Town of Wallkill, NY Article XVIII Additional Provisions

§ 249-80 Conservation subdivisions.

[Added 11-30-2005 by L.L. No. 12-2005; amended 7-26-2007 by L.L. No. 15-2007, 12-9-2009 by L.L. No. 8-2009[1]]

A. Intent and purpose.

(1) The purpose of this section is to allow future subdivision of land and the construction of new home sites in the Town of Wallkill to be creatively designed and located in the landscape in a way that protects the natural resources and desirable character of the Town. In addition to this general purpose, conservation subdivisions shall promote the following objectives:

(a) Maintain the rural and open character of the Town and encourage the preservation of open space.

(b) Protect important views and scenic corridors as well as steep slopes, hillsides, and ridges.

(c) Conserve scenic resources of rural corridors and roads and reduce the occurrence of strip development.

(d) Protect historic, archeological, and cultural features.

(e) Protect valuable wildlife and habitat areas.

(f) Locate buildings and structures on portions of the site that are most appropriate for development considering development suitability and conservation importance.

(g) Allow for site design that provides flexibility and encourages a more practical lot layout, utility, and transportation network and facilitate the construction and maintenance of streets, utilities and public services in an economical and efficient manner.

(h) Encourage site design that is appropriate to the existing setting and consistent with surrounding land use and development patterns.

(i) Reduce adverse impacts of growth on surface water and groundwater quality.

(j) Protect contiguous open space areas and corridors.

(k) Promote efficient use of land in harmony with its natural features.

(l) Promote the maintenance of agricultural lands, farmland and farm uses.

(m) Encourage the creation and provision of neighborhood-scale recreation resources through the subdivision and development process.

(n) Bring a direct benefit to the Town overall.

(2) This section should be used in conjunction with the Wallkill conservation subdivision design guidelines which are intended to illustrate the basic concepts and preferred design methods for conservation subdivision development.

B. Applicability. The Planning Board is authorized to permit use of this section, Conservation subdivisions, for Residential Type II subdivision applications:

(1) In the RA or RA-1 Districts, with a minimum total parcel size of not less than 15 acres or that result in the creation of eight or more lots (or dwelling units) from a parent parcel.

(2) In the R-1 or R-2 Districts, with a minimum total parcel size of not less than 10 acres or that result in the creation of 15 or more lots (or dwelling units) from a parent parcel.

C. Criteria for acceptance. Applicants may submit a request for a conservation subdivision if the site includes at least three of the following features which could be preserved to maintain the overall character and natural beauty of the land:

(1) Is adjacent to other conservation or protected land areas which could be expanded.

(2) Has significant road frontage which provides public views of the parcel as part of the local streetscape or viewshed.

(3) Is located on a hill or bluff which is readily visible from surrounding areas, providing public views of the natural hillside as part of the local viewshed.

(4) Includes cultural resources such as historic or locally important houses, especially if they are visible from the local streetscape or viewshed, barns, stone walls or foundations, cemeteries, etc.

(5) Includes active or formerly active agricultural lands.

(6) Includes unique land features such as large old-growth trees, hedgerows, rock outcroppings, meadows, water bodies or similar attractive elements which could be showcased as part of the design.

(7) Includes known plant or animal habitats, including those that may be unique, rare or endangered.

(8) Includes trails or is adjacent to trails which could be linked and preserved as part of a passive recreation system.

D. Required conservation subdivisions. The Planning Board may, at its discretion, require a conventional subdivision applicant to submit a conservation subdivision layout as a preferred alternative if, in its judgment, the site includes a number of the criteria above, such layout would greatly benefit the public interest, provide continuance from adjacent conservation lands, reduce adverse environmental impact or otherwise meet the goals and objectives of the Comprehensive Plan.

E. Classification of conservation subdivisions.

(1) Types of conservation subdivisions.

(a) Conservation subdivisions are conservation subdivisions that have a proposed density that approaches the maximum permitted in the zoning district, as explained in Subsection F. Any proposed conservation subdivision that is not classified by the Planning Board as a low-density conservation subdivision pursuant to Subsection E(1)(b) below, shall be considered a regular conservation subdivision.

(b) Low-density conservation subdivisions are conservation subdivisions that have a proposed density that is clearly well below the maximum permitted in the zoning district and which result in significantly more conserved land than is required herein. Low-density conservation subdivisions are permitted in the RA-1, RA and R-2 districts and may be afforded an expedited review process by the Planning Board that includes one or more of the following:

[1] Determines the maximum lot count and density using a low-density formula without the need to develop and approve a conventional layout yield plan;

[2] The preliminary plat submission and review may be bypassed for final plat review as per the procedures for a minor subdivision, if the Planning Board agrees that all the necessary issues would likely be addressed by a final submission.

(2) For the purposes of determining whether a proposed conservation subdivision qualifies as low-density, the applicant shall first determine the base density for the site using the low-density formula, described below, and provide these calculations for the Planning Board. If the proposed density of the conservation subdivision is equal or less than the low-density calculation of the site, the Planning Board may, at its discretion, classify the project as a low-density conservation subdivision.

F. Determining density; maximum number of lots permitted.

(1) Yield plan method. For any proposed conservation subdivision that is not classified as a low-density conservation subdivision, the yield plan method shall be utilized to determine the maximum number of residential units allowed on a site using a conventional layout as described in Subsection G(1) for the Step 1 submission requirements.

(2) Low-density formula method. For the purpose of establishing whether a proposed conservation subdivision may be classified as a low-density conservation subdivision, the Planning Board and the applicant shall utilize the formula shown below. The low-density formula shall determine the maximum potential number of lots which may be approved for a low-density design. The number of building lots which can actually be placed or approved on the property may be lower due to soil, engineering or other site considerations as determined by the Planning Board.

	Low-Density Formula
	Low Density =	Buildable Land (in acres) Development Factor (from below)
	Development factors, by district: RA-1 = 8; RA = 7; R2 = 5.
	NOTE: Buildable land is an area of land excluding water bodies, wetlands, areas subject to flooding and ponding, areas which have slopes of over 20%, and existing rights-of-way and easements. If the property includes two or more different zoning districts, the area of each district should be calculated separately and then added together. Fractional results should be rounded down.

G. Procedures. All applications being considered under this section shall adhere to the submission requirements set forth within Chapter 209, Subdivision of Land. The following requirements and procedures shall be followed in conjunction with those submission and process requirements:[2]

(1) Step 1: submit resource analysis worksession materials. Prior to any consideration of a proposed conservation subdivision, an applicant must first submit to the Planning Board a request for conservation subdivision resource analysis worksession and submit all required materials.

(a) Submission requirements. The submission request should include, but is not limited to, the following items requested by the Planning Board, which should be provided at least 30 days in advance:

[1] Resource analysis map. Three copies of a sketch map or existing conditions survey of the site which shows the location of:

[a] Any of the site features listed under criteria for acceptance, above.

[b] The extent of existing wooded areas and any tree lines, fields or meadows.

[c] Areas of unbuildable land should be graphically illustrated on the map for clear visual reference, including site constraints such as wetlands, streams or other bodies of water, areas of steep slopes exceeding 20%, building setbacks, easements and similar nonbuildable areas.

[d] The location of existing water bodies or watercourses and any associated buffer zones as may be required in § 249-81 or state DEC buffer zones shall be indicated on the drawings as well.

[e] Any existing roads or known easements.

[f] General topographic information, contours at intervals of 10 feet or less.

[g] Resource analysis maps must be drawn to scale on paper no less than 20 inches by 30 inches in size. If accurate site survey information is available, this information should be used to create the map.

[2] A conventional layout subdivision yield plan in accordance with the standards of the Town Subdivision Regulations, containing proposed lots, streets, rights-of-way, and other required elements. This plan should utilize the lot and building standards for its specific district, however, should use the environmental factors and minimum lot sizes listed for a Type II conservation subdivision in that district. Refer to the district specific sections § 249-19, § 249-19.1, § 249-20, § 249-22 for this information. A conservation subdivision worksheet shall be completed to tabulate the lot count and minimum lot sizes used in this layout.[3]

[3] Editor's Note: The Conservation Subdivision Lot Count Worksheet is at the end of this chapter.

[3] A copy of the conservation subdivision worksheet used for the project.

[4] An aerial or orthographic photo which delineates the site boundaries and includes surrounding parcels.

[5] Photographs of various areas of the site, including the property as seen from adjacent public roadways.

[6] Photographs of the site from a distance if on a hillside or part of the viewshed in other areas of Town, if applicable.

[7] Environmental Assessment Form (EAF).

