River Hamlet Districts (Pond Eddy and Handsome Eddy) (RHD). One purpose of this district is to complement the River Overlay District by centralizing river-related commercial activity.

Black Forest District (BFD). One purpose of this district is to accommodate and augment the community's established regulations and deed restrictions. Nothing herein shall in any way be construed to impose any additional obligation on the Town to enforce the provisions of the community's established regulations and deed restrictions. To the extent that any purported proscribed conduct is alleged to be a distinct violation of this chapter, however, the Town may enforce the provisions of this chapter according to Article VII of this chapter, infra.

Hillside District (HD). One purpose of this district is to provide an area in Town for generally low-density residential development and complementary uses, while preserving open space and community character.

Mongaup River Valley District (MRV). One purpose of this district is to maintain the pristine quality of this area.

Mohican Lake District (MLD). One purpose of this district is to accommodate the existing dense settlement while allowing compatible growth.

Rural Residential District (RR). One purpose of this district is to protect the rural character of the less densely developed areas of the Town.

Glen Spey District (GS). One purpose of this district is to support a town center feel.

Floodplain Overlay. One purpose of this overlay district is to reduce the potential for flooding and associated flood damage.

Historic Overlay. One purpose of this overlay district is to preserve the historic buildings and qualities of this area.

Mohican Lake Access Overlay. One purpose of this overlay district is to provide an area of shoreline that allows a high density of lake access points.

Riparian Overlay. One purpose of this overlay district is to protect the Town's water supplies and reduce the potential for flooding and erosion.

River Overlay (Delaware River). One purpose of this overlay district is to enhance the scenic and recreational features of the Delaware River, to protect the Delaware River corridor, and to augment the Upper Delaware River Management Plan.

Generally. The district boundary lines, unless shown otherwise, are intended generally to follow street center lines, railroad right-of-way boundary lines or their center lines, other similar right-of-way lines, or lot lines or boundaries of subdivisions, or Town boundary lines. If the district boundary line does not follow such a line, but is shown parallel to such a line on the Zoning Map, the distance between the parallel lines shall be as dimensioned on the Zoning Map. Such dimensions shall be construed to read from the center line of all rights-of-way rather than from their outside edges. Where district boundaries are indicated as approximately following lot lines, such lot lines as they existed at the time of enactment or amendment of this chapter shall be construed to be said boundaries. Where the boundary of a district is indicated as following shorelines of ponds and lakes, said boundary line shall be construed to follow such shorelines and, in the event of change in the shoreline, shall be construed as moving with the actual shoreline. Where the boundary of a district is indicated as following a stream or other watercourse, said boundary line shall be construed to follow the center line of such stream or watercourse and, in the event of change in the same, shall be construed as moving with the actual stream or other watercourse.

Scaling. When the location of a district boundary line cannot be otherwise determined, the determination thereof shall be made by scaling the distance on the Zoning Map from a line of known location to such district boundary line.

Interpretation by Board of Appeals. In the case of uncertainty as to the true location of a district boundary line in a particular instance, an appeal may be taken to the Board of Appeals, as provided in this chapter.

Division of lot. When a zoning district boundary line divides a lot in single ownership at the effective date of the chapter or any subsequent amendment, the Planning Board shall have the authority, upon proper application therefor, to grant a special use permit to authorize a use of land, buildings and other structures permitted in one district to be extended into the other district, where such use would otherwise not be permitted, for a distance of not more than 50 feet, in accordance with the provisions of § 250-69. This Subsection D(4) does not apply to overlay districts.

Trees and other vegetation perform numerous important and essential functions, including, but not limited to:

They are also a desirable aesthetic feature and key factors in the Town's rural character. Accordingly, to promote desirable growth and prevent undue clearing of vegetation, the Use Table sets forth a maximum percentage of a lot that may be cleared of existing trees and vegetation. This maximum was designed to allow for a clearing size that will reasonably accommodate development needs (including construction staging) and associated water and sewerage concerns.

