Town of Lloyd, NY Overlay and Other District Regulations

In addition to the procedure and regulations for site plan review and special use permits required in this chapter, an adult use establishment shall be permitted in the LI (Light Industrial) Zoning District subject to the following restrictions:

(1)

No adult use establishment, active or passive, shall be allowed within a one-thousand-foot radius of another existing adult use establishment, whether within the Town of Lloyd or any neighboring community. The one-thousand-foot radius shall be measured in a straight line from the nearest point of the wall portion of the building in which an adult use business is conducted to the nearest point of the wall on the area in question.

(2)

No passive adult use establishment shall be located within a five-hundred-foot radius of a residential district or a preexisting school, library, civic or youth-oriented center, a designated historic preservation site or district, park, playgrounds or place of worship, as well as any areas designated as "scenic" under New York State law. The five-hundred-foot radius shall be measured in a straight line from the nearest point of the wall portion of the building in which an adult use business is conducted to the nearest point of the wall on the area in question.

(3)

No active adult use establishment shall be located within a one-thousand-foot radius of a residential district or a preexisting school, library, civic or youth-oriented center, a designated historic preservation site or district, park, playgrounds or place of worship, as well as any areas designated as "scenic" under New York State law. The five-hundred-foot radius shall be measured in a straight line from the nearest point of the wall portion of the building in which an adult use business is conducted to the nearest point of the wall on the area in question.

Curfew. It shall be unlawful for any person maintaining or operating any adult use establishment to operate said establishment between the hours of 2:00 a.m. and 10:00 a.m. Monday through Saturday and 2:00 a.m. through 12:00 p.m. on Sunday.

§ 100-19 Agricultural Business Overlay District.

Findings and purpose. The Town of Lloyd finds that protection of agriculture is essential to implementing the goals of the Town of Lloyd Comprehensive Plan. Protection of land for agricultural purposes is a legitimate zoning objective under New York State's statutes, which the regulations set forth in this section seek to achieve. It is also a policy of the New York State Constitution to preserve agriculture. The purposes of the Agricultural Business Overlay District (hereafter the AB-O District), among others, are as follows:

(1)

To implement the Town's Comprehensive Plan, which contains the goals of protecting rural and agricultural lands, discouraging incompatible nearby land uses, and promoting agriculture as a component of the local economy now and in the future;

(2)

To conserve a critical mass of productive agricultural lands in order to facilitate active and economically viable farm use of the lands now and in the future;

(3)

To enhance agricultural businesses that contribute to the general economic conditions of the Town;

(4)

To maintain a viable agricultural base to support agricultural processing and service industries;

(5)

To encourage the voluntary sale of development rights from farms within the AB-O District through the Town's incentive zoning program as outlined in § 100-35;

(6)

To separate agricultural land uses and activities from incompatible residential, commercial, industrial, and public facility development;

(7)

To prevent fragmentation of the Town's existing agricultural lands by nonfarm development;

(8)

To ensure the availability of a safe, locally grown food supply; and

(9)

To reserve the Town's most productive soils for agriculture.

Applicability. The AB-O District shall apply to all lands within the Town's Agricultural (A) Zoning District which are a "farm" as defined in § 100-8 of this chapter and which additionally are enrolled within an agricultural district pursuant to Article 25-AA, §§ 303 and 304, of the New York State Agriculture and Markets Law.

Landowners in the AB-O District are eligible to sell development rights through the Town's incentive zoning program, subject to availability of funds. Development rights may be sold at a density bonus lot yield rate of one dwelling unit per two buildable acres. Lands from which development rights have been sold shall be placed under a permanent conservation easement.

In addition to the permitted uses and special permitted uses for the Agricultural Zoning District listed in the Use Table in § 100-12 of this chapter,[1] the following permitted accessory uses and special permitted uses are also allowed for lands within the AB-O District:

(1)

Permitted accessory uses:

	Roadside stands and farm markets,¹ in conformance with Subsection E(1) and (2) below
	On-farm retail shops¹ for the sale of agricultural products such as meats, woolen goods, flowers, herbs, feed stores, dairies and creameries, and agricultural related products, including gifts, antiques and crafts, in conformance with Subsection E(2) below
	Wineries and cider mills (reuse of agricultural buildings¹ and new construction,² the latter no greater than 10,000 square feet in gross floor area) selling product in a tasting room, derived from crops at least a portion of which came from the farm premises
	Other accessory agricultural or agritourism uses and activities so long as the general agricultural character of the farm is maintained and such uses occur through reuse of agricultural buildings only. Such uses may include but not be limited to:
		Educational experiences such as farm tours, day camps,¹ farming and food-preserving classes, cooking classes, nature hikes
		Value-added processing facilities¹ for farm products of which a minimum of 50% is grown in the Town of Lloyd
		Bakeries¹ selling baked goods containing produce a portion of which is grown on the farm, and baked on site
		Petting zoos, animal display, and pony rides
		Wagon, sleigh, and hayrides
		Seasonal outdoor crop mazes
		Family-oriented animated barns (e.g., fun houses, haunted houses)
		Organized meeting space¹ for use by weddings, birthday parties, and corporate picnics
		Nature trails
		Historical agricultural exhibits
		Open air or covered picnic area with rest rooms
		Harvest festivals and barn dances
		Companion animal or livestock show
	Signs, which shall comply with the provisions of § 100-28
	Parking, which shall comply with the provisions of § 100-29
	Other uses customarily incidental to the permitted or special permitted use and located on the same lot

	NOTES:
	¹	Requires minor site plan review. Minor site plan review should be limited to building elevation and design, parking, lighting, and signage, unless the Planning Board has specific concerns regarding public health, safety or general welfare and such concerns are specifically set forth in the minutes of the Planning Board meeting. The need for a public hearing will be at the discretion of the Planning Board.
	²	Requires major site plan review in accordance with the provisions of § 100-53 of this chapter.

(2)

Special permitted uses. All special permitted uses require major site plan review.

	Country inn, as defined herein and in conformance with § 100-46 of this chapter
	Farm equipment sales and repair
	Feed manufacturing
	Sawmill incidental to the operation of the farm
	Private airstrip
	Multifamily (reuse of agricultural building only), provided that the total number of dwelling units yielded by the property in creating such a dwelling is not exceeded

[1]

Editor's Note: The Use Table is included at the end of this chapter.

Supplemental standards for permitted uses.

(1)

Roadside stands. Roadside stands, as defined in this chapter, shall be allowed in the AB-O District as a permitted use subject to issuance of a building permit by the Zoning Enforcement Officer in conformance with the following standards:

(a)

Such stand shall not exceed 250 square feet in gross floor area.

(b)

Such stand shall be located not less than 20 feet from the edge of the street pavement, and there shall be a suitable area provided where vehicles can safely park while visiting the roadside stand.

(c)

Such stand shall be solely for seasonal display and sale of agricultural products grown principally on the premises or in limited quantity elsewhere by the operator of the roadside stand.

(d)

Signage can be either seasonal or permanent subject to the provisions of § 100-28.

(2)

Farm markets and on-farm retail shops. Farm markets, as defined in this chapter, and on-farm retail shops, as described in Subsection D(1) of this section, shall be allowed in the AB-O District as a permitted use, provided that :

(a)

Such market or shop shall not exceed 4,000 square feet in gross floor area.

(b)

Parking area subject to parking and off-street loading requirements in § 100-29.

(c)

Signage can be either seasonal or permanent subject to the provisions of § 100-28.

(d)

Subject to Ulster County Health Department approval for on-site water supply and sanitary sewage facilities if applicable to the proposal.

Siting standards for residential development in the AB-O District. In order to allow for maximum flexibility in achieving a compatible arrangement of agricultural and residential land uses and to protect important farmlands and scenic vistas without impeding agricultural land use on a portion of a property or on adjacent or nearby properties, all new residential development within the AB-O District shall be designed in accordance with the procedures and requirements for conservation subdivision as outlined in § 100-34 of this chapter and the Town's Subdivision Regulations,[2] and shall conform to the following additional standards:

(1)

All soils classified as prime or statewide important agricultural soils shall be avoided to the greatest extent practical, with a goal of preserving at least 80% of such soils on the parent parcel.

(2)

Residential structures shall be located according to the following guidelines, which are listed in order of significance (some of which may conflict with each other on a particular site, in which case the Planning Board may use its discretion to resolve such conflicts):

(a)

On the least fertile agricultural soils and in a manner which maximizes the usable area remaining for agricultural use and permits access to active agricultural lands;

(b)

Away from the boundaries of any conserved farm to reduce conflicting land uses in these areas;

(c)

In such a manner that the common boundary between the new residential lots and active and/or conserved farmland is minimized in length, is of sufficient width, and is well buffered by vegetation, topography, roads or other barriers to minimize potential conflict between residential and agricultural uses;

(d)

Within woodlands or along the far edges of fields adjacent to woodlands so as to avoid impacts to visually prominent agricultural landscape features and enable new construction to be visually absorbed by the natural landscape;

(e)

To be as visually inconspicuous as practical when seen from state, county and local roads, and particularly from designated scenic routes;

(f)

Next to other residences or building lots on adjacent properties;

(g)

To minimize the perimeter of the built area by encouraging compact development and discouraging strip development along roads;

(h)

On suitable soils for subsurface sewage disposal (where applicable);

(i)

Any other mitigation measure imposed under SEQRA.

(3)

Roads and driveways servicing the residential lots shall be located so as to minimize their impact on the use of agricultural land.

(4)

In order to maximize the conservation of farmland, maximum residential lot size shall be limited, insofar as practicable based on topography and Ulster County Health Department standards, to one acre where individual on-site water supply and sanitary sewage disposal arrangements are intended, and to the least amount of acreage determined to be feasible by the Planning Board when the presence of central facilities is proposed.

[2]

Editor's Note: See Ch. 90, Subdivision of Land.

Partial subdivision. To accommodate landowners who do not desire to subdivide an entire parcel at the time of their initial application for subdivision plat approval, partial subdivision of a parcel shall be permitted and the Planning Board authorized to approve the subdivision plat thereof, provided that the Planning Board finds as follows:

(1)

The subdivision meets the purposes and requirements for a conservation subdivision as set forth in § 100-34 of this chapter and the Town's Subdivision Regulations.[3]

[3]

Editor's Note: See Ch. 90, Subdivision of Land.

(2)

The subdivision is consistent with a farmland protection plan based on conservation principles for the entire parcel, or the two or more contiguous parcels held in the same ownership or in the ownership of related parties, which identifies the development pocket for future subdivision as illustrated herein, and meeting the requirements set forth below. The farmland protection plan shall be submitted by the applicant and shall show:

(a)

The location of prime and statewide important agricultural soils within the tract, and the approximate total acreage of such lands.

(b)

The location and current use, and, if different, the intended use of all existing structures and infrastructure.

(c)

The location and intended use of all proposed building envelopes, roads and other major improvements.

(d)

A depiction of the farm acreage to be protected, labeled in a manner to indicate that such land is not to be further subdivided for building lots and is permanently reserved for agricultural purposes.

(e)

An acknowledgment of the conservation easement or similar binding legal mechanism or other additional land protection measures to be employed.

Conservation and Gradual Development on a Working Farm

§ 100-20 Blue Point Overlay District.

[Added 10-15-2014 by L.L. No. 4-2014]

Purpose and intent.

(1)

The creation of the Blue Point Overlay District ("BPO") allows the Hudson Valley Wine Village property to be developed in such a way as to provide a maximum variety of housing types and densities, encourage job-supporting and tax-producing development, and increase the range of services and facilities available to serve the Town of Lloyd's present and future populations. The design guidelines set forth for each subdistrict are intended to provide clear and useful architectural standards for the building design, construction, review and approval of growth in the BPO. Additionally, these guidelines identify site planning, building design and landscaping requirements to ensure that new development is compatible with either the Town of Lloyd's vernacular architecture, the character of the "Tuscan Village" or the rural traditions of American architecture.

(2)

Sustainable design practices are strongly encouraged in each subdistrict throughout all phases of development. Incorporating the widespread establishment of green infrastructure and building practices in the design, construction and maintenance of buildings and site development will create a more-sustainable community. Such best practices are designed to use natural resources in a manner that enhances their usefulness for future generations, alleviate issues of stormwater management, enhance water quality and energy efficiency and generally promote the public health and welfare by enhancing the environmental and economic health or the Town. Specific sustainable design practices may include, without limitation, solar power and energy-efficient appliances, indoor and outdoor lighting, and building materials.

(3)

The intent of the BPO District is to:

(a)

Provide a unified and interconnected plan for development of the BPMF, BPC, BPI and GB-1 Districts using common design guidelines.

(b)

Promote tourism in the Town of Lloyd.

(c)

Maintain the Hudson River shoreline and the bluff above the river as important scenic resources.

(d)

Provide public access to vistas along the Hudson River.

(e)

Provide land for public and private recreation opportunities, including walking trails.

(f)

Preserve, adaptively reuse and provide access to the site's historic resources.

(g)

Provide a range of housing types and price levels to accommodate a variety of age and income groups and residential preferences.

(h)

Provide rental housing opportunities.

(i)

Promote sustainable design practices throughout all the phases of the development.

(j)

Provide for uses that result in employment and expand the tax base of the Town.

(k)

Respect and further the value of scenic areas of statewide significance, the Waterfront Bluff Overlay District and the local waterfront revitalization area.

(l)

Preserve open space, steep slopes and other environmentally sensitive resources.

Developments subject to site plan review.

(1)

The site plan review process provides a mechanism by which all new construction in the Blue Point Overlay District will be evaluated and individual projects are reviewed to ascertain adherence to the HVWV Conceptual Plan and the guidelines established herein. The site plan review process shall be in accordance with the procedure set forth at § 100-53F of the Town of Lloyd Code. In the event that the Planning Board finds that the site plan does not comply with the HVWV Conceptual Plan and the guidelines established herein, the applicant may apply to the Town Board for a change in the HVWV Conceptual Plan and the guidelines.

(2)

The following baseline thresholds for the development of residential units shall be followed by the Town Planning Board (and, as applicable, the Town Zoning Board of Appeals) in reviewing applications for site plan, subdivision or any other zoning approval within the BPOD. An applicant may apply for site plan and/or subdivision approval of 150 dwelling units within the BPOD prior to the construction of the hotel, commercial and industrial uses. Any application for site plan and/or subdivision review for housing units within the BPOD in excess of the 150 dwelling units will be contingent upon the construction and operation of the hotel/conference center and industrial uses. After the hotel and conference center are completed and operating, an applicant may apply for site plan and/or subdivision approval for up to 150 additional dwelling units within the BPOD. The applicant may apply for site plan and/or subdivision approval of an additional 1.5 dwelling units for each 1,000 square feet of industrial space constructed and operating up to a maximum for the entire BPOD of 800 dwelling units.

(3)

In order to track the status of the project and the applicant's compliance with the HVWV Conceptual Plan and baseline thresholds of overall development, for each site plan review application submitted during any phase of the HVWV project, the applicant will be required to provide:

(a)

The proposed site plans overlain on the Conceptual Plan and identifying disturbed areas;

(b)

A written conformity analysis explaining how the proposed project conforms with both the Conceptual Plan and the GEIS (this analysis should include, among other things, what developments have been completed to date); and

(c)

A table comparing the anticipated impacts from the proposed site plans to the thresholds.

Compliance with standards.

(1)

All Blue Point Overlay Districts and all buildings and uses within such districts shall be required to comply with the following specified design standards and requirements, in addition to the HVWV Conceptual Plan, except that the Town Board is hereby authorized to modify the standards with respect to individual buildings and lots within the BPO, as said Board deems appropriate. Such modifications must be adopted by local law and shall be consistent with the SEQRA statement of findings. In the event that a building or use is not in substantial compliance with the HVWV Conceptual Plan, the applicant must seek Town Board approval of the changes proposed to the HVWV Conceptual Plan.

(2)

No further SEQRA review will be necessary if a future action associated with the HVWV project is undertaken in conformance with the Conceptual Plan found at Figure 2.1.1 of Appendix D in the FGEIS (hereinafter referenced as the "Conceptual Plan") and baseline conditions and thresholds established in the FGEIS or the lead agency's findings statement. Of particular importance is the phasing for the Project that is set forth in the FGEIS at page 24: "To mitigate any potential disruption in the housing market, construction of the housing units will be phased in as construction of the hotel/conference center and industrial uses are completed as those uses are anticipated to create demand for the new housing. One hundred and fifty dwelling units may be built prior to the construction of the hotel, commercial and industrial uses. The construction of housing units in excess of the 150 dwelling units will be contingent upon the construction and operation of the hotel/conference center and industrial uses. After the hotel and conference center is completed and operating, 150 additional dwelling units are allowed. An additional 1.5 dwelling units will be permitted for each 1,000 square feet of industrial space constructed up to a maximum of 800 dwelling units."

Waivers. The Planning Board is granted the authority to waive up to 50% of the setbacks in the BPO District to provide flexibility in the design of the project consistent with the Conceptual Plan, so long as the Planning Board expressly determines that the exercise of the waiver is in the interest of the public health, safety and general welfare.

Subdistricts. The Blue Point Overlay District shall be divided into the following districts:

(1)

Blue Point Multifamily District (BPMF).

(a)

Purpose:

[1]

The Blue Point Multifamily District (BPMF) is intended to encourage flexibility and innovation in land use in regards to various styles of residential development. Through careful planning, such districts will provide for the best use of the site consistent with the goals of protecting and embracing the natural environment. At the same time, it is intended that projects within the BPMF District provide a compatible blending with surrounding developments, minimizing such negative impacts as land use conflicts, traffic congestion, and excessive demands on existing or proposed public facilities.

[2]

The clustering of homes and dwelling structures is encouraged within this district. In particular, any proposed single-family dwellings and structures are to be clustered together to the maximum extent possible. The purpose for this is to establish links to existing open space areas which exist throughout the BPOD.

(b)

Permitted uses and structures (*site plan approval required):

[1]

Single-family dwelling*.

[2]

Two-family dwellings.

[3]

Townhouse*.

[4]

Multifamily dwelling*.

[5]

Condominiums*.

[6]

Apartments*.

[7]

Home occupation — Class 1*.

[8]

Conservation areas.

[9]

Park, playground or other public recreation facility*.

[10]

Wildlife refuge.

[11]

Church or place of worship*.

Essential services*.

School, public*.

Agriculture.

Building structures and uses owned or operated for the purpose of the Blue Point Overlay District or any district within the BPO*.

(c)

Special use permit required (*site plan approval required):

[1]

Family home day care*.

[2]

Home occupation — Class II*.

[3]

Special uses for historic structures*.

[4]

Recreational business*.

Civic youth center*.

Club*.

Library or museum*.

School, private*.

Bed-and-Breakfast*.

Neighborhood commercial uses, subject to the conditions set forth at § 100-20E(1)(e)*.

(d)

Accessory uses and structures. These uses and structures shall be customarily and clearly incidental and subordinate to permitted principal uses and structures. These shall also be located on the same lot as the permitted principal use or structure, or on a contiguous lot in the same ownership.

[1]

Buildings and facilities which are reasonably necessary to meet the proper maintenance, administration, security, off-street parking, storage, fencing and utility system needs of the development.

[2]

Noncommercial greenhouses and plant nurseries.

[3]

Unattached private garages and carports.

[4]

Tool houses and garden sheds.

[5]

Children's play areas and play equipment intended directly for the use of the owners of the dwellings.

[6]

Swimming pools.

[7]

Gazebos and open structures provided for gathering.

[8]

Recreational and community assembly facilities intended for the primary use and convenience of the residents within the BPMF District and their guests.

[9]

Small public parks and playgrounds intended for the primary use and convenience of the residents within the BPMF District.

(e)

Upon review and approval by the Planning Board, neighborhood commercial uses may be permitted, subject to the following conditions:

[1]

No commercial uses will be permitted in the BPMF District within developments containing fewer than 200 dwelling units or within the BPMF District until the number of dwelling units is greater than 25% approved density.

[2]

All commercial uses must be designed as an integral part of the development; external advertising or other characteristics which would negatively alter the residential scenic quality, noise level, or traffic load shall not be permitted.

[3]

The commercial uses permitted within the BPMF shall not in the aggregate exceed more than 4% of the total floor area within such development; provided, further, that the maximum floor area devoted to any single activity shall not exceed 3,000 square feet.

(f)

General provisions.

[1]

The Town of Lloyd Code shall be followed for the design of stormwater management systems, off-street parking, emergency access, use of public spaces, vehicular circulation (both vehicular and bicycles), and signage. Additional standards are outlined within the design standard sections of the specific district guidelines.

[2]

The "complete street" model shall be used for roadway design. Consideration must be given to all users of the roadway: bicyclists, public transportation vehicles and riders, pedestrians, and vehicular traffic. Existing and future street connections are strongly recommended to create an interconnected street system that facilitates access to and from dwelling units in different parts of the tract and adjoining parcels. Culs-de-sac may be used where they are required by unique natural features on the site or they support greater open space conservation or provide pedestrian linkages.

[3]

Maximum density. The maximum number of dwelling units, not to exceed 800 units in the entire BPO, will, in the BPMF District, be computed by multiplying the net buildable acreage to be developed by 10, excluding any area to be developed as a commercial use (as shown on the HVWV Conceptual Plan approved by the Town Board).

[4]

The following regulations shall apply to any single-family development in the BPMF district:

[a]

All proposed single-family dwellings and structures are to be clustered together to the maximum extent possible, where appropriate, to ensure that the surrounding visual/natural environment is maintained as much as possible, to retain the quality and extent of view from adjacent public streets through the property to the Hudson River, to save open space, and to provide visual organization to the development. A cluster subdivision shall also comply with the requirements outlined within § 100-34, Conservation subdivision of the Code of the Town of Lloyd.

(g)

Characteristics. The following design standards shall apply for all developments within the BPMF District. These standards are in addition to any applicable standards from the design standards set forth below, the Town of Lloyd Zoning Code and/or Appendix A of the Zoning Code.

[1]

Architecture.

[a]

The building forms, materials, colors and character shall follow the standards established within the architectural design standards for the Blue Point Overlay District.

[b]

Spacing of structures.

[i]

The proposed location of all structures shall be in harmony with existing or prospective adjacent uses and to the existing or prospective development of the neighborhood.

[ii]

For multifamily dwellings and one-story accessory uses in more than one structure, there shall be a minimum distance between detached structures as follows:

[A]

One and two stories: 20 feet.

[B]

Three or more stories: 50 feet.

[c]

Site architecture shall not include any building facade exceeding 275 feet in length. Any large facade shall incorporate changes in plane and architectural features that give the appearance of several common-wall buildings.

[2]

Public open space.

[a]

It is encouraged that public open spaces be provided in all developments. Such spaces shall be landscaped and planted in a manner consistent with the guidelines posited for such installations elsewhere in these standards. In addition, where the development is adjacent to the trail system, a connector path/trail shall be provided.

[b]

Public open space must be for amenity or recreational purposes. The uses authorized for the public open space must be appropriated to the scale and character of the BPMF District considering its size, density, topography, and the number and type of dwelling units to be provided.

[c]

Amenities within public open spaces may include age-appropriate playground equipment, half basketball courts, picnic tables, gazebos, benches and other recreational activities characteristic to the scale and size of the public open space.

[d]

Outdoor recreation area shall consist of both active and passive recreation amenities, including, without limitation, patio areas, shaded sitting areas, and walking or jogging trails.

[e]

Maintenance of public open space.

[i]

All public open space shall be preserved for its intended purpose as expressed in the final BPMF plan. The developer shall choose one or a combination of the following methods of administering public open space.

[A]

Public dedication to the Town of the public open space. This method is subject to formal acceptance by the Town.

[B]

Establishment of an association or nonprofit corporation of all individuals or corporations owning property within the BPMF to ensure maintenance of all public open space. Such entity must be approved by the New York State Attorney General's office and the appropriate filings made with the New York State Attorney General's office.

[C]

Public dedication through a qualified land conservancy and/or trust which agrees to maintain the public open space or make arrangements for such maintenance, subject to the Town Board's approval.

[3]

Walkways, pedestrian circulation and multi-use trails.

[a]

Walkways. Safe and convenient pedestrian walkways shall be provided, as determined necessary by the Planning Board, to connect residential buildings, parking facilities, public and commercial facilities, school bus stops and recreation and public open space areas. Walkways shall be paved, level surfaces to allow walkers of all abilities to easily move about.

[b]

A pedestrian circulation system is required. Where practicable, the system and its related walkways shall be separated as completely as possible from the vehicular street system in order to provide separation of pedestrian and vehicular movement. This separation shall include, when deemed necessary by the Planning Board or Town Board, playgrounds, residential uses, and other neighborhood uses that generate a considerable amount of pedestrian traffic.

[c]

In addition, where the development is adjacent to the trail system, a connector path/trail shall be provided.

[4]

Dimensional and bulk regulation tables for multifamily and apartment-type dwelling units[1]:

Type		Requirement
Minimum lot area (square feet)		2,500
Minimum front yard setback (feet)		none
Minimum side yard setback (feet)		none
Minimum rear yard setback (feet)		none
Minimum frontage (feet)		150
Minimum lot width (feet)		150
Maximum building height (feet)		45 feet/3 stories matches height of the existing clock tower
Maximum building coverage		30%
Maximum lot area coverage		60%
Minimum landscaped area		35%
Maximum dwelling unit density		10 dwelling units/buildable acres
Minimum setbacks:
	From a residential use on adjoining property (feet)	101
	From edge of road right-of-way (feet)	15
	Edge of a Primary Conservation Area (feet)	100
	Edge of Secondary Conservation Area (feet)	50
	From edge of parking lot to building (feet)	20

[1]

Note: The Dimensional Table is included as an attachment to this chapter.

