Town of Philipstown, NY
Putnam County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Philipstown 11-2-2000 by L.L. No. 3-2000. Amendments noted where applicable.]
GENERAL REFERENCES
Conservation Board — See Ch. 10.
Environmental quality review — See Ch. 84.
Flood damage prevention — See Ch. 90.
Freshwater wetlands and watercourses — See Ch. 93.
Land development — See Ch. 112.
Stormwater management — See Ch. 147.
Zoning — See Ch. 175.
This chapter shall be known as and may be cited as "Environmentally Sensitive Lands — Identification; criteria For Use, Protection and Management."
The way in which currently undeveloped acreage in the Town of Philipstown is developed is of critical importance to the public interest. It is hereby declared to be the purpose of this chapter to identify, and to protect and provide for proper management of, environmentally sensitive lands in order to ensure the public health, safety and general welfare for present and future residents of the Town of Philipstown. Pursuant to such purpose, this chapter also establishes criteria regarding the manner in which undeveloped acreage is developed, so that land may be appropriately used while protecting and providing for proper management of environmentally sensitive lands.
A. 
Except where specifically defined herein, all words in this chapter shall carry their customary meanings. Words used in the present tense include the future and the plural includes the singular.
[Amended 9-25-2013 by L.L. No. 1-2013]
B. 
As used in this chapter, the following terms shall have the meanings indicated:
BUILDABLE AREA
An area on a building lot which is free of environmentally sensitive lands and which is located so as to be usable for buildings in compliance with the building setback requirements specified in Zoning Law, Chapter 175, and which is in addition to land used or suitable for use for an on-site sewage disposal system in accordance with regulations established by the Putnam County Department of Health.
BUILDING LOT
A "lot" as defined in Chapter 175.
LAND DISTURBANCE
Site preparation, consisting of the removal of vegetation and/or the excavation, filling, grading or removal of earth, soil or rock, or retaining structures, whether by labor, machine or explosive. The condition of land disturbance is deemed to continue until the area of disturbance is returned to its original state or to a state complying with a permit for such disturbance granted in accordance with the Code of the Town of Philipstown or complying with standards for completion of a land disturbance in accordance with such Code.
DWELLING
A "dwelling" as defined in Chapter 175.
ENVIRONMENTALLY SENSITIVE LANDS
Consist of and are defined as the following:
(1) 
As defined in Chapter 90.
(2) 
As defined in Chapter 175.
[Amended 9-25-2013 by L.L. No. 1-2013]
(3) 
As defined in Chapter 175.
[Amended 9-25-2013 by L.L. No. 1-2013]
(4) 
(5) 
(a) 
Lands that are regulated by the State of New York pursuant to the Freshwater Wetlands Act (Article 24 of the New York Environmental Conservation Law); and/or
(b) 
Controlled wetlands and wetlands buffer zones as defined in Chapter 93.
STREET/STREET LINE
As defined in Chapter 175.
A. 
The following criteria are applicable to each lot created after the effective date of this chapter and intended for use or used for a dwelling:
(1) 
It shall contain a minimum buildable area of at least 6,000 contiguous square feet having a minimum dimension of 60 feet in any direction measured on a horizontal plane; and
(2) 
It shall have a usable motor-vehicle driveway, or location for such driveway, from the minimum buildable area to the boundary of the lot that is also the street line of the street constituting access to the lot, and no part of such driveway shall be on steep terrain consisting of slopes with a topographic gradient of 35% or greater.
[Amended 9-25-2013 by L.L. No. 1-2013]
B. 
The criteria in § 85-4A above are also applicable whenever a conventional subdivision plan is prepared in order to establish a maximum dwelling unit or lot count for some other purpose.
[Amended 9-25-2013 by L.L. No. 1-2013]
[Amended 9-25-2013 by L.L. No. 1-2013]
Land disturbance within special flood hazard areas is also subject to the criteria, standards and requirements of Chapter 90. Land disturbance within watercourses/watercourse buffer zones and wetlands/wetlands buffer zones is also subject to the criteria, standards and requirements of the State of New York Freshwater Wetlands Act and/or Chapter 93, as applicable. Land disturbance on steep terrain is also subject to criteria, standards and requirements of Chapter 175.
Criteria, standards and requirements for use, protection and management of special flood hazard areas are as set forth in Chapter 90.
[Amended 9-25-2013 by L.L. No. 1-2013]
Criteria for use, protection and management of steep terrain and steep terrain wetland/watercourse transition areas are as set forth in Chapter 175, § 175-36B.
Criteria, standards and requirements for use, protection and management of watercourses/watercourse buffer zones and wetlands/wetlands buffer zones are set forth in the State of New York Freshwater Wetlands Act (Article 24 of the New York Environmental Conservation Law) and/or as set forth in Chapter 93.
If any clause, sentence, paragraph, section or part of this chapter shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, section or part thereof directly involved in the controversy in which such judgment shall have been rendered or as determined by such judgment.