[Amended 12-2-2015 by L.L. No. 5-2015]
The Town is hereby divided into the following use districts:
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R-135
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Residential 135,000 square feet District
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R-90
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Residential 90,000 square feet District
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R-45
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Residential 45,000 square feet District
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R-MH
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Residential-Mobile Home District
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PH
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Poughquag Hamlet District
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BH
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Beekmanville Hamlet District
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HR
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Residential District Condominium Units District
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SC
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Sylvan Cottage District
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TC
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Town Center District
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C-1
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Neighborhood Shopping District
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C-2
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Highway Commercial District
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C-3
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Mixed Commercial - Light Industrial District
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LC
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Land Conservation District
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PUD
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Planned Unit Development District
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RL-O
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Ridgeline Overlay District
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SRSV-O
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Scenic Roads and Scenic Viewsheds Overlay District
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A-O
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Aquifer Overlay District
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Said districts are bounded as shown on the map entitled "Zoning
Map of the Town of Beekman," as most recently duly adopted by the
Town Board and certified by the Town Clerk, and which, with all explanatory
matter thereon, is hereby made a part of this chapter.[1]
[1]
Editor's Note: The Zoning Map and any amendments thereto
are on file in the Town offices.
A.
Boundaries indicated as approximately following the center lines
of streets, highways, alleys or utility/railroad rights-of-way shall
be construed to follow such center lines of the right-of-way.
B.
Boundaries indicated as approximately following Town limits shall
be construed as following such Town limits.
C.
Boundaries indicated as approximately following platted lot lines
shall be construed as following such lot lines.
D.
Boundaries indicated as following shorelines shall be construed to
follow such shorelines and, in the event of change in the shoreline,
shall be construed as moving with the actual shoreline.
E.
Boundaries indicated as approximately following the center lines
of streams, rivers, ponds or other bodies of water shall be construed
to follow such center lines.
G.
Distances not specifically indicated on the Official Zoning Map shall
be determined by the scale of the map.
I.
If the district classification of any land is in question, it shall
be deemed to be in the more restrictive of the two districts.
A.
Residential 135,000 square feet (R-135) District.
(1)
Purpose and intent. The R-135 District is a low-density residentially
zoned district. The land included in this district is considered to
have substantial environmental constraints, including steep slopes
and sensitive ridgelines that significantly affect the development
potential and development pattern of the land. Development that consumes
less open land and protects adjacent open space from negative impacts
shall be encouraged in accordance with the Town's Comprehensive
Plan.
(2)
Uses allowed within the R-135 District are attached to this chapter
as Schedule A.
B.
Residential 90,000 square feet (R-90) District.
(1)
Purpose and intent. The R-90 District is a medium-density residentially
zoned district. The land included in this district has some environmental
limitations, although not to the degree as found in the R-135 District,
including steep slopes, wetlands and floodplains. Development shall
maintain the existing rural character and single-family land use pattern
in accordance with the Town's Comprehensive Plan.
(2)
Uses allowed within the R-90 District are attached to this chapter
as Schedule A.
C.
Residential 45,000 square feet (R-45) District.
(1)
Purpose and intent. The R-45 District encompasses an area generally
built up with residential uses in a suburban development pattern,
interspersed with open space, agricultural uses and undeveloped areas.
Minimum lot sizes are 45,000 square feet. Development shall not negatively
impact the character of single-family residential areas and shall
be in accordance with the Town's Comprehensive Plan.
(2)
Uses allowed within the R-45 District are attached to this chapter
as Schedule A.
D.
Residential-Mobile Home (R-MH) District.
(1)
Purpose and intent. The R-MH District is to provide for primarily
mobile homes in established mobile home parks to provide alternative
housing needs for the Town's residents. Such mobile home parks
are typically located on one lot, which includes two or more mobile
homes within the park located and maintained in accordance with the
Comprehensive Plan and the Town Code.
(2)
Uses allowed within the R-MH District are attached to this chapter
as Schedule A.
E.
Poughquag Hamlet (PH) District.
(1)
Purpose and intent. The PH District is established to preserve the
compatibility with the prevailing architecture and community identity
of one of Beekman's early settlements. A mix of residential,
civic, governmental, business/professional and local-serving commercial
uses that promote attractive and architecturally compatible development
shall be encouraged. New infill development shall be compatible with
existing land uses, prevailing architectural styles and scale in proximity
to residential neighborhoods in accordance with the Comprehensive
Plan.
(2)
Uses allowed within the PH District are attached to this chapter
as Schedule A.
