Town of Highland, NY Establishment of Zoning Districts and Regulated Areas

Editor's Note: The Zoning Schedule: Area and Bulk Regulations Table is included as an attachment to this chapter.

Purpose and intent.

The Town of Highland desires to allow for certain compatible commercial uses in select areas of the community to increase opportunities for local employment and to provide alternative options for economic development within the Town. Given the rural nature of the Town and the associated environmental resources, including vast tracts of forested areas, steep slopes, ridgelines and the Upper Delaware River, a majority of commercial growth is located in designated Hamlet areas. There are however, additional areas within the Town that may be suitable to support appropriately scaled commercial development compatible with the surrounding environment.

(2)

The Town of Highland has established the Rural Commercial Floating District (RCFD) regulations to provide for the rezoning of land to compatible commercial development zones in conformance with provisions and standards to ensure compatibility among all land uses and consistency with the Comprehensive Plan, to foster innovations in site planning and development and encourage sound design practices. Such development shall also be in the interest of the general welfare of the public.

Approvals required.

(1)

Applicants proposing to rezone property to a RCFD shall apply in writing to the Town Board in accordance with the procedures set forth in this section.

(2)

The RCFD is a floating zone and does not exist without the explicit authorization of and through the legislative act of rezoning by the Town Board in accordance with the procedures set forth in this section. The boundaries of an approved RCFD will be shown on the Zoning District Map at such time the Town Board approves an RCFD application and amends that map.

(3)

Applicants shall also be required to obtain final site plan approval form the Planning Board subsequent to the Town Board approved zoning change in accordance with the requirements of this chapter.

(4)

The Town Board retains absolute discretion to approve a RCFD, and reserves the right to refuse to entertain an application for any reason.

Minimum acreage and lot width requirement.

(1)

Minimum acreage required. A RCFD may only be proposed on one or more contiguous lots having a minimum of 10 contiguous acres.

(2)

Minimum lot width. A minimum front lot width of 500 feet along a two-lane state or county road shall be required for any proposed RCFD.

Zoning districts. Applications for a RCFD may be considered for property within any zoning district in the Town of Highland outside of the Designated Delaware River Corridor.

Uses.

(1)

An application for a RCFD can be made for any use allowed by this chapter, regardless of the Zoning District in which they are allowed, except for uses specifically prohibited in this chapter and listed below.

(2)

Additional prohibited uses.

(a)

One-family dwellings.

(b)

Educational institutions.

(c)

Mixed-commercial/residential dwelling.

(d)

Multiple-family dwelling.

Sketch plan conference required. A sketch plan conference with the Town Board shall be required prior to the submission of a formal RCFD application. In order for a sketch plan conference to be scheduled, the applicant shall submit an application as directed in Article VIII of this chapter. The required application materials shall be submitted to the Town Board a minimum of 20 days prior to the Town Board meeting at which the conference is requested to be scheduled.

(1)

Within 30 days of receipt of a sketch plan conference application, the Town Board shall meet to determine if the application has merit for further consideration.

(2)

The Town Board reserve the right to decline to consider or terminate consideration of the sketch plan conference application at any time during the review process, and shall inform the applicant of such decision in writing.

(3)

During their review of the sketch plan conference application, the Town Board reserves the right to meet with the applicant, hold informational meeting(s) to obtain public input on the proposal and request additional information from the applicant to assist in determining the merits of the proposal for further review in accordance with this chapter.

(4)

The Town Board's decision regarding the merit of the pending application shall be made within 45 days of receiving the initial submission, unless an extension is mutually agreed to between the Town Board and applicant.

(5)

Town Board decision on sketch plan conference application.

(a)

If the Town Board determines that the application does not merit further review because it may not be consistent with applicable objectives of Chapter 190 and/or applicable goals and objectives of the Comprehensive Plan, or for any other reason identified by the Town Board, it shall so notify the applicant in writing, and no further action on the application shall be taken. The applicant may submit a revised sketch plan conference application, but may not submit a formal RCFD application.

(b)

When the Town Board has made a determination that an application for a RCFD has merit for further review, it shall instruct the applicant to submit a formal RCFD application pursuant to this articl.

Formal RCFD application review.

(1)

Determination of completeness. Within 62 days from the first meeting at which the formal RCFD application is on the agenda, the Town Board will review and make a determination of whether the submitted materials and documents constitute a complete application. If it is determined that the application is incomplete, the Town Board shall advise the applicant in writing as to what documents or materials are missing or what the deficiencies in the submitted materials or documents are. Upon resubmission of the application or missing materials, the Town Board shall have the same time period as set forth above in which to determine completeness of the application materials.

