Town of LaGrange, NY Article III Special Zoning District Provisions

§ 240-31 Preservation Overlay Zones.

A. General provisions.

(1) The Town of LaGrange declares that the protection of its stream corridors, groundwater resources, historic resources, scenic areas, important farmlands, hilltops, and ridgelines is an important public purpose and that, to the extent practicable, future development of the Town should minimize intrusive alteration of or construction in these areas.

(2) In furtherance of this objective, the Town hereby creates the overlay zones herein which regulate the use of these areas of public importance. The restrictions applicable in these zones are supplementary to, and do not replace, the underlying use and bulk regulations in each zoning district. If there is any conflict between the requirements of the overlay zone and the zoning district, the more restrictive requirement shall apply.

(3) In considering any special permit, site plan or subdivision plan, the Planning Board shall, to the maximum extent practicable, maintain the areas delineated in all overlay zones except the Groundwater Protection Overlay Zone as perpetual open space, directing allowable development into those areas not mapped as overlay zones. In the case of the Ridgeline Protection Overlay Zone, applicants are encouraged to site projects off of the viewable areas on ridgetops and hilltops, out of sight lines from the valleys, and below the tree canopy.

[Amended 5-23-2018 by L.L. No. 6-2018]

(4) The Town Board may adopt and revise from time to time, as a supplement to the Zoning Map, an overlay zone map or maps delineating the zones established herein. One or more of the overlay zones herein may also be placed on the Zoning Map itself. The provisions of this section shall take effect only if, as and when each overlay zone created herein has been referred to a specific map.

(5) In the event of uncertainty as to the exact boundaries of any overlay zone, the Zoning Board of Appeals shall interpret this chapter by designating the exact boundary pursuant to the criteria established below for creating each overlay zone.

B. Stream Corridor Overlay Zone.

(1) Purpose. The protection of stream corridors is essential to the maintenance of water quality. It is, therefore, necessary to create a buffer zone to protect these stream corridors from development encroachment, erosion, and water pollution from surface or subsurface runoff.

(2) Boundaries. The Stream Corridor Overlay Zone shall consist of all lands lying within 200 feet on either side of the center line of Wappinger Creek, Jackson Creek, Sprout Creek, and such other stream and tributaries as may be designated by the Town Board. Where these creeks are split into two or more channels by islands, the district shall include such islands, and zone boundaries shall be measured from the center lines of the outer channels.

(3) Restrictions. The Stream Corridor Overlay Zone strictly limits activities within the delineated corridors. Within this zone, no construction, filling, excavation, clearing of mature trees, grading or other alteration of the natural landscape shall be permitted except by special permit. No application of fertilizers, pesticides, or herbicides or dumping or disposal of any materials shall be permitted except by special permit.

(4) The Planning Board may issue a special permit to allow one or more activities restricted in Subsection B(3) above if the Board finds that:

(a) The restrictions in Subsection B(3) are unreasonable as applied to a particular parcel; and

(b) The restrictions in Subsection B(3) are an unreasonable economic burden upon the owner; and

(c) The granting of such special permit, with appropriate conditions attached, will not result in erosion or stream pollution from surface or subsurface runoff.

(5) When considering the standards for the issuance of a special permit, as required by Subsection B(4)(a) through (c) above, the Planning Board shall consider the following facts:

(a) The use of the parcel;

(b) The natural topography of the parcel; and/or

(c) That the restricted activity may be necessary to protect health and safety (for example, a rotting tree that is in danger of falling).

C. Farmland Preservation Overlay Zone.

(1) Purpose. It is in the interest of the Town to protect the best agricultural lands from development in order to maintain their availability for productive use. The Town therefore seeks to channel development away from such farmland and to permit sufficient flexibility in its zoning to maintain agriculture as a viable industry in the Town.

(2) Boundaries. The Farmland Preservation Overlay Zone shall consist of those farmlands designated as Class I or Class II by the Soil Conservation Service of the United States Department of Agriculture which have been determined by the Town Board to be of special significance to the Town and have been specifically identified on a map adopted by the Town Board.

(3) Procedure.

(a) Any site plan or subdivision plan that includes the subdivision or development of mapped farmlands shall, to the maximum extent practicable, designate such farmlands as perpetual open space.

(b) The Planning Board shall require an applicant for subdivision to cluster lots, insofar as practical, on those portions of a tract of land lying outside this overlay zone. An applicant who is able to place 80% or more of such farmland lying on his tract in perpetual open space, dedicated to agricultural use, shall be entitled to a density bonus of 40% above the number of residential units that would be permitted using a standard plan as defined in § 240-32A(34)(a). In order to achieve this density bonus, an applicant may be permitted to construct multifamily housing, provided that he complies with all provisions of § 240-51 and that adequate buffer between residential and agricultural uses is provided to minimize conflicts between agricultural and residential uses.

(c) In considering any site plan application, the Planning Board shall require that structures and impermeable surfaces be located, insofar as practical, on those portions of a tract of land lying outside this overlay zone.

[Amended 5-23-2018 by L.L. No. 6-2018]

(4) Special use permit for auxiliary uses. Notwithstanding any other provision of this chapter, the owner of a bona fide commercial farming operation may request a special use permit to allow uses not permitted in the underlying Zoning use district if such uses would contribute to the economic viability of the farming operation without detracting from the rural character of the surrounding area. Such uses would include, without limitation, construction, reconstruction and reuse of farm buildings for agriculturally related light industry, farm labor housing and roadside stands for sale of products that include locally grown or processed products.

D. Historic Overlay Zone.

(1) Purpose. The Town wishes to preserve its historic sites, lands, places, areas, structures, buildings, features and landmarks by channeling intensive new development away from those historic areas and onto lands that do not have historic significance. Where development occurs in these sensitive areas, the Town wishes to assure that such development is consistent with maintaining the existing character of such areas.

(2) Boundaries. In furtherance of this purpose, the Town has conducted a historic resource survey that specifically identifies historic resources worthy of preservation. At such time as the Town Board approves a map identifying historic resources based on this survey, those locations identified on that map shall be protected by the provisions of this section. The specific area to be protected shall include all lands within 500 feet of any identified historic resource which are visible from that resource. Visibility shall be determined when there are no leaves on the trees.

(3) No structure or building shall be constructed, altered, repaired, moved or demolished in a Historic Overlay Zone unless a certificate of approval is issued pursuant to the requirements of this section.

(4) Duties and powers of the Planning Board.

(a) In addition to any and all other powers possessed by the Planning Board, the Planning Board shall have the following powers and duties:

[1] To recommend to the Town Board the addition of any historic resource to the map described in Subsection D(2), above.

[2] To review and determine applications for a certificate of approval.

[3] To require all structures and buildings proposed to be built on property that includes land within a Historic Overlay Zone to be sited and clustered in such a way as to avoid occupying lands in the Historic Overlay Zone.

[4] To require, as a condition of approval, the execution of a perpetual historic conservation easement to assure the maintenance of the historic character of the site.

(b) The certificate of approval required by this section shall be in addition to, and not in lieu of, any building or other permit or approval that may be required by any ordinance, local law, code, rule or regulation of the Town of LaGrange.

(c) In reviewing the plans, the Planning Board shall give consideration to the following criteria:

[1] The compatibility of the proposed construction, repair, alteration, movement or demolition with the historical significance of the neighboring properties and the Historic Overlay Zone as a whole. In applying the principle of compatibility, the Planning Board shall consider the following factors:

[a] The general design, character and appropriateness of the proposed construction, repair, alteration, movement or demolition.

[b] The scale of the proposed construction, repair, alteration, movement or demolition in relation to the property itself and neighboring properties.

[c] The texture, materials and color of the proposed construction, repair, or alteration and its relation to similar features of other properties in the neighborhood.

[2] The visual compatibility of the proposed construction, repair, alteration, movement or demolition with the Historic Overlay Zone's existing buildings, structures, special character and general appearance in regard to style, material, scale, location, proposition, composition, mass, line, detail, setback, landscaping and related items.

[3] Any other factors relating to historical or aesthetic considerations which are deemed pertinent to the benefit of the Historic Overlay Zone.

(5) Procedure.

(a) Application for a certificate of approval shall be made to the Planning Board in such form and providing such information as may be required by the Planning Board.

(b) An application for a certificate of approval which is not part of a site plan shall be made to the Planning Board, which shall approve, approve with modifications or deny the application within 62 days of the receipt of the completed application.

(c) If an application for a certificate of approval is part of a site plan, the application shall be made to the Planning Board simultaneously with the site plan application. The application shall be reviewed by the Planning Board simultaneously with the Board's review of the site plan. When the application for a certificate of approval is part of a site plan, the Planning Board shall approve, approve with modifications or deny the application at the same time it is required to render a decision on the site plan application pursuant to New York State Town Law and the Town Code of the Town of LaGrange.

(d) No building permit shall be issued for such proposed work covered by this section until a certificate of approval to perform the proposed construction, alteration, movement or demolition has been issued by the Planning Board.

(e) Any person aggrieved by a decision of the Planning Board under this section shall have the right to appeal the decision of the Planning Board within 30 days after the decision of the Planning Board is filed in the office of the Town Clerk.

(6) Nothing in this section shall be construed to prevent the ordinary maintenance and repair of any exterior architectural feature of property within a Historic Overlay Zone which does not involve a change in design, material or outward appearance.

(7) Application fees. A nonrefundable filing and administration fee shall accompany all applications for a certificate of approval as specified in the fee schedule adopted by the Town Board of the Town of LaGrange, which is on file with the Town Clerk's office.

(8) Applicants for a certificate of approval are responsible for the actual cost of all engineering, legal and consulting fees incurred by the Town for the review of the application, as provided in § 240-88 of the Town Code.

(9) Penalties for offenses. Violations of this section are subject to the enforcement penalties provided by § 240-86 of the Town Code.

E. Scenic Overlay Zone.

(1) Purpose. The Town wishes to preserve the views from its roadways and public recreation areas by channeling intensive new development away from those areas and onto lands that do not have scenic significance. Where development occurs in these sensitive areas, the Town wishes to assure that such development is consistent with maintaining the existing character of such scenic areas.

(2) Boundaries. At such time as the Town Board approves a map identifying scenic resources, those locations identified on that map shall be protected by the provisions of this section. The specific area to be protected shall include all lands visible within 1,200 feet of public viewing areas specifically identified on the map. Visibility shall be determined when there are no leaves on the trees.

(3) Procedure.

(a) No new structures, including single-family homes, or major exterior modifications of existing structures may be constructed within a Scenic Overlay Zone without first obtaining site plan approval from the Planning Board.

(b) To the extent practicable, all structures to be built on a tract of land that includes land within a Scenic Overlay Zone shall be sited and clustered on their tracts in such a way as to avoid occupying or obstructing views of lands in the overlay zone. Any structures to be built within the Scenic Overlay Zone shall be reviewed for architectural compatibility with the existing landscape and surrounding architectural styles, and the Planning Board must find that such structures will not detract from the scenic character of the area. The Planning Board may require, as a condition of approval, the execution of a perpetual scenic conservation easement to assure the protection of the viewshed.

F. Ridgeline Protection Overlay Zone.

(1) Purpose. It is the purpose of this overlay zone to protect the aesthetic, scenic, and ecological character and nature of the higher-elevation areas. Ridgelines and hilltops are exceptional aesthetic and ecological resources, and ensuring that tree lines are uninterrupted and ridgetops are free from visually instrusive man-made structures will prevent the degradation of the rural character and scenic beauty of the Town. This overlay zone provides standards for regulating the numbers, height, design, placement, and impacts of any structures on hilltops and ridgelines in order to minimize structural intrusions upon the visual landscape, to preserve ecological integrity, and to maintain the rural, rustic character of the Town.

(2) Boundaries. The Ridgeline Protection Overlay Zone shall consist of all lands labeled as "Ridgeline Protection Zones" on the Ridgeline Protection Overlay Zone Map, which is included as part of this section.[1] The method used to determine the boundaries of the Ridgeline Protection Overlay Zone, as shown on the map, is as follows: Any hill with a USGS elevation of 500 feet or higher at the highest point is classified as within a Ridgeline Protection Overlay Zone, the boundary of which zone is 200 feet in elevation below the highest point of the hill.

[1] Editor's Note: The Ridgeline Protection Overlay Zone Map is included in the online version of the Code (eCode 360®). Hard copies of said map may be obtained from the Town Clerk's office.

(3) General provisions.

(a) With the exception of construction of a single-family home and structures accessory thereto on a lot separately and lawfully existing as of the effective date of Town of LaGrange Local Law No. 1 of 1998, any proposed new construction or development within a Ridgeline Protection Overlay Zone, including but not limited to projects involving subdivision of land for purposes of residential development, shall require a special permit from the Planning Board, and such new construction or development shall constitute a Type I action pursuant to the State Environmental Quality Review Act.[2] The application process for development within this area is outlined in § 240-31F(5), Application procedures for ridgeline development special permits, which supplements the procedures and requirements of § 240-71, Standards for special permits, and § 240-72, Site development plans.

[Amended 5-23-2018 by L.L. No. 6-2018]

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

(b) Should an applicant request a variance from the regulations in this section, the regulations in §§ 240-72E and/or 240-71, or the relevant bulk and area restrictions of this chapter, the proposed action will be considered a Type I action.

(4) Standards. In preparing its decision concerning any special permit application, the Planning Board shall consider the standards detailed in Article VII, §§ 240-72E and 240-71H, as well as the following:

(a) Lot siting. All structures, access roads, buffers, setbacks, fences, and all other facility appurtenances shall be located on one lot and shall not straddle a boundary line.

(b) Height. The total height of proposed buildings, structures and/or accessory elements of buildings and structures shall not extend more than 35 feet above ground level. The total height of any building, structure or accessory element shall be measured as defined generally within § 240-26O and P of this chapter.

(c) Lighting. The location, height, design, arrangement and intensity of outside lighting shall minimize glare and shall be directed and shaded such that light shall not be directed off the site. Residential and nonresidential structures may be lit to the minimum extent required to provide safe ingress and egress to the structure, and the applicant shall demonstrate compliance with the governing regulations.

(d) Clearing. The maximum area permitted to be cleared shall be no more than 50 feet in extent from the outer edge of the primary structure's footprint. During construction and installation of facilities and structures, only the minimum amount of existing vegetation shall be cleared.

(e) Buffer strip. A buffer strip is required to minimize, to the maximum extent possible, any visual impacts of the proposed freestanding facilities.

[1] The buffer shall be a minimum of 25 feet wide and shall begin at the outer edge of the cleared area. The buffer strip shall contain, or be planted with, vegetation of sufficient height and density as determined by the Planning Board.

[2] The buffer strip shall be free of any man-made structures, including but not limited to fences, facilities, and roads.

(f) Setbacks. The proposed yard setbacks from the property line must be no less than 1.5 times the height of the proposed structure or the setback requirements in the existing zoning regulations, whichever are greater.

(g) In cases where a special permit is sought in furtherance of a clustered open space subdivision of land for residential purposes, under § 240-32 of this chapter, the Planning Board shall have the authority to modify the standards set forth above in Subsection F(4)(d), (e) and (f) of this section. The Planning Board shall consider the following criteria in determining whether to, and the extent to which it will, modify those standards:

[1] The extent to which the proposed clustered improvements are to be located outside the Ridgeline Protection Overlay Zone.

[2] The extent to which the proposed area of open space exceeds the minimum open space requirements of § 240-32A(7)(e)[5].

[3] The extent to which proposed areas of open space are situated within the Ridgeline Protection Overlay Zone.

[4] The extent to which improvements clustered on Ridgeline Protection Overlay Zone portions of the project, or related physical disturbances of the land, are visible from, or shielded from, external viewing points and/or the extent to which existing tree lines remain uninterrupted on portions of the project within the Ridgeline Protection Overlay Zone.

(h) For noncluster conventional single-family residential development within a Ridgeline Protection Overlay Zone, the Planning Board shall have the discretion to modify the maximum clearing distance set forth in Subsection F(4)(d) of this section to the minimum extent necessary to accommodate an individual in-ground septic system.

(5) Application procedures for ridgeline development special permits. When applying for a special permit for ridgeline development, the applicant shall follow all procedures and shall submit all forms, plans, documentation, and fees required by Article VII, § 240-71D, Application and referral; § 240-71G, Required plan; and § 240-72C, Application procedures. In addition, applicants shall meet with a representative of the Zoning Department prior to submitting a formal application for a proposed development within the Ridgeline Protection Overlay Zone. The purpose of the preapplication meeting is for the applicant to disclose to the representative of the Zoning Department the specific location and nature of the proposed development.

[Amended 7-22-2009 by L.L. No. 2-2009]

(6) Submittal requirements. An application for development in an area designated as a Ridgeline Protection Overlay Zone shall be complete and in a form acceptable to the Planning Board and shall contain the following:

(a) A SEQRA full environmental assessment form (Parts I, II, III).

(b) For residential subdivisions, a full buildout plan of the site, including building envelopes, lot lines, clearing limits, and accessory structures.

(c) A visual analysis, the methodology of which is to be approved by the Planning Board prior to the commencement of this analysis.

(d) Identification of and remediation plans for proposed landscaping and buffer screening areas.

(e) Additional information as requested by the Planning Board and/or the Town Zoning Administrator.

(7) Duration of special use permits. For residential structures, the special permit will not require renewal. For nonresidential structures, the special permit will expire after two years from date of issue. If construction does not begin with within one year of the date of issue of the special permit, the permit shall expire.

(8) Alterations. All modifications to a structure shall require that the applicant submit a new special use permit application to the Planning Board. The following exceptions do not require a new special use permit but shall require a building permit:

(a) Increasing the originally approved size of any structure's building footprint a maximum of 250 square feet; and

(b) Increasing the originally approved height of the structure by a maximum of 10 feet.

(9) Renewal of special use permits.

(a) Renewal must not be unreasonably withheld if the applicant is in conformance with the original approval and all conditions attached thereto.

(b) No less than 60 days prior to the expiration of a special use permit, the holder of the special use permit must submit to the Zoning Administrator a renewal application for a special use permit. If the holder fails to submit the application within the sixty-day period, and has not arranged with the Zoning Administrator for an extension of the sixty-day period the special use permit will expire. The renewal application shall contain the following:

[1] A current, updated buildout plan.

[2] A special use permit renewal application.

[3] Clear and convincing proof of the continued necessity for the structure.

[4] Other materials or information deemed necessary by the Zoning Administrator.

(c) Within 45 days of the submission of a completed application and a determination by the Zoning Administrator that the application is technically sufficient, the Zoning Administrator shall act to renew or revoke the special use permit. A copy of the Administrator's decision shall be filed in the offices of the Town Clerk, Zoning Administrator and mailed to the applicant.

(10) Structure removal. If a special permit has been revoked per § 240-71L of this chapter or has expired, all nonresidential structures and improvements shall be removed.

G. Groundwater Protection Overlay Zone.

(1) Purpose. The Groundwater Protection Overlay Zone is intended to protect the public health, safety, and general welfare by preserving and maintaining the quality and quantity of the Town's major groundwater resources in order to ensure an adequate and safe potable water supply for present and future residents, employees, and the general public. One of the primary groundwater quality threats in residential areas comes from wastewater releases from septic systems, which can degrade groundwater and well water quality if placed at densities that do not allow sufficient ground area for wastewater dilution. The designation of a Groundwater Protection Overlay Zone and the establishment of density standards based on the underlying aquifer characteristics will further the preservation of groundwater resources quality for public or private water supply.

(2) Boundaries.

(a) The Groundwater Protection Overlay Zone consists of all designated areas as shown on the Groundwater Protection Overlay Zone Map, which is included by reference as part of this section and which is on file at the Town Hall.[3] There are distinct, delineated areas included within the District which are defined based on the characteristics of the surficial geology underlying the Town according to data presented in the 1989 Surficial Geology Map Sheet prepared by the New York State Geological Survey and New York State Museum, the existence of public water and sewer in the area, and the underlying zoning of the area. As public water and sewer districts are enlarged or established within the Town, the boundaries of said map may be changed.

[3] Editor's Note: The Groundwater Protection Overlay Zone Map is included in the online version of the Code (eCode 360®). Hard copies of said map may be obtained from the Town Clerk's office.

(b) In the event that the boundaries of this Groundwater Protection Overlay Zone are in doubt or in dispute, the burden of proof shall be upon the owner(s) of the land in question to show where the boundaries should properly be located. The Town may engage a qualified hydrogeologist, soil scientist, or registered professional engineer to review analysis performed by an owner's agent to determine the location of the Groundwater Protection Overlay Zone boundary, and the Town shall charge the owner(s) for the cost of such review. The Zoning Board shall determine any and all disputes regarding the location of the Groundwater Protection Overlay Zone boundaries.

(3) Applicability. The provisions of § 240-31G shall apply to all new development and uses within the Groundwater Protection Overlay Zone as identified on the Groundwater Protection Overlay Zone Map;[4] however, only the general provisions in Subsection G(4) below shall apply to new development and uses in those areas that are served by both public water and sewer. The term "served by both public water and sewer" shall mean the owner has received all required regulatory approvals to establish public water and sewer districts, and/or has agreed to connect to the existing public water and sewer districts, and the Town or respective water and/or sewer district has agreed to provide sufficient system capacity in order to serve the proposed development. Lawful development and uses located within the Groundwater Protection Overlay Zone existing as of the effective date of the local law adding this Subsection G to this chapter are not subject to this subsection and shall be considered lawfully nonconforming. Alteration of lawfully nonconforming uses and buildings shall be subject to the requirements of § 240-29, Nonconformity.

[4] Editor's Note: The Groundwater Protection Overlay Zone Map is included in the online version of the Code (eCode 360®). Hard copies of said map may be obtained from the Town Clerk's office.

(4) General provisions. The following conditions shall apply to all land in the Groundwater Protection Overlay Zone:

(a) The installation of any underground fuel tank or tanks whose combined capacity is less than 1,100 gallons is prohibited. (The installation of underground fuel tanks with a combined capacity of 1,100 gallons or more requires a permit from the New York State Department of Environmental Conservation.)

(b) Farm animal wastes shall not be concentrated and stored in one area except where provisions have been made to prevent seepage of said animal wastes into groundwater. Suitable storage facilities, such as those having a concrete liner or other impervious lining material, are required when it is not possible to spread or dispense of wastes on a daily basis. Animal waste storage facilities shall be located as far from water wells as is practical.

(c) All bulk storage of artificial fertilizers for agricultural or commercial use must be within a completely enclosed building or structure that will prevent any seepage and runoff. Fertilizer storage facilities shall be located as far from water wells as is practical.

(d) New septic systems within the Groundwater Protection Overlay Zone shall be located a minimum of 400 feet from any public water system wellhead.

(5) Residential density regulations. The following standards apply to all land in the Groundwater Protection Overlay Zone where use of wells and/or septic systems is proposed:

(a) In areas mapped on the Groundwater Protection Overlay Zone Map[5] as sand and gravels (outwash or kame) with higher rates of aquifer recharge (18 inches of aquifer recharge annually), the maximum residential density shall be one unit per 40,000 square feet.

[5] Editor's Note: The Groundwater Protection Overlay Zone Map is included in the online version of the Code (eCode 360®). Hard copies of said map may be obtained from the Town Clerk's office.

(b) In all other aquifer areas on the Groundwater Protection Overlay Zone Map, the maximum residential density shall be one unit per 120,000 square feet.

(c) With the exception of the maximum density established in Subsection G(5)(a) and (b), and the general provisions in Subsection G(4) above, which are intended to provide for groundwater protection, all other standards of the underlying zoning district of a site shall remain unchanged and shall correspond with the standards listed within the Schedule of Bulk Regulations and Coverage Limitations.

(6) The Planning Board may issue a special permit to allow one or more activities restricted in Subsection G(4) above if the Board finds that:

(a) The restrictions in Subsection G(4) are unreasonable as applied to a particular parcel; and

(b) The restrictions in Subsection G(4) are an unreasonable economic burden upon the owner; and

(c) The granting of such special permit, with appropriate conditions attached, will not result in pollution of groundwater.

(7) When considering the standards for the issuance of a special permit, as required by Subsection G(4)(a) through (c) above, the Planning Board shall consider the following facts:

(a) The use of the parcel;

(b) The natural topography of the parcel; and/or

(c) That the restricted activity may be necessary to protect health and safety (for example, a rotting tree that is in danger of falling).

