Town of Blooming Grove, NY Article VA District Regulations

[Added 12-27-2005 by L.L. No. 7-2005]

§ 235-14.1 Rural Residential District regulations.

A. Major subdivisions. A major subdivision is any subdivision of land that results in more than three new residential lots (excluding the parent lot from which they are subdivided).

(1) Determination of lot count. In order to determine the legally permitted number of lots on a given parcel within the Rural Residential District, an applicant may either:

(a) Perform the site analysis process [see § 235-14.1A(2)]; or

(b) Apply density of one unit per 10 gross acres.

(2) Site analysis process. The site analysis process consists of five steps, all of which must be completed before a base lot count can be determined and approved by the Planning Board.

(a) Step 1: Land Conservation Analysis.

[1] The applicant shall prepare a Land Conservation Analysis, consisting of inventory maps, description of the land, and an analysis of the conservation values of various site features. The Land Conservation Analysis shall show lands with conservation value on the parcel and within 100 feet of the boundaries of the parcel, including but not limited to:

[Amended 7-9-2007 by L.L. No. 4-2007]

[a] The following primary conservation areas:

[i] Wetlands;

[ii] Areas of steep slopes;

[iii] Watercourses;

[iv] Surface waterbodies;

[v] One-hundred-year floodplains;

[vi] Cemeteries;

[vii] Designated critical environmental areas; and

[b] The following secondary conservation areas:

[i] Overlay districts identified in § 235-5A(2);

[ii] Farmland, park and recreation land, fragmented forest land, and historic and archaeological sites identified in the Town's Comprehensive Plan;

[iii] Buffer areas necessary for screening new development from adjoining parcels;

[iv] Stone walls;

[v] Hedgerows and trees 12 inches in diameter at breast height (dbh) or larger;

[vi] Other land exhibiting present or potential recreation, historic, ecological, agricultural, water resources, scenic or other natural resource value, as determined by the Planning Board.

[2] The Land Conservation Analysis is subject to approval by the Planning Board, which must adopt a written findings statement that identifies the lands to be preserved, areas to be avoided, and design principles for the site. Proceed to Step 2.

(b) Step 2: Determination of Buildable Acreage. To determine the "buildable acreage," the applicant shall subtract the acreage of all lands classified as primary conservation area from the total site acreage. At this step, a preliminary lot count can be calculated at a density of one dwelling unit per 1.5 buildable acres. Proceed to Step 3.

[Amended 7-9-2007 by L.L. No. 4-2007]

(c) Step 3: Wastewater Treatment Analysis.

[1] If individual on-site subsurface wastewater disposal systems (also known as "septic systems") are proposed to be used, the applicant shall identify suitable areas for disposal fields and one-hundred-percent reserve area, as evidenced by soil tests performed to the satisfaction of the Town and, where required by the Planning Board or law, by the Orange County Department of Health. All such areas shall comply with all applicable regulations. The wastewater capacity lot count can be calculated as the number of lots that can be supported by individual on-site septic systems, Proceed to Step 4.

[2] If a new community wastewater collection, treatment, and disposal system is proposed to be used, said system shall be located and designed in accordance with all applicable regulations. A wastewater capacity lot count can be calculated as the number of lots that can be supported by the community wastewater system. Proceed to Step 4.

[3] If an existing community wastewater collection, treatment, and disposal system is proposed to be used, the applicant shall identify the design capacity of the treatment works, the current operating capacity and flow rates, and the permitted disposal volumes allowed under the State Pollutant Discharge Elimination System (SPDES) permit for the facility. A preliminary lot count can be calculated from available capacity using New York State Department of Environmental Conservation flow rates for residential uses. This number shall be referred to as the "wastewater capacity lot count." Proceed to Step 4.

(d) Step 4: Drinking Water Supply Analysis. The applicant shall identify the location and production capacity of test wells established on the property for the purposes of determining the adequacy of water supply on the property. Production of test wells shall be documented by a qualified hydrogeologist familiar with conditions specific to Orange County, who shall submit a report (prepared pursuant to relevant New York State Department of Environmental Conservation and Orange County Department of Health standards and guidelines for drinking water supply sources and Planning Board requirements) to the Town for its review. The report shall assess the number of lots able to be supported on the site by the water availability. This number shall be referred to as the "drinking water supply lot count." Proceed to Step 5.

(e) Step 5: Determination of Base Lot Count. The base lot count shall be the lowest of the lot counts established in Steps 2 through 4, above, following completion of the Land Conservation Analysis required in Step 1, and further provided that the gross density shall not exceed one dwelling unit per 2.33 acres.

[Amended 7-9-2007 by L.L. No. 4-2007]

(3) Adjusted base lot count. In order to encourage the development of affordable housing, public recreational facilities, and open space preservation, the applicant may seek to increase the base lot count to allow additional dwelling units so that public benefits are achieved. In no case shall the adjusted base lot count exceed the lower of the wastewater capacity lot count, the drinking water supply lot count, or 1.5 times the base lot count established in § 235-14.1A(2)(e), above. The base lot count may be increased by any one of, or any combination of, the following adjustments, subject to the approval of the Planning Board:

(a) Ten-percent increase over the base lot count for provision of 10% of the base lot count in affordable housing units to be constructed by the applicant on the project site or on another site owned or controlled by the applicant in the Town of Blooming Grove.

(b) Five-percent increase over the base lot count for provision of each additional 10% (calculated from net area) of open space beyond the fifty-percent requirement [§ 235-14.1A(4)].

(c) Ten-percent increase over the base lot count for adherence to New York State Energy Star guidelines, low-impact development guidelines, or U.S. Green Building Council Leadership in Energy and Environmental Design (LEED) standards as they may be amended from time to time.

(4) Lot layout. To determine the appropriate layout of a subdivision, the applicant shall take the following steps:

(a) Step 1: Land Conservation Analysis. All primary conservation areas identified in the Land Conservation Analysis [§ 235-14.1A(2)(a)] shall be permanently preserved unless the Planning Board, in its sole discretion, determines that disturbance is mitigated by other means and that disturbance is outweighed by other public benefit. Disturbance of secondary conservation areas should be avoided to the greatest extent practicable. A minimum of 50% of the total site area shall be permanently preserved as open space per the standards of § 235-14.1C, "Conservation areas." This open space may include primary or secondary conservation areas.

(b) Step 2: Location of House Sites. Identify potential house sites based on the Land Conservation Analysis and identified areas for wastewater disposal systems and any applicable overlay districts. Wherever possible, houses and other accessory structures should not be located closer than 100 feet to primary conservation areas.

(c) Step 3: Road Layout. Align proposed streets to provide vehicular access to each house in the most reasonable and economical way. When lots and access streets are laid out, they shall be located in a manner that avoids or minimizes adverse impacts on both the primary and secondary conservation areas. Street connections between adjoining parcels shall be encouraged to minimize the number of curb cuts on collector roads and minimize cul-de-sacs to be maintained by the Town.

(d) Step 4: Lot Line Layout. Draw individual lot lines. Lot lines should be generally drawn midway between house locations but may follow natural or cultural features such as stream center lines, hedgerows, or stone walls. In general, all lots should be drawn in such a manner as to create a lot that is substantially delineated by right angles but may include L-shaped flag lots meeting the Planning Board's standards (but see § 235-19.1). Triangular, or wedge, shaped lots shall be avoided where possible. The general arrangement of lots and houses on lots should be consistent with rural design principles or hamlet design principles, also referred to as "traditional neighborhood development."

B. Minor subdivisions. A Minor Subdivision is any subdivision of land that results in three or fewer new residential lots (excluding the parent lot from which they are subdivided).

(1) Determination of lot count.

(a) For parcels that are greater than 12 acres in area, the three new lots shall include a total of no more than 25% of the area of the parent parcel.

(b) For parent parcels of 12 acres or less, there shall be no limitation on the area the new lots may cover.

(c) The number of lots shall not exceed a gross density of one unit per 2.33 acres.

[Amended 7-9-2007 by L.L. No. 4-2007]

(d) The minimum lot size of the newly created lots shall be determined through adequate space for septic and one-hundred-percent reserve area and separation distances to wells.

(e) Access to the lots in a minor subdivision shall not be provided by a cul-de-sac. However, this provision shall not apply when the total number of existing and newly proposed residential lots on a cul-de-sac road exceeds three residential lots.

