Mamakating Town City Zoning Code
ARTICLE III
Supplementary Bulk Regulations
§ 199-8.3 Residential density based on utilities.
A.
Purpose. The Town of Mamakating finds that:
(1)
Sewage collection systems, sewage treatment plants and central water systems constructed or funded by private developers tend to utilize the least-expensive equipment and processes with prioritization to construction cost over end-user cost and longevity;
(2)
Most sewage collection systems and treatment plants and central water systems have limited operational lifespans with significant end-of-life costs;
(3)
DEC is continuously refining permit standards, making older infrastructure obsolete;
(4)
The ability for small enclaves of residences to afford ongoing maintenance, compliance and end-of-life replacement/rehabilitation is extremely limited, often causing municipalities to eventually take over such private systems;
(5)
The receiving waters of the Basha Kill and Wallkill River support a complex ecosystem of wetland and upland habitat;
(6)
Small private package plants are rarely designed to meet the DEC's highest standards for tertiary treatment and have the potential to impact these ecosystems to a greater extent than lower-density development with subsurface disposal systems or larger municipal plants with tertiary treatment;
(7)
Only a municipally owned plant subject to the acceptance by the Town of Mamakating can guarantee the ongoing effectiveness and cost-feasibility of central sewer and water systems, thereby safeguarding the health, safety and general welfare of the Town's natural resources, Town residents and downstream neighbors.
B.
Throughout this chapter, the permissible density of year-round occupancy residential uses as established by minimum lot size or number of permissible units per acre for a given residential use varies based on the provision of central water and sewer service. It is acknowledged that such year-round residences depend on the availability of such services, and there is little recourse for the Town to require residents to relocate or vacate individual residences in the event that such central utilities cease to operate adequately, nor is there a mechanism by which the Town may effectively require a utility system owned by other entities to be repaired to adequate operational status in a timely manner to prevent harm to the Town's residents and natural resources.
C.
In any zoning district where a higher density is permitted if a central water system or sewer system is provided, such system must be a Town-endorsed sewer system or water system. The foregoing requirement shall supersede any conflicting or inconsistent provision in the Town Code.
D.
Other central water and sewer utilities, whether privately owned or publicly owned but not endorsed by the Town of Mamakating, may be used to provide service to residences so long as they meet all applicable state, county and Town standards. However, the permitted density for year-round-occupancy residences shall not be greater than that which would be permitted by the provision of individual well and subsurface waste disposal systems.
§ 199-9 Lot regulations.
A.
Lot frontage. The minimum lot frontage of any lot shall be measured along the street line as required for the district in which it is located. The minimum lot frontage shall be 50 feet on a Town road, 75 feet on a county road, and 100 feet on a state road. For lots fronting on culs-de-sac or on a street with a radius of curvature at the center line of 100 feet or less, or in other appropriate circumstances, the lot frontage may be reduced by the Planning Board at the time of subdivision plat or site plan approval to no less than 1/2 of the required lot width; provided, however, that it shall not be less than the requirements for Town, county and state roads provided above. No portion of the lot width shall be less than the approved lot frontage. Any driveway access to a lot shall be provided from the front lot line.
B.
Corner lots. At all street intersections, no obstruction to vision (other than an existing building, post, column or tree) exceeding 30 inches in height above the established grade of the street at the property line which is a hazard to vehicular movement shall be erected or maintained on any lot within the triangle formed by the street lot lines of such lot and a line drawn between points along such street lot lines 30 feet distant from their points of intersection (see attached sketch).[1]
[1]
Editor's Note: Sketch A is included as an attachment to this chapter.
C.
Required area or space cannot be reduced. The area or dimension of any lot, yard, parking area or other space shall not be reduced to less than the minimum required by this chapter; and if already less than the minimum required by this chapter, said area or dimension may be continued and shall not be further reduced.
D.
Minimum lot size for all uses. Where unusual subsoil or geological conditions are found to exist at a particular location, the Planning Board may require lots proposed to be developed with individual wells and septic system and to provide larger lot sizes and widths than the specified minimum lot sizes and widths. In such cases, the Planning Board may require that the minimum lot area and lot width otherwise required be increased to the extent necessary to allow the proposed water and/or sewer facilities to operate effectively in order to protect the public health, safety and welfare. Detailed plans for such facilities shall be prepared by a professional engineer and submitted to the Town Engineer and approved by him before a building permit may be issued or a subdivision or site plan approved. The suitability of the proposed systems shall conform to the standards of the New York State Department of Health.