[8] Other available information regarding the natural characteristics of the site, as applicable.

(b) A review team consisting of select representatives of the Planning Board, Conservation Commission and other designees, such as members of the Town Board, Town staff or other appropriate consulting professionals retained by the Town shall review the applicant's resource analysis for completeness and conduct a field site visit to verify accuracy. The site visit may also be used by the review team to help determine relative priorities of conservation value. The applicant shall secure permission and access to the parcel if not the property owner.

(2) Step 2: resource analysis map worksession. The purpose of this worksession is to review the resource analysis map with the review team and consider the merits and feasibility of a conservation subdivision approach. If the review team agrees that the site would likely benefit from a conservation subdivision, then a discussion may then proceed on which areas of the site should ideally be protected.

(a) Types of protection. The areas of protection should be agreed upon by the review team in discussion with the applicant using the resource analysis map, photographs and other available information. The areas of land considered for protection may fall into two categories:

[1] Conservation areas (required). Areas of the parcel which are candidates for protection from site disturbance during development and which could be included within a permanent conservation easement.

[2] Reserved areas (optional). The review team may also identify areas of the parcel which should be protected from disturbance during development and showcased as part of the site design. Such areas should be reserved or designed as common open space such as a stone wall, grove of trees, or a commons, square or other proposed site features which can be integrated into the design to enhance the beauty of the development. These areas do not have to be included in a conservation easement, but are instead intended to be showcased as part of the development design.

(b) General considerations. The following guidelines should be used when considering which areas of land should be protected:

[1] Protected areas should conform to the guidelines and principals outlined in the Wallkill design guidelines for conservation subdivisions.

[2] Conservation areas should be contiguous, unless the review team determines that a noncontiguous arrangement would meet the goals and intent of this section.

[3] Disturbed areas of land shall not be included as conservation area.

[4] Conservation areas should connect to adjoining open spaces or conservation areas on adjacent lands wherever possible.

[5] Protected areas should be prioritized in terms of relative importance.

(c) Review of analysis map. The review team shall identify to the applicant the preliminary areas of land which should be protected as either conservation or as reserved areas. These areas should be drawn and identified on the resource analysis map during the meeting. The resource analysis map may also be amended with preferred locations for intensive development as well as acceptable locations for less dense development, as suggested by the review team.

(d) Review of yield plan. Once the preliminary areas of land have been identified for protection, the review team shall review the conventional yield plan with the applicant for overall accuracy and acceptability.

[1] The preliminary number of lots permitted is determined by the number of lots which can actually be accommodated in a conventional subdivision layout on the site using conservation subdivision lot standards.

[2] The yield plan may be prepared as a sketch plan in accordance with the standards of the Subdivision Regulations, containing proposed lots, streets, rights-of-way, and other pertinent features. Although it must be drawn to scale, it need not be based on a field survey.

[3] The review team shall consider whether the layout shown on the conventional layout yield plan is realistic, reflecting a development pattern that could reasonably be expected to be implemented under conventional subdivision review, taking into account the presence of all known site constraints and, if unsewered, the suitability of soils for subsurface sewage disposal.

[4] The review team shall consider whether assumptions made in the conventional layout plan are realistic, including but not limited to assumptions concerning likelihood of obtaining wetland crossings permits and similar regulatory approvals. The Planning Board may optionally request the applicant to produce a letter from an appropriate authority confirming such approvals or assumptions are likely.

(e) Once the areas of development and protection have been identified on the resource analysis map, and the yield plan reviewed for accuracy and acceptability, the applicant may proceed to Step 3. The review team shall not recommend an application proceed to full Planning Board review if the resource analysis map does not include sufficient information for the Board to consider or identify areas of protection, or the yield plan is deemed to be inaccurate for the purposes of considering lot count.

(f) Applicants who are interested in pursuing a low-density conservation subdivision shall, in lieu of a yield plan, review the lot count as calculated by the low-density formula with the Planning Board representatives for accuracy and acceptability prior to proceeding to Step 3.

(g) The recommendations of the review team are advisory and do not create a mandate for the Planning Board in terms of the subsequent formal review process.

(3) Step 3: submit conservation subdivision sketch plan. The applicant shall prepare and submit a conservation subdivision sketch plan in keeping with the principles of the design guidelines for conservation subdivisions and submit a request for a conservation subdivision sketch plan review. Such plan should be designed to avoid disturbance to any areas identified for protection by the review team during the resource analysis map worksession.

(a) Conservation areas and requirements. Based on the recommendations of the review team and the approved resources analysis map, the applicant shall designate and highlight areas of the property on the sketch plan for permanent protection through a conservation easement agreement. These areas should include the areas desired for protection as directed by the Board on the resource analysis map. For each conservation subdivision, a percentage of the total property area must be included within the conservation area. The minimum percentage of the site's total buildable land which must be included within the conservation area is as follows:

Conservation Area Requirements
District	Conservation Subdivisions		Low-Density Conservation Subdivisions
	Minimum Percentage of Conservation Area Required	Minimum Percentage of Total Buildable Land within the Conservation Area	Minimum Percentage of Conservation Area Required	Minimum Percentage of Total Buildable Land within the Conservation Area
RA-1	40%	25%	75%	50%
RA	40%	25%	75%	40%
R-2	30%	20%	75%	30%
R-1	20%	20%	n/a	n/a

EXAMPLE ONE: Assuming a one-hundred-acre parcel within the RA district which has 60 acres of buildable and 40 acres of unbuildable land, the total amount of required conservation area would be 40 acres (40% of 100 acres), which would have to include at least 15 acres of buildable land (25% of 60 acres).

EXAMPLE TWO: Assuming a fifty-acre parcel within the R-2 district which has 25 acres of buildable land and 25 acres of unbuildable land, the total amount of required conservation area would be 15 acres (30% of 50 acres), which would have to include at least five acres of buildable land (20% of 25 acres).

(b) Subdivision layout: development area and dimensions.

[1] The number of building lots on the proposed sketch plan shall not exceed the number of lots shown on the yield plan reviewed by the review team in Step 2.

[2] The permanently protected conservation areas should include the areas designated for protection by the review team on the approved resource analysis map.

[3] Any additional places or elements identified by the review team as preserved areas should also be integrated into the site plan, where possible.

[4] Minimum lot size and dimensions. To determine lot dimensions for the conservation subdivision, adherence to the following tables shall be required:

Single-Family3 Conservation Subdivision Area and Bulk Table
Minimum Required	RA & RA-1	R-2			R-1
		A	B	C	A	B	C
Lot area square feet	32,670	21,780	21,780	32,670	10,0001	10,0001	Soils2
Lot width square feet	100	100	100	150	80	80	100
Lot depth square feet	200	125	125	200	100	100	125
Front yard feet	35	35	35	35	20	20	20
Rear yard feet	30	30	30	30	40	40	35
One side yard feet	30	20	20	30	15	15	15
Both side yard feet	60	40	40	60	30	30	35
Lot frontage feet	100	100	100	150	80	80	100
Floor area square feet	1,000	600	600	1,000	600	600	600
Maximum Permitted
Lot coverage	30%	35%	35%	35%	35%	35%	25%
Building height feet	35	35	35	35	35	35	35

A: Has sewer and water; .B: Has sewer only; C: Has no sewer or water.

¹Subject to soil and drainage review.

²Use soils formula, but not less than 20,000 square feet subject to soil and drainage review.

³Table relates to single-family uses only. Other uses shall conform to dimensional standards detailed within their respective district. (§ 249-19 thru § 249-22)

Two-Family Conservation Subdivision Area and Bulk Table
Minimum Required	RA	R-2			R-1
		A	B	C	A	B	C
Lot area square feet	32,670	21,780	21,780	32,670	10,0001	10,0001	Soils2
Lot width square feet	100	100	100	150	80	80	100
Lot depth square feet	200	125	125	200	100	100	125
Front yard feet	35	35	35	35	20	20	20
Rear yard feet	30	30	30	30	40	40	35
One side yard feet	30	20	20	30	15	15	15
Both side yard feet	60	40	40	60	30	30	35
Lot frontage feet	100	100	100	150	80	80	100
Floor area square feet	1,000	600	600	1,000	600	600	600
Maximum Permitted
Lot coverage	30%	35%	35%	35%	35%	35%	25%
Building height feet	35	35	35	35	35	35	35
Percentage of total units	20%	20%			100%

A: has sewer and water; B: has sewer only; C: has no sewer or water

¹ Subject to soil and drainage review

² Use soils formula, but not less than 20,000 square feet, subject to soil and drainage review. Percentage of total units = The maximum percentage of all units in the development which are two-family units. Other housing types shall conform to the dimensional standards detailed within their respective district.