[Amended 7-9-2007 by L.L. No. 4-2007]

(2) Lot layout.

(a) The applicant shall submit a sketch plan identifying the proposed lot layout. For a minor subdivision, the sketch plan shall recognize natural features identified as primary and secondary conservation areas in § 235-14A(2)(a), but no formal Land Conservation Analysis or Planning Board findings are required. No flag lots are permitted in minor subdivisions.

(b) Property lines shall be, to the extent practicable, drawn along existing natural or cultural (e.g., stone walls, hedgerows) features or shall be perpendicular to a roadway and drawn in such a manner as to create a lot that is substantially delineated by right angles.

C. Conservation areas.

(1) In major subdivisions, which require the preservation of 50% of open space, such conservation areas shall include wetlands, floodplains, steep slopes, or other open space areas having meaningful scenic, ecological, environmental and/or recreational characteristics, with such access, shape, size, and location as determined appropriate by the Planning Board to satisfy the intended purpose, but shall not include parking areas or roads.

(2) The permanent preservation of such open space or conservation areas shall be legally ensured to the satisfaction of the Planning Board and the Town Attorney by the filing of appropriate covenants, deed restrictions, easements or other agreements, unless the Town Board agrees, in its discretion, to accept the dedication of such areas; or unless all or part of such areas is transferred to a conservation organization which is dedicated to the permanent preservation of open spaces and is approved by the Town Board. Said organization shall be required to submit satisfactory documents ensuring the preservation of open spaces.

(3) Whenever a homeowners' or property owners' association or condominium or cooperative organization (hereinafter collectively referred to as "association") is proposed, the Town Board shall retain the right to review and approve the bylaws and charter of said association and to require whatever conditions it deems necessary to ensure that the interest and purpose of this chapter is carried out. In consideration of said approval, the Town Board shall, in part, require the subdivision and association to meet the following conditions:

(a) The association shall be established as an incorporated, not-for-profit organization operating under recorded land agreements through which each lot owner (and any succeeding owner) is automatically subject to a charge for a proportionate share of the expense of the organization's activities.

(b) Title to all common property shall be placed in the association, or definite and acceptable assurance shall be given that title automatically will be so placed within a reasonable period of time.

(c) Each lot owner shall have equal voting rights in the association and shall have the right to use and enjoyment of the common property.

(d) Once established, all responsibility for operation and maintenance of the common land and facilities shall lie with the association. However, the Town may impose covenants or requirements to ensure proper operation and maintenance.

(e) Dedication of all common areas shall be recorded directly on the subdivision plat and/or site plan and shall be recited in a separate document which shall be recorded in the Orange County Clerk's office. Resubdivision of such areas is prohibited. The dedication shall:

[1] Save the title to the common property to the association free of any cloud of implied public dedication;

[2] Commit the developer to convey the areas to the association at an approved time; and

[3] Grant easements of enjoyment over the area to the owners.

(f) Covenants shall be established, limiting all common lands to open space uses. No structures may be built on such common lands except as approved by the Planning Board.

(g) Each deed to each lot sold shall include, by reference, all recorded declarations, such as covenants, dedications and other restrictions (including assessments and the provision for liens for nonpayment for such).

(h) The association shall be perpetual and shall purchase insurance, pay taxes and specify in its charter and bylaws an annual homeowners' fee, provision for assessments and establish that all such charges become a lien on each property in favor of said association. The association shall have the right to proceed in accordance with all necessary legal action for foreclosure and enforcement and enforcement of liens and it shall also have the right to commence action against any member for the collection of any unpaid assessments in any court of competent jurisdiction. In addition, the association, any member thereof and the Town shall be provided with legal authority to commence an action to enforce conditions imposed by the Planning Board or the association bylaws. However, the Town shall have no duty to enforce such condition.

(i) The developer shall assume all responsibilities as previously outlined for the association until a majority of the dwelling sites are sold, at which time the association shall be operated by an elected Board of Directors whose members shall come from the association.

(j) Prior to plan approval, the developer shall file with the Town Board a performance and/or maintenance bond to ensure the proper installation and/or maintenance of all recreation and park improvements shown on the plan. Bond amounts shall be determined by the Planning Board, subject to approval by the Town Board, and their form, sufficiency, and manner of execution shall be approved by the Town Attorney and the Town Board.

(k) The association shall have the power to adjust assessments to meet changing needs.

(l) In the event that the maintenance, preservation and/or use of the conserved land areas ceases to be in compliance with any of the above requirements or any other requirement(s) specified by the Planning Board when approving the subdivision plat or site plan, the Town shall have the right to take all necessary action to ensure such compliance and to assess against the association and/or each individual property owner within the development all costs incurred by the Town for such purposes.

(m) Except where otherwise approved by the Planning Board, conserved land areas shall be preserved in their natural state and the use of such areas shall be limited to appropriate conservation, open space and recreation purposes as determined by the Planning Board. A portion of the conserved land areas may be designated "active recreation area" on the plat, in a location approved by the Planning Board. Such private active recreation area shall not exceed 10% of the total area of the proposed plat. Within such private area, structures and facilities for active recreational purposes may be constructed and operated for the use of property owners and their guests. Where determined appropriate, the Planning Board may specify a phased construction schedule for such structures and facilities.

(n) Unless a preserved conservation area is set aside for public park or recreation purposes, as determined by the Planning Board, the applicant shall be required to pay the Town's park/recreation fee.

§ 235-14.2 Rural Crossroads I and II Districts regulations.

The Rural Crossroads (RC) I and II Districts are intended to implement the concepts of traditional development patterns in which communities that included single-family homes, apartments, workplaces, shops, restaurants, institutions, or recreational facilities were developed along the intersections of locally important roads. The goal of the RC I and RC II Districts is to create a pedestrian-oriented environment in which residents and those who work in the district can walk comfortably between different land uses. It is also the intention to bring smaller-scale commercial uses into the Town.

A. Minimum lot sizes and open space. Minimum lot sizes in the RC I and RC II Districts shall be 3,000 square feet.

B. Two-family dwellings are permitted by right on all conforming lots within the RC I and RC II Districts.

C. Multifamily dwellings. The maximum density for new multifamily dwellings in the RC I and RC II Districts shall be eight units per acre with public water and sewer. Such dwellings should have the front entrances on an existing or new street, with parking behind the buildings and shielded from public view.

D. Apartments are encouraged to be located in the upper stories of buildings that have retail, office or service use(s) on the ground floor.

E. Setbacks and build-to lines. The setbacks and build-to lines shall be established by the Planning Board at the time of site plan approval, in conformance with traditional rural development patterns and existing context.

F. The maximum footprint of any structure in the RC I and RC II Districts shall be 10,000 square feet, except that the Planning Board may permit a structure of up to 50,000 square feet if it is an institutional use or anchor use deemed essential to the crossroad's economic viability.

G. All residential developments within the RC I and RC II Districts shall include at least 10% of the dwelling units as affordable.

H. Any historic structure located on the project site should be preserved to the extent practicable. Adaptive reuse of historic structures is encouraged, and the Planning Board or Town Board shall have the authority to request the applicant to demonstrate why an historic site can not be reused before approving new construction.

§ 235-14.3 Office Research/Light Industrial District regulations.

[Amended 7-16-2019 by L.L. No. 3-2019]

The ORI District provides locations where larger-scale commercial and other nonresidential uses are permitted, as provided in the Use Table.[1] The provisions of this section shall be reviewed by the Planning Board, in the case of applications that require site plan only, conditional use permits, and subdivision reviews, and the Town Board, in the case of applications requiring a special use permit

A. Special site design and operational considerations in the ORI District. The purpose of the ORI District is to allow larger-scale nonresidential uses that contribute to the Town's tax base and provide jobs, while protecting the Town's scenic and rural qualities and residential uses using open space buffers. Impervious surfaces are limited to 50% of the total project area, requiring that 50% of the site be maintained as open or undeveloped green space. This green space shall be arranged in a manner that adequately buffers buildings and parking areas from public roads and neighboring properties, while protecting wetlands, watercourses, and scenic views. Notwithstanding, the impervious surface area may be increased to 75% of the total project area for any use subject to Town Board special use permit approval. The Town Board shall determine the following in rendering a decision:

(1) The stormwater quantity and quality can be handled in a manner that does not impact groundwater resources;

(2) The location of any additional impervious surface area shall not cause any significant adverse impact to any adjoining residential neighborhoods or uses, and the Town Board has the discretion to establish the minimum setback of any impervious surface area from same.

