Monroe Town City Zoning Code
ARTICLE VII
Environmental and Design Standards
§ 57-21 Bulk requirements with central sewer facilities.
[Added 3-4-2024 by L.L. No. 4-2024]
Where reduced bulk requirements are identified in Attachment A for lots with central sewer facilities, such reduced bulk requirements shall be applicable in the event that an existing sewer main is available within the right-of-way directly adjacent to the lot, or in an easement to which the lot has legal rights of use and that any proposed dwelling will be connected to the main prior to issuance of a certificate of occupancy, or that:
A.
Where sewer mains do not presently exist, they are proposed to be extended to the lot prior to issuance of a certificate of occupancy, and a bond or letter of credit suitable in form and amount to the Town Board to guarantee construction of the main is provided by the applicant; or
B.
That the lot is located within a public sewer district and the following conditions exist:
(1)
The lot is not proposed as part of a major subdivision; and
(2)
The lot has been in existence for at least one year, or, if proposed as part of a minor subdivision, the lot had not been part of a prior subdivision within the last five years; and
(3)
A licensed professional engineer certifies and the Town Engineer verifies that based upon observed soil testing and review of a wastewater disposal system designed by a New York State licensed professional engineer that the lot may be occupied, and the wastewater disposed of without resulting in a danger to public health or personal property, and that adequate separation distance exists to protect existing public and private wells, and that the proposed system would not preclude the viability for constructing a private well on any adjacent lot.
§ 57-21.1 Minimum lot area.
[Amended 9-19-2022 by L.L. No. 6-2022]
A.
Net acreage. Whenever the phrase "lot area, minimum lot area, or minimum lot size" or similar term appears in this Zoning Chapter, such phrase shall be deemed to be based upon net acreage following the exclusion of the following environmentally constrained lands:
(1)
The 100-year floodplain as defined by and illustrated on the Federal Emergency Management Agency (FEMA) Flood Hazard Boundary Maps as those maps now exist or as they may be amended from time to time;
(2)
Wetlands, including New-York-State-designated wetlands but excluding the 100-foot regulated adjacent area, and wetlands regulated by the U.S. Army Corps of Engineers, as those wetlands now exist or may be found to exist;
(3)
Lands under water, and lands covered by natural or constructed water bodies, including, without limitation, retention and detention basins;
(4)
Steep slopes equal to or greater than 30%;
(5)
Land encumbered by easements or other restrictions, including utility easements, preventing use of such land for construction of buildings, uses, and/or development.
B.
The net lot area, after exclusion of the features set forth in Subsection A above, shall be calculated, and any permissible residential density or nonresidential intensity of land shall be calculated on the net lot area. Any fractional dwelling unit shall be rounded to the nearest whole number.
C.
Area variance required. A lot shall be deemed conforming as to lot area only if it meets the minimum lot area set forth in Attachment A[1] or as otherwise required in this Zoning Chapter after subtracting those areas listed in § 57-21.1A above. Any lot area not meeting the minimum requirement shall require an area variance.
[1]
Editor's Note: Attachment A is included as an attachment to this chapter.
D.
These provisions shall not apply to any lot occupied by a single-family detached dwelling for which a certificate of occupancy had been issued prior to the effective date of this chapter, except that these provisions shall apply to any proposed subdivision of a lot containing a single-family detached dwelling.[2]
[2]
Editor's Note: Former Subsection E, Minimum lot area with central sewer facilities, as amended, which immediately followed this subsection, was repealed 3-4-2024 by L.L. No. 4-2024.
§ 57-21.2 Ridgeline Protection Overlay (RP-O) District.
A.
Purpose. Consistent with the Town of Monroe Comprehensive Plan Update, the Town of Monroe seeks to protect its environment, community character and scenic beauty. The Town's prominent ridgelines are within the viewshed of national and regional trails, including the Appalachian National Scenic Trail. The Town has determined that prominent ridgelines are an integral contributing element to the Town's landscape. The purpose of this section is to minimize the visual and environmental impacts of development located on or within 300 feet of a ridgeline by regulating the placement of buildings and structures and limiting the overall disturbance that occurs within the Ridgeline Protection Overlay District. It is not the intent of this section to regulate or limit development on small hills or rises on parcels within the Town that are not prominent in the visual landscape and are not identified on the Zoning Map.