Agriculture uses such as pasture or grazing, but only so long as they do not involve development of a special flood hazard area. Agricultural uses are permitted without site plan review.

Private and public recreational uses such as swimming areas, open space, wildlife or natural preserves, hunting and fishing areas, and hiking and horseback trails, but only so long as they do not involve development of a special flood hazard area.

Normal ground maintenance, including mowing, trimming of vegetation, repair of decorative landscaping, planting of native species, repair of existing walkways, walls, driveways; operation of existing stormwater management facilities. Provided that such activities do not require structures, grading, fill, draining or dredging, the activities specified in this subsection do not require site plan review.

Critical facilities; and

Activities that are hazardous to public health or water quality. Without limiting the generality of the foregoing, no new septic tank, leach field, or other sanitary sewage facility shall be located within the Floodplain Overlay District, but replacement of existing such facilities shall not be prohibited.

No uses may diminish or constrict the capacity of the channel or floodway of any watercourse or any tributary to the main stream or any other watercourse, drainage ditch or any other facility or system to discharge the waters from the base flood.

All new development of a special flood hazard area must set aside floodplain areas as open space or drainage easements, all new lots must be located on natural high ground, and conservation subdivisions must locate development on flood-free sites.

All new development of a special flood hazard area must include in the design of their stormwater management facilities appropriate BMPs that will improve the quality of surface water. These provisions must be permanently incorporated into the development's facilities.

All improvements, modifications, additions and reconstruction projects to an existing building will be evaluated cumulatively over a period of at least five years. Once the total cost of all the projects reaches 50% of the building's value, the project is considered a substantial improvement, and the building is treated as a new building and the entire building must be elevated. All additions to buildings (regardless of size) must be elevated above the base flood elevation.

Fill is prohibited in the floodplain (not just in the floodway) unless compensatory storage is provided on site.

New buildings in a special flood hazard area must be constructed on properly designed and compacted fill that extends beyond the building walls before dropping below the base flood elevation and has appropriate protection from erosion and scour.

Building enclosures, including breakaway walls, are prohibited below the base flood elevation.

In addition to the one parking space, the lots may have:

No other uses are permitted.

The following architectural standards are to ensure the exterior of new construction and additions to existing buildings are well designed, detailed and crafted to embody high standards of architectural design. Building design in the Historic Overlay District shall maintain historic building lines, shapes and angles and use materials in keeping with historic looks.

That portion of a building, as to facade, roof, windows, doors, chimneys, etc., shall be designed and constructed so as to complement the main architectural style of the structure and/or other nearby buildings within the Historic Overlay District. Examples of the main styles of architecture within the Historic Overlay District are as follows:

Materials appropriate to the Historic Overlay District are required, specifically: (i) building facades must be made of wooden clapboard, natural stone, Hardiplank or cedar shakes; (ii) the roof must be made of cedar shake, slate or architectural asphalt shingles. The Planning Board may approve other materials; however, the following materials are prohibited for the facade: cultured stone, vinyl siding, T-111 siding, aluminum siding, and log-style siding. Accent materials shall be used for cornices, sills, bases, lintels, banding and decorative accent trims. Accent materials shall consist of materials that meet or exceed the quality of the primary exterior materials and shall be consistent with the building design.

Maintain the high water quality found in the Upper Delaware River;

Provide for the protection of the health, safety and welfare of residents and visitors;

Provide for the protection and preservation of natural resources; and

Provide for recreational and other public uses while protecting the Upper Delaware River as a natural resource.

Visibility of structures. All structures shall be sited to avoid occupying or obstructing public views of land within the overlay district. Public views shall be considered to be from the waters of the Delaware River and from the right-of-way of the Upper Delaware Scenic Byway (State Route 97). These areas are frequented by the public and are associated with the natural beauty of the area. Visibility shall be measured using a condition of no leaves on trees.

