Galway Town City Zoning Code
ARTICLE V
Districts, Use and Area Requirements
§ 115-16 Agricultural-Residential District - AR.
The following shall apply in the AR Agricultural-Residential District:
A.
Minimum lot area, yard, setback and height requirements: see Schedule of Yard, Area and Bulk Requirements, Appendixes 3A and 3B.[1]
[1]
Editor's Note: Appendixes 3A and 3B are included at the end of this chapter.
B.
Principal uses: see Schedule of Uses, Appendix 4.[2]
[2]
Editor's Note: Appendix 4 is included at the end of this chapter.
C.
Height of accessory buildings. Agricultural use buildings may exceed the height regulations applicable to nonagricultural use buildings.
D.
Specific regulations for the district.
(1)
On corner lots, there shall be provided on the side street a side yard equal in depth to the required front yards on said side street.
(2)
On corner lots, accessory buildings and off-street parking spaces shall be set back from the side street line a distance equal to the front yard requirements on such side streets.
(3)
The minimum distance between accessory buildings shall be 10 feet, excepting garages.
(4)
Roadside stands are allowed as an accessory agricultural use to sell primarily locally produced agricultural products. Such stands shall be at least 20 feet from the street or highway right-of-way line.
(5)
Accessory structures may be placed on the lot prior to establishment of the principal structure only upon receiving a permit from the Zoning Administrator.
(6)
Maximum coverage of structure. The total square footage of all structures on a residential lot shall not exceed 0.25 of the maximum lot coverage as set forth in Appendixes 3A and 3B.
(7)
Domestic animals.
(a)
Area requirements for the keeping of domestic animals are as follows:
Animal Type | Minimum Lot Size | Additional Animals |
|---|---|---|
Horses, mules, cattle | 1 per two-acre lot | 1 acre per animal |
Goats, pigs, sheep | 2 per one-acre lot | Pro-rated number of animals for each portion of an acre |
Rabbits, fowl and game birds | 50 per one-acre lot | |
All other domestic | 1 per one-acre lot | 1/2 acre per additional animal |
(b)
Setbacks.
[1]
Manure storage shall be located a minimum of 100 feet from any property line or a minimum of 200 feet from a property line when upgradient of existing wells.
[2]
Buildings for the housing of animals shall have the following minimum setback distances:
[a]
Front lot line: 75 feet.
[b]
Side lot line: 100 feet.
[c]
Rear lot line: 100 feet.
(c)
These requirements may be waived upon demonstration of animal-keeping practices acceptable to a representative from Cornell Cooperative Extension or the New York State Farm Bureau and the Town of Galway.
E.
Design guidelines. The following guidelines shall be considered by the Planning Board in the site plan and subdivision review of any use in the Agricultural-Residential District:
(1)
Provide for, and encourage, 40% to 50% of lots remain as open space or available for agricultural uses by encouraging lot layouts such as clustering or conservation subdivision design.
(2)
Ensure the provision of adequate water supply, sewage disposal and transportation infrastructure in ways that protect the health, safety and welfare of residents and are consistent with rural character and continuing agricultural activities.
(3)
Encourage the integration of new subdivisions with the surrounding existing neighborhoods and rural character. The site layout of new development in the countryside should protect roadside views and ensure that home sites blend into the landscape to the greatest extent possible.
(4)
Retain existing tree rows and hedgerows, stone walls, and similar features in the development of any new use or the expansion of any existing use.
(5)
The primary means of access to lots in the Agricultural-Residential District should be via the existing street corridors other than in PDDs, and conventional, cluster and conservation subdivisions.
(6)
Any off-street parking or loading areas, accessory use structures or storage other than sheds should be screened from adjacent properties by landscaping or fencing.
(7)
New buildings adjacent to significant historic structures should be designed in a manner consistent with the general architectural features of such historic structures in terms of form, materials, fenestration, and roof shape.