(2)

Planning Board review of completeness. During their completeness review, the Town Board reserves the right to forward the application to the Planning Board for its review and recommendation on completeness and adequacy of materials submitted.

(a)

In the event such a referral is made, the applicant shall forward seven copies of all application materials to the Planning Board. The Planning Board shall have 45 days from receipt of the application materials to submit a written report to the Town Board detailing additional information the Planning Board deems necessary for a completed application. The Planning Board may request one thirty-day extension from the Town Board in order to finish their review of completeness.

(b)

The Planning Board's recommendation for additional materials shall be forwarded to the applicant after Town Board review and approval, unless the Town Board waives one or more application requirement pursuant to the waiver process set forth in this article.

(c)

Should the Planning Board fail to submit its report detailing deficiencies in the application to the Town Board within the forty-five-day time period, or 75 days if an extension was granted by the Town Board, its right to make a recommendation shall be deemed to be waived.

(3)

If the Town Board determines that the application is sufficiently complete to begin a formal review, it shall:

(a)

Begin the State Environmental Quality Review Act process, if not already initiated.

(b)

Inform the Planning Board in writing of its decision and instruct the applicant to provide seven copies of the complete application to the Planning Board for its review on approvability in accordance with this section. If the Town Board previously referred the initial application to the Planning Board for a recommendation on completeness, the applicant shall only submit new information not already provided to the Planning Board.

(c)

Refer a complete copy to the Sullivan County Division of Planning and Environmental Management and, if applicable, any other agency that has approval jurisdiction over any aspect of the proposal.

(d)

If not already performed, and as necessary, identify or retain a consultant or consultants in which to assist the Town Board in reviewing the application.

(4)

Planning Board review and recommendation.

(a)

Upon receipt of the Town Board referral and formal RCFD application deemed complete, the Planning Board shall conduct their review in accordance with this section and shall respond in writing to the Town Board's referral within 62 days of receipt of all of requested documentation to make a report, unless the Planning Board requests an extension for good cause shown, including, but not limited to, the need for additional information from the applicant, and such extension is granted by the Town Board.

(b)

For the purposes of this section, the date of the Planning Board receipt of the completed formal RCFD application shall be the next regular meeting of the Planning Board. The applicant shall attend such meeting in order to explain the proposal and answer any questions the Planning Board may have. The Planning Board reserves the right to request additional information it deems necessary in order to conduct their review in accordance with this chapter.

(c)

The Planning Board's review and recommendations shall take into consideration items the Planning Board is required to consider when referred a proposed zoning amendment pursuant to Article IX, Amendments, of this chapter and shall also consider the following.

[1]

Any relevant project-specific standards set forth in Article IV, Supplementary Regulations, of this chapter.

[2]

Town Board review criteria for determining approvability, as set forth in this article.

[3]

Such other standards and matters the Planning Board may consider pertinent.

(d)

Should the Planning Board fail to submit its report and recommendation to the Town Board within the sixty-two-day time period, or such other time period as may be extended by the Town Board, its right to make a recommendation shall be deemed to be waived.

(e)

The report and recommendation of the Planning Board shall include, but shall not necessarily be limited to, a recommendation for approval or disapproval of the RCFD, and recommendations for changes to the project scale and/or scope along with conditions, regulations and performance standards to be established by the Town Board in conjunction with its creation of the RCFD.

(5)

Town Board consideration of the Planning Board's report and recommendation.

(a)

The Town Board shall consider the Planning Board recommendation of approval or disapproval, but shall not act contrary to such recommendation, except by a vote of not less than 4/5 of all members approving a resolution that sets forth the reasons for such contrary action.

(b)

The Town Board shall have the right to accept or reject one or more of the additional recommendations of the Planning Board specific to changes of the project scale and/or scope along with conditions, regulations and performance standards. Said recommendations not accepted by the Town Board shall require a simple majority of all members by resolution setting forth the reasons for not accepting them.

(6)

Town Board review of complete RCFD application.

(a)

Wavier of review requirements. The Town Board may waive one or more requirement(s) for the approval, approval with modifications or disapproval of a RCFD if any such requirement(s) are found not be requisite in the interest of the public health, safety or general welfare or is considered inappropriate or not applicable to the particular project. All such waivers shall require a resolution, adopted by not less than 4/5 of all Town Board members. Said resolution shall set forth reasons for the waivers granted.