E.
Through lot requirements. A through lot shall be considered as having two lot frontages, both of which shall be subject to the front yard requirements of this chapter. The location of accessory structures shall conform to the requirements contained in § 199-13.
F.
Minimum lot size requirements for average density (cluster development) in the BR, NR, LN, HC, and VA Districts. These provisions shall apply to residential uses in these districts, which are not served by Town-endorsed central water or sewer systems.
(1)
As part of an average-density subdivision, the minimum lot size in the BR, NR, LN, HC, and VA Districts may be reduced by the Planning Board as follows:
(a)
The Planning Board may permit, subject to acceptable lot and road design, a reduction in the minimum lot area requirement to no less than that required to provide individual water and subsurface waste disposal systems to satisfy the following performance standards, but in no event to less than 40,000 square feet:
[1]
Soil percolation and deep hole tests verify that sufficient and appropriate lands are available for a conventional subsurface sanitary sewage disposal system* designed and constructed to serve a single-family residence and an additional area of not less than 50% of the area of the proposed conventional subsurface sanitary sewage disposal system, which area shall be available and appropriate for the expansion of said system, as shown by said tests, which additional area shall be reserved for the construction of additions to the system. The area proposed for the subsurface sanitary sewage disposal system, including the reserve area, shall not exceed 10% in grade. [*NOTE: "Conventional subsurface sanitary sewage disposal system" shall be defined as in Paragraph 75-A.8 of Appendix 75-A of the New York State Codes, Rules and Regulations (10 NYCRR 75), last revised February 2010, or the most-recent amendment.]
[2]
Both the area for the conventional subsurface sanitary sewage disposal system and the additional reserved area shall be clearly delineated on any plat submitted to and approved by the Planning Board.
(b)
Dwelling restriction. An average-density lot approved by the Planning Board with a reduced minimum lot size pursuant to the provisions of this Subsection F may not be used for any use other than one single-family dwelling and permitted accessory uses.
(c)
Subdivision statement. On all average-density subdivision plats showing lots with a reduced minimum lot size pursuant to the provisions of this Subsection F, the subdivider shall provide on the preliminary subdivision plat and final subdivision plat the following statement: "The minimum lot sizes in this subdivision are in conformance with the minimum lot sizes required in the (applicable zoning district) as approved and modified by the Planning Board, in writing, on (date)."
G.
Landlocked lots.
(1)
Purpose. The purpose of this Subsection G is to provide a means by which owners of property that is landlocked may obtain access to a public street in accordance with § 280-a of the New York State Town Law. This policy shall apply to all areas of the Town of Mamakating. In order for an applicant to obtain a building permit to construct a structure on a landlocked lot, the applicant shall be required to demonstrate that adequate access may be obtained to said lot. Adequate access shall mean that sufficient right-of-way or easement width exists to construct a driveway to allow the ingress and egress of fire trucks, ambulances, police cars and other emergency vehicles.
(2)
Procedures. The procedures for obtaining access shall be as follows:
(a)
Right-of-way determination. The Building Inspector shall forward any request for access to a landlocked property to the Town Board, which shall determine whether a public right-of-way in accordance with design standards for Town roads should be established. The Town Board shall consider the goals and objectives of the Comprehensive Plan and the future land uses of the area in determining whether public access should be provided. The Town Board shall provide a written determination to the Building Inspector. If a public right-of-way is established, the procedures outlined in Subsection G(2)(d) shall be followed. If the Town Board determines that a Town road shall not be established, then the applicant shall proceed to make application to the Building Inspector to establish an easement to gain access to the landlocked lot.
(b)
Submission requirement. Upon application to the Building Inspector, the applicant of a landlocked lot shall provide a copy of a title report and all deeds or agreements identifying the existence of an easement for access to said property. The applicant shall submit a survey illustrating the metes-and-bounds location of the easement. Where an easement exists, the Town Engineer shall establish the appropriate design of the access prior to the Building Inspector issuing a building permit. The design shall include consideration of the appropriate grade, surface, and layout of a driveway to be located in the easement, subject to any requirements for driveways established in this chapter. A building permit may be issued for said property once safe and sufficient access has been demonstrated.