[5]

Dimensional and bulk regulation tables for single-family dwelling units on individual lots:

Type		Requirement
Minimum lot area (square feet)		8,000 (0.183 acres)
Minimum front yard setback (feet)		30
Minimum side yard setback (feet)		15
Minimum rear yard setback (feet)		50
Minimum frontage (feet)		85
Minimum lot width (feet)		85
Maximum building height (feet)		40 feet/3 stories
Maximum building coverage		30%
Maximum lot area coverage		60%
Minimum setbacks:
	From a residential use on adjoining property.	30
	From edge of road right-of-way (feet)	15
	Edge of a Primary Conservation Area (feet)	100
	Edge of Secondary Conservation Area (feet)	50

(h)

Design standards: multifamily housing (BPMF District).

[1]

Site planning.

[a]

Lot layout. Building placement and orientation shall be carefully designed to enhance its visual impact on the streetscape, retain natural site features, and conserve energy. Consistent setbacks from the street are strongly encouraged, where appropriate. Setbacks as they relate to private streets shall be in conformance with an agreed upon master plan for a private development. Accessory structure layout and placement shall be in accordance with the stated setback limits.

[b]

Grading and drainage.

[c]

Site grading should work with existing drainage patterns and landforms where and as possible, while providing subtle transitions of architectural elements to grade. Stepped structures are preferable to large cuts or fills and retaining walls.

[2]

Building design.

[a]

Building form.

[i]

Buildings of 40 feet or more in width should be visually divided into smaller increments to reduce their apparent size and contribute to a human-scale development. The mass of these buildings should be de-emphasized through architectural details such as divisions or breaks in form and detailing, materials, window bays, separate entrances and entry treatments, variation in rooflines, awnings, or the use of sections that may project or be recessed. It is encouraged, where the housing type permits, to identify individual unit entries, to reduce apparent size and to accentuate the notion of place.

[ii]

Stepped structures that follow the grading as much as possible, in lieu of large blank expanses of retaining walls or other structures, are encouraged to address grading requirements. Designs shall incorporate a "360-degree" approach to provide architectural detail and scale to all sides of buildings.

[iii]

The height of new buildings shall be consistent with that of neighboring buildings or the scheduled zoning requirement. One-story structures are discouraged for multifamily projects. Through the use of variations in building height, roofline and grade definition, the perceived height of the building can be effectively reduced, or thus be more integrated into its surroundings.

[b]

Roof forms.

[i]

The style of rooflines is important because roofs are a predominant visual element of a building. As such, the roofs shall be designed similarly to the vernacular architecture — typically front and side gables. Gable roofs may vary in pitch from 7:12 to 14:12. Roof pitches below 8:12 on main roofs are discouraged. Mansard roofs shall be avoided. Shed roofs are acceptable as secondary roofs but discouraged as main roofs, unless appropriate to the overall architectural style. The minimum pitch of shed roofs shall be 3:12. Flat roofs are discouraged unless mitigated through the use of parapets.

[ii]

Simple roof forms should be avoided as possible in favor of complex roof compositions. More-complex roofs consist of a main roof type that is dominant, with attached secondary roof types that are similar and lower than the main roof ridgeline. This approach will suggest an additive assemblage of building elements that is characteristic of larger buildings in rural communities. It will also help to reduce the appearance of the building's mass.

[iii]

Roof features such as cupolas, belfries, towers or similar structures shall be considered, where such features are historically accurate architectural elements. Dormers may take gable, hip or shed form, shall consist primarily of windows and shall cumulatively not exceed a majority of the overall roof length. Cornices, brackets, and overhanging caves are encouraged if appropriate to the style of the proposed design.

[iv]

Desirable roof materials include slate (either natural or man-made), shingle (either wood or asphalt composition) and metal formed to resemble "standing seams." Roof color shall be traditional, meaning that it shall be within the range of colors found on historic buildings in the Town and hamlet, or those traditionally used in rural American architecture in the region. The use of fascias, dormers and gables and other such building forms are encouraged to provide visual interest.

[c]

Windows and entries. Windows and other openings shall have proportions and a rhythm of solids to voids similar to historic buildings in the Town or of the style of the architecture that is being employed.

[d]

Materials and colors.

[i]

Traditional building materials shall be used whenever possible for new construction. These include wood siding (clapboard, shiplap, board and batten, and shingle), native stone (fieldstone), and stucco or brick of a shape, color and texture similar to that found in the historic buildings in the Town and hamlet or in the "Tuscan Village." HardiPlank or similar cement siding, aluminum siding, corrugated metal, vinyl siding, plastic, EIFS or fiberglass siding is acceptable if detailed in a manner rendering it compatible with the traditional approach posited and with the historic buildings of the Town, hamlet and Tuscan Village.

[ii]

Colors used for exterior surfaces shall be harmonious with surrounding development and shall visually reflect the traditional colors of historic structures in the Town and hamlet, the "Tuscan Village" and those utilized in traditional buildings constructed in rural locations in the Hudson Valley. Bold colors that are visible as primary building colors are discouraged when visible in summer months from either the Hudson River or from Route 9W.

[e]

Fences and screening. Where fencing and walls are essential, these elements shall be designed to be as low as practicable to complement the architecture of the project and shall be landscaped and screened from the public right-of-way. Each district shall provide reasonable visual and acoustical privacy. Tall blank walls adjacent to the roadway are not permitted. Pilasters, caps and/or other articulations shall be used to enhance appearance and break down the scale of such elements. Walls shall be stepped to follow terrain.

(2)

Blue Point Commercial District (BPC).

(a)

Purpose:

[1]

The Blue Point Commercial District (BPC) as part of the Blue Point Overlay District is the cultural, commercial and tourism hub of the district. The enhancement and the preservation of the existing character of the buildings/structures will be an essential element of this new community, along with integrated new construction.

[2]

To encourage and promote the most attractive and economic development of the land which, under the appropriate conditions, would include a mixture of designated land uses and encourage job-supporting and tax-producing new development in accordance with the outlined design standards.

[3]

To attract regional tourists and expand the local economy, in recognition of the tourists/visitors who spend the night in a community and who contribute more to the economy than those who just pass through.

[4]

To support the vision outlined in the Town of Lloyd's Comprehensive Plan, which includes capitalizing on the Town's location near major, existing and regional tourism attractions.

[5]

To provide methods for compatibility of tourist and resort uses with surrounding agricultural and recreational uses, where applicable, and recognizing that such recreational uses, based upon enjoyment of nature and open space, can coexist with nearby agricultural and commercial uses.

(b)

Allowable uses within the Blue Point Commercial District (BPC) shall be as follows, subject to site plan approval by the Town of Lloyd Planning Board:

[1]

Craft or artist workshops and studios.

[2]

Professional offices.

[3]

Retail businesses.

[4]

Service businesses.

[5]

Medical or dental clinic or group offices.

[6]

Museums.

[7]

Tourism and recreational resorts:

Hotels.

Lodging facilities.

Conference centers.

Spa facilities/health clubs.

[e]

Restaurants and other places for serving food and beverages.

[8]

Work/live establishments.

[9]

Essential services.

[10]

Park, playground or other public recreation facility.

[11]

Day-care center.

[12]

Recreational business.

[13]

Telecommunications facilities, co-location on structures subject to the additional requirements set forth in § 100-39.

(c)

A special use permit shall be required for the following uses within the BPC District, subject to site plan review and approval by the Town of Lloyd Planning Board:

[1]

Two-family dwelling.

[2]

Townhouse.

[3]

Multifamily dwelling.

[4]

Condominiums.

[5]

Apartments.

[6]

Church or place of worship.

[7]

School, private.

[8]

School, public.

[9]

Colleges and universities.

[10]

Dormitories and associated dining facilities.

[11]

Club.

(d)

General Provisions.

[1]

The design standards, set forth at the end of this section, of the new structures shall be appropriately integrated within the current fabric of the former Winery Compound (the "Tuscan Village").

[2]

Pertinent provisions of the Town Code shall be followed for the design of stormwater management systems, off-street parking, emergency access, use of public spaces, vehicular circulation (both vehicular and bicycles), and signage. Additional standards are outlined within the respective sections of the specific district guidelines.

[3]

The goal of the "Tuscan Village" shall be to create an environment characterized by a mixture of commercial office and mercantile uses as well as work/live uses and shall contain shared outdoor spaces.

[4]

Ground floors shall primarily contain active and public accessible uses.

[5]

Buildings will be located on small lots with small or nonexistent front, side and rear yard setbacks, or as required to establish an orderly and coordinated redevelopment of the "Tuscan Village."

[6]

Apartments in the "Tuscan Village."

[a]

Apartments shall not be located on the first/primary level of the building.

[b]

Each and every apartment or work/live unit shall contain all services for safe and convenient habitation in meeting the New York State Fire, Building, Health and Environmental Codes.

[c]

Each habitable area/apartment shall be at least 500 square feet.

[d]

Each apartment shall be a separate dwelling unit and shall include such provisions for complete living, including sanitary and sleeping facilities for year-round use by one tenant.

[e]

Each apartment shall have off-street parking in accordance with the respective regulations indicated in the Town of Lloyd Code. Shared parking may be allowed if approved by the Town of Lloyd Planning Board.

(e)

Characteristics.

[1]

Architecture.

[a]

The adaptive reuse of the existing buildings of the "Tuscan Village" is strongly encouraged where practicable. This shall refer to an existing building being rehabilitated or converted to a new use while preserving and saving the unique features of the building that have historic and /or aesthetic value as well as physical integrity. It is therefore required, as a condition of approval for any development project that includes the demolition of an existing "Tuscan Village" structure, that such project demonstrate the unsuitability of the subject building for the new proposed uses. Such proof shall take the form of an assessment of the physical condition of the building, a cost/benefit analysis of renovation versus replacement, and a general analysis of the suitability of the existing structure for the proposed use and providing reason for the logic regarding its replacement. It is understood that some of the existing structures within the Village may have outlived their useful life.

[b]

Where new structures are proposed, such structures shall be appropriately integrated within the current fabric of the "Tuscan Village." The building forms, materials, colors and character shall follow the design standards established herein.

[c]

The intention is to create an architecturally coherent development in which all building design within the district integrates with the existing historic character of the "Tuscan Village." This will include, but will not be limited to, building orientation, fenestration, building materials, height and rooflines, but all new buildings may exhibit a variety of consistent styles.

[2]

Walkways, pedestrian circulation and multiuse trails.

[a]

[b]

[c]

In addition, where the development is adjacent to the trail system, a connector path/trail shall be provided.

(f)

Dimensional and bulk requirements[2]:

Type		Requirement
Minimum Lot Area (square feet)		2,500
Minimum front yard setback (feet)		10
Minimum side yard setback (feet)		0
Minimum rear yard setback (feet)		10
Minimum frontage (feet)		25
Minimum lot width (feet)		25
Maximum building height (feet)		3 stories/45 (height of existing clock tower)
Maximum lot area coverage		70%
Minimum setbacks:
	From a residential use on adjoining property (feet)	101
	From edge of road right-of-way (feet)	15
	Edge of a Primary Conservation Area (feet)	100
	Edge of Secondary Conservation Area (feet)	50
	From edge of parking lot to building (feet)	20

[2]

Note: The Dimensional Table is included as an attachment to this chapter.

(g)

The dimensional and bulk requirements for multifamily building uses that are part of the Blue Point Commercial District shall follow the requirements within the BPMF District.

[1]

Maximum density. The maximum number of dwelling units, not to exceed 800 units in the entire BPO, will, in the BPC District, be computed by multiplying the net buildable acreage to be developed by 10, excluding any area to be developed as a commercial use (as shown on the HVWV Conceptual Plan approved by the Town Board).

[2]

The maximum area of the BPC District that can be allocated to multifamily residential use is 30% of the buildable area in the district.

(h)

Design standards: commercial, office, and institutional developments (BPC).

[1]

Site planning.

[a]

Lot layout. Building placement and orientation shall be carefully designed to enhance its visual impact on the streetscape, retain natural site features, create and frame views of the Hudson River, conceal and screen the view of the building from the Hudson River where applicable, and conserve energy. Consistent setbacks from the street are strongly encouraged, where appropriate. Setbacks as they relate to private streets shall be in conformance with an agreed-upon master plan for a private development.

[b]

Project entry and character. Site amenities, entries, and features shall be coordinated to complement one another and reinforce the character and themes established by the building architecture.

[c]

Grading and drainage. Site grading shall work with existing drainage patterns and landforms where and as possible, while providing subtle transitions of architectural elements to grade. Stepped structures are preferable to large cuts or fills and retaining walls.

[d]

Public open space. It is encouraged that public open spaces be provided in all developments. Such spaces shall be landscaped and planted in a manner consistent with those posited for such installations elsewhere in these standards. Public open spaces can be used to provide interconnectivity to community buildings established for the development. In turn, the buildings within the development can be clustered in a manner to assist in the creation and definition of the public open spaces. Where the development is adjacent to the trail system, a connector path/trail shall be provided.

[2]

Building design.

[a]

Building form/articulation/human scale. Developments shall be compatible with the historic traditions of the Town of Lloyd and those posited in these standards. In addition, each development shall maintain a cohesive architectural style, and individual buildings added subsequently shall be designed to harmonize with the established theme. Large buildings shall be articulated to break down the perceived mass. This can be accomplished through the use of changes in the exterior materials to manipulate and break down these long buildings. The use of tower elements, cupolas, arcades, and traditional trim elements is encouraged to provide scale and enliven facades. Lastly, the structures need to be integrated with the natural elements of the site to effectively reduce the height of the building.

[b]

Roof forms. Flat roofs are permitted, and the use of parapets and/or mansard overbuilds are encouraged to provide stylistic linkage to the overall traditional character that is the standard. Rooftop equipment shall be screened from view.

[c]

Windows and entries. Windows and other openings shall have proportions and a rhythm of solids to voids similar to historic buildings in the Town, the Tuscan Village or of the style of the architecture that is being employed.

[d]

Building materials/colors.

[i]

[ii]

(3)

Blue Point Industrial District (BPI).

(a)

Purpose.

[1]

The Blue Point Industrial District (BPI) is configured to accommodate 450,000 square feet of built space for the manufacturing, assembly, treatment, processing, packaging and storage of a wide range of products that do not generate objectionable levels of smoke, noise, dust, odor, glare, or vibration beyond the district boundaries.

[2]

The public approaches to this district shall be sufficiently landscaped and screened to limit the visual impact of the industrial uses therein. The defined building setbacks and other bulk requirements, as well as defined architectural standards, will also limit this impact.

[3]

It is intended that development in this district will have a limited impact on the environment and that such impact shall be contained within the district. Therefore, the impact on the neighboring properties and the other zoning districts within the Blue Point Overlay District will also be limited.

[4]

Design standards relative to architecture, parking, vehicular and pedestrian circulation, access, lighting and signage shall be used to regulate and to arrange to improve negative aesthetic and traffic impacts.

(b)

Allowable uses within the Blue Point Industrial District (BPI) shall be as follows, subject to site plan approval by the Town of Lloyd Planning Board:

[1]

Light industrial and industrial parks.

Professional office.

Bakeries, wholesale.

Health club.

Indoor and outdoor recreation.

[6]

Restaurants.

[7]

Essential services.

[8]

Telecommunications facilities, co-location on structures subject to the additional requirements set forth in § 100-39.

(c)

A special use permit shall be required for the following uses within the BPI District, subject to site plan review and approval by the Town of Lloyd Planning Board:

[1]

School, private.

[2]

School, public.

[3]

Colleges and universities.

[4]

Dormitories and associated dining facilities.

(d)

General provisions.

[1]

The Town of Lloyd Code shall be followed for the design of stormwater management systems, off-street parking, emergency access, use of public spaces, vehicular circulation (both vehicular and bicycles), site lighting, and signage. Additional standards are outlined within the design standards sections of the specific district guidelines.

[2]

Outdoor storage of goods, wares or merchandise for wholesale purposes or in connection with the operation of a business allowed in this zoning district shall be subjected to the setback requirements of this section, as well as all landscaping and screening regulations.

[3]

The methods to be followed to encourage uses for the Blue Point Industrial District shall comply with the guidelines established within the 2013 Comprehensive Plan for the Town of Lloyd, Chapter 8, Section 8.2 — Attract Light Industry.

(e)

Characteristics. The intention is to create an architecturally coherent development in which the building design integrates with the other aspects of the development, including the landscaping, site topography, parking lot design, open space and the architectural character of the surrounding area. In addition to the design standards set forth in the next section, the Blue Point Industrial District shall be subjected to the following design requirements:

[1]

Architecture.

[a]

The building forms, materials, colors and character shall follow the design standards set forth herein.

[2]

Walkways, pedestrian circulation and multi-use trails.

[a]

[b]

[c]

In addition, where the development is adjacent to the trail system, a connector path/trail shall be provided.

(f)

Dimensional and bulk requirements[3]:

Type		Requirement
Minimum lot area (square feet)		43,560 (1 acre)
Minimum front yard setback (feet)		25
Minimum side yard setback (feet)		35
Minimum rear yard setback (feet)		25
Minimum frontage (feet)		150
Minimum lot width (feet)		150
Maximum building height (feet)		45
Maximum lot area coverage		90%
Minimum setbacks:
	From a residential use on adjoining property (feet)	101
	From edge of road right-of-way (feet)	50
	Edge of a Primary Conservation Area (feet)	100
	Edge of Secondary Conservation Area (feet)	20

[3]

Note: The Dimensional Table is included as an attachment to this chapter.

(g)

Design standards: light industrial developments (BPI).

[1]

Site planning.

[a]

Lot layout. Development projects of this type shall follow the lot layout guidelines stated in the BPC District design standards for commercial developments.

[b]

Project entry. Development projects of this type shall follow the project entry guidelines stated in the BPC District design standards for commercial developments.

[c]

[d]

Public open space. It is encouraged that public open spaces be provided in all developments. Such spaces shall be landscaped and planted in a manner consistent with those posited for such installations elsewhere in these standards. Where the development is adjacent to the trail system, a connector path/trail shall be provided.

[2]

Building design.

[a]

Building form/building character. It is understood that full adherence to the general architectural standards here outlined is not practicable for these type buildings given their possible functions. Nevertheless, these basic guidelines can be followed to mitigate the appearance of these "big boxes." Large expanses of blank, unarticulated wall surface are discouraged. The use of scale-giving elements and building articulation is encouraged, as is the application of an "image zone" (a defined area on a given building with more architectural detail) for the sides of all buildings facing a public way.

[b]

Roof forms. Flat roofs are permitted, and the use of parapets and/or mansard overbuilds is encouraged to provide stylistic linkage to the overall traditional character that is the standard. Rooftop equipment shall be screened from view.

[c]

Windows and entries. Windows and entries shall be proportioned to be in keeping with the overall traditional character intended. The use of "faux" or backlighted windows is encouraged where actual vision glazing would not be appropriate, to add scale elements to large expanses of otherwise blank walls.

[d]

Building materials/colors.

[i]

Traditional building materials shall be used whenever possible for new construction. However, materials such as concrete block, concrete panels or metals of all types may be more appropriate for industrial uses and are therefore permitted. If non-traditional materials are used, the guidelines posited elsewhere in these standards are to be applied.

[ii]

Colors used for exterior surfaces shall be harmonious with surrounding development and shall visually reflect the traditional colors of historic structures in the Town and hamlet, the "Tuscan Village" and those utilized in traditional building construction in rural locations in the Hudson Valley. Bold colors that are visible as primary building colors are discouraged when visible in summer months from either the Hudson River or from Route 9W.

(4)

General Business - 1 District (GB-1).

(a)

Purpose.

[1]

The purpose of the General Business - 1 District (GB-1) is to provide a variety of shopping and commercial facilities for adjacent residential areas and the community at large. The regulations are designed to limit the size of the business and the commercial facilities to a scale that is in keeping with the character of nearby residential districts while allowing a greater variety of business uses.

[2]

The GB-1 District is designed to provide for commercial/office establishments that typically require direct auto access to and visibility from a major arterial road or state/county highway.

[3]

It is intended that development in this district will have a limited impact on the environment and that such impact be contained within the district. Therefore, the impact on the neighboring properties and the other zoning districts within the Blue Point Overlay District will also be limited.

[4]

(b)

Allowable uses within the General Business - 1 District (GB-1) shall be as follows, subject to site plan approval by the Town of Lloyd Planning Board:

[1]

Bank.

[2]

Convenience store.

[3]

Greenhouses and nursery.

[4]

Office.

[5]

Restaurant, with/without a drive-through.

Retail business.

Service business.

Essential services.

Telecommunications facilities, co-location on structures subject to the additional requirements set forth in § 100-39.

[10]

Church or place of worship.

(c)

A special use permit shall be required for the following uses within the GB-1 District, subject to site plan review and approval by the Town of Lloyd Planning Board:

[1]

Two-family dwelling.

[2]

Townhouse.

[3]

Multifamily dwelling.

Apartments.

Condominiums.

Day-care center.

Motor vehicle sales.

Motor vehicle service station and repair shop.

[9]

Veterinary office or animal hospital.

(d)

General provisions.

[1]

The Town of Lloyd Zoning Code shall be followed for the design of stormwater management systems, off-street parking, emergency access, use of public spaces, vehicular circulation (both vehicular and bicycles), site lighting, and signage. Additional standards are outlined within the respective sections of the specific district guidelines.

[2]

Outdoor storage of goods, wares or merchandise for wholesale purposes or in connection with the operation of a business allowed in this zoning district shall be subjected in all respects to the setback requirements of this section as well as all landscaping and screening regulations.

[3]

The alternative solutions to strip mall development shall comply with the guidelines established within the 2013 Comprehensive Plan for the Town of Lloyd, Chapter 8, Section 8.3 — Investigate and Consider Alternates to Typical Modern Highway-Oriented Development Such as Strip Malls and Commercial Plazas.

(e)

Characteristics/design standards.

[1]

The intention is to create an architecturally coherent development in which the building design integrates with the other aspects of the development, including the landscaping, site topography, parking lot design, open space and the architectural character of the surrounding area. The GB-1 District shall be subject to the same design standards as set forth in the BPC District and additionally to the following requirements:

[a]

Architecture. The building forms, materials, colors and character shall follow the standards established within the architectural standards for the Blue Point Overlay District.

[b]

Walkways, pedestrian circulation and multi-use trails.

[i]

[ii]

[iii]

In addition, where the development is adjacent to the trail system, a connector path/trail shall be provided.

(f)

Dimensional and bulk requirements[4]:

Type		Requirement
Minimum lot area (square feet)		15,000
Minimum front yard setback (feet)		none
Minimum side yard setback (feet)		20
Minimum rear yard setback (feet)		25
Minimum frontage (feet)		75
Minimum lot width (feet)		75
Maximum building height (feet)		35
Maximum lot area coverage		40%
Minimum setbacks:
	From a residential use on adjoining property (feet)	101
	From edge of road right-of-way (feet)	15
	Edge of a Primary Conservation Area (feet)	100
	Edge of Secondary Conservation Area (feet)	50
	From edge of parking lot to building (feet)	10

[4]

Note: The Dimensional Table is included as an attachment to this chapter.

(g)

The dimensional and bulk requirements for multifamily building uses that are part of the General Business - 1 District shall follow the requirements within the BPMF District.

[1]

Maximum density. The maximum number of dwelling units, not to exceed 800 units in the entire BPO, will, in the GB-1 District be computed by multiplying the net buildable acreage to be developed by 10, excluding any area to be developed as a commercial use (as shown on the HVWV Conceptual Plan approved by the Town Board).

[2]

The maximum area of the GB - 1 District that can be allocated to multifamily residential use is 30% of the total district area.

Landscaping. The following landscape design standards shall apply to the entire Blue Point Overlay District:

(1)

Landscaping shall provide visual interest in all four seasons by including deciduous trees, conifers, shrubs, perennials and bulbs. Landscape plans that are limited to deciduous trees and shrubs leave a barren winter landscape that fails to screen the development from the roadway and from neighboring properties. Appropriate plants shall be included in the landscaping plan to provide an attractive visual landscape throughout the year.

(2)

The use of native plant materials is strongly recommended as a means to reduce maintenance and create plantings that will blend with the rural character of the Town's open spaces. Site conditions shall be carefully considered when selecting species. Trees and vegetation that are not sited properly will inevitably be short-lived. Although native plants shall be used in all natural areas, including stream corridors, forests and hedgerow renovations, nonnative plants may be used in moderation in other areas, provided they are disease-resistant and are not invasive. Lists of invasive plants to be avoided can be found in publications from the United States Department of Agriculture (USDA) or other sources.

(3)

Landscaping shall be planted in natural clusters using varied plant material to create a natural appearance but shall not introduce a formal or monotonous appearance that is unnatural to the rural environment. Landscaping plans shall include a variety of species planted randomly on the advice of a landscape professional.

(4)

Landscaping shall be designed to maximize energy conservation. Deciduous trees shall be planted to shade southern and southwestern exposures during the summer. Evergreens shall be planted on northerly and northwesterly exposures to help break cold, northerly winds in the winter.

(5)

The landscaping of a site shall: blend in with the prevailing scale, appearance and neighboring uses; or effectively screen the development from its neighbors, as appropriate; and complement and enhance the buildings, rather than just screen unappealing site elements.

(6)

Where buffers are designed with earthen berms, the berms shall emulate natural landforms of local terrain and shall be as wide as the mature branch spread of the tree species planted on them.

(7)

Protect the open space system. If appropriate, link the natural open space system to the on-site landscaping plan by using native species and low-maintenance plants as much as possible. Arrange on-site open space so that it works as part of the system rather than only as a percentage of lot size, including a social and leisurely setting for visitors.

(8)

Buffering.

(a)

One of Lloyd's main attractions for visitors and residents is the rural environment and open farm fields. Since newcomers are frequently unaware of the intensity of agricultural activities, including odors and dust, vegetative buffers shall be provided along the periphery of the development to separate it from adjacent agricultural uses.