(8)
New streets should be designed with rural characteristics, including minimal tree clearing, minimal grading and filling of existing topography, and usage of natural drainage where practicable. It is suggested that names for new roads should be taken from the historical names list available in the Town Clerk's office. Building envelope placement should minimize placement of new structures in the center of former agricultural fields and should instead take advantage of hedgerows or other natural features that could be incorporated into the layout.
(9)
Major modifications to the existing landscape, such as extensive grading, clear-cutting of trees, or other similar activities, shall be avoided.
(10)
Streets should be designed to maintain and preserve natural topography, significant landmarks, and trees; to minimize cut and fill; and to preserve and enhance views and vistas on or off the subject parcel. Road design should reflect the context and characteristics of the area. The use of narrow roads, similar to existing country routes, is encouraged. In more dense areas, street trees should be utilized to provide shade and separate the roadway from pedestrians.
(11)
The number of curb cuts on existing roads should be minimized, and shared driveways should be utilized; linked/shared parking where possible.
F.
Clustered or conservation subdivisions. The Planning Board is authorized to allow or require adherence to the regulations of § 115-24 for all subdivision applications in this zoning district where, in the opinion of the Planning Board during SEQRA review, the purposes of this chapter cannot be met under conventional subdivision methods.
§ 115-17 Residential Core District - RC.
The following shall apply in the RC Residential Core District:
A.
Minimum lot area, yard, setback and height requirements: see Schedule of Yard, Area and Bulk Requirements, Appendix 3A and 3B.[1]
[1]
Editor's Note: Appendixes 3A and 3B are included at the end of this chapter.
B.
Principal uses: see Schedule of Uses, Appendix 4.[2]
[2]
Editor's Note: Appendix 4 is included at the end of this chapter.
C.
Accessory uses: uses customarily accessory to and subordinate to a principal use.
(1)
Location. An accessory building shall not be located in a front yard. An accessory building may be located within and/or outside the parameters of the required side yard or rear yard, provided that:
(a)
Such building or garage shall be set back 25 feet from any side or rear lot line and, if separated, shall not be located less than 10 feet from the principal building.
(b)
Pairing. Accessory buildings constructed at the same time may be located in pairs or groups in the required rear or side yard along the common side lot line or rear lot line of contiguous lots.
(2)
Height. An accessory building shall not exceed 28 feet in height.
(3)
Maximum coverage. The total square footage of all structures on a residential lot shall not exceed 30% of the maximum lot coverage as set forth in Appendixes 3A and 3B.
D.
Design guidelines. The following guidelines shall be considered by the Planning Board in the site plan and subdivision review of any use in the Residential Core District:
(1)
The adaptive reuse of structures should be encouraged in such a way as to complement the character of the existing neighborhood while avoiding the demolition of viable structures.
(2)
Existing tree rows and hedgerows, stone walls, and similar features should be retained as much as possible in the development of any new use or the expansion of any existing use.
(3)
The number of off-street parking spaces required should be the minimum necessary to adequately serve the intended use.
(4)
The primary means of access to new lots should be via the existing street corridors other than in PDDs or subdivisions.
(5)
Off-street parking or loading areas, accessory use structures or storage other than sheds may be required to be screened from all walkways, adjoining residences, and streets utilizing appropriate vegetation and/or fencing.
(6)
Where practicable, new buildings adjacent to significant historic structures should be designed in a manner consistent with the general architectural features of such historic structures in terms of form, materials, and fenestration and roof shape.
(7)
New or in-fill buildings should be located in line with existing buildings to maintain the integrity of the existing building setback line of the street.
(8)
Major modifications to the existing landscape, such as extensive grading, clear-cutting of trees, or other similar activities, shall be avoided to the extent possible.
(9)
The street system should be an "interconnected pattern" of small blocks in a grid or modified grid system to diffuse traffic, and shorten walking distances. Block lengths should generally be between 200 feet and 600 feet in length and include "stub streets" for future growth as needed. The orientation of streets should enhance the visual impact of common open spaces and prominent buildings.
(10)
Motor vehicle travel lanes should be designed to minimize conflicts with pedestrians and bicycles; intersections should be aligned for clear visual observation. Long, uninterrupted segments of straight streets should be avoided. Curves should be incorporated into street design to slow traffic Streets should be designed based on the character of the area.
