A.
Purpose and intent. It is the purpose of this section
to prevent the clear-cutting and grading of lots except in association
with an approved site plan.
B.
Application. No person may clear-cut or grade more
than one acre within a five-year time period in any business or industrial
district, nor may a person clear-cut or grade more than two acres
within a five-year time period in any residential district, except
for the RR and LDR Districts, without an approved site plan. No person
may clear-cut or grade more than five acres in the RR and LDR Districts
without an approved site plan. These regulations do not apply to timber
harvesting.
C.
Any person proposing to clear-cut or grade more than these totals must follow the procedures for and obtain site plan approval in accordance with Article VI of this chapter. This requirement applies to timber harvesting involving clear-cutting land areas greater than specified above.
D.
Any graded or cleared area shall be seeded within
45 days of being cleared or graded.
E.
The requirements of this section shall not apply to
agricultural uses and associated activities.
A.
Purpose. It is the intent of this chapter to minimize
glare and to provide the minimum amount of lighting on commercial
sites necessary to provide for safe use of the property.
B.
Application. These regulations shall apply to all
commercial, industrial, multifamily, office and recreation uses in
the Town of Stillwater. These requirements shall not apply to agricultural
uses, including the operation of any greenhouse within the Rural Residential
District. These requirements shall apply to the operation of a greenhouse
within the Low-Density Residential District.
C.
Standards. All exterior lights and illuminated signs
shall be designed and located in such a manner as to prevent objectionable
light and glare from spilling across property lines. The following
horizontal illumination levels shall be observed. For uses not listed
here, the Planning Board may determine the appropriate horizontal
illumination level, referencing the values found in the most current
edition of the reference entitled "The IESNA Lighting Handbook," published
by the Illuminating Engineering Society of North America. The Planning
Board may vary these standards, making them more or less restrictive,
where it finds it to be in the interests of this chapter and the Town
to do so. In particular, the Town may vary the standards with reference
to the brightness and use of the surrounding environment.
|
Use
|
Horizontal Illumination
(footcandles)
| |
|---|---|---|
|
Commercial parking lot
|
2.5
| |
|
Industrial parking lot
|
1.0
| |
|
Office parking lot
|
1.0
| |
|
Recreation parking lot
|
2.5
| |
|
Multifamily parking lot
|
2.5
| |
|
Church/education lots
|
1.0
| |
|
Building entrances
|
5.0
| |
|
Building exteriors
|
1.0
| |
|
Loading/unloading areas
|
20.0
| |
|
Gas station approach/driveway
|
2.0
| |
|
Gas station pump island
|
20.0
| |
|
Gas station service areas
|
3.0
| |
|
Seasonal stands
|
25.0
| |
|
Automobile lots
|
25.0
| |
|
Driveways and road approaches
|
2.0
|
D.
Fixtures. All lighting fixtures shall be architecturally
compatible with the primary building. Fixtures shall be shielded and
have cutoffs to direct light directly to the ground. Fixtures shall
generally be of dark colors. Pole-mounted fixtures shall not exceed
20 feet in height. High-pressure sodium lights are preferred. Lexan
lenses or similar low-glare materials are preferred.
E.
All lighting shall maintain a uniformity ratio of
4:1.
F.
Procedure. Any use subject to site plan review shall
submit a lighting plan describing the lighting component specifications,
such as lamps, poles, reflectors and bulbs. The lighting plan shall
show the illumination levels over the project site.
A.
Stormwater drainage plans shall be required as part
of the site plan approval process, unless waived by the Planning Board.
B.
The stormwater drainage plan shall analyze the impacts of the project using a twenty-five-year return interval storm for residential projects and a fifty-year return interval storm for commercial projects and using the analysis procedures in Chapter 176, Subdivision of Land. Impacts on downstream properties shall be analyzed as part of the plan.
C.
All stormwater management plans shall be designed
so that post-development runoff is equal to or less than predevelopment
runoff, unless this requirement is waived by the Planning Board.
E.
The Planning Board may refer stormwater drainage plans
to the Town Engineer, the Town Highway Superintendent or such other
persons or agencies it deems appropriate.
A.
Construction on slopes.
(1)
Except for approved existing subdivisions, site plan
review shall be required for the following:
(a)
Any detached structure proposed to be constructed
on any lot, parcel or site having a slope of 15% or more within a
fifty-foot radius of the proposed location of said structure; removal
or excavation of 100 cubic yards or more of rock, soil or vegetation
from such site.