(b)

Riparian buffers along streams shall be provided to protect water quality and wildlife habitat. Riparian buffers are vegetated areas adjacent to the stream banks, which are an effective means of trapping sediments and pollutants that would otherwise run off the land and into the water. Buffers contribute to wildlife habitat diversity and provide needed shade to moderate stream temperatures necessary to support fisheries.

(9)

Street trees.

(a)

Trees have traditionally been used in Lloyd to define the edges of both rural roads and hamlet streets, providing windbreaks for farmland and shade for sidewalks. In general, all streets and roads shall be lined with trees unless important scenic views would be obstructed. Trees enhance the value of property, moderate temperatures, provide wildlife habitat, cleanse the air, and reduce noise.

(b)

Trees shall be placed close to the road and to each other to create a park-like canopy and to help to slow traffic by narrowing the field of vision.

(10)

Street trees - commercial areas.

(a)

Street trees along a main commercial street make sidewalks seem more welcoming and more walkable. Trees shall be placed between the sidewalk and curb to form a protective row that makes pedestrians feel safely separated from traffic. Trees shall be spaced close together: 20 to 30 feet in areas with slow speed limits and farther apart (30 to 40 feet) and slightly back from the road in higher-speed situations.

(b)

Street trees shall be hardy varieties, salt and drought-resistant, free of droppings that mar sidewalks and cars, and tall enough to frame the street and not block the view of storefronts. Good choices for commercial projects that are known to be suitable for use in southeastern New York State include but are not limited to:

Pin oak.

Red oak.

Chinese elm.

Ginko biloba.

London plane tree.

Drainage and erosion control. The design of drainage features, such as catch basins, swales, and collection ponds, shall be treated as elements of the sites landscape plan and modeled upon the characteristics of naturally occurring ponds and streams on the site. The size and shape of drainage basins shall resemble the environment around them and blend with the landscape. Any stormwater basins located along road frontages or in view of public places shall be designed to resemble farm ponds, with extensive landscaping and/or fencing around them. Native plant materials suited to pond and stream bank environments shall be used to control erosion and create a natural appearance.

(12)

Maintenance. Landscaping plantings shall be maintained throughout the life of the development. The selection of native plantings and the consideration of siting conditions will greatly reduce maintenance requirements.

§ 100-21 Stream Corridor Overlay District.

Findings and purpose. The Town of Lloyd finds that special protection of the Town's stream corridors is necessary to preserve their scenic character, biodiversity, physical features and water quality. The purpose of this section is to regulate land uses within stream corridors; to protect water quality, scenic resources and the overall appearance of the community; and to reduce the risk of damage from flooding and other natural occurrences. As such, the creation of this Stream Corridor Overlay (SC-O) District is more specifically to provide protection of stream channels, flood-prone and adjacent areas; to control stream flows to keep downstream properties from flooding; to provide source control that will reduce runoff and sediment transport from upstream properties; and to control land clearing of areas where flooding and erosion hazards could occur.

Boundaries.

(1)

The SC-O District includes all land lying within 100 feet of the top of bank on each side of the following watercourses:

(a)

The south branch of the Twaalfskill Creek (H-116) from Chapel Hill Road through Shantz's Pond, thence through the Hamlet of Highland to the Hudson River, except as noted in Subsection B(2) below.

(b)

The north branch of the Twaalfskill Creek (H-116) from Route 9W through and across Clearwater Road, along Grand Street and south to its connection to the south branch of the Twaalfskill Creek.

(c)

Mile Hill Creek (H-115) from Bridgeview Shopping Plaza to the Hudson River.

(d)

Reservoir Creek from the water treatment facilities on Illinois Mountain through Pratt Mills Pond to its intercept with the north branch of the Twaalfskill Creek.

(e)

The stream between Lily Lake and Marx Pond, including the outlet of Marx Pond 1,500 feet downstream of the pond.

(f)

Black Creek (full length within the Town of Lloyd).

(g)

Swartekill along North Eltings Corner Road.

(2)

The SC-O District along the south branch of the Twaalfskill within the Hamlet of Highland between Shantz's Pond and Bellevue Road includes only those parcels bordering the Twaalfskill. Parcels not bordering the Twaalfskill within this reach are not included in the SC-O District.

(3)

Where there is no clearly defined bank, the District boundary shall be measured from the one-hundred-year flood elevation of the stream.

Regulatory effect on land uses. Within the SC-O District, all of the underlying land use district rules remain in effect, except as they are specifically modified by this section.

Setbacks. Within the SC-O District, no structures shall be located within 100 feet of the top of the bank of a watercourse or within 50 feet of the one-hundred-year flood elevation when there is no clearly defined bank except for those structures approved by the Planning Board after site plan review. This setback shall not apply to docks, piers, bridges and other structures which by their nature must be located on, adjacent to or over the watercourse. For purposes of defining setbacks, measurements shall be horizontal distances measured from the top of bank or one-hundred-year flood elevation, as appropriate. For lots in existence as of the effective date of this Zoning Law and for any project for which an environmental impact statement has been prepared, the Planning Board may modify these setback requirements, provided that the Planning Board finds that the proposed construction will comply with Subsection E(3) below.

[Amended 6-8-2011 by L.L. No. 2-2011]

Site plan approval requirement:

(1)

Within the SC-O District, site plan approval shall be required for the following:

(a)

Construction of any structure greater than 500 square feet in footprint area.

(b)

Within any one-year period:

[1]

Filling or excavation of an area in excess of 5,000 square feet.

[2]

Clear-cutting of more than 5,000 square feet of vegetation on any parcel.

[3]

Grading or other alteration of more than 5,000 square feet of the natural landscape.

(2)

Within the SC-O District, the site plan approval requirement shall not apply to:

(a)

Agriculture uses.

(b)

Repair and maintenance of existing structures.

(c)

Activities carried out pursuant to a site plan or special use permit approved prior to the enactment of this section and still in effect.

(3)

Within the SC-O District, the Planning Board may grant site plan approval only if it finds that, with appropriate conditions attached, the proposed activity:

(a)

Will not result in degradation of scenic character and will be aesthetically compatible with its surroundings.

(b)

Will not result in erosion or stream pollution from surface or subsurface runoff. In making such determination, the Planning Board shall consider slope stability, drainage patterns, water entry points, soil erosivity, depth of bedrock, high water table and other relevant factors. The safety factor for any type of slope failure under saturated soil conditions shall be 2.0 minimum.

(c)

Will comply with other applicable provisions of this chapter.

(4)

If a special permit, site plan, variance or subdivision approval is required in connection with a project subject to this section, the requirements of this section shall be considered in such proceeding, and no separate site plan approval shall be required.

Enforcement. These provisions shall be applied by the Planning Board during site plan review and shall be enforced by the Town of Lloyd Building Department during and after construction. Unless otherwise mandated or allowed, landowners will be required to maintain stream channels, floodways, embankments, wetlands and adjacent areas located on their property in accordance with the purpose and requirements of this section.

§ 100-22 Tourism/Recreational Resort Floating District.

Findings and purpose. The Town of Lloyd finds that recreational tourism implements the goals of the Town of Lloyd Comprehensive Plan by providing large-scale recreational amenities to local residents and enhancing the local economy without exclusive reliance on retail shopping. The purposes of the Tourism/Recreational Resort Floating District (hereafter the TRR-F District) include the following, without limitation:

(1)

To implement the Town's Comprehensive Plan, which contains the goals of capitalizing on the Town's location near major existing regional tourism attractions, such as Mohonk Preserve, Minnewaska State Park, the Catskill Mountains, the Appalachian Trail, West Point, the Franklin D. Roosevelt and Eleanor Roosevelt National Historic Sites, Vanderbilt Mansion National Historic Site, and the Kingston Rondout; and further encouraging establishment of the Town of Lloyd as a tourist destination.

(2)

To attract regional tourists and expand the local economy, in recognition that tourist visitors who spend the night in a community contribute proportionately more to the local economy than those who just pass through, as noted by the Comprehensive Plan.

(3)

To enhance provision of large-scale recreational services and amenities to local and regional residents.

(4)

To encourage the siting of such uses in the area located within a three-mile radius of the interchange of the New York State Thruway and Route 299, or along any New York State road, so that traffic impacts on local roads will be minimized.

(5)

To provide methods of providing compatibility of tourist recreation resort uses with surrounding agricultural uses, where applicable, and recognizing that recreational uses based upon enjoyment of nature and open space can coexist with nearby agricultural uses.

Applicability. The TRR-F District shall be a floating zone which may be established: within a three-mile radius to the intersection of the New York State Thruway and Route 299 upon petition by a property owner and approval by the Town Board. Within this floating district, the establishment of a tourism/recreational resort shall be permitted only upon the issuance of a special permit by the Town Board, based upon the standards set forth herein, and site plan approval by the Planning Board.

Special permit criteria. The Town Board may issue a special permit to authorize the establishment and operation of a tourism/recreational resort for property located within the TRR-F District, upon a finding that the following standards have been met:

(1)

Location. Property must be located within three miles of the intersection of the New York State Thruway and Route 299 or along any New York State road.

(2)

Nature of recreational use. The Town Board shall find that the proposed recreational use, and the manner of its operation, will benefit the region and the local community by providing needed recreational services or opportunities.

(3)

Vehicular access. Vehicular access from the Thruway interchange to the site shall be provided over public road(s) suitably improved to handle the anticipated traffic volumes created by the proposed development.

(4)

Minimum parcel size: 30 acres.

(5)

Required open space buffer toward existing residential or agricultural uses. An open space buffer shall be provided within 100 feet of any property line abutting developed residential or agricultural property. This open space buffer may be wooded or open and may contain pedestrian or bicycle recreation trails, unless adjacent to lands in agricultural use. The Planning Board may approve parking within 50 feet of a boundary, provided that sufficient landscape screening is provided as part of the site plan.

(6)

Off-street parking and loading requirements. Off-street parking and loading facilities for any uses or structures in a tourist/recreational resort shall be provided in accordance with § 100-29. Parking areas shall be broken up to avoid the appearance of significant expanses of impervious surfaces and shall be landscaped.

(7)

Lighting. All outdoor lighting shall comply with the provisions of § 100-27 of this chapter.

(8)

Additional site development standards. In addition to the standards set forth in this section, the applicant shall also comply with the appropriate design, site plan and performance standards of this chapter and the site plan regulations of Article VIII. However, where a conflict exists between the development standards in this section and any of the above, the standards in this section shall prevail.

(9)

Project phasing. If the project is to be phased, then a phasing plan shall be submitted and approved as part of the site plan application.

(10)

Emergency services. The Planning Board, as a condition of approval, may require the applicant to supplement emergency service protection, including the provision of on-site facilities, provision of private security or other private emergency services, if it is demonstrated that existing services, facilities or equipment is inadequate to properly provide emergency protection.

(11)

Additional standards if property is within the A (Agricultural) Zoning District. The Town Board recognizes that some of the property located within three miles of the Thruway/299 interchange is located within the Agricultural District, some of which land is also within the AB-O District. In order to harmonize the purposes of the TRR-F District with the purposes of supporting nearby agricultural uses, the Town Board shall assure that the proposed tourism/recreational resort use will not produce noise, light, or similar impacts adversely impacting adjoining farm uses, and may explore any of the following measures, where practicable, in review of a tourism/recreational resort:

(a)

Siting buildings and/or outdoor activities in the TRR-F as far as reasonably possible from farm activities on any adjoining farm where activities would be in conflict.

(b)

Encouraging grants of easements to adjoining farm owners for continued agricultural uses on the TRR-F property.

(c)

Placement of supplemental landscaping, as required, to provide any needed additional buffering between TRR-F buildings or activities and adjoining farm operations.

(d)

Use of architecture and site design (including setbacks, building placement) to maximize compatibility with views of adjacent farmlands and avoid impacts to visually prominent agricultural landscape features.

(e)

Siting of access roads to minimize impact on use of adjoining agricultural land, while maintaining maximum proximity to the Thruway/Route 299 interchange.

(f)

The establishment of vegetative buffers to screen the adjacent agricultural property from the recreational use.

§ 100-23 Planned Unit Development District.

Purpose. In order to meet the objectives of this chapter and to encourage and promote the most attractive and economic development of land which under appropriate conditions may include a mixture of land use types not otherwise permitted, to provide a maximum variety of housing types and densities in convenient locations within the Town, to encourage job-supporting and tax-producing new development planned in accordance with modern planning standards, to protect the quality and property values of existing development, to increase the range of services and facilities available to serve the Town's present and future population and to otherwise promote and enhance the public health, safety and general welfare, the following provisions with regard to Planned Unit Development Districts are adopted:

[Amended 9-8-2010 by L.L. No. 13-2010]

Establishment. A Planned Unit Development District may be established by the Town Board either on its own motion or as a result of a petition from the owner or owners of property complying with the standards and requirements set forth in this chapter for Planned Unit Development Districts.

Application; review; public hearing; action. Application, review, public hearing and action with respect to the establishment of a Planned Unit Development District shall be as follows.

Considerations. In determining whether exceptions to district standards should be allowed, particularly as regards the intensity of land use, the Town Board shall consider the following factors.

(1)

The need for the proposed land use in the proposed location.

(2)

The availability and adequacy of water service.

(3)

The availability and adequacy of sewer service.

(4)

The availability and adequacy of transportation systems, including the impact on the road network.

(5)

The pedestrian circulation and open space in relation to structures.

(6)

The character of the neighborhood in which the PUD is being proposed, including the safeguards provided to minimize possible detrimental effects of the proposed use on adjacent properties and the neighborhood in general.

(7)

The height and bulk of buildings and their relation to other structures in the vicinity.

(8)

Potential impacts on local government services.

(9)

Potential impacts on environmental resources, including wetlands, surface water, floodplains, and plant and wildlife communities.

(10)

The general ability of the land to support the development, including such factors as slope, depth to bedrock, depth to water table and soil type.

(11)

The potential for redevelopment of brownfield and other underutilized properties.

(12)

Other factors as may be deemed appropriate by the Town Board.

Procedures and escrows.

(1)

Submission of application; application fee; escrow amount.

(a)

The owner of the land or agent thereof shall submit an application for a PUD rezoning to the Town Board. An application fee set by the Town Board and amended from time to time in the Development Fee Schedule shall accompany the application. A sketch plan, drawn to scale, together with a narrative description, shall also accompany the application. The Town Board at its next regularly scheduled meeting may, if it determines the proposal merits review, refer the application with a copy of the sketch/plan to the Planning Board for its review and recommendation within 40 days of the date of the application. Any such referral to the Planning Board should not be construed as an approval of the application. If the Town Board determines that the proposal does not merit review because it does not meet the purposes of this article, it shall not refer the application to the Planning Board, and no further action on the application shall be taken. The application fee will be refunded to the applicant.

(b)

An escrow amount shall be established by the applicant to pay for consultant's fees, including engineering and legal fees, incurred in the evaluation of the plans and documentation for the PUD.

(2)

The Planning Board shall require the applicant to furnish basic site data pertaining to the boundaries of the proposed PUD or of an amendment to a PUD, existing zoning, topography, subsoil conditions and such other data as the Planning Board may deem appropriate, and such preliminary plans as may be required for an understanding of the proposed development, with the petition for the desired PUD. All applications for PUDs or for amendments to PUDs shall be accompanied by a long-form environmental assessment form as set forth in the New York State Environmental Quality Review Act. The Town Board will be the lead agency among all Town agencies.

(3)

PUDs shall be considered as a single parcel for the purpose of applying the regulations. The Planning Board will consider all zoning parameters for the district in which the PUD is located.

(4)

The Planning Board may request such changes in said preliminary plans as are found to be necessary. The Planning Board may request such additional requirements as are deemed reasonably necessary to protect the established or permitted uses in the district(s) and to promote and protect the orderly growth and sound development of the Town. In reaching its decision on the proposed development and changes, if any, in the preliminary plans, the Planning Board shall consider, among other things, the following:

(a)

The need for the proposed land use in the proposed location.

(b)

The existing character of the neighborhood in which the use would be located.

(c)

The location of principal and accessory buildings on the site in relation to one another.

(d)

The pedestrian circulation and open space in relation to structure.

(e)

The traffic circulation features within the site and the amount, location and access to automobile parking areas.

(f)

The height and density of buildings and their relation to other structures in the vicinity.

(g)

The proposed location, type and size of display signs, driveways, loading zones and landscaping. In addition, an applicant for a PUD shall, in order to ensure uniform sign design throughout such district, submit his plans pertaining to signs in the district to include the location, type and size of all proposed signs.

(h)

The safeguards provided to minimize possible detrimental effects of the proposed use on adjacent properties and the neighborhood in general.

(i)

Adequacy of drainage, stormwater management, water supply and sewerage disposal facilities.

(j)

Such other matters as the Planning Board may consider pertinent.

(5)

The Planning Board shall approve, approve with modifications, or disapprove such application and shall report its findings to the Town Board within 62 days following the date of referral to the Planning Board. This period may be extended with the consent of the applicant.

(6)

The Town Board shall, within 45 days following receipt of the report from the Planning Board, hold a public hearing on the proposal, with public notice as provided by law, as in the case of an amendment to this chapter.

(7)

The Town Board may then amend this chapter so as to define the boundaries of the PUD. Such action shall have the effect only of granting permission for development of the specific proposed uses, including building and area specifications, in accordance with the preliminary plans filed with the Town Board. Such amendment of this chapter shall not constitute or imply a permit for construction or approval of construction plans.

(8)

In the event that the Planning Board has disapproved such proposal, or approved with modifications which the applicant is unwilling to make, the Town Board shall either incorporate the proposed modifications or set forth its reasons for not incorporating such modifications.

(9)

If construction work on the proposed development has not begun within two years of the Town Board approval and such work is not completed within the period of time specified by the Town Board, approval of the application shall become null and void. All rights granted under the PUD shall revert to the same regulations and restrictions as were effective before such approval, unless the Town Board for good cause authorizes an extension, which may be authorized without a public hearing.

(10)

Where any proposed PUD contains residential development, if the Town Board makes a finding that there is a present and anticipated future need for park and recreational facilities for the Town, and further that a suitable park or parks of adequate size cannot be located on such PUD, the Town Board may require a payment-in-lieu-of-parkland fee in an amount set by the Town Board and amended from time to time in the Town of Lloyd Development Fee Schedule. Such fees so collected shall be placed by the Town into a trust fund to be used exclusively for park, playground or other recreational purposes, including the acquisition of property.

(11)

The tract or tracts of land under application for consideration for a PUD 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 deeded owners or their agent of all parcels included in the project. In the case of multiple ownership, the approved plan shall be binding upon all the owners, and such owners shall provide written certification of such binding agreements.

Compliance with standards. All Planned Unit Development Districts and all buildings and uses within such districts shall be required to comply with the following specified development standards and requirements, except that the Town Board is hereby authorized to modify the standards with respect to individual buildings and lots within a planned unit development, as said Board deems appropriate.

Location. A Planned Unit Development District shall have sufficient frontage on a public highway in order to ensure that adequate traffic access will be available to serve the mix of permitted land uses. Location of the Planned Unit Development shall also be in conformance with the Comprehensive Town Plan. The site of a Planned Unit Development District shall either be within an existing or future Town water and sewer special district, in which case it shall be required to connect to the special district's service facilities, or it shall be the responsibility of the applicant to provide a private central water supply and sewage disposal system, approved by the County Health Department, to serve the entire development, to be dedicated to the public and operated by the Town water and/or sewer district administration, acceptance of the private systems to be at the Town Board's option.

Minimum site area.

(1)

Each Planned Unit Development District shall be at least 20 contiguous acres in area outside the Town Water/Sewer District, 10 contiguous acres if within the Water/Sewer District, measured at least 250 feet of frontage on existing state highways. Each stage of development, if development occurs in stages, shall include at least 10 acres of land area.

(2)

The site plan for a PUD shall not be less than five acres for a residential development, three acres for a commercial development or five acres for an industrial development; provided, however, that where an applicant can demonstrate that the characteristics of his holdings will meet the objectives of this article, projects with less acreage will be considered, and further provided that in the event that the Town Board is considering a project with less acreage, the affirmative vote of not less than 4/5 of the members of the Town Board shall be required to establish such a PUD. The calculation of such land area shall not include existing streets, easements, parks or otherwise dedicated land or water areas in excess of 5% of the minimum gross acreage, lands officially designated on the Official Map of the Town or County as they may be prepared for public purposes or lands undevelopable by reason of topography, drainage or adverse subsoil conditions. Sites proposed for development for two or more classifications shall consist of the aggregate gross land area required for each use. The proposed development shall conform to the Town of Lloyd Comprehensive Land Use Plan.

Permitted uses. No building or premises shall be used and no building or group of buildings or part of a building or structure shall be erected, constructed, enlarged, altered, arranged or designed to be used, in whole or in part, except for one or more, or an appropriate mix of the uses set forth below. Only those uses listed as being permitted, or an appropriate mixture of such uses, shall be permitted.

(1)

Permitted principal uses.

(a)

List of uses.

[1]

Any use permitted in a one-family residence district or multiple-family residence district.

[Amended 4-17-2013 by L.L. No. 1-2013]

[2]

Specific uses.

[a]

Stores and shops for the conduct of retail business, banks, post office, and establishments for the performance of various personal services, provided that such uses are part of a planned shopping complex of at least three acres.

[b]

Restaurants and other places serving food and beverages.

[c]

Theater, disco, bowling alley, skating rink or other place of amusement, provided that all principal activities are conducted in a fully enclosed building.

[d]

Institutional health care facilities, including hospitals, and long-term care facilities where the occupants reside for extended periods within the facility.

[e]

Office use.

[f]

Golf courses with a clubhouse and/or hotel accessory to the golf course, marinas, equestrian facilities and vineyards.[1]

[1]

Editor's Note: Former Subsection I(1)(a)[3], concerning uses permitted in a planned residential development, which immediately followed this subsection, was repealed 9-8-2010 by L.L. No. 13-2010.

[g]

Office of a physician, lawyer, surgeon or dentist and similar professional offices, and these must be located within the nonresidential area of the Planned Unit Development District.

[Added 4-17-2013 by L.L. No. 1-2013]

[h]

Light industry and research and development facilities, provided that no exterior work or storage of materials or vehicles is allowed. Noise and visual impacts should be mitigated to the fullest extent possible. Location of buildings should be such that negative impacts from the public roadways and residential areas are limited.

[Added 4-17-2013 by L.L. No. 1-2013]

[3]

Any use permitted by Article V in a planned residential development.

[Added 4-17-2013 by L.L. No. 1-2013]

(b)

A separate special use permit shall not be required for any use if such use is shown on the approved generalized site plan for the entire planned unit development. Site development plan approval shall be required. However, any permitted principal use applied for after the original approved generalized site plan is subject to approval procedures set forth in Article VIII and shall conform to any additional requirements made in connection with such approval.

(2)

Permitted accessory uses.

(a)

List of uses.

[Amended 4-17-2013 by L.L. No. 1-2013]

[1]

Garages and other areas for parking of motor vehicles. In areas of open or outdoor parking, only 1/10 of the area may be for commercial vehicles of one ton or less.

[2]

Parish house, rectory or church schoolrooms.

[3]

No more than two signs, not exceeding four square feet in area, each pertaining to a permitted nonresidential use in the district, including sale, lease or rent signs, but excluding advertising signs. Signs shall be nonmoving and, if lighted, shall be nonflashing and shielded. Such signs must be located within the nonresidential area of the Planned Unit Development District. See signage specifications below.[2]

[2]

Editor's Note: See Subsection Y, Signs, in this section.

[4]

Swimming pool, provided that such facility is not located in the required front yard and is set back from lot lines at least the side yard distance from the main building.[3]

[3]

Editor's Note: Former Subsection I(2)(a)[6], concerning accessory uses permitted in a planned residential development, which immediately followed this subsection, was deleted in conjunction with L.L. No. 13-2010, adopted 9-8-2010.

(b)

Additional requirements.

[1]

A separate special use permit shall not be required for any accessory use if such use is shown on the approved generalized site plan for the entire planned unit development. However, any permitted accessory use applied for after the original approved generalized site plan is subject to approval procedures set forth in Article VIII and shall conform to any additional requirement made in connection with such approval.

[2]

Once approval is granted to the PUD, the development shall be considered static. No further changes can be made to the structures or amenities of the site, nor shall any changes be made to the uses allowed in the approved plan, unless those changes are resubmitted to the Planning Board for review and approval.

Density.

[Amended 4-17-2013 by L.L. No. 1-2013]

(1)

Residential density.

(a)

Within a Planned Unit Development District, residential densities shall be such that there will be at least the following minimum amounts of gross land area per dwelling unit, excluding the portion of the site, if any, devoted to nonresidential uses:

	Type of Dwelling Unit	Minimum Land Area Required (square feet)
	Studio/0-bedroom	2,500
	1-bedroom	3,500
	2-bedroom	5,000

(b)

The above densities shall not apply in situations where the residential component of the site is institutional in nature (long-term care facilities), subject to Town Board or Planning Board approval.

(2)

Residential density shall be allowed at 15 per acre.

Setbacks and building coverage. Refer to Appendix A for design standards for the PUD.[4]

(1)

All buildings, residential and nonresidential, shall be required to be set back from perimeter property lines of the Planned Unit Development District a distance equal to the normal setback requirements within the adjoining zoning district but in no case less than the height of the building as measured from finished grade or 50 feet, whichever is greater.

(2)

All other normal dimensional standards and requirements related to buildings and lots within a Planned Unit Development District shall be subject to Planning Board review and determination as a part of the site development plan and/or subdivision plat approval procedure, as appropriate.

[4]

Editor's Note: Appendix A is on file in the Town offices.

Streets and storm drainage.

(1)

All principal streets within a Planned Residential Development District shall meet the standards set forth for Town roads and shall be suitable for dedication to the public.

(2)

All areas covered by buildings and all paved portions of the site shall be provided with suitable storm drainage. Where the expansion, reconstruction or other alteration of off-site drainage facilities and structure is required as a result of the additional burdens imposed by a proposed development, such development shall not be approved until the necessary off-site improvements have been made or provisions have been made for such improvements.