Building sites. Building sites shall be clearly noted on any plat or plan. All structures shall be sited away from ridge tops and ridgelines (see ridgelines below).

Structure design. Structures shall blend in with natural surroundings through preferred use of stone or natural wood siding and use of roofing materials with earthtone colors.

Lighting. Exterior lighting shall be controlled in both height and intensity. Under no circumstances shall the light level at any lot line exceed 0.2 footcandles, measured at ground level. Screening or shielding of luminaries may be required.

Structure screening. As a condition of approval, an applicant may be required to preserve existing vegetation or provide new plantings of native vegetation to screen structures.

Underground utilities. All electric, telephone, television and other communication lines, both main and service connections, servicing new development shall be provided by underground wiring within easements of dedicated public rights-of-way, installed in accordance with the prevailing standards and practices of the utility or other companies providing such services.

Steep slopes. Construction must be limited to those areas with less than fifteen-percent slope. Disturbance of slopes in excess of 15% is limited to access as determined necessary by the Planning Board.

Natural cover. Except in the River Hamlet Districts, impervious surfaces are limited to no more than 10%. Clearing of vegetation for building purposes shall be limited to 20% of the lot area, with a reduction to 10% for slopes over 15% in grade.

River bank. Construction within 100 feet of the average high-water mark of the Delaware River is prohibited, with the exception of small decks, gazebos or picnic areas not to exceed 200 square feet, and which require a special use permit, and recreational facilities, which also require a special use permit.

Required minimum frontage. No lot shall be created with less than 300 feet of frontage along the Delaware River.

Plant cover. Plant cover shall be maintained to help prevent erosion. Exceptions will be made for control of Japanese knotweed or other listed invasive species or removal of dead or diseased specimens. When removing vegetation for those purposes, vegetation can only be removed through the use of handheld devices (i.e., chainsaws, pole pruners, hedge trimmers, weed eaters, etc.). Bulk application of chemical herbicides is prohibited. The removal of vegetation shall be conducted in such a manner as to preserve ground cover (through a vegetated cover or through the use of a substrate that will prevent sediment runoff from the site). Removal of healthy tree specimens greater than three inches in diameter at breast height is prohibited except when installing an approved accessory use or recreational facility.

Replanting. Any land disturbance percentage in amounts that exceed those specified in this article shall be replanted according to the requirements of this Subsection C(12). All planted species shall be on a ten-foot-by-ten-foot spacing. A mix of one overstory and one understory species from the list of native plants, appropriate for site elevation and aspect, shall be planted on each 100 square feet. Trees shall be three feet to four feet in height, with a minimum stem diameter at the ground of one inch. The root ball shall be 14 inches and 18 inches. All overstory and understory plants shall be limed, and slow-release fertilizer stakes shall be inserted around each plant. All plants shall be mulched with organic mulch to control weeds. Mulch shall extend two feet around each plant.

Ridgelines. Construction is prohibited within 100 feet of the ridgeline.

Recreational and public uses. Recreational facilities shall be developed, operated and maintained in such a way as to limit adverse impacts on adjacent landowners and the surrounding environment. All proposed recreational facilities shall have good site planning. Good site planning can minimize any adverse effects of development and provide a more enjoyable recreational experience.

Site disturbance. Site disturbance during construction shall be limited. Trees and shrubs shall be retained to keep the facility hidden from view. River bank access shall be controlled to limit erosion. Road access must be adequate and safe. The proposed facility also must comply with state health regulations.

Recreation, open space. As a condition of approval, the Town may require up to 50% of any parcel within the overlay district for parkland, recreation and open space purposes, so long as this condition does not reduce the number of units allowable under applicable zoning. Such land shall be dedicated through a conservation easement.

Signs.