B. All new development in the ORI District should comply with the following design standards. Where alterations to existing structures and change in use require special permit or site plan approval, they should comply with these standards to the extent practicable. The overall design goal is to maintain and enhance the landscape character of commercial road corridors. This is to be accomplished by mitigating the visual impacts of business development through landscape, layout, and architectural standards. The following standards apply in the ORI District:

(1) Building placement.

(a) Buildings should be clustered together to the extent practical, preserving existing green areas.

(b) Buildings should be placed in front of their parking lots to screen the parking from the road. This requirement should not apply if the entire site is screened from the road by natural vegetation and/or natural topography.

(c) Any historic structure located on the project site should be preserved to the extent practicable. Adaptive reuse of historic structures is encouraged, and the Planning Board or Town Board shall have the authority to request the applicant to demonstrate why an historic site can not be reused before approving new construction.

(2) Architecture and building design.

(a) Trademarked architecture that identifies a specific company by building design features shall be prohibited, unless the applicant can demonstrate that the design is compatible with the historic architecture of the region or development of the area.

(b) Large buildings (footprints greater than 10,000 square feet) should be designed with visually separate but physically connected smaller volumes using building proportions found in the region's traditional architecture.

(c) Any historic structure on the project site or adjacent to the project site shall be identified in the design process, and any new construction shall be designed in context with the historic structure.

(3) Landscaping. Undeveloped and developed areas should be managed to maximize recharge of groundwater, protection of surface water quality, and protection of wildlife habitat. Frequent mowing of areas not used for agriculture or pedestrian access should be discouraged in favor of management as open meadows.

[1] Editor's Note: The Use Table is included at the end of this chapter.

§ 235-14.4 Overlay districts.

A. Scenic Gateways Overlay District.

(1) Applicability.

(a) For the purpose of protecting the gateway areas in the Town of Blooming Grove, the provisions and standards shall be in addition to the use, bulk and site development regulations applicable to any use located in any district to which the Gateways District is applied.

(b) Boundaries. The Gateway Overlay District includes all land as shown on the Town's Zoning Overlay Map.

(2) Site plan approval requirement. Within the Gateway Overlay District, site plan approval shall be required for the erection, construction, or significant alteration of a building or structure.

(3) Standards. The Planning Board shall consider the following issues when reviewing an application within the Gateway Overlay District. Specific aspects of design will be examined to determine whether the proposed development meets the intent of this section.

(a) Site design consideration. The Planning Board shall consider how the proposed use within the Gateway Overlay District addresses the following criteria:

[1] The functional relationship of the site to its surroundings;

[2] Separation or integration of vehicular, pedestrian and bicycle traffic patterns;

[3] The arrangement and adequacy of off-street parking facilities and access points;

[4] The location of loading docks and bays;

[5] The illumination plans;

[6] The sight distance requirements of the streets and driveways;

[7] The coordination of the site development with planned right-of-way alignments, acquisitions, and street improvements;

[8] Urban design and aesthetic considerations; and

[9] Any sensitive lands located on the property or possibly affected by the proposed development must be avoided or disturbance mitigated to the maximum extent practicable.

(b) Site landscaping. The site landscaping should provide sound and sight buffers, and conceal or screen unsightly areas. In its review of the proposed use, the Planning Board shall:

[1] Evaluate the location, height, and materials of walls, fences, hedges and screen plantings;

[2] Evaluate plans for the maintenance of finished landscaping;

[3] Evaluate plans for sound and sight buffers in consideration of the preservation of views, light and air, both on the site and on adjacent property; and

[4] Evaluate the design and application of open spaces.

(c) Signage. The Planning Board shall evaluate the size, location, design, color, texture, lighting, and hours of operations of all signs and advertising features.

(d) Utilities. In its review of the proposed use, the Planning Board shall evaluate the proposal for the following criteria:

[1] Electrical and telephone service systems shall be underground to the extent practicable;

[2] Transformers and pad-mount mechanical and electrical equipment shall be screened from view.

(e) Building design considerations. In its review of the proposed use, the Planning Board shall evaluate the proposal for the following criteria:

[1] Building mass and its relationship to surrounding development and its proposed use;

[2] Proportion of any proposed building for compatibility with the proposed use and other structures within the Gateway area;

[3] The number, scale, and arrangement of building openings. Building openings should provide interest through the use of such features as balconies, bays, porches, covered entries, overhead structures, awnings, changes in building facade and roofline alignment; and

[4] Use of exterior materials and color to reduce apparent building mass and blend with the surrounding area.

B. Scenic Viewshed Overlay District.

(1) Intent.

(a) It is the intent of the Town of Blooming Grove to protect and conserve the scenic viewsheds identified herein, to ensure that the benefits found to be provided by such scenic viewsheds will not be lost for present and future generations and to protect the broader public interest.

(b) These regulations are enacted with the intent of providing an equitable balance between the rights of the individual property owners to reasonably use private property and the rights of present and future generations of the public. This section recognizes the rights of such adjoining property owners to use their property for reasonable purposes, consistent with these and other regulations and controls, provided that such use, in the judgment of the appropriate agency or official of the Town, does not result in a significant loss or impairment to the scenic resource of the function it fulfills.

(2) Applicability.

(a) For the purpose of protecting scenic viewsheds, the provisions and standards of this section shall be in addition to the use, bulk and site development regulations applicable to any use located in any district to which the Scenic Viewshed Overlay District is applied.

(b) Location. The Scenic Viewshed Overlay District includes all land as shown on the Town's Zoning Overlay Map.

(3) General provisions.

(a) Prior to the initiation of any land disturbance or construction activity within the designated Scenic Viewshed Overlay area, the owner of such property shall apply for and obtain approval from the Planning Board. To the maximum extent practicable, all plan review, hearing and decision required under this chapter shall be coincident with other procedures and applications that may be before the Planning Board relating to the same or a similar activity.

(b) If the provisions of this chapter conflict with any other provisions of the Code of the Town of Blooming Grove, the provisions that impose the more stringent requirement or standard shall apply.

(c) Visual assessment review requirement. Applicants shall submit a visual assessment, which shall consist of the items listed below unless waived by the Planning Board. In assessing visual impacts, it is important to cover all possible viewpoints. If this is not practicable, key viewpoints shall be selected on major routes (e.g., roads, walkways, footpaths, and hiking tracks) and at activity nodes (e.g., residential areas, important open spaces and landmarks). The Planning Board shall review and approve the vantage points from which the visual assessment shall be conducted prior to the analysis.

[Amended 12-13-2017 by L.L. No. 12-2017]

[1] An aerial photograph at a scale appropriate to show the property for which an application has been submitted and other elements within the scenic viewshed.

[2] Perspective drawings, photosimulations, plans and section/elevation diagrams, and/or photographs.

[3] A factual description of the existing site, based on surveys conducted on site.

[4] A description of the proposed development.

[5] A description of the predicted level of impact.

[6] Suggestions on the scope of mitigative measures (if necessary) to ameliorate the potential impact.

[7] The Planning Board is authorized to require any additional information it deems necessary as part of its visual assessment review.

[8] In evaluating the visual impact, the Planning Board shall consider whether or not the analysis was conducted during on- or off-leaf conditions, whether the existing or proposed vegetative materials will provide year-round screening, and whether the applicant has ownership control of any vegetative screening intended to mitigate visual impacts, e.g., vegetation which is within a road or utility right-of-way over which an outside agency has ownership and maintenance control.

(4) Standards.

(a) Vegetation and landscaping.

[1] The planting of trees is encouraged to shade and enclose a building or other development site and to define the edge of the public realm and private space. Existing specimen trees shall be maintained to the extent feasible. Species selected for planting shall be appropriate to this climate and setting.

[Amended 12-13-2017 by L.L. No. 12-2017]

[2] Minimal cutting for placement of structures is appropriate. Removal of contiguous areas of smaller trees is permitted subject to Planning Board review and approval. Clear-cutting of mature trees is subject to review and approval by the Planning Board.