(c)
Unmapped easements. In certain instances, an easement may exist over a parcel of property to provide access to a landlocked lot which may not be mapped. In accordance with § 280-a of the Town Law, a minimum frontage and driveway width of 15 feet shall be sufficient to provide access to a single-family detached or two-family dwelling. The minimum dimensions for adequate access for any other use shall be determined and approved by the Planning Board upon the recommendations of the Town Engineer.
(d)
Public right-of-way. In certain cases, the Town Board may desire to establish a public right-of-way. An owner of a landlocked property may also petition the Town Board for a right-of-way. The procedures for establishing a public right-of-way shall be as follows:
[1]
The Town Board shall appoint the Town Engineer as arbitrator.
[2]
The Town Engineer shall notify all affected landowners of the pending arbitration meeting by certified mail.
[3]
The Town Engineer shall designate, after the arbitration meeting, the placement of the right-of-way. The Town Engineer shall cause to be prepared a survey of the public right-of-way. A legal description of such shall be filed with the County Clerk.
[4]
The Town Engineer, with the advice of a real estate appraiser and in a form acceptable to the Town Attorney, shall determine adequate compensation for any lands so used. Title will not pass until all costs and compensation to the owner of the property crossed by the right-of-way are paid.
H.
Flag lots.
(1)
Purpose. The Planning Board has the discretion to approve residential flag lots within minor or major subdivisions where strict adherence to the zoning regulations would create unreasonable building lot configurations and the proposed flag lot would be the best use of the land.
(2)
Planning Board review. The Town of Mamakating Planning Board shall have the discretion and authority to permit residential flag lots in a minor subdivision within all zoning districts which permit residential uses.
(3)
Standards.
(a)
The Planning Board shall determine whether the flag lot is the best use of the land.
(b)
Flag lots shall be subject to subdivision review by the Planning Board and shall conform to all standards set by the Land Subdivision Regulations of the Town of Mamakating.[2]
[2]
Editor's Note: See Ch. 166, Subdivision of Land.
(c)
Subsection G of this section shall not be applicable for flag lots.
(d)
Exclusive of the flagpole, the flag lot shall meet all bulk requirements, except yard requirements, for the zoning district in which it is located. There shall be no yard requirements for flag lots.
(e)
A minimum flagpole width of 25 feet shall be provided; however, the Planning Board may require that the minimum flagpole width be increased on a parcel that is 10 acres in size or larger where it finds that the lot has the potential to be further subdivided. The flagpole shall be a minimum of 200 feet in length.
(f)
The grades shall not exceed 14% along drives in flag lots.
(g)
A minimum buffer area of 25 feet in width shall be designated along all property lines of the flag lot. There shall be no construction within this designated buffer area except driveways.
(h)
The minimum lot width of a flag lot shall be measured between the two side lot lines at a point beginning at a minimum of 25 feet beyond the required 200-foot flagpole length.
(i)
The minimum building setback line shall be no closer to the flagpole than 25 feet.
(j)
Flag lots may require special drainage and surfacing for driveways.
(k)
Flag lots may require additional monumentation along the flagpole.
(l)
Flag lots may require driveway profiles.
§ 199-10 Lot frontage.
Where a building lot has frontage upon a street which, on the Traffic Plan or Official Map of the Town of Mamakating, is designated for right-of-way widening, the required front yard area shall be measured from such proposed future right-of-way line.
§ 199-11 Height regulations.
A.
General application. No building or structure shall have a greater number of stories or be higher than permitted in the district where such building or structure is located, except as noted elsewhere in this chapter.
B.
Permitted exceptions.
(1)
Except for restrictions imposed by airport safety standards, height limitations stipulated elsewhere in this chapter shall not apply to temporary open amusement uses, church spires, belfries, cupolas, and monuments.
(2)
Water towers, chimneys, smokestacks, flagpoles, radio and television towers, masts and aerials, and heating, ventilation, air-conditioning and other accessory utilities shall be exempted from height restrictions, provided said utilities do not exceed 20% of the gross floor area of the roof and that height does not exceed 10% of the building's height.
(a)
For accessory utilities atop buildings in the LIO, IO, and IC Districts, the same restrictions apply; however, the Planning Board, at its discretion, may approve an accessory utility height in excess of 10% of the building's height, provided the following:
[1]
The Planning Board shall require a visual simulation of the height and its effect on the surrounds in accordance with § 199-26X(11)(c) of this chapter; and
[2]
The building on which said utility is situated is set back from every lot line a distance at least equal to the height.
