Coxsackie Town City Zoning Code
ARTICLE III
Districts, Boundaries and Regulations
§ 201-6 Establishment of districts.
The Town of Coxsackie is hereby divided into the following zoning districts:
WR - Waterfront Residential District |
RA-1 - Residential Agricultural-1 District |
RA-2 - Residential Agriculutral-2 District |
RR - Rural Residential District |
HDR-1 - High Density Residential-1 District |
HDR-2 - High Density Residential-2 District |
MU - Mixed Use District |
C - Commercial District |
CI - Corridor Industrial District |
I - Industrial District |
Hamlet Overlay District |
Residential Density Overlay District |
Residential Over Commercial Overlay District |
Public Water Supply Overlay District |
Planned Development District |
§ 201-7 Zoning Map.
The areas and boundaries of such districts are hereby established to scale as shown on the map entitled "Zoning Map of the Town of Coxsackie," adopted and certified by the Town Clerk and herein referred to as the "Zoning Map." Said Zoning Map, together with everything shown thereon, is hereby adopted and declared to be a part of this chapter.[1]
[1]
Editor's Note: The Zoning Map is included at the end of this chapter.
§ 201-8 Interpretation of boundaries.
Zoning district boundaries shall be determined as follows:
Boundaries indicated as approximately following the center lines of streets, highways, alleys, streams, lakes or other bodies of water shall be construed to follow such center lines.
Boundaries indicated as approximately following Town limits shall be construed as following such Town limits.
Distances and directions not specifically indicated on the Zoning Map shall be determined by the scale of the map.
In other circumstances not covered by the rules above, the Zoning Board of Appeals shall interpret the district boundaries.
§ 201-9 Prohibited uses.
The following uses and types of operations are specifically prohibited in all districts:
The production from raw materials of cement, explosives, fertilizer, rubber, soaps, starch and the by-products of coal, coke, petroleum and natural gas.
The mailing or processing of flour; the reduction, refining, smelting and alloying of metal or metal ores; the distillation of wood or bones; and the reduction and processing of wood pulp or construction debris.
The operation of stockyards, slaughterhouses and rendering plants.
Shale, gravel, rock and sand mining.
[Added 11-12-2024 by L.L. No. 5-2024]
§ 201-10 WR - Waterfront Residential District.
Purpose and intent.
Areas of the Town designated under this district are adjacent to the Hudson River. The purpose of the district is to protect the waterfront, maintain the existing residential character and allow for low impact water-dependent and water-related recreational uses appropriate for the community and the river.
The specific purposes of this district include the following:
To preserve natural, scenic, and historic values along the Hudson River.
To preserve woodlands, wetlands, and other green space.
To regulate uses and structures along the Hudson River to avoid increased erosion and sedimentation.
To encourage compatible land uses along the Hudson River.
To recognize areas of significant environmental sensitivity that should not be intensely developed.
To allow reasonable uses of lands while directing more intense development to the most appropriate areas of the community.
Permitted and special permit uses. See Schedule A, Use Regulations for Residential Districts, of this chapter.[1]
[1]
Editor's Note: Schedule A is included at the end of this chapter.
Development regulations. See Schedule C, Dimensional Standards,[2] of this chapter and the following additional provisions:
Setback requirements.
The minimum setback from the high water mark of the river shall be 150 feet horizontally away from and paralleling the river.
Structures for a business demonstrated to be water-dependent or water-related may be authorized within the required setback distance with an application for a special permit; however, the Planning Board shall have the authority to impose additional conditions as may be warranted.
Natural vegetation strip. A natural vegetation strip shall be maintained on each parcel or lot between the normal high water mark of the river and a point 100 feet from and perpendicular to the normal high water mark. Removal of vegetation in the natural vegetation strip shall require a special permit in accordance with the following requirements:
No clear-cutting shall be allowed.
Limbing of trees is allowed except that no more than 50% of total tree height may be removed.
One hundred percent of the vegetation strip may be selectively thinned as follows. No more than 35% of the number of trees six inches in diameter at 4.5 feet above the ground, or larger, shall be cut in any ten-year period. In second-growth woodlands where there are relatively few trees of this diameter, no more than 25% of trees four inches in diameter at 4.5 feet above the ground, or larger, shall be cut in any ten-year period. Additional trees may be removed if the applicant can demonstrate one or more of the following conditions:
It is clearly necessary for traffic safety.
It is clearly necessary for the development of an approved principal or accessory use or building, street, sidewalk, paved area, driveway, stormwater facility, utility or sewage system.
It is within 25 feet of the foundation of an approved structure.
It is diseased, dead or poses a clear danger to a structure, utility or public improvement.
It is related to agricultural activities, such as orchards or cultivation activities.
Existing soil and organic matter shall not be altered or disturbed within the vegetation strip.
No structures shall be permitted within the vegetation strip, with the exception of docks, benches, picnic tables, boat ramps, pump houses, pervious walkways, and elevated walkways which provide the property owner with reasonable access to the water. Park-related furnishings (benches, picnic tables, pavilions, refuse containers, etc.) and vehicular parking areas shall be permitted, if associated with public recreation areas or public access to the river. Commercial uses permitted in the district may be located in the vegetation strip with the approval of a special permit from the Planning Board.
