This section shall apply to the calculation of minimum lot size,
development coverage and residential density. For purposes of calculating
development yield, the following areas shall be subtracted from the
gross acreage of a parcel to establish the minimum lot area and maximum
permissible development coverage in the case of nonresidential projects
requiring site plan approval, or development yield and permissible
density in the case of residential subdivisions or site plans:
A. Utility rights-of-way and designated streets. Fifty percent of any
land within easements or rights-of-way for overhead utilities of 69
kilovolts or greater, or within a designated street line, shall not
be counted as part of any minimum lot area requirement. No building,
structure, yard or land proposed for prolonged habitual human occupancy
shall be located within a utility easement; however, a road may traverse
the easement.
B. Land under water (applicable prior to development). One hundred percent
of that portion of a lot subject to the following shall not be counted
as part of any minimum lot area requirement: ponds: freshwater wetlands
regulated by the Army Corps of Engineers; streams; and that portion
of any freshwater wetland and any 100-foot control area designated
by the New York State Department of Environmental Conservation. No
construction shall be permitted within the limits of the freshwater
wetland or stream without appropriate federal or state permits.
C. Floodplains. Fifty percent of any land contained within the 100-year
floodplain as designated on Federal Emergency Management Agency maps
shall not be counted as part of any minimum lot area requirement.
No construction shall be permitted within the 100-year floodplain.
D. Steep slopes (applicable prior to development).
(1) Not more than 50% of the land area of that portion of each lot that
is proposed to be disturbed may be counted as part of any lot area
if subject to the following:
(a)
For residentially zoned properties, slopes over 25%.
(b)
For nonresidentially zoned properties, slopes over 15%.
(2) No construction shall be permitted on that portion of a lot with
a slope in excess of 20% except for roads and driveways and supporting
infrastructure as necessary to access flatter areas of the lot.
(3) No portion of the land area of that portion of a lot with a slope
in excess of 50% may be counted as part of the minimum lot area of
a parcel.
E. Rock outcrops (applicable prior to development). Not more than 50%
of the area of that portion of a lot that is proposed to be disturbed
with rock outcrops in excess of 50 square feet may be counted as part
of the lot area of a parcel.
Any use which is in, abuts, is adjacent to or is less than 50
feet from any residential district, and which is not conducted within
a completely enclosed building, such as junkyards, storage yards,
lumber and building materials yards and parking lots and like uses,
shall be entirely enclosed by a fence or landscaping sufficient to
effectively shield such uses.
Any application requiring site development or subdivision approval
shall be subject to these provisions. A minimum of one shade tree
per each 40 feet of road frontage shall be planted on any lot within
the BR, NR, HC, IO, LIO, and IC Zoning Districts. Shade trees shall
be a minimum caliper of 2 1/2 inches [diameter at breast height (dbh)].
The Planning Board may waive the requirements of this section, provided
that it may be demonstrated that the development application will
result in the retention of existing mature tree stands within the
front yard of the lot, and further provided that a restriction shall
be duly noted and placed on the site or subdivision plan prohibiting
the removal of said existing vegetation.
Any land use application approved pursuant to this Chapter
199 (Zoning) shall conform with the requirements of Chapter
160 (Stormwater Control) of the Code of the Town of Mamakating.