now exist or as they may be amended from time to time;
(2)
Wetlands, including New-York-State-designated wetlands but excluding
the 100-foot regulated adjacent area, and wetlands regulated by the
U.S. Army Corps of Engineers, as those wetlands now exist or may be
found to exist;
(3)
Lands under water, and lands covered by natural or constructed
water bodies, including, without limitation, retention and detention
basins;
(4)
Steep slopes equal to or greater than 30%;
(5)
Land encumbered by easements or other restrictions, including
utility easements, preventing use of such land for construction of
buildings, uses, and/or development.
B.
The net lot area, after exclusion of the features set forth in Subsection A above, shall be calculated, and any permissible residential density or nonresidential intensity of land shall be calculated on the net lot area. Any fractional dwelling unit shall be rounded to the nearest whole number.
C.
Area variance required. A lot shall be deemed conforming as to lot
area only if it meets the minimum lot area set forth in Attachment
A[1] or as otherwise required in this Zoning Chapter after subtracting those areas listed in § 57-21.1A above. Any lot area not meeting the minimum requirement shall require an area variance.
[1]
Editor's Note: Attachment A is included as an attachment to this chapter.
D.
These provisions shall not apply to any lot occupied by a single-family
detached dwelling for which a certificate of occupancy had been issued
prior to the effective date of this chapter, except that these provisions
shall apply to any proposed subdivision of a lot containing a single-family
detached dwelling.[2]
[2]
Editor's Note: Former Subsection E, Minimum lot area with
central sewer facilities, as amended, which immediately followed this
subsection, was repealed 3-4-2024 by L.L. No. 4-2024.
A.
Purpose. Consistent with the Town of Monroe Comprehensive Plan Update,
the Town of Monroe seeks to protect its environment, community character
and scenic beauty. The Town's prominent ridgelines are within the
viewshed of national and regional trails, including the Appalachian
National Scenic Trail. The Town has determined that prominent ridgelines
are an integral contributing element to the Town's landscape. The
purpose of this section is to minimize the visual and environmental
impacts of development located on or within 300 feet of a ridgeline
by regulating the placement of buildings and structures and limiting
the overall disturbance that occurs within the Ridgeline Protection
Overlay District. It is not the intent of this section to regulate
or limit development on small hills or rises on parcels within the
Town that are not prominent in the visual landscape and are not identified
on the Zoning Map.
B.
Applicability. The Ridgeline Protection Overlay District shall apply
to all lands within 300 feet of a ridgeline as shown on the Zoning
Map.
C.
Regulated activities.
(1)
No approval shall be granted and no building permit shall be
issued for any activities regulated herein without Planning Board
review and approval as per the requirements of this Section. The following
activities situated within the RP-O District are subject to review
and approval by the Planning Board:
(a)
Any activity requiring site plan approval from the Planning
Board.
(b)
Any activity requiring special use permit approval from the
Planning Board.
(c)
Any construction or use requiring the issuance of a building
permit, and where the proposed construction would disturb over 500
square feet of gross lot area or would exceed 20 feet in height as
measured from existing ground level within the RP-O District.
(2)
Activities that require a building permit on that portion of
a property occurring wholly outside of the RP-O District shall not
be subject to the following regulations.
D.
Procedure.
(1)
Building Inspector review. The Building Inspector shall review
a building permit application and determine if the activity is located
within the RP-O District. The building permit application shall be
referred to the Planning Board and said Board shall determine if it
is regulated in accordance with this section. No building permit shall
be issued for any regulated activity unless the Planning Board has
issued approval of the activity.
(2)
Design review. The Planning Board shall review the application
to determine if it complies with the design standards set forth herein.
(3)
Decision making. The Planning Board may approve, approve with
modifications, or disapprove the proposed activity. In the event that,
even with the imposition of conditions, the resource protection objectives
of this section cannot be satisfied, the Planning Board shall deny
an application for activities regulated herein.
(4)
SEQRA. The Planning Board, in its decision making, shall comply
with the regulations implementing SEQRA.
(5)
Timeframe for decision making. Where the Planning Board is reviewing
a site plan or special use permit application, the timeframe within
which to make a decision on an application proposed within the RP-O
District shall be reviewed concurrently and decided upon with the
site plan and special use permit. For any action that does not otherwise
require a site plan or special use permit, the Planning Board shall
render a decision within 62 days of receiving a complete application,
or the close of the public hearing, whichever occurs later. The Planning
Board, in its discretion, may hold a public hearing on the application.
(6)
The decision of the Planning Board shall be filed with the Building
Inspector.
E.
Submission requirements. The Planning Board shall determine the level
and detail of information that shall accompany the site plan, special
use or building permit application(s). The information to be submitted
shall depend on the nature of the proposed activity, e.g., its scale,
height and mass, and the potential for same to be visible from public
observation points. Data to be submitted include:
(1)
Any material submitted to the Building Inspector in conjunction
with a building permit, site plan or special use permit application.
Said application shall also include an architectural rendering of
the proposed structure, indicating the size and shape of the house,
its siding color and material, window locations, size and type and
roofing color.
(2)
Swatches, paint chips, and other samples indicating the materials
and colors proposed in the construction of the activity. The applicant
shall specify the methods and mechanisms of minimizing visual impacts
of existing and proposed structures, roads, driveways and other man-made
features.
(3)
A plan showing the location of existing and proposed roads,
structures, driveways, or other man-made feature. The plan shall indicate
the maximum first-floor topographic elevation and the maximum elevation
to the highest point of each building and structure. Grading and the
limits of disturbance shall be shown.
(4)
Visual assessment form, indicating the public observation points
from which the proposed activity may be visible.
(5)
Additional submittals. The Planning Board, in its discretion,
may also require submission of the following information:
(a)
Soil stability analysis. A soil stability analysis shall be
submitted to the approving agency to demonstrate that the construction
will not compromise the stability of the terrain (including any man-made
structure on site) and certified to that effect by a New-York-State-licensed
geotechnical engineer. The Planning Board may waive this requirement
if the Village Engineer advises the Planning Board that it is unnecessary
owing to the particular conditions of the site and the nature of the
requested approval.
(b)
Visual impact analysis. A visual impact analysis shall be submitted
to the extent and level of detail commensurate with the circumstances
of the requested approval, if the Planning Board makes a finding that
any structures may have a significant visual impact on the environment.
Such visual impact analysis may be required to include a verifiable
digital photomontage combining an existing conditions photograph with
a three-dimensional computer-aided design ("CAD") model of proposed
conditions using match points that are in common in both the three-dimensional
model and the photograph to create a verifiable visual simulation
of the proposal, during leaf-off -no snow conditions, from distances
and vantage points as determined appropriate by the Planning Board.
A balloon test may be required to determine whether any proposed structure
would be visible from a public road.