(b)
Under no circumstances shall the height of said utilities exceed 80 feet from the ground level.
(3)
Parapet walls are also excluded from height restrictions, except that no parapet wall may extend more than four feet above the limiting height of the building. Farm buildings and structures on farms, e.g., silos, are also excluded, provided that these buildings are set back from every lot line a distance at least equal to their height.
§ 199-12 Yard regulations.
A.
Side yard of corner lot. On a corner lot, each yard fronting on a street shall be deemed a front yard. At the owner's discretion, one yard other than the front yard shall be deemed to be a rear yard. The remaining yard(s) shall be deemed to be a side yard. The minimum district yard requirements for each shall be complied with. The location of accessory structures shall conform to the requirements contained in § 199-13.
B.
Additional yards required when nonresidential districts abut residential districts. All uses permitted in nonresidential districts which abut, at the lot line or on the same street, a residential district shall provide yards, where they abut, of at least the minimum yard requirements in such residential districts.
C.
Side yard width may be varied. Where the side wall of a building is not parallel with the side lot line or is broken or otherwise irregular, the side yard may be varied. In such case, the average width of the side yard shall not be less than the otherwise required minimum width; provided, however, that such yard shall not be narrower at any point than 1/2 the otherwise required minimum width.
D.
Front yard exception. When an unimproved lot is situated between two improved lots, each having a principal building within 25 feet of any side lot line of such unimproved lot, the front yard may be reduced to the greatest depth of the front yard of the two adjoining improved lots but shall be not less than 10 feet.
E.
Provision of yard or other open space. No yard or other open space provided about any buildings for the purpose of complying with the provisions of this chapter shall be considered as providing a yard or open space for any other building, and no yard or other open space on another lot shall be considered as providing a yard or open space for a building on any other lot.
§ 199-13 Accessory structures.
A.
No accessory building permitted by this chapter shall be placed in any required side or required front yard except as specified hereinafter in this article.
B.
The aggregate ground area covered by any accessory buildings in any rear yards shall not exceed 20% of the rear yard area.
C.
Accessory structures which are not attached to a principal structure may be erected in accordance with the following restrictions:
(1)
No accessory structure is located closer than 10 feet to the side and rear lot lines, except for storage sheds not requiring a building permit.
(2)
No accessory structure is located closer to the street than the street wall of the principal structure, except in the case of farm buildings.
(3)
No accessory structure is located closer to a principal structure than 10 feet.
D.
When an accessory structure is attached to the principal building, it shall comply in all respects with the requirements of this chapter applicable to the principal buildings.
E.
All existing structures that are relocated are to abide by the regulations of this chapter.
F.
Private swimming pools accessory to a residential dwelling. Swimming pools, whether permanent or portable, shall be regulated as follows, except that these regulations shall not apply to portable swimming pools when they are not more than three feet in height nor more than 15 feet in length:
(1)
Private swimming pools shall be erected on the same lot as the principal building.
(2)
Private swimming pools may be erected only in the rear yard of such structure and shall be located not less than 20 feet from a rear lot line and not less than 10 feet from any side lot line and from any principal building or accessory structure attached thereto.
(3)
Private swimming pools shall be enclosed in accordance with the New York State Uniform Fire Prevention and Building Code.
G.
Accessory private boathouses, docks and cribs. Boathouses are not to exceed one story in height nor to exceed 15% of the available lake frontage and shall be not nearer to any side property line than is permitted in the district. Private docks or cribs shall not extend more than 20 feet into the lake, shall be not wider than 10% of the available lake frontage and shall be not nearer to any side property line than is permitted in the district.
H.
Trailer bodies and shipping containers. The use of trailer bodies and/or shipping containers for storage is prohibited in the Town of Mamakating.
I.
Accessory mechanical equipment, utility hardware and waste storage areas. Mechanical equipment or other utility hardware on roofs shall be harmonious with the building or it shall be located and/or screened so as not to be visible from any public ways. All refuse and waste storage areas shall be screened from adjoining properties and public ways by appropriate fences, walls or landscaping. Front-end-loaded refuse containers shall also be required to be screened by vegetation or structural means or by locating said container in an area not readily visible from a public way. No front-end-loaded refuse container shall be located in a required front yard.