[3] Wherever possible, if an applicant or owner seeks to open views, that should be accomplished by selective cutting of small trees and pruning lower branches of large trees, rather than by clearing large areas or removing mature trees.

(b) Structures.

[1] New development proposed should be designed to preserve distinctive features of the scenic viewshed, including tree canopy, stone walls, winding road character, and scenic views, and to limit the visibility of new development.

[2] New development adjacent to or within scenic open vistas shall be designed to avoid adverse impact to scenic resources.

[3] For new subdivisions, building sites shall be arranged to maximize the use of existing and proposed road segments to minimize new forest clearing. Shared driveways and looped roads are encouraged.

[4] Buildings and structures should be placed in small hollows or otherwise protected areas to preserve the vistas of the scenic viewshed.

[Amended 12-13-2017 by L.L. No. 12-2017]

[5] Building and structure materials, colors, and textures should be designed to blend with the natural environment. The use of natural wood siding, stained or painted in an earth-tone color, is encouraged. Native stone is also an ideal material for building walls and for facades. White and light colors, brightly finished metal, and glossy surface materials reflect light and are discouraged. In general, browns, greens, grays, and other earth tones are the least obtrusive.

[Amended 12-13-2017 by L.L. No. 12-2017]

[6] Windows should be of low reflectivity. Any large windows shall be partially screened from direct public view by trees. Upper and high windows should be smaller to reduce visual impact.

[7] Utilities. The utility should cross the scenic road at the shortest possible distance. The utility shall place all pipe, wire, and appurtenances underground unless permitted otherwise by the Planning Board. If aboveground structures are necessary, they shall be painted to blend into the environment to soften the visual impact. The utility shall conduct its construction activities so as to disturb a minimum amount of vegetation and soil.

(c) Landform.

[1] Cut and fill activity shall be minimized in all disturbed areas.

[2] Natural drainways, contours, and land forms shall be preserved.

[3] Development along and/or projecting above ridgelines and other visually prominent locations is subject to the provisions of the Ridgeline Overlay District.

[4] Conservation easements may be used to provide natural buffers and vegetative screening between land uses, as well as between developed areas and public roadways.

(d) Circulation systems.

[1] Circulation systems for both vehicular and pedestrian systems should be evaluated. In general rural vehicular and pedestrian systems are curvilinear in alignment, a pattern that evolved out of historic systems following natural landforms. It is only in hamlet or crossroads areas that roads and streets should take on geometric forms reflecting the built environments they move through.

[2] Driveway widths and alignments should be designed to be visually sensitive. Add gentle curves in driveway layout to reduce visual impact.

C. Ridgeline Overlay District.

(1) Intent. The purpose of the Ridgeline Overlay District (RL) is to establish clear guidelines for protection of the Town's hillsides and ridgelines, which are found largely at higher elevations and steeply sloped areas and serve to:

(a) Retain major natural topographic features, such as drainage swales, steep slopes, watershed areas, view corridors and scenic vistas;

(b) Preserve and enhance the prominent landmark features, such as natural rock outcroppings, prominent trees and plants, other areas of special natural beauty, and stone walls and structures;

(c) Preserve and introduce plants so as to protect slopes from soil erosion and minimize the visual effects of grading and construction on hillside areas.

(2) Applicability. For the purpose of protecting ridgelines, the provisions and standards shall be in addition to the use, bulk and site development regulations applicable to any use located in any district to which the Ridgeline Overlay District is applied. The Ridgeline Overlay District is shown on the Town's Zoning Map.

(3) General provisions.

(a) The provisions of this section shall apply to all applications for land use development, including site plan, subdivision, special use and conditional use permits, zoning variances, building permits for new residential dwellings, dwelling additions exceeding 300 square feet, and accessory structures exceeding 300 square feet, on any parcel of land lying fully or partially within the Ridgeline Overlay District.

(b) To ensure the placement of structures outside of the exposed ridgeline area on proposed building lots, building sites or vacant land, including areas of vegetation, shall be clearly designated on the applicable subdivision plat and/or site plan.

[Amended 12-13-2017 by L.L. No. 12-2017]

(c) No land shall be developed and no building or structure erected, expanded, or developed unless the Planning Board finds that the development proposed will be consistent with the standards of the Ridgeline Overlay District and grants approval.

(d) Sites in the RL District, also located within the Scenic Roads, Scenic Viewshed or Scenic Gateways Overlay Districts are subject to the provisions and standards found therein.

(4) Standards.

(a) Height.

[1] The total height of any structure or accessory element attached to any structure shall be measured from the natural ground level to the top of the structure or to the top of the uppermost accessory affixed to the structure, whichever is higher.

[2] Restrictions on height. Within the RL District, no principal or accessory structure with a height of greater than 25 feet shall be constructed.

[Amended 12-13-2017 by L.L. No. 12-2017]

[3] Structures shall comply with other height provisions of the Zoning Law if they are more restrictive.

(b) Design requirements.

[1] Placement of structures.

[a] To the maximum extent practicable, buildings, structures, towers or storage tanks or other improvements within any area defined as ridgeline shall not be visible above the top of the ridgeline, or above the top of vegetation located within the ridgeline area, from surrounding private property or public rights-of-way in adjoining lowlands or adjoining ridgelines by cause of excessive clearing, building or structure height, or location of any building or structure with respect to the top of the ridgeline.

[b] Wherever practical, structures should be sited at the lowest elevation possible to be as visually inconspicuous as possible when seen from a distance and from lower elevations.

[c] No structure shall have a footprint greater than 2,500 square feet for a two-story house or 5,000 square feet for a one-story house, and no other structure shall have a footprint greater than 2,500 square feet.

[Amended 12-13-2017 by L.L. No. 12-2017]

[2] Materials and colors. Structures should blend in with natural surroundings through preferred materials such as stone and/or natural wood siding. Reflective materials and bright colors that contrast dramatically with the colors of the land and vegetation around them should not be used as predominate colors on any wall, roof or other structural surface.

[Amended 12-13-2017 by L.L. No. 12-2017]

(c) Visibility. All structures should be sited to avoid, to the greatest extent practical, occupying or obstructing public views of land within the Ridgeline Overlay District. Public views should be considered to be from any location listed on the SEQR visual environmental assessment form addendum (V-EAF) or as otherwise required by the Planning Board.

(d) Lighting. The location, height, design, arrangement and intensity of outside lighting should minimize glare and should be directed and shaded such that light should not be directed off-site. Exterior lighting in the Ridgeline Overlay District shall be controlled in both height and intensity and shall be in conformance with the requirements established herein. Under no circumstances shall the light level at any lot line exceed 0.2 footcandle, measured at ground level. Floodlights shall not be used to light any portion of a principal or accessory structure facade, and all outdoor light sources mounted on poles or buildings or trees to illuminate driveways, sidewalks, walkways, parking lots, or other outdoor areas shall use fully shielded light fixtures. For purposes of this section, a "full cutoff light fixture" is one in which no more than 2.5% of the total output is emitted at 90° from the vertical pole or building wall on which it is mounted. All such fixtures shall be installed or shielded so that part of the light bulb or light source is not visible beyond the property boundaries.

(e) Vegetation. Existing vegetation within ridgeline areas shall be preserved to the maximum extent practicable. Every attempt shall be made to limit cutting necessary for either construction or the opening of views from the subject site so as to maintain native vegetation as a screen for structures, as seen from public roads or parks or other public views. Clear-cutting of all trees in a single contiguous area shall be prohibited unless expressly permitted by the Planning Board as part of an approval for a site plan or subdivision application.

(f) Preservation of scenic features. In any application subject to this section, features that provide scenic importance to the ridgeline area should be preserved to a reasonable extent. These features include but are not limited to individual healthy trees within open fields, historic structures, hedgerows, public or private unpaved country roads, and stone walls.

(g) Signs. No signs are permitted that will be visible above the tree canopy.

D. Scenic Roads Overlay District.

(1) Applicability.

(a) For the purpose of protecting scenic roadways, the provisions and standards shall be in addition to the use, bulk and site development regulations applicable to any use located in any district to which the Scenic Roads Overlay District is applied.

(b) Boundaries. The Scenic Roads Overlay District includes all land as indicated on the Town's Zoning Overlay Map. This section is intended to apply to those sections of road corridors that substantially retain their scenic character and have not been subject to significant commercial or intensive residential development.