(4)
Special standards applicable to PH District.
(a)
Application for development within the PH District shall be
required where the proposal includes changes in ownership, alteration
to existing structures, removal of existing structures or development
of vacant sites.
(b)
New and renovated buildings shall be compatible with the prevailing
architecture. Window patterns, roof pitch, color, materials and other
factors shall be considered in the design. Site plan applicants shall
be prepared to discuss and justify architectural compatibility.
(c)
All development proposals shall respect the unique scale and
sensitive environmental characteristics of the hamlet.
(d)
To provide appropriately scaled and pedestrian-oriented development,
drive-through facilities are prohibited except for bank drive-through
windows. Such windows and queuing lanes should be screened from public
view and located to the side or rear of the building.
(e)
It shall be the responsibility of the Architectural Review Board
(ARB) to examine such plans and other data submitted and approve said
plans, if they are in compliance with all requirements of this chapter.
Applicants are encouraged, but not required, to meet with the ARB
to discuss their application.[6]
F.
Beekmanville Hamlet (BH) District.
[Added 12-2-2015 by L.L. No. 5-2015]
(1)
Purpose and intent. This BH District is small in area and is located
in the Hamlet of Beekmanville. Accordingly, it allows a mixture of
residential uses and compatible local serving commercial uses on a
small scale. Future development and restoration shall be compatible
with existing land uses, prevailing architectural styles, scale in
proximity to residential neighborhoods, and in accordance with the
Comprehensive Plan. Improvement for the public benefit, such as pedestrian
access, streetscape design and infrastructure shall be encouraged
as may be appropriate for the district.
(2)
Uses allowed within the BH District are attached to this chapter
as Schedule A.
G.
Residential District Condominium Units (HR) District.
(1)
Purpose and intent. The HR District is intended to accommodate new
and existing residential high-density development through a mixture
of housing types that include condominium and townhouse developments.
Areas of the Town designated under this district are intended to retain
the existing residential character of established neighborhoods while
providing for alternative housing opportunities for the Town's
residents. The district shall promote a land use pattern that protects
air quality, surface and groundwater resources while working to eliminate
or minimize the impacts of development in accordance with the Comprehensive
Plan.
(2)
Uses allowed within the HR District are attached to this chapter
as Schedule A.
H.
Sylvan Cottage (SC) District.
(1)
Purpose and intent. Areas designated in the SC District generally
include the preexisting residential lots near Sylvan Lake that are
characterized as smaller lot sizes and homes. The district shall discourage
the conversion of residential structures on inappropriately sized
lots. The district shall maintain the smaller lot sizes to provide
moderately sized homes as an alternative, housing opportunity for
the Town's residents. Future development shall maintain a land
use pattern that protects surface and groundwater resources.
(2)
Uses allowed within the SC District are attached to this chapter
as Schedule A.
(3)
Lot area and bulk regulations. The minimum related standards for
the SC Zone shall be set forth in Schedule B, Schedule of Area and
Bulk Regulations, of this chapter.[9] In addition, the following related standards shall apply:
(a)
Front, side and rear yards shall be not less than 10 feet per
story.
(b)
No building and/or structure in a SC District shall be closer
than 15 feet to another building and/or structure in the SC District
or any adjacent residential zoning district.
(c)
Single-family dwelling units shall be permitted as follows:
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Number of Bedrooms
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Maximum Floor Area per Dwelling Unit
(square feet)
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Minimum Lot Area Required for Each Type of Unit
(square feet)
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|---|---|---|---|
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1 or 2
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1,000
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5,000
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3
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1,250
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10,000
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4
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1,500
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20,000
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(d)
The maximum height of any building or structure shall be no
more than two stories or 30 feet in height.
(e)
The total building area of all buildings used primarily for
dwelling purposes shall occupy no more than 50% of the gross lot area.
[9]
Editor's Note: Schedule B is included as an attachment
to this chapter.
(4)
The Planning Board may vary the floor area requirements in order to better accomplish one or more of the purposes specified under § 155-8H(1), Purpose and intent.
(5)
The Planning Board shall determine the number and type of rooms in
each dwelling unit, to assure that alcoves, dining areas, dens, and
similar spaces are not actually additional bedrooms.
I.
Town Center (TC) District.
(1)
Purpose and intent. The TC District is for mixed office, governmental,
commercial, residential and recreational uses. The district shall
provide a sense of place and identity for the community through walkable,
highly integrated, multifunctional public and private spaces. Appropriate
infrastructure, public facilities and future development shall encourage
connectivity through a network of connected streets, sidewalks and
uses. Structures shall be two to three stories. Structures shall be
encouraged to be mixed use with retail on the ground floor and office
or residential uses above. Higher-density residential development
shall be encouraged. A balance of land uses that support the activities
of daily living, working, shopping, and recreation shall be encouraged
in accordance with the Comprehensive Plan.