(c)
Tree survey. A tree survey shall be submitted showing on the
site plan the location, type, and diameter of every tree of 10 or
more inches dbh that is being proposed to be eliminated. The Planning
Board may require a photographic record of the vegetative coverage
taken from vantage points determined by it to be appropriate given
the particular circumstances of the requested approval. In addition,
the Planning Board may require an inventory of shrubs and plants for
purposes of identifying species typically found on the property and
determining appropriate compensatory coverage.
(d)
In consultation with the Planning Board, the applicant shall
provide a list of observation points from which the structure may
be visible. The applicant shall provide photographs taken from the
observation point of the development site with aerials markers (e.g.,
balloons) if required by the Planning Board.
(e)
Any additional information as may be requested by the Planning
Board to render its decision.
F.
Design standards.
(1)
Location outside RP-O District. The Planning Board, in its discretion,
may require that activities and structures be located on those portions
of a lot outside the ridgeline regulated area. The Planning Board,
in reviewing a subdivision plan, shall ensure that proposed lots be
platted, and buildings be situated on the landscape so that proposed
disturbance areas and building locations are located outside the RP-O
District.
(2)
The installation of all structures and associated driveways,
gardens, terraces, walls, ponds, patios, and utilities shall minimize
to the greatest extent practicable all blasting, chipping, cutting,
filling, and mechanical recontouring of the natural terrain, and shall
take advantage of the screening potential of existing vegetation and
land features to screen any activity regulated herein. All land-disturbing
activities, including but not limited to clearing, grading, excavation,
building construction, construction of driveways and roads, cutting,
and filling, shall be limited to the minimum land area necessary to
accommodate the proposed use or activity, and shall in no case be
greater than 5,000 square feet plus land necessary for driveway access,
unless a larger area is required to accommodate a septic system, in
which case that larger area shall be permitted to be disturbed.
(3)
If such structures cannot be completely obscured, they shall
be made to blend as unobtrusively as possible into the hillside to
avoid breaking the natural ridgeline. Structures shall be designed
to step with or follow the natural terrain to minimize regrading.
Landscaping may be required by the Planning Board as mitigation for
negative impacts on the public viewsheds and to minimize the visibility
of the proposed improvements.
(4)
Natural and historic features that provide scenic importance
to the mapped areas of the Ridge Line and Precipice Overlay District
areas shall be preserved and remain undisturbed to the greatest extent
practicable. These features shall include, but are not limited to,
historic buildings and structures, stone walls, steps and paths, boulders,
natural rock outcroppings, and streams.
(5)
Location below the ridgeline. All structures shall be sited
so that the roof or the top of the structure is located below the
ridgeline unless the structure is fully screened by existing vegetation
and appropriate restrictions are placed on the lot to ensure that
said vegetation is not removed. In no instance shall a structure pierce
the skyline as seen from any public road. Vegetation shall be retained
or planted to ensure this requirement is met. The Planning Board may
impose conditions or otherwise limit the maximum height of any structure
to achieve the objectives of this section.
(6)
Proposed building materials (including but not limited to retaining
walls and windows) shall be used with dark earth-toned and nonreflective
building materials to ensure that the structure blends with the surrounding
landscape. Structures shall blend in with natural surroundings through
preferred use of stone or natural wood siding and use of roofing materials
with dark earthtone colors.
(7)
Native vegetation to be preserved. Removal of native vegetation
including shrubs and trees shall be minimized to the maximum extent
practicable. The Planning Board may impose conditions or otherwise
limit the amount of disturbance permitted. The Planning Board may
also require landscaping with native noninvasive species to offset
potential visual or environmental impacts associated with the proposed
disturbance. Clear-cutting of trees in a single contiguous area shall
be prohibited, unless expressly permitted by the Planning Board.
(8)
Clear-cutting prohibited. Notching out trees and clear-cutting
on the ridgeline shall be prohibited. The continuity of the treeline
when viewed from a public observation point shall not be disturbed.
(9)
Lighting shall be minimized. The Planning Board may require
the use of dark sky compliant fixtures or otherwise limit the amount
of lighting associated with a proposed activity to the minimum necessary
to protect the health, safety and welfare of occupants.
(10)
Colors. The Planning Board may require that a structure be limited
to specified dark earthtone colors to limit visibility of the structure.
(11)
Building envelopes. To ensure that the placement of structures
and other improvements complies with these standards, the Planning
Board shall limit permitted development to specified building envelopes
showing acceptable building sites and areas of permitted clearing
of vegetation and grading of land. Such building envelopes shall:
(12)
Any subdivision showing a potential structure within the RP-O
District shall have a note referencing this section of the Zoning
Chapter or a note indicating detailed plans and restrictions for specific
structures for specific lots that have been approved during the subdivision
process along with the restrictions imposed.
(13)
The Planning Board shall consider the proximity of any parcel
to existing trails and potential trail connections, and endeavor to
incorporate existing or proposed routes where necessary.
G.
Conditions. The Planning Board shall attach conditions to its approval
as it deems necessary to achieve the RP-O District. Such conditions
may include the following:
(1)
Limiting building to a specified "building envelope" area.
(2)
Requiring a conservation easement on land outside a building
envelope.
(3)
Requiring landscaping to buffer and screen proposed structures.
(4)
Reducing the height, footprint, or floor area of a proposed
structure.
(5)
Modifying the architecture, building materials, or other design
features of a structure so that it will blend into the landscape.
(6)
Limiting alteration of landforms through grading, cutting, or
filling.
(7)
Changing the location and siting of structures, including the
alignment of roads and driveways and the placement of any other improvements
on the property.
(8)
Restricting clearing of trees and reduction of tree cover.
(9)
Other conditions deemed necessary to achieve the objectives
of this section.
H.
Waivers from design standards. The Planning Board, in its discretion,
may waive the design standards set forth herein where it determines
that the objective of preserving the visual and rural landscape is
best achieved by granting the waiver.
A.
Purpose. The purpose of this overlay is to protect the quality of
streams and surface waters that contribute to surface water drinking
water supplies located within the Town of Monroe. To this end, these
regulations apply to all lands within the watersheds that contribute
surface water, directly or indirectly, to Mombasha Lake and Walton
Lake. These regulations further protect the aquatic ecological systems
associated with these lakes. It is well established that impervious
surfaces collect and accumulate pollutants deposited from the atmosphere,
leaked from vehicles or derived from other sources. During storms,
accumulated pollutants are quickly washed off and rapidly delivered
to surface water systems through stormwater runoff. Numerous studies
have concluded that it is extremely difficult to maintain predevelopment
stream water quality when development within a watershed development
exceeds fifteen-percent lot coverage. In order to protect these water
supply resources, the maximum allowable lot coverage of any lot within
the Water Supply Protection Overlay District shall be restricted to
protect the quality of streams and water that contributes to surface
water supplies.
B.
Applicability. These regulations apply to any development application
that requires site plan, special use permit, or subdivision approval
of the Planning Board. These regulations shall limit the total maximum
lot coverage of any property within the WSP-O District. The total
lot coverage shall be the percentage of the lot area that is occupied
by the area of buildings„ structures and all impermeable and/or
compacted surfaces, including but not limited to roads, parking lots,
access and circulation drives that may be or are proposed to be located
on any lot. The maximum lot coverage shall apply to the cumulative
impervious surfaces shown on any site or subdivision plan, including
roads.