(2) General provisions.

(a) Prior to the initiation of the following activities within the designated buffer area on land adjoining a scenic road, the owner of such property shall apply for and obtain approval from the Planning Board:

[1] Construction of any structure or any addition to a structure greater than 500 square feet in footprint area, including residential structures.

[2] Clear-cutting of more than 5,000 square feet of vegetation on any parcel.

[3] Grading or other alteration of more than 5,000 square feet of the natural landscape.

(b) If the provisions of this chapter conflict with any other provisions of the Code in the Town of Blooming Grove, the provisions that impose the more stringent requirement or standard shall apply.

(3) Visual assessment review requirement. Applicants shall submit a visual assessment, which shall consist of the items listed below unless waived by the Planning Board. In assessing visual impacts, it is important to cover all possible viewpoints. If this is not practicable, key viewpoints shall be selected on major routes, e.g., roads, walkways, footpaths, and hiking tracks, and at activity nodes, e.g., residential areas, important open spaces and landmarks.

(a) An aerial photograph showing the subject property and adjoining areas.

(b) Perspective drawings, plans and section/elevation diagrams, and/or photographs of proposed improvements.

(c) A factual description of the existing site, based on surveys conducted on site.

(d) A description of the proposed development.

(e) A description of the predicted level of impact.

(f) Suggestions on the scope of mitigative measures (if necessary) to ameliorate the potential impact.

(4) Standards.

(a) A continuous vegetated buffer, agricultural use, or open field, at least 100 feet deep, shall be maintained on all scenic roads. Within such area there shall be no significant disturbance such as buildings, grading, or clearing, with the exception of access corridors to and from the property when approved by the Planning Board.

(b) The buffer shall closely resemble the natural appearance of the undeveloped land.

(c) The provisions of this section shall not apply to currently developed property in such designated areas, provided that the character of what would be the one-hundred-foot vegetative buffer is maintained in its current state.

(d) Vegetation. Any planting along designated scenic roads should be for revegetative purposes or to enhance unattractive roadside conditions. All plant material used for these purposes should be similar plant material indigenous to the area.

(e) Utilities. The utility should cross the scenic road at the shortest possible distance. The utility shall place all pipe, wire, etc., underground if possible. If aboveground structures are necessary, they should be painted to blend into the environment to soften the visual impact. The utility shall conduct its construction activities so as to disturb a minimum amount of vegetation and soil.

(f) Fences. Chain link fences and stockade or other fence designs that block visual access to land in the corridor shall be prohibited, unless such fences are necessary to screen a preexisting use that does not conform to the requirements of this section.

(g) Design. New development proposed adjacent to scenic roads shall be designed to preserve distinctive features of the scenic road, including tree canopy, stone walls, winding road character, and scenic views, and to limit the visibility of new development. New development adjacent to or within scenic open vistas shall be designed to avoid adverse impact to scenic resources.

E. Surface Water Overlay District.

(1) Applicability.

(a) A one-hundred-foot buffer strip shall be maintained along the edge of any stream, lake, pond, or other water body, including wetlands and any associated one-hundred-year floodplain boundary. This setback shall apply to all uses. Setbacks shall be measured horizontally from the mean high water line of the watercourse.

(b) For the purpose of protecting surface waters and providing flood protection in the Town of Blooming Grove, the provisions and standards shall be in addition to the use, bulk and site development regulations applicable to any use located in any district to which the Surface Water Overlay District is applied.

(2) Use regulations.

(a) Permitted uses, special permit uses, accessory uses, dimensional standards and special requirements shall be as established by the underlying zoning district, unless specifically modified by the requirement set forth herein.

(b) The following uses shall be specifically prohibited within the Surface Water Overlay District: motor vehicle service stations and large-scale solar systems.

[Amended 12-13-2017 by L.L. No. 12-2017]

(3) Site plan approval requirement.

(a) Within the Surface Water Overlay District, applications for building permit, site plan approval, area variance, use variance, or other land development proposal, including the subdivision of land, occurring wholly or partly in the Surface Water Overlay District shall be submitted to the Planning Board. This shall be required for the following:

[1] Construction of any structure greater than 500 square feet in footprint area.

[2] Within any one-year period:

[a] Filling or excavation of an area in excess of 5,000 square feet.

[b] Clear-cutting of more than 5,000 square feet of vegetation on any parcel.

[c] Grading or other alteration of more than 10,000 square feet of the natural landscape.

(b) Within the Surface Water Overlay area, the site plan approval requirement shall not apply to:

[1] The repair and maintenance of existing structures.

[2] Activities carried out pursuant to a previously approved site plan or special use permit application.

(c) Applications for development within the Surface Water Overlay District will be evaluated by the Planning Board to ensure that:

[1] The proposed development will not result in degradation of scenic character and will be aesthetically compatible with its surroundings.

[2] The proposed development prevents non-point source pollution to the maximum extent possible, by taking into account site conditions such as slope, soil type and erosivity, and vegetative cover.

[3] The proposed development will not result in any modifications to the floodplain area or floodway so as to cause any increased flooding on any other properties within the Town.

[4] Grading and removal of vegetation at a development site is minimized and erosion and sediment control measures are in place and properly installed.

[5] The Planning Board may require that no application of chemicals, vegetation removal, and/or mowing be permitted in the one-hundred-foot stream buffer.

(4) Erosion and stormwater control plan requirement. For any special permit, site plan, or subdivision application in which land to be disturbed lies partially within the Surface Water Overlay area, an erosion and sediment control plan, prepared pursuant to New York State Department of Environmental Conservation standards, shall be required if the total disturbed area (including portions outside the Surface Water Overlay area) exceeds 10,000 square feet.

F. Mining.

[Added 9-7-2021 by L.L. No. 2-2021]

(1) Applicability. Mining operations, including the quarrying operations for sand, gravel or other materials, and the removal of the product from the earth and its washing, screening, crushing, processing, weighing and loading for transportation, fuel storage, power generation and repair facilities, will be allowed in the Mining Overlay Zoning District by special use permit approval as set forth below. The following special use permit conditions will apply to all mining operations:

(a) Ingress and egress to Town roads will be reviewed by the Town Highway Superintendent.

(b) Routing of mineral transport vehicles on Town roads will be reviewed by the Town Board and Town Highway Superintendent.

(c) Fees for special use permits and site plan approval will be payable in accordance with the standard schedule of fees of the Town. (See Chapter 120, Fees.)

(2) Mined land reclamation permit. The New York State Department of Environmental Conservation (DEC) is the entity responsible for administering the permits for mining applications made to the state. It is the Town's intent to provide input on the conditions that should be included in DEC mining permits issued for operations located within the Town and to assist in the enforcement of any resulting DEC mining permit conditions, as permitted by state statute. The following procedure will apply for the approval of special use permits for parcels of land that are not existing at the time of the enactment of this subsection for mining operations requiring a DEC permit not previously approved:

(a) The Supervisor of the Town, upon receipt of a complete application for a mining permit from the DEC or for a special use permit, will forward said application to the Planning Board within 10 days following receipt.

(b) Recommendations of the Planning Board and Highway Superintendent. The Planning Board, in consultation with the Highway Superintendent, will, within 30 days of the receipt of an application, provide the DEC with recommendations on conditions to be included in the state mining permit within the following categories:

[1] Ingress, egress and the routing of mineral transport vehicles on roadways reviewed by the Town.

[2] Appropriate setbacks from property boundaries or public rights-of-way.

[3] The need for man-made or natural barriers designed to restrict access and the type, length, height and locations thereof.

[4] The control of dust.

[5] Hours of operation.

(c) Upon receipt of the resulting DEC mining permit, the applicant will submit to the Planning Board a copy of the permit and all information provided to the DEC in support of the application. The Planning Board will accept the information as a complete special use permit/site plan application once the applicable Town application fees have been received. The Planning Board will then incorporate into the Town special use permit any conditions imposed by the DEC as part of the state mining permit and conditions relating to:

[1] Ingress, egress and the routing of mineral transport vehicles on roadways controlled by the Town.

[2] Appropriate setbacks from property boundaries or public road rights-of-way.

[3] The need for man-made or natural barriers designed to restrict access and the type, length, height and location thereof.

[4] The control of dust.

[5] Hours of operation.

[6] Enforcement of reclamation requirements contained in the mine's approved reclamation plan.