(11)
All development within the Residential Core District should incorporate smart or "low-impact" development procedures to reduce the impact of new growth on water quality. Components of these procedures include, but are not limited to:
(a)
Limiting total impervious surface coverage within the RC District (See Appendixes 3A and 3B[3]).
[3]
Editor's Note: Appendixes 3A and 3B are included at the end of this chapter.
(b)
Retaining and incorporating natural site features that promote infiltration of stormwater on a developed site.
(c)
Using bioretention, pervious surfaces, open space surface water dispersion, soil restoration, and other dispersed facilities to control stormwater as close to the origin as possible.
(d)
Use of traditional conveyance and pond technologies to manage stormwater quality and quantity should only be considered after all other low-impact development techniques have been considered and used to the greatest extent possible.
(12)
In order to be consistent with the scale of buildings in traditional and new hamlets, no single building shall have a building footprint exceeding 3,500 square feet.
§ 115-18 Rural Hamlet District - RH.
The following shall apply in the RH Rural Hamlet District:
A.
Minimum lot area, yard, setback and height requirements: see Schedule of Yard, Area and Bulk Requirements, Appendixes 3A and 3B.[1]
[1]
Editor's Note: Appendixes 3A and 3B are included at the end of this chapter.
B.
Principal uses: see Schedule of Uses, Appendix 4.[2]
[2]
Editor's Note: Appendix 4 is included at the end of this chapter.
C.
Accessory uses: uses customarily accessory to and subordinate to a principal use.
(1)
Location. An accessory building shall not be located in a front yard. An accessory building may be located within and/or outside the parameters of the required side yard or rear yard, provided that:
(a)
Such building or garage shall be set back 10 feet from any rear or side lot line and, if separated, shall not be located less than 10 feet from the principal building.
(2)
Height. An accessory building shall not exceed 28 feet in height.
D.
Permitted use conditions. All uses permitted in this district are subject to the following conditions:
(1)
Retail businesses, personal service establishments or restaurants of the drive-in type offering goods or services directly to customers in motor vehicles are not permitted, with the exception of banks.
E.
Commercial uses permitted. The uses shown in Appendix 4 are permitted subject to a site plan review and authorization by the Planning Board for a special use permit.[3]
[3]
Editor's Note: Appendix 4 is included at the end of this chapter.
F.
Design guidelines. The following guidelines shall be considered by the Planning Board in the site plan and subdivision review of any use in the Rural Hamlet District:
(1)
Parking in the front yard of a lot located in a Rural Hamlet District is prohibited. Parking of all commercial uses in the hamlet shall be to the side or rear.
(2)
In order to be consistent with the scale of buildings in traditional and new hamlets, no single building shall have a building footprint exceeding 3,500 square feet.
(3)
The establishment of a mixed-use, multifamily dwelling may be permitted as a specially permitted use in the hamlet.
(4)
New buildings in the Rural Hamlet District should be located as close to the front setback line as possible and in line with existing buildings to maintain the integrity of the existing building setback line of the street.
(5)
Where practicable, existing tree rows and hedgerows, stonewalls, and similar features should be retained in the development of any new use or the expansion of any existing use.
(6)
Additions to existing buildings should use materials and details complementary with those incorporated in the parent structure.
(7)
New buildings should be designed in a manner consistent with the general architectural features of the hamlet in terms of form, materials, and fenestration and roof shape. In general, structures constructed for commercial uses shall be residential in appearance.
(8)
The construction of any blank, windowless facade facing a corridor that provides frontage for the lot on which the building is located shall be avoided.
(9)
Major modifications to the existing landscape, such as extensive grading, clear-cutting of trees, or other similar activities, should be avoided to the extent possible.
(10)
Flashing or intrinsically bright sources of illumination are prohibited.
(11)
All other parking, lighting, and landscaping requirements for commercial buildings under this chapter shall be applied in this district.
(12)
Trademarked architectural styles that identify a specific company by building features are prohibited.
