[Added 12-27-2005 by L.L. No. 7-2005]
A.
Major subdivisions. A major subdivision is any subdivision
of land that results in more than three new residential lots (excluding
the parent lot from which they are subdivided).
(1)
Determination of lot count. In order to determine
the legally permitted number of lots on a given parcel within the
Rural Residential District, an applicant may either:
(a)
Perform the site analysis process [see § 235-14.1A(2)]; or
(b)
Apply density of one unit per 10 gross acres.
(2)
Site analysis process. The site analysis process
consists of five steps, all of which must be completed before a base
lot count can be determined and approved by the Planning Board.
(a)
Step 1: Land Conservation Analysis.
[1]
The applicant shall prepare a Land Conservation
Analysis, consisting of inventory maps, description of the land, and
an analysis of the conservation values of various site features. The
Land Conservation Analysis shall show lands with conservation value
on the parcel and within 100 feet of the boundaries of the parcel,
including but not limited to:
[Amended 7-9-2007 by L.L. No. 4-2007]
[b]
The following secondary conservation
areas:
[ii]
Farmland, park and recreation
land, fragmented forest land, and historic and archaeological sites
identified in the Town's Comprehensive Plan;
[iii]
Buffer areas necessary for screening
new development from adjoining parcels;
[iv]
Stone walls;
[v]
Hedgerows and trees 12 inches in
diameter at breast height (dbh) or larger;
[vi]
Other land exhibiting present
or potential recreation, historic, ecological, agricultural, water
resources, scenic or other natural resource value, as determined by
the Planning Board.
[2]
The Land Conservation Analysis is subject to
approval by the Planning Board, which must adopt a written findings
statement that identifies the lands to be preserved, areas to be avoided,
and design principles for the site. Proceed to Step 2.
(b)
Step 2: Determination of Buildable Acreage.
To determine the "buildable acreage," the applicant shall subtract
the acreage of all lands classified as primary conservation area from
the total site acreage. At this step, a preliminary lot count can
be calculated at a density of one dwelling unit per 1.5 buildable
acres. Proceed to Step 3.
[Amended 7-9-2007 by L.L. No. 4-2007]
(c)
Step 3: Wastewater Treatment Analysis.
[1]
If individual on-site subsurface wastewater
disposal systems (also known as "septic systems") are proposed to
be used, the applicant shall identify suitable areas for disposal
fields and one-hundred-percent reserve area, as evidenced by soil
tests performed to the satisfaction of the Town and, where required
by the Planning Board or law, by the Orange County Department of Health.
All such areas shall comply with all applicable regulations. The wastewater
capacity lot count can be calculated as the number of lots that can
be supported by individual on-site septic systems, Proceed to Step
4.
[2]
If a new community wastewater collection, treatment,
and disposal system is proposed to be used, said system shall be located
and designed in accordance with all applicable regulations. A wastewater
capacity lot count can be calculated as the number of lots that can
be supported by the community wastewater system. Proceed to Step 4.
[3]
If an existing community wastewater collection,
treatment, and disposal system is proposed to be used, the applicant
shall identify the design capacity of the treatment works, the current
operating capacity and flow rates, and the permitted disposal volumes
allowed under the State Pollutant Discharge Elimination System (SPDES)
permit for the facility. A preliminary lot count can be calculated
from available capacity using New York State Department of Environmental
Conservation flow rates for residential uses. This number shall be
referred to as the "wastewater capacity lot count." Proceed to Step
4.
(d)
Step 4: Drinking Water Supply Analysis. The
applicant shall identify the location and production capacity of test
wells established on the property for the purposes of determining
the adequacy of water supply on the property. Production of test wells
shall be documented by a qualified hydrogeologist familiar with conditions
specific to Orange County, who shall submit a report (prepared pursuant
to relevant New York State Department of Environmental Conservation
and Orange County Department of Health standards and guidelines for
drinking water supply sources and Planning Board requirements) to
the Town for its review. The report shall assess the number of lots
able to be supported on the site by the water availability. This number
shall be referred to as the "drinking water supply lot count." Proceed
to Step 5.
(e)
Step 5: Determination of Base Lot Count. The
base lot count shall be the lowest of the lot counts established in
Steps 2 through 4, above, following completion of the Land Conservation
Analysis required in Step 1, and further provided that the gross density
shall not exceed one dwelling unit per 2.33 acres.
[Amended 7-9-2007 by L.L. No. 4-2007]
(3)
Adjusted base lot count. In order to encourage the development of affordable housing, public recreational facilities, and open space preservation, the applicant may seek to increase the base lot count to allow additional dwelling units so that public benefits are achieved. In no case shall the adjusted base lot count exceed the lower of the wastewater capacity lot count, the drinking water supply lot count, or 1.5 times the base lot count established in § 235-14.1A(2)(e), above. The base lot count may be increased by any one of, or any combination of, the following adjustments, subject to the approval of the Planning Board:
(a)
Ten-percent increase over the base lot count
for provision of 10% of the base lot count in affordable housing units
to be constructed by the applicant on the project site or on another
site owned or controlled by the applicant in the Town of Blooming
Grove.
(b)
Five-percent increase over the base lot count for provision of each additional 10% (calculated from net area) of open space beyond the fifty-percent requirement [§ 235-14.1A(4)].
(c)
Ten-percent increase over the base lot count
for adherence to New York State Energy Star guidelines, low-impact
development guidelines, or U.S. Green Building Council Leadership
in Energy and Environmental Design (LEED) standards as they may be
amended from time to time.
(4)
Lot layout. To determine the appropriate layout
of a subdivision, the applicant shall take the following steps:
(a)
Step 1: Land Conservation Analysis. All primary conservation areas identified in the Land Conservation Analysis [§ 235-14.1A(2)(a)] shall be permanently preserved unless the Planning Board, in its sole discretion, determines that disturbance is mitigated by other means and that disturbance is outweighed by other public benefit. Disturbance of secondary conservation areas should be avoided to the greatest extent practicable. A minimum of 50% of the total site area shall be permanently preserved as open space per the standards of § 235-14.1C, "Conservation areas." This open space may include primary or secondary conservation areas.
(b)
Step 2: Location of House Sites. Identify potential
house sites based on the Land Conservation Analysis and identified
areas for wastewater disposal systems and any applicable overlay districts.
Wherever possible, houses and other accessory structures should not
be located closer than 100 feet to primary conservation areas.
(c)
Step 3: Road Layout. Align proposed streets
to provide vehicular access to each house in the most reasonable and
economical way. When lots and access streets are laid out, they shall
be located in a manner that avoids or minimizes adverse impacts on
both the primary and secondary conservation areas. Street connections
between adjoining parcels shall be encouraged to minimize the number
of curb cuts on collector roads and minimize cul-de-sacs to be maintained
by the Town.