No unsightly, offensive, or potentially polluting material, including but not limited to lawn clippings, leaves, garbage, refuse containers, junk cars, junk appliances, or toxic materials, may be dumped or stored within the natural vegetation strip, except for refuse containers and fuel storage and dispensing for permitted commercial uses that obtain a special permit for operating in the vegetation strip. The vegetation strip shall not contain commercial or industrial storage or display, manufacturing or processing activity, loading and unloading areas or vehicular parking areas.
Where there is no preexisting natural vegetation, developers shall provide vegetation which shall substantially screen the proposed development from the water. The width of this revegetated strip should be at least 75 feet from the high water mark of the river. The plant material should consist of indigenous trees and shrubs.
Reasonable efforts shall be taken during construction to ensure that trees protected by this section are not accidentally injured or removed, including root compaction by equipment or change in grade level. The developer shall provide the Town with a tree replacement plan for any protected trees which are destroyed or injured.
Protection of water quality.
Subsurface disposal systems for septic wastes shall be located no less than 100 feet from the normal high water mark.
There shall be no disturbance of existing wetlands located within the WR District, unless appropriate mitigation measures are defined and approved.
Sedimentation basins should be located between new development and the river.
Agricultural activities. Soil shall not be tilled within 50 feet of the high water mark of the river.
Additional requirements and standards.
Any permits required by the Army Corps of Engineers and New York State must be received prior to final approval from the Planning Board.
When located adjacent to historic structures, new buildings shall reflect the architectural character of the existing historic structure.
[2]
Editor's Note: Schedule C is included at the end of this chapter.
Site plan. Any proposed principal building or any proposed or expanded paved area larger than 5,000 square feet that would be partially or entirely located within the WR District shall be submitted for review by the Planning Board. Site plan review shall be conducted in accordance with the procedures established in Article X.
Modifications. The Planning Board may authorize modifications to the requirements of this section upon a finding that such action is necessary to eliminate practical difficulties associated with the strict interpretation of these requirements and that the result will further the purpose and intent of this district.
§ 201-11 RA-1 - Residential Agricultural-1 District.
Purpose. Areas of the Town designated under this district are intended to maintain the rural nature of the Town, to preserve prime agricultural land, to discourage development on land unsuitable for development, and to protect and preserve natural features. This district allows for agricultural uses, low-density residential development, and agriculture-oriented commercial uses.
Permitted and special permit uses. See Schedule A, Use Regulations for Residential Districts.
Bulk, space and yard requirements. See Schedule C, Dimensional Standards.
§ 201-12 RA-2 - Residential Agricultural-2 District.
Purpose. Areas of the Town designated under this district are intended to maintain the rural nature of the Town, to preserve prime agricultural land, to discourage development on land unsuitable for development, and to protect and preserve natural features. This district allows for agricultural uses, low-density residential development, and limited rural commercial and institutional uses.
Permitted and special permit uses. See Schedule A, Use Regulations for Residential Districts.[1]
[1]
Editor's Note: Schedule A is included at the end of this chapter.
Bulk, space and yard requirements. See Schedule C, Dimensional Standards.[2]
[2]
Editor's Note: Schedule C is included at the end of this chapter.
§ 201-13 RR - Rural Residential District.
Purpose. This area of the Town allows for low-density residential development that is reflective of the rural character of the area. This district allows for agricultural uses, low-density residential development, and limited rural commercial and institutional uses.
Permitted and special permit uses. See Schedule A, Use Regulations for Residential Districts.[1]
[1]
Editor's Note: Schedule A is included at the end of this chapter.
Bulk, space and yard requirements. See Schedule C, Dimensional Standards.[2]
[2]
Editor's Note: Schedule C is included at the end of this chapter.
§ 201-14 HDR-1 - High Density Residential-1 District.
Purpose. Areas of the Town designated under this district allow for a variety of higher-density residential development adjacent to the 9W corridor area, which have adequate infrastructure. Uses include single-family detached, attached, two-family, and multifamily dwellings as well as manufactured home parks, and recreation uses.
Permitted and special permit uses. See Schedule A, Use Regulations for Residential Districts.[1]
[1]
Editor's Note: Schedule A is included at the end of this chapter.
Bulk, space and yard requirements. See Schedule C, Dimensional Standards.[2]
[2]
Editor's Note: Schedule C is included at the end of this chapter.
§ 201-15 HDR-2 - High Density Residential-2 District.
Purpose. Areas of the Town designated under this district allow for a variety of higher-density residential development in the Sleepy Hollow area, which have adequate infrastructure. Uses include single-family detached, attached, two-family, and recreation uses.
Permitted and special permit uses. See Schedule A, Use Regulations for Residential Districts.[1]
[1]
Editor's Note: Schedule A is included at the end of this chapter.