B.
Applicability. The Ridgeline Protection Overlay District shall apply to all lands within 300 feet of a ridgeline as shown on the Zoning Map.
C.
Regulated activities.
(1)
No approval shall be granted and no building permit shall be issued for any activities regulated herein without Planning Board review and approval as per the requirements of this Section. The following activities situated within the RP-O District are subject to review and approval by the Planning Board:
(a)
Any activity requiring site plan approval from the Planning Board.
(b)
Any activity requiring special use permit approval from the Planning Board.
(c)
Any construction or use requiring the issuance of a building permit, and where the proposed construction would disturb over 500 square feet of gross lot area or would exceed 20 feet in height as measured from existing ground level within the RP-O District.
(2)
Activities that require a building permit on that portion of a property occurring wholly outside of the RP-O District shall not be subject to the following regulations.
D.
Procedure.
(1)
Building Inspector review. The Building Inspector shall review a building permit application and determine if the activity is located within the RP-O District. The building permit application shall be referred to the Planning Board and said Board shall determine if it is regulated in accordance with this section. No building permit shall be issued for any regulated activity unless the Planning Board has issued approval of the activity.
(2)
Design review. The Planning Board shall review the application to determine if it complies with the design standards set forth herein.
(3)
Decision making. The Planning Board may approve, approve with modifications, or disapprove the proposed activity. In the event that, even with the imposition of conditions, the resource protection objectives of this section cannot be satisfied, the Planning Board shall deny an application for activities regulated herein.
(4)
SEQRA. The Planning Board, in its decision making, shall comply with the regulations implementing SEQRA.
(5)
Timeframe for decision making. Where the Planning Board is reviewing a site plan or special use permit application, the timeframe within which to make a decision on an application proposed within the RP-O District shall be reviewed concurrently and decided upon with the site plan and special use permit. For any action that does not otherwise require a site plan or special use permit, the Planning Board shall render a decision within 62 days of receiving a complete application, or the close of the public hearing, whichever occurs later. The Planning Board, in its discretion, may hold a public hearing on the application.
(6)
The decision of the Planning Board shall be filed with the Building Inspector.
E.
Submission requirements. The Planning Board shall determine the level and detail of information that shall accompany the site plan, special use or building permit application(s). The information to be submitted shall depend on the nature of the proposed activity, e.g., its scale, height and mass, and the potential for same to be visible from public observation points. Data to be submitted include:
(1)
Any material submitted to the Building Inspector in conjunction with a building permit, site plan or special use permit application. Said application shall also include an architectural rendering of the proposed structure, indicating the size and shape of the house, its siding color and material, window locations, size and type and roofing color.
(2)
Swatches, paint chips, and other samples indicating the materials and colors proposed in the construction of the activity. The applicant shall specify the methods and mechanisms of minimizing visual impacts of existing and proposed structures, roads, driveways and other man-made features.
(3)
A plan showing the location of existing and proposed roads, structures, driveways, or other man-made feature. The plan shall indicate the maximum first-floor topographic elevation and the maximum elevation to the highest point of each building and structure. Grading and the limits of disturbance shall be shown.
(4)
Visual assessment form, indicating the public observation points from which the proposed activity may be visible.
(5)
Additional submittals. The Planning Board, in its discretion, may also require submission of the following information:
(a)
Soil stability analysis. A soil stability analysis shall be submitted to the approving agency to demonstrate that the construction will not compromise the stability of the terrain (including any man-made structure on site) and certified to that effect by a New-York-State-licensed geotechnical engineer. The Planning Board may waive this requirement if the Village Engineer advises the Planning Board that it is unnecessary owing to the particular conditions of the site and the nature of the requested approval.
(b)
Visual impact analysis. A visual impact analysis shall be submitted to the extent and level of detail commensurate with the circumstances of the requested approval, if the Planning Board makes a finding that any structures may have a significant visual impact on the environment. Such visual impact analysis may be required to include a verifiable digital photomontage combining an existing conditions photograph with a three-dimensional computer-aided design ("CAD") model of proposed conditions using match points that are in common in both the three-dimensional model and the photograph to create a verifiable visual simulation of the proposal, during leaf-off -no snow conditions, from distances and vantage points as determined appropriate by the Planning Board. A balloon test may be required to determine whether any proposed structure would be visible from a public road.