(2)
Uses allowed within the TC District are attached to this chapter
as Schedule A.
J.
Neighborhood Shopping (C-1) District.
(1)
Purpose and intent. Areas designated as the C-1 District are intended
to preserve and enhance the residential and rural character while
permitting a concentration of neighborhood commercial uses consistent
with the goals and recommendations of the Comprehensive Plan. Limited
small business services designed to serve the adjacent residential
community shall be encouraged. Such small-scale shopping areas shall
provide pedestrian access and shall be integrated with the neighborhoods
that they serve. Future development shall encourage a mixture of small
local-serving commercial uses.
(2)
Uses allowed within the C-1 District are attached to this chapter
as Schedule A.[11]
[11]
Editor's Note: See also Schedule B, Schedule of Area and Bulk
Regulations, attached to this chapter, for related lot area and bulk
regulations.
K.
Highway Commercial (C-2) District.
(1)
Purpose and intent. The C-2 District is intended for intensive retail
development and is primarily vehicle oriented. Such development generally
requires greater land areas than can be provided in other districts
and includes large scale commercial, retail and office uses that attract
vehicle traffic. Future development shall be designed to be compatible
with adjacent land uses and to prevent "strip" development along Beekman's
road corridors in accordance with the Comprehensive Plan.
(2)
Uses allowed within the C-2 District are attached to this chapter
as Schedule A.
L.
Mixed Commercial-Light Industrial (C-3) District.
(1)
Purpose and intent. The C-3 District includes areas with good access
and is deemed appropriate for commercial, light industrial, and other
nonresidential services. Appropriate light industrial and other nonnuisance
businesses shall be encouraged that engage in basic processing, assembling
and manufacturing of products from raw materials and with tolerable
levels of noise, dust, odor, vibration or smoke. The C-3 District
shall protect adjacent residential neighborhoods and districts from
the encroachment of such light industrial land uses. Development standards
shall ensure adequate buffering between incompatible uses and to protect
environmental resources in accordance with the Comprehensive Plan.
The C-3 District shall maximize economic development potential by
encouraging infill, reuse and expansion of related businesses.
(2)
Uses allowed within the C-3 District are attached to this chapter
as Schedule A.
M.
Land Conservation (LC) District.
(1)
Purpose and intent. The purpose of the LC District is to protect,
preserve, enhance and restore sensitive resource areas in the Town
while encouraging low-intensity recreation consistent with the Comprehensive
Plan. Such lands are designated respectively, in the event that the
sites are no longer maintained by public agencies, such as the State
of New York, and are instead conveyed to owners in the private sector.
(2)
Uses allowed within the LC District are attached to this chapter
as Schedule A.
N.
Planned Unit Development (PUD) District.
(1)
Purpose and intent. The general purpose of a PUD District is to overcome
the inflexibility of conventional single-use districts and to achieve
a more integrated development pattern. Rather than apply design standards
on a lot-by-lot basis, PUDs are based on a unified master plan, allowing
flexibility of uses and exemptions from some dimensional and density
requirements. PUDs involve the careful application of design to achieve
a more functional, aesthetically pleasing and harmonious living and
working environment within the Town. Upon approval of such a master
plan for a parcel or parcels in the Town, the Official Zoning Map
shall be updated to illustrate the designated PUD District.
O.
Ridgeline Overlay (RL-O) District.
(1)
Purpose and intent. The general purpose of the Ridgeline Overlay
District (RL-O) is to establish clear guidelines for protection of
the Town's hillsides and ridgelines, which are found largely
at higher elevations and environmentally sensitive 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.
P.
Scenic Roads and Scenic Viewsheds Overlay (SRSV-O) District.
(1)
Purpose and intent. The general purpose of the Scenic Roads and Scenic
Viewshed Overlay (SRSV-O) District is to establish clear guidelines
for protection of the Town's unique viewsheds and to preserve
the rural character of the Town.
Q.
Aquifer Overlay (A-O) District.
A.
Design principles: Town Center. The primary objective of the district
is to create a main street area. New buildings should relate to a
main street design as well as enhance the positive qualities that
currently exist, Specifically, the design principles for the district
are to:
(1)
Establish a coordinated image for the Town Center as established
by the Architectural Review Board.