C.
Limitation on impervious surface coverage. The maximum lot coverage
of any property within the WSP-O shall be 15% in cases where the proposed
development does not integrate stormwater quality controls into the
design of the development.
D.
Water quality control structures. Where a proposed development integrates
stormwater quality controls, the Planning Board may permit an increase
in the total maximum lot coverage to 35%, provided it finds, in consultation
with the Town Engineer, that the stormwater quality controls will
reduce potential water quality impacts to predevelopment conditions.
E.
Conditions. The Planning Board shall attach conditions to its approval
as it deems necessary to achieve the RP-O District. It shall require
applicable notes on any map, site plan or subdivision plan. Such conditions
may include the following:
(1)
Limiting the total impervious surface area on any lot.
(2)
Requiring a conservation easement on land outside a building
envelope.
(3)
Reducing the footprint of a proposed structure.
(4)
Requiring cluster subdivision development.
(5)
Reducing the total number of buildings, the area dedicated to
parking, and limiting the length of driveways.
(6)
Other conditions deemed necessary to achieve the objectives
of this section.
F.
Waivers. The Planning Board, in its discretion, may allow an increase
in the maximum lot coverage, not to exceed that set forth for the
applicable use and zoning district set forth in the Schedule of District
Regulations,[1] where it determines, based upon the findings of a stormwater
study and in consultation with the Town Engineer, that the objective
of this section can be accomplished through other accepted mitigative
techniques.
[1]
Editor's Note: Said schedule is included as an attachment to this chapter.
A.
Intent. The scenic beauty of Monroe and its landscape is exceptionally
desirable and is an important asset of the community, the Hudson Highlands,
and the Hudson River Valley Greenway region. Sensitive planning of
all development along the Town's scenic roads, as identified in the
Town of Monroe Comprehensive Update, is critical to maintaining the
rural woodland and scenic character that lends much importance to
Monroe's desirable community character. In furtherance of protecting
such scenic and rural woodland quality, a scenic buffer zone is required
to be maintained along properties that front to a designated scenic
road.
B.
Scenic buffer zone established. For purposes of this section, a scenic
buffer zone is an area on any lot extending from the road right-of-way
line on a designated scenic road into a lot a distance equal to half
the depth of the required front yard specified in the Schedule of
District Regulations[1] for the applicable use and zoning district in which the
lot is located.
[1]
Editor's Note: Said schedule is included as an attachment to this chapter.
C.
Buffer maintenance required. Each lot adjacent to a scenic road shall
maintain the scenic buffer zone in a condition which preserves the
vegetation and structures that render the road scenic. The buffer
shall closely resemble the natural appearance of any undeveloped land.
Within the scenic buffer zone there shall be no significant disturbance,
including, but not limited to, tree removal, clearing, grading and
filling, or the building of structures except as approved by the Planning
Board.
D.
Exceptions. The following activities within the scenic buffer zone
shall not require approval:
(1)
Maintenance of existing landscaping.
(2)
Removal of dangerous dead wood.
(3)
Repair of existing fences, stone walls or retaining walls, provided
that original materials and building techniques are used.
(4)
Construction of a driveway, where said driveway is shown on
an approved subdivision or site plan. If the driveway has not been
reviewed, its location shall be subject to Planning Board review and
approval.
E.
Fences. Chain link and stockade fences shall be prohibited within
the scenic buffer zone.
F.
Subdivision and site plan review. Where the Planning Board reviews
an application subject to subdivision or site plan review, the Planning
Board shall require that the scenic buffer zone mapped on the plan.
To the maximum extent practicable:
(1)
Lots shall be designed so as to maximize the number of lots
which gain access from a road internal to a new subdivision rather
than the scenic road. The Planning Board shall approve the location
of all driveways proposed to access the scenic road, and shall limit
the clearing of any vegetation within the scenic buffer zone or within
the public right-of-way to the minimum necessary to assure safe sight
distances.
(2)
The Planning Board may require shared entrances of adjoining
driveways to minimize the number of curb cuts along the scenic road.
Where a shared entrance is proposed, the Planning Board may allow
driveways to be located within required side yards.
(3)
The Planning Board may require supplemental landscaping to screen
views into new developments or may increase the depth of the scenic
buffer zone so as to capture any features associated with a scenic
road vista.
(4)
Map notes shall be included on a plan which designates the scenic
buffer zone and requires the maintenance of structures and preservation
of vegetation within the scenic buffer zone.
(5)
Stormwater ponds, electric utility boxes, and other utility
infrastructure shall not be located within the scenic buffer zone
unless the Planning Board determines there is no alternate location
for same, and where said infrastructure is screened from view to the
satisfaction of the Planning Board.
(6)
Existing vegetation, stone walls, mature trees and tree rows
within any road right-of-way will be retained in its undisturbed state
except where the Planning Board requires rehabilitation of fences
or walls in conjunction with plan review.
(7)
The Planning Board may allow a subdivision identification sign
at the entry to a subdivision within a scenic buffer zone provided
an undisturbed woodland or vegetated backdrop is retained and any
vegetative removal shall be the minimum necessary. The sign shall
be subject to architectural review and approval and shall be designed
to be permanent, require minimal maintenance, be consistent with the
materials of any existing stone walls or other historic features,
and shall not be detrimental to the appearance of the scenic road.
(8)
The Planning Board may require all utilities to be underground.
(9)
The Planning Board may require preservation of existing trail
routes, incorporation of a new trail alongside a scenic road, or otherwise
incorporate trail connections into the design of a site plan or subdivision.
G.
Highway improvements to scenic roads.
(1)
Alterations and improvements of designated scenic roads shall
be carried out to preserve to the highest degree possible and enhance
wherever feasible the scenic characteristics of a designated scenic
road.
(2)
Routine road maintenance and emergency repairs undertaken by
the Highway Superintendent shall not require Town Board approval.
Routine road maintenance shall mean: trimming of the tree branches
that encroach on the traveled portion of the road below the height
needed to allow school buses and emergency vehicles to pass; trimming
or removal of brush or other obstacles that encroach on the traveled
portion of the road; necessary trimming for utility lines; trimming
of brush to enhance and protect scenic views, stone walls, mature
trees and other characteristics of the scenic road; correction of
drainage problems; and retreatment and repair of existing roadway
surfaces.
(3)
In the case of a natural disaster in which, in the judgment
of the Highway Superintendent, a road or a portion thereof becomes
impassable or unsafe for public travel, emergency repairs and reconstruction
by the Highway Superintendent may be made as needed to restore the
road to its pre-emergency condition and surface. Repair work that
would change the condition of the road to other than its state prior
to the disaster is subject to procedures required for alterations
and improvements not involving routine road maintenance or emergency
repairs.