Off-street parking.

(1)

Off-street parking facilities shall be provided in number and design subject to the following special standards for Planned Unit Development Districts:

(a)

One off-street parking space, plus 1/4 of a space per bedroom, shall be provided for each dwelling unit. At least one such space per dwelling unit shall be located out-of-doors.

(b)

At least 20% of the minimum number of required parking spaces to serve dwelling units shall be designed and reserved for the use of visitors and guests.

(c)

All maintenance vehicles or equipment shall be stored in enclosed structures only, which structures shall conform in architectural theme to the principal buildings of the planned unit development.

(2)

The Town Board may waive up to 30% of the total required residential parking facilities as part of its site plan approval when it is determined by the Board that, due to the relationship of the land uses or the nature of the occupancy of the dwelling units, the total required facilities may not be necessary to meet the intent of these regulations. In all cases, it shall be expressly demonstrated on the site development plan that sufficient space remains for the provision of the total amount of parking required, and the site development plan shall bear such designation. All such undeveloped parking space shall be used and maintained as additional landscaped grounds until required for parking. Written guaranties, satisfactory to the Town Attorney, shall be submitted by the applicant for the eventual improvement of any such spaces, which may have been waived, within six months of the date of written notice to the property owner by the Planning Board that such spaces have been determined as necessary and must be constructed.

(3)

Parking shall be situated so that it is adequately screened from the state highway and, to the maximum extent possible, from all other vantage points around the parcel, either by dense, year-round landscaping or topographically concealed. Parking shall be to the side or rear of buildings.

Street trees and landscaping. In addition to the normal requirements for buffer landscaping to screen and protect adjoining residential properties, and for on-site landscaping necessary to assure an attractive development, provide shade and prevent soil erosion, it shall be specifically required that street trees be planted within parking areas at the rate of at least one tree per 10 parking spaces and along both sides of all roadways, where determined necessary by the Planning Board, at a distance of approximately 50 feet on center. All such trees shall have a caliper of at least 2 1/2 inches at a height of three feet above finished grade.

Recreation area and open space.

(1)

Recreation area. Each planned unit development shall include a recreation area which is designed, improved and maintained for the use of the residents of the development and their guests on a not-for-profit basis. The recreation area shall provide common active recreational facilities, such as swimming pools, playing courts (tennis, basketball, volleyball), playground equipment, etc. The plan for the recreation area shall be subject to Planning Board approval as to location, design and adequacy, taking into consideration the size of the development and the anticipated occupancy of the units. Where special recreational consideration must be met, such as for senior citizens or handicapped persons, the site plan shall contain elements encompassing and satisfying those needs. If the PUD is developed in phases, the on-site recreational amenities must be designed and built to accommodate the maximum residential buildout of the entire PUD.

(2)

Open space. All portions of any planned unit development which are not used for one or more of the purposes permitted by this chapter shall be designed and maintained as permanent open space and shall be landscaped or preserved in accordance with plans approved by the Planning Board.

(3)

Walkways. Planned unit developments shall be provided with safe and convenient pedestrian walkways as determined necessary by the Planning Board to connect residential buildings, parking facilities, public and commercial facilities, school bus stops and recreation and open space areas. Walkways should be paved, level surfaces to allow walkers of all abilities to easily move about.

Utilities and services.

(1)

All utilities shall be placed underground and shall be situated to the extent possible between the paved roadway and designated street line, or in commonly owned areas, to simplify location and repair of such lines. Wherever possible, utilities should be routed around structures, paved areas and separately owned private lands.

(2)

The site of a proposed Planned Residential Development District shall either be within an existing Town water and sewer service area, in which case it shall be required to connect to such service facilities, or it shall be the responsibility of the applicant to provide a central water supply and sewage disposal system, approved by the County Health Department, to serve the entire development.

(3)

Refuse collection, storage and disposal. Plans for the collection, storage and disposal of refuse within any planned unit development shall be subject to Planning Board approval as part of its review of site development plans. The outside storage of refuse, if permitted, shall be in rodentproof containers conveniently located and enclosed or otherwise screened from view. If the parcel is broken into individual units with either public or private garbage collection, or if refuse must be exposed to the public view in any type of development, refuse shall be placed out for collection no earlier than 18 hours prior to collection, and any containers shall be removed from public view no less than 12 hours after collection.

(4)

Fire protection. Planned unit developments shall be provided with proper access for fire-fighting equipment and personnel. Hydrants shall be provided in such number and location and with such water supply and pressure as may be determined adequate by the Planning Board, based upon the recommendation of the Town Engineer and the fire department servicing the site.

(5)

Exterior lighting shall be provided in accordance with a lighting plan approved by the Planning Board. Under no circumstances shall lighting be designed in such a way to allow unshielded light to project beyond the boundaries of the parcel. The design is encouraged to have some lights turn off when not required, except those lights that serve security and safety concerns. Further, consideration should be given to avoid, as much as possible, uplighting which could create skyshine at night.

Ownership; maintenance responsibilities.

(1)

Developments within a Planned Residential Development District may be in either single or multiple ownership. Units and/or lots may be leased or owned separately.

(2)

At the time of submission of a detailed site development plan to the Planning Board for approval, the applicant shall be required to prepare and submit a written program for the maintenance of any commonly owned area, including open space and recreation areas, walkways, driveways, parking areas and other common utilities and facilities. This program shall fix the responsibility for the maintenance program on either the landlord or a home association, or a combination thereof, and shall demonstrate, to the satisfaction of the Planning Board and the Town Attorney, how such responsibility will be legally bound and enforceable. If authorized and approved by the Town Board, community areas may be dedicated to the Town by the applicant.

(3)

In the case of multiple ownership of land or buildings, including single-family homes developed under the reduced lot size provisions of § 278 of the Town Law and condominium or cooperative ownership of apartments or townhouses, a homeowners' association shall be formed. Membership in this association shall be required for all owners of dwelling units within the development, and the association shall be responsible for the maintenance program. Where the development is a combination of multiple ownership and leased units, the landlord shall be a member of the homeowners' association, with maintenance responsibilities proportional to the number of units which he owns.

Site development plan; Planning Board approval. Prior to the issuance of any building permit within a Planned Unit Development District, a detailed site development plan shall be approved by the Planning Board, and no building or site development shall be carried out except in conformity with such approved plan.

Application for site development plan review. An application for site development plan approval within a Planned Unit Development District shall be made under the procedure set forth in § 100-53 for site development plan. In addition to the information required by § 100-53, the site development plan shall contain a detailed schedule of all proposed nonresidential uses, including type of use, floor area and parking requirements.

Standards for site development plan review. The provisions of § 100-53 shall apply in the review of site development plans in all Planned Unit Development Districts.

Public hearings; action by Planning Board; conditions and safeguards. The provisions of § 100-53, Site plan review, shall apply in all Planned Unit Development Districts.

Changes in plan. If in the site plan review process it becomes apparent that certain elements of the sketch plan, as it has been approved by the Town Board, are unfeasible and in need of significant modification, the applicant shall then present solutions to the Planning Board of the PUD site plan in accordance with the above procedures. The Planning Board shall then determine whether or not the modified plan is still in keeping with the intent of the local law creating the PUD. If a negative decision is reached, the site plan shall be considered disapproved. The applicant may then produce another site plan in accordance with the approved PUD plan. If an affirmative decision is reached, the Planning Board shall so notify the Town Board stating all of the particulars of the matter and its reason for feeling the project should be continued as modified. Preliminary site plan approval may then be given only with the consent of the Town Board.

Expiration of site development plan approval. If no construction is begun within four years of Planning Board approval of the site plan and the approved PUD plan expires, the site plan shall be deemed expired.

[Amended 4-17-2013 by L.L. No. 1-2013]

No construction until requirements are met. No building permits shall be issued for construction within a Planned Unit Development District until improvements are constructed or financial security is posted. Construction may also not occur until such other requirements and conditions as established by the Town Board and the Planning Board have been met.

Signs. The following section supersedes any other sign ordinances in the Town of Lloyd Zoning Ordinance.

(1)

Purpose. The purpose of this section is to:

(a)

Maintain character of the community and enhance physical appearance of planned unit developments.

(b)

Ensure compatibility of design of signs relating to the commercial or other land use portions of a planned unit development.

(c)

Prevent visual and physical congestion created by signs designed to compete for the visual attention of motorists.

(d)

Protect the visual character of the Town by encouraging signs that are visually compatible with development.

(2)

General standards. The following standards and specifications shall be included in plans presented to the Planning Board during site plan review of the commercial portion of any proposed planned unit development or during sign permit review of proposed signs for existing planned unit developments:

(a)

Illumination and nonstationary signs.

[1]

Signs shall not be designed to include neon tubing such that the tubing is part of the visible exterior of the sign. Signs shall not be illuminated by or contain flashing, blinking, rotating or sequential or other moving lights.

[2]

Signs shall not be constructed to be or to include moving, rotating or fluttering parts or banners or to have any part that projects or moves beyond the allowed surface area.

[3]

Interiorly lit signs are prohibited.

(b)

Design and aesthetics.

[1]

General. The purpose of these design standards is to promote construction of signs that are compatible with the design and composition of the planned unit development and are legible, yet do not create visual distraction or confusion for passing motorists. The design should complement existing adjacent land uses and the visual character of the Town.

[2]

Materials, finish and coloring. Durable materials, such as wood, metal or plastic, shall be used to construct the commercial plaza sign and individual business signs. The material chosen shall be approved by the Planning Board and should be consistent with the materials used to construct residential and commercial portions of the planned unit development that are visible from the roadway and neighboring properties. Finish and coloring shall also complement the composition of the entire planned unit development project and surrounding community.

[3]

Sign colors shall be chosen to minimize or reduce significant or distracting contrast, to eliminate visible competition between the colors of the freestanding sign, its constituent identity signs and individual signs on storefronts, except for the recognized logo of stores with retail space exceeding 7,500 square feet.

[4]

Lettering, layout and composition. The composition of all signs for the complex, including the freestanding plaza sign, identity signs on the plaza sign and individual business signs, should be reasonably consistent in lettering and layout, such that:

[a]

A limited variety of lettering styles can be chosen that are visually compatible and readable for motorists and customers in the complex.

[b]

A form of message layout should be chosen and presented in plan details to provide a certain proportion of lettering size and quantity to overall sign space.

[5]

Temporary or portable signs shall be permitted, but only with a permit from the Zoning Inspector. Such permits shall not be renewable and shall not exceed 15 days in duration.

(3)

Commercial plaza sign. One freestanding sign may be proposed for a roadfront location which may indicate the name of the commercial plaza and the name of the tenants.

(a)

Dimensions.

[1]

Height. The height of a freestanding sign for identifying the commercial plaza shall be established at the discretion of the Planning Board; however, in no case should the lighted portion of the sign exceed 25 feet as measured from the finished grade of the road surface fronting the plaza. In no case may the total height of the sign structure exceed 30 feet from the finished grade of such road surface.

[2]

Sign area. There shall be a maximum of two faces for the freestanding commercial plaza sign. Each face shall be no greater than 150 square feet. The area of the freestanding sign faces may be increased, up to a maximum of 300 square feet each, at the discretion of the Planning Board. The Planning Board shall include the following criteria in its determination:

[a]

A landscaped area at the base of the sign.

[b]

Increased setback of the sign from the road frontage.

[c]

Lighting and design of the sign.

[d]

Overall visual quality of the freestanding sign.

(b)

Location, orientation and setback.

[1]

Location. The freestanding commercial plaza sign shall be located along the longest property border of the commercial portion of the planned unit development which faces a major roadway. Where the commercial portion of the planned unit development has significant lengths of frontage along more than one major roadway, an additional sign may be placed to identify an alternate entry to the plaza, not to exceed 10 square feet. However, only one of the road-facing signs may bear the identity signs for the individual tenants of a commercial plaza.

[2]

Orientation. A freestanding sign may have two faces and may be oriented so that the width of the face is perpendicular to the roadway so that each face can be read by motorists. No sign shall have more than two faces.

[3]

Setback. The required setback of the sign shall be at the discretion of the Planning Board. The Planning Board shall consider the total distance to the traveled roadway along with the other factors in its determination regarding appropriate setback requirements. The Planning Board shall establish a setback which furthers the purpose of the sign ordinance and which will minimize visual and visible congestion of the highway and will promote safe flow of traffic.

(c)

Landscaping. Suitable landscaping shall be provided around the sign.

(4)

Individual business signs.

(a)

One individual identity sign may be constructed for each tenant store located between the anchor stores. Such sign may be attached to the store's front facing a roadway or interior of a mall complex or may project perpendicularly from the front wall of the store. No other signs are permitted. Individual identity signs for tenant stores of less than 7,500 square feet may not extend above or below the fascia. For signs on the fascia, the length of said sign shall not exceed the store's frontage in linear feet minus eight feet. If the sign extends perpendicular from the store front, it may not be larger than eight square feet and shall be a minimum of 7.5 feet in height from the pavement.

(b)

Anchor stores of 7,500 square feet or greater of retail space may have an individual business sign to be attached to the storefront. Such sign shall not exceed an area equal to the store's frontage in linear feet times 1.5 feet (for example, 25 linear feet of frontage by 1.5 feet equals 37.5 square feet). Each sign shall be attached to the storefront or the fascia and shall not project above the top of the vertical portion of the front roofline. In no case shall a roof-mounted sign be permitted. A vertical sign attached to a sloping roofline shall not be permitted.

(5)

Administration.

(a)

Plans and details for proposed signs for commercial portions of planned unit developments shall be presented for review and approval by the Planning Board during the site plan review of the planned unit development.

(b)

No additional permanent or temporary signs or other advertising device shall be erected, constructed, displayed, moved, reconstructed, extended, enlarged or altered without a thorough review and approval by the Planning Board.

(c)

Upon approval of said plans, the application shall be filed with the Building Inspector for a sign construction permit. Compliance with approved sign plans shall be enforced by the Building Inspector.

§ 100-23.1 Planned residential development (PRD).

[Added 12-14-2011 by L.L. No. 12-2011; amended 8-17-2016 by L.L. No. 5-2016]

General regulations.

(1)

Purpose and general description. The PRD District is intended to encourage development in or near the Town Center, as defined by the Comprehensive Plan, and should be approved only in locations served by existing or proposed municipal water and sewer lines. PRD developments should be designed with a traditional village neighborhood sensibility. The PRD District is intended to encourage flexibility and innovation in land use in residential developments. Through careful planning, such districts will provide for the best use of the site consistent with the goals of protecting and embracing the natural environment. At the same time, it is intended that projects within any PRD district provide a compatible blending with surrounding development, minimizing such negative impacts as land use conflicts, traffic congestion, and excessive demands on existing or proposed public facilities. Appropriate nonresidential uses such as neighborhood retail, service or professional office may be included if they are compatible with the proposed new development and with surrounding land uses.

(2)

Establishment. A planned residential development district may be established by the Town Board either on its own motion or as a result of a petition from the owner or owners of property complying with the standards and requirements set forth in this chapter for planned residential development districts. The Town Board may waive or modify any part of the requirements of this section.

(3)

Application; review; public hearing; action. Application, review, public hearing and action with respect to the establishment of a PRD district shall be as follows.

(4)

Considerations. In determining whether exceptions to district standards should be allowed, particularly as regards the intensity of land use, the Town Board shall consider the following factors when considering the establishment of a new PRD or an amendment to an existing PRD, and the Planning Board shall consider the following factors when reviewing proposed site plans and any special permits that may be required.

(a)

The need for the proposed land use in the proposed location.

(b)

The availability and adequacy of municipal water service.

(c)

The availability and adequacy of municipal sewer service.

(d)

The availability and adequacy of transportation systems, including the impact on the road network.

(e)

The pedestrian circulation and open space in relation to structures.

(f)

The character of the neighborhood in which the PRD is being proposed, including the safeguards provided to harmonize the proposed use with adjacent properties and with the neighborhood in general.

(g)

The height and bulk of buildings and their relation to other structures in the vicinity.

(h)

Potential impacts on local government services.

(i)

Potential impacts on environmental resources including, but not limited to, wetlands, surface water, flood plains, and plant and wildlife communities.

(j)

The general ability of the land to support the proposed development as well as the stormwater management for the development, including such factors as slope, depth to bedrock, depth to water table and soil type.

(k)

The potential for redevelopment of brownfield and other underutilized properties.

(l)

Other factors as may be deemed appropriate by the Town Board.

(5)

Procedures and escrows.

(a)

An escrow amount shall be established by the applicant to pay for the Town's consultant's fees, including engineering and legal fees, incurred in the evaluation of the plans and documentation for the PRD, in both the preliminary conceptual review phase before the Town Board and during any subsequent review by the Planning Board of the site plan and/or special permit required to implement the PRD.

(b)

The owner of the land or agent thereof shall submit an application for a PRD rezoning to the Town Board. An application fee set by the Town Board and amended from time to time in the Development Fee Schedule shall accompany the application. A conceptual plan, which may include drawings or architectural renderings, together with a narrative description, shall also accompany the application. The conceptual plan shall include the maximum number of residential units and the maximum number of square feet that the applicant proposes to develop, as well as a description of any nonresidential development plans. The conceptual plan shall include a description and the minimum size of proposed open space which shall remain undeveloped. The Town Board at its next regularly scheduled meeting may, if it determines the proposal merits review, refer the application with a copy of the conceptual plan to the Planning Board for its preliminary review and recommendation within 40 days of the date of the application. Any such referral to the Planning Board should not be construed as an approval of the application. If the Town Board determines that the proposal does not merit review because it does not meet the purposes of this article, it shall not refer the application to the Planning Board and no further action on the application shall be taken. The application fee will be refunded to the applicant.

(c)

The Planning Board shall submit its preliminary review and recommendation within 60 days of receipt of the referral from the Town Board. This time period may be extended with the consent of the applicant. The Town Board shall, within 45 days following receipt of the report from the Planning Board (or expiration of the time for the Planning Board to comment), hold a public hearing on the proposal, with public notice as provided by law, as in the case of an amendment to this section. If however, a positive declaration of environmental significance is issued, the hearing shall be held after the acceptance of the DEIS as complete, preferably at the same time as the hearing on the DEIS.

(d)

The Town Board, after completion of the SEQRA process and any referrals required to county planning, may then adopt a local law or local laws establishing the PRD and amending the Town Zoning Map to define the boundaries of the PRD subject to the conceptual plan and to any conditions imposed by the Town Board. Such action shall have the effect only of granting the applicant permission to apply to the Planning Board for approval of site plans and/or special use permits necessary to implement the final plans, which shall be consistent with the conceptual plan reviewed by the Town Board and relied upon in establishing the PRD. Such amendment of this section shall not constitute or imply a permit for construction or approval of construction plans.

(6)

Site plan review.

(a)

If approval of the rezoning is granted, the Planning Board, within 45 days after the approval, shall schedule a meeting with the applicant to commence site plan and/or special permit review. The site plan review will be conducted in accordance with Chapter 100, Article VIII, § 100.53 of the Town Code (Site plan review). Any special use permit review will be conducted in accordance with Chapter 100, Article VII §§ 100-40 through 100-52. The Planning Board may reduce, but cannot increase, the maximum number of units and total square footage approved by the Town Board.

(b)

PRDs shall be considered as, a single parcel for the purpose of applying the regulations.

(c)

In conducting its site plan review and/or special permit review on the proposed development and changes, if any, in the preliminary conceptual plans, the Planning Board shall consider, among other things, the standards listed in this section in Subsection A(4)(a) through A(1) above, as well as any conditions imposed by the Town Board.

(d)

If construction work on the proposed development has not begun within five years of the Planning Board approval and such work is not completed within the period of time specified by the Town Board, approval of the PRD and any subsequent approvals issued by the Planning Board shall become null and void. All rights granted under the PRD shall revert to the same regulations and restrictions as were effective before such approval, unless the Town Board for good cause authorizes an extension, which may be authorized without a public hearing. The Town Board may grant such extensions for up to three additional years, or parts thereof.

(e)

Recreation fees shall be paid to the Town according to a schedule that may be amended from time to time. The fee shall be calculated at the time of the signing of the maps as that fee currently on the fee schedule.

(f)

The tract or tracts of land under application for consideration for a PRD 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 deeded owners or their agent of all parcels included in the project. In the case of multiple ownership, the approved plan shall be binding upon all the owners, and such owners shall provide written certification to the Town demonstrating that the approved plan is binding upon all owners.

Permitted uses and structures.

(1)

Single-family detached and attached dwellings; zero lot-line detached and attached dwellings.

(2)

Two-family dwellings; multifamily dwellings; condominiums; apartments.

(3)

Accessory uses and structures including noncommercial greenhouses and plant nurseries, unattached private garages and carports, tool houses and garden sheds, children's play areas and play equipment, swimming pools, gazebos, and the like when meeting the following conditions:

(a)

Shall be customarily and clearly incidental and subordinate to permitted principal uses and structures.

(b)

Shall be located on the same lot as the permitted principal use or structure, or on a contiguous lot in the same ownership.

(c)

Public, private and parochial schools; childcare centers.

(d)

Recreational and community assembly facilities intended for the primary use and convenience of the residents within the PRD district and their guests.

(e)

Public parks and public recreational facilities, including golf courses, fields or specially designated areas.

(f)

Churches and similar places of worship.

(g)

Home occupations subject to the provisions of § 100-33 of the Zoning Code.

Uses permitted on review. Upon review and approval by the Town Board, neighborhood commercial activities may be permitted, subject to the following conditions:

(1)

All commercial facilities must be designed as an integral part of the development; external advertising or other characteristics which would negatively alter the residential scenic quality, noise level, or traffic load shall not be permitted.

Prohibited uses and structures: any use or structure not specifically permitted.

Maximum density. The maximum number of dwelling units in any PRD district shall be computed by multiplying the net acreage to be developed by 15, excluding any area to be developed as a church, school, childcare center, or neighborhood commercial use (as approved by the Town Board).

Minimum off-street parking requirements.

(1)

Off-street parking shall be provided so as to comply with the requirements of § 100-29 of this Zoning Code. The following requirements shall additionally apply:

(a)

Off-street parking shall be provided on a site convenient to the building it is designed to serve.

(b)

At least one parking space per dwelling unit shall be located so as to provide a maximum walking distance of 100 feet from the nearest entrance to the building housing the dwelling unit the space is to serve.

(c)

Where appropriate, common driveways, parking areas, walks, and steps shall be provided, maintained, and lighted for night use.

(d)

Screening of parking and service areas is encouraged and may be required through the ample use of trees, shrubs, hedges, and screening walls.

(2)

All driveways and parking areas shall be paved.

Site plan requirements. All developments requiring building permits shall conform with the applicable site plan requirements of Article VIII, § 100-53 and/or special use permit requirements of Article VII, §§ 100-40 through 100-52 of this zoning code.

Design standards. The following design standards shall apply for all PRD developments. These standards are in addition to any applicable standards from Appendix A of the Zoning Code, Design Standards. The Planning Board during their review may waive any requirements of the following standards if they find that such requirements are not in the best interest of the community.

(1)

Access:

(a)

Access to each single-family dwelling unit shall be provided via a public right-of-way or a private driveway owned by the individual in fee simple or in common ownership with the other residents of the PRD. Access and circulation shall adequately provide for firefighting and emergency vehicles and school buses.

(b)

Access to buildings containing multifamily dwelling units under individual ownership shall be provided via a public right-of-way or a private driveway owned by the individual in fee simple or in common ownership with the other residents of the PRD. Access and circulation shall adequately provide for firefighting and emergency vehicles and school buses.

(c)

Access to buildings containing multifamily dwelling units not owned by their occupants shall be provided via a public right-of-way. Access and circulation shall adequately provide for firefighting and emergency vehicles and school buses.

(2)

Obstruction of vision at intersections.

(a)

Nothing shall be constructed, planted or installed that may interfere with the visibility at the intersection of any private drive, entrance or exit from a common parking area.

(3)

Area and bulk regulations.

(a)

There shall be no minimum lot size.

(b)

Minimum setbacks from property lines shall be based on the height of the buildings:

[1]

One story: 15 feet from property line.

[2]

Two story: 20 feet from property line.

[3]

Three story: 30 feet from property line.

(c)

Setbacks may be adjusted by the Planning Board during site plan review based on particular circumstances.

(d)

Maximum lot coverage shall be based on the capability of the site design to adequately manage stormwater, but should not be more than 70% of the site acreage.

(4)

Spacing of structures.

(a)

The location of all structures shall be as shown on the final PRD site plan.

(b)

The proposed location of all structures shall be in harmony with existing or prospective adjacent uses and to the existing or prospective development of the neighborhood.

(c)

There shall be a minimum distance between detached structures within the PRD as follows:

[1]

One and two stories: 15 feet.

[2]

Three stories: 25 feet.

(d)

No individual residential structure shall extend more than 200 feet in length.

(5)

Height of buildings.

(a)

The maximum building height for any building shall be 35 feet.

(6)

Privacy.

(a)

Each development shall provide reasonable visual and acoustical privacy for dwelling units of both the PRD and of adjoining residential property owners.

(b)

Fences, insulation, walls, barriers, and landscaping shall be used, as appropriate, for the protection and aesthetic enhancement of property and the privacy of its occupants, the screening of objectionable view or use and the reduction of noise.

Site improvements.

(1)

Streets. The arrangement of public and common ways for pedestrian and vehicular circulation in relation to other existing or planned streets in the area together with provisions for street improvements, shall generally comply with standards set forth in Chapter 89, Streets and Sidewalks, of the Town of Lloyd Code. However, the uniqueness of each proposal for PRD may require that specifications for the width and surfacing of streets, public ways, public utility rights-of-way, curbs and other standards be subject to modification from the specifications of the subdivision or other regulations. Upon application from the developer and good cause shown, the Planning Board may permit changes or alterations of such standards that are consistent with the spirit and intent of this section, subject to approval by the Town Highway Superintendent.

