[Added 11-30-2005 by L.L. No. 12-2005; amended 7-26-2007 by L.L. No. 15-2007, 12-9-2009 by L.L. No. 8-2009[1]]
A.
Intent and purpose.
(1)
The purpose of this section is to allow future subdivision of land
and the construction of new home sites in the Town of Wallkill to
be creatively designed and located in the landscape in a way that
protects the natural resources and desirable character of the Town.
In addition to this general purpose, conservation subdivisions shall
promote the following objectives:
(a)
Maintain the rural and open character of the Town and encourage
the preservation of open space.
(b)
Protect important views and scenic corridors as well as steep
slopes, hillsides, and ridges.
(c)
Conserve scenic resources of rural corridors and roads and reduce
the occurrence of strip development.
(d)
Protect historic, archeological, and cultural features.
(e)
Protect valuable wildlife and habitat areas.
(f)
Locate buildings and structures on portions of the site that
are most appropriate for development considering development suitability
and conservation importance.
(g)
Allow for site design that provides flexibility and encourages
a more practical lot layout, utility, and transportation network and
facilitate the construction and maintenance of streets, utilities
and public services in an economical and efficient manner.
(h)
Encourage site design that is appropriate to the existing setting
and consistent with surrounding land use and development patterns.
(i)
Reduce adverse impacts of growth on surface water and groundwater
quality.
(j)
Protect contiguous open space areas and corridors.
(k)
Promote efficient use of land in harmony with its natural features.
(l)
Promote the maintenance of agricultural lands, farmland and
farm uses.
(m)
Encourage the creation and provision of neighborhood-scale recreation
resources through the subdivision and development process.
(n)
Bring a direct benefit to the Town overall.
(2)
This section should be used in conjunction with the Wallkill conservation
subdivision design guidelines which are intended to illustrate the
basic concepts and preferred design methods for conservation subdivision
development.
B.
Applicability. The Planning Board is authorized to permit use of
this section, Conservation subdivisions, for Residential Type II subdivision
applications:
(1)
In the RA or RA-1 Districts, with a minimum total parcel size of
not less than 15 acres or that result in the creation of eight or
more lots (or dwelling units) from a parent parcel.
(2)
In the R-1 or R-2 Districts, with a minimum total parcel size of
not less than 10 acres or that result in the creation of 15 or more
lots (or dwelling units) from a parent parcel.
C.
Criteria for acceptance. Applicants may submit a request for a conservation
subdivision if the site includes at least three of the following features
which could be preserved to maintain the overall character and natural
beauty of the land:
(1)
Is adjacent to other conservation or protected land areas which could
be expanded.
(2)
Has significant road frontage which provides public views of the
parcel as part of the local streetscape or viewshed.
(3)
Is located on a hill or bluff which is readily visible from surrounding
areas, providing public views of the natural hillside as part of the
local viewshed.
(4)
Includes cultural resources such as historic or locally important
houses, especially if they are visible from the local streetscape
or viewshed, barns, stone walls or foundations, cemeteries, etc.
(5)
Includes active or formerly active agricultural lands.
(6)
Includes unique land features such as large old-growth trees, hedgerows,
rock outcroppings, meadows, water bodies or similar attractive elements
which could be showcased as part of the design.
(7)
Includes known plant or animal habitats, including those that may
be unique, rare or endangered.
(8)
Includes trails or is adjacent to trails which could be linked and
preserved as part of a passive recreation system.
D.
Required conservation subdivisions. The Planning Board may, at its
discretion, require a conventional subdivision applicant to submit
a conservation subdivision layout as a preferred alternative if, in
its judgment, the site includes a number of the criteria above, such
layout would greatly benefit the public interest, provide continuance
from adjacent conservation lands, reduce adverse environmental impact
or otherwise meet the goals and objectives of the Comprehensive Plan.
E.
Classification of conservation subdivisions.
(1)
Types of conservation subdivisions.
(a)
Conservation subdivisions are conservation subdivisions that have a proposed density that approaches the maximum permitted in the zoning district, as explained in Subsection F. Any proposed conservation subdivision that is not classified by the Planning Board as a low-density conservation subdivision pursuant to Subsection E(1)(b) below, shall be considered a regular conservation subdivision.
(b)
Low-density conservation subdivisions are conservation subdivisions
that have a proposed density that is clearly well below the maximum
permitted in the zoning district and which result in significantly
more conserved land than is required herein. Low-density conservation
subdivisions are permitted in the RA-1, RA and R-2 districts and may
be afforded an expedited review process by the Planning Board that
includes one or more of the following:
[1]
Determines the maximum lot count and density using a low-density
formula without the need to develop and approve a conventional layout
yield plan;
[2]
The preliminary plat submission and review may be bypassed for
final plat review as per the procedures for a minor subdivision, if
the Planning Board agrees that all the necessary issues would likely
be addressed by a final submission.
(2)
For the purposes of determining whether a proposed conservation subdivision
qualifies as low-density, the applicant shall first determine the
base density for the site using the low-density formula, described
below, and provide these calculations for the Planning Board. If the
proposed density of the conservation subdivision is equal or less
than the low-density calculation of the site, the Planning Board may,
at its discretion, classify the project as a low-density conservation
subdivision.
F.
Determining density; maximum number of lots permitted.
(1)
Yield plan method. For any proposed conservation subdivision that is not classified as a low-density conservation subdivision, the yield plan method shall be utilized to determine the maximum number of residential units allowed on a site using a conventional layout as described in Subsection G(1) for the Step 1 submission requirements.
(2)
Low-density formula method. For the purpose of establishing whether
a proposed conservation subdivision may be classified as a low-density
conservation subdivision, the Planning Board and the applicant shall
utilize the formula shown below. The low-density formula shall determine
the maximum potential number of lots which may be approved for a low-density
design. The number of building lots which can actually be placed or
approved on the property may be lower due to soil, engineering or
other site considerations as determined by the Planning Board.
|
Low-Density Formula
| ||
|---|---|---|
|
Low Density =
|
Buildable Land (in acres)
Development Factor (from below)
| |
|
Development factors, by district: RA-1 = 8; RA = 7; R2 = 5.
| ||
|
NOTE: Buildable land is an area of land excluding water bodies,
wetlands, areas subject to flooding and ponding, areas which have
slopes of over 20%, and existing rights-of-way and easements. If the
property includes two or more different zoning districts, the area
of each district should be calculated separately and then added together.
Fractional results should be rounded down.
| ||
G.
Procedures. All applications being considered under this section shall adhere to the submission requirements set forth within Chapter 209, Subdivision of Land. The following requirements and procedures shall be followed in conjunction with those submission and process requirements:[2]
(1)
Step 1: submit resource analysis worksession materials. Prior to
any consideration of a proposed conservation subdivision, an applicant
must first submit to the Planning Board a request for conservation
subdivision resource analysis worksession and submit all required
materials.
(a)
Submission requirements. The submission request should include,
but is not limited to, the following items requested by the Planning
Board, which should be provided at least 30 days in advance:
[1]
Resource analysis map. Three copies of a sketch map or existing
conditions survey of the site which shows the location of:
[a]
Any of the site features listed under criteria
for acceptance, above.
[b]
The extent of existing wooded areas and any tree
lines, fields or meadows.
[c]
Areas of unbuildable land should be graphically
illustrated on the map for clear visual reference, including site
constraints such as wetlands, streams or other bodies of water, areas
of steep slopes exceeding 20%, building setbacks, easements and similar
nonbuildable areas.
[d]
The location of existing water bodies or watercourses and any associated buffer zones as may be required in § 249-81 or state DEC buffer zones shall be indicated on the drawings as well.
[e]
Any existing roads or known easements.
[f]
General topographic information, contours at intervals
of 10 feet or less.
[g]
Resource analysis maps must be drawn to scale on
paper no less than 20 inches by 30 inches in size. If accurate site
survey information is available, this information should be used to
create the map.
[2]
A conventional layout subdivision yield plan in accordance with the standards of the Town Subdivision Regulations, containing proposed lots, streets, rights-of-way, and other required elements. This plan should utilize the lot and building standards for its specific district, however, should use the environmental factors and minimum lot sizes listed for a Type II conservation subdivision in that district. Refer to the district specific sections § 249-19, § 249-19.1, § 249-20, § 249-22 for this information. A conservation subdivision worksheet shall be completed to tabulate the lot count and minimum lot sizes used in this layout.[3]
[3]
Editor's Note: The Conservation Subdivision Lot Count Worksheet
is at the end of this chapter.
[3]
A copy of the conservation subdivision worksheet used for the
project.
[4]
An aerial or orthographic photo which delineates the site boundaries
and includes surrounding parcels.
[5]
Photographs of various areas of the site, including the property
as seen from adjacent public roadways.