(4)
All activities listed herein that occur within the right-of-way
of a scenic road are not "emergency repair" or "routine road maintenance"
and shall be reviewed by the Town Board. Such activities include,
but are not limited to:
(5)
Any proposal for alteration or improvement of a designated scenic
road shall be submitted to the Town Board. Such proposal shall be
accompanied by photos, a suitable map showing the location of each
proposed improvement or alteration, and, when deemed necessary by
the Town Board, a short report describing the proposed alterations,
discussing the reasons for the proposed alteration and available alternatives,
if any. The Town Board shall review and approve any such alterations
and improvements prior to any action.
H.
The following standards shall guide Town Highway Department, the
Town Board and Planning Board in the review of any action within their
jurisdiction requiring improvements to be made to a designated scenic
road:
(1)
Curves. Scenic and historic values correlate with the existence
of curves in a roadway which allow a constant unfolding of new and
changing views. Curves shall not be eliminated unless they constitute
a safety hazard and unless no reasonable economically practicable
alternative, such as lower speed limits, could address safety concerns.
(2)
Grades. Hills and valleys and corresponding changes in typography
and road grades are correlated with scenic and historic values. Changing
grades through cuts and fills shall not be undertaken unless necessary
for roadway safety.
(3)
Widths. Narrow roads correlate with scenic and historic beauty,
especially when surrounded by natural vegetation and a canopy of trees.
Scenic roads, or portions thereof, shall not be widened unless there
are no other reasonable, economically practicable alternatives, such
as construction of wide bypasses and turnouts at intervals where they
will have the least impact on scenic and historic values.
(4)
Side slopes. Existing steepness of side slopes are preferred
to reduction of gradient through extensive removal of soil, rock,
and slope, particularly where the slope is fully stabilized and has
extensive ground cover, shrubs or trees.
(5)
Vistas. Roadside views of near and distant scenic and historic
landscapes shall be preserved and, where possible, enhanced through
vegetative management and selective cutting to maintain or open up
such views.
(6)
Stone walls. Stone walls should be retained wherever possible.
If stone walls or portions thereof must be removed for safety reasons,
they should be rebuilt in a comparable manner within the untraveled
portion of right-of-way of the scenic and historic road.
(7)
Utility lines. Wherever possible, utility lines should be placed
underground. Where they are overhead the utility corporations should
be encouraged to cooperate by implementing suitable vegetation management
techniques which preserve wildflowers and the shrubs.
(8)
Vegetation. Vegetation on the side of the road shall be managed
in such a way as to preserve flowers, shrubs, wildlife and trees.
Overarching isolated trees and the canopy of a closed forest are valuable
scenic qualities and should be preserved wherever possible. Maintenance
of scenic roads should be done so as to minimize root damage to bordering
trees.
(9)
Drainage ditches. Drainage swales shall be vegetated or lined
with stones in areas subject to erosion.
A.
General. Landscape materials shall be utilized in a positive manner
in all developments for purposes of architectural enhancement, space
articulation, screening, privacy control, erosion control, noise control,
atmospheric purification, traffic control, glare and reflection control,
solar radiation control, wind control, precipitation control and temperature
control. All areas of a lot not left in a natural state and not developed
with buildings, driveways or other impervious surfaces shall be maintained
continuously in a dust-free condition by installing suitable landscaping,
including trees, shrubs, grass or other ground cover, or by providing
a stable pervious surface, such as pervious pavers, gravel, crushed
rock or similar material. Landscape treatments shall minimize soil
erosion and stormwater runoff and provide necessary screening as set
forth herein.
B.
Landscaping standards. A landscape plan shall be submitted in conjunction
with any site plan or special use permit application. The following
standards shall be met:
(1)
Landscaping shall be appropriate to the project, and the natural
vegetative cover shall be preserved to the maximum extent practicable.
Natural areas shall be protected during construction. A concerted
effort shall be made during the design stage to integrate existing
natural features of the site into the landscape plan.
(2)
A landscape plan shall be prepared by a landscape architect
or other New-York-State-licensed qualified design professional practiced
in the profession of landscape design. The Planning Board, as a condition
of approval, may require that the landscape consultant periodically
inspect the construction and installation of landscape materials.
(3)
The landscape plan shall include a planting schedule which indicates
the number, planting size, and quantity of each planting material
to be installed. Details indicating the planting method for each type
of material, e.g., trees or shrubs, shall be provided on the landscaping
plan, and shall follow planting details and specifications promulgated
by the International Society of Arboriculture, AmericanHort, or similar
organization.
(4)
A landscape plan shall include plant selection suitable to the
conditions of the site. Plant specimens native to the region are to
be used to the greatest extent practicable.
(5)
Within the area of proposed disturbance, the location of trees
with a diameter of 10 inches or greater measured at chest height ("dbh")
shall be indicated on the plan. The tree specimen and its conditions
shall be noted on the plan. Healthy trees 12 inch dbh shall be preserved
to the maximum extent practicable.
(6)
For landscaped areas near roads, plants shall be selected according
to their hardiness and ability to withstand highway salt conditions
or snow "throw" compaction.
(7)
In parking lots, landscape medians to receive plant materials
shall have a minimum inside width of five feet, except that where
vehicle overhang is permitted an inside width of 10 feet shall be
required.
(8)
Approved mulch shall be spread within a landscaped space at
a level not to exceed 1 1/2 inches below top-of-curb, and at a depth
of not less than three inches. Mulch shall be placed in all planting
beds to a minimum three-inch depth. Mulch may consist of clean wood
chips, pine bark, peat moss, stone aggregate, or other approved material.
As a general guideline, mulch shall be clean, homogeneous, attractive,
and self-matting so that it does not blow in the wind.
(9)
Areas that will receive continued pedestrian movement shall
be paved. Paving can be cast-in-place concrete, impressioned concrete,
or precast concrete unit pavers set in an approved setting bed. Bituminous
concrete or asphalt walks are not acceptable.
(10)
In general, planting designs shall strive for year-round seasonal
interest and a natural, yet ornamental, appearance.
(11)
Attention to environmental objectives and energy conservation,
as well as design value, should be evident in the landscape plan.
Environmental applications for plantings can include, among others,
air filtration, temperature modification, natural slope stabilization,
provision of edible-fruit-bearing plants, the use of NYSDEC recommended
wetland plants in wetland buffer areas, and similar environmental
objectives.
(12)
Plantings of all types shall be completed only at such times
as weather and soil conditions are favorable for seed germination,
plant establishment and subsequent growth. Generally, such conditions
occur between April 1 and June 1 and between August 20 and October
15; however, conditions vary for different plants and different years.
Accepted horticultural practices shall be followed in this regard.
(13)
Extreme care and caution shall be exercised in grading operations
around existing trees scheduled for preservation. Protective tree
fencing shall be placed around the tree(s) at or beyond the dripline(s).
Cuts within the dripline, or the addition of 12 inches or more of
fill, can result in tree mortality and shall be avoided to the maximum
extent.