(2)

Utilities.

(a)

The provision of underground utilities (including electricity, telephone and cable television) in both public and private extensions thereof shall be mandatory in every PRD.

(b)

Provisions shall be made for acceptable design and construction of stormwater facilities including grading, gutters, piping, and treatment of turf to handle stormwater and prevent erosion.

(c)

Fire hydrants shall be spaced according to the Town of Lloyd Water Department regulations for location of fire hydrants.

(d)

Refuse collection. All collection facilities and containers shall be permanently screened in a manner that is sufficient to completely remove facilities from sight. If individual dwelling receptacles, such as garbage cans, dumpsters, etc., are part of the plan, those receptacles shall be placed in their locations of collection no more than 18 hours before the collection, and shall be removed no more than 18 hours after collection.

(e)

Streetlights shall be provided where practicable or for safety reasons. Streetlights shall be shielded and of appropriate wattage. The Planning Board should use its discretion to allow types of lighting that will complement the PRD neighborhood.

(3)

Pedestrian circulation.

(a)

The "complete street" model should be used for design of the roadway. Consideration must be given to all users of the roadway: bicyclists, public transportation vehicles and riders, pedestrians, and vehicular traffic.

(b)

A pedestrian circulation system is required. Where practicable, the system and its related walkways shall be separated as completely as possible from the vehicular street system in order to provide separation of pedestrian and vehicular movement. This separation shall include, when deemed necessary by the Planning Board or Town Board, pedestrian underpasses and overpasses in the vicinity of schools, playgrounds, residential uses, and other neighborhood uses that generate a considerable amount of pedestrian traffic.

(c)

Sidewalks may be required where practicable. The sidewalk shall be separated from the street by a grassy strip no less than three feet across. Sidewalks should not dead-end unless transitioning to a nonpaved trail or park area. Sidewalks shall be constructed of concrete or equally durable material.

(d)

Street trees shall be located on the side of the sidewalk away from the street in order to minimize damage to trucks. Trees shall be planted at appropriate distances from the sidewalk to inhibit root damage of drains, septic pipes, sidewalks and roadways.

§ 100-23.2 Planned residential retirement development.

[Added 10-21-2020 by L.L. No. 4-2020]

General regulations.

(1)

Purpose and general description. The Planned Residential Retirement District ("PRRD") is intended to encourage flexibility and innovation in residential development and related services for persons 62 years of age and over in locations served by existing municipal water and sewer lines or where the applicant will pay the costs of any extensions of such lines. Access for a PRRD shall be direct to a county or state highway or by a new road designed to meet Town standards. PRRDs shall consist of a combination of principal uses that may include independent living units, enriched housing, adult homes, assisted living facilities, memory care facilities and/or nursing homes, and may include accessory uses as described in Subsection D(2) below. PRRDs shall comply with the affordable housing regulations provided in Zoning Code § 100-36. PRRDs should be designed with a traditional village neighborhood sensibility. Through careful planning, such districts will provide for the best use of the site consistent with the goals of protecting and embracing the natural environment. At the same time, it is intended that projects within any PRRD provide a compatible blending with surrounding development, minimizing such negative impacts as land use conflicts, traffic congestion, and excessive demands on existing or proposed public facilities.

(2)

Establishment. A PRRD may be established by the Town Board either on its own motion or as a result of an application from the owner or owners of property complying with the standards and requirements set forth in this section for PRRDs. The Town Board may waive or modify any part of the requirements of this section.

(3)

Eligibility requirements for residents. A PRRD shall, through its corporate association, association owners, or any other legal entity, consist of a parcel or parcels of land which shall be restricted in their use, occupancy, or ownership, or any combination thereof, by bylaws, rules, regulations, covenants or restrictions to permanent residents whose use, occupancy, or ownership shall be restricted as applicable to:

(a)

Any person of the age of 62 years or over;

(b)

A husband or wife, regardless of age, residing with his or her spouse, provided that the spouse of such person is of the age of 62 years or over; and

(c)

Adults under 62 years where it can be shown that the presence of such person is essential to the physical care of a qualifying individual or individuals, by reason of their medical condition.

(4)

The applicant shall demonstrate in its application how residency in the PRRD will be restricted to persons conforming with the eligibility requirements provided in § 100-23.2A(3)(a) through (c) and how these restrictions will be enforced.

(5)

The person(s) responsible for operation of the PRRD shall certify to the Town, on a quarterly basis each year, the names and ages of the persons owning, using or occupying the residential units in the PRRD.

(6)

Considerations. The Town Board shall consider the following factors when considering the establishment of a new PRRD, an amendment to an existing PRRD, or whether exceptions to PRRD standards should be allowed, particularly as regards the intensity of land use, and the Planning Board shall consider the following factors when reviewing proposed site plans that may be required:

(a)

The need for the proposed land use in the proposed location;

(b)

The availability and adequacy of municipal water service;

(c)

The availability and adequacy of municipal sewer service;

(d)

The availability and adequacy of transportation systems, including the impact on the road network;

(e)

The pedestrian circulation and open space in relation to structures;

(f)

The character of the neighborhood in which the PRRD is being proposed, including the safeguards provided to harmonize the proposed use with adjacent properties and with the neighborhood in general;

(g)

The height and bulk of buildings and their relation to other structures in the vicinity;

(h)

Potential impacts on local government services;

(i)

Potential impacts on environmental resources, including, but not limited to, wetlands, surface water, floodplains, and plant and wildlife communities;

(j)

(k)

The potential for redevelopment of brownfield and other underutilized properties; and

(l)

Other factors as may be deemed appropriate by the Town Board.

PRRD preapplication consultation process; Town Board action.

(1)

Prior to filing an application for a PRRD with the Town Board, the applicant shall participate in a pre-application consultation process with a committee comprised of the Code Enforcement Officer and a representative from each of the Town Board, the Planning Board and the Zoning Board of Appeals (the "Pre-application Committee"). The applicant shall submit to the Code Enforcement Officer a conceptual plan, including any drawings and/or architectural renderings, together with a narrative description of a proposed PRRD that conforms to the requirements of this section. The narrative shall also set forth any proposed waivers or modifications from any of the requirements of this section, including but not limited to use, density or area requirements, that would be needed for the proposed PRRD with justification for the relief sought.

(2)

The Pre-application Committee and the applicant shall consult regarding the proposed PRRD for a period of 30 days following receipt of the conceptual plan from the applicant unless the applicant and the Committee mutually agree in writing to extend that period, following which the Committee shall provide in writing its recommendations regarding the proposed PRRD to the applicant and the Town Board. The Committee's recommendations shall include proposed findings based on the factors to be considered by the Town Board for establishment of a PRRD set forth in Zoning Code § 100-23.2A(6) and any waivers that would be needed for the proposed PRRD.

(3)

After completing the pre-application process, the applicant may submit an application to the Town Board which includes:

(a)

A conceptual plan, including any drawings and/or architectural renderings, together with a narrative description for a proposed PRRD that conforms to the requirements of this section except for any waivers or modifications sought;

(b)

A request for any waivers or modifications from the requirements of this section that would be needed for the proposal with justification for the relief sought; and

(c)

An application fee based on the Town's Development Fee Schedule.

(4)

Pursuant to Zoning Code § 100-57, the applicant may be required to deposit an initial sum of money into an escrow account to cover the reasonable and necessary costs of review of the proposed PRRD, including pre-application consultation, application review and any subsequent site plan review if the application for a PRRD is approved.

(5)

Within 40 days of the date on which the Town Board accepts the application, the Town Board shall determine whether it will review the application and, if so, refer it to the Planning Board for any recommendations. If the Town Board determines not to review the application, no further action on the application will be taken and the application fee and any unused escrow funds will be refunded to the applicant.

(6)

The Planning Board shall provide any recommendations on the application to the Town Board within 60 days of receipt of the referral from the Town Board. This time period may be extended with the consent of the applicant. The Town Board shall, within 45 days following receipt of any recommendations from the Planning Board (or expiration of the time for the Planning Board to comment), hold a public hearing on the proposal, with public notice as provided by law, as in the case of a zoning amendment. If, however, a positive declaration of environmental significance is issued, the hearing shall be held after the acceptance of the DEIS as complete, preferably at the same time as the hearing on the DEIS.

(7)

The Town Board, after completion of the SEQRA process and any referrals required pursuant to General Municipal Law § 239-m, may then adopt a local law or local laws establishing the PRRD and amending the Town Zoning Map to define the PRRD subject to the conceptual plan and any conditions imposed by the Town Board. Any decision by the Town Board to approve, approve with conditions or disapprove a PRRD application shall be supported by written findings based on the factors set forth in Zoning Code § 100-23.2A(6), any waivers sought for the proposed PRRD and any other considerations that the Town Board deems relevant. Such action shall have the effect only of granting the applicant permission to apply to the Planning Board for site plan review of the PRRD consistent with the conceptual plan approved and any conditions imposed by the Town Board.

(8)

Any proposed modification to the requirements an approved PRRD, including but not limited to proposed changes to approved use, density or area requirements, may be considered by the Town Board pursuant to this section.

Site plan review process; Planning Board action.

(1)

If the PRRD is approved by the Town Board, the Planning Board, within 45 days after the approval, shall schedule a meeting with the applicant to commence site plan review. The site plan review will be conducted in accordance with Chapter 100, Article VIII, § 100-53, of the Town Code (Site plan review). If necessary due to technical or engineering considerations, the Planning Board may reduce, but cannot increase, the maximum number of dwelling units or rooms and total square footage of buildings and other impervious surfaces approved by the Town Board.

(2)

PRRDs shall be considered as a single parcel for the purpose of applying the regulations.

(3)

In conducting its site plan review for the PRRD, the Planning Board shall consider, among other things, the standards listed in Subsection A(6)(a) through (l) above, as well as any conditions imposed by the Town Board.

(4)

Any site plan approval issued by the Planning Board for a PRRD shall expire in accordance with the provision of Zoning Code § 100-53F(6).

(5)

The tract or tracts of land under application for consideration for a PRRD 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 deeded owners or their agent of all parcels included in the project. In the case of multiple ownership, the approved PRRD plan shall be binding upon all the owners, and such owners shall provide written certification to the Town demonstrating that the approved plan is binding upon all owners. Written notice of any transfer of the lands comprising a PRRD, including the names of the new owner or owners, shall be provided to the Town within 30 days of transfer.

Permitted uses and buildings.

(1)

Principal uses/buildings. Principal uses in a PRRD shall be limited to independent living units, enriched housing, adult homes, assisted living facilities, memory care facilities and nursing homes for persons 62 years of age and older.

(2)

Accessory uses/buildings in a PRRD shall include the following:

(a)

Buildings and/or facilities designed or intended for the administration or maintenance of the PRRD;

(b)

Off-street parking facilities and utilities;

(c)

Buildings and/or facilities designed or intended for storage of residents' vehicles, personal belongings or equipment for an approved use;

(d)

Facilities/buildings for the sole use of the residents of the PRRD and their guests, including, but not limited to, the following: clubhouse, restaurant and/or snack bar, swimming pool, tennis and/or pickle ball courts, shuffleboard courts, picnic grounds, community gardens, community center and hiking trails, or any other amenities desirable for the implementation and development of the community. All such facilities/buildings, however, shall be subordinate and incidental to the residential character of the community;

(e)

Maintenance-related storage sheds; and

(f)

Such other uses/buildings as may customarily be accessory to this type of community.

(3)

Uses/buildings permitted on review. Upon review and approval of the Town Board, the following additional uses may be permitted: urgent care facilities, adult day-care buildings and other uses in the sole discretion of the Town Board deemed supportive of the special needs of a particular PRRD.

Prohibited uses and buildings: any use or building not specifically permitted.

Maximum density.

(1)

For purposes of determining available acreage for calculating density in a PRRD, the buildable acreage shall be based on gross acreage less the square footage of nonresidential buildings.

(2)

The maximum permitted density for dwelling units ("du") and rooms in a PRRD will be:

(a)

For independent living units, four du/ac; and

(b)

For enriched housing, adult homes, assisted living facilities, memory care facilities and nursing homes, 12 rooms/ac.

(3)

The acreage proposed for allocation to independent living units at four du/ac shall be added to the acreage proposed for allocation to facilities providing multiroom housing at 12 rooms/ac and the combined acreage thus allocated shall not exceed the total amount of buildable acreage in a PRRD.

(4)

The ratio of independent living units to rooms in a PRRD shall not exceed 1.5 to one.

(5)

Independent living units shall be clustered in the PRRD to promote a more dense neighborhood design and to maximize open space.

Area and bulk regulations.

(1)

A PRRD shall contain at least 25 contiguous acres of land.

(2)

There shall be no minimum lot size applicable to dwelling units or other principal buildings in a PRRD, however, the Town Board can impose minimum spacings and yard sizes in the approval process.

(3)

Minimum building setbacks shall be:

(a)

Front-yard building setback: 50 feet from lot line;

(b)

Side-yard building setback: 50 feet from lot line;

(c)

Rear-yard building setback: 50 feet from lot line; and

(d)

Dense vegetative screening shall be required for side and rear setback areas to limit visual impacts on adjoining residential districts in accordance with Zoning Code § 100-15B(12).

(4)

Maximum coverage: The maximum permitted coverage of gross site area on a PRRD site shall be 40% for buildings and other impervious surfaces.

(5)

No parking areas shall be located within 50 feet of adjoining residential districts and the side or rear-yard setback area shall include dense vegetative screening in accordance with Zoning Code § 100-15B(12) to minimize visual impacts on the residential district.

(6)

Height of buildings: The maximum building height for any building shall be 35 feet and 2 1/2 stories.

Spacing and design of buildings within a PRRD.

(1)

The location of all buildings shall be as shown on the final PRRD site plan approved by the Planning Board, which must be consistent with the conceptual site plan approved by the Town Board.

(2)

The proposed location of all buildings shall be in harmony with existing or prospective adjacent uses and to the existing or prospective development of the neighborhood.

(3)

Buildings shall be clustered to reduce site disturbance, to promote an interconnected neighborhood character throughout the PRRD, and to encourage and protect open spaces, natural and environmentally sensitive areas.

(4)

Building design shall avoid use of long, unbroken facades, and shall include use of balconies, offset walls, trellises and other design features.

(5)

Building design, colors and materials shall generally correspond to the natural setting of the project site, and to any prevalent design styles that may occur in neighborhoods within the general project area.

Parking area requirements. Each required parking space in a parking area shall be 10 feet wide and 20 feet long with a minimum aisle width of 22 feet, in compliance with Americans with Disabilities Act access regulations. The slopes in parking areas shall be no more than 5%. The following minimum number of parking area spaces shall be provided:

(1)

Unless accessory buildings or facilities in the PRRD provide an equal number of spaces for the storage of residents' vehicles:

(a)

One space per independent living unit;

(b)

One space per two enriched housing, adult home or assisted living facility rooms; and

(c)

One space per six memory care facility or nursing home rooms.

(2)

One space per two independent living units for visitor parking.

(3)

One space per employee on maximum shift.

Vehicular and pedestrian circulation system and traffic access.

(1)

The arrangement of public and common ways for pedestrian and vehicular circulation in relation to other existing or planned streets in the area, together with provisions for street improvements, shall generally comply with standards set forth in Chapter 89, Streets and Sidewalks, of the Town of Lloyd Code. However, the uniqueness of each PRRD proposal may require that specifications for the width and surfacing of streets, public ways, public utility rights-of-way, curbs and other standards be subject to modification upon application from the developer and good cause shown. The Planning Board may permit changes or alterations of such standards that are consistent with the spirit and intent of this section, subject to approval by the Town Highway Superintendent.

(2)

Pedestrian circulation system. In each PRRD, a pedestrian circulation system shall be designed and installed, in addition to the vehicular circulation system, which is sufficient for the needs of its residents. Such a system might be composed of a combination of paved and unpaved walkways and bikeways of appropriate width, design, and location to serve their intended function. Walkway widths shall be five feet minimum. Walkway slopes shall be 5% maximum. There shall be no steps in the walkways.

Utilities.

(1)

The provision of underground utilities (including electricity, telephone and cable television) in both public and private extensions thereof shall be mandatory in every PRRD.

(2)

Provisions shall be made for acceptable design and construction of stormwater facilities, including grading, gutters, piping, and treatment of turf to handle stormwater and prevent erosion.

(3)

Refuse collection. All collection facilities and containers shall be permanently screened in a manner that is sufficient to completely remove facilities from sight. If individual dwelling receptacles, such as garbage cans, dumpsters, etc., are part of the plan, those receptacles shall be placed in their locations of collection no more than 18 hours before the collection and shall be removed no more than 18 hours after collection.

(4)

Maintenance responsibilities.

(1)

The applicant shall prepare and submit to the Town Board a proposed written program for the maintenance of all buildings and lands within the PRRD, including open space and recreation areas, landscaping, walkways, driveways, parking areas and other common utilities and facilities.

(2)

The responsibility for the maintenance program shall be fixed on a legal entity and the terms of the maintenance program shall demonstrate, to the satisfaction of the Town Board, how such responsibility will be enforceable by the Town against such entity or any successor in interest.

Open space.

(1)

At least 1/3 of the gross acreage of any PRRD shall be placed in a conservation easement, with deed restrictions against future development and delineated on a map for review and approval by the Town Board, and shall also be approved by the Town Attorney and Planning Board and filed with Ulster County.

(2)

All areas designated as permanent open space in a PRRD shall conform to the following requirements:

(a)

Such areas shall be recorded directly on the site plan, and notes shall be added thereon excluding such open space areas from any other undeveloped area of the PRRD; and

(b)

A written agreement between the owner or his agent and the developer shall be approved by and filed with the Town Board. This written agreement shall cover the deed, title, and dedication, if any, of all such open space areas, as well as the provision for any developmental or maintenance costs. The Town may require that security be posted covering such cost items. The Town Attorney and the Town Board shall approve the amount, duration, form, and manner of execution of said security.

§ 100-23.3 Adaptive Reuse Overlay District.

[Added 4-20-2022 by L.L. No. 1-2022]

Findings and purpose. The Town of Lloyd finds that establishing an overlay district to encourage the adaptive reuse of specific types of unused or underutilized buildings and the properties containing such buildings may substantially advance the Town's efforts to meet its commercial and housing needs. Buildings such as coolers, warehouses, and similar uses have the potential for being redeveloped into housing and commercial spaces to better serve the residents of the Town. The purposes of the Adaptive Reuse Overlay District shall include the following:

(1)

To enhance retail and commercial opportunities to serve local needs in areas where commercial uses would not ordinarily be allowed.

(2)

To provide a varied housing stock to allow residents of all income levels access to housing.

(3)

To incentivize property owners to invest in the reuse or redevelopment of existing buildings where the existing or original use does not best serve the community's commercial and housing needs, rather than have those buildings age without productive use or become a blight on the community.

Boundary. The Adaptive Reuse Overlay District shall be co-extensive with lands in the Town served by Town of Lloyd water and sewer. Should a proposed project fall within an existing overlay zone, such as the Hamlet Overlay District, the existing overlay zone will take precedence in application of regulations.

Eligibility. Properties within the Adaptive Reuse Overlay District that: 1) contain an existing nonresidential building that is unused or underutilized; and 2) involve a proposal for reuse of the building and/or property for commercial and/or residential purposes.

Procedures. Eligible adaptive reuse projects shall be subject to special use permit review by the Planning Board, subject to consultation with and comments from the Town Board with respect to the uses, density and public benefits to be allowed for any project. Prior to filing an application for an adaptive reuse project, the applicant shall participate in a preapplication consultation process with the Planning Board and Town Board to discuss the uses, density and public benefits proposed. In addition, before making any SEQRA or special use permit determination on an adaptive reuse project, the Planning Board will refer the project and any supporting information developed through the Planning Board's review to the Town Board for comments with respect to the uses, density and public benefits proposed. The Town Board shall provide any such comments to the Planning Board within 30 days of the referral and the Planning Board shall not act contrary to such comments without written findings explaining its reasons for doing so.

Permitted uses. Permitted uses for an adaptive reuse project shall be specified by the Planning Board in any special use permit and may include retail businesses, service businesses, restaurants and apartments. A mixture of such uses is allowed and encouraged.

Permitted residential density. Density requirements for an adaptive reuse project shall be specified by the Planning Board in any special use permit. As an incentive for an adaptive reuse project, the Planning Board may allow for more density than permitted in the underlying zoning district based on findings made in the special use permit consistent with Zoning Code § 100-35K(1)(a) to (d). Any adaptive reuse project proposal for additional density as an incentive shall include a proposal for community benefits to be accepted by the Town Board. Proposed community benefits may include:

(1)

Construction or improvements to parks or other recreational facilities;

(2)

Construction or improvements to public pedestrian pathways, including but not limited to sidewalks, walking paths, hiking pathways, and other paved or unpaved walkways;

(3)

Construction or improvements to other public works or infrastructure;

(4)

Cash for such construction or improvements in lieu of a proposal to undertake the proposed work; or

(5)

Any other community benefit that the Town Board determines to be in the best interest of the community.

Dimensional standards. The following dimensional standards shall apply to adaptive reuse projects:

(1)

Structures:

(a)

Renovated or new building will be limited to the existing building footprint.

(b)

The height of the renovated or new building shall not exceed that of the existing building, or 40 feet, whichever is taller.

(c)

All other new or expanded structures shall comply with the dimensional requirements in the underlying zoning district.

(2)

Minimum lot size: 1/4 acre.

(3)

Minimum floor area required for apartments:

(a)

Efficiency apartment: 500 square feet.

(b)

One-bedroom apartment: 700 square feet.

(c)

Two-bedroom apartment: 900 square feet.

(d)

Three-bedroom apartment: 1,050 square feet.

(e)

Four-bedroom apartment: 1,200 square feet.

Adaptive reuse project design standards.

(1)

Off-street parking, loading and vehicular access shall be provided as required by Zoning Code § 100-29.

(2)

Signs shall be permitted in accordance with the allowable signage for the Central Business and Waterfront Business Districts as provided in Zoning Code § 100-28H(1).

(3)

Outdoor lighting shall comply with the provisions of Zoning Code § 100-27. Pedestrian-friendly, scaled lighting should be used throughout. Lighting should be, at least partly, of the cutoff design. All fixtures must be fully shielded.

(4)

Sidewalks shall be provided along the frontage of the subject lot(s) where practicable.

(5)

Buffering and screening requirements, along with requirements to address other aesthetic considerations, may be imposed as part of the Planning Board's review of the proposed adaptive reuse project based on the characteristics of the site, neighborhood and proposed new use.

§ 100-24 Traditional Neighborhood Development and Mixed Use Development Overlay Districts.

The Traditional Neighborhood Development Overlay (TND-O) District and the Mixed Use Development Overlay (MUD-O) District are hereby established as overlay districts.

The purpose of the TND-O and MUD-O Districts is to permit increased density, on a case-by-case basis, subject to review and approval by the Town Board, for lands in the TND and MUD Districts beyond what is allowed in those districts through the Town's incentive zoning program, as detailed in § 100-35 of this chapter.

Purposes.

(1)

In conformance with the Town of Lloyd Comprehensive Plan, the purposes of the Traditional Neighborhood Development (TND) District and the Mixed Use Development (MUD) District are as follows:

(a)

To provide a range of housing types and price levels to accommodate a variety of age and income groups and residential preferences. See § 100-36 for affordable housing regulations.

(b)

To create an interconnected network of narrow, tree-lined streets that slow traffic and promote pedestrian activity, and to provide for the connections of those streets to existing and future developments.

(c)

To ensure that buildings and landscaping contribute to the physical definition of streets as public spaces.

(d)

Purposes specific to the TND District: to ensure that development adjacent to the Hamlet of Highland is designed to conform to the hamlet's traditional compact, pedestrian-oriented neighborhood pattern.

(e)

Purposes specific to the MUD District:

[1]

To develop a unified project designed in accordance with the conservation subdivision design provisions of § 100-34 of this chapter and § 90-6 of the Town Code.

[2]

To create new neighborhoods with a variety of housing types and complementary nonresidential uses and containing both individual building sites and common property which are planned and developed as a unit.

[3]

To permit greater flexibility in the application of bulk and area specifications and encourage the utilization of innovative planning and design concepts and techniques.

[4]

To more conveniently locate accessory commercial and service areas scaled to serve the day-to-day needs of the MUD District residents and designed to create a traditional, walkable neighborhood with attractive landscaping and building design.

[5]

To preserve and protect forested areas, wetlands and other surface waters, significant habitats, scenic views, outstanding natural topography and geologic features, and prevent soil erosion.

[6]

To respect and further the values of scenic areas of statewide significance and the Waterfront Bluff Overlay District, if applicable, taking into consideration the historic and cultural fabric of the area.

(2)

In order to preserve the rural and agricultural character of the Town, density in the TND District and the MUD District may be increased under the Town's incentive zoning program as outlined in § 100-35, which is designed to preserve farmland in the Agricultural District.

(3)

All public and private roads constructed as part of TND and MUD projects in the Town will be encouraged to be open and connected to adjacent roads to ensure public safety with easy access to residential neighborhoods by police, fire and ambulance services and to maintain neighborhood connectivity.

Applicability.

(1)

This section uses the terms "shall" when required, "should" when recommended, and "may" when preferred.

(2)

In the event of any conflict, the provisions of this section shall take precedence over other sections of the Town of Lloyd Zoning Law and Subdivision Regulations.[1]

[1]

Editor's Note: See Ch. 90, Subdivision of Land.

(3)

Terms used throughout this section shall take their commonly accepted meanings unless defined in § 100-24S, Definitions. In the event of a conflict between these definitions and those of other sections of the Town of Lloyd Zoning Law and Subdivision Regulations, those of this section shall take precedence. The definitions in § 100-24S contain regulatory language that is integral to this section.

General procedures.