(d)
Step 4: Lot Line Layout. Draw individual lot lines. Lot lines should be generally drawn midway between house locations but may follow natural or cultural features such as stream center lines, hedgerows, or stone walls. In general, all lots should be drawn in such a manner as to create a lot that is substantially delineated by right angles but may include L-shaped flag lots meeting the Planning Board's standards (but see § 235-19.1). Triangular, or wedge, shaped lots shall be avoided where possible. The general arrangement of lots and houses on lots should be consistent with rural design principles or hamlet design principles, also referred to as "traditional neighborhood development."
B.
Minor subdivisions. A Minor Subdivision is any subdivision
of land that results in three or fewer new residential lots (excluding
the parent lot from which they are subdivided).
(1)
Determination of lot count.
(a)
For parcels that are greater than 12 acres in
area, the three new lots shall include a total of no more than 25%
of the area of the parent parcel.
(b)
For parent parcels of 12 acres or less, there
shall be no limitation on the area the new lots may cover.
(c)
The number of lots shall not exceed a gross
density of one unit per 2.33 acres.
[Amended 7-9-2007 by L.L. No. 4-2007]
(d)
The minimum lot size of the newly created lots
shall be determined through adequate space for septic and one-hundred-percent
reserve area and separation distances to wells.
(e)
Access to the lots in a minor subdivision shall
not be provided by a cul-de-sac. However, this provision shall not
apply when the total number of existing and newly proposed residential
lots on a cul-de-sac road exceeds three residential lots.
[Amended 7-9-2007 by L.L. No. 4-2007]
(2)
Lot layout.
(a)
The applicant shall submit a sketch plan identifying
the proposed lot layout. For a minor subdivision, the sketch plan
shall recognize natural features identified as primary and secondary
conservation areas in § 235-14A(2)(a), but no formal Land
Conservation Analysis or Planning Board findings are required. No
flag lots are permitted in minor subdivisions.
(b)
Property lines shall be, to the extent practicable,
drawn along existing natural or cultural (e.g., stone walls, hedgerows)
features or shall be perpendicular to a roadway and drawn in such
a manner as to create a lot that is substantially delineated by right
angles.
C.
Conservation areas.
(1)
In major subdivisions, which require the preservation
of 50% of open space, such conservation areas shall include wetlands,
floodplains, steep slopes, or other open space areas having meaningful
scenic, ecological, environmental and/or recreational characteristics,
with such access, shape, size, and location as determined appropriate
by the Planning Board to satisfy the intended purpose, but shall not
include parking areas or roads.
(2)
The permanent preservation of such open space
or conservation areas shall be legally ensured to the satisfaction
of the Planning Board and the Town Attorney by the filing of appropriate
covenants, deed restrictions, easements or other agreements, unless
the Town Board agrees, in its discretion, to accept the dedication
of such areas; or unless all or part of such areas is transferred
to a conservation organization which is dedicated to the permanent
preservation of open spaces and is approved by the Town Board. Said
organization shall be required to submit satisfactory documents ensuring
the preservation of open spaces.
(3)
Whenever a homeowners' or property owners' association
or condominium or cooperative organization (hereinafter collectively
referred to as "association") is proposed, the Town Board shall retain
the right to review and approve the bylaws and charter of said association
and to require whatever conditions it deems necessary to ensure that
the interest and purpose of this chapter is carried out. In consideration
of said approval, the Town Board shall, in part, require the subdivision
and association to meet the following conditions:
(a)
The association shall be established as an incorporated,
not-for-profit organization operating under recorded land agreements
through which each lot owner (and any succeeding owner) is automatically
subject to a charge for a proportionate share of the expense of the
organization's activities.
(b)
Title to all common property shall be placed
in the association, or definite and acceptable assurance shall be
given that title automatically will be so placed within a reasonable
period of time.
(c)
Each lot owner shall have equal voting rights
in the association and shall have the right to use and enjoyment of
the common property.
(d)
Once established, all responsibility for operation
and maintenance of the common land and facilities shall lie with the
association. However, the Town may impose covenants or requirements
to ensure proper operation and maintenance.
(e)
Dedication of all common areas shall be recorded
directly on the subdivision plat and/or site plan and shall be recited
in a separate document which shall be recorded in the Orange County
Clerk's office. Resubdivision of such areas is prohibited. The dedication
shall:
(f)
Covenants shall be established, limiting all
common lands to open space uses. No structures may be built on such
common lands except as approved by the Planning Board.
(g)
Each deed to each lot sold shall include, by
reference, all recorded declarations, such as covenants, dedications
and other restrictions (including assessments and the provision for
liens for nonpayment for such).
(h)
The association shall be perpetual and shall
purchase insurance, pay taxes and specify in its charter and bylaws
an annual homeowners' fee, provision for assessments and establish
that all such charges become a lien on each property in favor of said
association. The association shall have the right to proceed in accordance
with all necessary legal action for foreclosure and enforcement and
enforcement of liens and it shall also have the right to commence
action against any member for the collection of any unpaid assessments
in any court of competent jurisdiction. In addition, the association,
any member thereof and the Town shall be provided with legal authority
to commence an action to enforce conditions imposed by the Planning
Board or the association bylaws. However, the Town shall have no duty
to enforce such condition.
(i)
The developer shall assume all responsibilities
as previously outlined for the association until a majority of the
dwelling sites are sold, at which time the association shall be operated
by an elected Board of Directors whose members shall come from the
association.
(j)
Prior to plan approval, the developer shall
file with the Town Board a performance and/or maintenance bond to
ensure the proper installation and/or maintenance of all recreation
and park improvements shown on the plan. Bond amounts shall be determined
by the Planning Board, subject to approval by the Town Board, and
their form, sufficiency, and manner of execution shall be approved
by the Town Attorney and the Town Board.
(k)
The association shall have the power to adjust
assessments to meet changing needs.
(l)
In the event that the maintenance, preservation
and/or use of the conserved land areas ceases to be in compliance
with any of the above requirements or any other requirement(s) specified
by the Planning Board when approving the subdivision plat or site
plan, the Town shall have the right to take all necessary action to
ensure such compliance and to assess against the association and/or
each individual property owner within the development all costs incurred
by the Town for such purposes.
(m)
Except where otherwise approved by the Planning
Board, conserved land areas shall be preserved in their natural state
and the use of such areas shall be limited to appropriate conservation,
open space and recreation purposes as determined by the Planning Board.