Bulk, space and yard requirements. See Schedule C, Dimensional Standards.[2]
[2]
Editor's Note: Schedule C is included at the end of this chapter.
§ 201-16 MU - Mixed Use District.
Purpose. Areas of the Town designated under this district are intended to permit both commercial and residential development adjacent to the 9W corridor. The purpose of this district is to provide a transition between the commercial and residential zoning districts.
Permitted and special permit uses. See Schedule B, Use Regulations for Nonresidential/Mixed Use Districts.[1]
[1]
Editor's Note: Schedule B is included at the end of this chapter.
Bulk, space and yard requirements. See Schedule C, Dimensional Standards.[2]
[2]
Editor's Note: Schedule C is included at the end of this chapter.
§ 201-17 C - Commercial District.
Purpose. Areas of the Town designated under this district are intended to attract commercial development within the 9W corridor. Uses permitted are intended to serve the area population's sales and service needs.
Permitted and special permit uses. See Schedule B, Use Regulations for Nonresidential/Mixed Use Districts.[1]
[1]
Editor's Note: Schedule B is included at the end of this chapter.
Bulk, space and yard requirements. See Schedule C, Dimensional Standards.[2]
[2]
Editor's Note: Schedule C is included at the end of this chapter.
§ 201-18 CI - Corridor Industrial District.
Purpose. Areas of the Town designated under this district are intended to encourage the development of a business and technology park with access to broadband communications technology, to provide for a mix of employee-intensive industries and businesses, and to attract industries and businesses near the major transportation arteries such as railroads, New York State Route 9W, and the New York State Thruway. In addition, this district is intended to concentrate industries and business to minimize environmental impacts while providing for a development pattern that combines parking, landscaping and other design features, which physically and visually link structures and uses within one development. The overall goal is to ensure an attractive industrial zoning district with generous amounts of landscaping and architecture that is compatible to the existing development pattern along the corridor.
Permitted and special permit uses. See Schedule B, Use Regulations for Nonresidential/Mixed Use Districts.[1]
[1]
Editor's Note: Schedule B is included at the end of this chapter.
Bulk, space and yard requirements. See Schedule C, Dimensional Standards.[2]
[2]
Editor's Note: Schedule C is included at the end of this chapter.
§ 201-19 I - Industrial District.
Purpose. Areas of the Town designated under this district are intended to encourage industrial development near the major transportation arteries such as railroads and the New York State Thruway, to concentrate industries to minimize the environmental impacts and conflicts with other types of development in the Town, and to locate industry close to labor supplies and commercial services.
Permitted and special permit uses. See Schedule B, Use Regulations for Nonresidential/Mixed Use Districts.[1]
[1]
Editor's Note: Schedule B is included at the end of this chapter.
Bulk, space and yard requirements. See Schedule C, Dimensional Standards.[2]
[2]
Editor's Note: Schedule C is included at the end of this chapter.
§ 201-20 Hamlet Overlay District.
Purpose. The purpose of this district is to promote higher-density residential and commercial development while reflecting the rural character of the crossroad Hamlets of Earlton and Climax.
Applicability. The provisions of this district apply only to areas designated on the Town of Coxsackie Zoning Map. The underlying zoning district standards apply except for the provisions within this section.
Permitted uses. The underlying uses are permitted with the addition of residential above commercial uses, provided the residential component shall not exceed 50% of the gross floor area of the building.
Lot size. The minimum lot size is two acres. Where a commercial development is proposed of two or more commercial uses, the minimum lot size may be reduced where adequate water and sewer is proposed, at the discretion of the Planning Board.
§ 201-21 Residential Density Overlay District.
Purpose. The purpose of this district is to permit development of single-family detached dwellings at an increased density in areas of the Town adjacent to the Village that are served by public water and sewer. The overall goal is to permit a more efficient utilization of land and of community facilities and services while providing common open space. This district encourages the clustering of units, common open space and community facilities by permitting the calculation of densities over the entire development, rather than an individual lot basis.
Applicability. The Residential Density Overlay District is an overlay zone that is applied over the base zoning district. The regulations apply to areas shown on the Zoning Map with the overlay designation.
Permitted uses. All permitted and special permit uses permitted as of right in the base use district shall apply to this district.
Density. All of the development standards of the base use district shall apply in the Residential Density Overlay with following exception:
Single-family detached uses with a minimum lot size of one dwelling unit per acre if there is evidence of municipal sewer and water; or
Single-family detached uses with cluster development, provided that the maximum density of the tract overall shall not exceed one dwelling unit per acre if there is evidence of municipal sewer and water.
Open space standards for cluster development.
A cluster development must preserve at least 50% of the tract's acreage as open space land. Parking areas, roads, house sites and their improvements shall not be included in the calculation to determine the amount of available open space. However, the entire tract, apart from these exceptions, shall be considered in determining the required amount of open space. The following facilities or improvements may be located on open space land: water systems, stormwater systems, bike paths, walking trails, and other common community facilities that do not involve buildings, such as tennis courts, swimming pools, and playgrounds. Farm buildings on an active farm may also be located in the open space area used to meet the open space requirements.