H. Open Space Recapture Overlay Zone for Sleight Farm Phases 5 and 6.

[Added 3-28-2018 by L.L. No. 3-2018]

(1) As expressed in the Town of LaGrange Comprehensive Plan, it is the policy of the Town to preserve open space and to harmonize new development where feasible with traditional open, rural, wooded, agricultural or hamlet landscapes (e.g., see § 240-32, Open space cluster subdivisions, of this Chapter 240). From time to time, the Town can be expected to experience real estate recession characterized by the reduction of home prices and a marketplace for new residential construction which calls for more modestly priced and modestly sized product. This trend can motivate developers of residential homes to pursue modification of prior land use approvals, including subdivision approvals, in a way which yields smaller and less expensive homes on smaller lots. Incentives for the Town to modify earlier approvals may take the form of offers by developers to increase open space by eliminating prior approved development from areas suitable for open space preservation and consolidating development in other areas of the same project or phase(s) of a project. Not all zoning districts are eligible for open space cluster subdivision treatment, including the Residential Frank and Sleight District (RFS District) which comprises an integrated pair of phased cluster subdivisions (known as the Sleight Farm Subdivision and the Frank Farm Subdivision) which, for the most part, but not exclusively, share road and stormwater management infrastructure. Phases 5 and 6 of the Sleight Farm Subdivision are uniquely situated. They do not share the road and stormwater management infrastructure of the balance of the Sleight Farm Subdivision and the Frank Farm Subdivision. Phases 5 and 6 of Sleight Farm are located at the periphery. Access is from public highway Sleight-Plass Road. Phases 5 and 6 of Sleight Farm adjoin areas suitable for, and already preserved for, open space of significant character and quality. Uniquely, Phases 5 and 6 of Sleight Farm include areas which are suitable for recapture of open space from development by way of modification of prior land use approvals. These purposes are promoted by requiring a specific plan of development from the relevant property owner and by modifying the lot width regulations found generally at Table B1 of this chapter for the RFS District.[6]

[6] Editor's Note: See Schedule B1, which is included as an attachment to this chapter.

(2) The Open Space Recapture Overlay Zone for Sleight Farm Phases 5 and 6 shall constitute the lands so designated as the portion as Phase 6 located to the west of Sleight Plass Road on the phasing plan of development approved by the Planning Board by resolution dated June 21, 2004, and presently on file with the Town Clerk.

(3) The suitable open space offered by Sleight Farm Phases 5 and 6 shall constitute the 10.72 acres to the west of Sleight Plass Road which was approved by the Planning Board as most of Phase 6. The landowner has filed in escrow with the Town a suitable conservation easement, all necessary partial mortgage releases or subordinations, and a policy of title insurance covering the conservation easement. The condition of release from escrow shall be Planning Board approval, and expiration of the time to challenge the Planning Board approval, of a modification of Phases 5 and 6 of Sleight Farm as depicted on a modified subdivision plan prepared by Morris Associates, bearing last revision date of October 2, 2017. The landowner has established an escrow account of suitable size to cover all of the Town's costs and expenses, including the cost of work by its consultants. In the event of legal challenge to the Planning Board's modified approval, if any, the aforesaid instruments shall be released from escrow upon any judicial ruling sustaining the modified approval and the exhaustion of any rights to appeal. There shall be no deferral of payment of the Town's costs from the escrow fund which the landowner shall replenish as necessary.

(4) For purposes of the aforesaid modified approval of Phases 5 and 6 of Sleight Farm, the lot width along the building line shall be 75 feet.

§ 240-32 Open space cluster subdivisions.

[Amended 8-27-2008 by L.L. No. 6-2008; 4-11-2012 by L.L. No. 5-2012; 9-10-2014 by L.L. No. 4-2014; 12-14-2016 by L.L. No. 7-2016]

A. Policy and authority.

(1) It is the policy of the Town of LaGrange, as expressed in the Town of LaGrange Comprehensive Plan, to provide for a variety of housing options, preserve open space and harmonize new development with surrounding neighborhoods and the traditional open rural, wooded, and agricultural and hamlet landscapes of the Town of LaGrange. To achieve these goals, the Town Board authorizes the Planning Board to approve an open space cluster subdivision in the RFD, RMD and RLD Districts subject to the provisions set forth in this section and in Chapter 203 of the Code of the Town of LaGrange.

(2) Authority for the Town of LaGrange Planning Board to approve open space cluster subdivisions is provided by § 278 of the Town Law of New York State, or any successor to § 278, as modified by local law to provide for potential density bonus. An open space cluster subdivision, or "clustered development" as it is also known, is a subdivision plat in which residences are clustered on those portions of a property most suitable for development, leaving substantial portions as protected open space and a buffer between the new development and neighboring development and roadways. Cluster subdivisions may include a variety of lot sizes consistent with the requirements of this section. Cluster subdivisions foster compact development, more walkable neighborhoods, and flexibility in layout.

B. Purpose.

(1) The purpose of an open space cluster subdivision is to maintain the rural appearance and environmental resources of the Town of LaGrange by preserving large tracts of contiguous open space land. One method of achieving this goal is through the use of open space cluster subdivisions. The Town wishes to encourage and, in certain cases, mandate such subdivisions as an alternative to conventional subdivisions.

(2) This section encourages flexibility in the design and the development of land in order to promote the most appropriate use of land and to facilitate the adequate and economic provision of streets and utilities. This section protects agricultural land, important natural beauty, cultural and historic features, ridgelines, wildlife habitat, water resources, ecological systems, scenic areas, forest lands, view sheds and other sensitive areas as permanent open space through the use of conservation easements. The "open space" principle can be applied not only to large developments but also to smaller subdivisions for the benefit of present and future residents. Open space cluster subdivisions should achieve the following purposes:

(a) Provision of a broader range of housing options and potentially lower housing prices by reducing the length of roadways and other critical infrastructure costs;

(b) Greater flexibility and creativity in the design of residential subdivisions, provided that the overall density of the development is no greater than what is normally allowed in the district unless a density bonus is approved by the Planning Board pursuant to Subsection F(1)(d), below.

(c) The preservation of more land as unsubdivided and undeveloped open space to preserve or enhance the appearance, scenic resources, historic character or natural beauty of an area than would be provided by a conventional subdivision plan.

(d) The protection of streams, rivers, floodplains and ponds so as to avoid flooding, erosion and water pollution.

(3) An open space cluster subdivision should accomplish the above purposes by reducing the lot size and bulk requirements contained in the Zoning Law, while clustering homes in those areas where they will have the least impact on natural or cultural resources. The lands are then permanently preserved through allowing the subdivided lots to be smaller than the zoning would normally require, provided that otherwise buildable land is protected as open space through a conservation easement to maintain the overall density at or below the level permitted by the Zoning Law unless a density bonus is approved by the Planning Board pursuant to Subsection F(1)(d), below.

C. Applicability. Open space cluster subdivisions may be developed on properties containing 15 acres or more in the RFD, RMD or RLD Districts and may include one-family homes, two-family homes, multifamily homes, duplexes or townhouses, whether attached, semidetached or detached, provided that permanent open space is placed under conservation easement while maintaining the overall density at or below the level permitted by the Zoning Law unless a density bonus is approved by the Planning Board pursuant to Subsection F(1)(d), below.

D. Cluster subdivision submission and implementation.

(1) Submission of cluster plan.

(a) All developments capable of yielding over 15 lots in the RFD District under the standard plan that are served by public water and public sewer (and thus yield a minimum lot size of 40,000 square feet), or which are situated within a public water or public sewer district possessing improvements capable of supplying service to the subject site, shall be required to provide a preliminary cluster plan, in accordance with this section.

(b) For areas of the Town that do not meet the requirements in Subsection D(1)(a) above (in the RFD District and capable of public water and sewer service), if the Planning Board finds that lands that are mapped as Preservation Overlay Zones or lands that constitute significant environmental, visual or historic resources (including, but not limited to, wetlands, steep slopes, stream corridors, prime farmlands, ridgelines, erosive soils, soils with groundwater resources, or scenic landscapes) would be adversely affected by a conventional subdivision layout, the Planning Board may require an applicant for subdivision approval to provide a preliminary cluster plan, in accordance with this section, in order to protect these resource lands from adverse effects.

(2) Implementation of cluster plan.

(a) The Planning Board may require implementation of a cluster plan layout for lands in the RFD Zoning District which are served by or capable of being served by public water and public sewer.

(b) The Planning Board may require implementation of the cluster plan layout for lands that are mapped as within one of the Preservation Overlay Zones or lands that constitute significant environmental, visual or historic resources (including, but not limited to, wetlands, steep slopes, stream corridors, prime farmlands, ridgelines, erosive soils, groundwater resources or scenic landscapes) and which would be adversely affected by a conventional subdivision layout, in order to protect these resource lands from adverse effects.

E. Procedure.

(1) Application requirements.

(a) An application for open space cluster subdivision shall be subject to all of the application requirements of Chapter 203, including the requirements for pre-application discussion and sketch plan review in §§ 203-7 and 203-8.

(b) Additional application requirements for cluster subdivisions:

[1] In addition to the application requirements of the Town of LaGrange subdivision regulations,[1] an applicant for a cluster subdivision shall submit a written statement describing the open space purpose(s) to be accomplished and the conservation values of the open space land to be protected.

[1] Editor's Note: See Ch. 203, Subdivision of Land.

[2] The Planning Board shall have architectural review to assure the subdivision is compatible with the community's scenic and historic character and is unobtrusive to the surrounding area.

[3] A full landscaping plan shall be submitted to assure that the subdivision is aesthetically pleasing and provides privacy on the lots created.

(2) Site plan approval. Site plan approval shall apply to open space cluster subdivisions. Application for site plan approval and subdivision approval may be submitted simultaneously to the Planning Board.

[Amended 5-23-2018 by L.L. No. 6-2018]

(3) Public hearing. All applications for open space cluster subdivisions shall be subject to a public hearing before the Planning Board in accordance with the public hearing requirements for subdivision applications.

(4) Technical and SEQRA review. An open space cluster subdivision shall undergo routine technical and SEQRA analysis.

F. Development standards and controls.

(1) Calculation of conventional zoning density. Maximum residential density permitted in a cluster subdivision shall be calculated in the following manner:

(a) The Planning Board shall determine the number of one-family dwelling units that would be permitted if the land were subdivided into lots conforming to the minimum lot size and density requirements of this chapter applicable to the district or districts in which such land is situated and conforming to all other requirements of this chapter, Chapter 203 of the Code of the Town of LaGrange, the County Department of Health, and all state and federal agencies with jurisdiction over such a subdivision. For this purpose, the applicant shall submit a sketch plan showing a conventional lot layout, considering one-family dwellings only. The Planning Board may require any additional information it deems necessary to make its determination. The Planning Board shall evaluate the plan to determine its probable compliance with applicable regulations, taking into account soils, steep slopes (over 25%), wetlands and buffer areas, water bodies and buffer areas, watercourses and buffer areas, one-hundred-year floodplains, the Ridgeline Protection Overlay Zone, and other environmental constraints, as well as the physical and economic feasibility of constructing roads that satisfy maximum grade requirements, and the physical and economic feasibility of constructing public water supply and public sewers to be dedicated to the Town. The Planning Board may disallow any roads or lots which, in its judgment, would not be buildable under applicable regulations. After reviewing the sketch plan, the Planning Board shall adopt a resolution establishing the permissible maximum density for the parcel under a conforming conventional subdivision plan. Unless a density bonus is approved pursuant to Subsection F(1)(d) below, this shall be the maximum density allowed for the open space cluster subdivision.

(b) Parcels in more than one district. For parcels that are located within more than one residential district, calculations of maximum density in Subsection F(1)(a) shall be made separately for the portion of the parcel in each district. This maximum density may then be combined and distributed anywhere within the parcel, provided that the plan protects open space with conservation value as described.

(c) Transfer of development rights. Noncontiguous parcels in the Town may contribute additional density of development to the project by transfer of development rights which have been approved and quantified by the Town Board, subject to such terms and conditions as the Town Board shall establish. The Town Board shall consider and shall determine (i) the suitability of the surrendering parcel(s) in terms of preserving natural, scenic, recreational, agricultural, forest or open land of special significance to the community, (ii) the adequacy of the receiving project site and public infrastructure to handle increased development made possible by the specific transfer of development rights, (iii) the appropriate quantification of development rights to be transferred in terms of single-family dwellings or multifamily units, and (iv) the appropriate means for preservation of open space by conservation easement at the parcel surrendering the development rights. In the event that the Town Board assigns a transfer of development rights for use at the project site, with the consent of the owners of the surrendering and the receiving parcels, the conventional zoning density established in Subsection F(1) shall be deemed to be increased accordingly.

(d) Density bonus. Using the criteria in Subsection F(2), the Planning Board may increase the number of dwelling units permitted over that determined in Subsection F(1)(a). If the Planning Board determines that it will allow a density bonus, it shall pass a resolution establishing the bonus amount and the maximum density allowed for the cluster subdivision including the density bonus. If approved by the Planning Board, this shall be the maximum density allowed for the open space cluster subdivision.

(2) Criteria for authorizing a density bonus. The Planning Board may, at its discretion, increase the permitted number of dwelling units based on one or a combination of any of the following four methods set forth in Subsection F(2)(a), (b), (c) or (d) below; however, the total increase in the number of dwelling units shall not exceed 25% over the conventional density determined in Subsection F(1)(a).

(a) Preservation of open space beyond the 50%. The Planning Board may approve an increase of up to 1% in the number of dwelling units over the maximum density determined in Subsection (F)(1)(a) for every 1% of additional open space preserved beyond 50%, up to a maximum of 25% additional open space. This additional open space land shall not include wetlands and buffer areas, steep slopes (over 25%), water bodies and buffer areas, watercourses and buffer areas, one-hundred-year floodplains, and Ridgeline Protection Overlay Zone.

(b) Public access to open space. If the applicant allows public access to protected open space and the Planning Board finds that such public access provides a significant passive recreational benefit to the Town (such as a trail connector or access to an important natural area, with parking where necessary) the permitted number of dwelling units may be increased by up to 25%, at the discretion of the Planning Board based upon the significance of the passive recreational benefit and the percentage of open space accessible to the public.

(c) Added water and sewer treatment capacity. If the applicant provides significant excess public water and sewer capacity capable of effective use by the Town to meet demands of unserved areas in need of such infrastructure, the applicant may be allowed additional dwelling units over the maximum density determined in Subsection F(1)(a), up to a 25% maximum of additional dwelling units. The adequacy, effectiveness and relative value of the excess public sewer and water capacity, in terms of supporting density bonus, shall be determined by the Public Works Department based on the following nonexclusive criteria: suitability and future reliability of the public water supply; suitability of the mode of wastewater treatment to accommodate unserved demand; the quantity of excess capacity; the proximity of the source of excess capacity to areas of need for service; the willingness and capacity of the unserved areas to cover the capital cost, and usage cost, of extending service to them; and the feasibility of incorporating the excess capacity into existing municipal water and sewer administration, or future municipal water and sewer administration, consistent with all relevant federal, state or local regulation, permits and approvals. The findings and conclusions of the Public Works Department shall be reduced to report and recommendation to the Planning Board. The Planning Board shall defer to the findings and conclusions of the Public Works Department.

(d) The Planning Board may allow up to 25% bonus for two-family, multifamily, or townhouses.

(e) The Planning Board shall record the amount of density bonus, if any, being authorized and the amount of the total bonus which is attributed to each of the above methods.

(3) Types of dwelling units. Irrespective of § 240-27 and Schedule A1[2] of the Code of the Town of LaGrange, cluster subdivision may contain one-family homes, two-family homes, duplexes, multifamily, or townhouses, whether attached, semidetached or detached, or a combination of these housing types.

[2] Editor's Note: Schedule A1 is included as an attachment to this chapter.

(4) Height, area and bulk regulations.

(a) In approving a cluster subdivision, the Planning Board shall have the authority to vary the bulk and area requirements found in § 240-28 and Schedules B1 and B4[3] to allow for cluster development. However, except as provided in Subsection F(4)(a)[1][a] below, the following restrictions shall apply and shall not be varied by the Planning Board. No variation of these requirements shall be allowed because to vary them would be tantamount to relegislating the purpose, intent and contents of these regulations:

[1] For detached units:

[a] The minimum lot size for detached units shall be 1/4 acre/dwelling in RFD (Residential Flexible Density), 1/2 acre/dwelling in RMD (Residential Moderate Density), and one acre/dwelling in RLD (Residential Low Density), except that the Planning Board may waive this requirement.

[b] Lots gaining access from an existing state, county or Town highway shall comply with the minimum road frontage requirements in Schedule B1,[4] and dwelling units shall be set back at least 150 feet from the nearest public road and any lot line of an existing residential home.

[4] Editor's Note: Schedule B1 is included as an attachment to this chapter.

[c] Other area and bulk requirements for detached dwelling units shall be set by the Planning Board at the time of subdivision approval.

[2] For semidetached or attached dwelling units:

[a] Lots gaining access from an existing state, county or Town highway shall comply with the minimum road frontage requirements in Schedule B1,[5] and dwelling units shall be set back at least 150 feet from the nearest public road and any lot line of an existing residential home.

[5] Editor's Note: Schedule B1 is included as an attachment to this chapter.

[b] Other area and bulk requirements for semidetached units shall be set by the Planning Board at the time of subdivision approval.

[c] Building units shall be set back at least 150 feet from all property lines, excluding property lines created by the proposed subdivision.

[d] No building shall contain more than five dwelling units.

[e] More than one building may be placed on a lot.

[f] Other area and bulk requirements for attached units shall be set by the Planning Board at the time of subdivision approval.

[3] For all buildings, whether or not they contain residential units:

[a] Building height shall not exceed 35 feet.

[b] A minimum separation of 10 feet shall be provided between all buildings, or the distance required by the New York Fire Code shall be provided, whichever is the more restrictive.

[c] Any community building, recreational or related amenity developed for the use of residents of the cluster development and associated parking lots must be set back at least 150 feet from all exterior lot lines of the property under review.

[d] An upland buffer of native vegetation of at least 100 feet in depth shall be provided adjacent to wetlands and surface waters, including creeks, streams, springs, lakes, and ponds. The buffer area shall not be fertilized. This shall be in addition to any requirements under Chapter 124 of the Code of the Town of LaGrange.

[3] Editor's Note: Schedules B1 and B4 are included as attachments to this chapter.

(5) Arrangements of lots. Lots in open space cluster subdivisions shall be arranged in a manner that protects land with conservation value and, at the discretion of the Planning Board, facilitates pedestrian and bicycle circulation. Such guidelines shall be adapted to respond to the conditions of each specific site.

(6) Design flexibility. Flexibility in physical design is warranted to maximize open space conservation and preserve ecological features, topography, scenic views, and community character. The Planning Board may, at its discretion, apply such special conditions or restrictions to its approval of an open space cluster subdivision as it deems necessary to maintain harmony with neighboring uses and to promote the objectives and purpose of the Town's Comprehensive Plan, this section and Chapter 203 of the Code of the Town of LaGrange. This could include, but not be limited to, specifying parking type (garage, driveway, or parking lots), reduction in road width for private roads, use of alternative drainage methods, and supplementary landscaping requirements.

(7) The following lands shall be included in the site's common area(s) subject to ownership and maintenance specified under § 240-32G and H:

(a) Land preserved as open space.

(b) Wetlands and buffer areas.

(c) Water bodies and buffer areas.

(d) Watercourses and buffer areas.

(e) One-hundred-year floodplains.

(f) Ridgeline Protection Overlay Zone.

(g) Stormwater management ponds and open ditches.

(h) A one-hundred-fifty-foot buffer area setback from all property lines, excluding property lines created by the proposed subdivision or existing Town, county or state right-of-way.

(8) Land to be preserved as open space.

(a) Minimum area of preserved open space land in cluster subdivisions. Not less than 50% of the site's unencumbered acreage shall be preserved as open space in perpetuity. This open space land shall not include portions of the site encumbered by wetlands, water bodies, watercourses, one-hundred-year floodplains, and stormwater management ponds. The Planning Board shall determine whether the open space offered meets the intent of this section.

(b) Conservation value of open space. The open space protected in connection with an open space cluster subdivision should not be just land "left over" because of its unsuitability for development. Open space land shall form cohesive blocks or corridors that have conservation value, including recreational, historic, ecological, agricultural, water resources, scenic or other natural resource value. Examples of lands with conservation value include actively farmed agricultural land, large areas of contiguous mature forest, stream corridors, and scenic areas, including important vistas or viewsheds seen from public places. Land in a critical environmental area (CEA), land designated as environmentally sensitive under Subsection B(1), above, and land identified by the Town as worthy of preservation as open space shall be deemed to be land of conservation value. Whenever the Planning Board approves a plan with protected open space, it shall make written findings identifying the specific conservation values protected and the reasons for protecting such land.

(c) Conservation easement. The open space and common area restrictions must continue in perpetuity and be subject to a recorded conservation easement subject to the provisions of this section.

[1] A perpetual conservation easement restricting development of the open space land and common area and allowing use only for agriculture, forestry, recreation, protection of natural resources, or similar conservation purposes consistent with Article 49, Title 3, of the Environmental Conservation Law, shall be granted to the Town, subject to the approval of the Town Board, or to a qualified not-for-profit conservation organization as defined in Article 49 of the Environmental Conservation Law and acceptable to the Town.

[2] The conservation easement shall be subject to the review and approval of the Town and shall be required as a condition of subdivision plat approval.

[3] The conservation easement shall provide that the open space restrictions must continue in perpetuity.

[4] The conservation easement shall provide that said easement is enforceable by the Town even if the Town is not the holder of the easement.

[5] The conservation easement shall provide that the Town shall be entitled to recover attorneys' fees and consultants' fees necessary to enforce the easement.

[6] The conservation easement shall contain the following clause:

The Grantors agree that any violation of the restrictive terms of the easement shall be deemed an irreparable injury and shall also be deemed to balance the equities in favor of injunctive relief.

[7] The conservation easement shall contain the following clause:

If the Town shall commence an action at law or in equity to enforce the terms of this Easement, the Town shall have the interim right to annually assess its enforcement expenses and costs, including, but not limited to, reasonable attorneys' fees, by charging such sums against the real property which is the subject of this Easement, by adding that charge to, and making it a part of, the next annual real property tax assessment roll of the Town. Prior to charging such assessments, the owners of the real property shall be provided written notice, to their last known address of record, by certified mail, return receipt requested, of an opportunity to be heard before the Town Board and object to the proposed real property assessment, at a date to be designated in the notice, which shall be no less than 30 days after its mailing.

[8] The conservation easement shall leave the land forever wild or limit use of such land to agricultural, managed forest land, passive recreational or open space use and prohibit residential, industrial or commercial use of such open space land.

[9] The conservation easement shall not be amendable to permit commercial, industrial or residential use or development (except in connection with agriculture, forestry, and recreation) and shall not be amendable to permit such use or development.

[10] Local utility distribution lines, water lines, and sewer lines shall be permitted underground on preserved open space land, provided that the Planning Board determines that they do not impair the conservation value of the land and the land is restored to its natural state by the developer after installation.

[11] The conservation easement shall specify the range of permissible activities.

[12] The conservation easement shall specify prohibited activities.

[13] The conservation easement shall prohibit future subdivision.

[14] The conservation easement shall require that the grantor incorporate the terms of the easement in any deed or other legal instrument by which the grantor divests itself of the open space land covered by the easement, including, without limitation, a leasehold interest.

[15] The conservation easement shall provide for ongoing maintenance pursuant to § 240-32G and H, below.

[16] The conservation easement shall contain appropriate provisions for proper retransfer in the event that the conservation organization or Town of LaGrange becomes unwilling or unable to continue carrying out its functions.

[17] The conservation easement shall be recorded in the Dutchess County Clerk's office prior to or simultaneously with the filing of the final subdivision plat in the Dutchess County Clerk's office.

(d) Notations on plat. Land preserved as open space shall be clearly delineated and labeled on the final subdivision plat as to its use, ownership, management, and the rights, if any, of the owners of other lots in the subdivision to such land. The plat shall clearly show that the open space land is permanently reserved for open space purposes and shall contain a notation indicating the liber and page of any conservation easements required to be recorded to implement such restrictions.

(e) Monuments. All conservation easements must be marked with visible concrete monuments acceptable to the Planning Board. Monuments identify the boundaries of conservation easements for the benefit of property owners and to facilitate review by the entities having enforcement rights under the conservation easement. All monuments must be clearly identified and completely specified on the Mylar map(s) to include Universal Transverse Mercator grid coordinates to facilitate the use of hand-held global positioning systems for review. The Town has the right of inspection of all monuments.

(9) Guidelines. When reviewing a residential cluster development, the Planning Board shall make the following findings:

(a) Buildings are adequately grouped so at least 50% of the total area of the site is set aside as open space. To the greatest extent practicable, open space shall be designated as contiguous, and not divided into unconnected small parcels.

(b) Pedestrians can easily access open space.

(c) All development is situated to minimize the alteration or disturbance of natural features, natural vegetation, and topography.

(d) Existing scenic views or vistas are permitted to remain unobstructed, especially from public streets.

(e) The site plan accommodates and preserves features of historic, cultural, or archaeological value.

(f) Floodplains, wetlands, and steep slopes are protected from development.

(g) The cluster development advances the spirit and intent of this section.