[6]
Photographs of the site from a distance if on a hillside or
part of the viewshed in other areas of Town, if applicable.
[7]
Environmental Assessment Form (EAF).
[8]
Other available information regarding the natural characteristics
of the site, as applicable.
(b)
A review team consisting of select representatives of the Planning
Board, Conservation Commission and other designees, such as members
of the Town Board, Town staff or other appropriate consulting professionals
retained by the Town shall review the applicant's resource analysis
for completeness and conduct a field site visit to verify accuracy.
The site visit may also be used by the review team to help determine
relative priorities of conservation value. The applicant shall secure
permission and access to the parcel if not the property owner.
(2)
Step 2: resource analysis map worksession. The purpose of this worksession
is to review the resource analysis map with the review team and consider
the merits and feasibility of a conservation subdivision approach.
If the review team agrees that the site would likely benefit from
a conservation subdivision, then a discussion may then proceed on
which areas of the site should ideally be protected.
(a)
Types of protection. The areas of protection should be agreed
upon by the review team in discussion with the applicant using the
resource analysis map, photographs and other available information.
The areas of land considered for protection may fall into two categories:
[1]
Conservation areas (required). Areas of the parcel which are
candidates for protection from site disturbance during development
and which could be included within a permanent conservation easement.
[2]
Reserved areas (optional). The review team may also identify
areas of the parcel which should be protected from disturbance during
development and showcased as part of the site design. Such areas should
be reserved or designed as common open space such as a stone wall,
grove of trees, or a commons, square or other proposed site features
which can be integrated into the design to enhance the beauty of the
development. These areas do not have to be included in a conservation
easement, but are instead intended to be showcased as part of the
development design.
(b)
General considerations. The following guidelines should be used
when considering which areas of land should be protected:
[1]
Protected areas should conform to the guidelines and principals
outlined in the Wallkill design guidelines for conservation subdivisions.
[2]
Conservation areas should be contiguous, unless the review team
determines that a noncontiguous arrangement would meet the goals and
intent of this section.
[3]
Disturbed areas of land shall not be included as conservation
area.
[4]
Conservation areas should connect to adjoining open spaces or
conservation areas on adjacent lands wherever possible.
[5]
Protected areas should be prioritized in terms of relative importance.
(c)
Review of analysis map. The review team shall identify to the
applicant the preliminary areas of land which should be protected
as either conservation or as reserved areas. These areas should be
drawn and identified on the resource analysis map during the meeting.
The resource analysis map may also be amended with preferred locations
for intensive development as well as acceptable locations for less
dense development, as suggested by the review team.
(d)
Review of yield plan. Once the preliminary areas of land have
been identified for protection, the review team shall review the conventional
yield plan with the applicant for overall accuracy and acceptability.
[1]
The preliminary number of lots permitted is determined by the
number of lots which can actually be accommodated in a conventional
subdivision layout on the site using conservation subdivision lot
standards.
[2]
The yield plan may be prepared as a sketch plan in accordance
with the standards of the Subdivision Regulations, containing proposed
lots, streets, rights-of-way, and other pertinent features. Although
it must be drawn to scale, it need not be based on a field survey.
[3]
The review team shall consider whether the layout shown on the
conventional layout yield plan is realistic, reflecting a development
pattern that could reasonably be expected to be implemented under
conventional subdivision review, taking into account the presence
of all known site constraints and, if unsewered, the suitability of
soils for subsurface sewage disposal.
[4]
The review team shall consider whether assumptions made in the
conventional layout plan are realistic, including but not limited
to assumptions concerning likelihood of obtaining wetland crossings
permits and similar regulatory approvals. The Planning Board may optionally
request the applicant to produce a letter from an appropriate authority
confirming such approvals or assumptions are likely.
(e)
Once the areas of development and protection have been identified
on the resource analysis map, and the yield plan reviewed for accuracy
and acceptability, the applicant may proceed to Step 3. The review
team shall not recommend an application proceed to full Planning Board
review if the resource analysis map does not include sufficient information
for the Board to consider or identify areas of protection, or the
yield plan is deemed to be inaccurate for the purposes of considering
lot count.
(f)
Applicants who are interested in pursuing a low-density conservation
subdivision shall, in lieu of a yield plan, review the lot count as
calculated by the low-density formula with the Planning Board representatives
for accuracy and acceptability prior to proceeding to Step 3.
(g)
The recommendations of the review team are advisory and do not
create a mandate for the Planning Board in terms of the subsequent
formal review process.
(3)
Step 3: submit conservation subdivision sketch plan. The applicant
shall prepare and submit a conservation subdivision sketch plan in
keeping with the principles of the design guidelines for conservation
subdivisions and submit a request for a conservation subdivision sketch
plan review. Such plan should be designed to avoid disturbance to
any areas identified for protection by the review team during the
resource analysis map worksession.
(a)
Conservation areas and requirements. Based on the recommendations
of the review team and the approved resources analysis map, the applicant
shall designate and highlight areas of the property on the sketch
plan for permanent protection through a conservation easement agreement.
These areas should include the areas desired for protection as directed
by the Board on the resource analysis map. For each conservation subdivision,
a percentage of the total property area must be included within the
conservation area. The minimum percentage of the site's total buildable
land which must be included within the conservation area is as follows:
|
Conservation Area Requirements
| ||||
|---|---|---|---|---|
|
District
|
Conservation Subdivisions
|
Low-Density Conservation Subdivisions
| ||
|
Minimum Percentage of Conservation Area Required
|
Minimum Percentage of Total Buildable Land within the
Conservation Area
|
Minimum Percentage of Conservation Area Required
|
Minimum Percentage of Total Buildable Land within the
Conservation Area
| |
|
RA-1
|
40%
|
25%
|
75%
|
50%
|
|
RA
|
40%
|
25%
|
75%
|
40%
|
|
R-2
|
30%
|
20%
|
75%
|
30%
|
|
R-1
|
20%
|
20%
|
n/a
|
n/a
|
|
EXAMPLE ONE: Assuming a one-hundred-acre parcel within the RA
district which has 60 acres of buildable and 40 acres of unbuildable
land, the total amount of required conservation area would be 40 acres
(40% of 100 acres), which would have to include at least 15 acres
of buildable land (25% of 60 acres).
|
|
EXAMPLE TWO: Assuming a fifty-acre parcel within the R-2 district
which has 25 acres of buildable land and 25 acres of unbuildable land,
the total amount of required conservation area would be 15 acres (30%
of 50 acres), which would have to include at least five acres of buildable
land (20% of 25 acres).
|
(b)
Subdivision layout: development area and dimensions.
[1]
The number of building lots on the proposed sketch plan shall
not exceed the number of lots shown on the yield plan reviewed by
the review team in Step 2.
[2]
The permanently protected conservation areas should include
the areas designated for protection by the review team on the approved
resource analysis map.
[3]
Any additional places or elements identified by the review team
as preserved areas should also be integrated into the site plan, where
possible.
[4]
Minimum lot size and dimensions. To determine lot dimensions
for the conservation subdivision, adherence to the following tables
shall be required:
|
Single-Family3 Conservation
Subdivision Area and Bulk Table
| |||||||
|---|---|---|---|---|---|---|---|
|
Minimum Required
|
RA & RA-1
|
R-2
|
R-1
| ||||
|
A
|
B
|
C
|
A
|
B
|
C
| ||
|
Lot area square feet
|
32,670
|
21,780
|
21,780
|
32,670
|
10,0001
|
10,0001
|
Soils2
|
|
Lot width square feet
|
100
|
100
|
100
|
150
|
80
|
80
|
100
|
|
Lot depth square feet
|
200
|
125
|
125
|
200
|
100
|
100
|
125
|
|
Front yard feet
|
35
|
35
|
35
|
35
|
20
|
20
|
20
|
|
Rear yard feet
|
30
|
30
|
30
|
30
|
40
|
40
|
35
|
|
One side yard feet
|
30
|
20
|
20
|
30
|
15
|
15
|
15
|
|
Both side yard feet
|
60
|
40
|
40
|
60
|
30
|
30
|
35
|
|
Lot frontage feet
|
100
|
100
|
100
|
150
|
80
|
80
|
100
|
|
Floor area square feet
|
1,000
|
600
|
600
|
1,000
|
600
|
600
|
600
|
|
Maximum Permitted
| |||||||
|
Lot coverage
|
30%
|
35%
|
35%
|
35%
|
35%
|
35%
|
25%
|
|
Building height feet
|
35
|
35
|
35
|
35
|
35
|
35
|
35
|
|
A: Has sewer and water; .B: Has sewer only; C: Has no sewer
or water.
|
|---|
|
1Subject to soil and drainage review.
|
|
2Use soils formula, but not less
than 20,000 square feet subject to soil and drainage review.