(b)
Proposed construction of a privately owned driveway,
road or right-of-way on a slope of 10% or more.
B.
Guidelines. Unless the standards in Subsection C below are more restrictive, the applicant shall conform to the published Guidelines for Erosion and Sediment Control in Urban Areas of New York State, by the United States Department of Agriculture Soil Conservation Service, copies of which are maintained at each Soil and Water Conservation District Office.
C.
Standards.
(1)
When land is exposed during development, the exposure
should be kept to the shortest practicable period of time and the
smallest amount of land possible.
(2)
Grading and development shall preserve salient natural
features, such as trees, groves, natural terrain, waterways and other
similar resources, and shall conform substantially with the natural
boundaries and alignment of watercourses.
(3)
Provision shall be made prior to, during and after
construction to dispose of increased runoff caused by changed surface
conditions, in a manner which minimizes danger of flooding, erosion
and pollutants from urban runoff entering lakes, streams or rivers.
(4)
Temporary vegetation and mulching shall be used to
protect critical areas during development.
(5)
Permanent vegetation shall be successfully established
and erosion control structures shall be installed as soon as practical
on development. Wherever feasible, natural vegetation shall be retained
and protected.
(6)
Topsoil removed from areas for structures shall be
redistributed within the boundaries of the lands in question so as
to provide a suitable base for seeding and planting.
(7)
The development shall be fitted to the topography
and soils to create the least erosion potential. Cut-and-fill operations
shall be kept to a minimum and shall transition smoothly into existing
topography so as to create the least erosion potential and adequately
accommodate the volume and rate of velocity of surface runoff.
(8)
Cuts and fills shall not endanger adjoining property
nor divert water onto the property of others.
(9)
Provisions shall be made to effectively accommodate
the increased runoff caused by changed soil and surface conditions
during and after development.
(10)
Disturbed soils shall be stabilized as soon
as possible. Temporary vegetation and/or mulching shall be used to
protect exposed land areas during construction.
(11)
Sediment basins (debris basins, desilting basins
or silt traps) shall be installed and maintained to remove sediment
runoff waters from land undergoing development. Provisions shall be
made to prevent surface water from damaging the cut face of excavations,
fills or sloping surfaces.
(12)
The control of erosion and sediment shall be
a continuous process, undertaken as necessary prior to, during and
after site preparations and construction. Sedimentation control measures
shall be installed as part of site preparation prior to beginning
any construction.
(13)
Permanent vegetation shall be successfully established
and erosion control structures shall be installed within a time specified
on the building permit. Wherever feasible, natural vegetation shall
be retained and protected.
(14)
All fill material shall be of a composition
suitable for the ultimate use of the fill, free of rubbish and carefully
restricted in its content of brush, stumps, tree debris, rocks, frozen
material and soft or easily compressible material. Fill material shall
be compacted sufficiently to prevent problems of erosion.
(15)
Grades of at least 1/2% and drainage facilities
shall be provided to prevent the ponding of water, unless such ponding
is proposed within site plans, in which event there shall be sufficient
water flow to maintain proposed water levels and avoid stagnation.
(16)
Provisions shall be made that there will be
no detrimental effect on water quality of the watercourses. There
will be no discharge of sediment or other material into the watercourses.
(17)
Fills shall not encroach on natural watercourses,
constructed channels or floodway areas. Fills placed adjacent to or
having impact on natural watercourses, constructed channels or floodplains
shall have suitable protection against erosion during periods of flooding.
(18)
No development shall be permitted in a floodway
if such development shall raise the water surface elevation of the
base flood at any point in the community.
(19)
The rate of surface runoff shall not be increased
by new construction. Whenever possible, drainage shall be sheet-drained
into earthen swales and collected in a detention or retention basin.
Where soils permit, the water shall be allowed to percolate into soils.
Where clay soils occur, water shall be collected during storm periods
and released slowly into existing streams and drainage channels.
(20)
During grading operations, appropriate measures
shall be taken for dust control.
(21)
Grading equipment shall not be allowed to enter
into or cross any watercourse, except in accordance with the best
management practices as defined in the building permit.
(22)
Whenever lawns are established, areas of natural
vegetation shall be maintained to filter fertilizers, pesticides or
other chemicals before the runoff enters natural streams or drainage
channels. Property owners shall be encouraged to leave natural vegetation
rather than develop lawns alongside of drainage channels and streams.