[5] Subdivision perimeter setbacks. For conservation subdivision projects within the RA and RA-1 Districts, the building area of new lots shall adhere to the following setbacks:

[a] Two hundred feet from all preexisting Town, county, and state roads (waiver may be requested to not less than 50 feet where vegetated natural buffer will remain).

[b] Fifty feet from all adjacent properties that are not a part of the new subdivision.

[6] Conservation areas should be designed to have useful massing or clusters which create meaningful natural areas. Thin perimeter areas or otherwise leftover strips of land shall not be considered conservation space.

[7] Conservation areas which are independent of, and do not overlap with, private homeowner lots are encouraged wherever possible.

[8] Protected areas should be designed to be visually accessible where possible and, if appropriate, physically accessible to as many potential building lots within the subdivision as practicable.

[9] Conservation and other open spaces should be designed to enhance the natural beauty of the development and protect the character and charm of the area over many years as the surrounding lands develop.

(c) Submission requirements. A total of 20 copies (18 for the Planning Board, two for interested agencies) of the following items and information shall be provided to the Planning Board at least 30 days prior to the scheduled review meeting:

[1] Resource analysis map indicating the areas of protection as designated by the review team in Step 2.

[2] Conventional yield plan layout or low-density formula used to determine the potential lot count as reviewed by the review team in Step 2.

[3] A copy of the conservation subdivision worksheet used for the project.

[4] Proposed conservation subdivision (Type II) sketch plan in accordance with the requirements of Chapter 209. The sketch plan should identify the proposed location, number and types of housing units, roadway access, conservation areas, preservation areas (if any) and requested dimensional requirements. Any features identified on the resource analysis map which would be removed or disturbed should be identified as such on the proposed sketch plan. Although it must be drawn to scale, it need not be based on a field survey. However, it must be a realistic layout reflecting a development pattern that could reasonably be expected to be implemented, taking into account the presence of wetlands, watercourse buffers, floodplains, steep slopes, existing easements or encumbrances and, if unsewered, the suitability of soils for subsurface sewage disposal.

[5] Photographs of various areas of the site, including the property as seen from adjacent public roadways, areas of proposed development and areas of proposed protection.

[6] A vicinity map showing the location of the land to be subdivided and the boundaries of all tax parcels within 500 feet of the property.

[7] The tax map sheet, block and lot numbers, as available from the Town Assessor's office.

[8] Identification of any proposed land trust managers, homeowners' association or other management structure proposed for the conservation area.

[9] A written narrative describing why any features that are noted on the resource analysis map are proposed to be disturbed or removed, what areas or features of the property are proposed to be protected and how their conservation would result in a better project for the Town than a conventional subdivision.

[10] Request for any applicable waivers which would be required by the Planning Board for the proposed Type II layout.

[11] Additional information or fees as required under Chapter 209, Subdivision of Land.

(d) Interested agency review. One copy each of the submitted sketch plan materials shall be forwarded to the Town Board and Conservation Commission as interested agencies for their review and comment.

[1] Interested agencies may provide written comments and recommended changes on the proposed plan, including but not limited to conditions on the ownership, use and maintenance of such open lands as deemed necessary to assure the natural, scenic, agricultural or other open space characteristics and other conditions as deemed appropriate.

[2] General written comments or recommendations shall be returned to the Planning Board within 30 days of receipt of the proposed sketch plan to be eligible for consideration.

[3] For all projects proposing Town ownership of conservation lands, the Town Board shall consider and provide a written determination to the Planning Board on the acceptability of the ownership structure prior to preliminary plat review.

(4) Step 4: sketch plan review meeting. The applicant shall meet with the Planning Board to review and discuss the proposed sketch plan. The Planning Board shall review the layout of lots and siting of structures for all applications being considered under conservation subdivision in accordance with Article III of Chapter 209, Subdivision of Land, the design guidelines for conservation subdivisions and Town of Wallkill Comprehensive Plan.

(a) After review of the application, including any comments or recommendations from interested agencies or subsequent revisions recommended by the Planning Board or its consultants, the Planning Board may make a decision to approve to proceed to the next steps, approve with modifications or to deny.

(b) If approved, the applicant may prepare a preliminary plat per § 209-9 for major subdivisions or request final approval under § 209-8 for minor subdivisions.

[1] The Planning Board may optionally authorize a low-density conservation subdivision applicant to schedule a combined preliminary and final plat review meeting as part of an expedited review. Such authorization shall only be warranted if the Planning Board agrees that any major outstanding design issues are likely to be satisfied without the need for an intermediate submission.

[2] The number of building lots indicated on the approved sketch plan becomes the maximum number of lots.

[3] Such approval by the Planning Board shall expire and become null and void unless a conservation plan complying with the terms and conditions of the Board's authorization is granted preliminary plat subdivision approval within two years of the date of approval, and is granted final plat approval and filed in the Orange County Clerk's office within three years of the date of approval. The applicant or Planning Board may request an extension of this approval time frame no more than three times, for up to one year each.

(c) If the Planning Board determines that the conservation sketch plan layout as proposed is not appropriate or preferable to a conventional subdivision, it may require the applicant to revise and resubmit the layout for reconsideration, including but not limited to, reducing the number of building lots or changing the configuration of the conservation areas. The Planning Board may optionally determine that a conventional layout is more appropriate and require the applicant to submit such layout for consideration.

(d) Any significant design recommendations provided by the interested agencies which are not incorporated into the approved sketch plan shall be responded to in writing by the Planning Board, explaining the reasons such recommendations were not pursued.

(5) Step 5: submit conservation subdivision preliminary plat.

(a) Submission requirements. Twenty copies of the following items and information shall be provided to the Planning Board at least 10 days prior to the scheduled review meeting:

[1] Resource analysis map from Step 1, indicating areas of protection as designated and approved by the Planning Board;

[2] Conventional yield plan layout or low-density formula showing the potential lot count as approved by the Planning Board in Step 4.

[3] Proposed conservation subdivision (Type II) plat in accordance with the applicable requirements of Chapter 209. The plat shall conform to the layout shown on the approved sketch plan plus any recommendations made by the Planning Board. Any features identified on the resource analysis map which would be removed or disturbed should be identified as such on the proposed plat.

[4] A vicinity map showing the location of the land to be subdivided and the boundaries of all tax parcels within 500 feet of the property.

[5] The tax map sheet, block and lot numbers, as available from the Town Assessor's office.

[6] Request for any applicable waivers which would be required by the Town Board or Planning Board for the proposed Type II layout.

[7] Additional information or fees as required under Chapter 209, Subdivision of Land.

(6) Step 6: preliminary plat review meeting. The procedures for preliminary plat review and approval shall be the same as those for a conventional subdivision plan contained in Chapter 209, Subdivision of Land. In order to approve a preliminary plat, the Planning Board must find that it is consistent with the approved sketch plan conditions and complies with all relevant provisions of the Zoning Law.

(7) Step 7: final plat submission, review, approval and filing. The procedures for final plat review and approval, including notice and hearing procedures, shall be the same as those for a conventional subdivision plan contained in Chapter 209, Subdivision of Land. In order to approve a final plat, the Planning Board must find that it is consistent with any approved preliminary plat and complies with all relevant provisions of the Zoning Law.

[2] Editor's Note: See also a synopsis of the requirements in the Conservation Subdivision Procedures Overview, found at the end of this chapter.

H. Additional notes.

(1) A conservation subdivision shall in no case result in a permitted number of building lots which exceeds the maximum number of building lots per acre permitted by the underlying soil limitations for on-site septic.

(2) Where a proposed conservation subdivision falls within two or more zoning districts, the Planning Board may approve a plan representing the cumulative number of all units permitted in each of the districts under their respective regulations. Such unit layouts may be authorized to take place in all or any such portion of such districts as determined by the Planning Board.

I. Allowed uses.

(1) Development areas. The permitted and special permit residential uses for the development area within any conservation subdivision shall be the same as the applicable, underlying zoning district.

(2) Conservation areas. Land designated as conservation areas shall be limited to the following uses:

(a) Nature preserves.

(b) Passive recreation.

(c) Active recreation.

(d) Stormwater management systems, water supplies and distribution systems.

(e) Septic systems.

NOTE: If septic systems are located within the conservation areas, minimum area requirements described herein as well as buildable lot requirements per § 209-11 of the Town of Wallkill Subdivision Regulations still apply.

(f) Agricultural or farming operations.