(14)
Tree wells are encouraged where grading necessarily comes in
close proximity to trees. In areas of fill, the tree well should be
concentric to the dripline, and of a diameter at least half that of
the dripline. In areas of cut, the tree well should also be concentric
to the dripline but should be of a diameter at least equal to that
of the dripline. In cases where grade changes affect only one side
of the tree, partial tree wells are acceptable.
(15)
The use of earth berms and other grading techniques is allowed,
especially on flat sites or in locations where screening is warranted
or necessary. The height, size and width of the berm shall be suitable
for the intended plantings and shall fit with the character of the
overall proposed design of the site.
(16)
The use of flowering annuals and perennials is encouraged in
areas close to pedestrian movement and shall receive frequent maintenance.
(17)
A mix of plant materials, sizes, habits and textures shall be
selected for each planting plan. Over-planting of any one species
shall be avoided. The use of indigenous species is encouraged. The
use of exotic species shall be avoided to the maximum extent.
(18)
Construction practice and planting specifications should follow
ANSI Z60.1 American Standards for Nursery Stock or equivalent.
(19)
All plantings shown on an approved landscape plan shall be maintained
throughout the duration of the use, and plants not so maintained shall
be replaced in accordance with the specifications of the approved
plan.
(20)
Erosion and sedimentation controls shall be provided and designed
in accordance with the New York State Department of Environmental
Conservation Best Management Practices.
C.
Screening. As a condition of approval, the Planning Board may require
that a screen be established to minimize views of facilities, buildings
and parking areas associated with nonresidential uses from adjoining
residences and the public right-of-way. Transformers, gas meters,
dumpsters and similar appurtenances shall also be screened. Plantings
shall be indicated on the site or subdivision plan and shall meet
the following standards:
(1)
Plant materials shall be no less than four feet in height when
planted and shall be spaced to form a continuous, solid screen at
maturity. Plant materials shall be spaced at distances no greater
than 10 feet on center or other suitable distance, based on the specimen
to be planted, which will provide adequate screening within five years
after installation. Coniferous trees and shrubs shall be used to provide
year-round screening. Where necessary, deer-resistant species shall
be installed.
(2)
A wall, fence (finished side out), or earthen berm may be substituted
for, or required in conjunction with, planting materials, upon approval
of the Planning Board. The Planning Board shall establish conditions
on the location, height and design of same.
D.
Waivers. Where existing topography or vegetation or other circumstance
provides adequate landscaping or screening which warrants an exception
to the strict application of standards in this section, the Planning
Board may waive the landscaping or screening requirements set forth
in this section.
A.
Purpose and applicability. It is the purpose of this section to minimize
light pollution in the Town of Monroe by:
(1)
Using fixtures with optical controls that distribute light in
the most effective and efficient manner;
(2)
Using full cut off and shielded outdoor light fixtures;
(3)
Assuring that the light generated by outdoor fixtures does not
extend beyond the property line of the property from which it emanates
at levels exceeding the requirements of this section;
(4)
Requiring that certain outdoor fixtures be extinguished during
nighttime hours as shall be determined by the Planning Board during
site plan, special use permit, and subdivision plan review.
(5)
This section shall not apply to fixtures for single-family detached
dwellings.
B.
Lighting plan. As part of any site plan or subdivision plan, the Planning Board may require submission of a lighting plan and supporting data. Said plan and data shall illustrate proposed fixture locations, lighting levels measured in footcandles, details and illustrations of proposed fixtures, glare control devices, lamps, mounting heights, and a description of hours of operations and proposed maintenance. The Planning Board may require illumination intensities to be plotted on a ten-foot-by-ten-foot grid. The Planning Board, if required in accordance with Article IX, shall approve the architectural style of the fixture(s).
C.
Standards. Lighting shall conform to the following standards:
(1)
All lighting, including sign lighting, shall be designed and
arranged so as to minimize glare and reflection on adjacent properties.
(2)
The style of the light, light standard, pole and fixture shall
be consistent with the architectural style of the building and its
surroundings.
(3)
The maximum height of a light fixture shall not exceed 20 feet.
(4)
The source of the light shall be fully shielded with full ninety-degree
cut-off luminaires and so located such that it shall not be visible
beyond the property boundary on which it is situated.
(5)
All outdoor lighting shall be of such type and location to provide
a minimum illumination of one footcandle in publicly accessible areas
and shall be shielded so as to prevent the source of the light from
being a visual nuisance to any adjoining property.
(6)
Illumination from light fixtures shall not exceed 0.05 footcandle
on adjacent residential property, or 0.1 footcandle on adjacent business
property, as measured along the shared property boundary at ground
level. A maximum uniformity ratio (average to minimum) of 4:1 shall
be achieved for all lit areas.
(7)
The Planning Board, as a condition of approval, may impose limits
on the hours of lighting operation and may require that lights be
controlled by automatic timing devices. The Planning Board shall consider
the need to provide security in determining the hours of operation.
(8)
Light control shall be accomplished primarily through the proper
selection and layout of lighting fixtures. The installation of landscaping,
fences, walls or similar screening devices may also be considered
by the Planning Board to ensure that light spillage onto adjoining
properties is minimized.
(9)
Mercury vapor lights and quartz lamps are prohibited light sources,
except to the extent that the local utility provider utilizes same
for street lighting. Energy-efficient light sources are encouraged.
(10)
Luminance and uniformity. Light levels shall be designed not
to exceed the latest recommended levels for outdoor lighting set by
the Illuminating Engineering Society of North America (IESNA) for
the type of activity/area being lit, except light levels for ATM machines
shall be in accordance with the New York State ATM Safety Act. Where
no standard is available from the IESNA, the applicable standard shall
be determined taking into account the levels for the closest IESNA
activity. Where said standard is inconsistent with the footcandle
requirements set forth herein, the more stringent shall apply.
(11)
The Planning Board may impose conditions on any site plan, subdivision
plan or special use permit to ensure that the objectives of this section
are met.
(12)
Waivers. Where site conditions warrant exceptions to the strict
application of these lighting standards, the Planning Board may waive
the requirements set forth in this section where it determines that
the waiver shall not violate the purposes of this section.
A.
Purpose.
(1)
Chapter A65, Subdivision of Land, of the Code of the Town of Monroe provides for the clustering of proposed developments as authorized under § 278 of the Town Law of the State of New York. The Planning Board may approve cluster developments in all districts according to the procedures and requirements specified below. The purpose of this provision is to allow an alternative permitted method for the layout, configuration and design of lots, buildings and structures, roads, utility lines and other infrastructure, parks, and landscaping in order to preserve the natural and scenic qualities of open lands as described further below.
(2)
The provisions of this section shall apply throughout the Town
of Monroe where residential uses are allowed.
(3)
In order to increase design flexibility, two or more contiguous
parcels of land, including parcels separated by a town, county, state,
or private road, may be grouped together as one cluster provided the
parcels are in common ownership and are merged into one parent parcel.
(4)
The application of these provisions shall be guided by the important
physical, cultural and natural features of the particular property
under review as follows:
(a)
Steep slopes.