A portion of the conserved land areas may be designated "active recreation
area" on the plat, in a location approved by the Planning Board. Such
private active recreation area shall not exceed 10% of the total area
of the proposed plat. Within such private area, structures and facilities
for active recreational purposes may be constructed and operated for
the use of property owners and their guests. Where determined appropriate,
the Planning Board may specify a phased construction schedule for
such structures and facilities.
(n)
Unless a preserved conservation area is set
aside for public park or recreation purposes, as determined by the
Planning Board, the applicant shall be required to pay the Town's
park/recreation fee.
The Rural Crossroads (RC) I and II Districts
are intended to implement the concepts of traditional development
patterns in which communities that included single-family homes, apartments,
workplaces, shops, restaurants, institutions, or recreational facilities
were developed along the intersections of locally important roads.
The goal of the RC I and RC II Districts is to create a pedestrian-oriented
environment in which residents and those who work in the district
can walk comfortably between different land uses. It is also the intention
to bring smaller-scale commercial uses into the Town.
A.
Minimum lot sizes and open space. Minimum lot sizes
in the RC I and RC II Districts shall be 3,000 square feet.
B.
Two-family dwellings are permitted by right on all
conforming lots within the RC I and RC II Districts.
C.
Multifamily dwellings. The maximum density for new
multifamily dwellings in the RC I and RC II Districts shall be eight
units per acre with public water and sewer. Such dwellings should
have the front entrances on an existing or new street, with parking
behind the buildings and shielded from public view.
D.
Apartments are encouraged to be located in the upper
stories of buildings that have retail, office or service use(s) on
the ground floor.
E.
Setbacks and build-to lines. The setbacks and build-to
lines shall be established by the Planning Board at the time of site
plan approval, in conformance with traditional rural development patterns
and existing context.
F.
The maximum footprint of any structure in the RC I
and RC II Districts shall be 10,000 square feet, except that the Planning
Board may permit a structure of up to 50,000 square feet if it is
an institutional use or anchor use deemed essential to the crossroad's
economic viability.
G.
All residential developments within the RC I and RC
II Districts shall include at least 10% of the dwelling units as affordable.
H.
Any historic structure located on the project site
should be preserved to the extent practicable. Adaptive reuse of historic
structures is encouraged, and the Planning Board or Town Board shall
have the authority to request the applicant to demonstrate why an
historic site can not be reused before approving new construction.
[Amended 7-16-2019 by L.L. No. 3-2019]
The ORI District provides locations where larger-scale
commercial and other nonresidential uses are permitted, as provided
in the Use Table.[1] The provisions of this section shall be reviewed by the
Planning Board, in the case of applications that require site plan
only, conditional use permits, and subdivision reviews, and the Town
Board, in the case of applications requiring a special use permit
A.
Special site design and operational considerations
in the ORI District. The purpose of the ORI District is to allow larger-scale
nonresidential uses that contribute to the Town's tax base and provide
jobs, while protecting the Town's scenic and rural qualities and residential
uses using open space buffers. Impervious surfaces are limited to
50% of the total project area, requiring that 50% of the site be maintained
as open or undeveloped green space. This green space shall be arranged
in a manner that adequately buffers buildings and parking areas from
public roads and neighboring properties, while protecting wetlands,
watercourses, and scenic views. Notwithstanding, the impervious surface
area may be increased to 75% of the total project area for any use
subject to Town Board special use permit approval. The Town Board
shall determine the following in rendering a decision:
(1)
The stormwater quantity and quality can be handled in a manner that
does not impact groundwater resources;
(2)
The location of any additional impervious surface area shall not
cause any significant adverse impact to any adjoining residential
neighborhoods or uses, and the Town Board has the discretion to establish
the minimum setback of any impervious surface area from same.
B.
All new development in the ORI District should comply
with the following design standards. Where alterations to existing
structures and change in use require special permit or site plan approval,
they should comply with these standards to the extent practicable.
The overall design goal is to maintain and enhance the landscape character
of commercial road corridors. This is to be accomplished by mitigating
the visual impacts of business development through landscape, layout,
and architectural standards. The following standards apply in the
ORI District:
(1)
Building placement.
(a)
Buildings should be clustered together to the
extent practical, preserving existing green areas.
(b)
Buildings should be placed in front of their
parking lots to screen the parking from the road. This requirement
should not apply if the entire site is screened from the road by natural
vegetation and/or natural topography.
(c)
Any historic structure located on the project
site should be preserved to the extent practicable. Adaptive reuse
of historic structures is encouraged, and the Planning Board or Town
Board shall have the authority to request the applicant to demonstrate
why an historic site can not be reused before approving new construction.
(2)
Architecture and building design.
(a)
Trademarked architecture that identifies a specific
company by building design features shall be prohibited, unless the
applicant can demonstrate that the design is compatible with the historic
architecture of the region or development of the area.
(b)
Large buildings (footprints greater than 10,000
square feet) should be designed with visually separate but physically
connected smaller volumes using building proportions found in the
region's traditional architecture.
(c)
Any historic structure on the project site or
adjacent to the project site shall be identified in the design process,
and any new construction shall be designed in context with the historic
structure.
(3)
Landscaping. Undeveloped and developed areas
should be managed to maximize recharge of groundwater, protection
of surface water quality, and protection of wildlife habitat. Frequent
mowing of areas not used for agriculture or pedestrian access should
be discouraged in favor of management as open meadows.
[1]
Editor's Note: The Use Table is included at the end of this chapter.
A.
Scenic Gateways Overlay District.
(1)
Applicability.
(a)
For the purpose of protecting the gateway areas
in the Town of Blooming Grove, the provisions and standards shall
be in addition to the use, bulk and site development regulations applicable
to any use located in any district to which the Gateways District
is applied.
(b)
Boundaries. The Gateway Overlay District includes
all land as shown on the Town's Zoning Overlay Map.
(2)
Site plan approval requirement. Within the Gateway
Overlay District, site plan approval shall be required for the erection,
construction, or significant alteration of a building or structure.
(3)
Standards. The Planning Board shall consider
the following issues when reviewing an application within the Gateway
Overlay District. Specific aspects of design will be examined to determine
whether the proposed development meets the intent of this section.
(a)
Site design consideration. The Planning Board
shall consider how the proposed use within the Gateway Overlay District
addresses the following criteria:
[1]
The functional relationship of the site to its
surroundings;
[2]
Separation or integration of vehicular, pedestrian
and bicycle traffic patterns;
[3]
The arrangement and adequacy of off-street parking
facilities and access points;
[4]
The location of loading docks and bays;
[5]
The illumination plans;
[6]
The sight distance requirements of the streets
and driveways;
[7]
The coordination of the site development with
planned right-of-way alignments, acquisitions, and street improvements;
[8]
Urban design and aesthetic considerations; and
[9]
Any sensitive lands located on the property
or possibly affected by the proposed development must be avoided or
disturbance mitigated to the maximum extent practicable.