(h) Compatibility with surrounding land uses and the Town's traditional land use patterns in which small hamlets contrast with open spaces and forest lands.

(i) Provision of adequate buffers for adjoining properties.

(j) Contribution to Town-wide open space planning by creating a system of permanently preserved open spaces, both within large parcels of land and among such parcels throughout the Town, and, where feasible, by providing linkages between existing open space areas and, where appropriate, linkages to hamlet areas.

(k) Open space shall remain accessible to the property owners in the development in perpetuity.

(l) Protected open space shall be managed in accordance with best management practices to preserve the environmental integrity of the property, including but not limited to reduction of chemical use; water conservation; and water quality management.

(m) Residential areas shall remain open and nongated, with private roads, and shall be set back at least 150 feet from the nearest public road and any lot line of an existing residential home.

(n) Significant peripheral viewsheds identified by the Planning Board shall be conserved.

(o) Landscape design, which promotes the most appropriate use of land, facilitates the efficient provision of streets and utilities, and preserves the natural and scenic qualities of undeveloped lands.

(p) Maintenance of biodiversity by ensuring that remaining habitats are of sufficient acreage and configuration to support viable populations of wild flora and fauna species consistent with DEC guidelines and SEQRA principles.

G. Ownership of open space land and common area and formation of homeowners association.

(1) The developer must establish a homeowners association ["HOA"].

(2) Open space land and common area shall be subject to a conservation easement and shall be conveyed to the HOA.

(3) The open space land and common area owned by the HOA shall be incorporated by the Town Assessor into the assessments of the parcels of the members of the HOA as provided for in New York Real Property Tax Law § 504(5-a).

(4) The HOA shall be established in accordance with the following:

(a) The HOA must be set up before the final subdivision plat is approved and must comply with all applicable provisions of the General Business Law.

(b) The HOA offering plan is subject to the review and approval of the Town.

(c) The HOA offering plan shall provide that the individual lot owners shall pay their pro rata share of property taxes on the open space land in accordance with Subsection G(3), above.

(d) Membership must be mandatory for each lot owner, who must be required by recorded covenants and restrictions to pay fees to the HOA for insurance and maintenance of common open space, private roads, and other common facilities.

(e) The HOA must be responsible for liability insurance and the maintenance of recreational and other facilities and private roads.

(f) Property owners must pay their pro rata share of costs in this subsection, and the assessment levied by the HOA must be able to become a lien of the property.

(g) The HOA must be able to adjust the assessment to meet changed needs.

H. Maintenance standards for open space and common area.

(1) Ongoing maintenance standards shall be established to ensure that the open space land and common area is not used for storage or dumping of refuse, junk or other offensive or hazardous materials. There shall be a maintenance agreement, subject to the review and approval of the Town, for the open space land and common area which shall be enforceable by the grantee of the conservation easement and by the Town, if it is not the grantee, against an owner of the open space land or common area as a condition of subdivision approval. Said agreement shall provide that the cost and responsibility of maintaining common open space and facilities shall be borne by the HOA.

(2) If the Town finds that the maintenance agreement provided for in Subsection H(1) above is being violated, it may, upon 30 days' written notice to the HOA, enter the premises for necessary maintenance, and the cost of such maintenance by the Town shall be assessed against the open space land or common area and shall, if unpaid, become a tax lien on such property or properties and be charged ratably against each landowner pursuant to Subsection G(3) above. This provision shall be incorporated into the maintenance agreement.

I. Utilities.

(1) Where, in the opinion of the Administrator of Public Works and Planning, connections to existing public water or public sewer facilities are possible and warranted, sanitary sewers and/or water mains and fire hydrants to be installed in a cluster subdivision shall be connected to such existing public facilities in the manner prescribed by the regulations of the appropriate sewer, water or fire district or other agency having jurisdiction.

(2) Where connection to existing public water or public sewer facilities is not possible, the Administrator of Public Works and Planning shall notify the Town Board, and the Town Board shall require that a central water supply and/or central sewer be designed and constructed by the applicant to serve all dwelling units within the cluster subdivision, in accordance with the standards of appropriate Town, county, state or federal health or environmental departments. These central water and sewer facilities shall be dedicated to the Town.

(3) Where part or all of a cluster subdivision is to be located within an area or drainage basin planned for future service by public water and/or public sewer or recommended for such system or systems by the Town Comprehensive Plan or other Town planning studies, any water or sewer facilities privately constructed within the cluster subdivision for the purposes of dedication to the Town shall be designed and located in such a way as to readily permit the alternate connection to future public water or public sewer systems.

§ 240-33 Planned Development District.

[NOTE: Section 240-33 is repealed effective upon the adoption of Town of LaGrange Local Law No. 7-2016, with the exceptions to repeal that are identified within Sections 2 and 7 of said Local Law No. 7-2016.[1]] [Added 12-14-2016 by L.L. No. 7-2016]

A. Purpose. Planned Development Districts (PDDs) may be established by the Town Board in accordance with the procedures hereinafter specified and when found necessary and appropriate for the following purposes: to allow large tracts of improved or unimproved land to be developed, redeveloped and improved by means of integrated and harmonious design principles, which will establish projects of foreseeable stable character that will be consistent with the character of the Town and which will more particularly comport with the existing character of the surrounding neighborhood and promote one or more public purposes. Generally, the establishment of a PDD may be considered when establishment of another zoning district designation available under this chapter would be insufficient to accomplish such purposes or otherwise inappropriate.

B. Petition. A petition for establishment of a Planned Development District, or for the modification of an existing Planned Development District, shall be submitted in writing to the Town Board, shall be signed by the owner or owners of all lots within the proposed district and shall be accompanied by the following:

(1) Statement. A written statement specifying in detail the particular provisions of this chapter which are proposed to be applicable or inapplicable within the district, or the modification thereof, and the special standards and additional provisions that are proposed to be applicable to the use of land, buildings and other structures, the location and bulk of buildings and other structures, site development and the area, shape and frontage of lots with the district. Ten copies shall be submitted. Such statement shall be in a form and shall be sufficiently complete to constitute the text of an amendment to this chapter which identifies and circumscribes the actual uses of any proposed development.

(2) Conceptual site plans. A development plan for the tract, including site plans, architectural plans and other drawings in sufficient detail to show the precise boundaries of the proposed district and any subdistricts thereof and the character and the location of existing and proposed contours, uses, buildings and other structures, signs, outdoor illumination, streets, driveways, off-street parking and loading spaces, outdoor deposit areas, watercourses, storm drainage, sewage disposal facilities, water supply facilities and landscaping. Six copies shall be submitted.

(3) Fee. An application fee in the amount provided for in the relevant fee schedule prevailing at the time of application. Actual consultant expenses incurred by the Town shall be defrayed by the petitioner as provided within § 240-88 of this chapter.

C. Procedure and findings.

(1) After receipt of complete petitions for a Planned Development District, the Town Board may meet with the petitioner and may request additional information. The Town Board may, in its sole discretion, decline to consider any petition for a Planned Development District.

(2) If the Town Board decides to consider such a petition, it shall transmit a copy of the petition, statement and conceptual site plan to the Planning Board for a recommendation and report. The Planning Board must officially respond to the Town Board's request within 90 days unless the Planning Board requests an extension. Upon review of the Planning Board recommendation, the Town Board may adopt the Planned Development District or modify the terms and conditions attaching to an existing Planned Development District, thereby amending this chapter and/or the Zoning Map, upon due notice and public hearing as required for any other amendment of this chapter. In determining the maximum permissible density on the site of a Planned Development District, the Town Board shall consider the extent that there are environmental constraints, the density of adjacent residential district(s), the proposed amount and configuration of open space, and the extent that public purposes are advanced with the establishment of a PDD. In determining the maximum density on the site of a proposed PDD, there shall be consideration of the degree that a project and proposed development will advance the protection of open space, agricultural lands preservation, or the development of work force/affordable housing. The Town Board shall make written findings, in addition to any other findings necessary for an amendment of this chapter, that the following standards have been satisfied:

(a) The Planned Development District as described in the statement and conceptual site plan submitted will accomplish the purposes set forth above.

(b) The Planned Development District may be necessary because another existing zoning district would be insufficient to accomplish the purposes set forth above.

(c) While the Planned Development District may require special considerations, it will be compatible with actual nearby current uses or permitted future uses of surrounding properties.

(d) The Planned Development District designation may be available to properties designated as Residential Flexible-Density (RFD); Residential Moderate-Density (RMD); Residential Low-Density (RLD); and the Planned Office (PO) District.

[Amended 9-10-2014 by L.L. No. 4-2014]

(e) The Planned Development District encompasses a tract of land of not less than 200,000 square feet (nearly five acres).

(f) The Planned Development District is served by public water and sewer.

(g) In evaluating a potential Planned Development District designation, the Town Board may consider an applicant's good faith actions to encumber another residentially zoned parcel that demonstrates comparable future development potential with a conservation easement or to dedicate title to such land to the public sector or a nonprofit land trust for permanent conservation, particularly in cases where those lands proposed for protection demonstrate development capability and there is a potential for undesirable environmental impacts if that site were built out under its prevailing residential zoning.

(h) At least 50% of the entire tract will be restricted by conservation easement as permanent open space or agricultural uses. Any land that has been mapped as a Preservation Overlay Zone, excluding land within the Groundwater Protection Overlay Zone[2] unless also included in another Preservation Overlay Zone, will be permanently set aside as open space or otherwise protected. All open space set aside will comply with the standards and requirements set forth in § 240-32A(7)(e)[1] through [4].

[2] Editor's Note: The Groundwater Protection Overlay Zone Map is included in the online version of the Code (eCode 360®). Hard copies of said map may be obtained from the Town Clerk's office.

(i) Any nonresidential buildings will be substantially screened from view year round from any public road, recreation area or neighboring residential structure by topography and/or vegetation.

(j) The planned development will not create a traffic hazard in an existing residential neighborhood and is sufficiently accessible to state or county roads to ensure that its traffic load will not unduly interfere with any proximate residential areas.

(k) The adverse environmental impacts of the planned development will not be substantially greater than the impact of a residential subdivision or other as-of-right use on the same land at the density permitted by a "standard plan" as defined in § 240-32A(4)(a) of this chapter, giving due weight to the amount of open space and work force/affordable housing to be set aside hereunder as mitigating measures. The Town Board may require that a project proponent dedicate trails or other portions of the open space for public access.

(l) The number of single-family detached residential units permitted will be no greater than 100% above the number that would be determined by the Board to be the net density as defined in this chapter in § 240-32. For a situation where land in the Planned Office (PO) District is being considered for a PDD, the base allowed density, for the purposes of the single-family calculation, shall be one dwelling unit per acre. For comparison purposes, the applicant shall also submit a standard plan, as defined in § 240-32A(4)(a) of this chapter. However, the Town Board may, in its sole discretion, establish any lesser number of residential units as an upper limit. Any increase in the number of allowable units above the number permitted under a standard plan shall be justified by a compensating public benefit such as dedication of public parkland, extensive open space preservation, provision of additional water and/or sewer capacity or provision of work force/affordable housing.

[Amended 8-27-2008 by L.L. No. 7-2008]

(m) Multifamily dwelling units. The construction of multifamily dwelling units may be permitted consistent with § 240-51 of this chapter, with the exception that the Town Board may allow a density of up to eight dwelling units per acre for multifamily dwellings and the density enhancement shall be justified under the criteria established in Subsection C(2)(l) above. If the applicant proposes townhomes on individual lots, then the following shall also apply:

[Added 8-27-2008 by L.L. No. 7-2008[3]]

[1] A minimum lot size of 3,150 square feet shall be required for internal townhouse units. An internal townhouse unit is a townhouse unit which is located in between two other townhouse units.

[2] A minimum lot size of 5,000 square feet shall be required for external townhouse units. An external townhouse unit is a townhouse unit which is located at the end of a row of townhouse units.

[3] No more than five individual townhouse units shall be permitted within a row of townhouse units.

[4] The front, rear or side of any townhouse building shall be no closer than 20 feet to the front, rear or side of any other townhouse building. The Planning Board shall determine the appropriate separations between any other buildings as part of the site plan review.

[3] Editor's Note: This local law also provided that former Subsections C(2)(m), (n) and (o) be redesignated as Subsections C(2)(n), (o) and (p), respectively.

(n) No single-family home will be located on a lot of less than 20,000 square feet, except in the RFD Zone, where the minimum for a cluster subdivision will not be less than 12,000 square feet.

[Amended 9-10-2014 by L.L. No. 4-2014]

(o) Nonresidential uses, if any, will be located in a manner that would not detract from the character of the surrounding area.

(p) A Planned Development District will restore and/or preserve any existing on-site historic structure, consistent with federal and state guidelines for National Register listing.

(3) After adoption of the Planned Development District and prior to the issuance of any permit allowing for construction by the Zoning Administrator or Building Inspector, the petitioner shall apply to the Planning Board for, and obtain approval of, a detailed site plan pursuant to § 240-72. The Planning Board may require the petitioner to submit further or more detailed specifications for particular aspects of the proposed development. The Planning Board shall review such site plan and detailed specifications in accordance with the standards generally prevailing in § 240-72; additionally, the Planning Board shall determine whether they are consistent with the statement and conceptual site plan approved by the Town Board. The approval shall contain those conditions which are necessary to assure compliance with the requirements of this section. Such conditions shall be satisfied prior to the issuance of construction permits and certificates of occupancy.

[Amended 5-23-2018 by L.L. No. 6-2018]

D. Additional limitations. The following are also applicable:

(1) Authorization; time limit.

[Amended 10-8-2008 by L.L. No. 10-2008]

(a) Adoption of a Planned Development District by the Town Board and Planning Board approval of a Planned Development District site plan shall constitute authorization to establish the uses, buildings, structures and site development in accordance with the standards and development plan adopted by the Town Board and Planning Board for the district in accordance with any approved site plan and detailed specifications. If construction of the development authorized by the district is not commenced within one year of the resolution of conditional or unconditional site plan approval by the Planning Board, the approvals of the Town Board and the Planning Board for the district shall lapse, and the Town Board shall be authorized to amend this chapter and the Zoning Map to delete the Planned Development District approvals and to establish for such lands the previous or another zoning district designation. However, the Town Board, in the exercise of its sole and legislative discretion, shall be authorized to grant one or more extensions, each for one year, upon application of the owners of all lands within the district. In support of the application for extension, the applicant shall address, in narrative form, and shall submit such professional reports and opinions as are deemed warranted by the applicant in the first instance, or as are requested by the Town Board in the review of the application, the following issues:

[Amended 5-23-2018 by L.L. No. 6-2018]

[1] Whether any local or other agency permits or approvals issued in connection with the project have expired or will expire prior to the expiration of the prevailing time requested to be extended to the applicant;

[2] Whether any local laws, rules or regulations or any relevant statutes, rules or regulations pertaining to federal, state or other local agencies, and relevant to the project, have changed in a relevant and material way so as to affect the project in any way since the initial approvals or since the next preceding period of extension, as the case may be;

[3] Whether there have been any intervening, relevant and material changes in circumstances, including, but not limited to, the physical and environmental setting of the land devoted to the project, adjoining or nearby lands or relevant highway networks, wetlands and waterbodies, floodplains, slopes and stormwater courses and concentrations;

[4] A description of any intervening improvement work performed on the subject lands or in proximity for the purpose of developing the project.

(b) Whether to grant the requested extension shall remain within the exclusive legislative consideration of the Town Board, and the above issues shall inform but in no way limit the Town Board's exercise of such legislative discretion. If requested, in writing, at the time of the extension application, the applicant may request that the Town Board hold a public hearing on the application for extension.

(c) The development authorized by the approvals of the Town Board and the Planning Board for the district shall be completed within five years from the initial conditional or unconditional site plan approval of the Planning Board or from the starting date of the last extension of initiation of construction granted by the Town Board, except that the Town Board may extend the time for completion by one-year periods. Requests for extensions of completion of construction must include the same submissions from the applicant, as described above in this subsection, as for extensions of the time for initiation of construction. Whether to grant the requested extension of completion shall remain within the exclusive legislative consideration of the Town Board, and the required submissions of the applicant shall inform but in no way limit the Town Board's exercise of such legislative discretion. If requested, in writing, at the time of the extension application, the applicant may request that the Town Board hold a public hearing on the application for extension of completion of construction. In the event of untimely completion of construction, the Town Board shall be authorized, after public hearing, to amend this chapter and the Zoning Map to delete or to modify the extent of the Planned Development District approvals and to establish for all or some of such lands the previous or another zoning district.

[Amended 5-23-2018 by L.L. No. 6-2018]

(d) The expense of work product of Town consultants on applications for extensions under this section shall be defrayed by the applicant consistent with § 240-88 of Chapter 240 of the Town Code.

(e) The Town Board shall establish in its fee schedule or schedules the applicable fee for application and or approval of extensions under this subsection.

(2) Bond. Prior to adoption of a Planned Development District, the Town Board shall receive recommendations on the requirements for performance bonds and their recommended amounts from the Planning Board acting in concert with the Town Engineer and Town Superintendent of Highways. Prior to adoption of a Planned Development District, the Town Board shall stipulate the dollar amount of performance bonds to be deposited with the Town Clerk to assure the petitioner's conformance with the Town of LaGrange highway, sanitary sewer and such other minimum standards as may be found applicable by the Town Board.

[1] Editor's Note: Sections 2 and 7 of L.L. No. 7-2016 stated that § 240-33 would remain in effect for the purpose of review of planned development applications for which a preliminary plan had already been submitted and written acceptance of the application as viable for review of the project had already been given, and also with respect to reapprovals of planned development districts and to approval modifications, and that in the event of final approval said projects would be deemed conforming uses under the LaGrange Town Code. The entirety of L.L. No. 7-2016 is on file and available for review in the Town offices.

§ 240-34 Floating zone for excavation, earth removal or soil and stone crushing and processing operations.

A. A floating zone is hereby established to permit, in the exercise of the legislative discretion of the Town Board, excavation and removal of earth, topsoil, sand, gravel, clay, or stone or soil and stone crushing, washing and processing operations in those locations in the Town of LaGrange where, although not otherwise permitted by this chapter, in the judgment of the Town Board such industrial types of operations will not interfere with the use of adjoining or neighboring properties.

B. The Town Board may implement such a floating zone by amendment to the Zoning Map forming a part of this chapter,[1] following all applicable procedures for amending the provisions of this Zoning Chapter. An applicant for rezoning who seeks to map such a floating zone shall file a petition with the Town Board requesting a zoning amendment. Said petition shall be signed by all owners of the land to be rezoned and shall include a conceptual site plan showing the proposed location of the site of the proposed extraction and/or plant processing operations. The Town Board shall be under no obligation to accept or consider such a petition and may dismiss such a petition at any time prior to enacting a Zoning Map amendment. Such a petition shall be deemed a Type I action under the State Environmental Quality Review Act.[2]

[1] Editor's Note: The Zoning Map is included in the online version of the Code (eCode 360®). Hard copies of said map may be obtained from the Town Clerk's office.

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

C. If the Town Board enacts a zoning amendment pursuant to this section, the applicant shall also be required to obtain mining activity land reclamation approvals required under § 240-67 of this chapter in order to engage in any excavation or processing of materials which are the subject of this section.

§ 240-35 Town Center design standards.

[Amended 8-27-2008 by L.L. No. 7-2008; 9-10-2014 by L.L. No. 4-2014; 5-23-2018 by L.L. No. 6-2018; 8-12-2020 by L.L. No. 4-2020; 7-2-2025 by L.L. No. 4-2025]

A. Purpose.

(1) The Town Center Business (TCB) District and the Town Center Residential (TCR) District in Freedom Plains are intended to implement the goals and objectives of the Town of LaGrange Comprehensive Plan adopted in 2005 and the Town Center Illustrative Plan (the Illustrative Plan) adopted in 2003 as part of the Comprehensive Plan. The Illustrative Plan is not a mandatory design plan; rather, it is intended to serve as a template for the application of specified design principles in order to achieve a desired form and appearance of development.

(2) The general design pattern for the Town Center is to create walkable, highly integrated, multifunctional public and private spaces, through a network of connected streets, sidewalks, and uses. Structures in the TCB District are generally to have two to three stories, with retail on the ground floor and office or residential uses above. The TCR District provides for higher-density residential development and selected uses compatible with residential streets in the immediate area surrounding the TCB District.

(3) The provisions of this section, when in conflict, shall take precedence over other sections of the Zoning Law.

B. Design principles: Town Center Business (TCB). Design principles for this district are shown in the Illustrative Plan. The primary objective of the TCB District is to create a traditional main street area. New buildings should relate to a traditional main street design as well as enhance the positive qualities that currently exist. Specifically, the design principles for the TCB District are to:

(1) Establish a coordinated image for the Town Center.

(2) Bring buildings up toward the sidewalk and street edge.

(3) Promote a mix of commercial and residential uses in multistory buildings.

(4) Promote the prominent positioning of civic buildings and central green spaces in order to enhance community identity and public interaction.

(5) Promote pedestrian activity through a safe and walkable environment.

(6) Create narrow, tree-lined streets to slow traffic.

(7) Minimize the visual impact of the automobile by managing the placement and screening/landscaping of parking areas.

(8) Create an interconnected street system for both pedestrian and vehicular traffic.

(9) Encourage the development of both on-street parking and shared parking areas between nearby uses.

(10) Provide multiple housing options.

(11) Protect important natural and historic features.

C. Design principles: Town Center Residential (TCR). Design principles for this district are shown in the Illustrative Plan. The primary objective of the TCR District is to create a traditional neighborhood development. New buildings and street layouts should relate to a traditional neighborhood design as well as enhance the positive qualities that currently exist. Specifically, the design principles for the TCR District are to:

(1) Establish a coordinated image for the Town Center.

(2) Provide a variety of housing options.

(3) Promote pedestrian activity through a safe and walkable environment.

(4) Create narrow, tree-lined streets to slow traffic.

(5) Promote the prominent positioning of civic buildings and central green spaces in order to enhance community identity and public interaction.

(6) Create an interconnected street system for both pedestrian and vehicular traffic.

(7) Protect important natural and historic features.

D. Location of TCB and TCR. As per § 240-22, the location of the TCB and TCR Districts is shown on the map entitled "Zoning Map of the Town of LaGrange," adopted by the Town Board.

E. TCB and TCR Schedule of Permitted Uses. The schedule of permitted uses and specially permitted uses for the TCB and TCR Districts is found in § 240-27, Schedules A1, A2 and A3, Permitted Uses and Special Permit Uses.[1]

[1] Editor's Note: Schedules A1, A2 and A3 are attached to this chapter as Appendix A.

F. Bulk requirements for TCB and TCR. The bulk requirements for the TCB and TCR Districts are found in § 240-28, Schedules B1 and B2, Schedules of Bulk Regulations and Coverage Limitations, Residential and Nonresidential, and Schedule B3, Schedule of Bulk Regulations and Coverage Limitations for TCB, and Schedule B4, Schedule of Bulk Regulations and Coverage Limitations for TCR.[2]

[2] Editor's Note: Schedules B1 through B4 are attached to this chapter as Appendix B.

G. Planning Board review of projects in TCB and TCR.

(1) The design standards of this section are intended to provide guidance to the Planning Board in its review of projects within the TCB and TCR Districts. It is the intent of these standards to provide the Planning Board and applicants with guidance as to favored forms and principles of site design.

(2) The following terms have meanings as follows:

(a) The word "shall" means the standard is mandatory;

(b) The words "should" or "may" mean the standard is recommended, and its application is optional at the discretion of the Planning Board.

(3) The Planning Board is empowered to require a mix of uses in any development project. Further, the Planning Board is empowered to require that a development be phased to ensure the required mix of uses is implemented. Applicants are encouraged to meet with the Planning Board prior to an application to discuss concepts, clarify procedures, and coordinate all applicable zoning in this chapter.

(4) The Planning Board may, in its discretion, vary any site plan requirements contained in § 240-35 to assure substantial compliance with the intent of this provision while relieving the applicant of undue or oppressive burden or hardship in obtaining approval. Modification of those standards that are mandatory shall be accompanied with written finding that such modifications are warranted and the reasons.

(5) 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 § 240-35B and C.

H. Design standards. The TCB District encourages a mixture of retail uses, restaurants, services, workplaces, entertainment and civic facilities, and moderate- to high-density housing in a compact pattern that balances automobile access with strong pedestrian elements to create a walkable environment. The TCR District encourages complete traditional neighborhoods with a diverse range of dwelling types, such as single- and two-family houses, attached townhouses, and condominium or apartments mixed together for a moderate- to high-density compact pattern of development that balances automobile access with strong pedestrian elements to create a walkable environment. The following are the specified standards for the TCB and TCR Districts:

(1) Streetscape standards.

(a) Street standards.