(1)

Except as specifically set forth below, development of any parcel in the TND and MUD Districts shall comply with the requirements of Article VIII, Site Plan Review, of this chapter and Chapter 90, Subdivision of Land, of the Lloyd Code, in addition to the requirements of this section.

(2)

Prior to the issuance of any building permit within the TND and MUD Districts, a detailed site plan shall be approved by the Planning Board, and no building or site development shall be carried out except in conformity with such approved plan.

(3)

TND and MUD site plans shall be prepared by the applicant.

(4)

The simultaneous planning of adjacent parcels is strongly encouraged.

(5)

Site plans and subdivision plans shall be developed in accordance with a survey of existing conditions showing the site, adjacent developments, connecting thoroughfares, natural and cultural features. The design of a TND and MUD site plan shall take into account these existing conditions to the satisfaction of the Planning Board.

(6)

The Town's Geographic Information System (GIS) identifies resources to be taken into account in the design of a TND and MUD. This includes wetlands, floodplains, and other valuable environmental resources to be protected and integrated into the neighborhoods as assets.

(7)

All buildings and associated site improvements are subject to design review by the Planning Board in accordance with the provisions of this section.

(8)

Connection to existing municipally owned facilities is the preferred means of providing water and sewer services in the TND District. Where municipally owned facilities are not available in the TND and in the MUD Districts, water and sewer services will be provided by community systems to be included in special improvement districts at the discretion of the Town Board. Homeowners' association owned systems are not preferred.

Application; review; public hearing; action.

(1)

Applications for a TND or MUD shall be made to the Town Board.

(2)

Planning Board review. Upon receipt of the complete application by the Town Board, three copies shall be referred to the Planning Board for review and report. Within 45 days of the date of the Planning Board meeting at which such referral is received, the Planning Board shall report its recommendations back to the Town Board. No action shall be taken by the Town Board until receipt of the Planning Board report or the expiration of the forty-five-day period, whichever comes first.

(3)

Public hearing. Within 30 days of the Town Board's receipt of the Planning Board report, or the expiration of the forty-five-day Planning Board review period, whichever occurs first, the Town Board shall hold a public hearing on the application in the same manner as prescribed by law for zoning amendments.

(4)

Action by Town Board. Within 45 days of the date of the public hearing, the Town Board shall act to either approve, approve with modifications, or disapprove the application for increased density in the TND-O or MUD-O District.

(5)

To promote optimum use of the parcel in the future, applicants may be required to prepare a conceptual master plan for their entire parcel whenever an application to subdivide a portion of a larger lot is submitted for a TND and MUD. The development of a master plan is intended to provide the surrounding community and the Town with information about, and an opportunity to comment on, the TND/MUD's future development. The plan also allows the applicant and the Town to address the effects of future development. Finally, an approved master plan is intended to ensure that the uses will be allowed to develop in a manner consistent with the plan. Master plans may be completed at various levels of detail. Generally, the more specific the plan, the less review that will be required as the future permitted uses are built.

(6)

Sketch plan. The TND/MUD site plan shall first be presented in a conceptual form as a sketch plan. Endorsement of the sketch plan does not commit the Town Board nor the Planning Board to approval of the detailed site plan but is a way for the applicant and the Town Board and Planning Board to discuss overall planning concepts. Prior to endorsing the sketch plan, the Town Board is encouraged to hold a public informational meeting on the sketch plan before detailed engineering and site design is undertaken. An applicant wishing to develop a TND or MUD shall submit to the Town Board eight copies of the following:

(a)

A sketch plan, at a scale of one inch equals 100 feet or one inch equals 200 feet, whichever would fit on a single standard-size (for example, 24 inches by 36 inches) sheet. The sketch plan shall show the following:

[1]

Aerial photograph and analysis showing the relationship of the project site to surrounding properties, streets, trails, parks, and greenway systems.

[2]

Natural features of the site, including soil types, topography (with contours at five-foot intervals), wetlands, streams, water bodies, floodplains, aquifers and aquifer recharge areas, steep slopes, mature forests, isolated trees with a caliper in excess of 12 inches, and habitats of endangered or threatened species. For an MUD, the following additional information shall be identified: active farmlands, lands within a certified agricultural district and/or soils within Soil Group 1 through 4 of the New York State Land Classification System. This data may be based on readily available data from published sources, such as aerial photographs, USGA topographical sheets, Town of Lloyd GIS, FEMA floodplain maps, Tax Maps, and NYSDEC and U.S. Fish and Wildlife Service wetlands maps.

[3]

Known cultural and historic resources, hedgerows, stone walls, scenic viewsheds, and other similar assets.

[4]

The locations of all proposed streets and connections to adjacent streets, structures, civic spaces, recreation facilities, and parking areas; proposed lot sizes and setbacks; the disposition of buildings and their relationship to streets and parking areas; and the general building types proposed.

[5]

A description of present uses, proposed uses and accessory uses. The description shall provide information as to the general amount and type of each use, including but not limited to residential, recreational, retail, services, office, and lodging, as permitted in the district in Subsection H herein.

[6]

A narrative description of the project setting forth its purpose, design objectives, community benefits, and impact on the area in which the project is proposed, as well as its projected impacts on the Town, and a discussion of the project's consistency with the Town of Lloyd Comprehensive Plan and the Town of Lloyd's Local Waterfront Revitalization Program. The description shall include a written analysis of the project's fulfillment of the Town's affordable housing requirements as set forth in § 100-36 of this chapter. If the applicant is applying for incentives under the Town's incentive zoning provisions as set forth in § 100-35 of this chapter, a written analysis of the number of incentive units and the community benefit proposed shall also be provided.

(b)

Required application fee, and in addition, the applicant must pay all special consulting fees for engineers, planning consultants, and attorneys retained by the Town in accordance with § 100-57 as required by the Town Board. The applicant shall pay all required fees prior to the Town Board's consideration of the application by depositing funds with the Town and upon the request of the Town replenishing said account.

(7)

Detailed site plan. Upon endorsement of the sketch plan by the Town Board, the applicant shall submit five copies of the following:

(a)

An analysis of permitted density.

(b)

A detailed site plan for the entire development or for the phase initially proposed for development, showing the following:

[1]

Relationship to surrounding properties, streets, trails, and potential greenway systems.

[2]

All improvements planned in conjunction with the proposed uses, including information required in § 100-23E(4); the vehicle circulation system, including existing and potential connections to adjacent streets and properties; the pedestrian and bicycle circulation system, including connections between major buildings and activity areas within the project boundaries; the location, size and proposed surface treatment of all vehicle parking areas; building elevations; square footage of building floor area; numbers and types of residential units, including bedroom count and proposed floor plans; impervious surface coverage; proposed landscaping and planted areas, with identification of sizes and types of vegetation to be used, and method to ensure long-term survival; the location, size and design of all existing and proposed improvements, including the stormwater drainage, water supply and sewage disposal systems, retaining walls, recreation facilities, and other similar features; the location, type, and size of any proposed signs and exterior illumination; and any additional information that will assist the Town Board in its review of the application for the TND or MUD.

[Amended 9-8-2010 by L.L. No. 13-2010]

[3]

Parks, greens, conservation areas, trails, and recreational facilities.

[4]

The name and address of the licensed architect or engineer preparing the site plan; the date the site plan was prepared and revision dates, if any; the North arrow and scale of the drawing; total acreage of the site; location and dimensions, in feet, of all lot boundaries; and a detailed schedule of the number, size and type of dwelling units proposed, sidewalks, streetlighting and hydrants.

[5]

Written agreements providing for the future ownership and maintenance of all commonly owned or used portions of the proposed development, including the proposed bylaws for any homeowners' association, if proposed.

[6]

A copy of any architectural design code to be enforced by the developer and/or a homeowners' association, if any, which shall be consistent with § 100-24K. Whether or not such design code is proposed, the TND/MUD shall demonstrate compliance with § 100-24K.

[7]

The procedure for the review of a subdivision plat, if proposed, shall comply with the requirements of the Town's Subdivision Regulations,[2] except that such plat shall not be approved unless and until the TND/MUD site plan is approved if such subdivision involves the creation of separate building lots.

[2]

Editor's Note: See Ch. 90, Subdivision of Land.

[8]

When subdivision involves creating individual building lots, each lot shall be defined by permanent corner stakes and identified with a permanent marker showing the parcel number corresponding to the approved site plan, which stakes and markers shall be laid prior to the issuance of any building permit.

[9]

Information on the proposed construction sequence for buildings.

(c)

Full environmental assessment form (EAF).

(8)

Project phasing. The purpose of this subsection is to ensure that growth in a TND District and MUD District occurs in an orderly and planned manner that allows time for preparation to maintain high-quality services for an expanded residential population, while allowing a reasonable amount of additional residential growth during those preparations. This subsection will relate the timing of development in a TND District and a MUD District to the Town's ability to accommodate the growth in population generated by such projects.

(a)

The regulations of this subsection shall apply to all applications for creation of a new dwelling unit or units in a TND and a MUD District. Dwelling units shall be considered as part of a single development, for purposes of development scheduling, if located either on a single parcel or contiguous parcels of land which have been in the same ownership at any time subsequent to the date of adoption of this chapter.

(b)

The proposed sequence of phasing of the construction of infrastructure and buildings, and the ratio of residential, retail, and other nonresidential floor space, if permitted, to be built in each phase, estimated dates, and interim uses of property awaiting development, shall be identified.

(c)

Once a development schedule is approved, building permits shall be issued in conformity with that schedule.

(d)

In determining phasing, the Town Board or the Planning Board shall be guided by the findings of the SEQR review of proposed developments which shall include an environmental assessment of traffic impacts, economic impacts, cumulative impacts, including developments proposed in the Town and in surrounding communities, and other appropriate studies as determined necessary by the Planning Board. The Planning Board shall also be guided by the following criteria:

[1]

Ability of the Town to adequately serve the proposed development with streets, utilities, drainage, educational and protective services. TND and MUD developers remain responsible for ensuring that the water and sewer service needs of the TND/MUD developments are adequate and shall construct needed facilities or shall make a financial contribution to the construction of such facilities.

[2]

Provision of housing needs for diverse population groups. Special consideration may be given to the scheduling of developments that include units that are designated as affordable units as defined in §§ 100-8 and 100-36 of this chapter.

[3]

Commitments already made in the development schedules for approved developments.

[4]

Site design that responds to, incorporates and protects natural features such as vegetation, topography, watercourses and views or which is designed to respond to the character of the neighborhood.

(9)

Review procedures. The site plan shall identify the procedures required for review of possible future phases if the plan does not contain adequate details for those phases under the initial review.

(10)

Amendments to TND/MUD site plans. Unless the approved TND/MUD site plan specifically provides differently, Planning Board approval shall be required for any proposed use or development that increases the amount, frequency, or scale of a use over 5% of what was approved. Examples include the number of dwelling units, number of employees, increase in floor area, or the number of vehicle trips or parking spaces. Supplemental SEQR review is required for amendments to the master plan.

(11)

Public hearing.

(a)

If an application for a TND and MUD requires subdivision plat approval by the Planning Board, the Town Board should hold a joint public hearing to consider both the site plan and subdivision, with the same notice and timing requirements as set forth for the approval of subdivision plats.

(b)

Once the Planning Board has received all necessary information and the public hearing has been closed, the Board shall follow the procedures outlined in the site plan/subdivision regulations in the Town of Lloyd Zoning Law and Subdivision Regulations.

Permitted density.

(1)

Density shall be calculated based on buildable acreage in accordance with the provisions of § 100-13C of this chapter.

(2)

Permitted density in the TND District shall be two dwelling units per buildable acre.

(3)

Permitted density in the MUD District shall be one dwelling unit per two buildable acres. Each MUD shall include a commercial component which shall be a minimum of 5,000 square feet and shall not exceed a total of 150,000 square feet of commercial space.

(4)

Residential density in the TND and MUD Districts may be increased up to a maximum of 12 dwelling units per buildable acre through the Town of Lloyd's open space incentive zoning provisions, as outlined in § 100-35 of this chapter. The Town Board, through its approval, shall determine the number of dwelling units allowed up to a maximum of 12 dwelling units per buildable acre based on dwelling unit types and environmental impacts as determined during the SEQR review of the application.

Permitted uses and standards.

(1)

Principal uses in the TND and MUD Districts.

(a)

Detached single-family dwellings, townhouses, two-family dwellings and multifamily structures designed with the appearance of a single-family home, as illustrated in Figure 24-1.

[1]

In the TND District, a minimum residential housing mix of three types is required, of which a minimum of 40% and a maximum of 60% shall be single-family homes.

[2]

In the MUD District, a minimum residential housing mix of three types, none less than 20%, is required. One of these types shall be detached single-family dwellings.


Figure 24-1: Multifamily Structures Designed to Resemble Single-Family Homes

(b)

[3]Open space uses, in accordance with the provisions set forth in this section.

[3]

Editor's Note: Former Subsection H(1)(b), regarding continuing care retirement communities, was repealed 10-21-2020 by L.L. No. 4-2020. This local law also renumbered former Subsection H(1)(c) and (d) as Subsection H(1)(b) and (c), respectively.

(c)

Principal uses specific to the MUD District only:

[1]

Retail and service businesses scaled to serve the day-to-day needs of the MUD neighborhood and including:

[a]

Banks, provided that drive-through facilities are located to the rear of the building and are adequately screened from public streets.

[b]

Restaurants.

[c]

Health/recreation facilities.

[d]

Day-care center and preschool.

[2]

Other commercial uses, including:

[a]

Offices, including business, professional and medical offices, and research uses.

[b]

Lodging facilities, including bed-and-breakfast establishments, hotels or country inns, and conference centers.

(2)

Accessory uses in the TND and MUD Districts.

(a)

Any accessory use customarily incidental to a permitted principal use, but not outdoor storage for permitted commercial uses.

(b)

Class I home occupations as provided in § 100-33 of this chapter.

(c)

Swimming pool, provided that such facility is not located in a front yard and is set back from lot lines at least the side yard distance from a principal building. Swimming pools shall be fenced as required by the New York State Uniform Fire Prevention and Building Code.

(3)

With the exception of continuing care retirement community, a separate special use permit shall not be required for any use if such use is shown on the approved TND or MUD master plan.

Open space requirements.

(1)

Open space requirements for the MUD District.

(a)

A MUD shall preserve at least 60% of the tract's gross acreage as permanent open space in conformance with the provisions for conservation subdivisions set forth in § 100-34D of this chapter. Parking areas and roads shall not be included in the calculation of the minimum required open space.

(b)

Open space standards shall be in accordance with the provisions for conservation subdivisions set forth in § 100-34 of this chapter and § 90-6 of the Town Code.

(c)

Permitted uses of open space lands shall be in accordance with the provisions for conservation subdivisions set forth in § 100-34 of this chapter and § 90-6 of the Town Code. Golf courses, marinas and equestrian facilities are also permitted uses of open space in a MUD.

(d)

In order to provide public gathering places for the MUD residents, each MUD shall include at least one main park or green, as defined herein and as illustrated below, which shall be centrally located in close proximity to the residential lots. The area of the park or green may be included in the open space requirement.

Figure 24-2: Park

Figure 24-3: Green

(e)

Open space lands shall be permanently protected in accordance with the provisions set forth in § 100-34E of this chapter.

(f)

Methods of ownership of open space lands shall be in accordance with the provisions set forth in § 90-6J of the Code.

(2)

Open space requirements for the TND District.

(a)

Certain places permanently dedicated for public use shall be required for each neighborhood and designated on the TND plan as civic spaces.

(b)

The permitted types of open spaces are greens, squares, and playgrounds, as defined herein and as illustrated in Figure 24-3 and below.

Figure 24-4: Square

Figure 24-5: Playground

(c)

A minimum of 5% of the TND's gross area should be assigned to civic space.

(d)

Each civic space should have a minimum of 50% of its perimeter fronting a street.

(e)

The ongoing maintenance of the required civic space may be supported by a homeowners' association established by the developer under state law or by such other method of ownership and maintenance as approved by the Town Board.

(f)

One civic space in the TND may be reserved for an elementary school. The developer or the Highland Central School District may organize, fund and construct an appropriate building as the need arises.

(g)

A civic buildings design and parking requirements shall be determined by the Planning Board based on the design standards (§ 100-24K) and parking standards (§ 100-24L) of this section, provided that civic buildings shall be distinctive and appropriate to a role more important than the other buildings that constitute the fabric of the neighborhood.

Streetscape requirements. Streets shall be designed as public spaces that encourage social interaction and that balance the needs of all users, including pedestrians, bicyclists and vehicular traffic, while providing access to lots and civic spaces. Streets shall consist of vehicular lanes and roadsides, as illustrated below and as defined herein. The vehicular lanes provide the traffic and parking capacity. The roadside is the area between the private lot line and the edge of the vehicular lanes. It includes sidewalks, tree lawns, street trees, streetlights, and curbing.

Figure 24-6: Streetscape Design

(1)

Streets shall be designed for the desired design speed of the neighborhood through which they pass. Permitted street types and designs are as provided in the Town of Lloyd's Traditional Neighborhood Street Standards. The permitted street type shall be subject to Planning Board approval.

(2)

The Planning Board shall give consideration to the ratio of building height to setback in the design of the streetscape. For every foot of a building's height (measured from the average finished grade to the eave) there should be no more than six feet of space in front of it, and preferably less, as illustrated below.

Figure 24-7: Streetscape Proportion

(3)

Pedestrian comfort shall be a primary consideration of the street. Design conflict between vehicular and pedestrian movement shall be decided in favor of the pedestrian.

(4)

Sidewalks shall be a minimum of four feet wide and shall be ADA compliant.

(5)

The street network should be designed to define blocks whose perimeter does not exceed 3,000 linear feet, measured as the sum of lot frontage lines. Longer blocks shall have pedestrian passages.

(6)

All streets shall terminate at other streets, forming a network. Internal streets shall connect wherever possible to those on adjacent sites or shall provide for potential connections to future developments. Culs-de-sac shall be permitted only when deemed by the Planning Board to be unavoidable due to natural site conditions. Where culs-de-sac are deemed to be unavoidable, continuous pedestrian circulation shall be provided by connecting sidewalks that link the end of the cul-de-sac with the next street or civic space through the use of pedestrian passages or paths, where feasible.

(7)

To the greatest extent practical, streets shall either continue through an intersection or terminate with a T-intersection directly opposite the center of a building or a view into an open space area.

(8)

Lots shall front on a street, except that 20% of the lots within each neighborhood may front on a pedestrian passage, as illustrated below.


Figure 24-8: Lots Facing Pedestrian Passages

(9)

Trails, if provided, should connect to existing or proposed trail networks wherever possible.

(10)

The elements of the roadside, including sidewalks, tree lawns, street trees, and streetlighting, shall be arranged as illustrated in Figure 24-6, and shall be designed in accordance with the Town's Traditional Neighborhood Street Standards in Chapter 89 of the Town Code and the following:

(a)

The edge of the vehicular pavement shall be detailed as a raised curb drained by inlets, or flush to a swale.

(b)

To provide a buffer between pedestrians on the sidewalk and traffic on the road, the tree lawn shall be located between the sidewalk and the street curb or pavement.

(c)

To provide shade for parked cars and to buffer pedestrians from vehicles on the road, street trees shall be provided in the tree lawn, as provided in § 100-24N, Landscaping standards.

(d)

The Planning Board shall require streetlights. All outdoor lighting shall comply with the provisions of § 100-27E of this chapter.

(11)

Where rear lanes or alleys are provided, they shall meet the following standards:

(a)

Lanes shall be permitted to access residential uses only. Alleys shall be required to access commercial or mixed uses.

(b)

Lanes and alleys shall be treated as private streets and shall not be dedicated to the Town. They may be dedicated to a homeowners' association or as common easements across the rear portions of the lots subject to establishment of a Common Use and Maintenance Agreement.

(c)

Lighting for lanes and alleys shall be provided on garages or on lighting poles and shall be fully shielded to prevent glare.

(d)

Lanes may be paved lightly to driveway standards, with drainage by inverted crown at the center and by percolation. They shall have gravel or landscaped edges with no raised curb. Street trees shall be planted in the tree lawn next to the lane or in rear yards of lots, averaging 30 feet on center. Pavement width shall be 12 feet as illustrated in Figure 24-9.

Figure 24-9: Rear Lane

(e)

Alleys should be paved to street standards, with drainage by inverted crown at the center or with roll curbs at the edges. Pavement width shall be 14 feet.

Design standards. The design standards regulate the aspects of private buildings that affect the public realm, such as building disposition, lot dimensions, and private frontage types.

(1)

Buildings and landscaping should contribute to the physical definition of the street as a public space.

(2)

Building disposition in relation to the boundaries of the lot shall be either edge yard, side yard, or rear yard as defined herein and as illustrated below.

	Figure 24-10: Appropriate Building Types
		Yard Types
	Edge-yard: a building that occupies the center of its lot with setbacks on all sides. The front yard sets it back from the frontage and is intended to be visually continuous with the yards of adjacent buildings. The rear yard can be secured for privacy by fences and a well-placed connecting building and/or garage or back building.
	Side-yard: a building that occupies one side of the lot with the setback to the other side. The visual opening of the side yard on the street frontage causes this building type to appear freestanding. This type permits climatic orientation in response to the sun or the wind.
	Rear-yard: a building that occupies the full frontage, leaving the rear of the lot as the sole yard. The continuous facade spatially defines the public thoroughfare. The rear elevations may be articulated for functional purposes. In its residential form, this type is the townhouse. For its commercial form, the rear-yard can accommodate substantial parking.

(3)

One principal building at the frontage, and one garage or back building to the rear of it, may be built on each lot. Lots with side yards that face a street may additionally be permitted one connecting building to reinforce the streetwall, as illustrated below.

Figure 24-11: Building Disposition
	1. Principal building 2. Connecting building 3. Garage

(4)

Facades shall be built parallel to the principal frontage line or parallel to the tangent of a curved principal frontage line.

(5)

Buildings shall define the public realm of the street through the use of consistent setbacks along the build-to line that shall establish the front yard setback for each block. The function of the build-to line is to spatially define the street as an outdoor room and to define the border between the public space of the street and the private realm of the individual lot. The build-to line shall be generally continued across side yard setback areas between buildings by using landscaping. The streetscape shall also be reinforced by lines of closely planted shade trees, and may be further reinforced by walls, hedges or fences which define front yards. Lots fronting on more than one street shall have a build-to line along each of the streets on which the lot fronts. In the case of an infill lot, setbacks shall match the predominant build-to line on the existing street.

(6)

Lots shall be platted or replatted according to the standards in Table 24-1.

Table 24-1: Lot Occupation, Setbacks, and Coverage for TND and MUD Districts
		TND District	MUD District
Lot width		22 feet minimum; 95 feet maximum	Lot sizes and dimensions may be freely disposed and arranged in conformity with the overall density standards and open space requirements herein
Building setbacks:
	Front	2 feet minimum; 18 feet maximum
	Side	6 feet minimum*
	Rear (principal building)	20 feet minimum
	Rear (back building)	3 feet minimum if no rear lane or alley, or 12 feet from center line of rear lane or alley
Maximum lot coverage		35% (by right) 45% (by incentive zoning)	Residential uses: 35% (by right); 45% (by incentive zoning) Commercial/mixed use: 50%
Maximum building coverage		12% (by right) 17% (by incentive zoning)	Residential uses: 12% (by right); 17% (by incentive zoning) Commercial/mixed use: 15%
Maximum building height: principal building		2 stories	2 stories
Maximum building height: back building		25 feet and 2 stories	25 feet and 2 stories
Maximum building height: connecting building		14 feet and 1 story	14 feet and 1 story

	Note:
	*	The Planning Board may approve a zero-foot side yard.

(7)

A variety of lot sizes should be provided, as illustrated in Figure 24-12, to eliminate the appearance of a standardized subdivision and to facilitate housing diversity and choice that meets the projected requirements of people with different housing needs. Lot widths should create a relatively symmetrical street cross section that reinforces the street as a unified public space.

Figure 24-12: Lot Size Variety

(8)

Garages and connecting buildings shall be clearly incidental to the principal building.

(9)

Buildings shall have their principal pedestrian entrances on a frontage line.

(10)

Private frontages are permitted as shown below.

Figure 24-13: Private Frontage Types
		Section	Plan	Permitted District/Use
a.	Common yard: Here the facade is set back substantially from the frontage line. The front yard remains unfenced and is visually continuous with adjacent yards. The deep setback provides a buffer from the street.			MUD/residential/ lodging
b.	Porch and fence: Here the facade is set back from the frontage line with an attached porch. A fence at the frontage line demarcates the yard. The porches shall be no less than six feet deep.			MUD/residential TND/residential
c.	Forecourt: Here the facade is close to the frontage line and the central portion is set back. The forecourt created is suitable for vehicle dropoffs. This type should be allocated in conjunction with other frontage types. Large trees within the forecourts may overhang the sidewalks.			TND/residential
d.	Stoop: Here the facade is aligned close to the frontage line with the first story elevated from the sidewalk to secure privacy. The entrance is usually an exterior stair and landing.			TND/residential
e.	Shopfront and awning: Here the facade is aligned close to the frontage line with the building entrance at sidewalk grade. This type is conventional for retail use. It has a substantial glazing on the sidewalk level and an awning that may overlap the sidewalk to the maximum extent possible.			MUD/retail, service, office, lodging

(11)

Additional design standards specific to the MUD District.

(a)

A MUD shall be designed in accordance with the requirements and procedures for a conservation subdivision as found in § 100-34 of this chapter and § 90-6 of the Town Code. The site plan shall cluster and orient structures to retain views, preserve open space, and provide visual organization to the development.

(b)

MUDs located in the Waterfront Revitalization Area shall be designed in compliance with the policies and recommendations of the Town of Lloyd's Local Waterfront Revitalization Program.

(c)

MUDs located within the Waterfront Bluff Overlay District (WBOD) shall conform to the requirements of the WBOD regulations.