(2)
Bring buildings up toward the sidewalk and street edge.
(3)
Promote a mix of commercial and residential uses in multistory buildings,
with a variety of housing options.
(4)
Promote the prominent positioning of civic buildings and central
green spaces in order to enhance community identity and public interaction.
(5)
Promote pedestrian activity through a safe and walkable environment.
(6)
Minimize the visual impact of the automobile by managing the placement
and screening/landscaping of parking areas.
(7)
Create an interconnected street system for both pedestrian and vehicular
traffic.
(8)
Encourage the development of both on-street parking and shared parking
areas between nearby uses.
(9)
Provide multiple housing options.
(10)
Protect important natural and historic features.
B.
Planning Board review of projects in the Town Center.
(1)
The design standards of this section are intended to provide guidance
to the Planning Board in its review of projects within the district.
It is the intent of these standards to provide the Planning Board
and applicants with guidance as to favored forms and principles of
site design.
(2)
The Planning Board is empowered to require a mix of uses in any development
project. Further, the Planning Board is empowered to require that
a development be phased to ensure the required mix of uses is implemented.
Applicants are encouraged to meet with the Planning Board prior to
an application to discuss concepts, clarify procedures, and coordinate
all applicable zoning in this chapter.
(3)
The Planning Board may modify those standards that are mandatory
upon written finding that such modification is warranted. Circumstances
that may warrant modification of any mandatory standard include, but
are not limited to, physical constraints such as the location of existing
buildings or changes in grade between adjacent properties.
(4)
In reviewing any proposed modification of a mandatory standard, the
Planning Board shall consider whether granting the modification will
be consistent with the purpose of this section, the Comprehensive
Plan and the design principles in the Design Manual of the Architectural
Review Board.
C.
Design standards. The district encourages a mixture of retail uses,
restaurants, services, work places, entertainment and civic facilities,
and moderate- to high-density housing in a compact pattern that balances
automobile access with strong pedestrian elements to create a walkable
environment. It encourages complete neighborhoods with a diverse range
of dwelling types, such as single- and two-family houses, attached
townhouses, and condominium or apartments mixed together. The following
are the specified standards for the district:
(1)
Streetscape standards.
(a)
(b)
Blocks and lots.
[1]
Street layouts, as shown on the Town Street Map, should provide
for a variety of block and lot sizes. Blocks should be generally in
the range of 200 feet to 400 feet deep by 400 feet to 800 feet long
to create shorter walking distances and help diffuse traffic on multiple
access routes. Blocks exceeding 600 feet should have a rear lane access,
or pedestrian right-of-way for mid-block access.
[2]
Multiple buildings and uses are permitted on a lot in the TC
District.
[3]
In order to facilitate fewer curb cuts, shared driveways and
rear access lanes should be used for access to parking lots behind
buildings.
[4]
Residential rear access lanes should be used for access to garages
and parking lots behind buildings.
(c)
Sidewalks.
[2]
Restaurants may be permitted to operate outdoor cafes in front
of and on public sidewalks as long as at least seven feet are maintained
free for sidewalk passage.
[3]
A retail business may be permitted to have a temporary (thirty-day)
sidewalk display of store merchandise on up to 25% of its sidewalk
frontage.
[4]
Snow removal from the sidewalks shall be the responsibility
of the property owner.
(d)
Landscaping.
[1]
A landscaped area shall be provided along both sides of all
streets within the TC District. The landscaped area shall be consistent
with the TC street standards shown in Figure 1.[3] Within the landscaped area (between the street and the
sidewalk), one shade tree (minimum of three-inch caliper diameter
at four feet in height) shall be provided per every 25 to 30 linear
feet.
[3]
Editor's Note: Figure 1 is included in an attachment
to this chapter.
[2]
Street trees should be tolerant of urban condition, especially
salt and sand deposited with snow removal. Mulched tree wells should
be placed around the base of each tree for protection and moisture
retention.
[3]
Shrubbery shall be no higher than three feet above existing
street grades, nor shall any tree with foliage extend below 10 feet
above the established street grades. All landscaping (trees, shrubs,
planted beds) shall be maintained within 20 feet of any street intersection
or 10 feet of driveway/street intersections. This restriction is for
purposes of maintaining visibility at all times.
[4]
Where parking lots and drives abut the landscaped strip along
the street right-of-way, evergreen shrubs and/or a three-foot stone
wall, as approved by the Planning Board, should be provided for screening.
The screening should be a plant species that is a minimum of three
feet high and a maximum of six feet high, and extends along the entire
street frontage of the parking lot, exclusive of driveways and visibility
lines.