(g) Forestry operations with a forest management plan developed by a professional forester participating in the New York State DEC's cooperating forestry program.

(3) No structure shall be erected upon the lands of such open areas except such as shall be determined by the Planning Board to be incidental and accessory to an allowed use and unobtrusive to the conservation area. No building permit shall be given for such structure in the absence of site plan approval thereof given by the Planning Board in accordance with Article XI.

(4) Planning Board approval of conservation areas and uses. The selection of land to be designated as the conservation area and associated uses shall be subject to the approval of the Planning Board. The Planning Board shall base its decision upon consideration of the tract resource map and in consideration of how the submission responds to the purpose and intent of this section.

J. Specific use requirements. The following uses, when permitted within a conservation subdivision, must comply with these additional requirements.

(1) Multiple dwellings.

(a) Multiple dwellings only permitted with municipal sewer and water service.

(b) For the purposes of calculating the area of buildable land to determine the potential lot count, buildable land shall not include areas of slopes in excess of 10%.

(c) Affordable housing. Multiple dwellings must include provisions for providing a minimum of 10% affordable housing meeting the affordability and restrictions of § 249-24.

(d) Multiple dwellings shall be arranged and designed in accordance with the conservation subdivision design guidelines regarding multiple dwellings, including but not limited to the following:

[1] Structures shall be placed in the landscape in a compact, formal and otherwise neo-traditional arrangement which creates easily identifiable common greens, courtyards, plazas and similar outdoor spaces.

[2] Structures adjacent to smaller-scale single-family neighborhoods must break the massing of buildings up into a reduced scale which is in keeping with the surrounding neighborhood residences and provide adequate visual screening of the development from adjacent residential properties.

[3] Structures shall be arranged so as to screen or minimize the visual prominence of parking areas.

K. Ownership and management of conservation areas. Lands designated as conservation areas may be held in private or public ownership. The applicant will provide documentation for review and approval by the Planning Board of the proposed ownership and management entity of the conservation lands. Conservation lands held in private ownership shall be described in a conservation easement and recorded by the Town on the official Zoning Map of the Town and recorded by the County Clerk.

(1) Ownership shall be with one of the following: the Town; another public agency subject to its acceptance; a qualified organization, including a land trust incorporated with a purpose consistent with the use and management requirements for permanent protection of land; shared, common interest by all property owners in a subdivision; a homeowners' condominium, or cooperative association or organization; or other private ownership encumbered by a conservation easement.

(2) Acceptance of ownership of conservation areas by Town Board. For all projects proposing Town ownership of conservation areas, the Town Board may consider but shall not be obligated to accept ownership of any proposed conservation areas, either in fee simple or by conservation easement.

L. Protection of site features. The following regulations shall be effective after plan approval and through all phases of construction. Whenever the requirements of these regulations are at variance with the requirements of any other lawfully adopted rules, regulations, or ordinances, the most restrictive, or that imposing the higher standards, shall govern. These regulations shall be enforced by the municipal Planning Board. No building permit or certificate of occupancy shall be issued by the Building Inspector except where all the provisions of these regulations have been complied with.

(1) Prior to any site clearing, the limits of clearing and grading shall be flagged.

(2) Reserved areas and conserved areas, as denoted on the final plat plan, shall be fenced off with forty-eight-inch high international orange plastic web fencing or equivalent. Vehicular traffic and stockpiling of materials within the fenced area is prohibited.

(3) All individual trees to be retained on the site, as denoted on the final plat plan, and which are not within a fenced reserved area or conserved area, shall be tagged with brightly-colored surveyor's ribbon at a height of five feet to six feet.

(a) Fencing (as described in Subsection L(2) above) shall be installed at the dripline of the trees to be retained.

(b) Vehicular traffic and stockpiling of materials within the dripline is prohibited.

(c) Trees being removed shall not be felled, pushed, or pulled into trees being retained. Trees to be removed that are in close proximity to trees to be retained shall be felled by hand, with a chainsaw or equivalent.

(4) Following completion of flagging and fencing, the Planning Board and/or its consultants must inspect and approve the locations of the flagging and fencing prior to site-clearing activities.

(a) If it is deemed that the flagging and fencing is in agreement with the final plat plan, approval will be granted to begin site work.

(b) If it is deemed that the flagging and fencing is deficient, approval will be withheld until such time as the flagging and fencing is completed to the satisfaction of the Planning Board and/or its consultants.

(5) Periodic inspections of the flagging and fencing may be conducted through the course of construction by the Planning Board and/or its consultants. If at any time it is determined that the site is no longer in compliance, a stop-work order shall be issued. Persons receiving a stop-work order shall be required to halt all land development activities, except those activities that address the violations leading to the stop-work order. The stop-work order shall be in effect until the Town of Wallkill confirms that the land development activity is in compliance and the violation has been satisfactorily addressed. Failure to address a stop-work order in a timely manner may result in civil, criminal, or monetary penalties in accordance with the enforcement measures stipulated in § 209-35, Violations, and § 209-36, Penalties for offenses.

(6) In the event that reserved areas, conserved areas, or trees to be retained are disturbed during the construction process, violators may be required to restore land to its undisturbed condition. In the event that restoration is not undertaken within a reasonable time after notice, the Town of Wallkill may take necessary corrective action, the cost of which shall become a lien upon the property until paid.

[1] Editor’s Note: This local law stated that it shall apply to all applications pending within the Town of Wallkill, except for any that had received preliminary or final approvals, or which had received a negative declaration from SEQRA, or for which a Draft Environmental Impact Statement had been accepted.

§ 249-81 (Reserved)

§ 249-82 Planned Residential Development Overlay District.

[Added 12-9-2009 by L.L. No. 8-2009[1]]

A. Intent. The Planned Residential Development (PRD) Overlay District is intended to encourage creative, flexible and compact residential development of a variety of types while promoting the provision of community amenities and access to a wider range of housing options. A limited amount of commercial use within the PRD is also encouraged in order to serve the residents in the immediate area, promote multimodal transportation options and reduce the strain on the existing road infrastructure. Its goal is to promote a neighborhood setting with a diverse mix of housing types and accessory support uses as well as pedestrian links to existing goods and services in the immediate area. Approved PRD districts will address the unique environmental, physical, recreational, and cultural resources of the project area and surrounding neighborhood through a customized, site-specific master plan and accompanying regulatory framework.

B. Flexibility of design. This section recognizes that while the standard zoning functions of use, bulk, platting, and design are appropriate for the regulation of land use in areas that are already substantially developed, these controls represent a type of rigid regulation which may be harmful to the techniques of land development intended for the PRD District. Furthermore, a rigid set of space requirements along with bulk and use specifications may likely frustrate the application of this concept. To that end, where planned unit development techniques are deemed appropriate through the rezoning of land to a PRD District by the Town Board, the use and dimensional requirements which would otherwise govern are replaced by a review process in which an approved development master plan becomes the basis for continuing land use controls on that site.

C. Minimum requirements. The legislative determination to establish a PRD overlay district shall be based upon the following requirements:

(1) Location. A PRD overlay district may be established within the following zoning districts within the Town of Wallkill:

(a) TC Town Center District.

(b) R-2 Suburban Residential District.

(c) O/R Office & Research District.

(2) Developable area. The minimum area required to qualify for a planned residential development shall be five contiguous acres of land in the TC and O/R districts, and 10 contiguous acres of land in the R-2 district, unless multi-unit apartments, high density are proposed in the TC district, in which case, the minimum area required to qualify for a planned residential development shall be four contiguous acres of land. The calculation of such land area shall not include any land area covered by existing streets, parks, lands designated on the official map for public purposes, water bodies, watercourses, wetlands, areas subject to flooding and ponding, areas which have slopes of over 20% and easements. Sites proposed for development for two or more use classifications shall consist of the aggregate of the gross land areas required for each use.

[Amended 2-27-2020 by L.L. No. 1-2020]

(3) Sewer and water. Parcels proposed for development in a PRD overlay district must be served by public sewer and public water facilities.

(4) Ownership. The tract(s) of land located within a PRD overlay district may be owned, leased, or controlled either by a single person or corporation, or by a group of individuals or corporations. An application must be filed by the owner or jointly by the owners of all properties to be included in the PRD district. In the case of multiple ownership, the approved plan and all amendments shall be binding on all owners and all successors in title and interest.

(5) Permitted uses in PRD districts. The classification and mix of uses permitted within an area designated as a PRD district shall be determined by the provisions of this section and the approved plan of the project concerned. During consideration of the rezoning request, the Town Board may determine that specific uses are inappropriate for certain locations of Town and establish a refined list on a case-by-case basis. This final list would be established for each PRD application and included in the PRD district legislation and SEQR findings statement.