(13)
Sections 115-17D(9), (10) and (11), related to the Residential Core District above, apply to hamlet areas as well.
(14)
A vegetative buffer for nonresidential uses shall be in accordance with § 115-42.
(15)
Architectural elevations must be submitted for any proposed structure in either the C1 or RH Zone in order to ensure compatibility with the surrounding neighborhood structures and to maintain the aesthetic quality of the Town.
§ 115-19 Commercial Retail District - C1.
The following shall apply in the C1 Commercial Retail District:
A.
Minimum lot area, yard, setback and height requirements: see Schedule of Yard, Area and Bulk Requirements, Appendixes 3A and 3B.[1]
[1]
Editor's Note: Appendixes 3A and 3B are included at the end of this chapter.
B.
Principal uses: see Schedule of Uses, Appendix 4.[2]
[2]
Editor's Note: Appendix 4 is included at the end of this chapter.
C.
Accessory uses.
(1)
Location. An accessory building or structure shall not be located in a front yard.
(2)
Height. An accessory building or structure shall not exceed 18 feet in height.
D.
Specific regulations for the district.
(1)
Existing nonconforming businesses not located within the commercial zone will be allowed to operate without undue restrictions. However, the commercial zoning restrictions in the commercial zones will be applied to any approved changes to or growth of existing businesses.
(2)
Permit and hearing required; exceptions. All uses proposed for a Commercial Retail District (C1), except for single- and two-family residences, are subject to site plan review procedures (Article VII, § 115-75) and Planning Board authorization for a special use permit. Such special uses are also subject to the public hearing process required by Article VII, § 115-76.
(3)
Commercial uses permitted: all other uses permitted as in Appendix 4.[3]
[3]
Editor's Note: Appendix 4 is included at the end of this chapter.
E.
Design guidelines. In addition to the design guidelines established in § 115-75 (regarding site plan review), the following guidelines shall be considered by the Planning Board in the site plan and subdivision review of any use in the Commercial Retail District:
(1)
Parking in the front yard of a lot located in a C1 District is prohibited. Off-street parking shall be located at the side or rear of buildings. See also § 115-40 for parking standards.
(2)
In order to be consistent with the scale of buildings in traditional and new hamlets, no single building shall have a building footprint exceeding 5,000 square feet. For buildings having a facade larger than 80 feet, the building must be articulated to appear as multiple buildings.
(3)
The establishment of mixed-use, multifamily dwellings is allowed by a special use permit in the C1 District.
(4)
New buildings in the C1 District should be located as close to the front setback line as possible and in line with existing buildings to maintain the integrity of the existing building setback line of the street.
(5)
The development of public parks, commons, or small pedestrian plazas with amenities such as benches and landscaping should be encouraged.
(6)
Where practicable, existing tree rows and hedgerows, stonewalls, and similar features should be retained in the development of any new use or the expansion of any existing use.
(7)
Additions to existing buildings should use materials and details complementary with those incorporated in the parent structure.
(8)
Where practicable, new buildings should be designed in a manner consistent with the general architectural features of the traditional and rural nature of Galway in terms of form, materials, and fenestration and roof shape.
(9)
The construction of any blank, windowless facade facing a corridor that provides frontage for the lot on which the building is located shall be avoided.
(10)
New buildings shall have a peaked roof shape. Dead-flat roofs are generally inconsistent with the traditional character of the Town and should be avoided, except where facade variations and other architectural features can disguise the flatness of the roof.
(11)
Major modifications to the existing landscape, such as extensive grading, clear-cutting of trees, or other similar activities, should be avoided to the extent possible.
(12)
All new streets shall be designed to permit the installation of electric, water, sewer, and gas utilities underground, either initially or at the time major improvements or upgrades are made to the street or the particular service.
(13)
The primary entrances to any building should be oriented to the lot frontage. Secondary entrances should be oriented to parking, plazas or parks. Access to main roads shall be limited to two.
(14)
Where practicable, service alleys for deliveries and utility access should be established along rear property lines.