|
|
Two-Family Conservation Subdivision Area and Bulk Table
| |||||||
|---|---|---|---|---|---|---|---|
|
Minimum Required
|
RA
|
R-2
|
R-1
| ||||
|
A
|
B
|
C
|
A
|
B
|
C
| ||
|
Lot area square feet
|
32,670
|
21,780
|
21,780
|
32,670
|
10,0001
|
10,0001
|
Soils2
|
|
Lot width square feet
|
100
|
100
|
100
|
150
|
80
|
80
|
100
|
|
Lot depth square feet
|
200
|
125
|
125
|
200
|
100
|
100
|
125
|
|
Front yard feet
|
35
|
35
|
35
|
35
|
20
|
20
|
20
|
|
Rear yard feet
|
30
|
30
|
30
|
30
|
40
|
40
|
35
|
|
One side yard feet
|
30
|
20
|
20
|
30
|
15
|
15
|
15
|
|
Both side yard feet
|
60
|
40
|
40
|
60
|
30
|
30
|
35
|
|
Lot frontage feet
|
100
|
100
|
100
|
150
|
80
|
80
|
100
|
|
Floor area square feet
|
1,000
|
600
|
600
|
1,000
|
600
|
600
|
600
|
|
Maximum Permitted
| |||||||
|
Lot coverage
|
30%
|
35%
|
35%
|
35%
|
35%
|
35%
|
25%
|
|
Building height feet
|
35
|
35
|
35
|
35
|
35
|
35
|
35
|
|
Percentage of total units
|
20%
|
20%
|
100%
| ||||
|
A: has sewer and water; B: has sewer only; C: has no sewer or
water
|
|---|
|
1 Subject to soil and drainage review
|
|
2 Use soils formula, but not less
than 20,000 square feet, subject to soil and drainage review. Percentage
of total units = The maximum percentage of all units in the development
which are two-family units. Other housing types shall conform to the
dimensional standards detailed within their respective district.
|
[5]
Subdivision perimeter setbacks. For conservation subdivision
projects within the RA and RA-1 Districts, the building area of new
lots shall adhere to the following setbacks:
[6]
Conservation areas should be designed to have useful massing
or clusters which create meaningful natural areas. Thin perimeter
areas or otherwise leftover strips of land shall not be considered
conservation space.
[7]
Conservation areas which are independent of, and do not overlap
with, private homeowner lots are encouraged wherever possible.
[8]
Protected areas should be designed to be visually accessible
where possible and, if appropriate, physically accessible to as many
potential building lots within the subdivision as practicable.
[9]
Conservation and other open spaces should be designed to enhance
the natural beauty of the development and protect the character and
charm of the area over many years as the surrounding lands develop.
(c)
Submission requirements. A total of 20 copies (18 for the Planning
Board, two for interested agencies) of the following items and information
shall be provided to the Planning Board at least 30 days prior to
the scheduled review meeting:
[1]
Resource analysis map indicating the areas of protection as
designated by the review team in Step 2.
[2]
Conventional yield plan layout or low-density formula used to
determine the potential lot count as reviewed by the review team in
Step 2.
[3]
A copy of the conservation subdivision worksheet used for the
project.
[4]
Proposed conservation subdivision (Type II) sketch plan in accordance with the requirements of Chapter 209. The sketch plan should identify the proposed location, number and types of housing units, roadway access, conservation areas, preservation areas (if any) and requested dimensional requirements. Any features identified on the resource analysis map which would be removed or disturbed should be identified as such on the proposed sketch plan. Although it must be drawn to scale, it need not be based on a field survey. However, it must be a realistic layout reflecting a development pattern that could reasonably be expected to be implemented, taking into account the presence of wetlands, watercourse buffers, floodplains, steep slopes, existing easements or encumbrances and, if unsewered, the suitability of soils for subsurface sewage disposal.
[5]
Photographs of various areas of the site, including the property
as seen from adjacent public roadways, areas of proposed development
and areas of proposed protection.
[6]
A vicinity map showing the location of the land to be subdivided
and the boundaries of all tax parcels within 500 feet of the property.
[7]
The tax map sheet, block and lot numbers, as available from
the Town Assessor's office.
[8]
Identification of any proposed land trust managers, homeowners'
association or other management structure proposed for the conservation
area.
[9]
A written narrative describing why any features that are noted
on the resource analysis map are proposed to be disturbed or removed,
what areas or features of the property are proposed to be protected
and how their conservation would result in a better project for the
Town than a conventional subdivision.
[10]
Request for any applicable waivers which would
be required by the Planning Board for the proposed Type II layout.
(d)
Interested agency review. One copy each of the submitted sketch
plan materials shall be forwarded to the Town Board and Conservation
Commission as interested agencies for their review and comment.
[1]
Interested agencies may provide written comments and recommended
changes on the proposed plan, including but not limited to conditions
on the ownership, use and maintenance of such open lands as deemed
necessary to assure the natural, scenic, agricultural or other open
space characteristics and other conditions as deemed appropriate.
[2]
General written comments or recommendations shall be returned
to the Planning Board within 30 days of receipt of the proposed sketch
plan to be eligible for consideration.
[3]
For all projects proposing Town ownership of conservation lands,
the Town Board shall consider and provide a written determination
to the Planning Board on the acceptability of the ownership structure
prior to preliminary plat review.
(4)
Step 4: sketch plan review meeting. The applicant shall meet with the Planning Board to review and discuss the proposed sketch plan. The Planning Board shall review the layout of lots and siting of structures for all applications being considered under conservation subdivision in accordance with Article III of Chapter 209, Subdivision of Land, the design guidelines for conservation subdivisions and Town of Wallkill Comprehensive Plan.
(a)
After review of the application, including any comments or recommendations
from interested agencies or subsequent revisions recommended by the
Planning Board or its consultants, the Planning Board may make a decision
to approve to proceed to the next steps, approve with modifications
or to deny.
(b)
If approved, the applicant may prepare a preliminary plat per § 209-9 for major subdivisions or request final approval under § 209-8 for minor subdivisions.
[1]
The Planning Board may optionally authorize a low-density conservation
subdivision applicant to schedule a combined preliminary and final
plat review meeting as part of an expedited review. Such authorization
shall only be warranted if the Planning Board agrees that any major
outstanding design issues are likely to be satisfied without the need
for an intermediate submission.
[2]
The number of building lots indicated on the approved sketch
plan becomes the maximum number of lots.
[3]
Such approval by the Planning Board shall expire and become
null and void unless a conservation plan complying with the terms
and conditions of the Board's authorization is granted preliminary
plat subdivision approval within two years of the date of approval,
and is granted final plat approval and filed in the Orange County
Clerk's office within three years of the date of approval. The applicant
or Planning Board may request an extension of this approval time frame
no more than three times, for up to one year each.
(c)
If the Planning Board determines that the conservation sketch
plan layout as proposed is not appropriate or preferable to a conventional
subdivision, it may require the applicant to revise and resubmit the
layout for reconsideration, including but not limited to, reducing
the number of building lots or changing the configuration of the conservation
areas. The Planning Board may optionally determine that a conventional
layout is more appropriate and require the applicant to submit such
layout for consideration.
(d)
Any significant design recommendations provided by the interested
agencies which are not incorporated into the approved sketch plan
shall be responded to in writing by the Planning Board, explaining
the reasons such recommendations were not pursued.
(5)
Step 5: submit conservation subdivision preliminary plat.
(a)
Submission requirements. Twenty copies of the following items
and information shall be provided to the Planning Board at least 10
days prior to the scheduled review meeting:
[1]
Resource analysis map from Step 1, indicating areas of protection
as designated and approved by the Planning Board;
[2]
Conventional yield plan layout or low-density formula showing
the potential lot count as approved by the Planning Board in Step
4.
[3]
Proposed conservation subdivision (Type II) plat in accordance with the applicable requirements of Chapter 209. The plat shall conform to the layout shown on the approved sketch plan plus any recommendations made by the Planning Board. Any features identified on the resource analysis map which would be removed or disturbed should be identified as such on the proposed plat.
[4]
A vicinity map showing the location of the land to be subdivided
and the boundaries of all tax parcels within 500 feet of the property.
[5]
The tax map sheet, block and lot numbers, as available from
the Town Assessor's office.
[6]
Request for any applicable waivers which would be required by
the Town Board or Planning Board for the proposed Type II layout.
(6)
Step 6: preliminary plat review meeting. The procedures for preliminary plat review and approval shall be the same as those for a conventional subdivision plan contained in Chapter 209, Subdivision of Land. In order to approve a preliminary plat, the Planning Board must find that it is consistent with the approved sketch plan conditions and complies with all relevant provisions of the Zoning Law.