[1] The design and construction of streets within the TCB District should be consistent with the TCB street standards as shown in Figure 1 TCB.[3]

[a] "Commercial town center street" should be defined as streets within the TCB District and will exclude Route 55.

[3] Editor's Note: Figure 1 TCB is included as an attachment to this chapter.

[2] The design of streets within the TCR District should be consistent with the TCR street standards as shown in Figure 2 TCR.[4]

[a] "Residential collector streets" should be defined as streets within the TCR District providing access between the TCB District and any of the following roads: Lauer Road, Todd Hill Road, and/or Stringham Road.

[b] "Residential access streets" should be defined as streets within the TCR District providing primarily residential access to a residential collector street.

[c] "Residential rear lane" should be defined as a secondary means of access to the rear of residences generally to the property abutting along its length. The residential rear lane will provide access to garages and accessory structures.

[4] Editor's Note: Figure 2 TCR is included as an attachment to this chapter.

[3] Intersections should be at right angles whenever possible.

[4] New streets should connect to existing streets and use a block system to avoid dead ends whenever practicable.

(b) Blocks and lots.

[1] Street layouts should provide for a variety of block and lot sizes. Blocks should be generally in the range of 200 to 400 feet deep by 400 to 800 feet long, to create shorter walking distances and help diffuse traffic on multiple access routes. Blocks exceeding 600 feet should have a rear lane access or a pedestrian right-of-way for midblock access.

[2] Multiple buildings and uses are permitted on a lot in the TCB District.

[3] Multiple buildings are permitted on a lot in the TCR District.

[4] In order to facilitate fewer curb cuts, shared driveways should be used for access to parking lots behind buildings.

[5] Residential rear access lanes should be used for access to garages and parking lots behind buildings.

(c) Sidewalks.

[1] Sidewalks in the TCB District should be consistent with the TCB street standards as shown in Figure 1 TCB.[5] All sidewalks should be ADA compliant.

[5] Editor's Note: Figure 1 TCB is included as an attachment to this chapter.

[2] Sidewalks in the TCR District should be consistent with the TCR Street Standards as shown in Figure 2 TCR.[6] All sidewalks should be ADA compliant.

[6] Editor's Note: Figure 2 TCR is included as an attachment to this chapter.

[3] Restaurants may be permitted to operate outdoor cafes in front of and on public sidewalks as long as at least seven feet are maintained free for sidewalk passage.

[4] A retail business may be permitted to have a temporary sidewalk display of store merchandise on up to 25% of its sidewalk frontage.

(d) Landscaping.

[1] A landscaped area shall be provided along both sides of all streets within the TCB District. The landscaped area shall be consistent with the TCB street standards shown in Figure 1 TCB.[7] Within the landscaped area, one shade tree (minimum of three-inch caliper diameter at four feet in height) should be provided per every 25 to 30 linear feet.

[7] Editor's Note: Figure 1 TCB is included as an attachment to this chapter.

[2] Landscaped areas shall be provided along both sides of streets, as shown in the TCR street standards.[8] The landscaped area shall be consistent with the TCR street standards as shown in Figure 2 TCR. Within the landscaped area, one shade tree (minimum of three-inch caliper at four feet in height) should be provided per every 30 to 40 linear feet.

[8] Editor's Note: The TCR street standards, provided in Figure 2 TCR, are included as an attachment to this chapter.

[3] Street trees should be tolerant of urban conditions, especially salt and sand deposited with snow removal. Mulched tree wells should be placed around the base of each tree for protection and moisture retention.

[4] Shrubbery shall be no higher than four feet above existing street grades, nor shall any tree with foliage extend below 10 feet above the established street grades. All landscaping (trees, shrubs, planted beds) shall be maintained within 20 feet of any street intersection or 10 feet of driveway/street intersections. This restriction is for the purposes of maintaining visibility at all times.

[5] Where parking lots and drives abut the landscaped strip along the street right-of-way, evergreen shrubs and/or a three-foot stone wall, as approved by the Planning Board, should be provided for screening. The screening should be a plant species that is a minimum of three feet high and a maximum of six feet high and extend along the entire street frontage of the parking lot, exclusive of driveways and visibility lines.

[6] Visibility. Street-level landscaping shall not interfere with visibility and safety.

[7] Street trees are a major means of providing a pedestrian amenity as well as visual coherence. Property owners shall have responsibility for planting and maintaining trees along street frontage(s) within the Town's right-of-way.

[8] Maintenance of landscaping within the Town's right-of-way shall be the responsibility of the property owner.

(e) Lighting. Streetlights and other lighting shall be 10 to 15 feet in height. Lighting shall be metal halide or other full-spectrum fixture and should avoid illumination above the horizontal level into the night sky. All exterior lights shall be designed and located in such a manner as to prevent objectionable light and glare to spill across property lines.

(f) Furniture and waste receptacles. Street furniture and waste receptacles approved by the Planning Board should be provided along street frontages.

(g) On-street parking.

[1] On-street parking arrangements within 500 feet of each new building are strongly encouraged along TCB commercial streets, as illustrated in the TCB street standards. See Figure 1 TCB.[9]

[9] Editor's Note: Figure 1 TCB is included as an attachment to this chapter.

[2] On-street parking shall be permitted along residential collector and access streets, as illustrated in the TCR street standards. See Figure 2 TCR.[10]

[10] Editor's Note: Figure 2 TCR is included as an attachment to this chapter.

[3] On-street parking along and adjacent to the property frontage may apply toward the minimum parking requirements.

(2) Site standards.

(a) TCB site development.

[1] Connections between the parking lots to the rear and the main retail frontage are desirable. Wherever practical, through-store passages should be provided.

[2] The frequency of store entrances along commercial Town Center streets is important in maintaining retail continuity and viability. In new buildings, a maximum distance of 60 feet between individual store entrances is encouraged.

[3] Two- or three-story buildings are required for the entire TCB District. Larger-scale, single-use facilities (conference spaces, theaters, supermarkets or department stores, for example) shall occur behind smaller-scale buildings or storefronts with pedestrian orientation and may be one story with a two-story facade.

[4] The ground floor should reinforce retail continuity along specified street frontages within the TCB District (see the Illustrative Plan). Second stories and above may be used for a mix of residential, commercial, and/or office space.

[5] Buildings should be brought up toward the right-of-way line, consistent with the TCB street standards as shown in Figure 1 TCB for the TCB District.[11]

[11] Editor's Note: Figure 1 TCB is included as an attachment to this chapter.

[6] Balconies, bay windows and cornice features, open porches, canvas-type awnings, and projecting signs may encroach up to six feet into the front setback or up to six feet over the sidewalk area above seven feet six inches.

[7] The Planning Board may waive height and setback requirements for landmark civic buildings, including government buildings, churches, schools, or libraries, and for pedestrian-oriented places such as plazas or outdoor eating areas.

[8] Gas station pump canopies shall be located to the rear of the building.

(b) TCR site development.

[1] A variety of housing types from single-family houses on lots of 6,000 square feet to 10,000 square feet to attached townhouses and apartments are permitted, with an overall density of up to 12 dwelling units per acre.

[2] Side yard and rear yard setbacks for garages or accessory structures shall be a minimum of six feet.

[3] Access to driveways and garages should be from the rear access drive. Any lot with a front driveway shall recess the garage 20 feet from the front building line.

[4] Balconies, bay windows, cornice features, and/or open porches may encroach up to six feet into the front setback for the TCR District.

[5] Residential units should be located toward Route 55 to preserve the more rural qualities and open fields facing Lauer Road and Todd Hill Road, as shown on the Illustrative Plan.

(c) Parking.

[1] Parking lots and garages shall be located to the rear of a building wherever possible, and access to parking and garages should be from a rear access lane.

[2] Shared driveways should be used to access parking lots behind buildings and facilitate fewer curb cuts. Shared driveways and/or entrances for ingress and egress access between neighboring buildings and parking lots is strongly encouraged for the TCB District.

[3] Interior parking lot landscaping. Interior parking lots shall be landscaped in accordance with the off-street parking, loading and driveway standards (§ 240-42E) as determined necessary by the Planning Board.

[4] Exterior parking lot landscaping. A landscaped strip should be provided around the perimeter of parking lots, exclusive of driveways. The landscaped strip should be a minimum of five feet wide.

[5] Each parking space shall be nine feet wide and 18 feet long, except handicap-accessible spaces that are to be eight feet by 20 feet parking along with the required side aisle space (five feet). Back-up and maneuvering aisles between rows of parking spaces shall be at least 24 feet wide, except where the Planning Board approves a lesser dimension as adequate to serve parking spaces arranged at less than a ninety-degree angle or landscaped area.

[6] The Planning Board may, at its sole discretion, approve the joint use of a parking facility and allow a reduction in the parking requirement of up to 30% for two or more principal buildings or uses, either on the same, adjacent, or nearby parcels, where it is clearly demonstrated that the reduction in spaces and shared use of the parking facility will substantially meet the intent of the parking requirements by reason of variation in time of use by patrons or employees among such establishments (offset peak parking demand). There shall be a covenant on the separate parcel or lot guaranteeing the maintenance of the required off-street parking facilities during the existence of the principal use. Such covenant shall be:

[a] Executed by the owner of said lot or parcel of land and by all other parties having beneficial use of, or some other legal interest in, the property, such as, but not limited to, a collateral or security interest;

[b] Enforceable by any of the parties having shared beneficial use of the facility; and

[c] Enforceable against the owner, the parties having beneficial use, and their heirs, successors and assigns.

[7] Parking spaces shall not exceed minimum requirements unless clearly justified by parking generation data submitted by the applicant.

[8] Minimum off-street parking space requirements are found in § 240-35H(2)(c)[9] and § 240-42J. The Planning Board shall interpret these requirements in light of the design purposes of the Town Center Districts, and may reduce parking space requirements based on shared parking or availability of on-street parking. For single-family dwellings, garage parking spaces may be counted toward required parking spaces, provided that a homeowners' association's (HOA) restrictions, or other community restrictions, require the continued availability of such spaces for parking.

[9] Minimum off-street parking space requirements apply to the following uses within the TCB District; all other uses within the TCB District apply to the parking requirements found in § 240-42J:

Use	Minimum Off-Street Parking Spaces
Retail or service business	1 for each 275 square feet of gross floor area
Restaurant	1 for each 250 square feet of gross floor area
Office for business or professional use	1 for each 275 square feet of gross floor area
Apartments within a mixed-use building	1.65 spaces per unit
Carriage units	1 space per unit
Hotel	1 per key

[10] Waiver of improvement. Where the authority approving a site plan or special permit application determines that less than the required number of parking spaces will satisfy the intent of this chapter, said Board may waive the requirement in part, but not in excess of 50% of the number required according to this section. In all cases, it shall be expressly demonstrated on the site plan that sufficient space remains for the provision of the total amount of off-street parking required, and the site plan shall bear such designation. All such undeveloped parking space shall be used and maintained as additional landscaped grounds until required for parking. Written guarantees shall be submitted by the applicant for the eventual improvement of any such spaces that may have been waived; these spaces must be constructed by the property owner within six months of the date of written notice to the property owner by the Planning Board that such spaces have been determined as necessary and must be constructed. Written guarantees and proposed designs of future parking shall be shown on the site plan.

(d) Landscaping.

[1] Landscaping should be designed to avoid existing overhead or underground utility lines. Where the location of existing overhead or underground utility lines conflicts with the required landscaping strip and tree planting, the Planning Board may approve an alternate plan.

[2] Required landscaping shall be permanently maintained in a healthy growing condition at all times. The property owner is responsible for regular weeding, the mowing of grass, irrigating, fertilizing, pruning, and other permanent maintenance of all plantings as needed.

[3] Site trees should be no smaller than three-inch caliper diameter at four feet in height. Density of site trees shall be at the discretion of the Planning Board as determined necessary.

(e) Lighting.

[1] All exterior lights shall be designed and located in such a manner as to prevent objectionable light and glare to spill across property lines.

[2] Exterior lighting should be architecturally compatible with the building style, material, and colors. Cutoff fixtures are preferred over cobra-type light fixtures and directional floodlights.

[3] Streetlights and other lights shall be 10 to 15 feet in height, except pole lights in parking lots, which shall be a maximum of 20 feet high.

(f) Loading areas. Loading and delivery areas may be shared between nearby uses and shall be determined by the Planning Board on a case-by-case basis.

(g) Mechanical equipment, garbage containers, and electrical transformers. Mechanical equipment, garbage containers, and electrical transformers should be concealed from public view on all sides by architectural elements and/or landscaping satisfactory to the Planning Board's approval.

(h) Fencing and walls.

[1] The design of fences and walls should be compatible with the architecture of the principal building(s) and should use similar materials.

[2] All fences or walls 50 feet in length or longer, and four feet in height or taller, should be designed to minimize visual monotony by changing plane, height, material, or material texture, or significant landscape massing.

[3] Chain link fencing is discouraged.

(i) Utilities.

[1] Site design is predicated on connection to central water and central sewer with improvements built by the private developer. If access to central sewer is not immediately available, the project should still be consistent with Town Center principles and standards to accommodate a later connection to a central sewer system.

[2] All new utilities shall be underground.

(j) Open space. Where appropriate and practical, new development should create public open spaces and should maintain existing public open space.

(3) Architectural standards.

(a) The architectural standards are intended for buildings that are compatible with the design standards in § 240-35H(3). Design compatibility includes complementary building style, form, size, color, materials, and detailing. In reviewing projects, the Planning Board shall consider each of the following principal features contributing to the identity of buildings within the TCB and TCR Districts:

[1] Size: the relationship of the project to the site.

[2] Scale: the relationship of the building to those around it.

[3] Massing: the relationship of the building's various parts to each other.

[4] Fenestration: the placement of windows and doors.

[5] Rhythm: the relationship of fenestration, recesses, and projections.

[6] Setback: the relation of a building setback to its immediate surroundings.

[7] Materials: their compatibility with other buildings constructed under the Town Center standards in the Town Center District.

[8] Context: the overall relationship of the project to its surroundings.

(b) The following architectural design concepts are encouraged:

[1] Street-level continuity of shopfronts.

[2] Street-level expression line, visually tying together the retail base and separating the upper stories.

[3] Diversity of architectural design should be encouraged.

[4] Multiple buildings on the same lot should be designed to create a cohesive visual relationship between the buildings.

[5] Blank wall areas and long, uninterrupted rooflines shall be avoided and should exhibit more detail and elements appropriate for close-range pedestrian view. Building surfaces over 50 feet in length should be relieved with changes of wall plane (i.e., recesses and projections) that provide strong visual interest.

[6] All sides of a building may have an impact on its surroundings and should be considered for treatment with an architectural finish. Architectural features, materials, windows, and articulation of a facade of a building should be continued on all sides visible from a street or public parking areas.

[7] Exterior building materials on the primary structure should not include smooth-faced concrete block, tilt-up concrete panels, or prefabricated steel panels, highly reflective, shiny, or mirrorlike materials, mill-finish (noncolored) aluminum metal windows or door frames; exposed, unfinished foundation walls; exposed plywood or particle board; and unplastered, exposed concrete masonry blocks.

[8] Facade colors should be low-reflectance colors. High-intensity colors, metallic colors, black, or fluorescent colors should not be used. Building trim and accent areas may feature brighter colors.

[9] Building colors should be carefully chosen so that each building's color complements that of its neighbors.

[10] The scale of a building should be compatible with the surrounding buildings.

[11] Pitched roofs with gables/dormers or symmetrically shaped parapet roofs are encouraged.

[12] Consideration should be given to the height of the cornice line or other expression lines.

[13] The use of canvas-type awnings on buildings is recommended to provide protection from sun, wind, and rain and to improve the aesthetics of the building exterior.

[14] Existing structures, if deemed historic or architecturally significant, should be protected from demolition or incompatible adjacent development.

(c) Finish materials should include:

[1] Facades:

[a] Brick.

[b] Stone.

[c] Stucco.

[d] Wood.

[e] Wood shingles.

[f] Fiber cement siding.

[2] Roofs:

[a] Pitched.

[b] Shingles, wood, imitation wood asphalt.

[c] Metal, aluminum (Kynar), copper, terne, zinc (standing seam or batten seam).

[d] Architectural-style asphalt shingles.

[3] Windows:

[a] Windows should be greater in height than width or at least of equal proportion.

[b] Mirrored, reflective, or darkly tinted glass, all-glass walls, or exterior roll-down security gates shall not be permitted.

§ 240-36 Senior Citizen Housing Districts.

[NOTE: Section 240-36 is repealed effective upon the adoption of Town of LaGrange Local Law No. 7-2016, with the exceptions to repeal that are identified within Section 3 of said Local Law No. 7-2016.[1]] [Added 12-14-2016 by L.L. No. 7-2016]

A. Statement of intent. The Senior Citizen Housing District (SCHD) is established to allow potential amendment of the Zoning Map to provide housing opportunities and options for senior citizens in the Town of LaGrange. It is the intent of this section:

(1) To make possible, as deemed suitable by the Town Board in the exercise of legislative discretion, the development on a single site of flexible housing alternatives across a range of unit prices, styles, and specialized accommodations for senior citizens;

(2) To ensure that such developments include services and facilities to accommodate resident needs; and

(3) To minimize detrimental effects on other properties.

B. Objectives. The specific objectives of this section are:

(1) To consider flexible housing options on appropriate large sites for senior citizens in order to give such residents the opportunity to remain in the community close to family and friends.

(2) To consider appropriate sites for the development of such housing in locations convenient to social and medical facilities, retail shops, public transportation and other necessary services.

(3) To consider, within the boundary of the development, appropriate social, recreational and other facilities that will contribute to the independence and meaningful activity of senior citizens.

(4) To account for the safety and convenience of residents through site design and housing unit design requirements that accommodate:

(a) The special physical constraints and needs of the elderly, and

(b) The characteristics of the development site.

(5) To regulate the site layout, design, nature and density of senior citizen housing developments, and their relationship to adjoining uses, so as to provide ample outdoor living and open space for residents and to minimize detrimental effects on the surrounding neighborhood and environment.

C. General provisions.

(1) A Senior Citizen Housing District is a floating zone created by amendment of the Town's Official Zoning Map through exercise by the Town Board of the procedures set forth in this section. The following zoning districts are eligible hosts for the floating zone: RFD.

[Amended 9-10-2014 by L.L. No. 4-2014]

(2) In a Senior Citizen Housing District, no building, structure, premises or part thereof shall be used or occupied, and no building or structure shall be erected, enlarged, converted or altered, unless consistent with this section.

D. Permitted uses.

(1) Principal uses. The following uses are permitted in a Senior Citizen Housing District subject to site plan approval from the Planning Board:

(a) Senior housing residences with a diverse range of dwelling types, such as, but not limited to, detached single- and two-family houses, and attached townhouses, condominium or apartments mixed together for a moderate- to high-density compact pattern of development that should include, or include the potential for, enriched or assisted living options beneficial to senior citizens, together with strong pedestrian elements to create a walkable environment.

(2) Accessory uses. The following accessory uses are permitted in a Senior Citizen Housing District subject to site plan approval by the Planning Board:

(a) Accessory uses, including buildings and facilities, that are reasonably necessary to meet the proper maintenance, administration, security, off-street parking, storage, fencing and utility system needs of the development.

(b) The following accessory uses are mandatory and shall constitute facilities that are restricted in their use to residents of the development and their guests:

[1] A community center, including meeting rooms, multipurpose rooms, lounges, lobby areas, lounge areas, public bathrooms and other similar common spaces, such as exercise rooms, libraries or other similar indoor recreation or leisure facilities.

[2] Outdoor sitting areas, game areas, walking trails or other similar outdoor recreation or leisure facilities.

(c) The following accessory uses are permitted, provided that such facilities are managed as part of the building or complex of buildings and restricted in their use to residents of the building or building complex and their guests, and further provided that there are no external advertising signs for such facilities:

[1] A common kitchen and dining room;

[2] A beauty shop and/or barbershop;

[3] A self-service laundry;

[4] A convenience shop for daily needs, such as food items, prescription and nonprescription drugs, newspapers and small household items and similar items;

[5] A coin-operated vending machine room;

[6] Office space for a facility manager, programs coordinator, medical infirmary or clinic, or delivery of social services.

E. Occupancy restrictions. Occupancy of dwelling units within a Senior Citizen Housing District shall be for residential purposes only. Occupancy restrictions shall be the subject of restrictive covenants of record that are enforceable by the Town. Occupancy shall be limited to elderly families as defined and described below:

(1) "Elderly family" defined. For purposes of this section, an elderly family shall consist of:

(a) A single person 55 years of age or older;

(b) Two or three persons, all of whom are 55 years of age or older;

(c) A married couple, the husband or wife of which is 55 years of age or older;

(d) One child residing with a parent who is 55 years of age or older, provided that said child is over the age of 18;

(e) The surviving spouse of a person 55 years of age or older, provided that the surviving spouse was duly registered as a resident of the development at the time of the elderly person's death; or

(f) One adult 18 years of age or older residing with a person who is 55 years of age or older, provided that said adult is essential to the long-term care of the elderly person as certified by a physician duly licensed in New York State.

(2) Temporary occupancy.

(a) The surviving child of a person 55 years of age or older may continue to reside in the development for a period of six months following the death of the elderly or physically handicapped person, provided that said child was duly registered as a resident of the development at the time of the elderly or physically handicapped person's death.

(b) Guests. Temporary occupancy by guests of families who reside in a Senior Citizen Housing District shall be permitted, provided that such occupancy does not exceed a total of 30 days in any calendar year.

(3) Exceptions. Notwithstanding the provisions of this section, one unit in a Senior Citizen Housing District development may be occupied by a building superintendent or project manager and his/her family.

F. Lot and bulk requirements. The following specific lot and bulk requirements shall apply to development projects within a Senior Citizen Housing District:

(1) The minimum project area shall be 100 acres of land or more, regardless of division of public streets or highways, if all portions are under common ownership.

(2) Open space. At least 40% of the entire tract must be restricted by conservation easement as permanent open space. Any land that has been mapped as a Preservation Overlay Zone will be permanently set aside as open space or otherwise protected. All open space set aside will comply with the standards and requirements set forth in § 240-32(A)(7)(e)[1] through [4].

(3) Maximum residential density. In order to provide flexibility for senior citizen housing options, residential density shall be administered in terms of density units, which shall consist of bedrooms, i.e., one bedroom shall constitute one density unit. Density units, once established by rezoning, may be allocated among a flexible range of housing opportunities and options for senior citizens as set forth in plans submitted with the application to amend the Zoning Map or within any subsequent applications to the Town Board to modify an earlier SCHD designation. The maximum number of density units (bedrooms) for an SCHD project shall be no more than 12 times the number of single-family residential units to which the property might be entitled, as preliminarily determined by the Planning Board, for a "standard plan" residential development as that term is defined in § 240-32A(4)(a) of this chapter. This density unit standard represents a cap or ceiling above which the project would not be eligible to apply for SCHD rezoning, and the Town Board maintains sole and absolute legislative discretion in determining any lesser number of density units.

(4) In the event the Town Board modifies the Zoning Map to establish an SCHD district, the Planning Board shall apply the design standards found in § 240-35 of this chapter as it applies to residential development, with the exception of any provisions that are inconsistent with the standards set forth in this section, and the Planning Board shall use in particular § 240-28, Schedule B4, as it applies to residential development.[2]

[2] Editor's Note: Schedule B4 is attached to this chapter as part of Appendix B.

G. Procedure for establishment.

(1) Application. Petitions for the establishment of a Senior Citizen Housing District by amendment of this chapter shall be made, in writing, to the Town Board after the Planning Board has determined the "standard plan" count. Application shall be made by the owner(s) of the land(s) to be included in the district or by a person or persons possessing written contract or option rights to purchase the lands. In the event that an application is made by a person or persons holding rights to purchase the lands, the application shall be accompanied by a statement signed by all owners of such land indicating concurrence. Upon submission of a complete application, the Town Board shall refer the application to the Planning Board for recommendation.

(2) Application materials. The applicant shall submit a conceptual development plan of sufficient detail as shall be determined by the Town Board. The preliminary plan to be complete shall consist, at a minimum, of the following:

(a) A metes and bounds description of the proposed district.

(b) A survey of the parcel, prepared and certified by a licensed land surveyor.

(c) A map drawn to scale showing existing conditions of the parcel, including:

[1] The name and address of the owner of record and applicant, if different.

[2] The name of the person or firm preparing the map.

[3] The date, North arrow and scale.

[4] The names, addresses and tax map parcel numbers of owners of all parcels within 500 feet of the subject property. Also, mailing labels for all property owners of parcels within 500 feet of the subject parcel(s).

[5] The acreage of the parcel and the county Tax Map number.

[6] The boundaries of the parcel plotted to scale.

[7] The location and width of existing and proposed state, county or Town highways or streets and rights-of-way abutting or within 200 feet of the parcel.

[8] The approximate location and outline of existing structures both on the parcel and within 100 feet of the property line.