[5]
Visibility. Street level landscaping shall not interfere with
visibility and safety.
[6]
Street trees are a major means of providing a pedestrian amenity
as well as visual coherence. Property owners shall have responsibility
for planting along street frontage(s) within the Town's right-of-way.
[7]
Maintenance of trees within the Town's right-of-way shall
be the responsibility of the Town.
(e)
Lighting. Streetlights and other lighting shall be 10 feet to
15 feet in height, except pole lights in parking lots, which shall
be a maximum of 20 feet high. Lighting shall be metal halide or other
full-spectrum fixture and should avoid illumination above the horizontal
level into the night sky. All exterior lights shall be designed and
located in such a manner as to prevent objectionable light and glare
to spill across property lines. All lighting fixtures shall be of
uniform design as set forth by the Architectural Review Board.
(f)
Furniture and waste receptacles. Street furniture and waste
receptacles approved by the Planning Board should be provided along
street frontages.
(2)
Site standards.
(a)
Site development.
[1]
Connections between the parking lots to the rear and the main
retail frontage are desirable. Wherever practical, through-store passages
should be provided.
[2]
The frequency of store entrances along commercial Town Center
streets is important in maintaining retail continuity and viability.
In new buildings, a maximum distance of 60 feet between individual
store entrances is encouraged.
[3]
Two- or three-story buildings are required for the entire district.
Larger-scale, single-use facilities (conference spaces, theaters,
supermarkets or department stores, for example) may be one-story with
a two-story, four-sided facade. Flat roofs for new buildings will
not be permitted.
[4]
The ground floor should reinforce retail continuity along specified
street frontages within the district. Second stories may be used for
a mix of residential, commercial, and/or office space.
[6]
Balconies, bay windows and cornice features, open porches, canvas-type
awnings, and projecting signs may encroach up to six feet into the
front setback. However, there shall be no projections into setbacks
over public utilities.
[7]
Drive-through windows or lanes may be permitted. Their location
and design are at the discretion of the Planning Board and Architectural
Review Board.
[8]
Gasoline station pump canopies shall be located to the rear
or side of the building.
[9]
A variety of housing types from attached townhouses, condominiums,
and apartments are permitted, with an overall density of up to 12
dwelling units per acre.
[10]
Side yard and rear yard setbacks for garages or accessory structures
shall be a minimum of six feet.
[11]
Access to driveways and garages should be from the rear access
drive. Any lot with a front driveway should recess the garage 20 feet
from the front building line.
(b)
Parking.
[1]
Parking lots and garages should be located to the rear of a
building wherever possible, and access to parking and garages should
be from a rear access lane.
[2]
Shared driveways should be used to access parking lots behind
buildings and facilitate fewer curb cuts. Shared driveways and/or
entrances for ingress and egress access between neighboring buildings
and parking lots is strongly encouraged for the district.
[3]
Interior parking lot landscaping. Interior parking lots shall be landscaped in accordance with § 155-59 as determined necessary by the Planning Board.
[4]
Exterior parking lot landscaping. A landscaped strip should
be provided around the perimeter of parking lots, exclusive of driveways.
The landscaped strip should be a minimum of five feet wide. Where
appropriate, a berm should be used to hide the parking lot from the
street.
[5]
Each parking space shall be nine feet wide and 18 feet long,
except handicap-accessible spaces that are to be in accordance with
New York State building codes and with parking aisles. Backup and
maneuvering aisles between rows of parking spaces shall be at least
24 feet wide, except where the Planning Board approves a lesser dimension
as adequate to serve parking space arranged at less than a ninety-degree
angle or landscaped area.
[6]
The Planning Board may, at its sole discretion, approve the
joint use of a parking facility and allow a reduction in the parking
requirement of up to 30% for two or more principal buildings or uses,
either on the same, adjacent, or nearby parcels, where it is clearly
demonstrated that the reduction in spaces and shared use of the parking
facility will substantially meet the intent of the parking requirements
by reason of variation in time of use by patrons or employees among
such establishments (offset peak parking demand). There shall be a
covenant on the separate parcel or lot guaranteeing the maintenance
of the required off-street parking facilities during the existence
of the principal use. Such covenant shall be:
[a]
Executed by the owner of said lot or parcel of
land and by all other parties having beneficial use of, or some other
legal interest in, the property, such as, but not limited to, a collateral
or security interest;
[b]
Enforceable by any of the parties having shared
beneficial use of the facility; and
[c]
Enforceable against the owner, the parties having
beneficial use, and their heirs, successors and assigns.