The proposed development design shall strictly minimize disturbance of environmentally sensitive areas. The Planning Board shall encourage areas of open space to be connected, where appropriate. Where important open space areas exist contiguous to the subject parcel, every effort shall be made to locate the on-site protected open space adjacent to these open space areas.
The Planning Board shall encourage areas of open space along the state, county, and Town roadways located in the Town, where appropriate, to conserve scenic views and elements of the Town's rural character.
Permanent protection of open space.
The preferred way of protecting open space is for the applicant to provide deed covenants and restrictions acceptable to the Town Attorney. Conservation easements will also be considered in a case where they are transferred to a conservation organization or to a homeowners' association acceptable to the Town.
However, regardless of how open space is permanently preserved, it is required that the Town be granted third-party enforcement rights to enforce the terms of all restrictions, easements or other legally binding instruments providing for open space. Such provisions shall include that the Town shall be entitled to reimbursement for all costs, expenses and attorneys' fees incurred in connection with such enforcement, to be collected from the party against whom enforcement is sought.
Maintenance. Unless otherwise agreed to by the Planning Board, the cost and responsibility of maintaining common open space and facilities shall be borne by the homeowners' association, conservation organization or private owner. The Planning Board shall have the authority to require a bond or other security to ensure proper maintenance of open space and the facilities located on the subject parcel.
Requirements for subdivision map and for covenants. The Planning Board shall require the applicant to set forth on the approved subdivision map, a note or notes setting forth all covenants, conditions and restrictions relating to the subdivision, including but not limited to all provisions required for the protection and maintenance of the open space areas. All such covenants, conditions and restrictions shall also be set forth in a document which shall be recorded in the Greene County Clerk's Office at the same time that the approved subdivision map is filed, and this shall be a requirement for approval of the subdivision.[1]
§ 201-22 Residential Over Commercial Overlay District.
Purpose. The purpose of this district is to promote the development or redevelopment of mixed use development and allow residential development over commercial uses in the vicinity of the 9W corridor.
Applicability. The provisions of this district apply only to areas designated on the Town of Coxsackie Zoning Map. The underlying zoning district standards apply except for the provisions within this Section.
Permitted uses. The underlying uses are permitted with the addition of residential above commercial uses provided the residential component shall not exceed 25% of the gross floor area of the building.
Residential unit size. Residential units shall not be more than two bedrooms in size and shall not be less than 800 square feet or greater than 1,200 square feet in total.
Parking. Separate and dedicated parking must be provided for all residential uses equivalent to 1.5 spaces per dwelling unit. Parking shall be appropriately marked, signed for residential use only, and screened from adjacent uses.
Open space. Permanent open space must be provided. For every 1,000 square feet of residential space, there must be 1,000 square feet of open space.
§ 201-23 Public Water Supply Watershed Protection Overlay District.
Purpose.
The purpose of the Public Water Supply Watershed Protection Overlay Districts (Watershed Districts) is to promote the health, safety and general welfare of the community. The Watershed Districts will preserve and protect existing sources of public drinking water supply. Protection of public water supplies preserves important community resources and reduces future financial impacts related to water treatment. The overlay sets forth standards designed to protect water quality from impacts of various activities in the water supply's contributing watershed area. All proposed development within the designated overlay districts must demonstrate that the project would result in no harm to reservoir quality.
The Town does not intend that these regulations interfere with any easement, covenants or other agreements between parties; however, if the provisions of these regulations impose greater restrictions or higher standards for the use of a building or land, then the provisions of these regulations shall control. The goal of the Watershed Districts is to:
Reduce the amount of nutrients, sediment, organic matter, pesticides, and other harmful substances that reach streams, watercourses, drainageways, wetlands, or subsurface water bodies by using scientifically proven processes, including filtration, deposition, absorption, plant uptake, and denitrification, and by improving infiltration, encouraging sheet flow, and stabilizing concentrated flows.
Improve and maintain the safety, reliability, and adequacy of the water supply for domestic, agricultural, commercial, industrial, and recreational uses along with sustaining diverse populations of aquatic flora and fauna. Areas of annual flooding, floodplains, water areas, and wetlands shall be retained in their natural state to the maximum possible extent to preserve water quality and protect water retention, overflow, and natural functions.
Public health, in general. No activity, situation, structure, or land use will be allowed within the Watershed Districts which poses a threat to water quality and the public health, safety, and welfare. Such conditions may arise from inadequate on-site sewage systems which utilize ground absorption; inadequate sedimentation and erosion control measures; the improper storage or disposal of junk, trash or other refuse; the absence or improper implementation of a spill containment plan for toxic and hazardous materials; the improper management of stormwater runoff; or any other situation found to pose a threat to water quality.
Descriptions of Watershed Districts.
The Town of Coxsackie contains five areas that function as source supply watersheds to public drinking water reservoirs. The public water supplies protected under this chapter include:
The Public Water Supply Watershed Protection Districts are established on a map entitled, "Watershed Protection Map of the Town of Coxsackie, Greene County NY, December 2007" ("the Watershed Districts Map"), which is adopted simultaneously herewith. Watershed boundaries as delineated are based on NYS Department of Health mapping for reservoir source water assessment.[2]
[2]
Editor's Note: The Watershed Protection Map is included at the end of this chapter.