(23)
Any fill that is imported to a property shall
consist of clean earth, rocks and vegetative material. The importation
of man-made materials, such as rubble, concrete, bricks, metal, garbage,
offal or other solid or hazardous waste or construction debris, to
a property for use as fill shall be prohibited.[1]
[1]
Editor's Note: Former Subsection C(24), Stormwater pollution
prevention plan, added 10-6-2016 by L.L. No. 6-2016, which immediately
followed, was repealed 7-27-2017 by L.L. No. 2-2017.
D.
Exemptions. The requirements of this section shall
not apply to agricultural uses or activities.
A.
Applicability. These standards shall apply to all
commercial, industrial, and multifamily zoning districts and uses.
These standards may be met by saving existing trees on the site or
by planting new trees from the recommended species list below. The
Planning Board may vary the species on this list at its discretion.
B.
Landscaped strips along streets.
(1)
A landscaped strip shall be provided adjacent to all
public and private streets. The landscaped strip shall be a minimum
of 10 feet, exclusive of the street right-of-way. Within the landscaped
strip, one shade tree (three-inch caliper minimum) shall be provided
per every 250 square feet, or any portion thereof, of landscaped strip.
Required shrubbery shall be no higher than four feet above existing
street grades, nor shall any tree with foliage extending below 10
feet above the established street grades be maintained, within 20
feet of any street intersection or 10 feet of driveway/street intersections.
This restriction is for purposes of maintaining visibility at all
times.
(2)
Where parking lots and drives abut the landscaped
strip along the street right-of-way, evergreen shrubs selected from
the list below must be provided for screening. The screening must
be a minimum of three feet high and extend along the entire street
frontage of the parking lot, exclusive of driveways and visibility
clips. A landscaped berm may be provided in lieu of required shrubs.
The berm must be 18 to 40 inches above the average grade of the street
and parking lot curbs, with a slope not to exceed 3:1. If a parking
lot is located 50 feet or more from the street right-of-way line,
no screening shrubs or berm will be required.
|
Evergreen Low Screening Shrubs
| ||
|---|---|---|
|
Common Name
|
Scientific Name
| |
|
Euonymous
|
Euonymous fortunei
| |
|
Oregon grape
|
Mahonia aquifolium
| |
|
Rhododendron
|
Rhododendron ('compacta' varieties)
| |
|
Holly
|
Ilex ('compacta' varieties)
| |
|
Dwarf hinoki false cypress
|
Chamaecyparis obtuse 'Nana Gracilis'
| |
|
Spruce
|
Picae (varieties)
| |
|
Juniper
|
Juniperus (varieties)
| |
|
Yew
|
Taxus (varieties)
| |
|
The blue hollies
|
Ilex meservae
| |
|
Mountain laurel
|
Kalmia latifolia
| |
|
Fire thorn
|
Pyracantha
| |
|
Rhododendron
|
Rhododendron
| |
|
Leatherleaf viburnum
|
Viburnum rhytide phyllum
| |
C.
Visibility. Street-level landscaping shall not interfere
with visibility.
D.
Interior parking lot landscaping. Interior parking
areas shall be landscaped in addition to the required landscaped strip.
Trees must be provided in each parking lot at a minimum average density
of one shade tree (three-inch caliper) for each 15 parking spaces,
or any fraction thereof. Additionally, interior parking lot landscaping
shall be provided in accordance with the following table:
|
Total Parking Area
|
Interior Landscaped Area
| |
|---|---|---|
|
Less than 24,999 square feet
|
5%
| |
|
25,000 — 49,999 square feet
|
8%
| |
|
50,000 square feet or larger
|
10%
|
E.
Exterior parking lot landscaping. A landscaped strip shall be provided around the perimeter of the site, exclusive of driveways. The landscaped strip shall be a minimum of five feet wide for sites 10,000 square feet or greater and three feet wide for sites less than 10,000 square feet, except for any area abutting a public street, in which case the requirements of Subsection B. above shall apply. Within the perimeter landscaped strip, one shade tree (three-inch caliper minimum) shall be provided per every 250 square feet, or any portion thereof, of landscaped strip.
F.
General parking lot landscaping.
(1)
Parking lot landscaping shall be met for all customer
and employee parking. Parking lot landscaping requirements shall apply
to storage and standing parking spaces incidental to uses, such as
sales and rental of motor vehicles, mobile homes, boats, trailers,
or other similar uses, if such storage is visible from any public
rights-of-way.