(b)
Site landscaping. The site landscaping should
provide sound and sight buffers, and conceal or screen unsightly areas.
In its review of the proposed use, the Planning Board shall:
[1]
Evaluate the location, height, and materials
of walls, fences, hedges and screen plantings;
[2]
Evaluate plans for the maintenance of finished
landscaping;
[3]
Evaluate plans for sound and sight buffers in
consideration of the preservation of views, light and air, both on
the site and on adjacent property; and
[4]
Evaluate the design and application of open
spaces.
(c)
Signage. The Planning Board shall evaluate the
size, location, design, color, texture, lighting, and hours of operations
of all signs and advertising features.
(d)
Utilities. In its review of the proposed use,
the Planning Board shall evaluate the proposal for the following criteria:
(e)
Building design considerations. In its review
of the proposed use, the Planning Board shall evaluate the proposal
for the following criteria:
[1]
Building mass and its relationship to surrounding
development and its proposed use;
[2]
Proportion of any proposed building for compatibility
with the proposed use and other structures within the Gateway area;
[3]
The number, scale, and arrangement of building
openings. Building openings should provide interest through the use
of such features as balconies, bays, porches, covered entries, overhead
structures, awnings, changes in building facade and roofline alignment;
and
[4]
Use of exterior materials and color to reduce
apparent building mass and blend with the surrounding area.
B.
Scenic Viewshed Overlay District.
(1)
Intent.
(a)
It is the intent of the Town of Blooming Grove
to protect and conserve the scenic viewsheds identified herein, to
ensure that the benefits found to be provided by such scenic viewsheds
will not be lost for present and future generations and to protect
the broader public interest.
(b)
These regulations are enacted with the intent
of providing an equitable balance between the rights of the individual
property owners to reasonably use private property and the rights
of present and future generations of the public. This section recognizes
the rights of such adjoining property owners to use their property
for reasonable purposes, consistent with these and other regulations
and controls, provided that such use, in the judgment of the appropriate
agency or official of the Town, does not result in a significant loss
or impairment to the scenic resource of the function it fulfills.
(2)
Applicability.
(a)
For the purpose of protecting scenic viewsheds,
the provisions and standards of this section shall be in addition
to the use, bulk and site development regulations applicable to any
use located in any district to which the Scenic Viewshed Overlay District
is applied.
(b)
Location. The Scenic Viewshed Overlay District
includes all land as shown on the Town's Zoning Overlay Map.
(3)
General provisions.
(a)
Prior to the initiation of any land disturbance
or construction activity within the designated Scenic Viewshed Overlay
area, the owner of such property shall apply for and obtain approval
from the Planning Board. To the maximum extent practicable, all plan
review, hearing and decision required under this chapter shall be
coincident with other procedures and applications that may be before
the Planning Board relating to the same or a similar activity.
(b)
If the provisions of this chapter conflict with
any other provisions of the Code of the Town of Blooming Grove, the
provisions that impose the more stringent requirement or standard
shall apply.
(c)
Visual assessment review requirement. Applicants
shall submit a visual assessment, which shall consist of the items
listed below unless waived by the Planning Board. In assessing visual
impacts, it is important to cover all possible viewpoints. If this
is not practicable, key viewpoints shall be selected on major routes
(e.g., roads, walkways, footpaths, and hiking tracks) and at activity
nodes (e.g., residential areas, important open spaces and landmarks).
The Planning Board shall review and approve the vantage points from
which the visual assessment shall be conducted prior to the analysis.
[Amended 12-13-2017 by L.L. No. 12-2017]
[1]
An aerial photograph at a scale appropriate
to show the property for which an application has been submitted and
other elements within the scenic viewshed.
[2]
Perspective drawings, photosimulations, plans
and section/elevation diagrams, and/or photographs.
[3]
A factual description of the existing site,
based on surveys conducted on site.
[4]
A description of the proposed development.
[5]
A description of the predicted level of impact.
[6]
Suggestions on the scope of mitigative measures
(if necessary) to ameliorate the potential impact.
[7]
The Planning Board is authorized to require
any additional information it deems necessary as part of its visual
assessment review.
[8]
In evaluating the visual impact, the Planning Board
shall consider whether or not the analysis was conducted during on-
or off-leaf conditions, whether the existing or proposed vegetative
materials will provide year-round screening, and whether the applicant
has ownership control of any vegetative screening intended to mitigate
visual impacts, e.g., vegetation which is within a road or utility
right-of-way over which an outside agency has ownership and maintenance
control.
(4)
Standards.
(a)
Vegetation and landscaping.
[1]
The planting of trees is encouraged to shade
and enclose a building or other development site and to define the
edge of the public realm and private space. Existing specimen trees
shall be maintained to the extent feasible. Species selected for planting
shall be appropriate to this climate and setting.
[Amended 12-13-2017 by L.L. No. 12-2017]
[2]
Minimal cutting for placement of structures
is appropriate. Removal of contiguous areas of smaller trees is permitted
subject to Planning Board review and approval. Clear-cutting of mature
trees is subject to review and approval by the Planning Board.
[3]
Wherever possible, if an applicant or owner
seeks to open views, that should be accomplished by selective cutting
of small trees and pruning lower branches of large trees, rather than
by clearing large areas or removing mature trees.
(b)
Structures.
[1]
New development proposed should be designed
to preserve distinctive features of the scenic viewshed, including
tree canopy, stone walls, winding road character, and scenic views,
and to limit the visibility of new development.
[2]
New development adjacent to or within scenic
open vistas shall be designed to avoid adverse impact to scenic resources.
[3]
For new subdivisions, building sites shall be
arranged to maximize the use of existing and proposed road segments
to minimize new forest clearing. Shared driveways and looped roads
are encouraged.
[4]
Buildings and structures should be placed in
small hollows or otherwise protected areas to preserve the vistas
of the scenic viewshed.
[Amended 12-13-2017 by L.L. No. 12-2017]
[5]
Building and structure materials, colors, and
textures should be designed to blend with the natural environment.
The use of natural wood siding, stained or painted in an earth-tone
color, is encouraged. Native stone is also an ideal material for building
walls and for facades. White and light colors, brightly finished metal,
and glossy surface materials reflect light and are discouraged. In
general, browns, greens, grays, and other earth tones are the least
obtrusive.
[Amended 12-13-2017 by L.L. No. 12-2017]
[6]
Windows should be of low reflectivity. Any large
windows shall be partially screened from direct public view by trees.