[9] The location of any existing storm or sanitary sewers, culverts, waterlines, hydrants, catch basins, manholes, etc., as well as other underground or aboveground utilities within or adjacent to the parcel.

[10] The existing zoning and location of zoning boundaries.

[11] The approximate location and outline of existing water bodies, streams, marshes or wetland areas and their respective classification as determined by the appropriate governmental regulatory body.

[12] The approximate boundaries of any areas subject to flooding or stormwater overflows.

[13] The location and outline of existing vegetation clusters (for a distance of 50 feet onto adjoining property).

[14] The identification of any other significant natural feature.

(d) A proposed preliminary plan, drawn approximately to scale, clearly showing the following:

[1] The approximate location and dimensions of principal and accessory buildings on the site, their relationship to one another and to other structures in the vicinity, as well as the number of dwelling units by housing type and size, plus a calculation of the density units.

[2] The approximate location and dimensions of vehicular traffic circulation features of the site, including proposed roadways, internal driveways, parking and loading areas and proposed access to the site.

[3] The approximate location and nature of pedestrian circulation systems, open space and outdoor recreation areas on the site.

[4] The proposed source of water supply and method of delivery to the site.

[5] A general plan for the collection and disposal of sanitary wastes from the site.

[6] A general plan of proposed stormwater management facilities.

[Amended 10-24-2007 by L.L. No. 4-2007]

[7] Preliminary identification of areas which will be disturbed and areas which will remain undisturbed by project implementation.

(e) A vicinity map showing the proposed use in relation to adjoining uses, transit service, grocery stores, community facilities, social service facilities, medical facilities and pharmacy and religious institutions.

(f) Preliminary architectural treatment of buildings.

(3) Initial review.

(a) In its review of the application, the Town Board may, in lieu of rejection of the application, suggest such changes in the preliminary plans as are found to be necessary or desirable to meet the requirements of this section, to protect the established or permitted uses in the vicinity and to promote the orderly growth and sound development of the community. The Town Board may notify the applicant of such changes and may discuss the changes with the applicant. The suggestion of changes by the Town Board shall not constitute a waiver of its legislative discretion to reject or to deny the rezoning application.

(b) If the Town Board decides to consider such a petition, it shall transmit a copy of the petition, statement and conceptual site plan to the Planning Board for a recommendation and report. The Planning Board must officially respond to the Town Board's request within 90 days, unless the Planning Board requests an extension.

(4) Town Board review.

(a) Upon receipt of a recommendation from the Planning Board, the Town Board may schedule and hold a public hearing. Alternatively, the Town Board may reject the application.

(b) Following completion of the public hearing, the Town Board may act to approve, approve with modifications or conditions, or disapprove the rezoning application in the exercise of its sole legislative discretion. Approval shall result in amendment of the Zoning Map established by this chapter.

(5) Criteria for rezoning to Senior Citizen Housing District. In making findings and in determining whether or not to amend the Zoning Map for an SCHD district, the Town Board shall consider, together with the intent and objectives of this section, whether the proposed district and conceptual development meet the following criteria:

(a) The site shall be served by both public water and public sanitary sewer facilities, and said facilities shall be adequate to accommodate the additional demand placed upon them by the proposed development.

(b) The site shall be well drained, and stormwater generated by development of the site shall not place an undue burden on existing facilities or contribute to downstream flooding.

(c) The site shall be located in an area suitable for the proposed residential density and shall be reasonably free of objectionable conditions such as odors, noise, dust, air pollution, high traffic volumes, incompatible land uses and other environmental constraints.

(d) The site should be located within reasonable proximity to public transportation service, or in the alternative, shuttle bus or other transportation service shall be available to the site.

(e) The site shall be located such that access to the site can be obtained from a public street that meets current engineering standards of the Town with respect to roadway width and alignment and acceptable sight distances can be developed at the site entry/exit and at intersections in the vicinity of the site.

(f) The architectural style of the proposed development, exterior materials, finish and color shall be consistent with the existing community and neighborhood character.

(g) The development of the site shall not produce undue adverse effects on the surrounding neighborhood.

(h) The extent to which the scope and design of the project will establish a worthwhile asset for this segment of the community and the community as a whole.

(6) Time limit on validity of rezoning. Any rezoning permitted by this section shall be null and void and the zoning of the parcel shall revert back to its original zoning classification by a ministerial redesignation on the Official Zoning Map by the Town Clerk, when directed by the Town Board, unless actual construction, pursuant to a valid building permit, is commenced within two years from the date of adoption by the Planning Board of a resolution of site plan approval following the rezoning.

(7) Fee. An application fee shall be charged in the amount provided for in the relevant fee schedule prevailing at the time of application. Actual consultant expenses incurred by the Town at all stages of processing a project under this section shall be defrayed by the petitioner as provided within § 240-88 of this chapter.

H. Site plan approval required. Following rezoning to create a Senior Citizen Housing District, site development plan review and approval by the Planning Board, pursuant to the generally applicable standards and procedures found with § 240-72 of this chapter, shall be required prior to the issuance of a building permit for development of any lot in a Senior Citizen Housing District.

I. Conformity to preliminary plan required. The Planning Board shall not approve any site development plan within a Senior Citizen Housing District unless said Board finds that the site plan is in substantial conformance with the preliminary plan that served as the basis for the zone change to a Senior Citizen Housing District.

[1] Editor's Note: Section 3 of L.L. No. 7-2016 stated that § 240-36 would remain in effect for the purpose of review of senior citizen housing district applications for which a preliminary plan had already been submitted and written acceptance of the application as viable for review of the project had already been given, and that in the event of final approval said projects would be deemed conforming uses under the LaGrange Town Code. The entirety of L.L. No. 7-2016 is on file and available for review in the Town offices.

§ 240-36.1 Alternative Senior Citizen Housing Districts.

[Added 12-28-2011 by L.L. No. 6-2011]

[NOTE: Section 240-36.1 is repealed effective upon the adoption of Town of LaGrange Local Law No. 7-2016, with the exceptions to repeal that are identified within Section 4 of said Local Law No. 7-2016.[1]] [Added 12-14-2016 by L.L. No. 7-2016]

A. Statement of intent. The Alternative Senior Citizen Housing District (ASCHD) is established as an alternative to both § 240-36 for Senior Citizen Housing Districts and § 240-33 for Planned Development District. It is established to allow potential amendment of the Zoning Map to provide additional housing opportunities and options for senior citizens in the Town of LaGrange. It is the intent of this section to:

(1) Make possible, as deemed suitable by the Town Board in the exercise of its legislative discretion, the development on a single site of senior citizen detached individual housing facilities, including supporting recreational and social services located on the same site;

(2) Ensure that such developments include services and facilities to accommodate senior citizen resident needs;

(3) Provide for recreational and social services which may include, but are not limited to, on-site health-care counseling and education, on-site community center/clubhouse, transportation services to health-care facilities, accessory retail shopping, and social service facilities that will contribute to the independent living and welfare of senior citizens;

(4) Limit such detached individual housing facilities to placement on one lot with privately owned and maintained internal passageways for vehicular and pedestrian circulation and parking; and

(5) Minimize detrimental effects on other properties.

B. Objectives. The specific objectives of this section are to:

(1) Consider housing options on appropriate sites for senior citizens in order to give such residents the opportunity to remain in the community in detached dwellings which are close to family and friends;

(2) Consider development of such housing that includes supporting social service facilities on the same site;

(3) Consider appropriate additional recreational and other facilities on the same site that will contribute to the independence and meaningful activity of senior citizens;

(4) Promote the safety, convenience and sense of independence of senior citizens through site design and housing unit design entailing detached dwellings;

(5) Create flexible regulation of site layout, design, nature and density of senior housing developments.

C. General provisions.

(1) An Alternative Senior Citizen Housing District (ASCHD) is a floating zone created by amendment of the Town's Official Zoning Map through exercise by the Town Board of the procedures set forth in this section. Such floating zone may be located in the R40-60-80 zone.

(2) In an Alternative Senior Citizen Housing District, no building, structure, premises or part thereof shall be used or occupied and no building or structure or part thereof shall be erected, enlarged, converted or altered unless consistent with this section.

D. Permitted uses.

(1) Principal uses. The following uses are permitted in an Alternative Senior Citizen Housing District subject to site plan approval from the Planning Board:

[Amended 5-23-2018 by L.L. No. 6-2018]

(a) Senior citizen housing residences consisting of detached single-family dwellings, excluding mobile homes, located on one lot; and

(b) Supporting social service and recreational services on the same site as the senior citizen housing residences.

(2) Accessory uses. The following accessory uses are permitted in an Alternative Senior Citizen Housing District subject to site plan approval by the Planning Board:

(a) Accessory uses including buildings and facilities that are reasonably necessary to meet the proper maintenance, administration, security, off-street parking, storage, fencing and utility system needs of the development;

(b) The following accessory uses are mandatory and shall constitute facilities for use by residents of the development and their guests, and which may also be used for other residents in the community:

[1] A community center/clubhouse including meeting rooms, multipurpose rooms, lounges, lobby areas, lounge areas, public bathrooms, and similar common spaces such as exercise rooms, libraries or other similar indoor recreation or leisure facilities;

[2] Outdoor sitting areas, walking trails, or other similar passive outdoor recreation or leisure facilities.

(c) The following accessory uses are permitted in nonresidential buildings, provided that such facilities are managed as part of the building or complex of buildings for use by residents of the building or building complex and their guests, and further provided that there are no external advertising signs for such facilities:

[1] A common kitchen and dining room;

[2] A beauty shop and/or barber shop;

[3] A self-service laundry;

[4] A convenience shop for daily needs such as food items, prescription and nonprescription drugs, newspapers and small household items and similar items;

[5] A coin-operated vending machine room;

[6] Office space for a facility manager, programs coordinator, medical infirmary or clinic or delivery of social services.

E. Occupancy restrictions.

(1) Occupancy of dwellings within an Alternative Senior Citizen Housing District shall be for residential purposes only. Occupancy restrictions shall be the subject of restrictive covenants filed of record with the Clerk of Dutchess County and which are enforceable by the owner(s) of the underlying real property. As a condition of any approvals, the owner(s) shall be obligated to the Town to enforce the occupancy restrictions. The restrictive covenants shall be subject to review and approval by the Town as a condition of any approvals. At a minimum, the restrictive covenants shall include a clause entitling the owner(s) to recover attorneys' fees incurred in efforts to enforce violations of the restrictive covenants. As a condition of approvals by the Town, any ground leases of real property to dwelling owners or occupants shall include all of the occupancy restrictions set forth below in this subsection, and shall provide that violations of any occupancy restriction shall be a basis for the termination of the ground lease and that the landlord under the ground lease shall be entitled to recover reasonable attorneys' fees in proceedings necessary to effect the termination and/or to recover possession of the real property. The form of ground lease instrument shall be subject to review and approval by the Town as a condition of any approvals. Occupancy shall be limited to senior citizen families and individuals as set forth below:

[Amended 12-14-2016 by L.L. No. 7-2016]

(a) A single person 55 years of age or older;

(b) Two or more persons all of whom are 55 years of age or older;

(c) A married couple or other couple in a committed life-partner relationship, in which one of the persons in the relationship is 55 years of age or older;

(d) Children residing with a parent who is 55 years of age or older, provided that any such child is over the age of 18;

(e) The surviving spouse or partner of a person 55 years of age or older, provided that the surviving spouse or partner was a resident at the time of the death of the spouse or partner;

(f) One adult 18 years of age or older residing with a person who is 55 years of age or older, provided that the younger adult is essential to, and actually serves, the long-term care of the senior citizen.

(2) Temporary occupancy.

(a) The surviving child of a person 55 years of age or older may continue to reside in the development for a period of six months following the death of the person 55 years of age or older, provided that such child was residing in the development at the time of the older person's death.

(b) Temporary occupancy by guests shall be permitted, provided that such occupancy does not exceed a total of 30 days in any calendar year.

(3) Exceptions. One unit in an Alternative Senior Citizen Housing District development may be occupied by a building superintendent or project manager or person with a similar title and his or her family.

F. Lot and bulk requirements. The following specific lot and bulk requirements shall apply to the development projects within an Alternative Senior Citizen Housing District:

(1) The minimum project area shall be 35 acres.

(2) Open space.

(a) At least 40% of the entire tract must be restricted by conservation easement as permanent open space; provided, however, that such percentage may be reduced by the Town Board to a lower percentage upon findings made by the Town Board that:

[1] An adequate offer of contribution to the Town of land for open space in an acceptable location and size and in close proximity to the proposed project;

[2] If land contribution pursuant to Subsection F(2)(a)[1] above is not available, an adequate offer of monetary contribution to the Town by the project sponsor has been made to be utilized for the alternative acquisition of open space at another location in the Town deemed suitable by the Town Board; or

[3] A combination of land and monetary contributions pursuant to Subsection F(2)(a)[1] and [2] above.

(b) The discretionary reduction of on-site open space, in favor of contribution of other open space land, or monetary contribution to acquire other open space land, shall take into consideration, in addition to such other factors as the Town Board finds relevant and important to any particular proposal:

[1] The extent to which either alternative form of contribution furthers any official open space policy or plan of the Town which identifies desirable areas for open space protection;

[2] The proximity to the subject site of existing municipal recreational lands or private lands encumbered by covenants tending to preserve open space;

[3] Whether the subject site enjoys existing, but unexercised, land use development approvals and the extent of open space preservation forming a part of those existing land use approvals; and

[4] Whether the subject site includes significant bodies of water, or similar features, which contribute to a sense of open space although not constituting physical land which is capable of development rather than serving as open space.

(3) Maximum residential density. The maximum number of dwelling units (density) shall be four dwelling units per acre. Total acreage, without subtracting for wetlands, flood areas or steep slopes or other constrained conditions shall be used for purposes of computing maximum permissible density. Dwelling units may include up to but are not to exceed three bedrooms per dwelling unit.

(4) The Planning Board shall have full flexibility and authority to approve a site plan subject only to such specific lot and bulk requirements as are set forth in this section. All other lot and bulk requirements for such site plan shall be as determined by the Planning Board to be appropriate for the design of an attractive and safe development consistent with the purposes of this section.

[Amended 5-23-2018 by L.L. No. 6-2018]

(5) In addition to the density limitation of not more than four dwelling units per acre, there shall be a minimum of 6,000 square feet of leased land area per dwelling unit. The front of each dwelling unit and accessory building shall have a minimum separation from the lease lines of any other portion of the property on which a dwelling unit is located of 20 feet. The rear of each dwelling unit and accessory building shall have a minimum separation from the lease lines of any other portion of the property on which a dwelling unit is located of 20 feet. The sides of each dwelling unit and accessory building shall be a minimum of 7.5 feet from the lease lines of any portion of the property on which a dwelling unit is located. Measurements shall be from the foundation line. The project shall have maximum building coverage of 25% and a maximum impervious land cover of 40%. Such percentages shall be computed based on the entire parcel referred to as the parent parcel.

G. Procedure for establishment.

(1) Petitions for the establishment of an Alternative Senior Citizen Housing District by amendment of this chapter shall be made in writing to the Town Board. Applications shall be made by the owner or owners of the land proposed to be included in such district or by a person or persons possessing written contract or option rights to purchase such lands. In the event that an application is made by a person or persons holding contract or option rights to purchase the lands, the application shall be accompanied by a statement signed by the owner or owners granting authority on the part of such applicant to make the application. Upon submission of a complete application, the Town Board shall refer the application to the Planning Board for recommendation.

(2) Application materials. The applicant shall submit a conceptual development plan of sufficient detail as shall be determined by the Town Board. The conceptual development plan shall consist, at a minimum, of the following:

(a) A metes and bounds description of the proposed district;

(b) A survey of the land prepared and certified by a licensed land surveyor;

(c) A map drawn to scale showing existing conditions of the parcel, including:

[1] The name and address of the owner of record and, if the applicant is not the owner, then also the applicant;

[2] The name of the person or firm preparing the plan;

[3] The date, north arrow and scale of the plan;

[4] The names, addresses and tax map parcels of owners of all parcels within 500 feet of the subject property. The applicant shall include mailing labels for all property owners of parcels within 500 feet of the subject parcel;

[5] The acreage of the parcel and the tax number or numbers;

[6] The location and width of existing and proposed state, county or town highways or streets and rights-of-way abutting or within 200 feet of the parcel;

[7] The approximate location and outline of existing structures both on the parcel and within 100 feet of the property line;

[8] The location of any existing storm or sanitary sewers, culverts, water lines, hydrants, catch basins, manholes and other visible infrastructure as well as other utilities within or adjacent to the parcel;

[9] The existing zoning of the parcel;

[10] The approximate location and outline of existing water bodies, streams, marshes or wetland areas and their respective classification as determined by the appropriate governmental regulatory body;

[11] The approximate boundaries of any areas subject to flooding or stormwater overflows;

[12] The location and outline of existing vegetation clusters (for a distance of 50 feet onto adjoining property);

[13] The identification of any other significant natural features.

(d) The conceptual development plan, drawn approximately to scale, shall clearly show the following:

[1] The approximate location and dimension of proposed principal and accessory buildings on the site and their relationship to one another, and to other structures in the vicinity, as well as the number of dwelling units by housing type and size;

[2] The approximate location and dimensions of vehicular traffic circulation features of the site, including proposed roadways, internal driveways, parking and loading areas, and proposed access to the site;

[3] The approximate location and nature of pedestrian circulation systems, open space, and outdoor recreation areas on the site;

[4] The proposed source of water supply and method of delivery to the site;

[5] A general plan for the collection and disposal of sanitary waste from the site;

[6] A general plan of proposed stormwater management facilities;

[7] Preliminary identification of areas which will be disturbed and areas which will remain undisturbed by project implementation.

(e) A vicinity map showing the proposed use in relationship to adjoining uses, transit services, food stores, community facilities, social service facilities, medical facilities and pharmacy and religious institutions.

(f) Preliminary architectural treatment of buildings.

(3) Initial review.

(a) In its review of the application, the Town Board may suggest such changes in the conceptual plan as are found to be necessary or desirable by the Town Board in order to meet the requirements of this section. The Town Board may notify the applicant of such changes and may discuss such changes with the applicant. The suggestion of changes by the Town Board shall not constitute a waiver of its legislative discretion to reject or deny the rezoning application;

(b) If the Town Board decides to consider such a petition, it shall transmit a copy of the petition and conceptual development plan to the Planning Board for a recommendation and report. The Planning Board shall respond to the Town Board's request within 60 days, unless the Town Board agrees to an extension of such time.

(4) Town Board review.

(a) Upon receipt of a recommendation from the Planning Board, the Town Board may schedule and hold a public hearing. Alternatively, the Town Board may reject the application.

(b) Following completion of the public hearing, the Town Board may act to approve, approve with modifications or conditions, or disapprove the rezoning application in the exercise of its sole legislative discretion. Approval shall result in amendment of the Zoning Map established by this chapter.

(5) Criteria for rezoning to Alternative Senior Citizen Housing District. In determining whether or not to amend the Zoning Map for an ASCHD, the Town Board shall consider, together with the intent and objectives of this section, whether the proposed district and conceptual development plan meet the following criteria:

(a) The site shall be served by both public water and public sanitary sewer facilities and such facilities shall be adequate to accommodate the additional demand placed upon them by the proposed development;

(b) The site shall be well drained and stormwater generated by development of the site shall not place an undue burden on existing facilities or contribute to downstream flooding;

(c) The site shall be located in an area suitable for the proposed residential density and shall be reasonably free of objectionable conditions such as odors, noise, dust, air pollution, traffic volumes beyond the capacity of the existing road system or proposed road improvements, and other environmental constraints;

(d) The site shall be located in a manner that allows access to the site from a public street that meets current engineering standards of the Town with respect to roadway width and alignment, and acceptable sight distances can be developed at the site entry/exit and at intersections in the vicinity of the site;

(e) The architectural style of the proposed development, exterior materials, finish and color shall be consistent with the character of a one-family residential neighborhood;

(f) The development of the site shall not produce undue adverse effects on the surrounding neighborhood;

(g) The extent to which the scope and design of the project will establish a worthwhile asset for this segment of the community and the community as a whole.

(h) Provide benefits that serve the Town of LaGrange in addition to service of the site itself, including, but not limited to dedication of areas on the site for public use, public sanitary sewer facilities sufficient to serve or be expanded to serve neighboring off-site residences having existing sanitary sewer problems, and social service facilities, including health facilities sufficient to serve not only the development but the surrounding neighborhood.

(6) Time limit on validity of rezoning. Any zoning permitted by this section shall be null and void and the zoning of the parcel shall revert back to its original zoning classification by a ministerial designation on the Official Zoning Map by the Town Clerk, when directed by the Town Board, unless actual construction, pursuant to an approved site plan and a valid building permit, is commenced within two years from the date of adoption by the Planning Board of a resolution of site plan approval following the rezoning.

(7) Fee. An application fee shall be charged in the amount provided for in the relevant fee schedule prevailing at the time of application. Actual consultant expenses incurred by the Town at all stages of processing a project under this section shall be defrayed by the applicant as provided within § 240-88 of this chapter.

(8) Site plan approval. Following a zoning amendment to create an Alternative Senior Citizen Housing District, site plan review and approval by the Planning Board, subject to the flexible standards set forth in this section, shall be required prior to the issuance of a building permit for development. All site plan standards set forth in this chapter shall be applicable except as otherwise provided in this section. Site plan approval shall include a determination of the required layout and composition of internal passageways for vehicular and pedestrian circulation and parking. The Planning Board, in consultation with the Town Engineer, shall authorize such internal passageways for vehicular and pedestrian circulation and parking as provide for safe, adequate and convenient vehicular and pedestrian circulation and parking. The Highway Superintendent shall be consulted by the Planning Board to review and make recommendations on any direct public safety impacts related to the design, layout and composition of the proposed internal passageways proximate to their intersections with public highways. The site plan approval may authorize alternative building layouts within each leased land area, provided, however, that any such alternative building layout must be in compliance with the provisions of this section, including, but not limited to, the density, bulk and area requirements of this section.

[Amended 5-23-2018 by L.L. No. 6-2018]

(9) Conformity to conceptual development plan. The Planning Board shall not approve any site plan within an Alternative Senior Citizen Housing District unless said Board finds that the plan is in substantial conformance with the conceptual development plan that was submitted to the Town Board and that served as the basis for the zone change to an Alternative Senior Citizen Housing District.

[Amended 5-23-2018 by L.L. No. 6-2018]

[1] Editor's Note: Section 4 of L.L. No. 7-2016 stated that § 240-36.1 would remain in effect for the purpose of review of alternative senior citizen housing district applications for which a preliminary plan had already been submitted and written acceptance of the application as viable for review of the project had already been given, and that in the event of final approval said projects would be deemed conforming uses under the LaGrange Town Code. The entirety of L.L. No. 7-2016 is on file and available for review in the Town offices.

§ 240-37 Planned Office District.

A. Purpose; conflict with other provisions.

(1) The Planned Office (PO) District is intended to provide a focal point for office development, such as in an office campus environment with streets lined with sidewalks, with high proportions of open space and with high proportions of site amenities, including landscaping and building architecture that complements the visual appearance of the location. The major objectives of the PO District are:

(a) To provide a location for economic development through the planned integration of clustered office uses (in an office campus setting) and supporting ancillary uses serviced by public water and sewers.

(b) To facilitate economic development within the Town that is compatible with adjacent uses and that includes specific landscaping, circulation, parking, signage, utility and architectural standards.

(c) To preserve natural resources and open space.

(2) The provisions of this section, when in conflict, shall take precedence over other sections of the Zoning Law.

B. Location of PO District. As per § 240-22, the location of the PO District is shown on the map entitled "Zoning Map of the Town of LaGrange," adopted and certified by the Town Clerk.

C. Permitted uses and specially permitted uses applicable in this district are set forth in § 240-27, Schedules of Permitted Uses and Special Permit Uses, included at the end of this chapter.

D. Bulk requirements. The lot area, building location, bulk and other area and dimensional standards applicable in this district are set forth in § 240-28, Schedule of Bulk Regulations and Coverage Limitations, included at the end of this chapter.

E. Planning Board review of projects in PO District.

(1) The design standards of this section are intended to provide guidance to the Planning Board in its review of projects within the PO District. It is the intent of these standards to provide the Planning Board and applicants with guidance as to favored forms and principles of site design.

(2) The following terms have meanings as follows:

(a) The word "shall" means the standard is mandatory;

(b) The words "should" or "may" mean the standard is recommended and its application is optional at the discretion of the Planning Board.

(3) The Planning Board may, in its discretion, vary any site plan requirements contained in § 240-37 to assure substantial compliance with the intent of this provision while relieving the applicant of undue or oppressive burden or hardship in obtaining approval. Modification of those standards that are mandatory shall be accompanied with written finding that such modifications are warranted and the reasons.