[8]
Waiver of improvement. Where the authority approving a site
plan or special permit application determines that less than the required
number of parking spaces will satisfy the intent of this chapter,
said Board may waive the requirement in part, but not in excess of
30% of the number required according to this section. In all cases,
it shall be expressly demonstrated on the site plan that sufficient
space remains for the provision of the total amount of off-street
parking required, and the site plan shall bear such designation. All
such undeveloped parking space shall be used and maintained as additional
landscaped grounds until required for parking. Written guarantees
and proposed designs of the waived parking spaces shall be submitted
by the applicant for the eventual improvement of any such spaces.
Monitoring of parking conditions shall be the responsibility of the
Code Enforcement Officer. Should parking prove to be inadequate, the
Code Enforcement Officer shall notify the property owner and the Planning
Board in writing that the waived spaces have been determined as necessary
and must be constructed. The property owner shall construct these
spaces within six months of written notification. Written guarantees
and proposed designs of future parking shall be shown on the site
plan. The Code Enforcement Officer will take action in regards to
removing the waiver.
(c)
Landscaping.
[1]
Landscaping should be designed to avoid existing overhead or
underground utility lines. Where the location of existing overhead
or underground utility lines conflicts with the required landscaping
strip and tree planting, the Planning Board may approve an alternate
plan.
[2]
Required landscaping shall be permanently maintained in a healthy
growing condition at all times. The property owner is responsible
for regular weeding, mowing of grass, irrigating, fertilizing, pruning,
and other permanent maintenance of all plantings as needed.
[3]
Site trees should be no smaller than three-inch-caliper diameter
at four feet in height. Density of site trees shall be at the discretion
of the Planning Board as determined necessary.
(d)
Lighting.
[1]
All exterior lights shall be designed and located in such a
manner as to prevent objectionable light and glare from spilling across
property lines.
[2]
Exterior lighting should be architecturally compatible with
the building style, material and colors and in compliance with the
standards outlined by the Architectural Review Board. Cutoff fixtures
are preferred over cobra-type light fixtures and directional floodlights.
[3]
All streetlight poles shall include an approved outdoor electrical
outlet.
[4]
Streetlights and other lights shall be 10 feet to 15 feet in
height, except pole lights in parking lots, which shall be a maximum
of 20 feet high.
(e)
Loading areas. Loading and delivery areas may be shared between
nearby uses, and shall be determined by the Planning Board on a case-by-case
basis.
(f)
Mechanical equipment, garbage containers and electrical transformers.
Mechanical equipment, garbage containers and electrical transformers
should be concealed from public view on all sides by architectural
elements and/or landscaping satisfactory to the Planning Board's
approval.
(g)
Fencing and walls.
[1]
The design of fences and walls should be compatible with the
architecture of the principal building(s) or structure(s) and should
use similar materials.
[2]
All fences or walls 50 feet in length or longer, and four feet
in height or taller, should be designed to minimize visual monotony
by changing plane, height, material, or material texture, or significant
landscape massing.
[3]
Ornamental fencing is preferred.
[4]
Chain-link fencing is discouraged. If approved by the Planning
Board, it must be black and used in conjunction with privacy fence
slats such as Hedge Link or Permahedge. Vinyl, wood, metal slats and
slats of other similar materials are prohibited.
(h)
Utilities.
[1]
Site design is predicated on connection to central water and/or
central sewer with improvements built by the private developer. If
access to central water and/or central sewer is not immediately available,
the project should still be consistent with Town Center principles
and standards to accommodate a later connection to such central utilities.
[2]
All secondary utilities shall be underground. All underground
utilities must be run in conduit.
(i)
Open space. Where appropriate and practical, new development
should create public open spaces and should maintain existing public
open space. Where feasible, new open spaces should connect to existing
open spaces.
A.
For the purpose of protecting ridgelines, preserving the natural
beauty and topography of the community, and ensuring that the Town's
ridgelines are sensitively and appropriately developed, the following
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 (RL-O) District is applied.
The Ridgeline Overlay District encompasses all areas of the Town having
an elevation of 800 feet or more above sea level. The ridgeline boundaries
of the Overlay District is shown on the Town's Zoning Map.
B.
General provisions.
(1)
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.
(2)
Any proposal to construct new residential dwellings, dwelling additions
exceeding 300 square feet, and accessory structures, on any parcel
of land lying fully or partially within the Ridgeline Overlay District
shall be subject to site plan review. The Planning Board may, at its
sole discretion, waive certain requirements of the site plan review
process if the applicant clearly illustrates at the sketch plan phase
that the proposed structure(s) will not negatively impact the ridgeline,
will be sited away from ridge tops and ridgelines, and/or will be
visually buffered from public view by natural vegetation.