(b)

Public hearing and referrals. Within 30 days of the Town Board's formal determination of completeness, the Town Board shall schedule a public hearing on the proposed project with public notice. Such public notice and required referrals shall be consistent with the posting and referral requirements for a zoning law amendment, pursuant to Article IX, Amendments, of this chapter.

(c)

Compliance with the State Environmental Quality Review Act. The Town Board shall comply with applicable provisions of the State Environmental Quality Review Act prior to issuing a final decision on the RCFD application.

(d)

Decision on the RCFD application. Within 62 days after the close of the public hearing, unless an extension is agreed upon with the applicant, the Town Board shall decide whether to deny or grant approval of the RCFD. The decision to grant approval of the RCFD shall amend applicable sections of this chapter and the Town Zoning District Map as a RCFD for the involved property subject to the terms and conditions of its approval. In rendering its decision on whether to deny or grant approval of the proposed RCFD, the Town Board shall be guided by the following criteria:

[1]

Report and recommendations provided by the Planning Board.

[2]

The need for, or suitability of, the proposed land use or uses in the subject location.

[3]

The compatibility of the proposed land use or uses with the character of the surrounding area or neighborhood and the existing uses located on properties adjacent to the project location.

[4]

The safeguards provided or conditions required so as to minimize possible detrimental effects or impacts that the proposed project may have on adjacent properties, the surrounding area in general and the Town at large.

[5]

Adequacy of drainage, water supply and sewage disposal facilities, traffic access and municipal services that may be required.

[6]

Whether a positive or beneficial increase in tax base can be expected when compared with costs of municipal services (including, but not limited to, education, emergency response, and public roads, to be provided).

[7]

Whether the proposed project will further the general welfare of Town residents with sufficient protection for the health and safety of Town residents.

[8]

Whether the proposed project is in accordance with the purpose and intent of this section, applicable requirements and provisions of this chapter and applicable goals and objectives of the Town of Highland Comprehensive Plan.

[9]

Other factors deemed appropriate by the Town Board in its legislative discretion.

RCFD application requirements.

(1)

Waiver of certain application requirements. The Town Board shall have the authority to waive certain application requirements it deems unnecessary or inappropriate given the size, scope and complexity (or lack thereof) of the project, or if such requirements are not applicable to the particular project and they are found not be requisite in the interest of the public health, safety or general welfare of the Town of Highland. All such waivers shall require a resolution, adopted by a simple majority vote of all Board members. Said resolution shall set forth reasons for the waivers granted.

(2)

Sketch plan conference application. One original and six copies of the following, along with the required application fee as indicated in the Schedule of Fees adopted by the Town Board, shall be submitted to the Town Board.

(a)

Sketch plan. A sketch plan drawn to an acceptable scale, i.e., one inch equals 100 feet or less, delineating the parcel(s) to be developed and included in the proposed RCFD. Definite boundary line information will be required. In addition, the sketch plan shall consist of the following elements and may be provided on multiple sheets:

[1]

Sketch plan based upon generalized topographic data (USGS five-foot contour interval) and soil conditions; said plan to show the limits of property involved in the application, existing easements and approximate locations of existing and proposed building with setbacks from property lines.

[2]

Sketch plan showing locations of environmental features, including, but not limited to, wetlands, streams, drainage ways, ponds, lakes, forested areas, open fields, slopes over 15% and areas susceptible to flooding, and proposed setbacks from these features.

[3]

Sketch plan to show proposed traffic circulation, including existing public roads to be used, on-site circulation and/or approximate parking and loading.

[4]

Schematic of proposed landscape and open space plan, as applicable.

[5]

Sketches of typical structures proposed.

[6]

Proposed public utilities concept plan, including water supply, wastewater disposal and storm drainage facilities to be constructed.

[7]

Proposed construction sequence for buildings, recreation and open spaces, parking areas and public utilities and roads.

(b)

Project narrative. A narrative description of the proposed project is required, addressing its scope of operation, purpose, justification and impact on the immediate area of influence and the Town in general (school, traffic generation, population, utilities, aesthetics and land use compatibility) and including the following:

[1]

Address of site including street and number, Tax Map section, block, and lot (SBL).

[2]

Name, address and contact information of applicant and owner(s) (if different).