Upper and high windows should be smaller to reduce visual impact.
[7]
Utilities. The utility should cross the scenic
road at the shortest possible distance. The utility shall place all
pipe, wire, and appurtenances underground unless permitted otherwise
by the Planning Board. If aboveground structures are necessary, they
shall be painted to blend into the environment to soften the visual
impact. The utility shall conduct its construction activities so as
to disturb a minimum amount of vegetation and soil.
(c)
Landform.
[1]
Cut and fill activity shall be minimized in
all disturbed areas.
[2]
Natural drainways, contours, and land forms
shall be preserved.
[3]
Development along and/or projecting above ridgelines
and other visually prominent locations is subject to the provisions
of the Ridgeline Overlay District.
[4]
Conservation easements may be used to provide
natural buffers and vegetative screening between land uses, as well
as between developed areas and public roadways.
(d)
Circulation systems.
[1]
Circulation systems for both vehicular and pedestrian
systems should be evaluated. In general rural vehicular and pedestrian
systems are curvilinear in alignment, a pattern that evolved out of
historic systems following natural landforms. It is only in hamlet
or crossroads areas that roads and streets should take on geometric
forms reflecting the built environments they move through.
[2]
Driveway widths and alignments should be designed
to be visually sensitive. Add gentle curves in driveway layout to
reduce visual impact.
C.
Ridgeline Overlay District.
(1)
Intent. The purpose of the Ridgeline Overlay
District (RL) is to establish clear guidelines for protection of the
Town's hillsides and ridgelines, which are found largely at higher
elevations and steeply sloped areas and serve to:
(a)
Retain major natural topographic features, such
as drainage swales, steep slopes, watershed areas, view corridors
and scenic vistas;
(b)
Preserve and enhance the prominent landmark
features, such as natural rock outcroppings, prominent trees and plants,
other areas of special natural beauty, and stone walls and structures;
(c)
Preserve and introduce plants so as to protect
slopes from soil erosion and minimize the visual effects of grading
and construction on hillside areas.
(2)
Applicability. For the purpose of protecting
ridgelines, the provisions and standards shall be in addition to the
use, bulk and site development regulations applicable to any use located
in any district to which the Ridgeline Overlay District is applied.
The Ridgeline Overlay District is shown on the Town's Zoning Map.
(3)
General provisions.
(a)
The provisions of this section shall apply to
all applications for land use development, including site plan, subdivision,
special use and conditional use permits, zoning variances, building
permits for new residential dwellings, dwelling additions exceeding
300 square feet, and accessory structures exceeding 300 square feet,
on any parcel of land lying fully or partially within the Ridgeline
Overlay District.
(b)
To ensure the placement of structures outside
of the exposed ridgeline area on proposed building lots, building
sites or vacant land, including areas of vegetation, shall be clearly
designated on the applicable subdivision plat and/or site plan.
[Amended 12-13-2017 by L.L. No. 12-2017]
(c)
No land shall be developed and no building or
structure erected, expanded, or developed unless the Planning Board
finds that the development proposed will be consistent with the standards
of the Ridgeline Overlay District and grants approval.
(d)
Sites in the RL District, also located within
the Scenic Roads, Scenic Viewshed or Scenic Gateways Overlay Districts
are subject to the provisions and standards found therein.
(4)
Standards.
(a)
Height.
[1]
The total height of any structure or accessory
element attached to any structure shall be measured from the natural
ground level to the top of the structure or to the top of the uppermost
accessory affixed to the structure, whichever is higher.
[2]
Restrictions on height. Within the RL District,
no principal or accessory structure with a height of greater than
25 feet shall be constructed.
[Amended 12-13-2017 by L.L. No. 12-2017]
[3]
Structures shall comply with other height provisions
of the Zoning Law if they are more restrictive.
(b)
Design requirements.
[1]
Placement of structures.
[a]
To the maximum extent practicable,
buildings, structures, towers or storage tanks or other improvements
within any area defined as ridgeline shall not be visible above the
top of the ridgeline, or above the top of vegetation located within
the ridgeline area, from surrounding private property or public rights-of-way
in adjoining lowlands or adjoining ridgelines by cause of excessive
clearing, building or structure height, or location of any building
or structure with respect to the top of the ridgeline.
[b]
Wherever practical, structures
should be sited at the lowest elevation possible to be as visually
inconspicuous as possible when seen from a distance and from lower
elevations.
[c]
No structure shall have a footprint
greater than 2,500 square feet for a two-story house or 5,000 square
feet for a one-story house, and no other structure shall have a footprint
greater than 2,500 square feet.
[Amended 12-13-2017 by L.L. No. 12-2017]
[2]
Materials and colors. Structures should blend
in with natural surroundings through preferred materials such as stone
and/or natural wood siding. Reflective materials and bright colors
that contrast dramatically with the colors of the land and vegetation
around them should not be used as predominate colors on any wall,
roof or other structural surface.
[Amended 12-13-2017 by L.L. No. 12-2017]
(c)
Visibility. All structures should be sited to
avoid, to the greatest extent practical, occupying or obstructing
public views of land within the Ridgeline Overlay District. Public
views should be considered to be from any location listed on the SEQR
visual environmental assessment form addendum (V-EAF) or as otherwise
required by the Planning Board.
(d)
Lighting. The location, height, design, arrangement
and intensity of outside lighting should minimize glare and should
be directed and shaded such that light should not be directed off-site.
Exterior lighting in the Ridgeline Overlay District shall be controlled
in both height and intensity and shall be in conformance with the
requirements established herein. Under no circumstances shall the
light level at any lot line exceed 0.2 footcandle, measured at ground
level. Floodlights shall not be used to light any portion of a principal
or accessory structure facade, and all outdoor light sources mounted
on poles or buildings or trees to illuminate driveways, sidewalks,
walkways, parking lots, or other outdoor areas shall use fully shielded
light fixtures. For purposes of this section, a "full cutoff light
fixture" is one in which no more than 2.5% of the total output is
emitted at 90° from the vertical pole or building wall on which
it is mounted. All such fixtures shall be installed or shielded so
that part of the light bulb or light source is not visible beyond
the property boundaries.
(e)
Vegetation. Existing vegetation within ridgeline
areas shall be preserved to the maximum extent practicable. Every
attempt shall be made to limit cutting necessary for either construction
or the opening of views from the subject site so as to maintain native
vegetation as a screen for structures, as seen from public roads or
parks or other public views. Clear-cutting of all trees in a single
contiguous area shall be prohibited unless expressly permitted by
the Planning Board as part of an approval for a site plan or subdivision
application.