Rules governing the interpretation of watershed area boundaries. Where uncertainty exists as to the boundaries of the watershed areas, as shown on the Watershed Protection Map of the Town of Coxsackie (Watershed Map), the following rules shall apply:
Where area boundaries are indicated as approximately following either street, alley, railroad, or highway lines or center lines thereof, such lines shall be construed to be said boundaries.
Where area boundaries are indicated as approximately following lot lines, such lot lines shall be construed to be said boundaries. However, a surveyed plat prepared by a registered land surveyor may be submitted to the Town as evidence that one or more properties along these boundaries do not lie within the watershed area.
Where the watershed area boundaries lie at a scaled distance more than 25 feet from any parallel lot line, the location of watershed area boundaries shall be determined by use of the scale appearing on the watershed map.
Where the watershed area boundaries lie at a scaled distance of 25 feet or less from any parallel lot line, the location of watershed area boundaries shall be construed to be the lot line.
When a large parcel is bisected by the boundary of a watershed, the applicant may submit a detailed topographical map of the property as documentation of those portions of the property that are within as well as outside a watershed boundary.
Where other uncertainty exists, the Town Planning Board shall interpret the Watershed Map as to location of such boundaries. The Town may, at the applicant's expense, consult with agencies or others in determination of a projects location within a watershed area and applicability of these standards.
Applicability. The provisions of this section shall be applicable to all new major subdivisions. Existing subdivisions and nonresidential uses initiated or completed prior to the effective date of adoption of this chapter, and minor subdivisions are not subject to the requirements of this chapter.
Wastewater treatment system. All development within a Watershed District will be undertaken so as to provide the highest level of wastewater treatment.
No variances shall be provided for any local or state regulation which sets forth the treatment requirements and performance standards of any proposed treatment systems.
In addition to meeting or exceeding Part 75A of the NYS Heath Code as it relates to design and performance of individual septic systems, all systems constructed in a Watershed District are subject to a requirement for routine inspection and maintenance.
For any new construction, no individual sewage disposal system shall be installed any closer than 100 feet to any public water body or associated wetlands area, or within 25 feet of any required buffer as set forth in the Town of Coxsackie natural resource protection standards.[3]
For any major subdivision, all septic tanks will be pumped and inspected by a State of New York licensed septic services provider to ensure proper functioning of the system. Pumping and inspections shall be conducted no less than once every five years, with a copy of the pumping schedule and inspection report sent to the Town of Coxsackie Building Inspector/Code Officer within 30 days of the pumping/inspection services.
The requirements of this section shall be incorporated into the deed of the properties to be developed, with language that clearly informs the owner that they are located with a Watershed District and of their need to comply with the inspection and maintenance requirements of this section. If two or more dwelling units share a common sewage treatment system, a perpetual maintenance agreement binding the dwelling owners is required.
Sediment and erosion control. It is the objective of this section to safeguard the public welfare by guiding, regulating, and controlling the design, construction, use, and maintenance of any development or other activity which disturbs or breaks the topsoil or results in the movement of earth on land. The objective is to control soil erosion and sedimentation caused by land use or development activities. All development activities, regardless of applicability of the NYS Stormwater Rules and Regulations, shall provide for effective erosion and sediment control both during construction as well as during the life of the project. Specifically:
All projects, including single- and two-family residences, shall minimize the length of time soils are exposed due to site preparation and grading activities. All exposed soils must be stabilized in accordance with the NYS Erosion and Sediment Control Guidelines within 15 days of completion of grading. Land shall not be left exposed during the winter months under any conditions.
When final site grading will be delayed due to other construction activities which may require redisturbance of the soil, the project must use appropriate temporary stabilization measures to prevent loss of soil from the site. Silt fence or other barrier based system cannot be used alone as temporary measures. A project should be staged such that all rough grading is seeded and mulched within 15 days of completion of grading.
Erosion and sediment controls shall be designed, constructed and maintained in accordance with the NYS Stormwater Design Guidelines, NYS Erosion and Sediment Control Guidelines and the NYSDEC General Permit for Construction Activities.
Permanent vegetation and related structures shall be installed as soon as practical, or within the time specified in the permit. Permanent vegetation shall not be considered established until a ground cover of 85% or the surface area or more is achieved.
Permanent or temporary soil stabilization must be applied to denuded areas within 15 days after final grade is reached on any portion of the site. If a site will be left in rough grade condition for more than 15 days, temporary seeding and mulching is required. Such temporary measures are to be maintained during all construction activities, and much be amended or replaced if the measures are not effective in controlling erosion. Soil stabilization must also be applied within 15 days to denuded areas which may not be at final grade but will remain dormant (undisturbed) for longer than 60 days. Soil stabilization refers to measures, which protect soil from the erosive forces of raindrop impact and flowing water. Applicable practices include vegetative establishment, mulching, and the early application of gravel base on areas to be paved.