[3]

Type of proposed business.

[4]

Current site zoning.

[5]

Description of existing site and use(s).

[6]

Detailed description of intended site development and use(s).

[7]

Proposed gross floor area of each building.

[8]

Building heights.

[9]

Number of anticipated employees.

[10]

Hours and days of operation.

[11]

Proposed number of parking spaces.

[12]

Lot coverage (as defined in this chapter) with a breakdown of the following: paved areas, building coverage, and pervious and green space areas by percentage of site and square footage.

[13]

Potential impact(s) on adjoining property related to noise, aesthetics, drainage, lighting, and/or other issues.

[14]

Anticipated impact on services (quantify and discuss impacts): traffic, sewer, water, solid waste, and roads.

[15]

Storage and disposal methods of chemicals used (solvents, soaps, etc.).

[16]

Description of how the proposed project is consistent with and achieves one or more goals and objectives of the Town of Highland Comprehensive Plan.

[17]

Any additional information the Town Board may deem necessary for its review of the project.

(3)

Formal RCFD application. One original and six copies of the following along with the required application fee, as indicated in the Schedule of Fees adopted by the Town Board, shall be submitted to the Town Board.

(a)

Level of detail expected. The following is intended to set forth a comprehensive list of required submissions for a proposed RCFD. It is intended that the required submissions be tailored to the actual proposal so that unintended and/or unnecessary costs in preparing submission materials are eliminated in the application process to the extent practicable. The submission materials, however, are to be complete and comprehensive with respect to the particular project proposed, so that the Town Board and Planning Board have the opportunity to make their decisions on an appropriate record of information.

(b)

Preliminary site plan. A schematic site plan, of one or more sheets, drawn to scale of not less than one inch to 100 feet which shall show at a minimum the following information:

[1]

Boundaries and total acreage of the proposed area to be considered for the RCFD.

[2]

Location of environmental features of land comprising the proposed RCFD including, but not limited to, wetlands, ponds, streams and drainage ways, open fields, tree stands and hedgerows, topography (of minimum contour intervals of not more than 10 feet), along with other existing natural features. All environmental features to be preserved and/or disturbed shall be identified on the site plan and discussed in the project narrative, including reasons why any disturbance cannot be avoided.

[3]

Location and description of all existing man-made features on the project site and on all properties contiguous to or within 100 feet of the proposed RCFD, including all land uses, structures, driveways and streets, wells, subsurface sewage treatment systems, sidewalks, easements and common areas with identification of what is to be maintained, altered and/or removed.

[4]

Layout of proposed development along with the location, areas and dimensions of proposed uses, structures, access and internal roads, parking areas and spaces, water and sewer system facilities and laterals, and all other site development features.

[5]

Location, area and features of each development phase if the development is proposed to be constructed in phases.

[6]

Identification and description of any proposed open space component of the development.

[7]

Drawings/guidelines. Architectural drawings or general architectural renderings for all structures proposed within the RCFD including a general narrative description of the type of architecture proposed and how it compares to the existing architectural features of nearby areas and proposed signage and/or signage regulations.

[8]

Landscape plan. A general but complete plan of the significant landscape features including buffer areas, screening and aesthetic features.

[9]

Stormwater pollution prevention plan (SWPPP), if applicable, with supporting engineering documentation prepared pursuant to the requirements of the State Pollutant Discharge Elimination System (SPDES) Permit Program.

[10]

Traffic studies and plans.

[11]

General lighting plan.

(c)

A written description (written narrative and visual) that includes the following:

[1]

Formal request for the RCFD with signatures of all parties having an interest in the subject property or properties.

[2]

Name, address and contact information of applicant and owner(s) (if different).

[3]

Address of site (street and number. Tax Map block and section).

[4]

Existing ownership of land proposed to be included in RCFD.

[5]

Proposed ownership of the post-development RCFD including description of organization(s) to be utilized to own, maintain and manage common areas, commercial space, and infrastructure improvements and whether certain structures or parcels within the RCFD will be offered for sale or conveyance to third parties.

[6]

Proposed mixture of uses.

[7]

Phasing plan, if any, including timing of phases proposed offers of dedication of land, improvements and/or easements.

[8]

Post-development deed covenants, conditions and/or restrictions applicable to individual properties within the RCFD or to the entire RCFD.

[9]

Schedule of general improvements to constitute a part of the development, including, without limitation, signage, lighting, utilities, off-site improvements and features designed to address noise, visual screening, drainage, etc., if not already addressed in other submission materials.