(c)
Tree survey. A tree survey shall be submitted showing on the site plan the location, type, and diameter of every tree of 10 or more inches dbh that is being proposed to be eliminated. The Planning Board may require a photographic record of the vegetative coverage taken from vantage points determined by it to be appropriate given the particular circumstances of the requested approval. In addition, the Planning Board may require an inventory of shrubs and plants for purposes of identifying species typically found on the property and determining appropriate compensatory coverage.
(d)
In consultation with the Planning Board, the applicant shall provide a list of observation points from which the structure may be visible. The applicant shall provide photographs taken from the observation point of the development site with aerials markers (e.g., balloons) if required by the Planning Board.
(e)
Any additional information as may be requested by the Planning Board to render its decision.
F.
Design standards.
(1)
Location outside RP-O District. The Planning Board, in its discretion, may require that activities and structures be located on those portions of a lot outside the ridgeline regulated area. The Planning Board, in reviewing a subdivision plan, shall ensure that proposed lots be platted, and buildings be situated on the landscape so that proposed disturbance areas and building locations are located outside the RP-O District.
(2)
The installation of all structures and associated driveways, gardens, terraces, walls, ponds, patios, and utilities shall minimize to the greatest extent practicable all blasting, chipping, cutting, filling, and mechanical recontouring of the natural terrain, and shall take advantage of the screening potential of existing vegetation and land features to screen any activity regulated herein. All land-disturbing activities, including but not limited to clearing, grading, excavation, building construction, construction of driveways and roads, cutting, and filling, shall be limited to the minimum land area necessary to accommodate the proposed use or activity, and shall in no case be greater than 5,000 square feet plus land necessary for driveway access, unless a larger area is required to accommodate a septic system, in which case that larger area shall be permitted to be disturbed.
(3)
If such structures cannot be completely obscured, they shall be made to blend as unobtrusively as possible into the hillside to avoid breaking the natural ridgeline. Structures shall be designed to step with or follow the natural terrain to minimize regrading. Landscaping may be required by the Planning Board as mitigation for negative impacts on the public viewsheds and to minimize the visibility of the proposed improvements.
(4)
Natural and historic features that provide scenic importance to the mapped areas of the Ridge Line and Precipice Overlay District areas shall be preserved and remain undisturbed to the greatest extent practicable. These features shall include, but are not limited to, historic buildings and structures, stone walls, steps and paths, boulders, natural rock outcroppings, and streams.
(5)
Location below the ridgeline. All structures shall be sited so that the roof or the top of the structure is located below the ridgeline unless the structure is fully screened by existing vegetation and appropriate restrictions are placed on the lot to ensure that said vegetation is not removed. In no instance shall a structure pierce the skyline as seen from any public road. Vegetation shall be retained or planted to ensure this requirement is met. The Planning Board may impose conditions or otherwise limit the maximum height of any structure to achieve the objectives of this section.
(6)
Proposed building materials (including but not limited to retaining walls and windows) shall be used with dark earth-toned and nonreflective building materials to ensure that the structure blends with the surrounding landscape. Structures shall blend in with natural surroundings through preferred use of stone or natural wood siding and use of roofing materials with dark earthtone colors.
(7)
Native vegetation to be preserved. Removal of native vegetation including shrubs and trees shall be minimized to the maximum extent practicable. The Planning Board may impose conditions or otherwise limit the amount of disturbance permitted. The Planning Board may also require landscaping with native noninvasive species to offset potential visual or environmental impacts associated with the proposed disturbance. Clear-cutting of trees in a single contiguous area shall be prohibited, unless expressly permitted by the Planning Board.
(8)
Clear-cutting prohibited. Notching out trees and clear-cutting on the ridgeline shall be prohibited. The continuity of the treeline when viewed from a public observation point shall not be disturbed.
(9)
Lighting shall be minimized. The Planning Board may require the use of dark sky compliant fixtures or otherwise limit the amount of lighting associated with a proposed activity to the minimum necessary to protect the health, safety and welfare of occupants.