(b)
Freshwater wetlands under the regulatory jurisdiction of the
New York State Department of Environmental Conservation (DEC) and/or
the U.S. Army Corps of Engineers.
(c)
One-hundred-year floodplains as identified on Federal Emergency
Management Agency (FEMA) maps.
(d)
Properties listed on the National and/or State Registers of
Historic Places or eligible for listing by the New York State Office
of Parks, Recreation and Historic Preservation for inclusion on such
registers.
(e)
Lands containing a farm operation within a New York State Agricultural
District or within 500 feet of lands containing a farm operation within
a New York State Agricultural District.
(f)
Significant viewsheds as determined by the application of the
State Environmental Quality Review Act.
(g)
Recreational resources and water bodies including lakes, ponds,
streams, or other potentially significant recreational resources.
(h)
Known habitats containing endangered, threatened, or special
concern wildlife species, protected native plants, endangered, threatened,
or rare plants, or state-identified significant habitats.
(i)
Unique or unusual land forms or geological formations.
(j)
Existing or potential trails including bikeways, hiking trails
or multiuse, nonmotorized routes of local, county, state or national
significance.
B.
Procedure.
(1)
Unless waived as per Subsection B(2) below, the Planning Board of the Town of Monroe shall require that an applicant for a residential major subdivision submit to the Planning Board a conservation plan, a conventional subdivision plan, and a conceptual cluster plan with the filing of the application for preliminary subdivision approval. The Planning Board shall review the conservation, cluster and conventional plans and shall require such other and further details for each plan that it reasonably believes necessary to evaluate same. Until all requested information is submitted, the application for preliminary subdivision approval shall be deemed incomplete. Nothing herein shall limit an applicant from requesting a cluster subdivision approval for a minor or major subdivision.
(2)
Planning Board waiver of cluster subdivision. Notwithstanding
anything set forth in this chapter to the contrary, the Planning Board
may waive, but shall not be obligated to waive, the requirement of
a cluster plan submission for subdivisions involving five acres or
less.
(3)
Conservation value analysis and plan.
(a)
In order to determine the conservation value of open space on
a specific parcel of land, the applicant shall prepare and the Planning
Board shall review a "conservation plan" of such parcel. The open
space protected pursuant to this section shall have "conservation
value" which may include historic, ecological, agricultural, water
resource, scenic, or other natural resource value. Lands with conservation
value include scenic view corridors, agricultural land, land with
prime farmland soils or soils of statewide importance, aquifers and
their recharge areas, ecological habitat for sensitive species, historic
buildings or landscapes, large areas or contiguous forest, ridgelines
and hillsides visible from public roads or other public areas, state
or federal wetlands, lakes, water bodies, and stream corridors. These
areas shall be mapped on a separate conservation plan which clearly
demarcates these areas.
(b)
The Planning Board shall review the conservation plan, and determine which resources are to be protected as open space. No less than 50% of the gross area of the parcel shall be set aside for conservation as part of a cluster layout. The open space is separate and in addition to any land which the Planning Board deems must be set aside for active recreation pursuant to Chapter A65, Subdivision of Land.
(4)
Review of conventional plat to determine residential yield.
(a)
The conventional subdivision plan shall be submitted to establish the maximum number of lots or dwellings that shall be permitted on the subject property, referred to as the residential yield. The permitted number of dwelling units in a cluster subdivision shall in no case exceed the number of units that, in the Planning Board's judgment, would be permitted if the land were subdivided into lots conforming to the minimum lot size and density requirements of this chapter, the Subdivision Regulations, the Orange County Department of Health regulations, and all other applicable local, state and federal laws, regulations and standards. The basis for this determination will be a conventional subdivision plat for the subject parcel showing all environmental constraints as per § 57-21.1 of this Zoning Chapter, as well as roads (including road grades), stormwater basins, required setbacks for individual wells and septic systems, and other information as may be required by the Planning Board. The Planning Board shall, by resolution, establish the maximum residential yield upon a review of the conventional plan layout. The Planning Board may waive submission of documentation of the full residential yield where, in the Planning Board's judgment, the number of lots proposed is substantially less than the total allowable residential yield, provided that the plat contains a notation clearly indicating the reduction in the total lot count for the remaining unsubdivided parcel.
(5)
Cluster layout. Using the conservation plan as a basis for determining
areas to be protected as open space, the applicant shall design a
cluster plan layout which preserves the natural attributes and resources
shown on the conservation plan that have been evaluated by the Planning
Board and determined to be areas which shall remain as open space.
(6)
Resolution to pursue cluster or conventional layout. Upon review of the preliminary conventional and the cluster subdivision plans, the Planning Board shall advise the applicant as to which plan shall be advanced through the subdivision review process set forth in Chapter A65, Subdivision of Land, and/or the site plan review process as per Article VI of this Zoning Chapter. For purposes of SEQRA review, said resolution shall not be deemed an "action."
C.
Design standards for cluster subdivisions.
(1)
Allowable uses. In the OSR-3, RR-1, and SR-20 Zoning Districts, the residential uses allowed within a zoning district shall be single-family detached dwellings on individual lots. In the SR-15, SR-10, and URM Zoning Districts, multiple dwelling groups may be allowed at the discretion of the Planning Board, and the maximum density shall be as established in § 57-21.6. The total number of dwellings shall not exceed the maximum residential density determined in Subsection B(4) above.
(2)
Subdivision of clustered lots. No further subdivision of clustered
lots shall be permitted. A map note specifying this restriction shall
be included on the final cluster plan.
(3)
No buildings may be constructed within the open space area,
except that the Planning Board, in its discretion, may allow outbuildings
such as barns or sheds associated with agricultural operations to
be located in an open space area which is preserved for agricultural
uses.
(4)
Utilities. A cluster development may be served by individual
well, individual septic, or central water and central sewer facilities,
each approved by the appropriate agency or other entity having jurisdiction.
All water, sewer and gas lines, power, telephone, cable and other
communication services shall be installed underground in compliance
with state and local regulations.
(5)
Arrangement of lots and dwelling units. The following guidelines
shall apply:
(a)
Retain and reuse existing farm roads, lanes or driveways rather
than constructing new roads or driveways. This minimizes clearing
and disruption of the landscape and takes advantage of the attractive
way that old lanes are often lined with trees and stone walls. (This
is not appropriate where reuse of a road would require widening in
a manner that destroys trees or stone walls.)
(b)
Preserve stone walls and hedgerows. These traditional landscape
features define outdoor areas in a natural way and create corridors
useful for wildlife. Using these features as property lines is often
appropriate, as long as setback requirements do not result in constructing
buildings in the middle of fields.
(c)
Avoid placing buildings in the middle of open fields. Place
buildings either at the edge of fields or in the ecologically least
significant parts of wooded areas where they will be less intrusive
to views from adjacent roads, trails or high viewpoints.
(d)
Use existing vegetation and topography to buffer and screen
new buildings if possible, unless they are designed and located close
to the road in the manner historically found in the Town. Site buildings
in groups or tuck them behind tree lines or knolls rather than spreading
them out across the landscape in a sprawl pattern.