[10]

An assessment of whether the proposed uses within the RCFD are compatible with surrounding properties and uses (providing support for such conclusion) or, if not compatible, what measures or design features are included in the design of the RCFD to enhance compatibility or mitigate incompatibility.

[11]

An assessment of whether the proposed RCFD is consistent and compatible with the overall character of the surrounding area and Town and, if not consistent or compatible, the reasons why or what measures are included in the RCFD proposal to enhance compatibility or mitigate incompatibility.

[12]

Proposed local law amending this chapter and the Zoning District Map.

(d)

Full EAF or draft environmental impact statement.

(e)

Escrow for professional services review. The applicant shall deposit an amount equal to the estimated cost of all necessary engineering and other professional services incurred in review of the development project. Such deposit shall be held in escrow by the Town, which estimated cost shall be paid prior to the Town incurring any professional costs.

Town Board approval of RCFD.

(1)

Conditions and other requirements of approval.

(a)

The Town Board, as part of its decision and approval of the RCFD, may set forth any conditions on the conduct of the approved project which it deems appropriate to safeguard the health, safety and general welfare of the immediate neighborhood and Town and to mitigate potential impacts.

(b)

The Town Board, as necessary, shall also prescribe specific lot area, yards, coverage, height and bulk requirements for the RCFD and shall prescribe such applicable performance standards in the RCFD as it deems appropriate. The Town Board may require a bond or surety for the implementation of such performance standards.

(c)

In approving the RCFD, the Town Board shall amend this chapter to reflect the conditions, restrictions, performance standards and other requirements of the RCFD decision, and the Zoning District Map shall be amended to accurately reflect the boundaries of the RCFD.

(d)

All RCFD approval conditions, restrictions, performance standards and other requirements shall run with the land and shall not lapse or be waived as a result of any subsequent change in the tenancy or ownership of any or all of said area.

(2)

Subsequent required approvals.

(a)

Site plan approval required. An approved RCFD shall also require site plan approval from the Planning Board in accordance with this chapter.

(b)

The applicant shall not be required to resubmit application materials to the Planning Board as part of the site plan review that were already provided as part of the RCFD approval, unless changes are required to comply with any conditions or modifications of the approved RCFD.

(c)

The Planning Board shall approve the site plan if it finds that the site plan is the same as the schematic plan approved by the Town Board except as may have been revised to comply with any conditions or modifications of the approved RCFD, and if it complies with all regulations, standards and conditions established by the Town Board in creating the RCFD, and further satisfies the standards and criteria in this chapter.

(3)

Amendment to an RCFD. An RCFD approval may only be amended or modified pursuant to an application for a RCFD amendment which shall follow the procedures in existence at the time of the Town Board's original decision to approve the RCFD.

(4)

Expiration and revocation of RCFD approval.

(a)

If after two years from the date of the RCFD approval final site plan approval has not been obtained and substantial site work has not begun, the Town Board shall revoke the RCFD approval and the land returned to the classification which it held prior to the RCFD approval, unless an extension is granted by the Town Board.

(b)

The Town Board may grant at their discretion one twelve-month extension of an approved RCFD provided the applicant submits a written request a minimum of 30 days prior to the expiration date. When requesting an extension, it shall be the applicant's responsibility to prove that there have been no significant changes to the site or neighborhood and that the circumstances and findings of fact by which the original approval was granted have not significantly changed.

[1]

Editor's Note: See also Ch. 70, Flood Damage Prevention.

H-C	Hamlet-Commercial District
R-1	Residential District
R-2	Residential-Agricultural District
WLRD	Washington Lake Resort District
RCFD	Rural Commercial Floating District

P	Permitted use in a specified district. Permitted uses usually require a building permit, certificate of use and certificate of compliance from the Code Enforcement Officer (see Article VII). Such uses also usually require site plan review and approval by the Planning Board (see Article VIII), unless otherwise noted on the District Schedule of Use Regulations, and may also be subject to supplemental requirements (see Article IV).
SUP	Special use permit is an authorization for a use which is permitted, subject to adherence to the general standards enumerated in Article VIII, and as applicable, any additional specific standards set forth in Article IV, such use is in harmony with the Zoning Law, will not adversely affect the neighborhood if such standards are met, and has been approved in a manner required by this chapter for the specified district.
NA	Prohibited use in the specified district.