(10)
Colors. The Planning Board may require that a structure be limited to specified dark earthtone colors to limit visibility of the structure.
(11)
Building envelopes. To ensure that the placement of structures and other improvements complies with these standards, the Planning Board shall limit permitted development to specified building envelopes showing acceptable building sites and areas of permitted clearing of vegetation and grading of land. Such building envelopes shall:
(12)
Any subdivision showing a potential structure within the RP-O District shall have a note referencing this section of the Zoning Chapter or a note indicating detailed plans and restrictions for specific structures for specific lots that have been approved during the subdivision process along with the restrictions imposed.
(13)
The Planning Board shall consider the proximity of any parcel to existing trails and potential trail connections, and endeavor to incorporate existing or proposed routes where necessary.
G.
Conditions. The Planning Board shall attach conditions to its approval as it deems necessary to achieve the RP-O District. Such conditions may include the following:
(1)
Limiting building to a specified "building envelope" area.
(2)
Requiring a conservation easement on land outside a building envelope.
(3)
Requiring landscaping to buffer and screen proposed structures.
(4)
Reducing the height, footprint, or floor area of a proposed structure.
(5)
Modifying the architecture, building materials, or other design features of a structure so that it will blend into the landscape.
(6)
Limiting alteration of landforms through grading, cutting, or filling.
(7)
Changing the location and siting of structures, including the alignment of roads and driveways and the placement of any other improvements on the property.
(8)
Restricting clearing of trees and reduction of tree cover.
(9)
Other conditions deemed necessary to achieve the objectives of this section.
H.
Waivers from design standards. The Planning Board, in its discretion, may waive the design standards set forth herein where it determines that the objective of preserving the visual and rural landscape is best achieved by granting the waiver.
§ 57-21.3 Water Supply Protection Overlay District (WSP-O).
A.
Purpose. The purpose of this overlay is to protect the quality of streams and surface waters that contribute to surface water drinking water supplies located within the Town of Monroe. To this end, these regulations apply to all lands within the watersheds that contribute surface water, directly or indirectly, to Mombasha Lake and Walton Lake. These regulations further protect the aquatic ecological systems associated with these lakes. It is well established that impervious surfaces collect and accumulate pollutants deposited from the atmosphere, leaked from vehicles or derived from other sources. During storms, accumulated pollutants are quickly washed off and rapidly delivered to surface water systems through stormwater runoff. Numerous studies have concluded that it is extremely difficult to maintain predevelopment stream water quality when development within a watershed development exceeds fifteen-percent lot coverage. In order to protect these water supply resources, the maximum allowable lot coverage of any lot within the Water Supply Protection Overlay District shall be restricted to protect the quality of streams and water that contributes to surface water supplies.
B.
Applicability. These regulations apply to any development application that requires site plan, special use permit, or subdivision approval of the Planning Board. These regulations shall limit the total maximum lot coverage of any property within the WSP-O District. The total lot coverage shall be the percentage of the lot area that is occupied by the area of buildings„ structures and all impermeable and/or compacted surfaces, including but not limited to roads, parking lots, access and circulation drives that may be or are proposed to be located on any lot. The maximum lot coverage shall apply to the cumulative impervious surfaces shown on any site or subdivision plan, including roads.
C.
Limitation on impervious surface coverage. The maximum lot coverage of any property within the WSP-O shall be 15% in cases where the proposed development does not integrate stormwater quality controls into the design of the development.
D.
Water quality control structures. Where a proposed development integrates stormwater quality controls, the Planning Board may permit an increase in the total maximum lot coverage to 35%, provided it finds, in consultation with the Town Engineer, that the stormwater quality controls will reduce potential water quality impacts to predevelopment conditions.
E.
Conditions. The Planning Board shall attach conditions to its approval as it deems necessary to achieve the RP-O District. It shall require applicable notes on any map, site plan or subdivision plan. Such conditions may include the following:
(1)
Limiting the total impervious surface area on any lot.
(2)
Requiring a conservation easement on land outside a building envelope.
(3)
Reducing the footprint of a proposed structure.
(4)
Requiring cluster subdivision development.
(5)
Reducing the total number of buildings, the area dedicated to parking, and limiting the length of driveways.
(6)
Other conditions deemed necessary to achieve the objectives of this section.