(e)
Minimize clearing of vegetation at the edge of the road, clearing
only as much as is necessary to create a driveway entrance with adequate
sight distance. Create curves in driveways, with due regard to safety
issues, to increase the screening of buildings.
(f)
Site buildings so that they do not protrude above ridgelines
as seen from public places and roads. Use vegetation as a backdrop
to reduce the prominence of the structure. Wherever creating vistas
is intended, open up views by selective cutting such as removal of
understory vegetation and pruning lower branches of large trees, rather
than by clearing large areas or removing large trees.
(g)
Minimize crossing of steep slopes with roads and driveways.
(h)
The required open space land may not include private yards located
within 75 feet of a principal building.
(6)
Parcels in more than one district. Density calculations shall
be made separately for the portion of the parent parcel in each district.
This density may then be combined and distributed anywhere within
the parent parcel, provided that the layout and design are consistent
with the purposes of each district, the dwelling unit is permitted
in the applicable zoning district, and that dwelling units are clustered
at higher densities in the higher density district.
(7)
Minimum lot area and yard requirements. The Planning Board is
allowed to vary the minimum yard and lot area requirements otherwise
required in the Schedule of District Regulations[1] as follows:
(a)
The minimum lot area for individual lots with single-family
detached dwellings in a cluster subdivision shall be as follows: The
minimum lot size may be reduced by 50% of what otherwise would be
required for a conventional lot in the district, except that no single
lot shall be less than 7,500 square feet, whichever is greater.
(b)
The minimum yard requirements shall be established by the Planning
Board during cluster review.
[1]
Editor’s Note: Said schedule is included as an attachment to this chapter.
(8)
Multiple dwellings. The yard requirements shall be established
by the Planning Board during cluster plan review, and shall be no
less than 50% of what otherwise would be required for a conventional
lot in the district. The Planning Board shall determine the maximum
lot coverage for a cluster development but shall not be increased
by more than 50% of what is otherwise required for a conventional
lot in the district. The Planning Board may require the protection
of an undisturbed vegetative buffer along the side and rear property
lines for any cluster development where the units are located on common
land and the building adjoins a single-family detached dwelling, to
be no less than 25 feet in depth. Where the required open space meets
this purpose, no additional buffer is required. Off-street parking
may be permitted in a front yard only in a driveway giving access
to a garage, but off-street parking spaces shall otherwise be located
behind the front facade of the building.
(9)
Building height. The Planning Board is not authorized to vary
the maximum height limitation for any buildings or structure within
a cluster development.
(10)
Permanent open space in cluster developments.
(a)
Open space land. Protected open space may be included as a portion
of one or more large building lots, or may be contained in a separate
open space lot. Such open space may be owned by a homeowners' association,
one or more private landowners, a nonprofit organization, the Town
or another governmental entity, or any other appropriate entity, as
long as it is protected from development or encroachments by a conservation
easement. The open space area, when located on individual lots to
remain in private ownership, shall be demarcated by survey markers
in a form to be approved by the Planning Board. A conservation easement
baseline report shall be prepared by the applicant and submitted to
the Planning Department for filing prior to signing the final cluster
plan. The baseline report is for purposes of documenting the location
of the conservation easement area, and ensuring no encroachment occurs
to same except to allow those activities permitted within the easement,
e.g., agricultural operations. The following documentation shall be
included in the report:
[1]
Location map: Property shown on the Town Zoning
Map or other parcel-based map with area shown within 1,500 feet of
the project site, with the property highlighted.
[2]
A copy of the executed conservation easement.
[3]
Metes and bounds description of the conservation
easement area.
[4]
An eleven-inch-by-seventeen-inch map or larger
of the Planning Board approved site plan or subdivision plan illustrating
clearly the conservation easement area. The map shall show parcel
boundaries, topography, wetlands, and existing structures, if any.
[5]
An up-to-date aerial map of the property.
[6]
Photo key map, using map described in Subsection C(10)(a)[4] above as base, with photos as per Subsection C(10)(a)[7] below.
[7]
Photographs of the conservation easement area,
keyed to the features shown on the approved cluster plan, shall be
submitted after conservation easement markers are installed. The baseline
report shall include compass direction and description of the photo
subject. All existing structures and the existing condition (wetland,
forest, etc.) within the conservation easement area shall be described
in a narrative referencing the photos taken. Use of GPS for purposes
of accurately identifying locations from which photos are taken is
recommended, especially where there are few reference points, e.g.,
middle of woods. It is preferable for baseline photos to be taken
when snow cover is not present.
[8]
The applicant shall certify (through signature)
the report as being accurate.
(b)
Notations on plat or site plan. Protected open space land shall
be clearly delineated and labeled on any final plan as to its use,
ownership, management, method of preservation, and the rights, if
any, of the owners of other lots in the subdivision to such land.
The plat or site plan shall clearly show that the open space land
is permanently reserved for open space purposes.
(c)
Permanent protection by conservation easement. A perpetual conservation
easement restricting development of the open space land and allowing
use only for agriculture, passive recreation, protection of natural
resources, or similar conservation purposes, pursuant to § 247
of the General Municipal Law and/or §§ 49-0301 through
49-0311 of the Environmental Conservation Law, shall be granted to
the Town with the approval of the Town Board, or to a qualified not-for-profit
conservation organization acceptable to the Town Board upon the recommendations
of the Planning Board. Such conservation easement shall be approved
by the Planning Board and shall be required as a condition of subdivision
plat approval. The Planning Board shall require that the conservation
easement be enforceable by the Town if the Town is not the holder
of the conservation easement. The conservation easement shall be recorded
in the County Clerk's office prior to or simultaneously with the filing
of the final subdivision plat in the County Clerk's office or a site
plan in the Planning Department.
(11)
Ownership of open space land: homeowners' association (HOA).
(a)
If the land is owned in common by a HOA, such HOA shall be established
in accordance with the following:
[1]
The HOA documentation must be submitted to the
Planning Board before the final subdivision plat is approved, and
must comply with all applicable provisions of the General Business
Law.
[2]
Membership must be mandatory for each lot owner,
who must be required by recorded covenants and restrictions to pay
fees to the HOA for taxes, insurance, and maintenance of common open
space, common driveways, and other common facilities.
[3]
The open space restrictions must be in perpetuity.
[4]
The HOA must be responsible for liability insurance,
property taxes, and the maintenance of recreational and other facilities
and common driveways.
[5]
Property owners must pay their pro rata share of the costs in Subsection C(11)(a)[4] above, and the assessment levied by the HOA must be able to become a lien on the property.
[6]
The applicant shall make a conditional offer of
dedication to the Town, binding upon the HOA, for all open space to
be conveyed to the HOA. Such offer may be accepted by the Town, at
the discretion of the Town Board, upon the failure of the HOA to take
title to the open space from the applicant or other current owner,
upon dissolution of the association at any future time, or upon failure
of the HOA to fulfill its maintenance obligations hereunder or to
pay its real property taxes.