Existing structures. In order to help preserve the water quality of these bodies of water, any addition to or enlargement of an existing structure occurring between 50 feet and 75 feet of the shorelines of Swinging Bridge Reservoir, Cliff Lake, Lebanon Lake, Lake Champion, Lake DeVenoge, Sand Pond, Mohican Lake, Lake Metauque, Mohaph Lake, Lochada Lake (also known as Brookwood), Glen Lake, Lake Diana, the Mongaup River, and Rio Dam Reservoir shall require a special use permit.

New structures. No new structure shall be located within 100 feet of Swinging Bridge Reservoir, Cliff Lake, Lebanon Lake, Lake DeVenoge, Sand Pond, Lake Metauque, Mohaph Lake, Lochada Lake, Lake Diana, the Mongaup River, Rio Dam Reservoir; 50 feet of Lake Champion, Mohican Lake, and Glen Lake, or any water body, watercourse, or wetland; or 50 feet of a floodplain boundary line, with the exception of docks and floats, which in addition to meeting the requirements of Subsection C shall also comply with erosion and sedimentation remediation measures as approved by the Planning Board and the New York State Department of Environmental Conservation.

New construction related to hydroelectric projects and within the licensed boundaries of hydroelectric projects that are subject to the authority of the Federal Energy Regulatory Commission pursuant to Part 1 of the Federal Power Act is exempt from the requirements of this § 250-17.

Only one dock and one float are permitted per shoreline property.

No dock or float may be attached to a dock.

Docks and floats shall be only for the private, noncommercial use of the residents of such shoreline property.

Docks and floats must be removable, but not necessarily actually removed, on a seasonal basis.

Docks and floats must have no permanent contact with the submerged land and require no excavation of the submerged land.

There shall be free movement of water underneath such dock or float.

The dock shall be no more than eight feet in width at its juncture with the shoreline. This eight-foot maximum width must not be exceeded for a length of at least five feet from the shoreline.

The dock must be aligned to be perpendicular to the shore for at least 10 feet from the shoreline.

Docks may not exceed a total maximum size of 360 square feet of total surface area. Floats may be no larger than 10 feet by 10 feet.

Docks may not extend more than 25 feet from the shoreline. Floats may not extend more than 150 feet from the shoreline.[2]

The dock shall be fastened to the shoreline in a manner to minimize any disturbance to the existing shoreline. There shall be minimal regrading, recontouring, or similar modification of the existing shoreline and surrounding land.

If stairs are proposed to access the dock, the stairs shall be no more than five feet in width and shall be elevated directly above the land in a manner that does not require regrading, recontouring, or similar modification of the existing shoreline and surrounding land. Masonry, stone stairs, and any other construction methods that require cutting into the shoreline and surrounding land are not allowed. Stair design shall minimize footings and maximize permeability.

The height above the water of docks and floats shall be minimized. Docks and floats may not include appurtenances such as roofs, raised platforms, raised decks, etc. Removable fabric canopies or umbrellas and removable water slides are allowed.

Docks shall be subject to the side yard requirements, but not the front yard requirements, of this chapter. In addition, no dock may be placed any closer than 25 feet from the lines formed by extending the side lot lines into the lake. The Planning Board may issue a special use permit for a dock to be placed closer than 25 feet to the lines of extension if it finds that the applicant cannot reasonably meet the twenty-five-foot setback because of the size or shape of the lot, location of physical obstructions such as rock, or the location of sensitive natural resources at the shoreline or within the lake.

For safety purposes, the street number, using numerals at least three inches high, shall be affixed to the end of the dock and float so as to be visible from the lake.

Existing nonconforming structures that extend beyond the shoreline and are used as docks or could be used as docks — including concrete piers, overhanging boathouse decks whose upper surfaces are within three feet of the water's surface and are accessible from the lake, and similar structures — shall be considered docks for the purposes of this chapter, and any part of such structures which extends beyond the shoreline shall be included in any surface area calculations required under this Subsection C.