Sediment basins, debris basins, desilting basins, silt traps or filters shall be installed and maintained to remove sediment from runoff waters from land undergoing development.
Sediment basins and traps, perimeter dikes, sediment barriers and other measures intended to trap sediment on-site must be constructed as a first step in grading and must be made functional before up-slope land disturbance takes place. Earthen structures such as dams, dikes, and diversions must be seeded and mulched within 15 days of installation.
All on-site stormwater conveyance channels shall be designed and constructed to withstand the expected velocity of flow from a ten-year frequency storm without erosion. Stabilization adequate to prevent erosion must also be provided at the outlets of all pipes and paved channels. Conveyance channels which exhibit signs of erosion must be remediated by reapplying the failed erosion control measures or installing new erosion control measures that are appropriate for the flow experienced by the channel.
Prohibited activities. Certain activities which may have a high potential to impact water supply protection are prohibited within the Watershed District, or are subject to increased buffer requirements related to wetlands, streams and watercourses.
The following activities are prohibited within a Watershed District under all circumstances:
Landfill, to include domestic, industrial, construction and demolition or hazardous materials.
Land spreading of sludge or ash of any kind, including domestic wastewater or industrial processes.
The creation or manufacturing of any hazardous materials without an approved spill prevention and response plan that is approved by the Town of Coxsackie Planning Board and the NYS Department of Health.
Dry wells directly connected to any floor drain, garage drain, wash basin or sink.
The following activities are not allowed within 25 feet of any buffer zone (as defined and required in the Town of Coxsackie natural resource protection standards):[4]
Septic tanks and drain fields.
Feed lots or other livestock impoundments. Pastures are exempt.
Trash containers and dumpsters which are not under a roof or which are located so that leachate from the receptacle could escape unfiltered and untreated.
Fuel storage in any amount.
Activity involving the manufacture, bulk storage, or any type of distribution of petroleum, chemical or asphalt products or any materials hazardous to the public water supply (as defined in "The Hazardous Materials Spills Emergency Handbook," American Waterworks Association, 1975, as revised).
§ 201-24 Planned Development District.
Purpose.
It is the intent of this section to provide performance criteria in the context of flexible use and design regulations so areas may be developed, incorporating a variety of uses, containing both individual building sites and common property, which are planned and developed as a unit. In adopting this section, the Town Board declares that it is its intent to:
The Town Board further declares that while the standard zoning functions (use and bulk) and the subdivision functions (platting and design) are appropriate for the regulation of land use, these controls represent a type of regulatory rigidity and uniformity which may not be best suited to the development of land contained in the planned development concept. Further, this section recognizes that a rigid set of space requirements, along with bulk and use specifications, would frustrate the application of this concept. Thus, where planned development techniques are deemed appropriate through the rezoning of land to a Planned Development District by the Town Board, the set of use and dimensional specifications located elsewhere in this chapter are herein replaced by an approval process in which an approved plan becomes the basis for continuing land use controls.
In order to carry out the intention of this section, a planned development shall achieve the following objectives:
A choice in the types of environment, tenure type and community facilities available to existing and potential Town residents.
More useable open space and recreation areas.
Preservation of trees and outstanding natural topographic and ecological features.
A creative use of land and related physical development, which allows an orderly transition of land from a vacant state to a developed state.
An efficient use of land resulting in economical networks of utilities and streets.
A development pattern in harmony with the planning objectives of the Town.
General requirements.
Permitted uses.
Uses within an area designated as a Planned Development District are to be determined by the provisions of this section as well as the conditions of the approval of each planned development project.
Permitted accessory uses as permitted by the Town Board which shall be in harmony with and customarily incident to the principal use or building and located on the same lot or parcel of land.
Minimum area. The minimum development area required to qualify for a Planned Development Zone designation, shall be five acres in the case of a commercial PDD, 10 acres in the case of a mixed-use PDD, and 10 acres in the case of a senior citizen PDD.
Ownership. The ownership tract of land under application for consideration for a Planned Development Zone 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 or their agent(s) of all property included in the project. The approved plan shall be binding upon all the property owners and such owners shall provide written certification of such binding agreements.
Location of Planned Development District. The Planned Development District may be applicable to any area of the Town, where the applicant can demonstrate that the characteristics of the area will meet the objectives of Subsection A.
Density. To more effectively utilize land in a planned development, improved environmental quality can usually be produced with greater density than is usually permitted in traditional zoning districts. The Town Board shall determine in each case the appropriate land use intensity and/or dwelling unit density for individual projects. The determination of land use intensity ratings or dwelling unit density shall be thoroughly documented, including all facts, opinions and judgments justifying the selection of the densities.
Commercial planned development uses. Permitted principal uses: commercial and business uses of a variety of types, such as research and development facilities, high technology assembly, professional offices, commercial recreation facilities, retail and service establishments that would compliment other commercial uses and such other uses as may be deemed appropriate for the area under consideration by the Town Board and in keeping with this section and the objectives found in Subsection A.