(f)
Preservation of scenic features. In any application
subject to this section, features that provide scenic importance to
the ridgeline area should be preserved to a reasonable extent. These
features include but are not limited to individual healthy trees within
open fields, historic structures, hedgerows, public or private unpaved
country roads, and stone walls.
(g)
Signs. No signs are permitted that will be visible
above the tree canopy.
D.
Scenic Roads Overlay District.
(1)
Applicability.
(a)
For the purpose of protecting scenic roadways,
the provisions and standards shall be in addition to the use, bulk
and site development regulations applicable to any use located in
any district to which the Scenic Roads Overlay District is applied.
(b)
Boundaries. The Scenic Roads Overlay District
includes all land as indicated on the Town's Zoning Overlay Map. This
section is intended to apply to those sections of road corridors that
substantially retain their scenic character and have not been subject
to significant commercial or intensive residential development.
(2)
General provisions.
(a)
Prior to the initiation of the following activities
within the designated buffer area on land adjoining a scenic road,
the owner of such property shall apply for and obtain approval from
the Planning Board:
[1]
Construction of any structure or any addition
to a structure greater than 500 square feet in footprint area, including
residential structures.
[2]
Clear-cutting of more than 5,000 square feet
of vegetation on any parcel.
[3]
Grading or other alteration of more than 5,000
square feet of the natural landscape.
(b)
If the provisions of this chapter conflict with
any other provisions of the Code in the Town of Blooming Grove, the
provisions that impose the more stringent requirement or standard
shall apply.
(3)
Visual assessment review requirement. Applicants
shall submit a visual assessment, which shall consist of the items
listed below unless waived by the Planning Board. In assessing visual
impacts, it is important to cover all possible viewpoints. If this
is not practicable, key viewpoints shall be selected on major routes,
e.g., roads, walkways, footpaths, and hiking tracks, and at activity
nodes, e.g., residential areas, important open spaces and landmarks.
(a)
An aerial photograph showing the subject property
and adjoining areas.
(b)
Perspective drawings, plans and section/elevation
diagrams, and/or photographs of proposed improvements.
(c)
A factual description of the existing site,
based on surveys conducted on site.
(d)
A description of the proposed development.
(e)
A description of the predicted level of impact.
(f)
Suggestions on the scope of mitigative measures
(if necessary) to ameliorate the potential impact.
(4)
Standards.
(a)
A continuous vegetated buffer, agricultural
use, or open field, at least 100 feet deep, shall be maintained on
all scenic roads. Within such area there shall be no significant disturbance
such as buildings, grading, or clearing, with the exception of access
corridors to and from the property when approved by the Planning Board.
(b)
The buffer shall closely resemble the natural
appearance of the undeveloped land.
(c)
The provisions of this section shall not apply
to currently developed property in such designated areas, provided
that the character of what would be the one-hundred-foot vegetative
buffer is maintained in its current state.
(d)
Vegetation. Any planting along designated scenic
roads should be for revegetative purposes or to enhance unattractive
roadside conditions. All plant material used for these purposes should
be similar plant material indigenous to the area.
(e)
Utilities. The utility should cross the scenic
road at the shortest possible distance. The utility shall place all
pipe, wire, etc., underground if possible. If aboveground structures
are necessary, they should be painted to blend into the environment
to soften the visual impact. The utility shall conduct its construction
activities so as to disturb a minimum amount of vegetation and soil.
(f)
Fences. Chain link fences and stockade or other
fence designs that block visual access to land in the corridor shall
be prohibited, unless such fences are necessary to screen a preexisting
use that does not conform to the requirements of this section.
(g)
Design. New development proposed adjacent to
scenic roads shall be designed to preserve distinctive features of
the scenic road, including tree canopy, stone walls, winding road
character, and scenic views, and to limit the visibility of new development.
New development adjacent to or within scenic open vistas shall be
designed to avoid adverse impact to scenic resources.
E.
Surface Water Overlay District.
(1)
Applicability.
(a)
A one-hundred-foot buffer strip shall be maintained
along the edge of any stream, lake, pond, or other water body, including
wetlands and any associated one-hundred-year floodplain boundary.
This setback shall apply to all uses. Setbacks shall be measured horizontally
from the mean high water line of the watercourse.
(b)
For the purpose of protecting surface waters
and providing flood protection in the Town of Blooming Grove, the
provisions and standards shall be in addition to the use, bulk and
site development regulations applicable to any use located in any
district to which the Surface Water Overlay District is applied.
(2)
Use regulations.
(a)
Permitted uses, special permit uses, accessory
uses, dimensional standards and special requirements shall be as established
by the underlying zoning district, unless specifically modified by
the requirement set forth herein.
(b)
The following uses shall be specifically prohibited
within the Surface Water Overlay District: motor vehicle service stations
and large-scale solar systems.
[Amended 12-13-2017 by L.L. No. 12-2017]
(3)
Site plan approval requirement.
(a)
Within the Surface Water Overlay District, applications
for building permit, site plan approval, area variance, use variance,
or other land development proposal, including the subdivision of land,
occurring wholly or partly in the Surface Water Overlay District shall
be submitted to the Planning Board. This shall be required for the
following:
[1]
Construction of any structure greater than 500
square feet in footprint area.
(c)
Applications for development within the Surface
Water Overlay District will be evaluated by the Planning Board to
ensure that:
[1]
The proposed development will not result in
degradation of scenic character and will be aesthetically compatible
with its surroundings.
[2]
The proposed development prevents non-point
source pollution to the maximum extent possible, by taking into account
site conditions such as slope, soil type and erosivity, and vegetative
cover.
[3]
The proposed development will not result in
any modifications to the floodplain area or floodway so as to cause
any increased flooding on any other properties within the Town.
[4]
Grading and removal of vegetation at a development
site is minimized and erosion and sediment control measures are in
place and properly installed.
[5]
The Planning Board may require that no application
of chemicals, vegetation removal, and/or mowing be permitted in the
one-hundred-foot stream buffer.
(4)
Erosion and stormwater control plan requirement.
For any special permit, site plan, or subdivision application in which
land to be disturbed lies partially within the Surface Water Overlay
area, an erosion and sediment control plan, prepared pursuant to New
York State Department of Environmental Conservation standards, shall
be required if the total disturbed area (including portions outside
the Surface Water Overlay area) exceeds 10,000 square feet.
F.
Mining.
[Added 9-7-2021 by L.L. No. 2-2021]
(1)
Applicability. Mining operations, including the quarrying operations
for sand, gravel or other materials, and the removal of the product
from the earth and its washing, screening, crushing, processing, weighing
and loading for transportation, fuel storage, power generation and
repair facilities, will be allowed in the Mining Overlay Zoning District
by special use permit approval as set forth below. The following special
use permit conditions will apply to all mining operations:
(2)
Mined land reclamation permit. The New York State Department
of Environmental Conservation (DEC) is the entity responsible for
administering the permits for mining applications made to the state.