(a) Primary uses.

[1] Multiple dwellings.

[2] Single-family detached or attached dwellings, townhomes or duplexes.

[3] Senior housing.

[4] Notwithstanding any other provision of the Wallkill Zoning Law to the contrary, multi-unit apartments, high density (minimum 100 units up to 250 units with a maximum average of two bedrooms per unit), only in Town Center zoning district.

[Added 2-27-2020 by L.L. No. 1-2020]

(b) Accessory Nonresidential uses.

[1] Accessory retail or services as deemed appropriate by the Town Board.

(6) Goals and intent. The goals and intent are that the objectives and provisions of this article are satisfied as determined by the Town Board.

D. Amenity provisions for increased density. The allowable density of the proposed PRD may be increased beyond the limitations of the underlying district at the discretion of the Town Board, provided such increase would not overly crowd or undermine the quality of the site plan concept. Any increase in density permitted must be accompanied by an amenity provision provided for the Town by the applicant.

(1) Amenity provisions shall include on-site and/or off-site improvements beyond measures required to service the needs of the subject project and/or beyond the measures needed to mitigate the impact of the subject project. The amenities may include but are not limited to the following:

(a) Provisions for the enhancement of public facilities, including local roads, public water, stormwater, sewage and community services/public safety/transportation facilities.

(b) Creation or extension of an open-space system for the public, including a comprehensive multipurpose path system and conservation lands (including developable land) permanently protected by conservation easement or other measure acceptable to the Town.

(c) Creation of recreational amenities, including parks, walking or biking trails, community centers and similar features designed for use by the immediate residents and local public alike.

(2) Where the Town Board determines that a suitable community benefit or amenity is not immediately feasible, or otherwise not practical, the Board may require a cash-in-lieu payment to the Town. These funds shall be deposited in a dedicated fund for use in future public improvements or acquisition of community facilities such as recreation facilities, trails, fishing and water access and public works such as water, sewer, and transportation facilities, purchase of land, conservation easements or stewardship funds. Such cash-in-lieu fees shall be in addition to any other required improvement costs, parkland in-lieu or other fees required as follows:

(a) Multiple dwelling units: Three times the current Town recreation fee for each additional dwelling unit above the base density permitted.

(b) Other permitted housing types: Four times the current Town recreation fee for each additional dwelling unit above the base density permitted.

(c) Permitted nonresidential (accessory commercial) use: Five times the current Town recreation fee for each additional 1,000 square feet of previously not-permitted space.

(3) Amenity provision requirements may be waived or reduced at the discretion of the Town Board for affordable housing units meeting the affordability and restrictions of § 249-24.

(4) Any proposed amenities included as part of the development package shall include environmental impact review under SEQRA, even if such amenities are not proposed to be constructed until a later date.

E. Requirements of all uses.

(1) Density. The Town Board shall determine, in each case, the appropriate land use density and/or dwelling unit density for individual projects. The determination shall be documented, including all facts, opinions, and judgments justifying the selection of the rating or density. Allowable densities may be granted at the base densities indicated below, or increased up to the bonus density levels with amenities, with Town Board approval:

PRD Permitted and Bonus Densities: Minimum Lot Area per Dwelling Unit
Land Use and Dwelling Units	TC and R2 Districts		O/R District
	Base Density (square feet)	Bonus Density Maximum (square feet)	Base Density (square feet)	Bonus Density Maximum (square feet)
Multiple Dwellings, Single-Family Detached, Attached Dwellings, Townhomes or Duplexes
One bedroom/ efficiency	10,000	5,000	12,500	6,250
Two bedrooms	15,000	7,500	20,000	10,000
Three or more bedrooms	30,000	15,000	30,000	15,000
Senior Citizen Multiple Dwellings
Efficiency	5,800	2,900	5,800	2,900
One bedroom	7,200	3,600	7,200	3,600
Two or more bedrooms	8,400	4,200	8,400	4,200

(2) Site design. All proposed PRD developments and their accessory uses shall be designed as an integral campus design, which portrays a consistent mixed-use aesthetic, promotes walkable accessibility, and provides well-landscaped pedestrian connections to adjacent neighborhoods, goods, or services.

(a) All accessory uses provided must be designed as an integral, mixed-use part of the building or campus design. Single-tenant, stand-alone retail buildings are discouraged.

(b) Gardens, park areas, courtyards, and similar public outdoor spaces shall be provided as the primary pedestrian accessways.

(3) Parking requirements. The number of required parking spaces for primary uses shall be based on the needs of the project but shall not include unnecessary pavement or overdeveloped parking areas.

(a) Access roads, driveways, and parking areas typically should not encircle or surround proposed buildings. If emergency vehicle access is required on all sides of a building, this should be provided by means of drivable courtyards, temporary access roads, fire lanes, or other design solutions which minimize pavement area.

(b) In addition to the landscaping requirements of § 249-100, surface parking lots shall be designed and located so as to minimize their visual impact and be well screened.

F. Requirements for specific uses.

(1) Multiple dwellings must comply with the following:

(a) Each building shall contain a minimum of three dwelling units.

(b) Units within a multiple-dwelling housing complex shall be under common management and ownership or offered for fee-simple ownership with a homeowners' association governing common areas.

(c) Affordability standards.

[1] Developers of multiple-dwelling housing shall allocate a minimum of 10% of the total number of units to affordable housing complying with the performance and eligibility standards of § 249-24 of the Town's Zoning Code.

[2] Affordable housing shall be integrated into the overall housing plan of the community in a way where it is impossible to visually discern affordable-housing units from market-rate units.

(2) Senior housing/independent senior housing must comply with the following:

(a) Permitted housing types. In order to encourage a mixture of incomes and lifestyles, the following housing types shall be permitted in senior housing communities:

[1] One-family detached housing.

[2] Two-family dwellings.

[3] Multiple dwellings.

[4] Multifamily housing.

[5] Group housing.

(b) Affordability standards.

[1] Developers of senior housing communities shall allocate a minimum of 10% of the total number of units to affordable housing complying with the performance and eligibility standards of § 249-24 of the Town's Zoning Code.

[2] Affordable housing shall be integrated into the overall housing plan of the community in a way where it is impossible to visually discern affordable-housing units from market-rate units.

(3) Accessory nonresidential uses. Due to the self-contained and mixed-use nature of a PRD development, a variety of nonresidential uses may be allowed in addition to uses permitted in the underlying zone. These uses may be permitted as deemed reasonable by the Town Board to primarily serve the common daily needs of the residents and guests. Such uses may include, but are not limited to, the following:

(a) Convenience stores of less than 1,500 square feet.

(b) Personal services such as beauty/barber shops.

(c) Restaurants and taverns of no larger than 50 seats.

(d) Group meeting areas or private dining facilities.

(e) Fitness centers, day-care centers, and other similar facilities.

(f) Medical offices or prescription-drug pickups.

(g) Professional offices.

(h) Religious facilities.

G. Approval procedures.

(1) Application. An application for establishment of a PRD district shall be made in writing to the Town Board and include the application materials outlined below. The application shall be accompanied by the applicable fee in accordance with the fee schedule established and annually reviewed by the Town Board. The Town Board may establish a working committee, refer the application to this committee to review and refine the application with the applicant. The committee shall include no more than two members of the Town Board and no more than two representatives of the Planning Board. The working committee may be supported by the Town's planning and engineering consultants, as determined by the Town Supervisor. Once the Town Board determines the application adequate for continued review, the Town Board shall refer the application to the Planning Board for review and recommendation within 30 days of the date of receipt. At this time, the applicant would be required to submit a detailed site plan, including all items described below. The Town Board is under no specific obligation to accept or grant a PRD district application.

(2) Preapplication meeting. Prior to submission of a formal application, all PRD district applicants are encouraged to present preliminary concepts to the Town Board. Prior to accepting a formal application, the Town Board may determine that a preapplication meeting is necessary and require informal review session(s) be held.

(3) Application materials. For each formally submitted PRD district application, the applicant shall furnish a concept plan to the Town Board which clearly demonstrates the following:

(a) The existing conditions of the site, including but not limited to:

[1] The boundaries of the proposed PRD district;

[2] All properties within 1,000 feet of the proposed PRD district, including ownership, zoning, and current land use. Special note should be given to any nearby commercial uses or services which could be made accessible from the proposed development;

[3] Existing roads, structures, and land uses;

[4] Existing conditions, including photographs of the site, buildings on adjacent parcels as viewed from public roads, and an aerial photograph of the side and adjacent properties; and

[5] Cultural or historical structures or sites within or adjacent to the proposed PRD district.