(3)
To ensure the placement of structures outside of the exposed ridgeline
area on proposed building lots, building sites, including areas of
vegetation, shall be clearly designated on the applicable subdivision
plat and/or site plan.
(4)
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.
(5)
Sites in the Ridgeline Overlay District, also located within the
Scenic Roads and Scenic Viewsheds Overlay District, are subject to
the provisions and standards found therein.
C.
Standards.
(2)
Design requirements.
(a)
Placement of structures.
[1]
To the maximum extent practicable, buildings, structures, towers
or storage tanks or other improvements within the Ridgeline Protection
Overlay District 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.
[2]
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.
[3]
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.
[4]
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 or roof surface.
(b)
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.
(c)
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.
(d)
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.
(e)
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 (see §§ 155-51 and 155-53.1) within open fields, historic structures, hedgerows, public or private unpaved country roads and stone walls.
(f)
Signs. No signs are permitted that will obstruct the natural
character of the ridgeline, or will be visible above the tree canopy.
A.
Applicability.
(1)
For the purpose of protecting scenic roadways and scenic viewsheds,
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 and Scenic Viewsheds Overlay
District is applied.
(2)
Boundaries. The Scenic Roads and Scenic Viewsheds Overlay District
includes all land as indicated on the Town's Zoning Overlay Map.
This section is intended to apply to the identified sections of road
corridors in order to substantially retain their scenic character.
B.
General provisions.
(1)
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 for construction
of any structure or any addition to a structure greater than 500 square
feet in footprint area, including residential structures.
(2)
If the provisions of this chapter conflict with any other provisions
of the Code in the Town of Beekman, the provisions that impose the
more stringent requirement or standard shall apply.
C.
Standards.
(1)
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.
(2)
The buffer shall closely resemble the natural appearance of undeveloped
land.
(3)
Currently developed properties that maintain the existing character
of the one-hundred-foot vegetative buffer shall be exempt from this
section. However, additional structures, utilities, fences or new
disturbance within the Scenic Roads and Scenic Viewsheds Overlay District
shall be required to comply with this section.
(4)
Vegetation. Any planting along designated scenic roads within the
buffer 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.
(5)
Utilities. The utility should cross the scenic road or the scenic
viewshed at the shortest possible distance. The utility shall place
all pipe, wire, etc., underground if possible unless specifically
exempted by the Planning Board.
(6)
Structures. All aboveground structures within the limits of the Scenic
Roads and Scenic Viewsheds Overlay District shall be an earth-tone
color to blend with the environment and soften the visual impact.
(7)
Fences. Fences designed to block visual access to land in the viewshed
corridor shall be prohibited, unless such fences are necessary to
screen a preexisting use that does not conform to the requirements
of this section or necessary as part of an agricultural operation.
Under no circumstances shall a chain-link fence be approved.
(8)
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.
A.
Purpose. The Aquifer Overlay District is intended to preserve and
maintain the quality and quantity of groundwater found in the Town
of Beekman and thereby protect the water supply source for the Town.
The Aquifer Overlay District provides a means of reviewing, on a case
by case basis, those actions or uses proposed within the Town's
aquifers in order to prohibit uses and activities which may be incompatible
with the goal of long-term groundwater protection.
B.
Aquifer Overlay District description. The Aquifer Overlay District
includes all land as indicated on the Town's Zoning Overlay Map.
The Aquifer Overlay District shall be supplemental to the underlying
residential or nonresidential districts. The Aquifer Overlay District
shall apply the requirements of this section together with all limitations
and requirements applicable in the underlying district. The Aquifer
Overlay District includes all Valley Bottom Aquifer System (VBAS)
and Upland Wellhead Protection Areas. Valley lowland areas underlain
directly by carbonate formations and adjacent areas covered with non-till
glacial sediments. This area has been determined to be in need of
the highest level of protection. Also included in this area are the
recharge areas for community water system wells found within the Upland
Aquifers.
C.
Decision. Every proposed action within the Aquifer Overlay District shall be accompanied by a report prepared on behalf of the applicant by a licensed professional engineer incorporating the analysis and conclusions necessary to fulfill the standards contained in § 155-12D below. The Planning Board shall thereafter adopt written findings of fact, specifying the reason or reasons for its include written findings of fact, specifying the reason or reasons for such decision, and shall contain a statement which shall set forth the decision to grant approval, to grant approval subject to expressly stated conditions or safeguards, or to deny approval. Every resolution shall expressly set forth any limitations, conditions, or safeguards imposed to satisfy the requirements of this section. Violation of such conditions or safeguards shall be a violation of this chapter.