(15)
Drive-through facilities (if necessary) shall be located at the side or rear of buildings, out of view from public streets. Landscaping should be used to further reduce the visibility of drive-through facilities. Pedestrian safety and internal vehicular circulation must be considered in the design of any drive-through facilities.
(16)
Cross-easements shall be used to provide shared access to parking whenever possible.
(17)
All site lighting must be designed in consideration of the following:
(a)
The light source (i.e., bulb) should not be visible from any angle.
(b)
All fixtures should be fully shielded to prevent glare to adjacent streets, properties and the sky.
(c)
No lights will produce glare so as to cause illumination beyond the boundaries of the property on which they are located.
(d)
No lighting fixture shall exceed 18 feet in height.
(18)
Flashing or intrinsically bright sources of illumination are prohibited.
(19)
Trademarked architecture that identifies a specific company by building design features is prohibited.
(20)
Architectural elevations must be submitted for any proposed structure in either the C1 or RH Zone in order to ensure compatibility with the surrounding neighborhood structures and to maintain the aesthetic quality of the Town.
F.
To minimize potential conflict between residences and future businesses, residences will be required to undergo site plan review to ensure adequate screening and buffering.
§ 115-20 Lake District - L.
The following shall apply to the L Lake District:
A.
Boundaries. All property, public and private, bordering on the shoreline of Galway Lake and contiguous thereto, as follows, is included in the Lake District: starting at the intersection of Ridge Road and Crooked Street, proceed south on Crooked Street to the Kayaderosseras Allotment line between Allotments XVI and XIV. Thence easterly along the Allotment line to property listed on tax sheet 198.06. Thence following the southerly line of tax sheet 198.06 easterly and southerly, including property on the tax sheets 198.10 and 198.11. Including tax parcel 198-1-1923 proceed along its southerly and easterly lines to tax parcel 198-1-68. Including tax parcel 198-1-1968 proceed along its southerly, easterly and northerly boundaries to property on tax sheet 198.11. Thence northerly along the east lines of tax sheets 198.11 and 198.07 to the northeast corner of Ruback's Grove, projecting the line northerly through tax parcel 185-3-4 to a point of intersection with the south line of tax parcel 185-3-1965. Thence along the southerly boundary of tax parcels 185-3-(65, 8, 9, 34, 20 and 21) to Lake Road. Following Lake Road north to the sharp bend and west to tax parcel 185-15-1952. Thence north along the east line of lot 185-15-1952 to its northeast corner. Thence westerly along the back line of properties fronting Lake Road to the property shown on tax sheet 185.15. Thence westerly and northerly, including all property on tax sheets 185.15 and 185.14 and property on tax sheet 185.10 lying south of Hermance Road to Hermance Road. Thence westerly on Hermance Road to Ridge Road and westerly on Ridge Road to the point of beginning.
B.
Minimum lot area, yard, setback and height requirements: see Schedule of Yard, Area and Bulk Requirements, Appendixes 3A and 3B.[1]
[1]
Editor's Note: Appendixes 3A and 3B are included at the end of this chapter.
C.
Principal uses: see Schedule of Uses, Appendix 4.[2]
[2]
Editor's Note: Appendix 4 is included at the end of this chapter.
D.
Accessory uses.
(1)
Height. An accessory structure shall not exceed 18 feet in height and 150 square feet in area.
E.
Specific regulations for the district.
(1)
All new buildings, as well as improvements, modifications or alterations to existing buildings, will conform to the New York State Uniform Fire Prevention and Building Code and the provisions of Article IV of this chapter. The term "accessory building," as defined in Article II hereof, is further limited within the Lake District to a supplemental building of no more than 150 square feet, the use of which is incidental to that of the principal building and located on the same lot.
(2)
There shall not be more than one such structure per lot, excluding garages.
(3)
Buildings located within the Lake District are limited to two levels and will not exceed 28 feet in height, measured from mean elevation.
(4)
See Schedule of Uses.[3]
[3]
Editor's Note: The Schedule of Uses, Appendix 4, is included at the end of this chapter.
(5)
On-site wastewater treatment systems (OWTS).