The existing nonconforming structures described in this § 250-17 may be enlarged if:

Existing nonconforming concrete piers that extend beyond the shoreline may be resurfaced with wood or masonry if:

Demonstration plan method. The number of cluster lots permitted shall be the same as the total number of lots permitted in a conventional subdivision of the same parcel. In order to determine the number of lots permitted for a conservation subdivision, an applicant shall submit a subdivision plan for the parcel as if it were to be developed in accord with all the standards and requirements in this chapter and Chapter 213, Subdivision of Land, regulations for a conventional subdivision. The level of detail required for the plan shall be determined by the Planning Board based on site conditions and the nature of the proposed project. Any lot that, due to slope, wetlands or other limitation, does not contain a suitable area for erecting a dwelling and associated improvements using normal development and building practices will not be considered an allowable lot and will not be included in the density calculation. The determination about whether a lot is allowable or not will be made by the Planning Board.[1]

Calculation method. The total number of dwelling units permitted shall be determined after deducting:

Crossing zoning district boundaries. In cases where the proposed development falls within two or more zoning districts with differing density requirements, the density calculation may be derived by adding the lots allowed on each portion of the project area that falls in each district as determined in accordance with the above methods.

The following criteria shall be used to provide an applicant and the Planning Board with guidelines and standards for creating and reviewing a conservation subdivision:

A density bonus of up to 20% may be granted at the discretion of the Planning Board during the sketch plan phase, based upon the degree to which the applicant incorporates these criteria into its development plan.

Characteristics. Open space requirements for a conservation subdivision project are as follows:

Permanent protection. Prior to final Planning Board approval, all areas of a conservation subdivision that are designated as open space must be protected from development by a permanent conservation easement. The conservation easement shall restrict development of the open space land and allow use only for recreation, protection of natural resources, or similar conservation purposes and shall prohibit residential, industrial or commercial use of the open space. The conservation easement shall be granted to a private conservation organization acceptable to the Town and that is a bona fide conservation organization as defined in Article 49 of the New York State Environmental Conservation Law or to a governmental body acceptable to the Planning Board.

Notations on plat or site plan. Preserved open space land shall be clearly delineated and labeled on the final subdivision plat and/or site plan as to its use, ownership, management, method of preservation and the rights, if any, of the owners of other lots in the subdivision to such land. The plat or site plan shall clearly show that the open space land is permanently preserved for open space purposes and shall contain a notation indicating the deed reference of any conservation easement or deed restrictions required to be filed to implement such restrictions.

Ownership of the open space land. The fee ownership of the open space (the ownership of the land subject to the conservation easement), as well as identification of user groups and those responsible for any maintenance must be determined before final Planning Board approval. Open space land may be owned by a homeowners' association (HOA), transferred to a nonprofit organization acceptable to the Planning Board, or held in such other form of ownership as the Planning Board finds adequate to properly manage the open space land and to protect its conservation value. If the land is to be owned by a HOA, the HOA must also be established prior to approval of the final subdivision plat and must comply with all applicable provisions of state law. In such case, membership in the HOA must be mandatory for each lot owner, who must be required by recorded covenants and restrictions to pay fees to the HOA for taxes, insurance and maintenance of common open space, private roads and other common facilities. The HOA must be responsible for liability insurance, property taxes, and the maintenance of recreational and other facilities and private roads. The property owners must be required to pay their pro rata share of these costs, and the assessment levied by the HOA must be able to become a lien on the homeowner's property. The HOA must have the ability to adjust assessments to meet changing needs for the operation and maintenance of the open space and any improvements. The Town Attorney must find that the HOA documents satisfy these conditions and such other conditions as the Planning Board determines are necessary in order to provide for maintenance of the open space land.

Maintenance. Standards for maintenance of the open space shall be established prior to final subdivision plat approval. Such standards shall be enforceable by the Town against the owner of the open space land to ensure that the open space land is not used for storage or dumping of refuse, junk or other offensive or hazardous materials.