[Amended 5-23-2018 by L.L. No. 6-2018]

(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 § 240-37H.

F. Landscaping plan. Any application within the PO District shall include a master landscape plan that identifies existing and proposed landscape features (notable natural resources, such as wetlands, ledges, steep slopes, etc., and notable man-made features, such as stone walls, etc.). The quantity, location, size and types of existing vegetation shall be provided, as shall the location, size, and type of existing vegetation to be retained and the proposed vegetation to be planted. Guidelines for their maintenance and upkeep shall also be provided.

G. Procedure. The applicant for a proposed office use shall apply to the Planning Board for, and obtain approval of, a detailed site plan pursuant to § 240-72. The Planning Board may require the petitioner to submit further or more detailed specifications for particular aspects of the proposed development. The Planning Board shall review such site plan and detailed specifications in accordance with the standards in § 240-72.

[Amended 5-23-2018 by L.L. No. 6-2018]

H. Standards and criteria. The following standards and criteria shall apply to all PO developments:

(1) Open space. Usable open space, meaning land excluding wetlands, floodplain or slopes and also excluding parking, roads, driveways, buildings and structures, shall be available for tenants. This open space area shall be a minimum of 35% of the gross lot area, designated either through a conservation easement or fee simple open space dedication.

(2) Parking and loading. The provisions of § 240-42, Off-street parking, loading and driveway standards, shall apply except when the Planning Board may approve a lesser parking requirement if, after considering the proposed use and after receiving a traffic impact analysis that discusses the trip and parking generation rates anticipated at the site, the Planning Board finds that the availability of other parking in the area and/or other relevant factors make a lesser requirement appropriate. Shared parking between uses is permissible at the discretion of the Planning Board.

(3) Access and circulation. The provisions of § 240-72F(1) shall apply.

(a) The streets shall be designed, constructed, and maintained according to Chapter 199, Streets and Sidewalks, of the Town of LaGrange Code.

(b) Provisions shall be made for pedestrian travel within the development and shall provide for connections with existing or planned pedestrian systems or allow for future extensions to activity centers outside the development (i.e., parks, shopping areas, pedestrian and/or bicycle trail networks, etc.). Sidewalks shall be required along property frontage and along at least one side of any private road or main driveway on the site. No sidewalks shall be required on the side of a street without any buildings or driveways.

(c) Sidewalk style. At the discretion of the Planning Board, sidewalks may be provided in the proposed rights-of-way or outside them, such as in a meandering path system that connects key features within and adjacent to the development.

(4) Screening and landscaping. The provisions of § 240-72F(8) shall apply.

(a) A landscaped area shall be provided along both sides of all streets within the PO District. Within the landscaped area, one shade tree (minimum of three-inch caliper diameter at four feet in height) should be provided per every 30 linear feet to 35 linear feet.

(b) Street trees are a major means of providing a pedestrian amenity as well as visual coherence. Property owners shall have responsibility for planting and maintaining trees along street frontage(s) within the public right-of-way. Street trees should be tolerant of winter conditions, especially salt and sand deposited with snow removal. Trees specified should also be drought tolerant. Mulched tree wells should be placed around the base of each tree for protection and moisture retention.

(c) Visibility. Street-level landscaping shall not interfere with visibility and safety. Shrubbery adjacent to streets shall be no higher than three feet above existing street grades, nor shall any tree with foliage have foliage that extends below 10 feet. All landscaping (trees, shrubs, planted beds) shall be carefully planned and restricted within 20 feet of any street intersection or 10 feet of driveway/street intersections in order to achieve the purpose of maintaining visibility at all times.

(d) Where parking lots and drives abut the landscaped strip along a street right-of-way, evergreen shrubs and/or a three-foot stone wall, as approved by the Planning Board, should be provided for screening. Evergreen screening should use plant species that are a minimum of three feet and a maximum of six feet high, extending along the entire street frontage for the length of the parking lot and/or drive, exclusive of the aforementioned driveway and street visibility lines.

(e) Maintenance of landscaping within the public right-of-way shall be the responsibility of the property owner.

(f) A buffer of 100 feet shall be required where a lot in this district abuts residentially zoned land. This required buffer shall be densely planted with more than one row of a coniferous species, approved by the Planning Board, with offset and overlapping rows, and provide screening approaching at least 70% year round. The permanent screen may also consist of a masonry wall, wood fence, earthen berm, other landscaping material, or combinations thereof, at least six feet in height and, when a fence is used, not to exceed six feet in height. When landscaping is used a minimum height of six feet shall be achieved within four full growing seasons. In the event a masonry wall or wood fence is used, landscaping shall be placed between the wall or fence and the property line to form an ornamental screen. If wood fencing is used, it shall be durable in nature, treated to prevent rapid deterioration, and installed with both sides finished. The required screening and landscaping shall be maintained in good order and not allowed to exist in a state of disrepair or death. Failure to maintain the required screening and landscaping shall be considered a violation of this chapter.

(g) The applicant may request or the Planning Board may recommend and approve less stringent screening and landscaping requirements if, after considering topography, surrounding uses and other relevant factors, less stringent screening and landscaping requirements are deemed appropriate.

(5) Outdoor deposit. The provisions of § 240-72F(7) shall apply.

(6) Drainage. The provisions of § 240-72F(2) shall apply. In addition, it is allowable to provide on-site drainage within open space, provided that any stormwater management facilities above or below the ground are designed compatible with the open space and do not constitute more than 10% of the total open space area.

[Amended 10-24-2007 by L.L. No. 4-2007]

(7) Signs. The provisions of § 240-43 shall apply.

(a) Signs shall be consistent with proposed building architectural treatment, with similar building materials and colors.

(b) Different buildings or uses should attempt to use the same signs, and there should be an attempt to provide for similar-size shapes and colors on the signs within a development in order to achieve architectural coherence.

(c) The Planning Board may allow public purpose directional signs, provided that they are located on the first floor only.

(8) Lighting. The provisions of § 240-72F(6) shall apply.

(a) Outdoor signs should be lit from above, with the light directed onto the sign. Signs in this district shall not be lit internally.

(b) Parking lot, pedestrian area and driveway fixtures shall not exceed 12 feet high.

(c) Streetlights should be on a human scale, with heights not to exceed 15 feet.

(d) All light fixtures should be fully shielded and downward-directing to reduce glare and unnecessary spillage.

(e) Lighting emissions from any development should not extend beyond the site boundaries.

(f) Metal halide lighting should be used in parking lots, in pedestrian areas, and on streets wherever possible. Accent lighting or decorative lighting is encouraged but should be of a low wattage (less than 150 watts) and should not cast light upward.

(9) Architecture. The provisions of § 240-72F(11) shall apply to all developments within the PO District. Additional architectural standards are provided herein to ensure that future development within the PO District maintains and enhances the character and scale of the surrounding community.

(a) New office buildings shall incorporate noticeable, distinguishing architectural elements on the first floor, such as bays, columns, and divided windows, in order to appear as several smaller sections, rather than one continuous, uninterrupted facade.

(b) Buildings should incorporate visual separation between the lower facade and the upper facade, as this creates a strong orientation toward the pedestrian scale. Some design elements that are successful in creating this separation include utilizing canopies, varying textures, and varying window patterns.

(c) Exterior materials should be durable and of high quality. On facades that are easily visible from any street, synthetic materials such as vinyl siding or concrete block are inappropriate. Concrete block and glass (except in windows and doors) should be avoided. Traditional materials such as wood, brick, stucco, and fieldstone should be used whenever possible for new construction.

(d) Roof design should be functional and in scale and character with the building and neighborhood. Flat roofs are discouraged. Roofs should not make up any more than 25% of the visible facade area of the building. The cornice, parapets and dormers are areas where architectural detail and materials are important, as they can add distinctiveness and visual emphasis to a building.

(e) Entrances should be articulated and oriented toward the primary street. Architectural detail should be incorporated into the ground facade in order to create an easily identifiable entrance. Landscaping may also be provided in order to articulate the primary building entrance.

§ 240-38 Hamlet District.

A. Purpose; conflict with other provisions.

(1) Consistent with the 2005 Town of LaGrange Comprehensive Plan, the intent of the Hamlet (H) Zoning District is to promote the historic character and scale of the LaGrangeville, Billings, and Moores Mills crossroad hamlet areas, typified by a traditional village development pattern, including buildings of a modest size and scale, laid out with a defined pattern of streets, alleys, and driveways, while allowing a limited range of residential, commercial, and public uses. The District permits small-scale mixed-use developments, interspersed with residential uses, in a traditional neighborhood form within a residential setting. Retail uses are limited to the ground floor, with building massing provided close to the frontage, reflective of traditional village settings. An emphasis is on the achievement of a pedestrian scale on the reuse and preservation of existing buildings, particularly historic structures, and on achieving limited infill development that complements and is compatible with adjacent land uses.

(2) The provisions of this section, when in conflict, shall take precedence over other sections of the Zoning Law.

B. Design principles. The primary objective of the H District is to promote traditional, hamlet-style design in the historic hamlets and mill villages of the Town. New buildings should relate to the historical and architectural character of these "mini-hamlet" areas as well as enhance the streetscape and unique aesthetic qualities that currently exist. Specifically, the design principles for the H District are to:

(1) Provide a limited mix of housing and small business opportunities in the historic hamlets.

(2) Encourage infill development and the reutilization of existing buildings, particularly those with historic or architectural significance.

(3) Allow buildings by the sidewalk and street edge (building line), especially along alleys and local roads.

(4) Promote pedestrian activity through a safe and walkable environment.

(5) Create tree-lined streets that are aesthetically pleasing, where feasible.

(6) Provide alleys, where feasible, as a means to provide adequate access and circulation within a hamlet, while also providing for and promoting slow traffic speeds and some compatible landscaping.

(7) Minimize the visual impact of the automobile by focusing site design on the central role of building, landscaping, open space, and other amenities, such as recreation areas, and thereby manage the placement of parking areas, such as providing these in the rear of buildings and screening these from view with landscaping.

(8) Create an interconnected street system for both pedestrian and vehicular traffic.

(9) Encourage the development of both on-street parking on local roads and shared parking between nearby uses.

(10) Provide diverse housing options.

(11) Protect important natural and historic features.

C. Location of H Districts. As per § 240-22, the location of the H Districts is shown on the map entitled "Zoning Map of the Town of LaGrange," adopted by the Town Board.

D. Schedule of Permitted Uses. The schedule of permitted uses and specially permitted uses for the H District is found in § 240-27, in Schedules A1, A2 and A3, Permitted Uses and Special Permit Uses.[1]

[Amended 9-10-2014 by L.L. No. 4-2014]

[1] Editor's Note: Schedules A1, A2 and A3 are attached to this chapter as Appendix A.

E. Bulk requirements for H Districts. The bulk requirements for the H Districts are found in § 240-28, Schedule B2, Schedule of Bulk Regulations and Coverage Limitations, Nonresidential.[2]

[Amended 9-10-2014 by L.L. No. 4-2014]

[2] Editor's Note: Schedule B2 is attached to this chapter as part of Appendix B.

F. Planning Board review of projects in the H District.

(1) Prior to submitting a formal application under this section, it is strongly encouraged that the applicant request a preapplication meeting with the Planning Board, Town Planner, Town Engineer, and Zoning Administrator, at which point there should be a discussion of the design objectives of the District, along with identification of the design and engineering considerations of the site and the adjacent neighborhood (review feature, such as existing patterns of settlement, including buildings, roads, open space, and other natural resource features, with identification of key features of the environment, such as, but not limited to, recreational amenities, wetlands, stone walls, etc.).

(2) The design standards of this section are intended to guide the Planning Board in its review of projects within the H District. It is the intent of these standards to provide the Planning Board and applicants with a framework as to favored forms and principles of site design.

(3) The following terms have meanings as follows:

(a) The word "shall" means the standard is mandatory;

(b) The words "should" or "may" mean the standard is recommended and its application is optional at the discretion of the Planning Board.

(4) The Planning Board is empowered to require a mix of uses in any H development project. In no case may a parcel have more than five individual dwelling units or 12 bedrooms within a single multifamily structure. In the cases where a multifamily unit is proposed, the Planning Board shall consider the amount of usable open space provided on the site or the usable public open space in the vicinity, and it shall attempt to provide 100 square feet of usable open space per bedroom or 10% of a lot as usable open space on site, unless the Planning Board finds that there is an acceptable and satisfactory public park or open space in the vicinity.

(5) The developer shall provide assurance satisfactory to the Planning Board that there will be adequate long-term management and maintenance of all water and sewer facilities serving the site.

(6) The Planning Board may, in its discretion, vary any site plan requirements contained in § 240-38 to assure substantial compliance with the intent of this provision while relieving the applicant of undue or oppressive burden or hardship in obtaining approval. Modification of those standards that are mandatory shall be accompanied with written finding that such modifications are warranted and the reasons.

[Amended 5-23-2018 by L.L. No. 6-2018]

(a) 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 § 240-38B.

(7) Except for applications involving a one- or two-family residence, the submission for development plan approval or special permit shall include a master landscape plan for the site, identifying the quantity, location, size, and types of existing vegetation and identifying that which is to be retained, proposed plantings, details, and the planting methods.

G. Design standards. The following are the specific standards for the H Districts:

(1) Street standards.

(a) Streetscape standards.

[1] The street network should follow a generally rectilinear pattern. In addition, there should be consideration of the street layout as it connects to county and state roads in order to provide for access management.

[2] Streets shall be designed to:

[a] Respect and follow existing terrain as much as possible, to minimize earth moving and disruption of the existing topography.

[b] Be parallel to and preserve existing tree lines, hedgerows, stone walls, and watercourses, with an attempt to minimize disruption to these features.

[c] Minimize the acreage devoted to internal (grid) streets. As a general rule, new local two-way roads should be 44 feet wide, constructed as follows: a travel way of 20 feet; two four-foot shoulders; two three-foot landscaped strips; and two five-foot sidewalks. Alleys may be provided at a lesser standard, provided that alleys are introduced in order to augment an existing pattern of access by roads and driveways and/or in order to further a design objective, such as providing a means for vehicular access to the rear of a building. The minimum alley width shall be 20 feet.

[d] Minimize alteration of natural, cultural, or historic features.

[e] Be aligned, where possible, so that the "terminal vista" is of civic buildings, greenway land (greens, commons, squares, or parks), or natural vistas or other visual amenities.

[f] Promote ready and safe pedestrian movement, including pedestrian through connections between streets using sidewalks and trails when culs-de-sac are proposed.

[g] Calm traffic speeds, such as through the provision of complementary landscaping, including but not limited to street trees.

[h] Intersect at right angles whenever possible, with preservation of adequate site lines (triangles) at the intersection.

(b) Sidewalks.

[1] Sidewalks shall be no less than five feet wide and shall be ADA compliant.

[2] Sidewalks shall be constructed of paving brick, concrete, concrete pavers, or concrete with brick paver borders. Asphalt shall not be used.

[3] Sidewalks shall create a linked network of walkways connecting different uses, such as businesses and residences, with parks or open space.

[4] On low-traffic or one-way streets, sidewalks should be placed next to parallel parking areas.

(c) Hamlet streetscape landscaping.

[1] Street tree landscaping shall be provided along both sides of streets, unless there is an alley proposed that in the Planning Board's judgment should be provided with a lesser standard for street trees, including no street trees at all.

[2] There should be one shade tree (minimum of three-inch caliper at four feet in height) provided per every 30 linear feet to 35 linear feet of street frontage. Existing street trees that are judged to be healthy or otherwise deserving of protection should be preserved to the maximum extent possible.

[3] Street trees should be tolerant of salt and sand deposited with snow removal and drought tolerant, should cast moderate shade in summer, and should be of a type that branches at least eight feet above ground level.

[4] Property owners shall have responsibility for planting and maintaining trees along street frontage(s) within the Town's right-of-way.

(d) Lighting. Streetlights shall be no more than 10 feet to 15 feet in height and utilize a downward facing fixture that channels light onto the street and sidewalk and should be located in such a manner as to prevent objectionable light and glare. Metal halide lighting is preferred.

(e) On-street parking.

[1] At the discretion of the Planning Board, on-street parking and parking proposed to be shared among multiple uses may count toward the minimum number of parking spaces required for the use on the lot.

[2] On-street parking spaces shall be designed as parallel to the curb on one or both sides of the street, with landscaped breaks 10 feet wide every 200 feet.

[3] On-street parking spaces shall measure eight feet wide by 22 feet long.

(2) Site standards.

(a) Site development.

[1] Multiple buildings and uses are permitted on a lot in the H District.

[2] The maximum nonresidential square footage per structure shall equal 50% of the structure's total square footage, or not more than 2,500 square feet, whichever is less. Multiple buildings and uses are permitted on a lot in the H District.

[3] The maximum building footprint per structure is 5,000 square feet.

[4] Connections between parking lots situated to the rear and the retail frontage are desirable. Wherever practical, sidewalks and/or walkways should be available to enable pedestrians to safely move from parking located in the rear of the building to the street front, and where applicable, through-store passages should also be provided.

[5] The ground floor should reinforce retail continuity along specified street frontages. The frequency of store entrances along streets is important in maintaining retail continuity and viability. In new buildings, a maximum distance of 40 feet between individual store entrances is encouraged.

[6] The second and third stories of buildings may be used for a mix of residential, commercial, and/or office space.

[7] Nonresidential buildings shall have a maximum front yard setback of 10 feet, to encourage an interesting pedestrian environment.

[8] Balconies, bay windows and cornice features, and open porches are encouraged and may extend up to five feet into the front yard setback.

[9] The Planning Board may waive height and setback requirements for landmark civic buildings, including government buildings and churches.

[10] A variety of housing types from single-family houses to very small multifamily apartments are permitted, with an overall density of up to seven dwelling units per acre. Housing above ground-floor retail and/or commercial uses is encouraged.

[11] Development density is predicated upon the provision of safe and adequate on-site (on-lot) sanitary wastewater (septic) systems or public sewer systems as defined in § 240-112. Any proposal shall comply with the site plan standard for sanitation [§ 240-72F(4)].

[Amended 5-23-2018 by L.L. No. 6-2018]

[12] New developments should make use of existing structures wherever possible and desirable, as determined necessary by the Planning Board. Rehabilitation of historic structures should be conducted in conformance with the Secretary of the Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings.

(b) Driveways and parking.

[1] Parking lots and garages shall be located to the rear of a building wherever possible.

[2] In order to facilitate fewer curb cuts, shared driveways should be encouraged. Provisions satisfactory to the Planning Board shall be made with respect to the ownership, use, operation, and maintenance of all common driveways. Such responsibilities shall be documented in a legal instrument that assures the continued layout, maintenance, and upkeep of the common drive as intended by the owners and successors.

[3] Driveways serving a mix of uses and two-way traffic should be 22 feet wide. The Planning Board may require a traffic analysis performed at the expense of the applicant to inform its decision.

[4] Except for single-family and two-unit residences, interior parking lots shall be landscaped in accordance with the off-street parking, loading and driveway standards (§ 240-42E) as determined necessary by the Planning Board.

[Amended 12-14-2016 by L.L. No. 15-2016[3]]

[3] Editor's Note: This local law also repealed former Subsection G(2)(b)[5] through [8] and [10] and renumbered former Subsection G(2)(b)[9] as [5].

[5] Minimum off-street parking space requirements are found in § 240-42J.

(c) Open space.

[1] In cases where more than one dwelling is situated on a lot, a minimum of 10% of the lot should be open space.

[2] Open space may be landscaped and may be provided with improvements, such as pedestrian plazas, benches, recreational facilities such as courts, and/or playground equipment, although it should not contain parking, driveways, or stormwater utilities.

(d) Site landscaping. (in addition to the streetscape standards provided in Subsection G(2)(a) and (b) above).

[1] Required landscaping shall be permanently maintained in a healthy growing condition at all times by the property owner or its assign.

[2] Site trees should be no smaller than three-inch caliper diameter at four feet in height at the time of planting. The density of site trees shall be at the discretion of the Planning Board as determined necessary.

[3] Species shall be drought and salt tolerant, and there should be consideration of how to provide for the stockpiling of snow in relation to landscaping.

(e) Lighting (in addition to the streetscape lighting standards in Subsection G(1)(d) above).

[1] All exterior lights shall be designed and located in such a manner as to prevent objectionable light and glare to spill across property lines.

[2] Exterior lighting should be architecturally compatible with the building style, material, and colors.

[3] Driveway parking lot lights and other lights shall be 10 feet to 15 feet in height. Cutoff fixtures are preferred over cobra-type light fixtures and directional floodlights.

[4] Accent or decorative lighting for buildings, walkways, and landscaping is encouraged but shall consist of incandescent bulbs of no more than 100 watts and shall be focused directly on the intended object.

(f) Loading and delivery areas may be shared between nearby uses, and the requirements shall be determined by the Planning Board on a case-by-case basis.

(g) Mechanical equipment, garbage containers, and electrical transformers should be concealed from public view on all sides by architectural elements and/or landscaping satisfactory to the Planning Board's approval.

(h) Fencing and walls.

[1] The design of fences and walls should be compatible with the architecture of the principal building(s) and should use similar materials.

[2] All fences or walls 50 feet in length or longer and four feet in height or taller should be designed to minimize visual monotony by changing the plane, height, material, texture, or significant landscape massing.

[3] Chain link fencing is discouraged.

(i) Utilities. All new utilities shall be underground.

(j) Open space. Where appropriate and practical, new development should create public open spaces and should maintain existing open space.

(k) Architectural standards.

[1] Design compatibility includes complementary building style, form, size, color, materials, and detailing. In reviewing projects, the Planning Board shall consider each of the following principal features contributing to the identity of buildings within the H Districts:

[a] Size: the relationship of the project to the site.

[b] Scale: the relationship of the building to those around it.

[c] Massing: the relationship of the building's various parts to each other.

[d] Fenestration: the placement of windows and doors.

[e] Rhythm: the relationship of fenestration, recesses, and projections.

[f] Setback: the relation of a building setback to its immediate surroundings.

[g] Materials: the compatibility with other buildings in the H District, particularly those with historical significance.

[h] Context: the overall relationship of the project to its surroundings.

[2] The following architectural design concepts are encouraged:

[a] Architectural design should be sensitive to the historical and/or architectural character of the surrounding buildings.

[b] Street-level continuity of shopfronts with minimal spaces between buildings with a street-level expression line, visually tying together the retail base and separating the upper stories.

[c] Porches fronting on streets are encouraged, especially on local roads.

[d] Multiple buildings on the same lot should be designed to create a cohesive visual relationship between the buildings.

[e] Blank wall areas and long, uninterrupted rooflines shall be avoided and should exhibit more detail and elements appropriate for close-range pedestrian view. Building surfaces over 40 feet in length should be relieved with changes of wall plane (i.e., recesses and projections) that provide strong visual interest.

[f] All sides of a building may have an impact on its surroundings and should be considered for treatment with an architectural finish. Architectural features, materials, windows, and articulation of a facade of a building should be continued on all sides visible from a street or public parking areas.

[g] Facade colors should be low-reflectance colors. High-intensity colors, metallic colors, black, or fluorescent colors should not be used. Building trim and accent areas may feature brighter colors.

[h] Building colors should be carefully chosen so that each building color complements that of its neighbors.

[i] The scale of a building should be compatible with the surrounding buildings.

[j] Pitched roofs with gables/dormers or symmetrically shaped parapet roofs are encouraged.

[k] Considerations should be given to the height of cornice line or other expression lines.

[l] Where awnings are proposed, the use of canvas-type awnings on buildings is recommended to provide protection from sun, wind, and rain and to improve the aesthetics of the building exterior. Awnings should be placed at a pedestrian scale, at a height of not more than 10 feet above ground level.

[3] Exterior finish materials.

[a] Exterior finish materials should include:

[b] Facades: brick, stone, stucco, wood, and wood shingles.

[c] Roofs: shall be pitched; materials of construction may include shingles, wood, imitation wood asphalt; imitation slate; metal, aluminum (Kynar), copper, terne, zinc (standing seam or batten seam); architectural-style asphalt shingles.

[d] Exterior building materials on the primary structure should not include smooth-faced concrete block, tilt-up concrete panels, or prefabricated steel panels, highly reflective, shiny, or mirrorlike materials, mill-finish (noncolored) aluminum metal windows or door frames; exposed, unfinished foundation walls; exposed plywood or particle board; and unplastered, exposed concrete masonry blocks. Concrete block should be limited to only the rear wall of a building.

[e] Windows:

[f] Windows should be greater in height than width or at least of equal proportion.

[g] Mirrored, reflective, or darkly tinted glass, all-glass walls, or exterior roll-down security gates shall not be permitted.

(3) Signage standards. The purpose of this subsection is to provide standards for signage. These standards are in addition to, but override in the event of inconsistency, the regulations for signs found in § 240-43, Signs. The following standards are intended to assist the Planning Board in promoting high-quality signage within the H District:

(a) Sign shape, size, and materials should be compatible with surroundings and appropriate to the architectural character of the buildings on which it is placed.