(b) A conceptual PRD design, including but not limited to:

[1] Conceptual site layout, including the proposed location of buildings, roadways, parking areas, pedestrian accessways, stormwater facilities, landscaped and natural areas;

[2] Conceptual utility and access plans;

[3] Conceptual phasing plan and development schedule; and

[4] Any phasing proposals or alternatives.

(c) Payment into an escrow account of estimated costs for review of the application by the Town's planning, engineering, and other required consultants.

(4) Planning Board Review. In its review of the application, the Planning Board shall generally follow the procedure established for review of a conceptual site plan. A public hearing by the Planning Board is required.

(a) At the time of submission to the Planning Board, the applicant shall present a detailed engineering and site plan to the Board that shall include the following:

[1] A narrative describing the following information:

[a] The relative need for the proposed land use in the area;

[b] The general need and benefits of the proposed uses at this location;

[c] The economic feasibility of the project as well as the fiscal impact to the Town;

[d] How the proposed buildings and uses would work with or improve the existing character of the neighborhood;

[2] The relative arrangement of structures on the site and their ability to create pleasant open areas, landscaped courtyards, greens, and similar outdoor spaces;

[3] The relative proximity of the project to local commercial goods or services which may be convenient and mutually beneficial;

[4] The pedestrian and vehicular circulation through and around the site and links to any adjacent areas in the immediate neighborhood;

[5] A detailed utility plan;

[6] Topography, land cover, vegetation, and subsoil conditions;

[7] An architectural concept plan;

[8] Development standards. The development standards element shall become the applicable regulations under this section for the physical development within the proposed planned development district. Where standards are not changed or established in the PRD district, the standards of the underlying zoning district shall be noted appropriately. The PRD district shall include a summary table identifying the following standards where applicable:

[a] Permitted uses, conditional and accessory uses;

[b] Maximum development density of residential uses;

[c] Maximum floor area ratio for nonresidential uses;

[d] Lot coverage, minimum lot size, height, building/parking and road setbacks;

[e] Parking requirements;

[f] Minimum lot frontages and building massing;

[g] Landscaping;

[h] Preservation of historic structure(s);

[i] Preservation and management of open space and natural areas;

[j] Mobility (bikes, pedestrians, golf carts, etc.) through the district; and

[k] Any other information that may be required by the Planning Board for a reasonable understanding of the nature and character of the proposed development.

[9] Required SEQRA forms and analysis.

(b) The Planning Board may recommend at this stage such changes in the proposed PRD district plans that it deems necessary to protect established or permitted uses in the vicinity, promote and protect the orderly growth and sound development of the Town, and otherwise meet the requirements of this section. The Planning Board shall recommend approval, approval with modifications, or disapproval by the Town Board of such PRD district application and shall report its findings to the Town Board within 60 days following the date of receipt of review materials. The Planning Board may secure agreement from the applicant for an extended review period in order to address the reasonable questions, concerns, and changes to the concept plan recommended by the Planning Board prior to the Planning Board rendering its report to the Town Board.

(5) Referral to County Planning Department. The Town Board shall refer the application to the Orange County Planning Department for its analysis and recommendations pursuant to the provisions of § 239-m of the General Municipal Law and the provisions of this section. The Town Board shall give the County Planning Department 30 days to render its report.

(6) Town Board action. Upon receipt of the Planning Board's report and the report and analysis from the Orange County Planning Department, the Town Board may then consider the legal establishment of the PRD district through Zoning Map amendment. In that the creation of a PRD district is a legislative act of the Town, the Town Board is not legally bound in any way to approve any request for the creation of such district.

(a) Town Board findings. As part of its written decision to approve, condition, and/or modify the proposed PRD district, the Town Board shall make the following findings:

[1] That the project as a whole and uses proposed will add to the assets of the community and will advance the goals of the Town.

[2] That any increase in density from the underlying zoning is commensurate with the overall benefit to the community.

[3] That the state environmental quality review (SEQR) requirements have been met.

[4] Additional performance requirements which may have been specified by the Town Board in its PRD district approval action may also be included in the findings statement.

H. Preexisting developments.

(1) Multiple-dwelling developments existing as of the effective date of this section which are nonconforming uses within their district may be authorized as conforming through the PRD approval process.

(2) Existing multiple-dwelling developments applying for PRD approval under this section which are not proposing any density increase are exempt from the minimum requirements of area, sewer and water service, ownership and amenity provisions.

I. Relationship to other requirements. Upon approval of the PRD district by the Town Board, application shall be made within 60 days for approval of all or some portion of the intended development, in accordance with the more specific review requirements of the Town's Subdivision Regulations, the site plan review and approval procedures, and other applicable regulations.

(1) Additional performance requirements which may have been specified by the Town Board in its PRD district approval action, such as a time limit for either initiation or completion of improvements and other construction work on the proposed development, shall also be strictly enforced, with the Town Board acting to return the property to its prior zoning classification unless the Town Board, upon specific application and for good cause, authorizes an extension of such performance requirement.

(2) If the Town Board grants the PRD districting, the Zoning Map shall be so noted. The Town Board shall state at this time its findings with respect to the land use or dwelling unit density. The Town Board may also, if it feels necessary in order to fully protect the public health, safety, and general welfare of the community, attach to its zoning resolution any additional comments or requirements for the applicant to meet. Such requirements may include, but are not confined to, visual and acoustical screening, land use mixes, order of construction and/or occupancy, vehicular and pedestrian circulation systems; necessity of sites within the area for necessary public services such as schools, fire houses, and libraries; protection of natural or historic sites; and other such physical or social demands.

J. Amendments to PRD overlay districts. Unless otherwise expressly provided in the specific legislation established for a particular planned residential development district, the following shall apply:

(1) Exemptions: Proposed changes to a previously established PRD district shall be exempt from the formal amendment process if any or all of the following conditions are the only changes proposed:

(a) Decrease of height or floor area of any approved project or program element; or

(b) Reduction or elimination of any nonrequired parking spaces; or

(c) Change to an approved building resulting in a net impact of less than 5% of total gross square footage for projects less than 100,000 square feet.

K. Determination of amendment: Minor and Major. The Code Enforcement Officer shall determine whether a proposed amendment is a minor or major change to the approved site plan.

(1) Minor amendment. In making its determination, the Code Enforcement Officer shall make findings of fact upon which the decision shall be based. The officer must find that the effect of approving the amendment would have no significant additional adverse impact on the site or nearby neighborhood relative to the impact of the previously approved plan and that the amendment would not significantly alter the intent, design or intensity of the proposed development. A minor amendment may be approved by the Planning Board. A public hearing may be conducted as determined necessary and appropriate by the Planning Board.

(2) Major amendment. A major amendment is any change to a master plan and/or development standards and development program that has not been classified as minor. A major amendment shall be approved by following the process described in the approval procedure section of this section.

L. Effect of conditions. All conditions imposed by the Town Board, including those the performance of which are conditions precedent to the issuance of any permit necessary for the development of any part of the entire site, shall run with the land and shall neither lapse nor be waived as a result of any subsequent change in the tenancy or ownership of any or all of said area. Such conditions shall further be a part of any certificate of occupancy or use issued for any use or structure in such development.

[1] Editor’s Note: This local law stated that it shall apply to all applications pending within the Town of Wallkill, except for any that had received preliminary or final approvals, or which had received a negative declaration from SEQRA, or for which a Draft Environmental Impact Statement had been accepted.

§ 249-83 (Reserved)

§ 249-84 (Reserved)

§ 249-85 (Reserved)

§ 249-86 (Reserved)

§ 249-87 (Reserved)

§ 249-88 (Reserved)

§ 249-89 (Reserved)

§ 249-90 Performance Overlay Zoning District (POD).

[Added 11-30-2005 by L.L. No. 12-2005[1]]

A. Purpose and intent. The purpose of this overlay is to establish special land use standards and procedures for areas of Wallkill where the Office and Research, Town Center, Enterprise, and Light Enterprise Districts abut a residential district in order to limit conflicts between business and residential uses in close proximity.

[Amended 7-26-2007 by L.L. No. 15-2007]

B. Application. The regulations, standards, and procedures of this section shall apply to:

[Amended 7-26-2007 by L.L. No. 15-2007]

(1) All land in the Office and Research, Town Center, Enterprise, and Light Enterprise Districts within 200 feet of a residential zoning district.

(2) All land in a residential district within 50 feet of a Office and Research, Town Center, Enterprise, and Light Enterprise District.