(7)
Step 7: final plat submission, review, approval and filing. The procedures for final plat review and approval, including notice and hearing procedures, shall be the same as those for a conventional subdivision plan contained in Chapter 209, Subdivision of Land. In order to approve a final plat, the Planning Board must find that it is consistent with any approved preliminary plat and complies with all relevant provisions of the Zoning Law.
[2]
Editor's Note: See also a synopsis of the requirements in
the Conservation Subdivision Procedures Overview, found at the end
of this chapter.
H.
Additional notes.
(1)
A conservation subdivision shall in no case result in a permitted
number of building lots which exceeds the maximum number of building
lots per acre permitted by the underlying soil limitations for on-site
septic.
(2)
Where a proposed conservation subdivision falls within two or more
zoning districts, the Planning Board may approve a plan representing
the cumulative number of all units permitted in each of the districts
under their respective regulations. Such unit layouts may be authorized
to take place in all or any such portion of such districts as determined
by the Planning Board.
I.
Allowed uses.
(1)
Development areas. The permitted and special permit residential uses
for the development area within any conservation subdivision shall
be the same as the applicable, underlying zoning district.
(2)
Conservation areas. Land designated as conservation areas shall be
limited to the following uses:
(a)
Nature preserves.
(b)
Passive recreation.
(c)
Active recreation.
(d)
Stormwater management systems, water supplies and distribution
systems.
(e)
Septic systems.
|
NOTE: If septic systems are located within the conservation areas, minimum area requirements described herein as well as buildable lot requirements per § 209-11 of the Town of Wallkill Subdivision Regulations still apply.
|
(f)
Agricultural or farming operations.
(g)
Forestry operations with a forest management plan developed
by a professional forester participating in the New York State DEC's
cooperating forestry program.
(3)
No structure shall be erected upon the lands of such open areas except such as shall be determined by the Planning Board to be incidental and accessory to an allowed use and unobtrusive to the conservation area. No building permit shall be given for such structure in the absence of site plan approval thereof given by the Planning Board in accordance with Article XI.
(4)
Planning Board approval of conservation areas and uses. The selection
of land to be designated as the conservation area and associated uses
shall be subject to the approval of the Planning Board. The Planning
Board shall base its decision upon consideration of the tract resource
map and in consideration of how the submission responds to the purpose
and intent of this section.
J.
Specific use requirements. The following uses, when permitted within
a conservation subdivision, must comply with these additional requirements.
(1)
Multiple dwellings.
(a)
Multiple dwellings only permitted with municipal sewer and water
service.
(b)
For the purposes of calculating the area of buildable land to
determine the potential lot count, buildable land shall not include
areas of slopes in excess of 10%.
(c)
Affordable housing. Multiple dwellings must include provisions for providing a minimum of 10% affordable housing meeting the affordability and restrictions of § 249-24.
(d)
Multiple dwellings shall be arranged and designed in accordance
with the conservation subdivision design guidelines regarding multiple
dwellings, including but not limited to the following:
[1]
Structures shall be placed in the landscape in a compact, formal
and otherwise neo-traditional arrangement which creates easily identifiable
common greens, courtyards, plazas and similar outdoor spaces.
[2]
Structures adjacent to smaller-scale single-family neighborhoods
must break the massing of buildings up into a reduced scale which
is in keeping with the surrounding neighborhood residences and provide
adequate visual screening of the development from adjacent residential
properties.
[3]
Structures shall be arranged so as to screen or minimize the
visual prominence of parking areas.
K.
Ownership and management of conservation areas. Lands designated
as conservation areas may be held in private or public ownership.
The applicant will provide documentation for review and approval by
the Planning Board of the proposed ownership and management entity
of the conservation lands. Conservation lands held in private ownership
shall be described in a conservation easement and recorded by the
Town on the official Zoning Map of the Town and recorded by the County
Clerk.
(1)
Ownership shall be with one of the following: the Town; another public
agency subject to its acceptance; a qualified organization, including
a land trust incorporated with a purpose consistent with the use and
management requirements for permanent protection of land; shared,
common interest by all property owners in a subdivision; a homeowners'
condominium, or cooperative association or organization; or other
private ownership encumbered by a conservation easement.
(2)
Acceptance of ownership of conservation areas by Town Board. For
all projects proposing Town ownership of conservation areas, the Town
Board may consider but shall not be obligated to accept ownership
of any proposed conservation areas, either in fee simple or by conservation
easement.
L.
Protection of site features. The following regulations shall be effective
after plan approval and through all phases of construction. Whenever
the requirements of these regulations are at variance with the requirements
of any other lawfully adopted rules, regulations, or ordinances, the
most restrictive, or that imposing the higher standards, shall govern.
These regulations shall be enforced by the municipal Planning Board.
No building permit or certificate of occupancy shall be issued by
the Building Inspector except where all the provisions of these regulations
have been complied with.
(1)
Prior to any site clearing, the limits of clearing and grading shall
be flagged.
(2)
Reserved areas and conserved areas, as denoted on the final plat
plan, shall be fenced off with forty-eight-inch high international
orange plastic web fencing or equivalent. Vehicular traffic and stockpiling
of materials within the fenced area is prohibited.
(3)
All individual trees to be retained on the site, as denoted on the
final plat plan, and which are not within a fenced reserved area or
conserved area, shall be tagged with brightly-colored surveyor's ribbon
at a height of five feet to six feet.
(a)
Fencing (as described in Subsection L(2) above) shall be installed at the dripline of the trees to be retained.
(b)
Vehicular traffic and stockpiling of materials within the dripline
is prohibited.
(c)
Trees being removed shall not be felled, pushed, or pulled into
trees being retained. Trees to be removed that are in close proximity
to trees to be retained shall be felled by hand, with a chainsaw or
equivalent.
(4)
Following completion of flagging and fencing, the Planning Board
and/or its consultants must inspect and approve the locations of the
flagging and fencing prior to site-clearing activities.
(a)
If it is deemed that the flagging and fencing is in agreement
with the final plat plan, approval will be granted to begin site work.
(b)
If it is deemed that the flagging and fencing is deficient,
approval will be withheld until such time as the flagging and fencing
is completed to the satisfaction of the Planning Board and/or its
consultants.
(5)
Periodic inspections of the flagging and fencing may be conducted through the course of construction by the Planning Board and/or its consultants. If at any time it is determined that the site is no longer in compliance, a stop-work order shall be issued. Persons receiving a stop-work order shall be required to halt all land development activities, except those activities that address the violations leading to the stop-work order. The stop-work order shall be in effect until the Town of Wallkill confirms that the land development activity is in compliance and the violation has been satisfactorily addressed. Failure to address a stop-work order in a timely manner may result in civil, criminal, or monetary penalties in accordance with the enforcement measures stipulated in § 209-35, Violations, and § 209-36, Penalties for offenses.
(6)
In the event that reserved areas, conserved areas, or trees to be
retained are disturbed during the construction process, violators
may be required to restore land to its undisturbed condition. In the
event that restoration is not undertaken within a reasonable time
after notice, the Town of Wallkill may take necessary corrective action,
the cost of which shall become a lien upon the property until paid.
[1]
Editor’s Note: This local law stated that it shall apply
to all applications pending within the Town of Wallkill, except for
any that had received preliminary or final approvals, or which had
received a negative declaration from SEQRA, or for which a Draft Environmental
Impact Statement had been accepted.
[Added 12-9-2009 by L.L. No. 8-2009[1]]
A.
Intent. The Planned Residential Development (PRD) Overlay District
is intended to encourage creative, flexible and compact residential
development of a variety of types while promoting the provision of
community amenities and access to a wider range of housing options.
A limited amount of commercial use within the PRD is also encouraged
in order to serve the residents in the immediate area, promote multimodal
transportation options and reduce the strain on the existing road
infrastructure. Its goal is to promote a neighborhood setting with
a diverse mix of housing types and accessory support uses as well
as pedestrian links to existing goods and services in the immediate
area. Approved PRD districts will address the unique environmental,
physical, recreational, and cultural resources of the project area
and surrounding neighborhood through a customized, site-specific master
plan and accompanying regulatory framework.
B.
Flexibility of design. This section recognizes that while the standard
zoning functions of use, bulk, platting, and design are appropriate
for the regulation of land use in areas that are already substantially
developed, these controls represent a type of rigid regulation which
may be harmful to the techniques of land development intended for
the PRD District. Furthermore, a rigid set of space requirements along
with bulk and use specifications may likely frustrate the application
of this concept. To that end, where planned unit development techniques
are deemed appropriate through the rezoning of land to a PRD District
by the Town Board, the use and dimensional requirements which would
otherwise govern are replaced by a review process in which an approved
development master plan becomes the basis for continuing land use
controls on that site.
C.