Mixed-use planned development uses. A mixed-use planned development shall reflect the elements expressed in previous sections of these planned development requirements, including the objectives found in Subsection A. The mixed-use planned development may incorporate a variety of housing types such as detached, semidetached, attached, apartments, or any combination thereof, and commercial and business uses as outlined in Subsection A, to achieve its objectives. Commercial uses shall include retail and service establishments that compliment the other PDD uses, high technology, assembly, professional offices and commercial recreation as outlined in Subsection A, to achieve its objectives.
Senior citizen planned development. A senior citizen planned development may incorporate a variety of housing types as set forth heretofore. Occupancy shall be limited to senior citizens, handicapped persons, or senior citizen or handicapped families. Housing types may include apartments, accessory apartments, senior cottages, townhouses, or continuing care communities that include townhouses, apartments, nursing care in a campus setting, or assisted living care.
Open space requirements.
Common open space totaling not less than 30% of the total Planned Development District shall be provided in perpetuity. However, should the underlying zoning district require more open space, then the underlying zoning district requirements shall take precedence.
Parking areas, roads, house sites, other impervious surfaces, and their improvements shall not be included in the calculation to determine the amount of available open space. However, the entire tract, apart from these exceptions, shall be considered in determining the required amount of open space. The following facilities or improvements may be located on open space land: common septic systems, water systems, stormwater systems, bike paths, walking trails, and other common community facilities that do not involve buildings, such as tennis courts, swimming pools, and playgrounds.
The location, size, and character of the open space must be suitable for the PDD and must be used for amenity or recreational purposes.
The proposed development design shall strictly minimize disturbance of environmentally sensitive areas. The Planning Board shall encourage areas of open space to be connected, where appropriate. Where important open space areas exist contiguous to the subject parcel, every effort shall be made to locate the on-site protected open space adjacent to these open space areas.
A recreational fee in lieu of land, as set forth in the Town's Fee Schedule,[1] may be imposed to accommodate the foreseeable recreational needs of the residents of the proposed development, should the Planning Board determine that the open space lands set aside will not provide adequately for these recreational needs.
[1]
Editor's Note: The Fee Schedule is on file in office of the Building Inspector/Code Officer.
The preferred way of protecting open space is for the applicant to provide deed covenants and restrictions acceptable to the Town Attorney. Conservation easements will also be considered in a case where they are transferred to a conservation organization or to a homeowners' association acceptable to the Town. However, regardless of how open space is permanently preserved, it is required that the Town be granted third-party enforcement rights to enforce the terms of all restrictions, easements or other legally binding instruments providing for open space. Such provisions shall include that the Town shall be entitled to reimbursement for all costs, expenses and attorneys' fees incurred in connection with such enforcement, to be collected from the party against whom enforcement is sought.
Unless otherwise agreed to by the Planning Board, the cost and responsibility of maintaining common open space and facilities shall be borne by the homeowners' association, conservation organization or private owner(s). The Planning Board shall have the authority to require a bond or other security measure to ensure proper maintenance of open space and the facilities located on the subject parcel.
When a PDD borders on active farm land, no dwelling structure shall be allowed within 100 feet of a field or pasture or 300 feet of a barn.
Sewage treatment systems. The Town of Coxsackie encourages shared or community sanitary sewage disposal systems for planned developments. Such systems may be located in the required open space lands, provided such areas are not paved or covered with other impervious surfaces. Sanitary sewage disposal systems of an individual nature may also be located within or extend into required open space areas. Regardless of the type of subsurface sewage disposal methods employed, all required separation distances shall be observed and the ownership and maintenance responsibilities associated therewith shall be clearly defined in agreements submitted for approval as part of the application. No application shall be approved that does not provide lot buyers with both the legal authority and the responsibility, individually or collectively, to maintain all sewer facilities on a continuing basis. This may include the creation of a special district under Articles 12 and 12-a of New York State Town Law.[2]
Building design standards. All buildings shall be an integral part of the layout and design of the entire development. Individual buildings shall generally be related to each other in design, massing, materials, placement, and connections so as to create a visually and physically integrated development.
Landscaping design standards. The development shall have a coordinated landscape design for the entire site. Wherever possible, existing trees shall be conserved and integrated into the overall landscape design. Landscaping shall include shrubs, ground cover, and street trees. Street trees shall be provided along all streets and pedestrian walkways. Parking lots shall be landscaped and screened.
Circulation design standards. Roads, pedestrian walkways and/or sidewalks shall be designed as an integral part of the overall site design and shall be connected to the existing sidewalk network.
Procedure. Whenever any planned development is proposed, before any building permit is issued in such Planned Development District and before any subdivision plat or any part thereof may be filed in the office of the venued County Clerk, the developer or his authorized agent shall apply for and secure approval of such planned development in accordance with the following procedures:
Application for a planned development shall be made to the Town Board of the Town of Coxsackie on such forms as may be provided by the Board or its agent. The application shall be accompanied by a sketch plan submission as described in Article X of this chapter.