F.
Waivers. The Planning Board, in its discretion, may allow an increase in the maximum lot coverage, not to exceed that set forth for the applicable use and zoning district set forth in the Schedule of District Regulations,[1] where it determines, based upon the findings of a stormwater study and in consultation with the Town Engineer, that the objective of this section can be accomplished through other accepted mitigative techniques.
[1]
Editor's Note: Said schedule is included as an attachment to this chapter.
§ 57-21.4 Scenic roads.
A.
Intent. The scenic beauty of Monroe and its landscape is exceptionally desirable and is an important asset of the community, the Hudson Highlands, and the Hudson River Valley Greenway region. Sensitive planning of all development along the Town's scenic roads, as identified in the Town of Monroe Comprehensive Update, is critical to maintaining the rural woodland and scenic character that lends much importance to Monroe's desirable community character. In furtherance of protecting such scenic and rural woodland quality, a scenic buffer zone is required to be maintained along properties that front to a designated scenic road.
B.
Scenic buffer zone established. For purposes of this section, a scenic buffer zone is an area on any lot extending from the road right-of-way line on a designated scenic road into a lot a distance equal to half the depth of the required front yard specified in the Schedule of District Regulations[1] for the applicable use and zoning district in which the lot is located.
[1]
Editor's Note: Said schedule is included as an attachment to this chapter.
C.
Buffer maintenance required. Each lot adjacent to a scenic road shall maintain the scenic buffer zone in a condition which preserves the vegetation and structures that render the road scenic. The buffer shall closely resemble the natural appearance of any undeveloped land. Within the scenic buffer zone there shall be no significant disturbance, including, but not limited to, tree removal, clearing, grading and filling, or the building of structures except as approved by the Planning Board.
D.
Exceptions. The following activities within the scenic buffer zone shall not require approval:
(1)
Maintenance of existing landscaping.
(2)
Removal of dangerous dead wood.
(3)
Repair of existing fences, stone walls or retaining walls, provided that original materials and building techniques are used.
(4)
Construction of a driveway, where said driveway is shown on an approved subdivision or site plan. If the driveway has not been reviewed, its location shall be subject to Planning Board review and approval.
E.
Fences. Chain link and stockade fences shall be prohibited within the scenic buffer zone.
F.
Subdivision and site plan review. Where the Planning Board reviews an application subject to subdivision or site plan review, the Planning Board shall require that the scenic buffer zone mapped on the plan. To the maximum extent practicable:
(1)
Lots shall be designed so as to maximize the number of lots which gain access from a road internal to a new subdivision rather than the scenic road. The Planning Board shall approve the location of all driveways proposed to access the scenic road, and shall limit the clearing of any vegetation within the scenic buffer zone or within the public right-of-way to the minimum necessary to assure safe sight distances.
(2)
The Planning Board may require shared entrances of adjoining driveways to minimize the number of curb cuts along the scenic road. Where a shared entrance is proposed, the Planning Board may allow driveways to be located within required side yards.
(3)
The Planning Board may require supplemental landscaping to screen views into new developments or may increase the depth of the scenic buffer zone so as to capture any features associated with a scenic road vista.
(4)
Map notes shall be included on a plan which designates the scenic buffer zone and requires the maintenance of structures and preservation of vegetation within the scenic buffer zone.
(5)
Stormwater ponds, electric utility boxes, and other utility infrastructure shall not be located within the scenic buffer zone unless the Planning Board determines there is no alternate location for same, and where said infrastructure is screened from view to the satisfaction of the Planning Board.
(6)
Existing vegetation, stone walls, mature trees and tree rows within any road right-of-way will be retained in its undisturbed state except where the Planning Board requires rehabilitation of fences or walls in conjunction with plan review.
(7)
The Planning Board may allow a subdivision identification sign at the entry to a subdivision within a scenic buffer zone provided an undisturbed woodland or vegetated backdrop is retained and any vegetative removal shall be the minimum necessary. The sign shall be subject to architectural review and approval and shall be designed to be permanent, require minimal maintenance, be consistent with the materials of any existing stone walls or other historic features, and shall not be detrimental to the appearance of the scenic road.
(8)
The Planning Board may require all utilities to be underground.