Minimum requirements. The legislative determination to establish
a PRD overlay district shall be based upon the following requirements:
(2)
Developable area. The minimum area required to qualify for a planned
residential development shall be five contiguous acres of land in
the TC and O/R districts, and 10 contiguous acres of land in the R-2
district, unless multi-unit apartments, high density are proposed
in the TC district, in which case, the minimum area required to qualify
for a planned residential development shall be four contiguous acres
of land. The calculation of such land area shall not include any land
area covered by existing streets, parks, lands designated on the official
map for public purposes, water bodies, watercourses, wetlands, areas
subject to flooding and ponding, areas which have slopes of over 20%
and easements. Sites proposed for development for two or more use
classifications shall consist of the aggregate of the gross land areas
required for each use.
[Amended 2-27-2020 by L.L. No. 1-2020]
(3)
Sewer and water. Parcels proposed for development in a PRD overlay
district must be served by public sewer and public water facilities.
(4)
Ownership. The tract(s) of land located within a PRD overlay district
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 owners of all properties to
be included in the PRD district. In the case of multiple ownership,
the approved plan and all amendments shall be binding on all owners
and all successors in title and interest.
(5)
Permitted uses in PRD districts. The classification and mix of uses
permitted within an area designated as a PRD district shall be determined
by the provisions of this section and the approved plan of the project
concerned. During consideration of the rezoning request, the Town
Board may determine that specific uses are inappropriate for certain
locations of Town and establish a refined list on a case-by-case basis.
This final list would be established for each PRD application and
included in the PRD district legislation and SEQR findings statement.
(a)
Primary uses.
[1]
Multiple dwellings.
[2]
Single-family detached or attached dwellings, townhomes or duplexes.
[3]
Senior housing.
[4]
Notwithstanding any other provision of the Wallkill Zoning Law to
the contrary, multi-unit apartments, high density (minimum 100 units
up to 250 units with a maximum average of two bedrooms per unit),
only in Town Center zoning district.
[Added 2-27-2020 by L.L. No. 1-2020]
(6)
Goals and intent. The goals and intent are that the objectives and
provisions of this article are satisfied as determined by the Town
Board.
D.
Amenity provisions for increased density. The allowable density of
the proposed PRD may be increased beyond the limitations of the underlying
district at the discretion of the Town Board, provided such increase
would not overly crowd or undermine the quality of the site plan concept.
Any increase in density permitted must be accompanied by an amenity
provision provided for the Town by the applicant.
(1)
Amenity provisions shall include on-site and/or off-site improvements
beyond measures required to service the needs of the subject project
and/or beyond the measures needed to mitigate the impact of the subject
project. The amenities may include but are not limited to the following:
(a)
Provisions for the enhancement of public facilities, including
local roads, public water, stormwater, sewage and community services/public
safety/transportation facilities.
(b)
Creation or extension of an open-space system for the public,
including a comprehensive multipurpose path system and conservation
lands (including developable land) permanently protected by conservation
easement or other measure acceptable to the Town.
(c)
Creation of recreational amenities, including parks, walking
or biking trails, community centers and similar features designed
for use by the immediate residents and local public alike.
(2)
Where the Town Board determines that a suitable community benefit
or amenity is not immediately feasible, or otherwise not practical,
the Board may require a cash-in-lieu payment to the Town. These funds
shall be deposited in a dedicated fund for use in future public improvements
or acquisition of community facilities such as recreation facilities,
trails, fishing and water access and public works such as water, sewer,
and transportation facilities, purchase of land, conservation easements
or stewardship funds. Such cash-in-lieu fees shall be in addition
to any other required improvement costs, parkland in-lieu or other
fees required as follows:
(a)
Multiple dwelling units: Three times the current Town recreation
fee for each additional dwelling unit above the base density permitted.
(b)
Other permitted housing types: Four times the current Town recreation
fee for each additional dwelling unit above the base density permitted.
(c)
Permitted nonresidential (accessory commercial) use: Five times
the current Town recreation fee for each additional 1,000 square feet
of previously not-permitted space.
(3)
Amenity provision requirements may be waived or reduced at the discretion of the Town Board for affordable housing units meeting the affordability and restrictions of § 249-24.
(4)
Any proposed amenities included as part of the development package
shall include environmental impact review under SEQRA, even if such
amenities are not proposed to be constructed until a later date.
E.
Requirements of all uses.
(1)
Density. The Town Board shall determine, in each case, the appropriate
land use density and/or dwelling unit density for individual projects.
The determination shall be documented, including all facts, opinions,
and judgments justifying the selection of the rating or density. Allowable
densities may be granted at the base densities indicated below, or
increased up to the bonus density levels with amenities, with Town
Board approval:
|
PRD Permitted and Bonus Densities: Minimum Lot Area per
Dwelling Unit
| ||||
|---|---|---|---|---|
|
Land Use and Dwelling Units
|
TC and R2 Districts
|
O/R District
| ||
|
Base Density
(square feet)
|
Bonus Density Maximum
(square feet)
|
Base Density
(square feet)
|
Bonus Density Maximum
(square feet)
| |
|
Multiple Dwellings, Single-Family Detached, Attached Dwellings,
Townhomes or Duplexes
| ||||
|
One bedroom/ efficiency
|
10,000
|
5,000
|
12,500
|
6,250
|
|
Two bedrooms
|
15,000
|
7,500
|
20,000
|
10,000
|
|
Three or more bedrooms
|
30,000
|
15,000
|
30,000
|
15,000
|
|
Senior Citizen Multiple Dwellings
| ||||
|
Efficiency
|
5,800
|
2,900
|
5,800
|
2,900
|
|
One bedroom
|
7,200
|
3,600
|
7,200
|
3,600
|
|
Two or more bedrooms
|
8,400
|
4,200
|
8,400
|
4,200
|
(2)
Site design. All proposed PRD developments and their accessory uses
shall be designed as an integral campus design, which portrays a consistent
mixed-use aesthetic, promotes walkable accessibility, and provides
well-landscaped pedestrian connections to adjacent neighborhoods,
goods, or services.
(a)
All accessory uses provided must be designed as an integral,
mixed-use part of the building or campus design. Single-tenant, stand-alone
retail buildings are discouraged.
(b)
Gardens, park areas, courtyards, and similar public outdoor
spaces shall be provided as the primary pedestrian accessways.
(3)
Parking requirements. The number of required parking spaces for primary
uses shall be based on the needs of the project but shall not include
unnecessary pavement or overdeveloped parking areas.
(a)
Access roads, driveways, and parking areas typically should
not encircle or surround proposed buildings. If emergency vehicle
access is required on all sides of a building, this should be provided
by means of drivable courtyards, temporary access roads, fire lanes,
or other design solutions which minimize pavement area.
F.
Requirements for specific uses.
(1)
Multiple dwellings must comply with the following:
(a)
Each building shall contain a minimum of three dwelling units.
(b)
Units within a multiple-dwelling housing complex shall be under
common management and ownership or offered for fee-simple ownership
with a homeowners' association governing common areas.
(c)
Affordability standards.
[1]
Developers of multiple-dwelling housing shall allocate a minimum of 10% of the total number of units to affordable housing complying with the performance and eligibility standards of § 249-24 of the Town's Zoning Code.
[2]
Affordable housing shall be integrated into the overall housing
plan of the community in a way where it is impossible to visually
discern affordable-housing units from market-rate units.
(2)
Senior housing/independent senior housing must comply with the following:
(b)
Affordability standards.
[1]
Developers of senior housing communities shall allocate a minimum of 10% of the total number of units to affordable housing complying with the performance and eligibility standards of § 249-24 of the Town's Zoning Code.
[2]
Affordable housing shall be integrated into the overall housing
plan of the community in a way where it is impossible to visually
discern affordable-housing units from market-rate units.
(3)
Accessory nonresidential uses. Due to the self-contained and mixed-use
nature of a PRD development, a variety of nonresidential uses may
be allowed in addition to uses permitted in the underlying zone. These
uses may be permitted as deemed reasonable by the Town Board to primarily
serve the common daily needs of the residents and guests. Such uses
may include, but are not limited to, the following:
(a)
Convenience stores of less than 1,500 square feet.
(b)
Personal services such as beauty/barber shops.
(c)
Restaurants and taverns of no larger than 50 seats.
(d)
Group meeting areas or private dining facilities.
(e)
Fitness centers, day-care centers, and other similar facilities.
(f)
Medical offices or prescription-drug pickups.
(g)
Professional offices.
(h)
Religious facilities.
G.
Approval procedures.
(1)
Application. An application for establishment of a PRD district shall
be made in writing to the Town Board and include the application materials
outlined below. The application shall be accompanied by the applicable
fee in accordance with the fee schedule established and annually reviewed
by the Town Board. The Town Board may establish a working committee,
refer the application to this committee to review and refine the application
with the applicant. The committee shall include no more than two members
of the Town Board and no more than two representatives of the Planning
Board. The working committee may be supported by the Town's planning
and engineering consultants, as determined by the Town Supervisor.