D.
Standards. No proposed action within the Aquifer Overlay District
shall be approved unless the reviewing board or official finds that
based upon available information, analysis, and evidence, the proposed
action will not:
(1)
Appreciably alter the subsurface flow of groundwater to private water
supply wells and existing and potential public water supply wells.
(2)
Appreciably degrade the quality of groundwater through the introduction
of sewage wastes, stormwater runoff, liquid chemicals, petroleum products,
dissolved metals or other toxic substances.
(3)
Appreciably increase the long-term risk of groundwater contamination
through the siting, establishment or expansion of uses which store,
transport, or utilize significant quantities of material which is
potentially harmful to groundwater quality.
(4)
Appreciably increase the long-term risk of groundwater contamination
through the introduction of relatively small quantities of hazardous
or toxic substances which, over a period of time, may accumulate in
groundwater.
(5)
Appreciably increase the risk of groundwater contamination through
the removal of soil, sand, stone, or gravel which provides a protective
mantle for groundwater or which is part of the geologic deposits making
up the Town's aquifers.
E.
Permitted uses. Uses permitted within the applicable zoning district
are permitted within the Aquifer Overlay Zone, except the following
uses shall be prohibited.
(1)
Motor vehicle service facility or motor vehicle repair garages.
(2)
Dry-cleaning establishments.
(3)
Furniture stripping.
(4)
Printing or photo processing.
(5)
Beauty salons.
(6)
Storage or disposal of hazardous materials or waste, potentially
hazardous to surface or groundwater, except storage of fuel oil. Also
exempt are chemicals used for the treatment of swimming pools and
public drinking water supply.
(7)
Outdoor storage of road salt.
F.
Use requirements. The following use limitations and requirements
shall apply to all land within the Aquifer Overlay District:
(1)
Disposal wells. The installation or use of disposal wells is prohibited.
(2)
Industrial sludge and toxic chemicals. No toxic chemicals identified
by the United States Environmental Protection Agency or the New York
Department of Environmental Conservation shall be stored except under
permit from those agencies.
(3)
Wastewater lagoon and pits. Use of wastewater lagoons and pits for
temporary storage of wastewater is prohibited. All storage facilities
shall be watertight, located above the ground, and under permit by
the New York State Department of Environmental Conservation.
(4)
Disposal. Disposal of toxic chemicals, industrial sludge or radioactive
materials is prohibited.
(5)
Fertilizer storage. All bulk storage of artificial fertilizers for
agricultural or commercial use must be within a completely enclosed
building or structure which will prevent any seepage and runoff.
(6)
Pesticide and herbicide use. No pesticides or herbicides shall be
stored or applied unless expressly authorized following review under
the procedures and standards of this section. All such use, storage
or application shall be under permit as provided by the State Environmental
Conservation Law.
(7)
Storage tanks and pipelines. The installation, construction, placement
or replacement of new or existing underground storage tanks, pipelines,
or containers for petroleum products or any other toxic chemical is
prohibited. All aboveground storage tanks, pipelines, and transfer
areas, shall to the maximum extent feasible, be designed to minimize
the risk of groundwater contamination by incorporating backup containment
structures, impervious surfaces, catchment areas, and other features.
The Town reserves the right to prohibit installation or expansion
of aboveground storage tanks and pipelines where consistent with the
purpose and standards of this section. Further, the owner of any storage
tank, pipeline, container or transfer area is responsible for prompt
reporting of any spills or leaks and for the cost of cleanup, containment
and damages.
(8)
Salt and coal stockpiles. The storage of chloride salts, nitrate
salts or coal is prohibited except in a completely enclosed building
or structure which will prevent any seepage and runoff containing
such materials.
(9)
Water wells. All water supply wells shall be constructed in accordance
with the requirements of the Dutchess County Department of Health.
(10)
Abandoned wells. All abandoned wells shall be sealed in accordance
with the requirements of the Dutchess County Department of Health.
G.
Applicability. All new development, uses or activities in the Aquifer
Overlay District are subject to the requirements of this section.
Existing development, uses or activities located within the Aquifer
Overlay District are considered permitted nonconforming uses or activities.
Any change in the permitted nonconforming use or activity will be
subject to the requirements of the Aquifer Overlay District Regulations.