Referral of the application to the Town of Coxsackie Planning Board. The Town Board shall refer the application and accompanying documents to the Planning Board for its review and recommendation. In reviewing the application, the Planning Board shall follow the process for review of sketch plans as set forth in Article X of this chapter. Upon completion of its review, the Planning Board shall prepare and submit a report to the Town Board regarding this application, recommending either adoption, adoption with modification or rejection of the requested rezoning and stating the reasons for such recommendation. If the recommendation is favorable, the report shall include the following findings and basis therefor:
That the proposal conforms to the Town's comprehensive zoning objectives.
That the proposal meets the intent and objectives of planned development as expressed in Subsection A.
That the proposal is conceptually sound in that it meets local and area-wide needs and it conforms to accepted design principles in the proposed functional roadway and pedestrian system, land use configuration, open space system, drainage system and scale of elements, both absolutely and to one another.
That there are adequate services and utilities available or proposed to be made available in the construction of the development.
A determination of the applicability of the State Environmental Quality Act.[3]
[3]
Editor's Note: See Environmental Conservation Law § 8-0101 et seq.
That traffic will not have an adverse impact on the adjoining transportation system.
Referral of application to the County Planning Board. Where required by law, the Town Planning Board shall refer the application for zoning to a Planned Development District to the County Planning Board. The County Planning Board shall make a report within 31 days of the referral. Failure to make a report within 31 days shall be deemed to mean such Board has no objection to the proposal.
Town Board action.
Upon receipt of the report from the Town Planning Board, the Town Board shall review the application and the Town Planning Board's recommendation. The Town Board may then set a date for and conduct a public hearing to consider the application. Upon completion of the public hearing and due consideration of the application, the Town Board shall act to adopt, adopt with modifications or reject the requested rezoning.
If the Town Board grants the Planned Development District, the Zoning Map shall be so notated.
The Town Board may, if it believes it necessary in order to fully protect the health, safety and general welfare of the community, attach to its zoning resolution additional conditions or requirements the applicant must meet.
Such requirements may include but are not limited to:
Screening and buffering.
Land use mix.
Schedule of construction and occupancy.
Pedestrian and vehicular circulation system.
Parking and snow removal.
Sites for public service.
Protection of natural and/or historical features.
Planning Board site approval.
Upon approval of the zoning request by the Town Board, the applicant shall submit final plans to the Planning Board, consistent with the concept plans submitted with the application to rezone, with such modifications as may have been required by the Town Board. Final site plan submittal requirements shall be as set forth in Article X of this chapter, and the following additional information shall be required:
A street and traffic plan, showing traffic flow patterns, proposed streets within the project and proposed ingress and egress from the adjoining highway network. All streets shall be constructed in conformity with the Town's requirements and shall be offered for dedication to the Town. Any and all proposed walkways within the project site shall be hard-surfaced and have a minimum width of five feet.
Residential parking. Parking shall be shown on the final plan in sufficient quantities so that on the property for each dwelling unit has no less than two off-street parking spaces, each space to be a minimum of nine feet wide and 18 feet long, are provided. Further, common parking areas shall be provided, containing no fewer than 0.5 additional parking spaces for each dwelling unit. These common parking areas shall be no further than 250 feet from the building or buildings they are intended to serve. Also, where the project shall have regular employees, one parking space shall be provided for each employee known to be working on each shift. The Town Board may increase or decrease said parking requirements herein at the time each district is established to reflect parking demand reasonably anticipated by the type of project being proposed to be developed.
Provisions for winter snow storage for parking areas shall be included as an integral part of the project plan, and such snow storage provisions shall not reduce the number of parking spaces beyond the minimum number established by these rules. A plan for snow removal rather than storage shall not be an acceptable alternative.
Any proposed parking other than for residential purposes shall meet the parking standards for the proposed use or uses as set forth in § 201-41 of this chapter.
The proposed location and approximate size and design for all playgrounds, recreation areas and land reserved for open space.
Proposed safeguards to be provided to minimize possible detrimental effects of the project on adjacent properties and the neighborhood in general.
Prior to final site approval, the Town Planning Board shall present plans to the Town Board for its review for the purpose of ascertaining that the finalized plans are consistent with the original concept plans used for the rezoning of the parcel to the Planned Development District.
Requirements and procedures for review, approval and implementation of the final planned development plans, including but not limited to review of final site development plans, issuance of approval, compliance with the approval, decisionmaking time frames, filing, performance guaranties, escrow provisions, administration, enforcement and penalties shall be as set forth in the Town Board approval.
Prior to the commencement of any site work, the developer shall comply with the Town's requirements for grading, including the posting of cash escrow, or other security as required and any other local, state and federal laws and regulations as may apply.
Required timely commencement of project. Any project within an area zoned or rezoned as a Planned Development District shall commence building and construction within two years following the time when the project could, upon proper application, secure a building or grading permit. In the event such action shall not be timely undertaken, by securing required permits and commencing construction or grading, the planned development approval shall terminate, and the project area classification shall revert to the district classification existing prior to the approval of the Planned Development District.