[7]
Ownership shall be structured in such a manner
that real property taxing authorities may satisfy property tax claims
against the open space lands by proceeding against individual owners
in the HOA and the dwelling units they each own.
[8]
The attorney for the Planning Board shall find
that the HOA documents presented satisfy the conditions above, and
such other conditions as the Planning Board shall deem necessary to
ensure continuation and protection of the open space lands.
(12)
Maintenance standards.
(a)
Ongoing maintenance standards shall be established, enforceable
by the Town against an owner of open space land as a condition of
approval, to ensure that open space land is not used for storage or
dumping of refuse, junk, or other offensive or hazardous materials,
or in any manner not approved by the Planning Board.
(b)
In the event that the maintenance, preservation, and/or use
of the open space area(s) ceases to be in compliance with any of the
requirements of the Zoning Chapter or any other requirements specified
by the Planning Board when approving the cluster subdivision plat
or site plan, the Town shall be granted the right to perform such
maintenance as may be necessary or to otherwise assure compliance
and to charge the cost to the responsible property owner or owners.
Such charge, if unpaid for more than 60 days, shall become a lien
on the open space area and on the lots of any lot owners who share
ownership of the open space area. Notwithstanding, the Town is under
no obligation to maintain such open space areas.
D.
Site plan approval for cluster developments.
(1)
Where a cluster subdivision has been designed with multiple
dwellings, a site plan shall be submitted to and approved by the Planning
Board prior to the issuance of a building permit in a cluster subdivision
development.
(3)
Nothing contained in this article shall relieve the owner or his or her agent or the developer of a proposed cluster development from receiving subdivision plat approval in accordance with Chapter A65, Subdivision of Land.
(4)
Prior to site plan approval, the developer shall file with the
Planning Board a performance bond to ensure the proper installation
of all park and recreation improvements shown on the site plan and
a maintenance bond to ensure proper maintenance of all common lands
until the homeowners' association is established. The amount and period
of said bonds shall be determined by the Town Board upon the recommendation
of the Planning Board, and the form, sufficiency, manner of execution
and surety shall be approved by the Town Attorney and the Town Board.
A.
The limits of disturbance, location, size (footprint and height), bedroom count, and other physical characteristics of any building or structure on a lot depicted on a subdivision map approved after October 9, 1968, shall be the limit of construction allowed on that lot. No building permit will be issued authorizing construction of buildings, outdoor amenities, accessory structures or outdoor fixtures, including but not limited to exterior walls, mechanical units, dumpsters, etc., not shown on the approved subdivision map without amended site plan approval from the Planning Board. Building permit applications and plot plans shall carry a certification that what is shown thereon is fully consistent with the approved subdivision map. Nothing herein shall be construed to require a public hearing as part of this site plan review and approval for an individual lot as may be required for this Subsection B.
B.
No building permit authorizing construction on a lot depicted on any subdivision map approved before October 9, 1968, may be issued where construction or disturbance of any area of the lot exceeds a slope of 30% without site plan approval from the Planning Board. Building permit applications and plot plans shall carry a certification that no construction or disturbance on any portion of the lot exceeding a slope of 30% will occur. The location, size (footprint and height), bedroom count, etc. of any building or structure shown on the approved building permit shall be the limit of construction and disturbance allowed without amended site plan approval from the Planning Board. The Planning Board, in reviewing any building located on steep slopes, shall be guided by the same process and standards set forth in § 57-21.2 of the Zoning Chapter for ridgeline protection. Nothing herein shall be construed to require a public hearing as part of this site plan review and approval for an individual lot as may be required for this Subsection B.
C.
A house relocation and standards note shall be required to appear
on any site plan or subdivision approved by the Planning Board. The
Planning Board, in its discretion, may require that a copy of the
note be recorded in the Orange County Clerk's Office so as to appear
in the chain of title. Nothing herein shall be interpreted to limit
the Planning Board's ability to require additional map notes applicable
and specific to any site plan or subdivision being reviewed. The following
notes shall appear on any site plan or subdivision which involves
the construction of a dwelling(s):
"The owner/builder of a lot shall be allowed to relocate a dwelling
shown on the approved plan without further Planning Board approval
provided that the following requirements are met. If all of these
requirements cannot be met, the matter must be referred back to the
Planning Board for further review and approval.
(1)
The relocated dwelling remains on 20% of the area of the originally
approved dwelling location and meets required dimensional standards.
(2)
Any well shall not be relocated and the sewage disposal system
shall not be relocated off the area where approved percolation tests
were recorded. If the project was approved by the Orange County Department
of Health, relocation of wells and sewage disposal systems are subject
to all of the terms and conditions of such approval, including the
prohibition of any such relocations, if so stated.
(3)
The driveway meets maximum grade requirements.
(4)
The sewage from the dwelling will discharge by gravity to the
sewage disposal field unless a lift or pump station has already been
approved for the lot.
(5)
Drainage patterns on the lot shall not be changed so as to adversely
impact adjacent properties.
(6)
The driveway curb cut or lot access is not relocated.
(7)
The dwelling location shall not be shifted onto an environmentally
sensitive site feature such as a federal or state wetland if same
was to remain undisturbed.
(8)
The dwelling shall not be shifted in a location in which is
otherwise in contravention of a requirement of the subdivision regulations,
Zoning Law, as may be amended, or of the findings or determination
under the SEQRA for the subdivision of which the house lot is a part.
(9)
There shall be a mapped distance from a property line to three
sides of the dwelling.
(10)
The maximum number of bedrooms is not exceeded.
(11)
The maximum building footprint is not exceeded.
(12)
The maximum lot coverage evaluated for stormwater control and
other purposes does not exceed that shown and evaluated on the plan.
(13)
The limits of disturbance shown on the plan are not exceeded."
D.
Stormwater analysis. Site plan and subdivision approval relies upon a drainage study or other evaluations by the Planning Board based on dwelling/structure sizes shown on the plan. No building permit for a dwelling/structure larger than as shown on a site plan or subdivision plan will be issued unless a new drainage analysis, satisfactory to the Planning Board Engineer, has been submitted and approved, and the change in the dwelling/structure size is approved by the Planning Board in accordance with Subsection B above.
[Added 4-17-2023 by L.L. No. 5-2023]
A.
Purpose. Consistent with the Town of Monroe Comprehensive Plan Update,
the Town of Monroe seeks to allow for an additional housing option
in select areas of the Town north of Route 17 with available access
to existing infrastructure, and that retains meaningful expanses of
existing open space to preserve the Town's woodland visual character.
B.
Additional uses authorized. In addition to the uses authorized in the underlying zoning district, two-family detached dwellings shall be authorized as a special use subject to authorization and site plan approval by the Planning Board, subject to § 57-13U.
C.
Bulk standards. The bulk standards for two-family detached dwellings
shall be the same as required for single-family detached dwellings
in the underlying zoning district except as follows:
