[HISTORY: Adopted by the Town Board of the
Town of Philipstown 11-2-2000 by L.L. No. 3-2000. Amendments noted where
applicable.]
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.
BUILDABLE AREA
BUILDING LOT
LAND DISTURBANCE
DWELLING
ENVIRONMENTALLY SENSITIVE LANDS
(1)
(2)
(3)
(4)
(5)
STREET/STREET LINE
As used in this chapter, the following terms shall
have the meanings indicated:
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.
A "lot" as defined in Chapter 175.
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.
A "dwelling" as defined in Chapter 175.
Consist of and are defined as the following:
SPECIAL FLOOD HAZARD AREASAs defined in Chapter 90.
STEEP TERRAIN WETLAND/WATERCOURSE TRANSITION AREASAs defined in Chapter 175.
[Amended 9-25-2013 by L.L. No. 1-2013]
WATERCOURSES/WATERCOURSE BUFFER ZONESAs defined in Chapter 93.
WETLANDS/WETLANDS BUFFER ZONESConsisting of:
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]
[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, 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.