(9)
The Planning Board may require preservation of existing trail routes, incorporation of a new trail alongside a scenic road, or otherwise incorporate trail connections into the design of a site plan or subdivision.
G.
Highway improvements to scenic roads.
(1)
Alterations and improvements of designated scenic roads shall be carried out to preserve to the highest degree possible and enhance wherever feasible the scenic characteristics of a designated scenic road.
(2)
Routine road maintenance and emergency repairs undertaken by the Highway Superintendent shall not require Town Board approval. Routine road maintenance shall mean: trimming of the tree branches that encroach on the traveled portion of the road below the height needed to allow school buses and emergency vehicles to pass; trimming or removal of brush or other obstacles that encroach on the traveled portion of the road; necessary trimming for utility lines; trimming of brush to enhance and protect scenic views, stone walls, mature trees and other characteristics of the scenic road; correction of drainage problems; and retreatment and repair of existing roadway surfaces.
(3)
In the case of a natural disaster in which, in the judgment of the Highway Superintendent, a road or a portion thereof becomes impassable or unsafe for public travel, emergency repairs and reconstruction by the Highway Superintendent may be made as needed to restore the road to its pre-emergency condition and surface. Repair work that would change the condition of the road to other than its state prior to the disaster is subject to procedures required for alterations and improvements not involving routine road maintenance or emergency repairs.
(4)
All activities listed herein that occur within the right-of-way of a scenic road are not "emergency repair" or "routine road maintenance" and shall be reviewed by the Town Board. Such activities include, but are not limited to:
(5)
Any proposal for alteration or improvement of a designated scenic road shall be submitted to the Town Board. Such proposal shall be accompanied by photos, a suitable map showing the location of each proposed improvement or alteration, and, when deemed necessary by the Town Board, a short report describing the proposed alterations, discussing the reasons for the proposed alteration and available alternatives, if any. The Town Board shall review and approve any such alterations and improvements prior to any action.
H.
The following standards shall guide Town Highway Department, the Town Board and Planning Board in the review of any action within their jurisdiction requiring improvements to be made to a designated scenic road:
(1)
Curves. Scenic and historic values correlate with the existence of curves in a roadway which allow a constant unfolding of new and changing views. Curves shall not be eliminated unless they constitute a safety hazard and unless no reasonable economically practicable alternative, such as lower speed limits, could address safety concerns.
(2)
Grades. Hills and valleys and corresponding changes in typography and road grades are correlated with scenic and historic values. Changing grades through cuts and fills shall not be undertaken unless necessary for roadway safety.
(3)
Widths. Narrow roads correlate with scenic and historic beauty, especially when surrounded by natural vegetation and a canopy of trees. Scenic roads, or portions thereof, shall not be widened unless there are no other reasonable, economically practicable alternatives, such as construction of wide bypasses and turnouts at intervals where they will have the least impact on scenic and historic values.
(4)
Side slopes. Existing steepness of side slopes are preferred to reduction of gradient through extensive removal of soil, rock, and slope, particularly where the slope is fully stabilized and has extensive ground cover, shrubs or trees.
(5)
Vistas. Roadside views of near and distant scenic and historic landscapes shall be preserved and, where possible, enhanced through vegetative management and selective cutting to maintain or open up such views.
(6)
Stone walls. Stone walls should be retained wherever possible. If stone walls or portions thereof must be removed for safety reasons, they should be rebuilt in a comparable manner within the untraveled portion of right-of-way of the scenic and historic road.
(7)
Utility lines. Wherever possible, utility lines should be placed underground. Where they are overhead the utility corporations should be encouraged to cooperate by implementing suitable vegetation management techniques which preserve wildflowers and the shrubs.
(8)
Vegetation. Vegetation on the side of the road shall be managed in such a way as to preserve flowers, shrubs, wildlife and trees. Overarching isolated trees and the canopy of a closed forest are valuable scenic qualities and should be preserved wherever possible. Maintenance of scenic roads should be done so as to minimize root damage to bordering trees.
(9)
Drainage ditches. Drainage swales shall be vegetated or lined with stones in areas subject to erosion.
§ 57-21.5 Landscaping and screening.
A.