(b) Layout should utilize simple shapes, such as rectangles, circles, or ovals, and lettering should be in proportion with the sign panel.

(c) The variety of colors should relate to the building with which they are associated.

(d) Illumination should consist of top-mounted fixtures that direct light down onto the sign and should avoid glare or unnecessary brightness.

§ 240-38.1 Gateway Hamlet Districts.

[Added 9-10-2014 by L.L. No. 4-2014]

A. Purpose; conflict with other provisions. There shall be two Gateway Hamlet (GH) Districts. There shall be one Manchester Gateway Hamlet (MGH) District. One of the Gateway Hamlet (GH) Districts shall be located in the Red Oaks Mills area of the Town. One of the Gateway Hamlet (GH) Districts shall be located in the Arthursburg area of the Town. The intent of the Gateway Hamlet (GH) and Manchester Gateway Hamlet (MGH) Districts is to recognize or to promote compact clusters of retail, professional offices and light commercial buildings mixed with existing residential dwellings located at a crossroads and characterized by such businesses as grocery stores, restaurants, taverns, hotels, department stores, service businesses, meeting halls, churches, or civic spaces. These areas located within Manchester, Arthursburg, and Red Oaks Mill gateways to the Town are most likely to be developed for business and light commercial purposes. They are also among the most vulnerable of all locations in the Town to adverse impacts upon character of setting and place in the event of development which is inconsistent with the intent of this section, such as parking lots, traffic conflicts, formula architecture, sign clutter, and stand-alone and space-consuming uses that have no relationship to any other use or uses. These disfavored aspects of land use do not exist now in any of these identified gateway hamlets, and a purpose of this section is to lessen or prevent the adverse consequences of such land uses in these areas of the Town. It is the specific intent to foster attractive and compact development in the vicinity of these gateway centers as an alternative to development in strip fashion along the region's major roads in order to lessen or to avoid accompanying sprawl development. These gateway hamlet areas should serve as locations that people often remember most, not just because they are physically or historically attractive, but because they are distinct in appearance as compared to the style and character of the larger community. The Manchester Gateway Hamlet (MGH) will additionally be served by municipal water and sewer systems. The Red Oaks Mill Gateway Hamlet (GH) is partially served by municipal water with all parcels using private septic systems. The Arthursburg Gateway Hamlet (GH) is not serviced by municipal water or sewer. In Arthursburg it will be necessary to establish small self-contained alternative or community systems that will strengthen the concept of compact development rather than create a long corridor of linear development. In sum, the purpose of the Gateway Hamlet (GH) and Manchester Gateway Hamlet (MGH) Districts is to regulate the location and appearance of buildings, to create a sense of arrival and recognition for the place being entered. The provisions of this section, when in conflict, shall take precedence over other sections of this chapter.

B. Design principles. The primary objective of the GH and MGH Districts is to promote the traditional hamlet-style design. New buildings should relate to the traditional architectural character consistent with those established, or to be established, in the Town Center Business (TCB) District in accordance with that zoning district's development standards, as well as enhance the streetscape and develop aesthetic qualities that may not currently exist. Specifically, the design principles for the GH and MGH Districts are intended to:

(1) Provide a limited mix of primarily retail, service businesses and light commercial opportunities in the gateway hamlets with some existing residential.

(2) Encourage infill development and the reutilization of existing buildings.

(3) Permit the construction of new buildings by the sidewalk and street edge (building line), especially along alleys and local roads.

(4) Promote pedestrian activity through a safe and walkable environment.

(5) Create tree-lined boulevards that are aesthetically pleasing.

(6) Provide alleys, where feasible, as a means to provide adequate access and circulation within a gateway hamlet, while also providing for and promoting slower traffic speeds and some compatible landscaping.

(7) Minimize the visual impact of the automobile by focusing site design on the central role of the building architecture, landscaping, and other softening amenities, and thereby manage the placement of parking areas, such as providing these in the rear of buildings and screening these from view from the street with landscaping, stone walls and site grading.

(8) Create an interconnected street system for both pedestrian and vehicular traffic.

(9) Encourage the development of both on-street parking on local roads and shared parking between nearby uses.

(10) Protect important natural and historic features.

C. Location of GH and MGH Districts. As per § 240-22, the locations of the GH and MGH Districts are shown on the map entitled "Zoning Map of the Town of LaGrange," adopted by the Town Board.

D. Schedule of Permitted Uses. The schedule of permitted uses and specially permitted uses for the GH and MGH Districts is found in § 240-27, Schedule A, entitled "Schedule of Permitted Uses and Special Permit Uses."

E. Bulk requirements for GH and MGH Districts. The bulk requirements for the GH and MGH Districts are found in § 240-28, Schedule B, entitled "Schedule of Bulk Regulations and Coverage Limitations."

F. Planning Board review of projects in the GH and MGH Districts.

(1) Prior to submitting a formal application under this section, it is strongly encouraged that the applicant request a preapplication meeting with the Building Inspector and the Administrator of Public Works, at which point there should be a discussion of the design principles and objectives of the Gateway Hamlet Districts, along with identification of the design and engineering considerations of the site and the adjacent neighborhood (review features, such as existing patterns of settlement, including buildings, roads, open space, and other resource features, with identification of key features of the environment, such as, but not limited to, recreation amenities, wetlands, stone walls, etc.).

(2) The design standards of this section are intended to guide the Planning Board in its review of projects within the GH and MGH Districts. It is the intent of these standards to provide the Planning Board and applicants with a concise framework as to favored forms and principles of site design.

(3) The following terms have meanings as follows:

(a) The word "shall" means the standard is mandatory;

(b) The words "should" and "may" mean the standard is recommended and its application is optional at the discretion of the Planning Board.

(4) The Planning Board is empowered to require a mix of uses in any GH and MGH development project. In the cases where a multifamily unit is proposed, the Planning Board shall consider the amount of usable open space provided on the site or the usable public open space in the vicinity, and it shall attempt to provide 100 square feet of usable open space per bedroom or 10% of a lot as usable open space on site, unless the Planning Board finds that there is an acceptable and satisfactory public park or open space in the vicinity.

(5) In the Arthursburg and Red Oaks Mill Gateway Hamlets (GH) the developer shall provide assurance satisfactory to the Town Attorney that there will be adequate long-term management and maintenance of all private water and sewer facilities serving the site.

(6) The Planning Board may, in its discretion, vary any site plan requirements contained in § 240-38.1 to assure substantial compliance with the intent of this provision while relieving the applicant of undue or oppressive burden or hardship in obtaining approval. Modification of those standards that are mandatory shall be accompanied with written finding that such modifications are warranted and the reasons.

[Amended 5-23-2018 by L.L. No. 6-2018]

(a) 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 § 240-38.1G.

(7) Except for applications involving single-family residences, the submission for development plan approval or special permit shall include a master landscape plan for the site, identifying the quantity, location, size, and types of existing vegetation and identifying that which is to be retained, proposed plantings, details, and the planting methods.

G. Design standards. The following are the specific standards for the GH and MGH Districts:

(1) Street standards.

(a) Streetscape standards.

[1] The street network should follow a generally rectilinear pattern. In addition, there should be conservation of the street layout as it connects to county and state roads in order to provide for access management.

[2] Streets shall be designed to:

[a] Respect and follow existing terrain as much as possible, to minimize earthmoving and disruption of the existing topography.

[b] Be parallel to and preserve existing tree lines, hedgerows, stone walls, and watercourses, with an attempt to minimize disruption to these features.

[c] Minimize the acreage devoted to internal (grid) streets. As a general rule, new, local, two-way roads should be 44 feet wide and constructed as follows: a travel way of 20 feet; two four-foot shoulders; two three-foot landscaped strips; concrete curbs, and two five-foot concrete sidewalks. Alleys may be provided at a lesser standard, provided that alleys are introduced in order to augment an existing pattern of access by roads and driveways and/or in order to further a design objective, such as providing a means for vehicular access to the rear of a building. The minimum alley width shall be 20 feet.

[d] Minimize alteration of natural, cultural, or historic features.

[e] Be aligned, where possible, so that the "terminal vista" is of civic buildings, greenway land (greens, commons, squares, or parks), or natural vistas or other visual amenities.

[f] Promote ready and safe pedestrian movement, including pedestrian-through connections between streets using sidewalks and trails when culs-de-sac are proposed.

[g] Calm traffic speeds, such as through the provision of complementary landscaping, including but not limited to street trees.

[h] Intersect at right angles whenever possible, with preservation of adequate sight lines (triangles) at the intersection.

(b) Concrete sidewalks required.

[1] Sidewalks shall create a linked network of walkways connecting different uses, such as businesses and residences, with parks or open space.

[2] Sidewalks shall be no less than five feet wide and shall be ADA compliant.

[3] Sidewalks shall be constructed of concrete or concrete with brick paver borders where possible.

[4] Asphalt shall be expressly prohibited on low-traffic or one-way streets.

[5] Sidewalks should be placed next to parallel parking areas.

(c) Gateway Hamlet and Gateway Hamlet Manchester streetscape landscaping.

[1] Street tree landscaping shall be provided along both sides of streets, unless there is an alley proposed that in the Planning Board's judgment should be provided with a lesser standard for street trees, including no street trees at all.

[2] There shall be one shade tree (minimum of three-inch caliper at four feet in height) provided per every 30 linear feet to 35 linear feet of street frontage. Existing street trees that are judged to be healthy or otherwise deserving of protection should be preserved to the maximum extent possible.

[3] Street trees should be tolerant of heavy, wet snow, salt, and sand deposited with snow removal, and should be drought-tolerant.

[4] Trees should cast moderate shade in summer and should be of a type that branches at least eight feet above ground level.

[5] Property owners shall have responsibility for planting and maintaining trees along street frontage(s) within the Town's right-of-way.

(d) Lighting. Streetlights shall be no more than 10 feet to 15 feet in height and utilize a downward-facing fixture that channels light onto the street and sidewalk and should be located in such a manner as to prevent objectionable light and glare. Metal halide (LED) light-emitting-diode lighting is preferred.

(e) On-street parking.

[1] At the discretion of the Planning Board, on-street parking and parking proposed to be shared among multiple uses may count toward the minimum number of parking spaces required for the use on the lot.

[2] On-street parking spaces shall be designed as parallel to the curb on one or both sides of the street, with landscaped breaks 10 feet wide every 200 feet.

[3] On-street parking spaces shall measure eight feet wide by 22 feet long.

(2) Site standards.

(a) Site development.

[1] Multiple buildings and uses are permitted on a lot in the GH and MGH Districts.

[2] The maximum building footprint per structure is 40,000 square feet.

[3] Connections between parking lots situated to the rear and the retail frontage are desirable. Wherever practical, sidewalks and/or walkways should be available to enable pedestrians to safely move from parking located in the rear of the building to the street front, and, where applicable, through-store passages should also be provided.

[4] The ground floor should reinforce retail continuity along specified street frontages. The frequency of store entrances along streets is important in maintaining retail continuity and viability. In new buildings, a maximum distance of 40 feet between individual store entrances is encouraged.

[5] The second and third stories of buildings may be used for a mix of residential, light commercial, and/or office space.

[6] Nonresidential buildings shall have a maximum front yard setback of 20 feet, to encourage an interesting pedestrian environment.

[7] Balconies, bay windows, cornice features, and open porches are encouraged and may extend up to five feet into the front yard setback.

[8] The Planning Board may waive height and setback requirements for landmark civic buildings, including government buildings and churches.

[9] Development density is predicated upon the provisions of safe and adequate on-site (on-lot) sanitary wastewater (septic) systems or public sewer systems as defined in § 240-112. Any proposal shall comply with the site plan standard for sanitation in § 240-72F(4).

[Amended 5-23-2018 by L.L. No. 6-2018]

[10] New developments should make use of existing structures wherever possible and desirable, as determined necessary by the Planning Board. Rehabilitation of historic structures should be conducted in conformance with the Secretary of the Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings.

(b) Driveways and parking.

[1] Parking lots and garages shall be located to the rear of a building wherever possible.

[2] In order to facilitate fewer curb cuts, shared driveways should be encouraged. Provisions satisfactory to the Planning Board shall be made with respect to the ownership, use, operation, and maintenance of all common driveways. Such responsibilities shall be documented in a legal instrument that assures the continued layout, maintenance, and upkeep of the common drive as intended by the owners and successors.

[3] Driveways serving a mix of uses and two-way traffic should be 22 feet wide. The Planning Board may require a traffic analysis performed at the expense of the applicant to inform its decision.

[4] Interior parking lots shall be landscaped in accordance with the off-street parking, loading and driveway standards (§ 240-42E) as determined necessary by the Planning Board.

[Amended 12-14-2016 by L.L. No. 15-2016[1]]

[1] Editor's Note: This local law also repealed former Subsection G(2)(b)[5] through [8] and [10] and renumbered former Subsection G(2)(b)[9] as [5].

[5] Minimum off-street parking space requirements are found in § 240-42J.

(c) Open space.

[1] In cases where more than one dwelling is situated on a lot, a minimum of 10% of the lot shall be open space.

[2] Open space may be landscaped and may be provided with improvements, such as pedestrian plazas, benches, and recreational facilities, such as courts, and/or playground equipment, although it should not contain parking, driveways, or stormwater utilities.

[3] Where appropriate and practical, new development should create open spaces and should maintain existing open space.

(d) Site landscaping [in addition to the streetscape standards provided in Subsection G(2)(a) and (b) above].

[1] Required landscaping shall be permanently maintained in a healthy growing condition at all times by the property owner or its assign.

[2] Site trees should be no smaller in diameter than three-inch caliper at four feet in height at the time of planting. The density of site trees shall be at the discretion of the Planning Board as determined necessary.

[3] Species shall be drought- and salt-tolerant, and there should be consideration of how to provide for the stockpiling of snow in relation to landscaping.

(e) Lighting (in addition to the streetscape lighting standards in Subsection G(1)(d) above).

[1] All exterior lights shall be designed and located in such a manner as to prevent objectionable light and glare from spilling across property lines.

[2] Exterior lighting should be architecturally compatible with the building style, material, and colors.

[3] Driveway parking lot lights and other lights shall be 10 feet to 15 feet in height. Cutoff fixtures are preferred over cobra-type light fixtures and directional floodlights.

[4] Accent or decorative lighting for buildings, walkways, and landscaping is encouraged but shall consist of incandescent bulbs of no more than 100 watts and shall be focused directly on the intended object.

(f) Loading and delivery areas may be shared between nearby uses, and the requirements shall be determined by the Planning Board on a case-by-case basis.

(g) Mechanical equipment, garbage containers, and electrical transformers should be concealed from public view on all sides by architectural elements and/or landscaping satisfactory to the Planning Board's approval.

(h) Fencing and walls.

[1] The design of fences and walls should be compatible with the architecture of the principal building(s) and should use similar materials.

[2] All fences or walls 50 feet in length or longer and four feet in height or taller should be designed to minimize visual monotony by changing the plane, height, material, texture, or significant landscape massing.

[3] Chain-link fencing is expressly prohibited in all front yards. When chain-link fences are used on side yards or rear yards, the fence shall be constructed of black vinyl-coated Schedule 40 pipe, and the chain-link fence shall be black vinyl-coated only.

(i) Utilities. All new utilities shall be underground.

(j) (Reserved)

(k) Architectural standards.

[1] Design compatibility includes complementary building style, form, size, color, materials, and detailing. In reviewing projects, the Planning Board shall consider each of the following principal features contributing to the identity of buildings within the GH and MGH Districts:

[a] Size: the relationship of the project to the site.

[b] Scale: the relationship of the building's various parts to each other.

[c] Massing: the relationship of the building's various parts to each other.

[d] Fenestration: the placement of windows and doors.

[e] Rhythm: the relationship of fenestration, recesses, and projections.

[f] Setback: the relation of a building setback to its immediate surroundings.

[g] Materials: the compatibility with other buildings in the GH and MGH Districts, particularly those with historical significance.

[h] Context: the overall relationship of the project to its surrounds.

[2] The following architectural design concepts are encouraged:

[a] Architectural design should be sensitive to the historical and/or architectural character of surrounding buildings.

[b] Street-level continuity of shop fronts with minimal spaces between buildings with a street-level expression line, visually tying together the retail base and separating the upper stories.

[c] Porches fronting on streets are encouraged, especially on local roads.

[d] Multiple buildings on the same lot should be designed to create a cohesive visual relationship between the buildings.

[e] Blank wall areas and long, uninterrupted rooflines shall be avoided and should exhibit more detail and elements appropriate for close-range pedestrian view. Building surfaces over 40 feet in length should be relieved with changes of wall plane (i.e., recesses and projections) that provide strong visual interest.

[f] All sides of a building may have an impact on its surroundings and should be considered for treatment with an architectural finish. Architectural features, materials, windows, and articulation of a facade of a building should be continued on all sides visible from a street or public parking areas.

[g] Facade colors should be low-reflectance colors. High-intensity colors, metallic colors, black or fluorescent colors should not be used. Building trim and accent areas may feature brighter colors.

[h] Building colors should be carefully chosen so that each building color complements that of its neighbors.

[i] The scale of a building should be compatible with the surrounding buildings.

[j] Pitched roofs with gables/dormers or symmetrically shaped parapet roofs are encouraged.

[k] Consideration should be given to the height of cornice lines or other expression lines.

[l] Where awnings are proposed, the use of canvas-type awnings on buildings is recommended to provide protection from sun, wind, and rain and to improve the aesthetics of the building exterior. Awning should be placed at a pedestrian scale, at a height of not more than 10 feet above ground level.

[3] Exterior finish materials.

[a] Facades: Exterior finish materials may include brick, stone, stucco, wood, and wood shingles.

[b] Roofs: Roofs shall be pitched; materials of construction may include shingles, wood, imitation wood, asphalt, imitation slate; metal, aluminum (Kynar), copper, terne, zinc (standing seam or batten seam) and architectural-style asphalt shingles.

[c] Exterior building materials on the primary structure should not include smooth-faced concrete block, tilt-up concrete or prefabricated steel panels, highly reflective, shiny, or mirror-like materials, mill-finish (noncolored) aluminum metal windows or door frames; exposed, unfinished foundation walls; exposed plywood or particle board; or nonplastered, exposed concrete masonry blocks. Concrete block should be limited to only the rear wall of the building.

[d] Windows: Windows should be greater in height than width or at least of equal proportion. Mirrored, reflective, or darkly tinted glass, all-glass walls, and exterior roll-down security gates shall not be permitted.

(3) Signage standards. The purpose of this subsection is to provide standards for signage. These standards are in addition to, but override in the event of inconsistency, the regulations for signs found in § 240-43, Signs. The following standards are intended to assist the Planning Board in promoting high-quality signage within the GH and MGH Districts:

(a) Sign shape, size, and materials should be compatible with surroundings and appropriate to the architectural character of the buildings on which they are placed.

(b) Layout should utilize simple shapes, such as rectangles, circles, or ovals, and lettering should be in proportion with the sign panel.

(c) The variety of colors should relate to the building with which they are associated.

(d) Illumination should consist of fixtures that direct light down onto the sign only and should avoid glare or unnecessary brightness.

§ 240-39 Design standards for Commercial (C) and General Business (GB) Districts.

[Amended 10-24-2007 by L.L. No. 4-2007; 9-10-2014 by L.L. No. 4-2014]

A. Purpose; conflict with other provisions.

(1) The intent of the C District is to provide for the development of traditional, higher-intensity commercial uses that are concentrated in centers rather than in strip developments. The GB District is intended to provide for lower-intensity, smaller-scale neighborhood-oriented development.

(2) The purpose of these design standards for commercial development is to provide positive examples of the forms and patterns of development that are desirable within the C and GB Districts of the Town of LaGrange and consistent with Greenway Design Principles. They are also intended to encourage development that is in keeping with the Town's semirural character and its aesthetic environment.

(3) The provisions of this section, when in conflict, shall take precedence over other sections of the Zoning Law.

B. Design principles: Commercial (C) District. The primary objective of the C District is to create commercial centers with larger-scale uses. New buildings should relate to and enhance the positive qualities that currently exist. Specifically, the design principles for the C District are to:

(1) Locate buildings close to the sidewalk and street edge.

(2) Promote pedestrian activity through a safe and walkable environment.

(3) Minimize the visual impact of the automobile by managing curb cuts and the placement and screening/landscaping of parking areas.

(4) Create an interconnected street system for both pedestrian and vehicular traffic.

(5) Create opportunities for shared and interconnected systems of driveways in instances where these elements can be designed compatible with the uses and when it promotes safe vehicular and pedestrian movement.

(6) Encourage the development of both on-street parking and shared parking areas between nearby uses.

(7) Protect important natural and historic features.

(8) Facilitate transitions and site planning for commercial development so that it is compatible and in context with adjacent zoning districts and residential neighborhoods.

C. Design principles: General Business (GB) District. The primary objective of the GB District is to create smaller-scale, neighborhood-oriented commercial areas. Specifically, the design principles for the GB District are to:

(1) Promote pedestrian activity through a safe and walkable environment.

(2) Promote development on a scale that is consistent with adjacent neighborhood uses.

(3) Create an interconnected street system for both pedestrian and vehicular traffic.

(4) Protect important natural and historic features.

D. Location of C and GB. As per § 240-22, the location of the C and GB Districts is shown on the map entitled "Zoning Map of the Town of LaGrange," adopted by the Town Board.

E. C and GB Schedule of Permitted Uses. The schedule of permitted uses and specially permitted uses for the C and GB Districts is found in § 240-27, in Schedules A1, A2 and A3, Schedules of Permitted Uses and Special Permit Uses.[1]

[1] Editor's Note: Schedules A1, A2 and A3 are attached to this chapter as Appendix A.

F. Bulk requirements for C and GB. The bulk requirements for the C and GB Districts are found in § 240-28, Schedule B2, Schedule of Bulk Regulations and Coverage Limitations, Nonresidential.[2]

[2] Editor's Note: Schedule B2 is attached to this chapter as part of Appendix B.

G. Planning Board review of projects in C and GB.

(1) The design standards of this section are intended to guide the Planning Board in its review of projects within the C and GB Districts and to guide the Planning Board and applicants as to favored forms and principles of site design.

(2) The following terms have meanings as follows:

(a) The word "shall" means the standard is mandatory;

(b) The words "should" or "may" mean the standard is recommended and its application is optional at the discretion of the Planning Board.

(3) The Planning Board may, in its discretion, vary any site plan requirements contained in § 240-39 to assure substantial compliance with the intent of this provision while relieving the applicant of undue or oppressive burden or hardship in obtaining approval. Modification of those standards that are mandatory shall be accompanied with written finding that such modifications are warranted and the reasons.

[Amended 5-23-2018 by L.L. No. 6-2018]

(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 § 240-39B and C.

H. Design standards. The C District encourages a mix of retail uses, restaurants, services, workplaces, and entertainment and civic facilities. The GB District encourages a similar mix of commercial and retail uses, in addition to single-family uses, in a nodal form and a more compact pattern than the C District. The following are the specified standards for the C and GB Districts:

(1) Streetscape standards.

(a) Blocks and lots.

[1] Multiple buildings and uses are permitted on a lot in the C and GB Districts.

[2] In order to facilitate fewer curb cuts, shared driveways should be used for access to parking lots behind buildings. Curb cuts should be the minimum width required for safe ingress and egress in order to provide for managed access and egress onto public roads as well as to provide a safe pedestrian environment. Large expanses of street frontage with open, uncurbed lengths should be avoided as it can increase the likelihood of accidents.

[3] Residential rear access lanes should be used for access to garages and parking lots behind buildings.

[4] Pavers or similar hardscape should be utilized at all block corners to enhance the pedestrian environment, increase pedestrian safety, and have a traffic-calming effect. The crosswalk should continue the materials and theme across the street. The role of these physical enhancements is to influence slower vehicle speeds at these locations and to help people perceive that there is a transition in the road, driveway and sidewalk network.

	Source: Dutchess County Greenway Connections, Dutchess County Department of Planning and Development.

(b) Sidewalks.

[1] Sidewalks should be at least five feet wide to easily accommodate pedestrians, joggers, and bicyclists and shall be ADA compliant. Sidewalks may be wider to accommodate outdoor seating and cafes.

[2] Restaurants may be permitted to operate outdoor cafes in front of and on public sidewalks as long as at least seven feet are maintained free for sidewalk passage.

[3] A retail business may be permitted to have a temporary sidewalk display of store merchandise on up to 25% of its sidewalk frontage.

(c) Landscaping.

[1] A landscaped area shall be provided along both sides of all streets within the C and GB Districts. Within the landscaped area, one shade tree (minimum of three-inch caliper diameter at four feet in height) should be provided per every 30 linear feet to 35 linear feet.