C. Definitions.

[Amended 7-26-2007 by L.L. No. 15-2007]

(1) As used in this section, the following terms shall have the meanings indicated:

POD CORE OVERLAY AREA

(a) One-hundred-foot buffer within the Office and Research, Town Center, Enterprise, and Light Enterprise Districts where said districts abut a residential zone.

(b) Fifty-foot buffer within all residential districts that abut the Office and Research, Town Center, Enterprise, and Light Enterprise Districts.

POD SECONDARY OVERLAY AREA

Two-hundred-foot buffer within the Office and Research, Town Center, Enterprise, and Light Enterprise Districts where said districts border with a residential district.

(2) In the case of very small or narrow lots which would become unbuildable with the required buffers, POD overlay buffers may be reduced to a minimum of 25% of the lot width, with additional landscaping and screening as directed and approved by the reviewing board.

D. Uses.

(1) POD Core Overlay. No structure, including parking areas, may be placed within the POD Core Overlay Area with the exception of the following:

(a) Fences and walls to be used for landscaping and screening purposes.

(b) Accessory structures for residential uses, including sheds and garages (does not include structures for occasional, temporary, or permanent use by persons residing on the site such as swimming pools, decks, and accessory dwelling units).

(2) POD Secondary Overlay. Land within the POD Secondary Overlay may be used for any purpose otherwise permitted in the underlying district, subject to the additional restrictions presented herein.

(3) The following uses are specifically prohibited within the POD:

(a) Manufacturing, altering, fabricating, assembling, finishing, or processing of products or materials.

(b) Exercise and amusement establishments, such as bowling alleys, skating rinks, golf driving ranges, miniature golf, pinball and video arcades, dance halls, sports arcades, pool arcades, go-cart racing, target practice, archery and related uses.

(c) Warehouses and wholesale establishments.

(d) Hotels, motels and conference centers, etc.

(e) Bus, truck and railroad freight terminals.

(f) Auditoriums, conference centers, sports arenas or other similar facilities.

(g) Airports and heliports.

(h) Quarry operations for sand, gravel, topsoil or other aggregate.

(i) Motor vehicles sales establishments.

(j) Gasoline filling stations.

(k) Gasoline service stations.

(l) Motor vehicle repair garages.

(m) Motor vehicle rental and leasing establishments.

(n) Outdoor storage of building supplies, raw material or equipment.

(o) Junkyards.

E. Area and dimensional standards, maximum allowed:

(1) Height: 35 feet.

(2) Building size: 10,000 square feet. Note: No part of any structure larger than 10,000 square feet may be located within the POD.

F. Landscaping. Applicants for development within the POD shall submit a landscaping plan for review by the Planning Board and the Town's landscape architect. The landscaping plan shall conform to the minimum standards detailed below:

(1) Within Office and Research, Town Center, Enterprise, and Light Enterprise portions of the POD Core Overlay Area:

[Amended 7-26-2007 by L.L. No. 15-2007]

(a) Any side yards or rear yards within the POD shall be a minimum of 100 feet in width.

(b) Parallel to the lot line of such side or rear yard within the first 25 feet in depth from said lot line, but not closer to the lot line than 10 feet, there shall be erected a wood or masonry fence 15 feet high, in front of which shall be planted hedges, trees, shrubbery, or other suitable screening material approved by the Planning Board.

(c) The Planning Board may allow an alternate mitigation measure to required fencing and buffering after review and approval by the Town's landscape architect.

(2) Within residential portions of the POD Core Overlay Area:

(a) Any side yards or rear yards which are adjacent to a Office and Research, Town Center, Enterprise, and Light Enterprise District shall be a minimum of 50 feet in width.

[Amended 7-26-2007 by L.L. No. 15-2007]

(b) Parallel to the lot line of such side or rear yard within the first 15 feet from said lot line, there shall be planted hedges, evergreens, deciduous trees and other appropriate screening material approved by the Planning Board

G. Performance standards. The following standards shall apply to all uses and structures located within the POD:

(1) Privacy. Business uses must not infringe on the privacy of neighbors or their quiet and peaceful enjoyment of their property.

(2) Traffic and connections. The Planning Board during site plan review may limit and/or require vehicle or pedestrian interconnections between neighboring properties in order to protect the safety of the public, to reduce congestion, and to reduce the adverse impacts of commercial traffic along residential streets.

(3) New commercial buildings. New buildings, conversions, and site modifications located within the POD shall be sited, designed, constructed and landscaped in such a manner that, to the maximum extent feasible, the appearance reflects the existing scale and character of adjacent residential structures.

(4) Parking. All parking facilities located within the POD shall be landscaped per § 249-12D(11), Screening and landscaping.

(5) Lighting.

(a) All exterior lighting, including lighting fixtures, lighting of walks and of parking areas, shall be accomplished with low-level lighting.

(b) The maximum height of any freestanding light fixture shall be 15 feet.

(c) No light source shall be positioned or installed so as to cause glare or spillage into neighboring property beyond that normally associated with residential use.

(d) Lighting fixtures shall include a cutoff-type luminary to prevent glare and spillage of direct light above the fixture.

(6) Signs.

(a) Business uses shall have no more than one sign.

(b) The maximum sign area will be one square foot in area for every ten linear feet of lot frontage, but not exceeding 15 square feet.

(c) Lighting of such sign is permitted by direct illumination (no backlit or translucent signs permitted), provided the lighting source is entirely screened from view and otherwise consistent with § 249-11H(12).

(d) Signs shall otherwise be consistent with the provisions of § 249-11.

H. Site plan review. All building and zoning permits applications in the POD shall be subject to site plan approval. Preexisting nonconformity with this section shall be reduced to the maximum extent practicable.

[1] Editor’s Note: This local law also provided that it shall not apply to properties which had applications that were pending relating to construction of three or more new residential dwelling units and which applications had received, prior to 11-30-2005, preliminary or final site plan, subdivision, special permit or variance approvals, or which had received a SEQRA determination of no significant impact on the environment or for which a draft environmental impact statement had been accepted by the SEQRA lead agency.

§ 249-91 (Reserved)

§ 249-92 (Reserved)

§ 249-93 (Reserved)

§ 249-94 (Reserved)

§ 249-95 (Reserved)

§ 249-96 (Reserved)

§ 249-97 (Reserved)

§ 249-98 (Reserved)

§ 249-99 (Reserved)

§ 249-100 Landscape regulations.

[Added 7-26-2007 by L.L. No. 15-2007]

A. Purpose. The purpose of this section is to establish general standards for landscape design, site buffering, and screening. In addition, these regulations are intended to:

(1) Facilitate the protection and maintenance of the existing natural environment.

(2) Preserve and enhance the aesthetic character of the community.

(3) Provide adequate tree canopy and vegetative cover.

(4) Increase the compatibility between abutting land uses through landscaped screening and buffers.

(5) Alleviate the visual impact of development.

B. General applicability, procedures, and requirements.

(1) Applicability. This section applies to all applications for site plan review.

(2) Procedure. The Planning Board shall review the landscape plan during site plan review procedures and may accept, reject for resubmittal, or accept with modifications. Where a specific case arises that the standard needs to be modified, the Planning Board can do so upon making findings that the modifications proposed meet the purposes of these landscape regulations. In all cases, this review shall include an evaluation by the Town's landscape architect.

(3) Landscape plan required.

(a) A landscape plan, prepared by a licensed landscape architect or qualified landscape designer, shall be included as part of the site plan review submission materials in order to demonstrate how the applicant meets the requirements of this section.

(b) The landscape plan shall be consistent with the site plan and architectural plans for the project and, in general, shall provide the Planning Board with a clear understanding of the character, massing and compatibility of the landscape program. The landscape plan shall include:

[1] Tree survey depicting the location, size, description and number of existing trees with a six-inch or greater caliper.

[2] Location, type, size, height, and number and botanical name for all proposed landscaping materials.

[3] Location of all proposed hardscape features such as parking lots and structures.

[4] Construction limit line.

[5] A selective removal plan should be provided delineating trees to remain within the limit area, including description of protection mechanisms such as fences and hay bales.

[6] Irrigation plan as required by the Planning Board.

[7] Additional site features such as sidewalks, crosswalks, benches, fences, fountains, and other amenities.

[8] Any other information deemed necessary by the Planning Board.

(4) Plant material selection. The selection of plant varieties shall be based on regional climatic conditions, constraints of location, effectiveness in screening adjacent properties (where appropriate), resistance to disease and insect attack, cleanliness and ease of maintenance. To the greatest extent possible, plants shall be selected based on consideration of water conservation. Plants that require minimal irrigation are to be considered and included in the landscape design and maintenance regime where feasible.