(2)
To calculate the total parking area and the subsequent
percentage of required interior lot landscaping, total the square
footage of parking spaces, planting islands, curbed areas, and all
interior driveways and aisles, except those with no parking spaces
located on either side. Landscaped areas located outside the parking
lot may not be used to meet the interior landscape requirement.
(3)
The required landscaping for parking lots shall be
more or less evenly distributed throughout the parking lot, although
adjustments may be approved by the Planning Board reviewing the landscape
plan where the shape or size of the parking lot, the location of existing
trees or other natural constraints reasonably prevent such distribution.
(4)
All landscaped areas, including permeable areas and
drip lines around trees, and planting beds used for visual screening
which abut any parking lot or vehicular travel area shall be protected
with curbs, parking blocks, or similar barriers sufficient to protect
them from vehicular intrusion. Such areas shall have a minimum pervious
area of 60 feet if they are for the purpose of housing landscaping
including trees and 25 feet if they house landscaping other than trees.
Landscaped islands will be a minimum of five feet in dimension and
must be a minimum of nine feet wide when adjacent to parking spaces
where a car door would open into the island.
A.
Purpose. The purpose of buffer zones is to separate
land uses and offer visual screening between uses that may not be
compatible. The level of general compatibility dictates the level
of screening. Three different types of buffers are specified. The
buffer types are designated as Type A, Type B and Type C buffers.
The following table illustrates the types of buffers required between
adjacent uses.
|
Buffer Requirements Between
Adjacent Uses
| ||||||
|---|---|---|---|---|---|---|
|
Land Uses
|
Single-Family
Residential
|
Multifamily
Residential
|
Office
|
Retail
|
Commercial/ Recreational
|
Industrial
|
|
Single-family residential
|
None
|
B
|
A
|
B
|
C
|
C
|
|
Multifamily residential
|
B
|
None
|
A
|
A
|
B
|
C
|
|
Office
|
A
|
A
|
None
|
A
|
B
|
C
|
|
Retail
|
B
|
A
|
A
|
None
|
B
|
C
|
|
Commercial/ recreational
|
C
|
B
|
B
|
B
|
None
|
B
|
|
Industrial
|
C
|
C
|
C
|
C
|
B
|
None
|
|
NOTE: Any use not specified
above is considered a commercial use, unless otherwise determined
by the Planning Board.
|
B.
Description of buffer types. Each buffer type contains
certain minimum requirements, which are outlined in the table below.
Trees and shrubs are to be from the recommended lists in this section.
An opaque fence may be substituted for trees or shrubs of the minimum
specified height, at the discretion of the Planning Board.
|
Buffer Types
| ||||
|---|---|---|---|---|
|
Buffer Yard Type
|
Minimum Landscaped Yard
(feet)
|
Number of Trees Required per 100 Linear
Feet of Buffer
|
Minimum Height of Required Trees
(feet)
| |
|
A
|
10
|
1
|
NA
| |
|
B
|
20
|
3
|
6
| |
|
C
|
50
|
5
|
10
| |
C.
Parking. Parking or storage of vehicles of any kind
or objects associated with the use of the property is not permitted
within the buffer yards. When not inhabited with natural woody plants
(i.e., trees and shrubs) sufficient to visually screen adjoining uses
or zones, such buffer area shall be planted, regraded and/or fenced.
D.
Additional requirements. Buffer yards are in addition
to landscape requirements outlined in this section and may not be
used as a substitution for any part of the required landscaping. Where
the use and area tables of this chapter specify a fifty-foot buffer,
the requirements of a Type C buffer in the table above shall apply.
E.
Exemptions. The requirements of this section shall
not apply to agricultural uses or activities.
No use shall emit particulates and/or smoke
that is detrimental to the public health, welfare and safety. No use,
other than an agricultural use, shall emit particulates or smoke that
exceeds an opacity of 2 on the Ringlemann Chart.
No use shall regularly emit vibration that is
perceptible at the property line of an adjoining use. This section
shall not apply to temporary construction activities.
No use, other than an agricultural use, shall
regularly emit offensive odors perceptible at the property line of
an adjoining use. Restaurants, bakeries, taverns and other uses where
food is cooked or prepared shall be required to take all measures
deemed appropriate by the Planning Board to minimize odors emanating
from neighboring properties.
No use shall emit radiation that is above State
or Federal limits at the property line.