(3) Standards: The following additional standards will apply to all new applicants for sand, gravel and other quarrying and mining excavation industries that are not existing at the time of the enactment of this subsection and are not superseded by the NYSDEC as part of the mined land reclamation regulations.[1] Further, any commercial or light industrial use conducted in connection with a mining operation will require a special use permit and site plan approval in accordance with Articles IX and XI of this chapter and the regulations set forth in this § 235-14.4F.

(a) Sand, gravel and other quarrying and other mining excavation industries, where permitted, will extend no closer than 250 feet to any existing public road or property line of a property in residential use. In the case of blasting operations, this distance may be increased by the Planning Board. The Board may also limit the extension of such operations within or into any aquifer or watershed protection zone that may be designated by the Town of Blooming Grove to protect a public water supply.

(b) Asphalt. The manufacturing or processing of asphalt will not be considered part of any extraction industry.

(c) Traffic studies. The Planning Board may require traffic studies to determine the need for special entrance designs, the construction of acceleration and deceleration lanes and the like.

(d) The storage and/or burial of machinery, junk, debris, or any other non-mine-related items will not be allowed on site. The site will not be used to park commercial trucks or heavy equipment not directly involved with the currently permitted mining operation.

(e) All mines not existing at the time of the enactment of this subsection, during excavation or quarry operations, where there are open pits and open quarry walls on the property in which active operations are occurring, will be entirely surrounded by a substantial fence at least six feet high located no less than 150 feet from the mine excavation to safeguard the public and prevent an attractive nuisance. Such fence is to be erected so as to effectively block access to the area, with suitable gates provided with locks. The top and/or toe of slope will not be closer than 40 feet to a property line.

(f) The Planning Board may require the applicant to submit a screening and buffer plan to minimize visual impacts on surrounding properties or adjacent roadways. Such plan will identify the location, height, type and other appropriate details of all proposed perimeter fencing, berming, landscaping or other screening and buffering measures.

(g) Excavation, quarrying and mining operations may be conducted between the hours of 7:00 a.m. and 5:00 p.m., Monday through Friday, and between 7:00 a.m. and 12:00 noon on Saturday, and will not be conducted on Sunday or on national or state holidays.

(h) Rock crushing, cement production, other crushing, grinding, polishing or cutting machinery, or other physical or chemical process for treating the product of such excavation will require a separate special use permit and site plan approval by the Planning Board. Such activities will not be located closer than 100 feet to any property line.

(i) The applicant may be required to furnish a performance bond, in an amount determined by the Code Enforcement Officer or Town Engineer, to be sufficient to guarantee completion of any finished grading and drainage plan. Such bond will be released only upon certification by the Code Enforcement Officer that all requirements, including the finished grading and drainage, have been met.

(j) No special permit for excavation operations or soil mining will be granted for a period of more than five years, but such permit may be extended for additional five-year periods, upon approval of the Planning Board.

(k) Fees for the special use permit and site plan approval will be payable in accordance with the standard schedule of fees of the Town (see Chapter 120, Fees).

(l) All activities will be required to adhere to the regulations implementing the New York State Environmental Quality Review Act.[2]

[2] Editor's Note: See Environmental Conservation Law § 8-0101 et seq.

[1] Editor's Note: See Environmental Conservation Law § 23-2701 et seq.

(4) Other uses related to the mining operation. All mines existing at the time of the enactment of this subsection or new mines established after the enactment of this subsection will require separate special use permit approval.

(a) Within the M Overlay District, an applicant may be allowed to use the property for a light industrial use specifically related to the aggregate being mined thereon. Any such use, which may encompass an area or building, including any accessory uses, of less than 45,000 square feet, will be subject to special use permit approval by the Planning Board. Any such use exceeding 45,000 square feet in area will require a special use permit from the Town Board. The applicant will demonstrate, to the satisfaction of the boards, that the aggregate is specifically the source for the light industrial or commercial uses proposed.

(b) No building will exceed a building height of one story, or 40 feet. All principal and accessory buildings and structures, including parking, will be set back no less than 100 feet from any lot line.

(c) Existing buildings associated with the mining operation within which related uses are conducted, e.g., an office building for administration, will be permitted, provided that said buildings are not expanded or demolished, and will not require a variance from the provisions of Subsection F(4)(b) herein.

(5) Preexisting quarries, sand or gravel pits. Any quarry, sand or gravel pit existing at the time of the enactment of this subsection will be permitted to continue operations and will conform with any and all standards and requirements as set forth by the NYSDEC as part of the mined land reclamation regulations[3] and United States Department of Labor Mine Safety and Health Administration (MSHA) pursuant to their preexisting mining permit.

[3] Editor's Note: See Environmental Conservation Law § 23-2701 et seq.

(6) Zoning amendments. Any applicant seeking to conduct any mining operations in the Town of Blooming Grove may do so only upon submission of a zoning petition in accordance with the requirements of Article XIX, Amendments, of this chapter.

(7) Unlisted uses. Mining operations will not be deemed an unlisted use in the Table of General Use Requirements[4] and will only be conducted within a Mining Overlay Zoning District.

[4] Editor's Note: The Table of General Use Requirements is included as an attachment to this chapter.

(8) Base zoning district. The M District is an overlay district, and all uses and regulations pertaining to the base zoning district will still apply to properties also located in the M Zoning Overlay District when the mining operation ceases, or when a special use permit has expired. Otherwise, the regulations pertaining to the M Overlay will supersede those of the base zoning district where a special use permit has been issued for mining and related uses.

§ 235-14.5 Non-nuisance Industrial District regulations.

[Added 12-13-2017 by L.L. No. 13-2017; amended 7-16-2019 by L.L. No. 3-2019]

The NNI District provides an opportunity for the establishment of new uses or the adaptive reuse of existing buildings, such as those located at Camp LaGuardia, where larger-scale non-nuisance and other nonresidential uses are permitted, as provided in the Use Table. The provisions of this section shall be reviewed by the Planning Board, in the case of applications that require site plan only, conditional use permits, and subdivision reviews, and the Town Board, in the case of applications requiring a special use permit.

A. Special site design and operational considerations in the NNI District. The purpose of the NNI District is to allow larger-scale nonresidential uses that contribute to the Town's tax base and provide jobs, allow an opportunity for the adaptive reuse of buildings within the district if pursued by an applicant and approved by the approving board, while protecting the Town's scenic and rural qualities and adjoining residential neighborhoods. Impervious surfaces are limited to 60% of the total project area, requiring that 40% of the site be maintained as landscaped, open or undeveloped green space. This green space shall be arranged in a manner that adequately buffers buildings and parking areas from neighboring properties, and can incorporate wetlands, watercourses, and scenic views. Notwithstanding, the impervious surface area may be increased to 75% of the total project area for any use subject to Town Board special use permit approval. The Town Board shall determine the following in rendering a decision:

(1) The stormwater quantity and quality can be handled in a manner that does not impact groundwater resources;

(2) The location of any additional impervious surface area shall not cause any significant adverse impact to any adjoining residential neighborhoods or uses, and the Town Board has the discretion to establish the minimum setback of any impervious surface area from same.

B. All new development in the NNI District should comply with the following design standards. Where alterations to existing structures and change in use require site plan approval, they should comply with these standards to the extent practicable. The overall design goal is to ensure that design of future development in the district is visually attractive and an asset to the Town, through adherence to landscape, layout, and architectural standards. The following standards apply in the NNI District:

(1) Building placement.

(a) Buildings should be clustered together to the extent practical, preserving existing green areas. More than one principal building is allowed on a lot.

(b) Depending upon the operational characteristics of the proposed use, the approving board will determine whether buildings are to be placed to the front or rear of their parking lots. The intent is to ensure that the layout limits potential noise, lighting, visual and other impacts to adjoining residential uses.

(c) Any historic or architecturally significant building or structure located on a project site should be preserved to the extent practicable. Adaptive reuse of historic or architecturally significant structures is encouraged, and the approving board shall have the authority to require during site plan review that the applicant demonstrate why a site and its building or structures cannot be reused.

(2) Architecture and building design.

(a) Trademarked architecture that identifies a specific company by building design features shall be prohibited, unless the applicant can demonstrate that the design is compatible with the historic architecture of the region or development of the area.