[2] Street trees are a major means of providing a pedestrian amenity as well as visual coherence. Property owners shall have responsibility for planting and maintaining trees along street frontage(s) within the Town's right-of-way.

[3] Street trees should be tolerant of salt and sand deposited with snow removal. Mulched tree wells should be placed around the base of each tree for protection and moisture retention.

[4] Street trees should have a canopy that is sufficiently high (at least eight feet) so as not to block views of storefronts, conflict with streetlighting, or inhibit safe sight distances for vehicles at intersections. Street trees should be no smaller than four-inch caliper diameter at four feet in height. Trees should be of a type that does not create droppings, that would mar the sidewalk and parked cars.

[5] Shrubbery shall be no higher than four feet above existing street grades, nor shall any tree with foliage extend below eight feet above the established street grades. It shall be the responsibility of the property owner to maintain all landscaping (trees, shrubs, planted beds) within 20 feet of any street intersection or 10 feet of driveway/street intersections to the above standards. This restriction is for purposes of maintaining visibility at all times.

[6] Where parking lots and drives abut the landscaped strip along the street right-of-way, evergreen shrubs and/or a three-foot stone wall, as approved by the Planning Board, should be provided for screening. The screening should be a plant species that is a minimum of three feet high and a maximum of six feet high and extend along the entire street frontage of the parking lot, exclusive of driveways and visibility lines.

[7] Street-level landscaping shall not interfere with visibility and safety.

[8] Maintenance of landscaping within the Town's right-of-way shall be the responsibility of the property owner.

(d) Lighting. Streetlights and parking lot lights shall be no more than 15 feet in height. Lighting shall be metal halide or other full-spectrum fixture and should avoid illumination above the horizontal level into the night sky. All exterior lights shall be designed and located in such a manner as to prevent objectionable light and glare and to minimize spillage.

(2) Site standards.

(a) Site development.

[1] Connections between the parking lots to the rear and the main retail frontage are desirable. Wherever practical, sidewalks accessed along landscaped alleys and/or access through store passages should be provided.

[2] Building entrances and storefronts should face the main roadway frontage. Additional entrances should be provided if parking is located to the side and/or rear of the buildings. (As noted below, distinct building architecture and landscaping should help guide and orient users to the main entrances.)

[3] Two- and three-story buildings are encouraged in the Commercial Districts. Depending on the site context, larger-scale, single-use facilities (conference spaces, theaters, supermarkets or department stores, for example) should occur behind smaller-scale (one- or two-story) buildings or storefronts in order to aid the sense of scale of buildings, particularly in relation to the pedestrian.

[4] Second stories and above may be used for a mix of commercial and/or office space.

[5] The Planning Board may waive height and setback requirements for landmark civic buildings, including government buildings, churches, schools, or libraries and for pedestrian-oriented places such as plazas or outdoor eating areas or vest pocket parks, such as where there is seating and landscaping adjacent to sidewalk or open space.

[6] There should be careful consideration of the location of gas station pump canopies on the site. Gas station canopies should be located to the rear of the building whenever possible and shall not exceed 50% of the floor area of the parcel or 2,500 square feet, whichever is less. See the illustration below. Canopies shall have downward-facing lights and no internally illuminated signage or lettering. As noted in § 240-39H(3), there should also be consideration of the design and treatment of the facades and roofs associated with these structures.

	Source: Town of Warwick Design Guidelines, 2002.

(b) Parking.

[1] Parking lots and garages shall be located to the rear of a building wherever possible, and access to parking and garages should be from a rear access lane. Alternatively, there should be an attempt to locate parking in the side yard, such as on corner lots. Parking lots as the terminal vista of an approach should be avoided wherever possible. See the illustration below.

	Left: Traditional siting of building and parking lot Right: Preferred siting of building and parking lot
	Source: Dutchess County Greenway Connections, Dutchess County Department of Planning and Development.

[2] Shared driveways should be used to access parking lots behind buildings and to facilitate fewer curb cuts. Shared driveways and/or entrances for ingress and egress access between neighboring buildings and parking lots are strongly encouraged.

[3] Parking lot buffers and landscaping.

[a] For large parking lots (20,000 square feet or larger), a minimum of 10% of the interior of the parking lot should be landscaped with trees and other plants. Where feasible, large lots should be broken up into smaller sections by use of landscaping and site planning.

	Source: Dutchess County Greenway Connections, Dutchess County Department of Planning and Development.

[b] Landscaped planters and tree islands should be located among the parking spaces in a lot. Diagonal islands, such as the one illustrated below, provide aesthetic and shade benefit without resulting in the loss of parking spaces.

	Source: Dutchess County Greenway Connections, Dutchess County Department of Planning and Development.

[c] (Reserved)[3]

[3] Editor's Note: Former Subsection H(2)(b)[3][c], regarding landscaped strips around parking lots, was repealed 12-14-2016 by L.L. No. 15-2016.

[d] Interior parking lots shall be landscaped in accordance with the off-street parking, loading and driveway standards (§ 240-42E) as determined necessary by the Planning Board. Curbing is to be granite or cast concrete curbing.

[Amended 5-23-2018 by L.L. No. 6-2018]

[4] (Reserved)[4]

[4] Editor's Note: Former Subsection H(2)(b)[4], regarding dimensions of parking spaces and backup and maneuvering aisles, was repealed 12-14-2016 by L.L. No. 15-2016.

[5] Parking lots should not be composed entirely of asphalt. It is strongly encouraged that, to provide visual interest and to reduce water runoff, bricks, pavers, and/or textured surfaces should be used for crosswalks and stalls, where possible. Grass block or other pervious landscaping treatment is encouraged for overflow/reserved parking areas.

[6] An area for snow and ice storage should be identified that does not impact vehicle sight lines or the view of a site from public roads.

[7] Joint parking.

[a] Joint parking between uses is encouraged, as it reduces the amount of impervious surface area and is more economical to install and maintain. It also serves to reduce the visual impact of parking lots. Joint parking standards can be found in § 240-42 of the Town Code.

[Amended 12-14-2016 by L.L. No. 15-2016[5]]

[5] Editor's Note: This local law also repealed former Subsection H(2)(b)[7][b] through [e].

[8] (Reserved)[6]

[6] Editor's Note: Former Subsection H(2)(b)[8], regarding minimum requirements for parking spaces, was repealed 12-14-2016 by L.L. No. 15-2016.

[9] Minimum off-street parking space requirements are found in § 240-35H(2)(c)[9] and § 240-42J.

[10] Since C and GB Districts have the potential for high levels of impervious coverage, stormwater management practices should ideally be addressed across sites and the use of high-quality landscaping should be integrated with the stormwater management objectives. Specifically, where feasible, stormwater management should be coordinated across sites, and new commercial development or redevelopment may be well-suited for applications of innovative stormwater management technology, such as subsurface stormwater management systems. Similarly, small vegetated and landscaped alternative stormwater quality treatment systems, such as rain gardens or bioretention practices, should also be considered.

[11] (Reserved)[7]

[7] Editor's Note: Former Subsection H(2)(b)[11], waiver of improvement, was repealed 12-14-2016 by L.L. No. 15-2016.

(c) Landscaping.

[1] A landscape plan should be prepared by a qualified professional, such as a landscape architect.

[2] Landscaping should be designed to avoid conflicts with existing overhead or underground utility lines. Where the location of existing overhead or underground utility lines conflicts with the required landscaping strip and tree planting, the Planning Board may approve an alternate plan.

[3] Required landscaping shall be permanently maintained in a healthy growing condition at all times. The property owner is responsible for regular weeding, mowing of grass, irrigating, fertilizing, pruning, and other permanent maintenance of all plantings as needed.

[4] Site trees should be no smaller than three-inch caliper diameter at four feet in height at the time of planting. Density of site trees shall be at the discretion of the Planning Board as determined necessary.

[5] Loading areas shall be screened from view with landscaping, decorative fencing, and/or earthen berms.

[6] Aboveground or in-ground open drainage features, such as swales, catch basins, and detention ponds, should be treated as design elements and as part of the overall site landscaping plan. These features should be modeled after the naturally occurring swales, wetlands, and ponds found throughout the Town.

(d) Lighting.

[1] All exterior lights shall be designed and located in such a manner as to prevent objectionable light and glare to spill across property lines.

[2] Exterior lighting should be architecturally compatible with the building style, material, and colors. Cutoff fixtures are preferred over cobra-type light fixtures and directional floodlights.

[3] Accent lighting or decorative lighting is encouraged but should be of a low wattage (no more than 100 watts) and should not cast light upward except to light a building facade.

(e) Loading and delivery areas may be shared between nearby uses and shall be determined by the Planning Board on a case-by-case basis.

(f) Mechanical equipment, garbage containers, and electrical transformers, including rooftop installations, should be concealed from public view on all sides by architectural elements and/or landscaping satisfactory to the Planning Board's approval.

(g) Fencing and walls.

[1] The design of fences and walls should be compatible with the architecture of the principal building(s) and should use similar materials. The Planning Board should determine whether a fence is desirable along a public street frontage given surrounding landscape and land use patterns.

[2] All fences or walls 50 feet in length or longer, and four feet in height or taller, should be designed to minimize visual monotony by changing plane, height, material, or material texture or significant landscape massing.

[3] Chain link fencing is discouraged.

(h) Utilities. All new utilities shall be underground.

(i) Open space. Where appropriate and practical, new development should create public open spaces and should maintain and/or relate to existing public open space.

	Source: Town of Warwick Design Guidelines, 2002.

(3) Architectural standards.

(a) The architectural standards are intended to provide for design compatibility between new and existing buildings. Design compatibility includes complementary building style, form, size, color, materials, and detailing. In reviewing projects, the Planning Board shall consider each of the following principal features contributing to the identity of buildings within the C and GB Districts and shall determine whether site or building locations warrant special architectural detail:

[1] Size: the relationship of the project to the site.

[2] Scale: the relationship of the building to those around it.

[3] Massing: the relationship of the building's various parts to each other.

[4] Fenestration: the placement of windows and doors.

[5] Rhythm: the relationship of fenestration, recesses, and projections.

[6] Setback: the relation of a building setback to its immediate surroundings.

[7] Materials: their compatibility with other buildings constructed in the Commercial Districts.

[8] Context: the overall relationship of the project to its surroundings.

(b) The following architectural design concepts are encouraged:

[1] Street-level expression line, visually tying together the retail base and separating the upper stories. Entrances and doors shall be defined and articulated by architectural elements compatible with the style, materials, colors and details of a building as a whole. Window fenestration should be compatible with the style, materials, colors and details of a building as a whole.

[2] Diversity of architectural design. Trim and decorative lighting are examples of features that may provide emphasis. Any residential uses should have a porch, covered portico, or otherwise architecturally defined entrance on the street facade of the building.

[3] Multiple buildings on the same lot should be designed to create a cohesive visual relationship between the buildings.

[4] Blank wall areas and long, uninterrupted rooflines shall be avoided and should exhibit more detail and elements appropriate for close-range pedestrian view. Building surfaces over 50 feet in length should be relieved with changes of wall plane (i.e., recesses and projections) that provide strong visual interest.

[5] Buildings should incorporate visual separation between the lower facade and upper facades, as this creates a strong orientation toward the pedestrian scale. Some design elements that are successful in creating this separation include utilizing canopies, varying textures, varying window patterns, and incorporating storefront cornices.

[6] Buildings should be located to front towards public streets, both functionally and visually (building should not be oriented to front towards a parking lot). There should be special consideration of buildings on the edges of the District which may serve as gateways and which mark a transition. Buildings on corner lots shall be considered significant structures, and there should be consistent architectural treatment on all sides facing public streets. Architectural features, materials, windows, and articulation of a facade of a building should be continued on all sides visible from a street or public parking areas.

[7] Exterior building materials on the primary structure should be durable and of high quality and should not include smooth-faced concrete block, tilt-up concrete panels, or prefabricated steel panels, highly reflective, shiny, or mirror-like materials, mill-finish (noncolored) aluminum metal windows or door frames; exposed, unfinished foundation walls; exposed plywood or particle board; and unplastered, exposed concrete masonry blocks. Facade finish materials should include the following: brick, stone, stucco, wood, wood shingles, and fiber cement siding.

[8] Facade colors should be low-reflectance colors. High-intensity colors, metallic colors, black, or fluorescent colors shall not be used. Building trim and accent areas may feature brighter colors.

[9] Building colors should be carefully chosen so that each building color complements that of its neighbors.

[10] The scale of a building should be compatible with the surrounding buildings.

[11] Pitched roofs with gables/dormers or symmetrically shaped parapet roofs are encouraged to provide visual interest to buildings. Considerations should be given to the height of cornice line or other expression lines. Minimum pitch should be 6/12, and flat roofs should be avoided. See the illustration below.

	Source: Town of Warwick Design Guidelines, 2002.

[12] Roof design should be functional and in keeping with the scale and character of the building and surroundings. Roofs should not make up more than 50% of the visible facade area of the building.

[13] The use of canvas-type awnings on buildings is recommended to provide protection from sun, wind, and rain and to improve the aesthetics of the building exterior.

[14] Existing structures, if deemed historic or architecturally significant, should be protected from demolition or incompatible adjacent development.

[15] Windows should be greater in height than width or at least of equal proportion. Mirrored, reflective, or darkly tinted glass, all-glass walls, or exterior roll-down security gates shall not be permitted.

[16] First-floor windows and display signs should create a sense of transparency on the ground floor of the building. Signage on windows may be appropriate in some instances but should be limited as it can detract from the sense of transparency and the identity of a district.

(c) Architectural standards applicable to gas stations. The following guidelines are encouraged in gas station uses:

[1] Gas stations should have an overall architectural theme. Separate structures on the site (canopy, cashier booth, carwash, etc.) must have consistent architectural detail and design elements to provide a cohesive project site.

[2] The canopy must incorporate design elements that are found on the main building, including color, roof pitch, and materials. The canopy must not act as an attention-getting device. Canopy support poles must incorporate decorative corbels consistent with the overall theme of the site or pole covers 18 inches or wider with similar surface material and architectural treatments as the dominant masonry material on the main structure.

(4) Signage standards. The purpose of this subsection is to provide standards for signage. The standards are in addition to, but override in the event of inconsistency, the regulations for signs found in § 240-43, Signs. The following standards are intended to assist the Planning Board in improving the quality of signage in the C and GB Districts:

(a) Signs should be compatible with surroundings and appropriate to the architectural character of the buildings on which they are placed.

	Source: Dutchess County Greenway Connections, Dutchess County Department of Planning and Development.

§ 240-40 Design standards for the Industrial (I) District.

A. Purpose.

(1) The intent of the I District is to provide for well-planned, attractive light industrial uses with convenient access to road transportation. Development in the I District must balance the operational needs of businesses while achieving aesthetically compatible development and protection of the public health, safety and welfare.

(2) The purpose of design standards for industrial development is to provide positive examples of the forms and patterns of development that are desirable within the I Districts of the Town of LaGrange, consistent with Greenway Design Principles. These design standards are also intended to encourage development that is in keeping with the Town's semirural character and its natural and aesthetic environment.

(3) Design standards for retail uses and gas stations. Certain retail uses, restaurants and gas stations are allowed within the Industrial District as well as the Commercial and/or General Business Districts; therefore, for these uses the intent and design standards for the C and GB Districts, defined within § 240-39, shall apply.

[Amended 9-10-2014 by L.L. No. 4-2014]

(4) Unless specifically indicated otherwise, when the provisions of this section are in conflict with other sections of the Zoning Law, the more restrictive standards shall take precedence.

B. Design principles: Specifically, the design principles for the I District are to:

(1) Orient buildings to the street and driveway access, establishing an ease of circulation and a visual focus in order to achieve identifiable and functional entrances to sites and buildings.

(2) Protect and preserve important natural and historic features, including important vistas, and relate development to these features during site design.

(3) Aid pedestrian mobility through a safe and walkable environment by providing for loading and delivery areas to be located outside of pedestrian circulation and promoting connections to the sidewalk network within the site and external street network.

(4) Maximize the distance of new buildings from adjacent residential districts and uses.

(5) Minimize the impact of the automobile by managing curb cuts, circulation system layout, and the placement of related screening/landscaping.

(6) Promote development on a scale that is consistent with adjacent buildings and neighborhood uses. Provide transitions between projects with different uses and intensities.

(7) Actively screen and separate outdoor work activities, storage, loading and delivery functions from public view and provide for compatible landscaping and architectural treatment between these functions and the primary building or focal point.

(8) Provide architectural design that establishes project identity and contributes to and enhances community character by allowing various architectural styles to be used with an effect of cohesiveness and a pleasant built environment. Ensure that large buildings and structures incorporate design elements to reduce visual mass and relate to the human scale.

C. Location of I. As per § 240-22, the location of the I Districts is shown on the map entitled "Zoning Map of the Town of LaGrange," adopted by the Town Board.

D. I schedule of permitted uses. The schedule of permitted uses and specially permitted uses for the I Districts is found in § 240-27, in Schedules A1, A2 and A3, Permitted Uses and Special Permit Uses.[1]

[Amended 9-10-2014 by L.L. No. 4-2014]

[1] Editor's Note: Schedules A1, A2 and A3 are attached to this chapter as Appendix A.

E. Bulk requirements for I. The bulk requirements for the I Districts are found in § 240-28, Schedule B2, Schedule of Bulk Regulations and Coverage Limitations, Nonresidential.[2]

[Amended 9-10-2014 by L.L. No. 4-2014]

[2] Editor's Note: Schedule B2 is attached to this chapter as part of Appendix B.

F. Planning Board review of projects in the I District.

(1) The design standards of this section are intended to guide the Planning Board in its review of projects within the I District and to guide the Planning Board and applicants as to the favored forms and principles of site design.

(2) The following terms have meanings as follows:

(a) The word "shall" means the standard is mandatory;

(b) The words "should" or "may" mean the standard is recommended and its application is optional at the discretion of the Planning Board.

(3) The Planning Board may, in its discretion, vary any site plan requirements contained in § 240-40 to assure substantial compliance with the intent of this provision while relieving the applicant of undue or oppressive burden or hardship in obtaining approval. Modification of those standards that are mandatory shall be accompanied with written finding that such modifications are warranted and the reasons.

[Amended 5-23-2018 by L.L. No. 6-2018]

(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 § 240-40B.

G. Design standards: I District. The following are the specified standards for the I District:

(1) Streetscape standards.

(a) Blocks and lots.

[1] The street layout should provide for safe and convenient vehicular access. There should be efforts to provide street connectivity, with an exception that it may not be desirable to connect with a residential neighborhood.

[2] In order to facilitate fewer curb cuts, shared driveways should be used for access to parking lots that are predominantly arranged beside or behind buildings. Curb cuts should be the minimum width required for safe ingress and egress in order to provide for managed access and egress onto public roads, as well as to provide a safe pedestrian environment. Large expanses of street frontage with open, uncurbed lengths should be avoided to reduce the likelihood of accidents.

(b) Sidewalks. Sidewalks should be at least five feet wide to easily accommodate pedestrians and shall be ADA compliant.

(c) Landscaping. The design standards for landscaping in the C and GB Districts [§ 240-39H(1)(c)] should apply to the Industrial District with the following modification: Landscaping screening, such as shrubbery, shall be of a specification (such as height and design) that it helps suitably screen site features, such as outside storage or loading areas, from public view while also providing for required vehicular and pedestrian safety and mobility. When visibility is important, shrubbery and trees should be no higher than four feet above the existing street grade, nor shall any tree with foliage extend below eight feet above the established street grade. All landscaping (trees, shrubs, planted beds) shall be maintained within 20 feet of any street intersection or 10 feet of driveway/street intersections.

[Amended 9-10-2014 by L.L. No. 4-2014]

(d) Lighting. The design standards for streetscape lighting in the C and GB Districts [§ 240-39H(1)(d)] should apply to the Industrial District.

[Amended 9-10-2014 by L.L. No. 4-2014]

(2) Site standards.

(a) Site development.

[1] Industrial District site development should be oriented to public streets, meaning there should be consideration of the appearance of all sides of buildings and site features viewed from the public way(s).

[2] Some parking, such as for business visitors or small numbers of staff, may be provided in front of industrial buildings but not within required setbacks. This standard excludes parking for heavy equipment/vehicles.

[3] Distinct building architecture and landscaping should help guide and orient users to the main entrances.

[4] Sites should be arranged to emphasize the aesthetically pleasing or important natural aspects of a site, such as open space, wetlands, vistas, or mature tree groupings, and disguise less attractive scenes or distractions, like loading or storage, through placement and design of structures and screening. When located adjacent to a residence, structures such as loading or trash enclosures shall be totally screened from view.

[5] Light-, noise-, odor- or dust-generating functions shall be fully enclosed, managed and/or sited in order to avoid a nuisance for adjacent residential properties.

(b) Parking.

[1] The main mass of parking lots and all garages should be located to the side or rear of a building. Parking lots as the terminal vista of an approach should be avoided wherever possible.

[2] Shared driveways should be used to access parking lots and facilitate fewer curb cuts, with shared driveways and/or ingress and egress between neighboring buildings and parking lots strongly encouraged.

[3] Parking lot buffers and landscaping. The standards of § 240-39H(2)(b)[3] and [4] should apply.

[4] An area for snow and ice storage should be identified that does not impact vehicle sight lines.

[5] Joint parking between uses is encouraged, as it reduces the amount of impervious surface area and is more economical to install and maintain. It also serves to reduce the visual impact of parking lots. The standards of § 240-39H(2)(b)[7][a] should apply.

[6] Minimum off-street parking space requirements are found in § 240-42J. The number of parking spaces required shall also be calculated based on a recent comparable industry standard, such as by the Institute of Transportation Engineers (ITE), and should not exceed minimum requirements unless clearly justified by parking generation data submitted by the applicant.

[7] Waiver of improvement. The authority approving a site plan or special permit application may determine that less than the required number of parking spaces will satisfy the intent of this chapter, pursuant to the procedure in § 240-39H(2)(b)[11].

(c) Landscaping should be provided according to the standards and procedures in § 240-39H(2)(c).

(d) Mechanical equipment, garbage containers, and electrical transformers, including rooftop installations, should be concealed from public view on all sides by architectural elements and/or landscaping consistent with the applications on other parts of the site satisfactory to the Planning Board's approval.

(e) Fencing and walls.

[1] The design of fences and walls should be compatible with the architecture of the principal building(s) and should use similar materials.

[2] All fences or walls 50 feet in length or longer and four feet in height or taller should be designed to minimize visual monotony by changing plane, height, material, or material texture or by the addition of significant landscape massing.

[3] Chain link fencing is discouraged.

[4] The height of a fence shall be considered in relation to the use or activity that it is intended to screen; however, the height shall not extend above six feet.

(3) Architectural standards.

(a) The architectural standards are intended to provide for design compatibility between new and existing buildings. Design compatibility includes complementary building style, form, size, color, materials, and detailing. There should be consideration of whether there are locations warranting special architectural details. In reviewing projects, the Planning Board shall consider each of the following principal features contributing to the identity of buildings within the I District:

[1] Size: the relationship of the project to the site.

[2] Scale: the relationship of the building to those around it.

[3] Massing: the relationship of the building's various parts to each other.

[4] Fenestration: the placement of windows and doors.

[5] Rhythm: the relationship of fenestration, recesses, and projections.

[6] Setback: the relation of a building setback to its immediate surroundings.

[7] Materials: their compatibility with other buildings constructed in the Commercial Districts.

[8] Context: the overall relationship of the project to its surroundings.

(b) The following architectural design concepts are encouraged:

[1] Street-level expression line, visually tying together the first floor and the upper stories, or creating a sense of human scale in one-story structures that are greater than 20 feet in total height. Entrances and doors shall be defined and articulated by architectural elements compatible with the style, materials, colors and details of a building as a whole.

[2] Multiple buildings and/or accessory uses on the same lot should be designed to create a cohesive visual relationship between the structures.

[3] Blank wall areas and long, uninterrupted rooflines shall be avoided and should exhibit more detail and elements appropriate for pedestrian view. Building surfaces over 75 feet in length should be relieved with changes of wall plane (i.e., recesses and projections) that provide strong visual interest.

[4] Architectural features, materials, windows, and articulation of a facade of a building should be continued on all sides visible from a street or public parking.

[5] Facade colors should be low-reflectance colors, and building color should be carefully chosen to complement that of its neighbors. High-intensity colors, metallic colors, black, or fluorescent colors should not be used. Building trim and accent areas may feature brighter colors.

[6] Pitched roofs are encouraged, with considerations given to the height of cornice line or other expression lines.

[7] Existing structures, if deemed historic or architecturally significant, should be protected from demolition or incompatible adjacent development.

[8] Windows should be greater in height than width or of equal proportion. Mirrored, reflective, or all-glass walls should not be permitted, nor should exterior roll-down security gates be oriented to the street.

[9] Industrial or commercial trailers are discouraged.