(a)
All new or replacement on-site wastewater treatment systems (OWTS) require a work permit and must be designed and certified by a licensed professional engineer to meet standards established by the State Departments of Health and Environmental Conservation. This requirement also extends to OWTS that are being modified, if the modification includes a new subsurface treatment system; moving the drain field or extending the drain field to a location not previously approved. In addition, a licensed professional engineer must oversee the installation of all replacement, modified or alternative OWTS.
(b)
All OWTS must be inspected by a licensed professional engineer when the property on which the OWTS resides is sold; the dwelling is replaced or being converted from a seasonal to a year-round residence; there are indications that the OWTS has failed and poses a potential threat to the health, safety or general welfare of Galway Lake property owners; there are modifications to the supported dwelling, such as adding bedrooms, that could increase the demand on the OWTS; the dwelling floor space is increased by at least 30%; or the OWTS is being modified (unless the modification is limited to the replacement of "like" components). The engineer will submit a written report of inspection findings to the Code Enforcement Officer within 30 days of the inspection. The report will address whether the OWTS complies with applicable state and local design standards; if the OWTS and its components are presently in satisfactory condition and functioning properly; and, where applicable, if the OWTS can properly treat the proposed increase in wastewater generation.
(c)
All OWTS which are not in compliance with applicable state and local codes and/or found to constitute a danger to the health, safety or general welfare of property owners or Galway Lake must be upgraded to comply with applicable state standards or the use thereof will be terminated. A licensed professional engineer is required to design and oversee the installation of all replacement or modified systems. Evidence of noxious effluents entering the lake by direct channel or through water drainage systems shall be cause for immediate injunctive action against the casual source by the Code Enforcement Officer.
(d)
When the size constraints of the lot, proximity to the lake or soil characteristics preclude OWTS compliance, an alternative OWTS (i.e., holding tanks) may be used, provided that the alternative OWTS is designed and certified by a licensed professional engineer. The engineer certification must stipulate that the alternative system will not adversely impact the health, safety or general welfare of property owners or the lake. Dwellings using this option cannot be increased in size or occupancy capacity in the future.
(6)
In conformance with the standards established by the State Departments of Health and Environmental Conservation, the use of holding tanks shall not be permitted for new home construction except where the occupancy of a home is permitted while the OWTS is under construction. Also, holding tanks may be used at existing homes where an OWTS is under repair or modification. Tank size shall be based upon five days' design flow or 1,000 gallons, whichever is greater, and meet the same construction as a septic tank, except that the holding tank shall not have an outlet. Holding tanks are not acceptable for long-term use on year-round residences.
§ 115-21 Natural Resource Protection Overlay - NRPO.
The following shall apply to the NRPO Natural Resource Protection Overlay District:
A.
Use of clustered or conservation subdivisions.
(1)
The Planning Board is authorized to allow or require adherence to the regulations of this section for all subdivision applications over 10 acres and over three lots in residential zoning districts where, in the opinion of the Planning Board during SEQRA review, the purposes of this chapter cannot be met under conventional subdivision methods. The Planning Board is authorized to offer an incentive density bonus for this purpose.
(2)
The use of a clustered or conservation subdivision plan may be required when the parcel contains, in whole or in part, one or more of the following:
(a)
State and/or federal freshwater wetlands occupying 25% or more of the site.
(b)
Slopes of greater than 20% occupying 25% or more of the site.
(c)
The site contains a floodplain or flood hazard area as mapped by the Federal Emergency Management Agency's Flood Insurance Maps.
(d)
The site contains a Critical Environmental Area designated as per SEQRA.
(e)
The site contains an identified scenic view or scenic vistas.
B.
Layout standards. In addition to any standards that may be required for a clustered or conservation subdivision, there shall also be:
(1)
A one-hundred-foot buffer established from all nonprotected streams to keep development away from stream banks.
(2)
No disturbance or development on slopes greater than 20%.
(3)
A one-hundred-foot buffer established around all New York State and federal wetlands.