(b) Large buildings (footprints greater than 10,000 square feet) should be designed with visually separate but physically connected smaller volumes using building proportions found in the region's traditional architecture. The approving board, at its discretion and upon a review of the use and its operational characteristics, may waive this requirement to the extent that the proposed use cannot operate properly in a building so designed, and the larger building is determined to not have a visual impact on any adjoining residential neighborhood.

(c) Any historic or architecturally significant building or structure on the project site or adjacent to the project site which will be adaptively reused shall be identified in the review process, and the approving board may require that any new construction associated with the historic or architecturally significant building or structure be designed in context with same.

(3) Landscaping. Undeveloped and developed areas should be managed to maximize recharge of groundwater, protection of surface water quality, and protection of wildlife habitat. Frequent mowing of areas not used for agriculture or pedestrian access should be discouraged in favor of management as open meadows.

(4) Parking in more than one municipality. Where a property straddles the Town boundary with another municipality, and buildings and land which may be adaptively reused or developed may be in two municipalities, the approving board may allow any required parking for a use in the NNI Zoning District to be situated in the adjoining municipality, provided appropriate easements or restrictions ensure that the parking shall remain during the duration of the use.

(5) Recreation uses. Any recreation uses which may be developed in the NNI District shall be indoor recreation uses only, except that the Town Board may approve outdoor recreation facilities accessory to an entertainment complex or hotel as part of its special use permit authority.

(6) Agricultural uses. Agricultural crop production is allowed, and an agricultural operator shall demonstrate that said use can be conducted, if applicable, within a floodplain or wetland, in accordance with state and local regulations governing same.

(7) Access over existing streams. The approving board, during site plan review, shall encourage the preservation of existing bridges or other access which may provide existing or future access from one portion of a property to another, for purposes of minimizing further stream encroachment.

(8) Vehicular access. The approving board may allow access to a property to be located on another property which may be located in the neighboring municipal jurisdiction, provided appropriate easements or restrictions ensure that the access shall remain during the duration of the use.

(9) Adaptive reuse. The approving board, in its discretion, may waive the bulk requirements for the NNI District, consistent with provisions set forth in § 235-14A, where the approving board finds that such waiver is necessary to allow the adaptive reuse of an existing building or overall property in the NNI District and said waivers will not have any negative impact on an adjoining residential neighborhood.

(10) Noise, lighting and visual buffer. The approving board, in its discretion, may require that a vegetative or solid barrier be installed and placed on the lot on which development is proposed and an adjoining residence to mitigate fully any potential negative noise, lighting, visual, or other impacts which may result from operation of the use. The approving board shall determine the appropriate width of the buffer, taking into consideration the distance of any part of the operation (including vehicle or truck parking areas) to a residence, and any intervening vegetation, fences, buildings or structures which may reduce said impacts.

§ 235-14.6 Sustainable Business District regulations.

[Added 3-12-2024 by L.L. No. 3-2024]

The SB District provides an opportunity to allow larger-scale nonresidential uses and encourage the construction of planned business parks, designed in accordance with the following standards which ensure that open space preservation and environmental protection is integral to development in the SB.

A. Special site design and operational considerations in the SB District. The purpose of the SB District is to allow larger-scale nonresidential uses in a park-like campus setting that contribute to the Town's tax base and provide jobs, yet also preserve open space consistent with the adopted Town of Blooming Grove Community Preservation Plan, in order to protect the Town's environmental, scenic and rural qualities and adjoining residential neighborhoods. The Town seeks to incentivize the establishment of business parks, and thus the zoning dimensional standards incentivizes the creation of business parks through increasing the allowable maximum impervious coverage and reducing minimum lot size per principal building/use as follows:

Dimensional Standards for SB Zoning District
Development Standards	Number of Buildings in a Business Park1
	One Principal Building or Principal Use	Two Principal Buildings or Principal Uses/Lots in Business Park	Three Principal Buildings or Principal Uses/Lots in Business Park	Four or More Principal Buildings or Principal Uses/Lots in Business Park
Nonresidential density2	1 building/15 acres	1 building/10 acres	1 building/7.5 acres	1 building/6 acres
Maximum development coverage (%)3, 7	30%3	35%	40%	45%
Minimum open space area (%)4	70%	65%	60%	55%
Percent of minimum open space area that may be developed as landscaped area/buffer4	10% of the 70%	15% of the 65%	15% of the 60%	20% of the 55%
Minimum lot size per principal building4	15 acres	7.5 acres	5 acres	2.5 acres

Notes:
1	The term "building" is used interchangeably with "principal use." Except for one principal building on a lot, the development of more than two or buildings shall be designed as a business park.
2	Nonresidential density is the minimum acreage required based on the number of principal buildings or uses for a development in the SB Zone. For example, where only one principal building is proposed, the minimum lot area shall be 15 acres. Where four principal buildings are proposed, the minimum required lot area is six acres per building, or a total lot area of 24 acres. Any development consisting of two or principal buildings/uses shall be designed as a business park. This is the minimum lot area for the overall business park, regardless of whether or not the lots are subdivided.
3	For a business park, the maximum impervious cover excludes the shared driveway or road serving the uses. Maximum impervious surface area shall be for the entire development. The Planning Board shall determine the maximum impervious surface coverage on individual lots in the business park, but the total shall not exceed the requirement.
4	Open space area is that area to be left in its natural state.
5	Within a business park, the overall business park shall meet the maximum density requirements set forth in Note 2 above. However, a building may be situated on smaller lots, as per the minimum lot size per principal building. For example, while a business park with four buildings requires 24 acres, any building may be situated on a lot with a minimum size of 2.5 acres. Lots may be variable size. Larger lots shall not be further subdivided.
6	For a bank, restaurant, or animal kennel, the lot may be smaller than set forth above, but shall be no smaller than one acre. Regardless, the overall business park shall still meet the maximum density set forth above, based on the total number of buildings/uses/lots in the business park.
7	Where only one building can be situated on a lot due to environmental conditions, i.e., the presence of wetlands, and floodplains, the Planning Board, in its discretion, may increase the development coverage to no more than 50%.
SF - Square feet
GFA - Gross floor area. Internal mezzanines shall count toward GFA.

B. All new development in the SB District shall comply with the following design standards. Any development involving land in an overlay district shall also comply with overlay district standards. The overall design goal is to ensure that design of future development in the district is visually attractive and an asset to the Town of Blooming Grove, through adherence to landscape, layout, and architectural standards. The reviewing board depends on the type of uses anticipated, as per the Table of Use Requirements. The following standards apply in the SB District:

(1) Buildings and placement.

(a) Buildings can be clustered together to the extent practical and in accordance with the Dimensional Standards, preserving existing green areas. More than one principal building is allowed on a lot, however, the maximum density and minimum lot area requirement per building/use shall meet the Dimensional Standards for the SB Zone.

(b) Depending upon the operational characteristics of the proposed use, the reviewing board will determine whether parking lots shall be placed in front or behind principal buildings. The intent is to ensure that the layout limits potential noise, lighting, visual and other impacts to adjoining residential uses, protects contiguous open space to the maximum extent practicable, and is screened from view of public roads. No less than a fifty-foot landscape buffer shall be established along any lot line fronting to any road, including internal drives serving a business park. Parking, stormwater and other facilities shall not be permitted in the buffer, and only a driveway perpendicular to the road/drive may encroach upon it.

(c) Buildings shall be separated from one another a maximum distance equal to two times the height of the tallest building, but no less than 100 feet apart.

(d) Only one tenant is allowed per building. The reviewing board may allow more than one tenant per building where it finds that adequate utilities, parking and other infrastructure exists to support multiple tenants.

(2) Formula/franchise business architecture and building design. Formula/franchise architecture that identifies a specific company by building design features shall be prohibited, unless the applicant can demonstrate that the design is compatible with the historic and rural architecture of the region or development of the area. The facades of large-scale buildings shall be broken up via building facade setbacks, windows, different colors, and other means to break up its apparent massing, and the colors and materials shall be approved by the Town during architectural review.

(3) Landscaping and buffering.

(a) Undeveloped and developed areas shall be managed to maximize recharge of groundwater, protection of surface water quality, and protection of wildlife habitat. Lawns and other areas requiring frequent mowing, other than areas in agricultural use, shall be discouraged in favor of open undisturbed lands. The Planning Board may require that preserved areas be landscaped and supplemented with native landscaping appropriate to Blooming Grove.