(d)

Siting of structures and other development such as highways and signs shall be set back from the ridgeline of the Hudson River bluffs a minimum of 100 feet and shall be located in inconspicuous locations to maintain the attractive quality of the shoreline and to retain views to and from the shore. Views of development from the Hudson River shall be concealed by vegetation and shall be permanently protected from clear-cutting with a conservation easement in accordance with the provisions of § 100-34E of this chapter.

(e)

The site shall maintain and add vegetation to provide interest, blend structures into the site, and obscure unattractive elements.

(f)

Use of appropriate materials, in addition to vegetation, to screen unattractive elements should be encouraged.

(g)

In order to be consistent with the scale of buildings in traditional villages and hamlets, the maximum footprint for a retail or service building shall be 5,000 square feet, and the maximum footprint for office buildings shall be 8,000 square feet.

(h)

The maximum footprint for all other nonresidential buildings shall be 25,000 square feet.

(i)

Equestrian facilities shall have a minimum lot area of 10 acres. Buildings or other fully enclosed structures associated with the facility shall be located not less than 100 feet from any property line, and not less than 250 feet from any neighboring residence. No riding ring or manure storage areas shall be located within 100 feet of any lot line, nor shall any manure storage area be located within 200 feet of any stream or other water body or well providing a source of potable water, nor within 200 feet of the nearest neighboring residence.

(j)

For any commercial facility, the applicant shall set forth the likely hours of operation and the number of employees.

Parking standards. Off-street parking facilities shall be provided in accordance with the requirements of § 100-29 of this chapter and shall be subject to the following special standards for the TND and MUD Districts:

(1)

For residential uses in the TND and MUD Districts:

(a)

All garages shall be located in the third layer, as illustrated in Figure 24-14.

(b)

Parking shall be permitted in a driveway in the second or third layer. A driveway in the second layer may be used for parking if it is no more than 12 feet wide.

(c)

Off-street parking shall be accessed from the frontage by means of a driveway or from a rear lane or alley.

(2)

For commercial uses in the MUD District:

(a)

All off-street parking areas shall be located in the third layer, as illustrated in Figure 24-14, and shall be screened from view from a secondary frontage by a streetscreen or appropriate landscaping as determined by the Planning Board.

(b)

Off-street parking should be accessed from a rear alley.

(c)

Pedestrian access to all parking lots should be directly from a frontage line by means of a pedestrian passage.

(d)

In order to minimize the amount of impervious surfaces, on-street parking available along the frontage lines that correspond to each lot may be counted toward the parking requirement of the building on the lot.

Figure 24-14: Lot Layers

Architectural standards.

(1)

To enhance the local sense of place, buildings shall be either traditional in their architectural character or be a contemporary expression of traditional styles and forms. Buildings shall reflect the scale, proportion, character and materials of historic village structures in the TND District and of historic riverfront structures compatible with the landscape and scenic views from the Hudson River in the MUD District.

(2)

To affirm to continuity and evolution of society, existing buildings, if determined to be historic or architecturally significant, shall be protected from demolition or encroachment by incompatible structures or landscape development. The U.S. Secretary of the Interior's Standards for Rehabilitation of Historic Properties shall be used as the criteria for renovating historic or architecturally significant buildings.

(3)

A variety of architectural features and building materials is required to give each building or group of buildings a distinct character. Repetitive, cookie-cutter architecture shall not be permitted.

(4)

Buildings of 40 feet or more in width along a frontage shall be visually divided into smaller increments to reduce their apparent size and contribute to a human-scale development. The mass of these buildings shall be de-emphasized in a variety of ways through architectural details such as divisions or breaks in materials, window bays, separate entrances and entry treatments, and variation in roof lines, as illustrated in Figure 24-15.

Figure 24-15. Variety of Facade and Roof Treatments for Large Buildings

(5)

The exterior finish materials on all facades shall be limited to natural building materials such as brick, stone, stucco, wood, and wood shingles. Smooth-finish fiber cement siding is also permitted if it simulates the natural material and has equal or better weathering characteristics. Balconies and porches shall be made of wood, wood composite and/or earth-based materials such as brick, stone, fiber cement siding and/or stucco. Railings shall be made of wood, wood composite, or metal. Vinyl shutters, plastic gutters, or similar materials should be avoided.

(6)

Buildings shall have sloped roofs, with the exception of townhouses and nonresidential structures, which may have mansard roofs or flat roofs with articulated parapets and cornices; in such cases, parapets shall be a minimum of 42 inches high or as required to conceal mechanical equipment to the satisfaction of the Planning Board. Sloped roofs shall have a minimum pitch of 9:12, except for porches and attached sheds, which may be no less than 2:12. Larger buildings may require a combination of roof types and pitches to break up the facade, as illustrated above. Roofs should be covered in shingle (slate, wood, and asphalt/fiberglass) or metal (such as standing seam).

(7)

All windows, with the exception of storefronts, shall be vertical in proportion. Multiple panes divided by muntins are encouraged, in accordance with the style of the building. True divided lights or simulated divided lights shall be used rather than windows with snap on grids. Mirrored, reflective, or darkly tinted glass shall not be permitted.

(8)

Along frontages, doors and windows that operate as sliders are prohibited.

(9)

The facades on retail frontages shall be detailed as storefront and glazed no less than 70% of the sidewalk-level story.

(10)

Front porches shall be no less than six feet deep.

(11)

Fences, if provided, shall be located at the frontage line, as illustrated in Figures 24-6 and 24-13, and may be provided at lot lines. The maximum height of a fence in a front yard shall be three feet; corner lots shall be considered to have two front yards. The maximum height of a fence on the rear yard shall be six feet. Fences along a side yard shall have a maximum height of three feet from the frontage line to the building facade, and a maximum of six feet from the building facade to the rear yard line. Fences shall be installed with the finish side out and shall not be made of chain link.

(12)

Wherever possible, building materials and systems should be used that meet the established standards and practices of the U.S. Green Building Council and "Leadership in Energy and Environmental Design" (LEED) program.

Landscaping standards.

(1)

The introduced landscape shall consist primarily of native species requiring minimal irrigation, fertilization and maintenance. Invasive species shall not be used.

(2)

All street trees shall have a minimum caliper of 2 1/2 inches measured at breast height at time of planting.

(3)

Street trees shall be located in the tree lawn between the sidewalk and the street curb or pavement.

(4)

Multiple species of street trees shall be used on each street.

(5)

Street trees shall be hardy varieties, tolerant of soil compaction and salt, drought resistant, and free of objectionable droppings such as seed pods. Appropriate species include, but are not limited to, pin oak, northern red oak, green ash, ginkgo biloba (male), thornless honey locust, London planetree, Japanese zelkova.

(6)

Street trees shall be planted a maximum of 30 feet on center. The spacing may be adjusted to accommodate specific site conditions, such as topography and building entrances.

(7)

For "porch and fence" and "forecourt" frontage types, as illustrated in Figure 24-13, a minimum of one tree matching the species of street trees planted in the tree lawn shall be planted within the front yard of the private lots for each 30 feet of frontage line.

(8)

For the "common yard" frontage type, as illustrated in Figure 24-13, street trees shall be located on both sides of the sidewalk and shall be naturalistically clustered.

Lighting standards. All outdoor lighting shall comply with the provisions of § 100-27 of this chapter.

Sign standards.

(1)

Signs in the TND District shall be permitted as provided in § 100-28G(1) and of this chapter.

(2)

For all commercial uses in the MUD District, signs shall be permitted as provided in § 100-28H(1) of this chapter, with the additional provision specific to the MUD District that any illuminated signs shall be lit externally from the top down with no glare for pedestrians or motorists. Internally illuminated signs are prohibited.

Utilities and services.

(1)

Central or municipal water and sewer facilities are required.

(2)

Management of on-site stormwater shall be in accordance with Chapter 55 of the Town of Lloyd Code, Stormwater Management and Erosion and Sediment Control, or the New York State Stormwater Management Guidance Manual (as may be amended from time to time), whichever is more stringent.

(3)

The developer shall provide all necessary water and sewer facilities, storm drainage, highway access, paved streets, sidewalks, pedestrian paths, street trees, parking and loading facilities, and lighting.

(4)

Utility services shall be provided underground.

(5)

Plans for the collection, storage and disposal of refuse within any TND and MUD shall be subject to Planning Board approval as part of its review of site development plans. The outside storage of refuse, if permitted, shall be in rodentproof containers conveniently located and enclosed or otherwise screened from view.

(6)

Proper access for fire-fighting equipment and personnel shall be provided. Hydrants shall be provided in such number and location and with such water supply and pressure as may be determined adequate by the Planning Board, based upon the recommendation of the Town Engineer and the Fire Department servicing the site.

Expiration of approval. Any site plan or subdivision plan approval for a TND and MUD shall expire if a building permit is not issued and construction begun within three years of the date of approval, except that the Planning Board may grant two six-month extensions if requested by the applicant and if deemed in the public interest by the Planning Board.

Definitions. Unless otherwise stated, the following terms shall, for the purposes of § 100-24, have the meanings herein indicated:

ALLEY

A vehicular way located to the rear of lots providing access to service areas and parking for commercial uses and which may contain underground utility easements.

BACK BUILDING

A single-story accessory building, located towards the rear of the same lot as a principal building. It is sometimes connected to the principal building by a connecting building. Back buildings shall not exceed 600 square feet of habitable space, excluding parking areas. See Figure 24-11.

BUILD-TO LINE

A line extending through a lot which is generally parallel to the street curb and marks the location from which the principal vertical plane of the front building facade, exclusive of porches, bay windows, and similar appurtenances, must be erected. Intended to create an even building facade line on a street, which enhances the street as a public space. Lots that front on more than one street shall have a build-to line along each of the streets on which the lot fronts. The build-to line is established on the final site plan and subdivision plat, if any.

CONNECTING BUILDING

A single-story accessory building connecting a principal building to a back building. See Figure 24-11.

EDGE-YARD BUILDING

A building that has setbacks on all sides. See Figure 24-10.

ENTRANCE, PRINCIPAL

The main point of access of pedestrians into a building.

FACADE

The exterior wall of a building that is set along a frontage line.

FRONTAGE LINE

Those lot lines that coincide with a roadside. Facades along frontage lines define the public realm.

GARAGE

A type of back building.

GREEN

An open space available for unstructured recreation. A green may be spatially defined by landscaping rather than building frontages. Its landscaping shall consist of lawn and trees, naturally disposed. The minimum size shall be 1/4 acre and the maximum shall be six acres. See Figure 24-3.

LANE

A vehicular driveway located to the rear of lots providing access to parking and back buildings on residential lots and which may contain underground utility easements. See Figure 24-9.

LAYER

A portion of a lot within which certain elements are permitted. See Figure 24-14.

LODGING

Premises available for daily and weekly renting of bedrooms, but excluding boardinghouses or rooming houses. The area allocated for food service shall be calculated and provided with parking according to retail use.

LOT WIDTH

The length of the principal frontage line of a lot.

PARK

A natural preserve available for unstructured recreation. A park may be independent of surrounding building frontages. Its landscaping shall consist of paths and trails, meadows, woodland and open shelters, all naturalistically disposed. Parks may be linear, following the trajectories of natural corridors. The minimum lot size shall be 15 acres.

PEDESTRIAN PASSAGE

A pedestrian connector passing between buildings, providing shortcuts through long blocks and connecting rear parking areas to building frontages. Passages should connect directly with the sidewalk network. Passages may be roofed over.

PLAYGROUND

An open space designed and equipped for the recreation of children. A playground shall be fenced and may include an open shelter. Playgrounds shall be interspersed within residential areas and may be placed within a block. Playgrounds may be included with greens and squares. There shall be no minimum size, and the maximum shall be one acre. See Figure 24-5.

PRINCIPAL BUILDING

The main building on a lot, usually located toward the frontage. See Figure 24-11.

PRIVATE FRONTAGE

The privately held layer between the frontage line and the principal building facade. The structures and landscaping within the private frontage may be held to specific standards. The variables of private frontage are the depth of the setback and the combination of architectural elements such as fences, stoops and porches. See Figure 24-6.

REAR-YARD BUILDING

A building that occupies the full frontage line, leaving the rear of the lot as the sole yard. The continuous facade spatially defines the public realm of the street. For its residential function, this type yields a townhouse. For its commercial function, the rear yard can accommodate substantial parking. See Figure 24-10.

ROADSIDE

The public or commonly owned right-of-way adjacent to a street from the edge of the curb or pavement to the front property line of adjoining parcels, where sidewalks, tree lawns, street trees, streetlights, and curbing are located. Also known as the "public frontage."

SETBACK

The area of a lot measured from the lot line to a building facade or elevation. This area must be maintained clear of permanent structures with the exception of galleries, fences, garden walls, arcades, porches and stoops no more than six feet deep, balconies, bay windows, patios and decks (that align with the first-story level), which are permitted to encroach into the setback.

SIDE-YARD BUILDING

A building that occupies one side of the lot with a setback to the other side. See Figure 24-10.

SQUARE

An open space area available for unstructured recreation and civic purposes. A square is spatially defined by building frontages and serves as a central focus for surrounding properties. Its landscape shall consist of paths, lawns and trees, formally disposed. Squares should be located at the intersection of important thoroughfares. The minimum size shall be 1/4 acre and the maximum shall be two acres. See Figure 24-4.

STORY

A habitable level within a building. Basements that emerge less than two feet from finished grade, or attics not exceeding four feet at the knee wall, are not considered stories for the purposes of determining permitted stories.

STREETSCAPE

The urban element that establishes the major part of the public realm. The streetscape is defined by elements such as neighboring buildings, pavement width, sidewalks, trees, lighting, signs, benches and other "furniture."

STREETSCREEN

An opaque, freestanding wall built along the frontage line, or coplanar with the facade, often for the purpose of masking a parking lot from the street. Streetscreens should be between 3 1/2 feet and six feet in height and constructed of a material matching the adjacent building facade. The streetscreen may be a hedge or fence by waiver. Streetscreens shall have openings no larger than is necessary to allow automobile and pedestrian access. In addition, all streetscreens over four feet high should be thirty-percent permeable or articulated to avoid blank walls.

TERMINATED VISTA

A location at the axial conclusion of a street.

TREE LAWN

The area between the sidewalk and the street curb that accommodates street trees and streetlights and which, in conjunction with cars parked along the road, serves to protect pedestrians on the sidewalk from vehicular traffic. Tree lawns should be a minimum of four feet in width.

§ 100-25 Waterfront Bluff Overlay District.

Authority and purpose.

(1)

These regulations are enacted under the authority of § 10 of the Municipal Home Rule Law, Article 16 of the Town Law and Article 42 of the Executive Law of New York State, in order to protect and enhance the physical and visual environment of the Town of Lloyd and for the protection, order, conduct, safety, health and well-being of people and property within the Town.

(2)

Purpose; district established.

(a)

The land area and water area of the Town of Lloyd's Hudson River waterfront represent a unique mix of natural and man-made resources. It has historically played an important role in the development, economy and cultural heritage of the Town and the region. The state-designated Poughkeepsie Deepwater Habitat (19 NYCRR Part 602), the general water quality, the visual, scenic, natural and cultural character, including the vegetated bluffs, open-water areas and historic structures, and the Esopus/Lloyd and Estate District Scenic Areas of Statewide Significance (19 NYCRR Part 602) are some of the primary elements comprising and documenting these important natural and man-made resources.

(b)

The Town of Lloyd Waterfront Bluff Overlay District is hereby established. It is the purpose of the Waterfront Bluff Overlay District (WBOD) to afford priority to waterfront-compatible, well-designed uses and to control development in ways that protect and enhance the Hudson River waterfront's natural, scenic and cultural resources. Further, it is the purpose of the WBOD to protect and preserve sensitive environmental areas; prevent soil erosion, sedimentation and slope failure due to removal of vegetation; protect and enhance, to the maximum extent possible, the scenic qualities of the Town's waterfront area by maintaining, creating and continuing the vegetative corridor of the mid-Hudson River region; prevent, to the maximum extent possible, the loss, alteration or diminution of public view of the Hudson River and opposite shore; prevent activities which will cause water pollution; and to implement the policies and purposes of the Town of Lloyd Local Waterfront Revitalization Program. Further, it is the intent of the Town of Lloyd to protect and preserve the scenic resources of the Town, to ensure that the benefits provided by the Hudson River views will not be lost for present and future generations and to protect the broader public interest.

(3)

The WBOD regulations are not intended to be substituted for other zoning district provisions. The overlay district is to be superimposed on the primary zoning district provisions and should be considered as additional requirements to be met by the applicant or developer, prior to project approval. If there should arise a conflict between the provisions of the WBOD and the provisions of the underlying zoning district, the more restrictive shall apply.

[Amended 9-8-2010 by L.L. No. 13-2010]

(4)

Regulated land use activities proposed in the WBOD, as defined by Chapter 100, Zoning, of the Town of Lloyd, shall require site plan review and approval by the Town of Lloyd Planning Board, pursuant to the provisions of the WBOD and all other applicable sections of Chapter 100, Zoning, of the Town of Lloyd. The Planning Board will at the same time review the proposed use for consistency with the policies and purposes of the Town of Lloyd Waterfront Revitalization Program, pursuant to specific provisions of the Town of Lloyd Waterfront Consistency Review Law.

Location, boundaries and maps.

(1)

The location and boundaries of the Town of Lloyd Waterfront Bluff Overlay District shall be delineated on the Official Town of Lloyd Zoning Map on file in the Town Clerk's office and the Town Building and Zoning Department.[1]

[1]

Editor's Note: A copy of the Zoning Map is included at the end of this chapter.

(2)

The Town of Lloyd Waterfront Bluff Overlay District shall be mapped as that area from the Town's easternmost boundary located within the Hudson River to a distance of 100 feet west of the bluff line. The "bluff line" is hereby defined as the line at the top bluff, cliff or steep slope rising from the Hudson River shoreline or at the upper elevational limit of a slope of 20% or more above the Hudson River shoreline.

(3)

Where the WBOD overlays any primary zoning district delineated on the Official Zoning Map of the Town of Lloyd, the requirements of the WBOD shall be met in addition to any requirements specified for development in the respective primary zoning district.

Permitted uses. All uses permitted in the underlying zoning district are permitted in the WBOD, subject to applicable standards of the underlying zoning district and of the WBOD and subject to site plan review and approval.

Regulated activities. No person shall conduct any of the following regulated activities within the WBOD in the Town of Lloyd, unless such person has first applied for and obtained site plan approval by the Planning Board in accordance with the provisions of the WBOD and in accordance with all applicable provisions of the underlying zoning district. (Other permits may be necessary from state or federal agencies pursuant to requirements of other state and federal laws.)

(1)

Construction of new residential structures or structural additions to or modifications of existing residential structures. This shall not include interior alterations, or normal and routine maintenance and repair of existing structures, provided that the use does not change.

(2)

Construction of all new nonresidential structures or structural additions to existing nonresidential structures.

(3)

A significant and substantial change in use of an existing nonresidential structure. A significant and substantial change in use shall be deemed to have occurred if there is:

(a)

Any change in use affecting 2,000 or more square feet of an existing nonresidential structure;

(b)

An increase of 50% or more in total square footage of an existing nonresidential structure;

(c)

An increase of 50% in water and sewer demand;

(d)

An increase of 50% in the generation of solid wastes;

(e)

An increase of 50% in required parking; or

(f)

Potential use of hazardous materials.

(4)

Construction or placement of any new on-site sewage disposal system, including individual sewage disposal systems, septic tanks, septic drainage or leach fields.

(5)

Filling or excavating activities in excess of 200 cubic yards of material.

(6)

The cutting down of any trees over 18 inches in diameter measured four feet above the base of the tree on any property within the district. Also included shall be any tree and vegetative clearing and removal activities that either directly or indirectly will cause soil to be exposed and subject to erosion. This shall not include normal and routine tree and shrub care and maintenance, including removal of only dead trees and vegetation.

(7)

Discharge of stormwater associated with human activity and/or construction and placement of stormwater runoff systems.

(8)

Permanent outside storage of materials and equipment on property within the district. This shall not include normal accessory residential storage activities.

(9)

Construction of vehicular public or private roads, trails and bridges.

(10)

Construction of docks, boat launching facilities and fishing facilities, including associated parking areas.

(11)

The construction, modification or restoration of erosion-protection structures within the district.

Exempt activities. The following activities are exempt from the provisions of the WBOD:

(1)

Lawn care and maintenance.

(2)

Home gardening activities.

(3)

Normal and routine tree and shrub care and maintenance, including removal of dead vegetation. However, this shall not include any tree and vegetative clearing and removal activities that either directly or indirectly will cause the soil to be exposed and subject to erosion.

(4)

Removal of structures.

(5)

Repair and maintenance of existing structures.

(6)

Replacement, repair and maintenance of faulty or deteriorated on-site sewage disposal systems, including individual sewage disposal systems, septic tanks, septic drainage or leach fields.

(7)

Commercial agricultural activities, except those activities involving the construction or reconstruction of structures or the cutting down of any trees over 18 inches in diameter measured four feet above the base of the tree. However, this shall not include any tree and vegetative clearing and removal activities that either directly or indirectly will cause the soil to be exposed and subject to erosion.

(8)

Any actual or ongoing emergency activity which is immediately necessary for the protection and preservation of life, property or natural resources.

Development standards/conditions and review procedures during site plan review.

(1)

General provisions. Applications for site plan approval within the WBOD shall be made in writing to the Town Planning Board on forms available in the Planning Board office. Such an application shall be signed by the property owner and may be made by the property owner or his/her agent and shall be accompanied by any materials or information deemed appropriate by the Town Planning Board, including but not limited to all of the information required by the site plan review provisions and the following additional information, specific to the WBOD:

(a)

The location of all existing and proposed impervious surfaces such as roads, driveway, sidewalks, etc., on the property or within 100 feet of the proposed work site.

(b)

Existing and proposed contour levels for the property at two-foot contour intervals within 100 feet of the proposed work site or within the property limits. For purposes here, the term "work site" shall be defined as that area for which human disturbance activities are proposed.

(c)

The location of all proposed waterfront public access/recreation provisions, if applicable.

(d)

The location and types of all existing and proposed tree, shrub and vegetation masses, as well as all trees with a diameter of 18 inches or more, measured four feet above the base of the tree within 100 feet of the work site or within the property limits.

(e)

The location of fire and other emergency zones, including the location of the nearest water supply for fire emergencies.

(f)

For all new structures proposed, except accessory structures, a comprehensive scenic landscape protection report shall be provided. Such report shall include, at a minimum, information about existing and proposed vegetation, color of structures and landscaping proposed in order to protect, enhance and continue the vegetative corridor of the mid-Hudson River region. Color of structures and landscaping shall be an integral part of the report. The report shall include but not be limited to the following:

[1]

A detailed narrative description, with accompanying maps, sketches, photographs, simulations, etc., of how the proposed development or activity will provide a scenic buffer and blend into the landscape of the WBOD. Such information shall include a description of existing and proposed vegetation, proposed color of structures and proposed landscaping. The types of information that shall be included in this report are:

[a]

A general description of the condition of existing trees and vegetation;

[b]

The general location, size and species of trees to be preserved and those to be removed; and

[c]

The general location, size and species of proposed trees and other vegetation to be planted.

[2]

The report shall describe in a detailed narrative, and accompanied by any other pertinent maps, drawings or similar information, how the proposed development will be consistent with the scenic elements and aesthetic significance of the Esopus/Lloyd Scenic Area of Statewide Significance (SASS) (19 NYCRR Part 602), which is within the Town of Lloyd coastal area, and how the proposed development will be consistent with the scenic elements and aesthetic significance of the Estates District Scenic Area of Statewide Significance (SASS) (19 NYCRR Part 602), which is located on the opposite shore of the Hudson River across from the northern part of the Town of Lloyd.

[3]

The report shall address the functional aspects of landscaping such as ongoing maintenance, drainage, erosion prevention, wind barriers and reduction of glare. Any plant material proposed shall be selected for its ability to survive the climate along the mid-Hudson River region, its structure, texture and color and for its ultimate growth. Plants that are indigenous to the area and others that will be hardy, harmonious to the design and of attractive appearance should be selected.

(g)

The location, design and size of all signs and lighting facilities.

(h)

The approximate locations and dimensions of areas proposed for neighborhood parks, playgrounds and other permanent open space.

(i)

Description and location of erosion control measures, including proposed location of sediment sink/settling ponds and interceptor swales, etc.

(j)

The location and design of all stormwater management facilities.

(k)

A drainage report, including supporting design data and copies of computations used as a basis for the design capacities and performance of closed drainage facilities.

(l)

Record of application and approval status of all necessary permits from federal, state and county officials.

(m)

A completed SEQR visual environmental assessment form.

(2)

Development standards/conditions. Site plan approval to undertake any regulated activity within the WBOD shall not be issued by the Town Planning Board unless the applicant can adequately demonstrate to the Planning Board's satisfaction that:

(a)

To the extent possible, structures, storage and parking areas shall be set back from the identified Hudson River bluff ridgeline to reduce opportunities for erosion, sedimentation and slope failure and to protect the scenic qualities of the Town's waterfront area by maintaining, creating and continuing the vegetative corridor of the mid-Hudson River region. Structures proposed below the bluff ridgeline shall make use of natural vegetation and topography and shall be designed in such a way as to enhance visual, scenic and cultural character of the Town's Hudson River waterfront area.

(b)

The proposed land use activity will avoid excessive or unnecessary grading, indiscriminate earthmoving or the clearing of property and removal of trees and vegetation which would disfigure natural land forms.

(c)

As appropriate to the type of proposed land use activity, the scenic landscape protection buffer measures should protect and enhance, to the maximum extent possible, the scenic qualities of the WBOD area, the Esopus/Lloyd SASS and the Estates District SASS by maintaining, creating and continuing the vegetative corridor of the mid-Hudson River region. While complete vegetative screening is not required, sufficient plant material shall be provided to protect, enhance and continue the vegetative corridor of the mid-Hudson River region.