Once the Town Board determines the application adequate for continued
review, the Town Board shall refer the application to the Planning
Board for review and recommendation within 30 days of the date of
receipt. At this time, the applicant would be required to submit a
detailed site plan, including all items described below. The Town
Board is under no specific obligation to accept or grant a PRD district
application.
(2)
Preapplication meeting. Prior to submission of a formal application,
all PRD district applicants are encouraged to present preliminary
concepts to the Town Board. Prior to accepting a formal application,
the Town Board may determine that a preapplication meeting is necessary
and require informal review session(s) be held.
(3)
Application materials. For each formally submitted PRD district application,
the applicant shall furnish a concept plan to the Town Board which
clearly demonstrates the following:
(a)
The existing conditions of the site, including but not limited
to:
[1]
The boundaries of the proposed PRD district;
[2]
All properties within 1,000 feet of the proposed PRD district,
including ownership, zoning, and current land use. Special note should
be given to any nearby commercial uses or services which could be
made accessible from the proposed development;
[3]
Existing roads, structures, and land uses;
[4]
Existing conditions, including photographs of the site, buildings
on adjacent parcels as viewed from public roads, and an aerial photograph
of the side and adjacent properties; and
[5]
Cultural or historical structures or sites within or adjacent
to the proposed PRD district.
(b)
A conceptual PRD design, including but not limited to:
[1]
Conceptual site layout, including the proposed location of buildings,
roadways, parking areas, pedestrian accessways, stormwater facilities,
landscaped and natural areas;
[2]
Conceptual utility and access plans;
[3]
Conceptual phasing plan and development schedule; and
[4]
Any phasing proposals or alternatives.
(c)
Payment into an escrow account of estimated costs for review
of the application by the Town's planning, engineering, and other
required consultants.
(4)
Planning Board Review. In its review of the application, the Planning
Board shall generally follow the procedure established for review
of a conceptual site plan. A public hearing by the Planning Board
is required.
(a)
At the time of submission to the Planning Board, the applicant
shall present a detailed engineering and site plan to the Board that
shall include the following:
[1]
A narrative describing the following information:
[a]
The relative need for the proposed land use in
the area;
[b]
The general need and benefits of the proposed uses
at this location;
[c]
The economic feasibility of the project as well
as the fiscal impact to the Town;
[d]
How the proposed buildings and uses would work
with or improve the existing character of the neighborhood;
[2]
The relative arrangement of structures on the site and their
ability to create pleasant open areas, landscaped courtyards, greens,
and similar outdoor spaces;
[3]
The relative proximity of the project to local commercial goods
or services which may be convenient and mutually beneficial;
[4]
The pedestrian and vehicular circulation through and around
the site and links to any adjacent areas in the immediate neighborhood;
[5]
A detailed utility plan;
[6]
Topography, land cover, vegetation, and subsoil conditions;
[7]
An architectural concept plan;
[8]
Development standards. The development standards element shall
become the applicable regulations under this section for the physical
development within the proposed planned development district. Where
standards are not changed or established in the PRD district, the
standards of the underlying zoning district shall be noted appropriately.
The PRD district shall include a summary table identifying the following
standards where applicable:
[a]
Permitted uses, conditional and accessory uses;
[b]
Maximum development density of residential uses;
[c]
Maximum floor area ratio for nonresidential uses;
[d]
Lot coverage, minimum lot size, height, building/parking
and road setbacks;
[e]
Parking requirements;
[f]
Minimum lot frontages and building massing;
[g]
Landscaping;
[h]
Preservation of historic structure(s);
[i]
Preservation and management of open space and natural
areas;
[j]
Mobility (bikes, pedestrians, golf carts, etc.)
through the district; and
[k]
Any other information that may be required by the
Planning Board for a reasonable understanding of the nature and character
of the proposed development.
[9]
Required SEQRA forms and analysis.
(b)
The Planning Board may recommend at this stage such changes
in the proposed PRD district plans that it deems necessary to protect
established or permitted uses in the vicinity, promote and protect
the orderly growth and sound development of the Town, and otherwise
meet the requirements of this section. The Planning Board shall recommend
approval, approval with modifications, or disapproval by the Town
Board of such PRD district application and shall report its findings
to the Town Board within 60 days following the date of receipt of
review materials. The Planning Board may secure agreement from the
applicant for an extended review period in order to address the reasonable
questions, concerns, and changes to the concept plan recommended by
the Planning Board prior to the Planning Board rendering its report
to the Town Board.
(5)
Referral to County Planning Department. The Town Board shall refer
the application to the Orange County Planning Department for its analysis
and recommendations pursuant to the provisions of § 239-m
of the General Municipal Law and the provisions of this section. The
Town Board shall give the County Planning Department 30 days to render
its report.
(6)
Town Board action. Upon receipt of the Planning Board's report and
the report and analysis from the Orange County Planning Department,
the Town Board may then consider the legal establishment of the PRD
district through Zoning Map amendment. In that the creation of a PRD
district is a legislative act of the Town, the Town Board is not legally
bound in any way to approve any request for the creation of such district.
(a)
Town Board findings. As part of its written decision to approve,
condition, and/or modify the proposed PRD district, the Town Board
shall make the following findings:
[1]
That the project as a whole and uses proposed will add to the
assets of the community and will advance the goals of the Town.
[2]
That any increase in density from the underlying zoning is commensurate
with the overall benefit to the community.
[3]
That the state environmental quality review (SEQR) requirements
have been met.
[4]
Additional performance requirements which may have been specified
by the Town Board in its PRD district approval action may also be
included in the findings statement.
H.
Preexisting developments.
(1)
Multiple-dwelling developments existing as of the effective date
of this section which are nonconforming uses within their district
may be authorized as conforming through the PRD approval process.
(2)
Existing multiple-dwelling developments applying for PRD approval
under this section which are not proposing any density increase are
exempt from the minimum requirements of area, sewer and water service,
ownership and amenity provisions.
I.
Relationship to other requirements. Upon approval of the PRD district
by the Town Board, application shall be made within 60 days for approval
of all or some portion of the intended development, in accordance
with the more specific review requirements of the Town's Subdivision
Regulations, the site plan review and approval procedures, and other
applicable regulations.
(1)
Additional performance requirements which may have been specified
by the Town Board in its PRD district approval action, such as a time
limit for either initiation or completion of improvements and other
construction work on the proposed development, shall also be strictly
enforced, with the Town Board acting to return the property to its
prior zoning classification unless the Town Board, upon specific application
and for good cause, authorizes an extension of such performance requirement.
(2)
If the Town Board grants the PRD districting, the Zoning Map shall
be so noted. The Town Board shall state at this time its findings
with respect to the land use or dwelling unit density. The Town Board
may also, if it feels necessary in order to fully protect the public
health, safety, and general welfare of the community, attach to its
zoning resolution any additional comments or requirements for the
applicant to meet. Such requirements may include, but are not confined
to, visual and acoustical screening, land use mixes, order of construction
and/or occupancy, vehicular and pedestrian circulation systems; necessity
of sites within the area for necessary public services such as schools,
fire houses, and libraries; protection of natural or historic sites;
and other such physical or social demands.
J.
Amendments to PRD overlay districts. Unless otherwise expressly provided
in the specific legislation established for a particular planned residential
development district, the following shall apply:
(1)
Exemptions: Proposed changes to a previously established PRD district
shall be exempt from the formal amendment process if any or all of
the following conditions are the only changes proposed:
(a)
Decrease of height or floor area of any approved project or
program element; or
(b)
Reduction or elimination of any nonrequired parking spaces;
or
(c)
Change to an approved building resulting in a net impact of
less than 5% of total gross square footage for projects less than
100,000 square feet.
K.
Determination of amendment: Minor and Major. The Code Enforcement
Officer shall determine whether a proposed amendment is a minor or
major change to the approved site plan.
(1)
Minor amendment. In making its determination, the Code Enforcement
Officer shall make findings of fact upon which the decision shall
be based. The officer must find that the effect of approving the amendment
would have no significant additional adverse impact on the site or
nearby neighborhood relative to the impact of the previously approved
plan and that the amendment would not significantly alter the intent,
design or intensity of the proposed development. A minor amendment
may be approved by the Planning Board. A public hearing may be conducted
as determined necessary and appropriate by the Planning Board.
(2)
Major amendment. A major amendment is any change to a master plan
and/or development standards and development program that has not
been classified as minor. A major amendment shall be approved by following
the process described in the approval procedure section of this section.
L.