(b) Landscaping within yards is intended to provide varying levels of visual screening and buffering. In general, this buffering shall be developed to alleviate the impact of nonresidential development, including but not limited to lighting, parking and loading areas, noise and odor, location of ancillary equipment such as dumpsters and heating, ventilation and air conditional systems, traffic flow and light glare from vehicles from adjoining properties.

(c) The Planning Board shall require that a buffer area be established to mitigate fully any potential adverse noise, lighting, visual, or other impacts which may result from operation of the use on any existing residence. Buffering can be established through landscaping, berms, solid fencing, or other means. The buffer width shall be no less than 100 feet to an adjoining residence and located along the shared property line. During site plan review, a buffering plan demonstrating how the project will alleviate any potential adverse impacts to adjacent, preexisting residential structures shall be provided.

(d) A minimum buffer of 50 feet shall be provided along any lot line fronting to a public or private street or driveway giving access to the lot, and 50 feet along all other lot lines. Stormwater facilities shall not be located within said buffer.

(e) The Planning Board shall determine the appropriate design of any buffer, taking into consideration the distance of any part of the operation (including vehicle or truck parking areas) to a residence or other use, and any intervening vegetation, fences, buildings or structures which may reduce said impacts. The area of buffer shall be commensurate with the potential impact to neighboring properties.

(4) Recreation uses. Any recreation uses which may be developed in the SB district shall be indoor commercial recreational uses only.

(5) Agricultural uses. Agricultural crop production is allowed, and an agricultural operator shall demonstrate that said use can be conducted, if applicable, within a floodplain or wetland, in accordance with state and local regulations.

(6) Access over existing streams. The Planning Board shall encourage the preservation of existing bridges or other access which may provide existing or future access from one portion of a property to another, for purposes of minimizing further stream encroachment, where existing crossings exist.

(7) Vehicular access, trucks and traffic.

(a) The site shall maintain no less than 300 feet of frontage on a state or county highway from which access shall be provided. The Planning Board, in its discretion, may decrease the road frontage to 100 feet, where it finds that there is sufficient frontage to locate access drives and where adequate sight distances are achieved, and the minimum number of access drives can be provided in accordance with Town and state codes. The Town Board may waive the requirement that access be from a state or county highway, only where it finds that the Town road has the capacity and geometry to safety accommodate vehicles and trucks associated with the uses, based on an engineering evaluation of traffic impacts. The Town Board shall refer any application to the Town Highway Superintendent for review prior to making a determination. In no event shall traffic shall not be directed to travel through residential neighborhoods, or areas with concentrated residential uses.

(b) The Town may require submission of a traffic study as part of any application, and the reviewing board may retain a professional to review any study submitted with the application.

(c) Back-up beepers for trucks and other equipment shall be avoided, and shushers, strobe lights and other options shall be employed to reduce noise from any operation involving truck traffic.

(d) For parking areas, no less than one tree which is no less than 3.5 inches caliper shall be required for every 10 parking spaces, which shall be planted within landscape medians or islands within the parking area. A landscape island shall be provided for every 15 parking spaces in a single row. Every third aisle of parking spaces (an aisle being two rows of parking spaces) shall be developed with a landscape median between the vehicle spaces, no less than 10 feet in width. A ten-foot landscape buffer strip shall separate parking areas from internal drive aisles. Every road or driveway access within the sustainable business district shall include a ten-foot landscape buffer strip and a sidewalk along one side of the road/driveway.

(8) Prohibited uses. Uses that involve or require extensive use of water for its operation, hazardous materials, servicing of any vehicles or tractor trailers or other trucks on-site, outdoor storage (except accessory to agricultural operation or commercial greenhouse), and outdoor kennels are prohibited.

(9) Water and sewer. The applicant shall demonstrate, to the satisfaction of the Planning Board and in consultation with the Town Planning Board and/or Town Board Engineer, that the development will be served by adequate water supply and wastewater treatment. The Planning Board can require hydrological and drawn-down studies and other analyses to ensure this requirement is met. The Planning Board may require that the minimum lot area be increased, as necessary, to accommodate on-site utilities. If central water and/or sewer service is proposed to serve a business park, said systems shall be shown on the plans and shall be approved by the Planning Board and relevant county/state agencies.

(10) Open space. The applicant shall submit a narrative demonstrating that the Town of Blooming Grove Community Preservation Plan has been reviewed, and that the proposed open space incorporates lands which are the most sensitive in the development. The open space area shall include all 100-year floodplains and wetlands on the site, and not less than 50% of prime farmland soils. Any application submitted in the SB Zone shall be forwarded to the Town Board for comment. The Town Board, in its discretion, may forward the narrative to other Town committees/boards that review open space and environmental matters for comment. The applicant can, as part of the application, propose to set aside open space on another parcel of land, located within the unincorporated Town of Blooming Grove and within 2,500 feet of any property line of the proposed development. The Town Board shall determine whether said lands are acceptable for preservation. If the Town Board determines the lands are acceptable, the minimum impervious surface coverage shall be calculated on all land involved. However, nothing shall allow the impervious surface coverage on the property to exceed 50%. A conservation easement to the satisfaction of the Town Board shall be placed on the lands to be preserved as open space.

(11) Environmental constraints. No building shall be constructed nor shall any disturbance be allowed to a wetland or the 100-year floodplain without applicable permits from regulatory agencies. Wetlands shall be replaced on a 1:1 basis on the project site.

(12) Habitat assessment. A habitat assessment shall be conducted identifying the habitats on the site, observed species and likely presence of species on a property during all seasons of the year. This shall include all flora and fauna, including amphibian and aquatic species. The Town may retain a professional to review any study submitted with the application.

(13) Trucks. The Planning Board may require that truck loading and unloading be internal to a site or building. Trucks shall avoid peak hour time periods for traffic. Access to a site shall not require any trucks traveling over an existing or future pedestrian trail. There shall be no more than four outdoor (exposed) bays/docks per building, except that in a planned business park, the Planning Board shall establish the maximum number of loading docks for the entire business park.

(14) A buildings shall be no less than 100 feet from any internal driveways in a business park which provides primary access to buildings in the business park, and no less than 200 feet from a public road.

(15) The maximum building size shall be 500,000 square feet for any building, and 750,000 square feet by special permit approval of the Town Board.

(16) All uses and development within the SB Zoning District shall incorporate sustainable measures. These shall include, but not be limited to: solar rooftop panels, EV charging stations (no less than 2% of all vehicle parking), LEED or equivalent certification, water efficiency measures, waste minimization and recycling of materials. A narrative shall accompany any application, documenting the sustainable measures to be integrated into the development, which shall be approved by the Planning Board.

(17) Where the total number of buildings/uses/lots in a business park has been established based on the maximum permissible density, no further subdivision shall be permitted, except for lot line changes which comply with any prior approvals.

C. Review process. All proposed development in the SB Zoning District shall include the following, in addition to the data required for a site plan and/or subdivision plan:

(1) Where applicable, a site plan for full development of the business park, showing the lots and sites, accessways, parking, building footprints, loading and dock areas, and other information as required by the Planning Board during site plan review.

(2) An existing conditions map, which illustrates the location of the following: prime farmland soils, wetlands, watercourses and waterbodies, the 100-year floodplain, ecological habitats, the existing tree line, trees with a diameter greater than eight-inch dbh with tree species identified; and existing slopes in excess of 25%. The reviewing board shall consider the features on the site when determining the best location for development.

(3) Landscaping plan, showing areas to remain as undisturbed open space and areas to be landscaped. A conservation easement running to the benefit of the Town or other conservation organization of land trust acceptable to the Town Board.

(4) Lighting plan, which shall demonstrate that the footcandles shall not exceed 0.1 footcandle at the property line, and within the open space. LED color shall not exceed a Kelvin value of 2,700K, and the maximum intensity of light at any one point shall not exceed five footcandles.

(5) Speculative development. Where a proposed development is approved for buildings/uses for which the tenant/occupant is unknown, commonly referred to as a "spec" building, a condition of said approval shall be that the future tenant/owner appear before the Planning Board once the specific occupancy is known, in order to ensure the use meets the standards and conditions of approval. Any changes to the development shall require approval by the reviewing board.