It is the Town's intent to provide input on the conditions that should
be included in DEC mining permits issued for operations located within
the Town and to assist in the enforcement of any resulting DEC mining
permit conditions, as permitted by state statute. The following procedure
will apply for the approval of special use permits for parcels of
land that are not existing at the time of the enactment of this subsection
for mining operations requiring a DEC permit not previously approved:
(a)
The Supervisor of the Town, upon receipt of a complete application
for a mining permit from the DEC or for a special use permit, will
forward said application to the Planning Board within 10 days following
receipt.
(b)
Recommendations of the Planning Board and Highway Superintendent.
The Planning Board, in consultation with the Highway Superintendent,
will, within 30 days of the receipt of an application, provide the
DEC with recommendations on conditions to be included in the state
mining permit within the following categories:
[1]
Ingress, egress and the routing of mineral transport
vehicles on roadways reviewed by the Town.
[2]
Appropriate setbacks from property boundaries or
public rights-of-way.
[3]
The need for man-made or natural barriers designed
to restrict access and the type, length, height and locations thereof.
[4]
The control of dust.
[5]
Hours of operation.
(c)
Upon receipt of the resulting DEC mining permit, the applicant
will submit to the Planning Board a copy of the permit and all information
provided to the DEC in support of the application. The Planning Board
will accept the information as a complete special use permit/site
plan application once the applicable Town application fees have been
received. The Planning Board will then incorporate into the Town special
use permit any conditions imposed by the DEC as part of the state
mining permit and conditions relating to:
[1]
Ingress, egress and the routing of mineral transport
vehicles on roadways controlled by the Town.
[2]
Appropriate setbacks from property boundaries or
public road rights-of-way.
[3]
The need for man-made or natural barriers designed
to restrict access and the type, length, height and location thereof.
[4]
The control of dust.
[5]
Hours of operation.
[6]
Enforcement of reclamation requirements contained
in the mine's approved reclamation plan.
(3)
Standards: The following additional standards will apply to
all new applicants for sand, gravel and other quarrying and mining
excavation industries that are not existing at the time of the enactment
of this subsection and are not superseded by the NYSDEC as part of
the mined land reclamation regulations.[1] Further, any commercial or light industrial use conducted in connection with a mining operation will require a special use permit and site plan approval in accordance with Articles IX and XI of this chapter and the regulations set forth in this § 235-14.4F.
(a)
Sand, gravel and other quarrying and other mining excavation
industries, where permitted, will extend no closer than 250 feet to
any existing public road or property line of a property in residential
use. In the case of blasting operations, this distance may be increased
by the Planning Board. The Board may also limit the extension of such
operations within or into any aquifer or watershed protection zone
that may be designated by the Town of Blooming Grove to protect a
public water supply.
(b)
Asphalt. The manufacturing or processing of asphalt will not
be considered part of any extraction industry.
(c)
Traffic studies. The Planning Board may require traffic studies
to determine the need for special entrance designs, the construction
of acceleration and deceleration lanes and the like.
(d)
The storage and/or burial of machinery, junk, debris, or any
other non-mine-related items will not be allowed on site. The site
will not be used to park commercial trucks or heavy equipment not
directly involved with the currently permitted mining operation.
(e)
All mines not existing at the time of the enactment of this
subsection, during excavation or quarry operations, where there are
open pits and open quarry walls on the property in which active operations
are occurring, will be entirely surrounded by a substantial fence
at least six feet high located no less than 150 feet from the mine
excavation to safeguard the public and prevent an attractive nuisance.
Such fence is to be erected so as to effectively block access to the
area, with suitable gates provided with locks. The top and/or toe
of slope will not be closer than 40 feet to a property line.
(f)
The Planning Board may require the applicant to submit a screening
and buffer plan to minimize visual impacts on surrounding properties
or adjacent roadways. Such plan will identify the location, height,
type and other appropriate details of all proposed perimeter fencing,
berming, landscaping or other screening and buffering measures.
(g)
Excavation, quarrying and mining operations may be conducted
between the hours of 7:00 a.m. and 5:00 p.m., Monday through Friday,
and between 7:00 a.m. and 12:00 noon on Saturday, and will not be
conducted on Sunday or on national or state holidays.
(h)
Rock crushing, cement production, other crushing, grinding,
polishing or cutting machinery, or other physical or chemical process
for treating the product of such excavation will require a separate
special use permit and site plan approval by the Planning Board. Such
activities will not be located closer than 100 feet to any property
line.
(i)
The applicant may be required to furnish a performance bond,
in an amount determined by the Code Enforcement Officer or Town Engineer,
to be sufficient to guarantee completion of any finished grading and
drainage plan. Such bond will be released only upon certification
by the Code Enforcement Officer that all requirements, including the
finished grading and drainage, have been met.
(j)
No special permit for excavation operations or soil mining will
be granted for a period of more than five years, but such permit may
be extended for additional five-year periods, upon approval of the
Planning Board.
[1]
Editor's Note: See Environmental Conservation Law § 23-2701
et seq.
(4)
Other uses related to the mining operation. All mines existing
at the time of the enactment of this subsection or new mines established
after the enactment of this subsection will require separate special
use permit approval.
(a)
Within the M Overlay District, an applicant may be allowed to
use the property for a light industrial use specifically related to
the aggregate being mined thereon. Any such use, which may encompass
an area or building, including any accessory uses, of less than 45,000
square feet, will be subject to special use permit approval by the
Planning Board. Any such use exceeding 45,000 square feet in area
will require a special use permit from the Town Board. The applicant
will demonstrate, to the satisfaction of the boards, that the aggregate
is specifically the source for the light industrial or commercial
uses proposed.
(b)
No building will exceed a building height of one story, or 40
feet. All principal and accessory buildings and structures, including
parking, will be set back no less than 100 feet from any lot line.
(c)
Existing buildings associated with the mining operation within which related uses are conducted, e.g., an office building for administration, will be permitted, provided that said buildings are not expanded or demolished, and will not require a variance from the provisions of Subsection F(4)(b) herein.
(5)
Preexisting quarries, sand or gravel pits. Any quarry, sand
or gravel pit existing at the time of the enactment of this subsection
will be permitted to continue operations and will conform with any
and all standards and requirements as set forth by the NYSDEC as part
of the mined land reclamation regulations[3] and United States Department of Labor Mine Safety and
Health Administration (MSHA) pursuant to their preexisting mining
permit.