Effect of conditions. All conditions imposed by the Town Board, including
those the performance of which are conditions precedent to the issuance
of any permit necessary for the development of any part of the entire
site, shall run with the land and shall neither lapse nor be waived
as a result of any subsequent change in the tenancy or ownership of
any or all of said area. Such conditions shall further be a part of
any certificate of occupancy or use issued for any use or structure
in such development.
[1]
Editor’s Note: This local law stated that it shall apply
to all applications pending within the Town of Wallkill, except for
any that had received preliminary or final approvals, or which had
received a negative declaration from SEQRA, or for which a Draft Environmental
Impact Statement had been accepted.
[Added 11-30-2005 by L.L. No. 12-2005[1]]
A.
Purpose and intent. The purpose of this overlay is
to establish special land use standards and procedures for areas of
Wallkill where the Office and Research, Town Center, Enterprise, and
Light Enterprise Districts abut a residential district in order to
limit conflicts between business and residential uses in close proximity.
[Amended 7-26-2007 by L.L. No. 15-2007]
B.
Application. The regulations, standards, and procedures
of this section shall apply to:
[Amended 7-26-2007 by L.L. No. 15-2007]
C.
Definitions.
[Amended 7-26-2007 by L.L. No. 15-2007]
(1)
POD CORE OVERLAY AREA
(a)
(b)
POD SECONDARY OVERLAY AREA
As used in this section, the following terms shall
have the meanings indicated:
One-hundred-foot buffer within the Office and
Research, Town Center, Enterprise, and Light Enterprise Districts
where said districts abut a residential zone.
Fifty-foot buffer within all residential districts
that abut the Office and Research, Town Center, Enterprise, and Light
Enterprise Districts.
Two-hundred-foot buffer within the Office and Research, Town
Center, Enterprise, and Light Enterprise Districts where said districts
border with a residential district.
(2)
In the case of very small or narrow lots which would
become unbuildable with the required buffers, POD overlay buffers
may be reduced to a minimum of 25% of the lot width, with additional
landscaping and screening as directed and approved by the reviewing
board.
D.
Uses.
(1)
POD Core Overlay. No structure, including parking
areas, may be placed within the POD Core Overlay Area with the exception
of the following:
(a)
Fences and walls to be used for landscaping
and screening purposes.
(b)
Accessory structures for residential uses, including
sheds and garages (does not include structures for occasional, temporary,
or permanent use by persons residing on the site such as swimming
pools, decks, and accessory dwelling units).
(2)
POD Secondary Overlay. Land within the POD Secondary
Overlay may be used for any purpose otherwise permitted in the underlying
district, subject to the additional restrictions presented herein.
(3)
The following uses are specifically prohibited within
the POD:
(a)
Manufacturing, altering, fabricating, assembling,
finishing, or processing of products or materials.
(b)
Exercise and amusement establishments, such
as bowling alleys, skating rinks, golf driving ranges, miniature golf,
pinball and video arcades, dance halls, sports arcades, pool arcades,
go-cart racing, target practice, archery and related uses.
(c)
Warehouses and wholesale establishments.
(d)
Hotels, motels and conference centers, etc.
(e)
Bus, truck and railroad freight terminals.
(f)
Auditoriums, conference centers, sports arenas
or other similar facilities.
(g)
Airports and heliports.
(h)
Quarry operations for sand, gravel, topsoil
or other aggregate.
(i)
Motor vehicles sales establishments.
(j)
Gasoline filling stations.
(k)
Gasoline service stations.
(l)
Motor vehicle repair garages.
(m)
Motor vehicle rental and leasing establishments.
(n)
Outdoor storage of building supplies, raw material
or equipment.
(o)
Junkyards.
F.
Landscaping. Applicants for development within the
POD shall submit a landscaping plan for review by the Planning Board
and the Town's landscape architect. The landscaping plan shall conform
to the minimum standards detailed below:
(1)
Within Office and Research, Town Center, Enterprise,
and Light Enterprise portions of the POD Core Overlay Area:
[Amended 7-26-2007 by L.L. No. 15-2007]
(a)
Any side yards or rear yards within the POD
shall be a minimum of 100 feet in width.
(b)
Parallel to the lot line of such side or rear
yard within the first 25 feet in depth from said lot line, but not
closer to the lot line than 10 feet, there shall be erected a wood
or masonry fence 15 feet high, in front of which shall be planted
hedges, trees, shrubbery, or other suitable screening material approved
by the Planning Board.
(c)
The Planning Board may allow an alternate mitigation
measure to required fencing and buffering after review and approval
by the Town's landscape architect.
(2)
Within residential portions of the POD Core Overlay
Area:
(a)
Any side yards or rear yards which are adjacent
to a Office and Research, Town Center, Enterprise, and Light Enterprise
District shall be a minimum of 50 feet in width.
[Amended 7-26-2007 by L.L. No. 15-2007]
(b)
Parallel to the lot line of such side or rear
yard within the first 15 feet from said lot line, there shall be planted
hedges, evergreens, deciduous trees and other appropriate screening
material approved by the Planning Board
G.
Performance standards. The following standards shall
apply to all uses and structures located within the POD:
(1)
Privacy. Business uses must not infringe on the privacy
of neighbors or their quiet and peaceful enjoyment of their property.
(2)
Traffic and connections. The Planning Board during
site plan review may limit and/or require vehicle or pedestrian interconnections
between neighboring properties in order to protect the safety of the
public, to reduce congestion, and to reduce the adverse impacts of
commercial traffic along residential streets.
(3)
New commercial buildings. New buildings, conversions,
and site modifications located within the POD shall be sited, designed,
constructed and landscaped in such a manner that, to the maximum extent
feasible, the appearance reflects the existing scale and character
of adjacent residential structures.
(4)
Parking. All parking facilities located within the POD shall be landscaped per § 249-12D(11), Screening and landscaping.
(5)
Lighting.
(a)
All exterior lighting, including lighting fixtures,
lighting of walks and of parking areas, shall be accomplished with
low-level lighting.
(b)
The maximum height of any freestanding light
fixture shall be 15 feet.
(c)
No light source shall be positioned or installed
so as to cause glare or spillage into neighboring property beyond
that normally associated with residential use.
(d)
Lighting fixtures shall include a cutoff-type
luminary to prevent glare and spillage of direct light above the fixture.
(6)
Signs.
(a)
Business uses shall have no more than one sign.
(b)
The maximum sign area will be one square foot
in area for every ten linear feet of lot frontage, but not exceeding
15 square feet.
(c)
Lighting of such sign is permitted by direct illumination (no backlit or translucent signs permitted), provided the lighting source is entirely screened from view and otherwise consistent with § 249-11H(12).
H.
Site plan review. All building and zoning permits
applications in the POD shall be subject to site plan approval. Preexisting
nonconformity with this section shall be reduced to the maximum extent
practicable.
[1]
Editor’s Note: This local law also provided
that it shall not apply to properties which had applications that
were pending relating to construction of three or more new residential
dwelling units and which applications had received, prior to 11-30-2005,
preliminary or final site plan, subdivision, special permit or variance
approvals, or which had received a SEQRA determination of no significant
impact on the environment or for which a draft environmental impact
statement had been accepted by the SEQRA lead agency.
[Added 7-26-2007 by L.L. No. 15-2007]
A.
Purpose. The purpose of this section is to establish
general standards for landscape design, site buffering, and screening.
In addition, these regulations are intended to:
(1)
Facilitate the protection and maintenance of the existing
natural environment.
(2)
Preserve and enhance the aesthetic character of the
community.
(3)
Provide adequate tree canopy and vegetative cover.
(4)
Increase the compatibility between abutting land uses
through landscaped screening and buffers.
(5)
Alleviate the visual impact of development.
B.
General applicability, procedures, and requirements.
(1)
Applicability. This section applies to all applications
for site plan review.
(2)
Procedure. The Planning Board shall review the landscape
plan during site plan review procedures and may accept, reject for
resubmittal, or accept with modifications. Where a specific case arises
that the standard needs to be modified, the Planning Board can do
so upon making findings that the modifications proposed meet the purposes
of these landscape regulations. In all cases, this review shall include
an evaluation by the Town's landscape architect.
(3)
Landscape plan required.
(a)
A landscape plan, prepared by a licensed landscape
architect or qualified landscape designer, shall be included as part
of the site plan review submission materials in order to demonstrate
how the applicant meets the requirements of this section.
(b)
The landscape plan shall be consistent with
the site plan and architectural plans for the project and, in general,
shall provide the Planning Board with a clear understanding of the
character, massing and compatibility of the landscape program. The
landscape plan shall include:
[1]
Tree survey depicting the location, size, description
and number of existing trees with a six-inch or greater caliper.
[2]
Location, type, size, height, and number and
botanical name for all proposed landscaping materials.