(4)
Screening of all development on ridgelines as follows:
(a)
All structures shall be sited away from ridgetops and ridgelines. Whenever possible, structures shall be sited at lower elevations.
(b)
Structures shall blend in with natural surroundings.
(c)
Exterior lighting shall be controlled in height and intensity, and screening or shielding of luminaries may be required by the Planning Board.
(d)
The Planning Board may require the applicant to preserve existing vegetation or provide new plantings of native vegetation to screen structures. Existing vegetation shall be preserved to the maximum extent possible.
(5)
An impervious lot coverage of less than 20%.
(6)
Permanently preserved open space equal to 50% of the parcel when a clustered or conservation subdivision is required (see § 115-24).
C.
The Planning Board is authorized to identify and establish a building envelope on any approved plat in a subdivision to ensure that all development is moved away from the above identified natural resource.
D.
Density calculation. The number of allowable residential units shall be determined by subtracting all lands within the parcel containing NYSDEC and Federal US Army Corps of Engineers regulated wetlands (exclusive of buffer), lands within any designated one-hundred-year floodplain area, and steep slope areas of greater than 20%.
E.
All buildable lots shall be placed outside of the critical environmental areas, including wetlands, floodplains, and steep slopes greater than 20%.
§ 115-22 Agricultural Overlay - AO.
The following shall apply in the AO Agricultural Overlay District:
A.
The Town of Galway supports the use of land for agricultural purposes, and through the Town Comprehensive Plan and this chapter has attempted to provide, to the fullest extent allowed by law, for the protection of agricultural uses and lands suitable for agricultural production. The Town supports the continued operation of active farm operations and authorizes the Planning Board to approve nonagricultural land development subject to such conditions as may be required to assure the long-term viability of active farm operations and agricultural activities by limiting the potential for conflict between established farms and agricultural uses and newly established nonagricultural land uses. The Town supports sound agricultural practices necessary for the on-farm production, preparation and marketing of agricultural commodities and supports the farm protection policies set forth in § 308 of the Agriculture and Markets Law.[1]
[1]
Editor's Note: See also Ch. 44, Farming, Art. I, Right to Farm.
B.
Buffering of existing farms from new uses. New residential development located adjacent to existing farmlands or active farm structures, including, but not limited to, barns and silos, shall provide for its own buffer and/or landscaping for screening when necessary. The width of the buffer shall be determined based on topography and proposed site layout but shall not be less than 50 feet.
C.
Density. The density of residential uses shall be calculated as per Appendixes 3A and 3B.[2]
[2]
Editor's Note Appendixes 3A and 3B are included at the end of this chapter.
D.
All subdivisions within the AO District shall be platted to preserve the maximum amount of prime and statewide important farmland soils for continued agricultural use. During subdivision review and insofar as practicable, building envelopes shall be identified and located in a manner to protect the maximum amount of prime and statewide important farmland soils as follows:
(1)
On the least fertile soils for agricultural uses and in a manner which permits access to active agricultural land.
(2)
Within any woodland contained within the parcel, or along the far edges of open fields adjacent to any woodland, to reduce impact on agricultural operations and to enable new construction to be visually absorbed by natural landscape features.
(3)
In locations least likely to block or interrupt scenic vistas as seen from public roadways.
E.
All major subdivisions shall be required to utilize either a clustered or conservation subdivision design where structures are placed on buildable lots located to preserve at least 50% of the parcel as preserved open space for agriculture. The protected farmland so designated shall be depicted on the subdivision plat and labeled so that it indicates that such land may not be further subdivided and is reserved for agricultural purposes.
F.
All subdivisions within the AO District shall be eligible for an incentive density bonus when lands containing prime or statewide important farmlands and active agricultural uses are permanently preserved for agriculture as per § 115-23. In authorizing the incentive density bonus, the Planning Board shall ensure that the benefit to the Town is permanent, and may require such easements, surety or other performance guarantees that the Board, in its sole discretion, deems necessary. Before authorizing an incentive adjustment, the Planning Board shall make a determination, in writing, that the additional unit density would not have a significant adverse environmental impact.