[3]
Editor's Note: See Environmental Conservation Law § 23-2701
et seq.
(6)
Zoning amendments. Any applicant seeking to conduct any mining operations in the Town of Blooming Grove may do so only upon submission of a zoning petition in accordance with the requirements of Article XIX, Amendments, of this chapter.
(7)
Unlisted uses. Mining operations will not be deemed an unlisted
use in the Table of General Use Requirements[4] and will only be conducted within a Mining Overlay Zoning
District.
[4]
Editor's Note: The Table of General Use Requirements is included as an attachment to this chapter.
(8)
Base zoning district. The M District is an overlay district,
and all uses and regulations pertaining to the base zoning district
will still apply to properties also located in the M Zoning Overlay
District when the mining operation ceases, or when a special use permit
has expired. Otherwise, the regulations pertaining to the M Overlay
will supersede those of the base zoning district where a special use
permit has been issued for mining and related uses.
[Added 12-13-2017 by L.L.
No. 13-2017; amended 7-16-2019 by L.L. No. 3-2019]
The NNI District provides an opportunity for the establishment
of new uses or the adaptive reuse of existing buildings, such as those
located at Camp LaGuardia, where larger-scale non-nuisance and other
nonresidential uses are permitted, as provided in the Use Table. The
provisions of this section shall be reviewed by the Planning Board,
in the case of applications that require site plan only, conditional
use permits, and subdivision reviews, and the Town Board, in the case
of applications requiring a special use permit.
A.
Special site design and operational considerations in the NNI District.
The purpose of the NNI District is to allow larger-scale nonresidential
uses that contribute to the Town's tax base and provide jobs, allow
an opportunity for the adaptive reuse of buildings within the district
if pursued by an applicant and approved by the approving board, while
protecting the Town's scenic and rural qualities and adjoining residential
neighborhoods. Impervious surfaces are limited to 60% of the total
project area, requiring that 40% of the site be maintained as landscaped,
open or undeveloped green space. This green space shall be arranged
in a manner that adequately buffers buildings and parking areas from
neighboring properties, and can incorporate wetlands, watercourses,
and scenic views. Notwithstanding, the impervious surface area may
be increased to 75% of the total project area for any use subject
to Town Board special use permit approval. The Town Board shall determine
the following in rendering a decision:
(1)
The stormwater quantity and quality can be handled in a manner that
does not impact groundwater resources;
(2)
The location of any additional impervious surface area shall not
cause any significant adverse impact to any adjoining residential
neighborhoods or uses, and the Town Board has the discretion to establish
the minimum setback of any impervious surface area from same.
B.
All new development in the NNI District should comply with the following
design standards. Where alterations to existing structures and change
in use require site plan approval, they should comply with these standards
to the extent practicable. The overall design goal is to ensure that
design of future development in the district is visually attractive
and an asset to the Town, through adherence to landscape, layout,
and architectural standards. The following standards apply in the
NNI District:
(1)
Building placement.
(a)
Buildings should be clustered together to the extent practical,
preserving existing green areas. More than one principal building
is allowed on a lot.
(b)
Depending upon the operational characteristics of the proposed
use, the approving board will determine whether buildings are to be
placed to the front or rear of their parking lots. The intent is to
ensure that the layout limits potential noise, lighting, visual and
other impacts to adjoining residential uses.
(c)
Any historic or architecturally significant building or structure
located on a project site should be preserved to the extent practicable.
Adaptive reuse of historic or architecturally significant structures
is encouraged, and the approving board shall have the authority to
require during site plan review that the applicant demonstrate why
a site and its building or structures cannot be reused.
(2)
Architecture and building design.
(a)
Trademarked architecture that identifies a specific company
by building design features shall be prohibited, unless the applicant
can demonstrate that the design is compatible with the historic architecture
of the region or development of the area.
(b)
Large buildings (footprints greater than 10,000 square feet)
should be designed with visually separate but physically connected
smaller volumes using building proportions found in the region's traditional
architecture. The approving board, at its discretion and upon a review
of the use and its operational characteristics, may waive this requirement
to the extent that the proposed use cannot operate properly in a building
so designed, and the larger building is determined to not have a visual
impact on any adjoining residential neighborhood.
(c)
Any historic or architecturally significant building or structure
on the project site or adjacent to the project site which will be
adaptively reused shall be identified in the review process, and the
approving board may require that any new construction associated with
the historic or architecturally significant building or structure
be designed in context with same.
(3)
Landscaping. Undeveloped and developed areas should be managed
to maximize recharge of groundwater, protection of surface water quality,
and protection of wildlife habitat. Frequent mowing of areas not used
for agriculture or pedestrian access should be discouraged in favor
of management as open meadows.
(4)
Parking in more than one municipality. Where a property straddles
the Town boundary with another municipality, and buildings and land
which may be adaptively reused or developed may be in two municipalities,
the approving board may allow any required parking for a use in the
NNI Zoning District to be situated in the adjoining municipality,
provided appropriate easements or restrictions ensure that the parking
shall remain during the duration of the use.
(5)
Recreation uses. Any recreation uses which may be developed
in the NNI District shall be indoor recreation uses only, except that
the Town Board may approve outdoor recreation facilities accessory
to an entertainment complex or hotel as part of its special use permit
authority.
(6)
Agricultural uses. Agricultural crop production is allowed,
and an agricultural operator shall demonstrate that said use can be
conducted, if applicable, within a floodplain or wetland, in accordance
with state and local regulations governing same.
(7)
Access over existing streams. The approving board, during site
plan review, shall encourage the preservation of existing bridges
or other access which may provide existing or future access from one
portion of a property to another, for purposes of minimizing further
stream encroachment.
(8)
Vehicular access. The approving board may allow access to a
property to be located on another property which may be located in
the neighboring municipal jurisdiction, provided appropriate easements
or restrictions ensure that the access shall remain during the duration
of the use.
(9)
Adaptive reuse. The approving board, in its discretion, may waive the bulk requirements for the NNI District, consistent with provisions set forth in § 235-14A, where the approving board finds that such waiver is necessary to allow the adaptive reuse of an existing building or overall property in the NNI District and said waivers will not have any negative impact on an adjoining residential neighborhood.
(10)
Noise, lighting and visual buffer. The approving board, in its
discretion, may require that a vegetative or solid barrier be installed
and placed on the lot on which development is proposed and an adjoining
residence to mitigate fully any potential negative noise, lighting,
visual, or other impacts which may result from operation of the use.
The approving board shall determine the appropriate width of the buffer,
taking into consideration the distance of any part of the operation
(including vehicle or truck parking areas) to a residence, and any
intervening vegetation, fences, buildings or structures which may
reduce said impacts.