[3]
Location of all proposed hardscape features
such as parking lots and structures.
[4]
Construction limit line.
[5]
A selective removal plan should be provided
delineating trees to remain within the limit area, including description
of protection mechanisms such as fences and hay bales.
[6]
Irrigation plan as required by the Planning
Board.
[7]
Additional site features such as sidewalks,
crosswalks, benches, fences, fountains, and other amenities.
[8]
Any other information deemed necessary by the
Planning Board.
(4)
Plant material selection. The selection of plant varieties
shall be based on regional climatic conditions, constraints of location,
effectiveness in screening adjacent properties (where appropriate),
resistance to disease and insect attack, cleanliness and ease of maintenance.
To the greatest extent possible, plants shall be selected based on
consideration of water conservation. Plants that require minimal irrigation
are to be considered and included in the landscape design and maintenance
regime where feasible.
(5)
Plant and tree sizes. The following plant sizes are
the minimum required at time of installation. However, the Planning
Board may require larger material to address particular site issues.
(a)
Deciduous shrubs: twenty-four-inch spread or
height or three-gallon container.
(b)
Evergreen shrubs: eighteen-inch spread or height
or three-gallon container.
(c)
Coniferous trees: six feet height.
(d)
Ornamental and understory trees: caliper of
1.25 inches.
(e)
Deciduous shade trees: caliper of 2.5 inches.
(f)
Ground cover: pot of 2.5 inches (or similar
size if not provided in pots).
C.
Yard landscaping. The existing natural landscape character
shall be preserved to the maximum extent practical. Complete clearing
and stripping of the natural vegetation on a lot is prohibited.
(1)
Frontage along streets. Along the frontage of public
streets, and where the Planning Board finds private streets or driveways
serve aesthetically or functionally as a public street, proposed landscaping
shall include a mix of evergreens, deciduous trees and shrubs, lawn
areas and perennial/annual beds meeting the following minimum standards:
[Amended 12-9-2009 by L.L. No. 8-2009]
(a)
There shall be a minimum of one shade tree per
40 linear feet of frontage along public streets.
(b)
There shall be a minimum of one shrub per five
linear feet of frontage along public streets.
(c)
Required trees and shrubs may be located and
organized in a fashion most appropriate to the site, as approved by
the Planning Board during site plan review.
(2)
Buffers for side and rear yards.
(a)
Landscaping for side and rear yards is intended
to provide varying levels of visual screening and buffering. In general,
this buffering shall be developed to alleviate the impact of nonresidential
development, including but not limited to light, parking and loading
areas, noise and odor, location of ancillary equipment such as dumpsters
and HVAC, traffic flow and light glare from vehicles.
(b)
Buffers shall employ existing vegetation, nursery
stock, fences, walls, earth berms or grade changes in accordance with
these minimum standards. Existing trees to remain within the side
and rear yard and perimeter areas may count towards landscape requirements
below:
[1]
Landscaped buffers required:
[a]
Along the property line where a
nonresidential use is adjacent to a residential zoning district or
use.
[b]
Along the property line where a
multifamily use is adjacent to any residential zoning district or
use.
[c]
Landscaped buffers may be required
by the Planning Board where certain nonresidential uses are adjacent
to other nonresidential uses.
[Amended 12-9-2009 by L.L. No. 8-2009]
|
Use
|
Minimum Width of Buffer Area
(feet)
|
Trees per 100 Linear Feet
|
Shrubs per 100 Linear Feet
|
|---|---|---|---|
|
Nonresidential use adjacent to a residential
district.1
|
20
|
5 (evergreen)
|
20
|
|
Multifamily use adjacent to a residential use
|
15
|
4 (may be mix of evergreen and deciduous)
|
15
|
|
Nonresidential use adjacent to a nonresidential
use or preexisting nonconforming residential use1 (where required by Planning Board)
|
10
|
4 (may be mix of evergreen and deciduous)
|
10
|
|
Multifamily, condos, row houses, attached dwellings, adjacent
to a parking lot, public or private road or street, access road or
aisle for a parking lot
|
15
|
4 (may be mix of evergreen and deciduous)
|
15
|
|
NOTES:
| |
|
1
|
The buffer area, number of trees, and number
of shrubs may be increased by the Planning Board to be commensurate
with the potential impact to neighboring properties.
|
[2]
Additional requirements. For all projects, the
Planning Board may increase the above buffer standards and/or require
a combination of fencing, walls, or berms to minimize the adverse
impacts of development upon adjacent uses.
[3]
[4]
Design standards.
D.
Parking lot landscaping. All parking areas that include
more than 10 spaces shall conform to the following landscape standards.
The Planning Board may allow existing trees to remain within the parking
lot area to count towards the landscape requirements below.
(1)
Parking lot perimeter landscaping.
(a)
A minimum perimeter landscape buffer strip of
10 feet shall be provided for any parking area abutting a public right-of-way
and, at the discretion of the Planning Board, along the main access
road. This requirement does not apply to areas within required driveway
or other access points.
 |
(b)
The parking lot perimeter landscape buffer shall
consist of planting materials and structural features to create a
minimum three-foot high visual relief screen in the form of a hedge,
fence, planter box, berm, dividers, shrubbery, trees, or a combination
thereof, as deemed appropriate by the Planning Board.
(c)
The buffer strip may also include street trees
as required above along the frontage.
 |
(2)
Parking lot interior landscaping.
(a)
If more than 25 spaces in a row are proposed,
then planted islands meeting the standards described herein shall
be provided.
(b)
Where a series of three or more parking aisles
in a row are proposed, a planted median with islands meeting the standards
described herein shall be provided. Where four or more aisles are
proposed, every other aisle shall contain a median.
(c)
Landscaped medians and islands in parking areas
may require irrigation as determined by the Planning Board.
 |
(3)
Design and landscaping of parking lot medians. All
medians shall conform to the following standards:
(a)
Medians shall have a minimum width of 10 feet
between parking rows.
(b)
At least one shade tree for each 40 feet of
median length or one ornamental tree for each 30 feet of median length.
(c)
At least one shrub per five feet of median length.
(d)
The median shall contain adequate ground cover.
(e)
Medians shall not be paved or contain sidewalks
except as appropriate for safe pedestrian circulation.
(f)
Where sidewalks are deemed necessary by the
Planning Board in a median, the minimum median width shall be 20 feet,
to allow for a six foot sidewalk.
 |
(4)
Design and landscaping of parking lot islands. All
parking lot islands shall conform to the following standards:
E.
Retaining wall landscaping. All retaining walls that
exceed five feet in height, including tiered walls, should be screened
by vegetation, such as trees, shrubs and vines, and are subject to
the following landscape standards:
(1)
For walls five feet to just below 10 feet in height,
provide a mix of shrubs and evergreen trees at one plant per 10 linear
feet. Installation height shall be a minimum of three feet.
(2)
For walls 10 feet in height or greater, provide one
evergreen tree per 10 linear feet and one shrub per five linear feet.
Minimum installation size for trees shall be six feet in height, with
a height at maturity to be equal to or greater than the height of
the wall.
(3)
Space along the wall for the above landscaping requirements
shall be provided. Under certain circumstances, the Planning Board
may waive that requirement and recommend alternate landscape screening.
F.
Additional standards. In addition to the minimum standards
above, landscaping and pedestrian area design shall:
(1)
Highlight public access points into buildings, for
example, by the use of smaller-scale flowering trees and shrubs.
(2)
Include benches, lighting, and occasional waste receptacles
in entrance courtyards and along pedestrian walkways or malls.
(3)
Provide for continuous pedestrian circulation between
uses on-site, and connecting to adjacent public, County, or state
roads and transit facilities.
(4)
Screen from view any mechanical equipment, air-conditioning
units, dumpsters, and other equipment not located within the building,
service areas, and loading docks.
(5)
Provide visual relief and interest along large expanses
of building walls and accent building entrances and architectural
features.
G.
Installation. Installation of plantings according
to the approved landscape plan shall be ensured by the Building Inspector
before a certificate of occupancy is issued.
H.
Maintenance of landscaping.
(1)
The owner, tenant, or agent, if any, shall be responsible
for providing, protecting, and maintaining all landscaping in healthy
and growing conditions, replacing it when necessary to ensure continuous
conformance with these guidelines and keeping it free from refuse
and debris. Maintenance shall include the replacement of all dead
plant material within the guaranteed contract period (one year).
(2)
The Planning Board shall require that a bond or letter
of credit, in the amount of 10% of the total installation cost, be
held to ensure the maintenance of landscape as shown on the approved
landscape plan submitted with the site plan. The Planning Board is
authorized to require guaranteed performance contracts such as a letter
of credit, bond or other reasonable contract as means to ensure adequate
and timely maintenance or replacement of the approved landscaping.