(5) Plant and tree sizes. The following plant sizes are the minimum required at time of installation. However, the Planning Board may require larger material to address particular site issues.

(a) Deciduous shrubs: twenty-four-inch spread or height or three-gallon container.

(b) Evergreen shrubs: eighteen-inch spread or height or three-gallon container.

(c) Coniferous trees: six feet height.

(d) Ornamental and understory trees: caliper of 1.25 inches.

(e) Deciduous shade trees: caliper of 2.5 inches.

(f) Ground cover: pot of 2.5 inches (or similar size if not provided in pots).

(6) Irrigation. The Planning Board may require nonresidential development over 10,000 square feet to provide irrigation through either:

(a) Underground sprinkler system.

(b) Outside hose attachment.

C. Yard landscaping. The existing natural landscape character shall be preserved to the maximum extent practical. Complete clearing and stripping of the natural vegetation on a lot is prohibited.

(1) Frontage along streets. Along the frontage of public streets, and where the Planning Board finds private streets or driveways serve aesthetically or functionally as a public street, proposed landscaping shall include a mix of evergreens, deciduous trees and shrubs, lawn areas and perennial/annual beds meeting the following minimum standards:

[Amended 12-9-2009 by L.L. No. 8-2009]

(a) There shall be a minimum of one shade tree per 40 linear feet of frontage along public streets.

(b) There shall be a minimum of one shrub per five linear feet of frontage along public streets.

(c) Required trees and shrubs may be located and organized in a fashion most appropriate to the site, as approved by the Planning Board during site plan review.

(2) Buffers for side and rear yards.

(a) Landscaping for side and rear yards is intended to provide varying levels of visual screening and buffering. In general, this buffering shall be developed to alleviate the impact of nonresidential development, including but not limited to light, parking and loading areas, noise and odor, location of ancillary equipment such as dumpsters and HVAC, traffic flow and light glare from vehicles.

(b) Buffers shall employ existing vegetation, nursery stock, fences, walls, earth berms or grade changes in accordance with these minimum standards. Existing trees to remain within the side and rear yard and perimeter areas may count towards landscape requirements below:

[1] Landscaped buffers required:

[a] Along the property line where a nonresidential use is adjacent to a residential zoning district or use.

[b] Along the property line where a multifamily use is adjacent to any residential zoning district or use.

[c] Landscaped buffers may be required by the Planning Board where certain nonresidential uses are adjacent to other nonresidential uses.

[Amended 12-9-2009 by L.L. No. 8-2009]

Use	Minimum Width of Buffer Area (feet)	Trees per 100 Linear Feet	Shrubs per 100 Linear Feet
Nonresidential use adjacent to a residential district.1	20	5 (evergreen)	20
Multifamily use adjacent to a residential use	15	4 (may be mix of evergreen and deciduous)	15
Nonresidential use adjacent to a nonresidential use or preexisting nonconforming residential use1 (where required by Planning Board)	10	4 (may be mix of evergreen and deciduous)	10
Multifamily, condos, row houses, attached dwellings, adjacent to a parking lot, public or private road or street, access road or aisle for a parking lot	15	4 (may be mix of evergreen and deciduous)	15

NOTES:
1	The buffer area, number of trees, and number of shrubs may be increased by the Planning Board to be commensurate with the potential impact to neighboring properties.

[2] Additional requirements. For all projects, the Planning Board may increase the above buffer standards and/or require a combination of fencing, walls, or berms to minimize the adverse impacts of development upon adjacent uses.

[3] Internal landscaping requirements.

[a] For multifamily and nonresidential uses, the following percentages of the site's disturbed area(s) shall be dedicated to internal landscaping:

[i] Multifamily in any zoning district: 15% of the site's disturbed area.

[ii] Nonresidential uses: 5% of the site's disturbed area.

[b] The minimum internal landscaped area may not include trees and areas proposed to meet the requirements of other landscape sections such as parking lot, street frontage, and landscaped buffers.

[4] Design standards.

[a] A minimum of one tree for every 500 square feet of the required minimum internal landscaping area is required.

[b] The minimum required internal landscaped area shall consist of at least 50% coverage by live plant materials other than lawn, such as trees, shrubs, and perennial/annual beds.

D. Parking lot landscaping. All parking areas that include more than 10 spaces shall conform to the following landscape standards. The Planning Board may allow existing trees to remain within the parking lot area to count towards the landscape requirements below.

(1) Parking lot perimeter landscaping.

(a) A minimum perimeter landscape buffer strip of 10 feet shall be provided for any parking area abutting a public right-of-way and, at the discretion of the Planning Board, along the main access road. This requirement does not apply to areas within required driveway or other access points.

(b) The parking lot perimeter landscape buffer shall consist of planting materials and structural features to create a minimum three-foot high visual relief screen in the form of a hedge, fence, planter box, berm, dividers, shrubbery, trees, or a combination thereof, as deemed appropriate by the Planning Board.

(c) The buffer strip may also include street trees as required above along the frontage.

(2) Parking lot interior landscaping.

(a) If more than 25 spaces in a row are proposed, then planted islands meeting the standards described herein shall be provided.

(b) Where a series of three or more parking aisles in a row are proposed, a planted median with islands meeting the standards described herein shall be provided. Where four or more aisles are proposed, every other aisle shall contain a median.

(c) Landscaped medians and islands in parking areas may require irrigation as determined by the Planning Board.

(3) Design and landscaping of parking lot medians. All medians shall conform to the following standards:

(a) Medians shall have a minimum width of 10 feet between parking rows.

(b) At least one shade tree for each 40 feet of median length or one ornamental tree for each 30 feet of median length.

(c) At least one shrub per five feet of median length.

(d) The median shall contain adequate ground cover.

(e) Medians shall not be paved or contain sidewalks except as appropriate for safe pedestrian circulation.

(f) Where sidewalks are deemed necessary by the Planning Board in a median, the minimum median width shall be 20 feet, to allow for a six foot sidewalk.

(4) Design and landscaping of parking lot islands. All parking lot islands shall conform to the following standards:

(a) Islands shall have a minimum width of nine feet. Islands shall extend the length of the adjacent parking stalls.

(b) Landscaped islands shall include a minimum of one shade tree per 15 feet of length, and at least one shrub per five feet of island length.

E. Retaining wall landscaping. All retaining walls that exceed five feet in height, including tiered walls, should be screened by vegetation, such as trees, shrubs and vines, and are subject to the following landscape standards:

(1) For walls five feet to just below 10 feet in height, provide a mix of shrubs and evergreen trees at one plant per 10 linear feet. Installation height shall be a minimum of three feet.

(2) For walls 10 feet in height or greater, provide one evergreen tree per 10 linear feet and one shrub per five linear feet. Minimum installation size for trees shall be six feet in height, with a height at maturity to be equal to or greater than the height of the wall.

(3) Space along the wall for the above landscaping requirements shall be provided. Under certain circumstances, the Planning Board may waive that requirement and recommend alternate landscape screening.

F. Additional standards. In addition to the minimum standards above, landscaping and pedestrian area design shall:

(1) Highlight public access points into buildings, for example, by the use of smaller-scale flowering trees and shrubs.

(2) Include benches, lighting, and occasional waste receptacles in entrance courtyards and along pedestrian walkways or malls.

(3) Provide for continuous pedestrian circulation between uses on-site, and connecting to adjacent public, County, or state roads and transit facilities.

(4) Screen from view any mechanical equipment, air-conditioning units, dumpsters, and other equipment not located within the building, service areas, and loading docks.

(5) Provide visual relief and interest along large expanses of building walls and accent building entrances and architectural features.

G. Installation. Installation of plantings according to the approved landscape plan shall be ensured by the Building Inspector before a certificate of occupancy is issued.

H. Maintenance of landscaping.

(1) The owner, tenant, or agent, if any, shall be responsible for providing, protecting, and maintaining all landscaping in healthy and growing conditions, replacing it when necessary to ensure continuous conformance with these guidelines and keeping it free from refuse and debris. Maintenance shall include the replacement of all dead plant material within the guaranteed contract period (one year).

(2) The Planning Board shall require that a bond or letter of credit, in the amount of 10% of the total installation cost, be held to ensure the maintenance of landscape as shown on the approved landscape plan submitted with the site plan. The Planning Board is authorized to require guaranteed performance contracts such as a letter of credit, bond or other reasonable contract as means to ensure adequate and timely maintenance or replacement of the approved landscaping.