(d)

The proposed activity, in addition to vegetation, should incorporate other means to protect and enhance the scenic landscape of the WBOD area, the mid-Hudson River region, the Esopus/Lloyd SASS and the Estates District SASS through such means as building color, use of appropriate scale, form and materials to ensure that all buildings, structures and activities are compatible with and add interest to the landscape. The design of all structures is to be compatible with that of surrounding structures and landscapes. Compatibility shall be determined by a review of proposed use of materials, scale, mass, height, color, texture, location of the structure or structures with reference to the bluff line on the site and compatibility with the Esopus/Lloyd SASS and the Estates District SASS. To properly blend with the surrounding visual/natural environment, structures should be neutral, or earth tones and natural materials such as wood, stone or brick should be used. The use of building color should allow proposed structure to blend into the background of the landscape as much as possible.

(e)

The proposal would not impair the scenic elements and aesthetic significance of the Esopus/Lloyd SASS and the Estates District SASS. The following siting and facility-related guidelines from the Esopus/Lloyd SASS and Estates District SASS will be used to evaluate a proposal's consistency with the SASS. These guidelines are explained in further detail in the impact assessments section of the Esopus/Lloyd SASS and Estates District SASS narratives as approved by the New York State Secretary of State and are available for review at the Town of Lloyd Planning Board office.

[1]

Siting structures and other development such as highways, power lines and signs, back from shorelines (and back from the bluff line along the Town's Hudson River waterfront) or in other inconspicuous locations to maintain the attractive quality of the shoreline and to retain views to and from the shore;

[2]

Clustering or orienting structures to retain view, save open space and provide visual organization to a development;

[3]

Incorporating sound, existing structures (especially historic buildings) into the overall development scheme;

[4]

Removing deteriorated and/or degrading elements;

[5]

Maintaining or restoring the original land form, except when changes screen unattractive elements and/or add appropriate interest;

[6]

Maintaining or adding vegetation to provide interest, encourage the presence of wildlife, blend structures into the site and obscure unattractive elements, except when selective clearing removes unsightly, diseased or hazardous vegetation and when selective clearing creates views of coastal waters.

[7]

Using appropriate materials, in addition to vegetation, to screen unattractive elements; and

[8]

Using appropriate scales, forms and materials to ensure that buildings and other structures are compatible with and add interest to the landscape.

(f)

To minimize the impact of parked vehicles on the view from the Hudson River and from public ways and adjacent land uses, parking areas shall be treated with such things as building wall extensions, segmented parking areas with elevation differences, plantings, berms or other means.

(g)

Project features which may have negative visual impacts upon adjacent properties, such as parking lots, service entrances, loading zones, mechanical equipment, etc., shall be visually buffered from the adjacent properties.

(h)

Monotony of design in single and multiple building projects shall be avoided. Variation of detail, form and siting shall be used to provide visual interest. In multiple building projects, variable siting of individual buildings may be used to prevent a monotonous appearance.

(i)

All proposed buildings and structures are to be clustered together to the maximum extent possible, where appropriate, and depending on the nature of the proposed activity, to ensure that the surrounding visual/natural environment is maintained as much as possible, to retain the quality and extent of view from adjacent public streets through the property to the Hudson River, to save open space and to provide visual organization to the development.

(j)

Excavations or cuts made to the steep slope associated with a bluff shall only be permitted where such activities involve bluff cuts made in directions that take advantage of the natural contours of the land or are at oblique angles to the shoreline in order to minimize erosion, control runoff and protect scenic resources. Side slopes and other disturbed on-roadway areas must be stabilized with vegetation or other approved physical means. Completed paths, accessways or roadways must be stabilized and appropriate drainage provided.

(k)

No building or structure shall exceed 2 1/2 stories or 35 feet in height. (Elevations of any proposed structures, or additions to existing structures, should be provided, including proposed height, design, color and materials.)

(l)

Plants or other acceptable ground cover shall be reestablished in disturbed areas immediately upon completion of development activity so as to prevent uncontrolled erosion or slipping of soil or cause sediment to be discharged into the Hudson River, wetlands or into the tributaries, or both, and in order to maintain the natural resource and scenic characteristics of the Hudson River coastal area.

(m)

Additional stormwater drainage associated with proposed construction (during and after construction) shall not cause erosion or siltation, contribute to slope failures, pollute surface waters or cause damage to or flooding of property. Drainage systems shall be designed and located to ensure slope stability. Best management practices shall be used to prevent erosion and the introduction of runoff contaminants from entering the waters within the WBOD. The following guidelines further specify practices and concerns that shall be applied as appropriate or used for mitigation of identified problems:

[Amended 9-8-2010 by L.L. No. 13-2010]

[1]

Runoff or other nonpoint pollutant sources from any specific development activity must not be greater than would be the case under natural conditions. Appropriate techniques to minimize such effects shall include but not be limited to the use of stormwater detention basin, rooftop runoff disposal, rooftop detention, parking lot and impervious surface storage and cistern storage systems.

[2]

Natural ground contours should be followed as closely as possible and grading minimized.

[3]

Extreme care should be exercised to locate artificial drainageways so that their final gradient and resultant discharge velocity will not create additional erosion problems.

[4]

The amount of time that disturbed ground surfaces are exposed to the energy of rainfall and runoff water should be limited.

[5]

Natural protective vegetation should remain undisturbed if at all possible; otherwise, plantings should compensate for the disturbance.

[6]

The velocity of runoff water on all areas subject to erosion should be reduced below that necessary to erode the materials.

[7]

Sufficient ground cover should be applied to restrain erosion on that portion of the disturbed area undergoing no further active disturbances.

[8]

Runoff from a work site should be controlled to avoid transportation of sediment from the site.

[9]

The angle for graded slopes and fills should be limited to an angle no greater than that which can be retained by vegetative cover or other erosion control devices or structures.

[10]

The length, as well as the angle, of graded slopes should be minimized to reduce the erosive velocity of runoff water.

(n)

Any new parking lot or area, road, trail or bridge shall be so located, designed and constructed so as to minimize its visibility from the river and minimize alteration or destabilization of the soils.

Additional requirements. Where this section imposes greater restrictions than are imposed by the provision of any law, regulation or private agreement, this section shall control. Where there are restrictions by any law, regulation, or private agreement greater than those imposed by this article, such greater restrictions shall control.

Enforcement. The Town Zoning Code Enforcement Officer shall be responsible for enforcing this chapter. No work or activity on a project in the coastal area which is subject to review under this chapter shall be commenced or undertaken until the Zoning Code Enforcement Officer has been presented with a written determination from an agency that the action is consistent with the Town's LWRP policy standards and conditions. In the event that an activity is not being performed in accordance with the chapter or any conditions imposed thereunder, the Zoning Code Enforcement Officer shall issue a stop-work order, and all work shall immediately cease. No further work or activity shall be undertaken on the project so long as a stop-work order is in effect.

§ 100-26 Walkway-Gateway District. [1]

[Added 6-19-2013 by L.L. No. 4-2013]

Purpose. The purpose of the Walkway-Gateway (W-G) District is to change the character of an area that has developed as an auto-oriented commercial strip so that it becomes a walkable mixed-use neighborhood where people will want to live, shop and invest. In addition, this district is intended to attract visitors to the Walkway over the Hudson State Historic Park to spend time in conjunction with their visit. Specifically, the intent of the district is to:

(1)

Enhance the quality of the built environment and promote site layout and architectural design compatible with the historic character of the community and the national prominence of the Walkway over the Hudson State Historic Park to which this neighborhood serves as a gateway.

(2)

Provide compatible and harmonious economic development between the Hudson Valley Rail Trail and the hamlet of Highland to encourage people to walk into the hamlet.

(3)

Provide for the safety and comfort of pedestrians, cyclists, transit users and motorists alike.

(4)

Implement the goals and recommendations of the Town's Comprehensive Plan and the vision of the Hudson River Valley Greenway Compact.

Subdistricts.

(1)

The W-G District consists of two subdistricts as shown on the Zoning Map: the Gateway Mixed-Use (GM) Subdistrict and the Gateway Commerce (GC) Subdistrict.

(a)

The GM Subdistrict is intended to encourage compact, walkable, mixed-use development that emulates the neighborhood character of the hamlet of Highland, within walking distance of the hamlet and the Walkway/Rail Trail. This character includes:

[1]

Ample sidewalks and street trees, with building frontages whose windows, doors and awnings are oriented toward the sidewalk, forming a consistent street wall that is hospitable and inviting to pedestrians.

[2]

Buildings located close to the sidewalk and to each other with a diversity of uses.

[3]

First floor uses in shopfront buildings that generate and serve pedestrian traffic, such as retail, personal services and restaurants.

[4]

Streets designed to integrate pedestrians, bicycles and cars.

[5]

Pedestrian-scale neighborhood amenities such as pocket parks, lighting, benches, and planters.

[6]

Figure 1: GM Subdistrict Illustrative Sketch Plan shows an artist's rendering of the desired neighborhood character. The sketch plan can be found on the following page.[2] It is illustrative of a desired result but has no regulatory effect.

[2]

Editor's Note: Said sketch plan is included as an attachment to this chapter.

(b)

The GC Subdistrict is intended to serve as a scenic gateway to Highland with attractive architecture and generous landscaping that creates an appealing first impression of Highland for visitors who approach the Town from the Walkway over the Hudson and the Mid-Hudson Bridge. Here, the emphasis is on commercial uses appropriate for visitors and residents.

Applicability.

(1)

The provisions of this section shall apply to the W-G District and shall be in addition to other requirements of the Town Code. In the event of any conflict, the provisions of this section shall control.

(2)

This section uses the terms "shall" when a standard is required and "should" when the standard is to be applied unless the Planning Board finds strong justification for an alternative solution in an unusual and specific circumstance. The term "encouraged" means preferred but not required.

(3)

In order to encourage mixed uses, more than one permitted use shall be allowed on any lot or parcel, subject to all approval criteria contained herein.

(4)

To promote optimum use of the parcel in the future, applicants may be required to prepare a conceptual master plan for their entire parcel whenever an application to subdivide or develop a portion of a larger parcel is submitted. The development of a master plan is intended to ensure that partial development or subdivision of a parcel will not preclude future development consistent with the purposes of the W-G District. Master plans may be developed at various levels of detail. Generally, the more specific the master plan, the less review will be required as the future permitted uses are built. In reviewing and approving a conceptual master plan, the Planning Board shall indicate the extent to which the plan will be binding upon future decisions with respect to other portions of the parcel.

Permitted uses.

(1)

Uses permitted in each of the subdistricts are identified in § 100-12.

(2)

In shopfront buildings that front on Route 9W in the GM Subdistrict, the first floor facing Route 9W shall be limited to retail and service businesses, restaurants, lodging, artisanal use, entertainment, cultural center, library and museum. The first floor facing away from Route 9W and upper stories may be occupied by any of the uses permitted in the GM Subdistrict. First floor apartments facing away from Route 9W are subject to issuance of a special use permit.

(3)

Residential uses shall not have first floor frontage on Route 9W.

Prohibited uses. In the W-G District, drive-in or drive-through facilities, self-storage units, banks, motor vehicle sales, rentals and repair, gas stations, car washes, and other uses not explicitly listed in § 100-12 are prohibited, except as provided in § 100-38B.

Dimensional standards. In the W-G District, all new construction or any enlargement of an existing structure greater than 10% of the structure's gross floor area shall be subject to the following minimum and maximum dimensional standards:[3]

[3]

Editor's Note: Said dimensional standards are included as an attachment to this chapter.

Building frontages.

(1)

For new buildings in the GM Subdistrict that front on Route 9W, the only frontage type permitted shall be shopfront.

(2)

In all other cases, all of the frontage types illustrated in Table 3 shall be permitted.[4]

[4]

Editor's Note: Table 3 is included as an attachment to this chapter.

Streetscape standards. The streetscape standards in this Subsection H apply to areas that are in the public right-of-way and not directly subject to zoning regulation. However, when an applicant seeks an approval involving substantial new construction under this § 100-26, the Planning Board shall require that the applicant make improvements to the public right-of-way consistent with the standards in this Subsection H. Such improvements shall not be required where the approval the applicant seeks does not involve new construction, does not alter the front facade of the building, or where the cost of any improvements represents less than 10% of the assessed value of the property. Any required public right-of-way improvements shall be reasonable in proportion to the scope of the development project approved. In addition, the standards in this section are intended to guide those entities that own the public right-of-way, including Town, county, and state governments, in the construction of any improvements to the right-of-way. Such entities are strongly encouraged to comply with these standards when undertaking construction or making improvements.

(1)

Streets shall be designed as public spaces that encourage social interaction and that balance the needs of all users, including pedestrians, bicyclists and vehicular traffic, while providing access to lots.

(2)

The elements of the streetscape, including sidewalks, tree lawns, street trees, and (where required) furnishing zones, shall be arranged as illustrated in Figure 12.


	Figure 12: Streetscape Design for Route 9W

(3)

Sidewalks shall be located on both sides of Route 9W and shall be a minimum of eight feet wide, unless site conditions require a narrower sidewalk. Secondary roads shall have sidewalks at least five feet wide on both sides of the road.

(4)

To provide a buffer between pedestrians on the sidewalk and traffic on the road, a tree lawn shall be located between the sidewalk and the street curb. Tree lawns shall be a minimum of eight feet wide along Route 9W unless site conditions require a narrower tree lawn, and a minimum of five feet wide on secondary roads. To provide shade and to buffer pedestrians from vehicles on the road, street trees shall be planted in the tree lawn in accordance with Subsection L(5) herein.

(5)

A furnishing zone shall be provided on both sides of Route 9W and shall be a minimum of four feet wide, unless site conditions prevent the location of a furnishing zone. Within the furnishing zone the Planning Board may require installation of benches, bicycle racks, lighting, and trash receptacles. A bicycle rack holding two bicycles shall reduce the minimum required parking by one parking space. A furnishing zone shall not be required on secondary roads.

(6)

Streets shall have raised curbs to prevent parking on tree lawns and associated damage. On secondary roads, breaks in the curbline directing natural drainage to swales or rain gardens shall be permitted, as shown in Figure 13.


	Figure 13: Curb breaks

(7)

Sidewalks and trails, if provided, shall connect to existing trails wherever feasible.

(8)

The street network should be designed to define blocks whose perimeter does not exceed 2,400 linear feet, measured as the sum of lot frontage lines. Longer blocks should have mid-block pedestrian passages.

(9)

Streets shall connect wherever possible to other streets or shall provide for potential connections through adjacent sites to future developments. Culs-de-sac shall be permitted only when deemed to be unavoidable due to natural site conditions. Where culs-de-sac are deemed to be unavoidable, continuous pedestrian circulation shall be provided by connecting sidewalks that link the end of the cul-de-sac with the next street through the use of pedestrian passages, stairways, ramps, or paths, where feasible.

(10)

Where rear alleys are provided, they shall meet the following standards:

(a)

Alleys, if not dedicated to the Town, shall be dedicated to a homeowners' association or held as reciprocal easements across the rear portions of the lots subject to establishment of a common use and maintenance agreement.

(b)

Alleys should be built and paved to street construction standards, with drainage by inverted crown at the center or with roll curbs at the edges. Pavement width shall be a minimum of 12 feet and a maximum of 14 feet.

Building design standards. The following design standards shall apply to all buildings which require site plan approval in the W-G District:

(1)

Facades of shopfront buildings shall be built parallel to the street frontage and shall define the public realm of the sidewalk through the use of consistent setbacks along the street.

(2)

Shopfronts shall be glazed no less than 70% of the sidewalk-level story, allowing views into and out of the interior to create visual interest at street level. Shopfront design should be consistent with historic examples in the hamlet of Highland and other Hudson River Valley villages as illustrated on Figure 14.[5] Windows should be distributed in a more or less even manner consistent with the rhythm of voids and solids of historic buildings, and should have low sills and high lintels consistent with the window proportions of historic buildings.

[5]

Editor's Note: Figure 14 follows Subsection I(8).

(3)

Traditional canvas or canvas-like awnings are encouraged along street frontages, and may encroach up to six feet into the front setback and over the sidewalk above seven feet. Interior illumination under an awning is permitted, provided it is directed downward.

(4)

The principal pedestrian entrances for shopfront buildings with Route 9W frontage shall be from Route 9W and shall be connected to the sidewalk. Principal entries to shopfronts shall be highlighted through the use of architectural features such as roofs, recessions into the facade or other details that express the importance of the entrance.

(5)

New construction and rehabilitation should be consistent with the scale and patterns of historic architecture in Hudson River Valley villages with respect to building and roof forms, window proportions, materials, colors and details.

(6)

Architectural features and windows shall be continued on all sides of a building that are clearly visible from a street or public parking area to avoid visible blank walls.

(7)

Architecture should employ high-quality building design, blend building design and layout with other site features, avoid bland and monotonous prototype designs commonly employed by a fast-food or other retail franchise that serves to enhance or promote brand identity through visual recognition, and should contribute to the community character of the hamlet and Town.

(8)

Buildings of 40 feet or more in width along a lot frontage shall be articulated to create the appearance of distinct buildings, reducing their apparent size and contributing to a human-scale development, as shown in Figure 14. The mass of these buildings shall be broken up using varied architectural details such as divisions or breaks in materials, window bays, separate entrances and entry treatments, variation in roof lines, awnings, and sections that project or are recessed up to 10 feet.


	Figure 14: Articulated Shopfronts

(9)

The exterior finish materials on all facades should be limited to natural building materials such as brick, stone, stucco, and wood. Smooth-finish fiber cement siding is also permitted if it faithfully simulates a natural material. Other materials may be used upon a finding by the Planning Board that they are durable and not harmful to the structural components of the building.

(10)

Buildings shall have sloped roofs, mansard roofs, or flat roofs with articulated parapets and cornices. Parapets shall be a minimum of 42 inches high or higher if necessary to conceal mechanical equipment to the satisfaction of the Planning Board. The Planning Board may require that larger buildings have a combination of roof types and pitches to add visual interest without appearing randomly varied and overly complicated.

(11)

All windows, with the exception of shopfront windows, shall be vertical in proportion. Horizontal windows may be allowed if they better serve the aesthetics of the building, upon a finding to that effect by the Planning Board. Mirrored, reflective, or all-glass walls, and exterior roll-down security gates shall not be permitted.

(12)

All mechanical equipment, whether roof-mounted or ground-mounted, shall be completely screened from adjacent properties and streets in a manner that is compatible with the architectural treatment of the principal building.

(13)

Refuse containers should be located to the rear of the site. The Planning Board may approve other locations, provided such location is concealed from public view.

(14)

Walls and fences shall be constructed of natural materials, vinyl or solid fencing. Chain link fences shall be prohibited.

Pedestrian and vehicular circulation.

(1)

Driveways shall be shared with adjacent parcels whenever possible. Driveways should be placed at the edge of parcels to facilitate shared access points and minimize curb cuts. Curb cuts should be limited to one per parcel.

(2)

A connected secondary road or alleyway to the rear of parcels is encouraged, with consolidated connecting drives to Route 9W. Where feasible, retail deliveries should be in the rear of buildings.

(3)

Wherever feasible and legally permissible, pedestrian and bicycle connections, such as paths and sidewalks, shall be required to connect the Hudson Valley Rail Trail to secondary roads and pathways leading into the hamlet of Highland.

(4)

To facilitate pedestrian and bicycle movement, sidewalks and/or bike paths shall be provided within the site and to adjacent parcels if deemed appropriate by the Planning Board.

(5)

Bicycle racks shall be provided if deemed appropriate by the Planning Board.

Off-street parking. Off-street parking shall comply with § 100-29 of this chapter and the following additional standards:

(1)

In the GM Subdistrict, all off-street parking for buildings that front on Route 9W shall be located behind, underneath or above the first floor of a building. Parking structures shall be designed in accordance with the provisions of Subsection K(5) below. All off-street parking for buildings that do not front on Route 9W shall be set back at least 100 feet from the Route 9W property line and shall be screened from Route 9W by buildings and/or landscaping.

(2)

In the GC Subdistrict, all off-street parking should be located behind or to the side of the building. The Planning Board may approve off-street parking in front of or to the side of the building, provided it is appropriately landscaped along Route 9W to enhance its appearance from the highway. Landscaping shall also screen parking areas from the Rail Trail.

(3)

Parking available for two dissimilar uses within the W-G District may be shared. Shared parking is calculated by adding the total number of spaces required by each separate use and dividing the total by the appropriate shared parking factor from Figure 15. For example, if a residential use requires 10 parking spaces, and an office use requires 12 spaces, independently they would require 22 spaces. But when divided by the sharing factor of 1.4, they would require only 16 parking spaces. For the purpose of determining the shared parking factor, the retail function shall include all uses that are not listed separately in Figure 15.


	Figure 15: Shared Parking Factors

(4)

In order to encourage safe and convenient traffic circulation, the Planning Board may require the interconnection of parking lots via access drives within and between adjacent lots. The Planning Board shall require written assurances and/or deed restrictions, satisfactory to the Town Attorney, binding the owner and his/her heirs and assignees to permit and maintain such internal access and circulation and joint use of parking facilities. Access drives may be dedicated to the Town subject to Town Board approval.

(5)

Parking structures, whether freestanding or integrated into a larger building, shall be designed in accordance with the following:

(a)

The first floor of a parking structure adjacent to Route 9W shall have a shopfront frontage, as shown in Figure 16. No portion of the first floor adjacent to Route 9W shall be used for parking. Ingress and egress ramps to the parking structure shall be prohibited from directly accessing Route 9W.


	Figure 16: Shopfront with upper floor parking

(b)

Vehicular access to the structure shall have minimal impact on pedestrian circulation.

(c)

To the maximum extent practicable, ramping (sloping) floors, unfinished structural elements, lights and mechanical appurtenances shall not be visible from public streets or public places.

Landscaping.

(1)

Existing vegetation is encouraged to be preserved as much as possible by minimizing clearing and grading in new developments where practicable. Existing large trees and other natural features should be incorporated into the proposed site design to the maximum extent practicable.

(2)

Buffer landscaping to screen and protect adjacent residential districts from commercial uses shall be provided in accordance with § 100-15B(12) of this chapter.

(3)

All portions of improved properties which are not used for buildings, structures, off-street parking and loading, permitted outdoor storage, driveways, walkways or similar purposes shall be appropriately landscaped with grass, shrubs, trees and other ground cover in such manner as to minimize erosion and stormwater runoff and to maintain or improve the aesthetics of such development.

(4)

Parking areas shall be landscaped in accordance with § 100-29 of this chapter.

(5)

Shade trees shall be planted along both sides of all roadways, if determined necessary by the Planning Board, at a distance in each row no greater than 40 feet on center. All such trees shall have a caliper of at least 2 1/2 inches at a height of three feet above finished grade.

(6)

In the GC Subdistrict, existing vegetation adjacent to Route 44/55 shall be retained to the maximum extent practicable in order to provide visual screening of development from the roadway unless, in the opinion of the Planning Board, sufficient landscaping is proposed in a new project.

(7)

Additional landscaping to screen views of development from the Rail Trail and from public roadways shall be provided, if deemed appropriate by the Planning Board.

Outdoor lighting. Outdoor lighting shall be consistent with the provisions of § 100-27 of this chapter. Shoebox fixtures are not permitted.

Signs. Signs shall be consistent with the provisions of § 100-28 of this chapter (NOTE: as proposed to be amended).

Outdoor dining. Restaurants shall be permitted to operate outdoor cafes on sidewalks and in other outdoor areas, provided pedestrian circulation and access to store entrances shall not be impaired. The following standards and guidelines are applicable to outdoor dining:

(1)

All outdoor dining shall be shown on a site plan submitted with the application.

(2)

To allow for pedestrian circulation, a minimum of eight feet of sidewalk between the outdoor cafe and the furnishing zone shall be maintained free of tables and other encumbrances.

(3)

Planters, posts with ropes, railings or other removable enclosures are encouraged and shall be used as a way of defining areas occupied by the cafe.

(4)

Extended awnings, canopies, or large umbrellas shall be permitted and located to provide shade. Colors shall complement building colors where the establishment is located.

(5)

No outdoor kitchen shall be permitted. All food shall be dispensed from the interior of the restaurant.

(6)

All tables and chairs shall be movable. No permanent or fixed seating shall be permitted. No standing room service shall be permitted.

(7)

Outdoor cafes shall conform with the provisions of Chapter 75 (Noise) of the Town Code.

(8)

Outdoor cafes shall provide outdoor trash receptacles.

(9)

Tables, chairs, planters, trash receptacles, and other elements of street furniture shall be compatible with the architectural character of the building where the establishment is located.

(10)

The operators of outdoor cafes shall be responsible for maintaining a clean, litter-free, and well-kept appearance within and immediately adjacent to the area of their activities.

Waivers.

(1)

Where the Planning Board finds that because of unusual circumstances of shape, topography or other physical features of the proposed W-G project site or because of the nature of adjacent developments, extraordinary hardship would result from strict compliance with the site design standards in § 100-26H through J, it may waive or modify the requirements of those subsections to mitigate the hardship so that substantial justice may be done and the public interest secured, provided that no such waiver shall be granted which will have the effect of nullifying the intent and purpose of the W-G District.

(2)

The Planning Board may, in granting waivers or modifications to these site design standards, incorporate such reasonable conditions as will, in its judgment, substantially secure the objectives of the requirements so waived.

(3)

No waiver or modification shall be deemed approved or granted by implication. Unless a specific waiver is requested by the applicant in writing and granted by the Planning Board, all proposed projects shall comply with the provisions of this section. All waivers and modifications shall be expressly set forth in the minutes of the Planning Board.

(4)

Waivers shall be considered unique and shall not set precedent for others.

[1]

Editor's Note: Former § 100-26, Waterfront Consistency Review, was repealed 9-8-2010 by L.L. No. 13-2010. See Ch. A105, Waterfront Consistency Review.