General. Landscape materials shall be utilized in a positive manner in all developments for purposes of architectural enhancement, space articulation, screening, privacy control, erosion control, noise control, atmospheric purification, traffic control, glare and reflection control, solar radiation control, wind control, precipitation control and temperature control. All areas of a lot not left in a natural state and not developed with buildings, driveways or other impervious surfaces shall be maintained continuously in a dust-free condition by installing suitable landscaping, including trees, shrubs, grass or other ground cover, or by providing a stable pervious surface, such as pervious pavers, gravel, crushed rock or similar material. Landscape treatments shall minimize soil erosion and stormwater runoff and provide necessary screening as set forth herein.
B.
Landscaping standards. A landscape plan shall be submitted in conjunction with any site plan or special use permit application. The following standards shall be met:
(1)
Landscaping shall be appropriate to the project, and the natural vegetative cover shall be preserved to the maximum extent practicable. Natural areas shall be protected during construction. A concerted effort shall be made during the design stage to integrate existing natural features of the site into the landscape plan.
(2)
A landscape plan shall be prepared by a landscape architect or other New-York-State-licensed qualified design professional practiced in the profession of landscape design. The Planning Board, as a condition of approval, may require that the landscape consultant periodically inspect the construction and installation of landscape materials.
(3)
The landscape plan shall include a planting schedule which indicates the number, planting size, and quantity of each planting material to be installed. Details indicating the planting method for each type of material, e.g., trees or shrubs, shall be provided on the landscaping plan, and shall follow planting details and specifications promulgated by the International Society of Arboriculture, AmericanHort, or similar organization.
(4)
A landscape plan shall include plant selection suitable to the conditions of the site. Plant specimens native to the region are to be used to the greatest extent practicable.
(5)
Within the area of proposed disturbance, the location of trees with a diameter of 10 inches or greater measured at chest height ("dbh") shall be indicated on the plan. The tree specimen and its conditions shall be noted on the plan. Healthy trees 12 inch dbh shall be preserved to the maximum extent practicable.
(6)
For landscaped areas near roads, plants shall be selected according to their hardiness and ability to withstand highway salt conditions or snow "throw" compaction.
(7)
In parking lots, landscape medians to receive plant materials shall have a minimum inside width of five feet, except that where vehicle overhang is permitted an inside width of 10 feet shall be required.
(8)
Approved mulch shall be spread within a landscaped space at a level not to exceed 1 1/2 inches below top-of-curb, and at a depth of not less than three inches. Mulch shall be placed in all planting beds to a minimum three-inch depth. Mulch may consist of clean wood chips, pine bark, peat moss, stone aggregate, or other approved material. As a general guideline, mulch shall be clean, homogeneous, attractive, and self-matting so that it does not blow in the wind.
(9)
Areas that will receive continued pedestrian movement shall be paved. Paving can be cast-in-place concrete, impressioned concrete, or precast concrete unit pavers set in an approved setting bed. Bituminous concrete or asphalt walks are not acceptable.
(10)
In general, planting designs shall strive for year-round seasonal interest and a natural, yet ornamental, appearance.
(11)
Attention to environmental objectives and energy conservation, as well as design value, should be evident in the landscape plan. Environmental applications for plantings can include, among others, air filtration, temperature modification, natural slope stabilization, provision of edible-fruit-bearing plants, the use of NYSDEC recommended wetland plants in wetland buffer areas, and similar environmental objectives.
(12)
Plantings of all types shall be completed only at such times as weather and soil conditions are favorable for seed germination, plant establishment and subsequent growth. Generally, such conditions occur between April 1 and June 1 and between August 20 and October 15; however, conditions vary for different plants and different years. Accepted horticultural practices shall be followed in this regard.
(13)
Extreme care and caution shall be exercised in grading operations around existing trees scheduled for preservation. Protective tree fencing shall be placed around the tree(s) at or beyond the dripline(s). Cuts within the dripline, or the addition of 12 inches or more of fill, can result in tree mortality and shall be avoided to the maximum extent.
(14)
Tree wells are encouraged where grading necessarily comes in close proximity to trees. In areas of fill, the tree well should be concentric to the dripline, and of a diameter at least half that of the dripline. In areas of cut, the tree well should also be concentric to the dripline but should be of a diameter at least equal to that of the dripline. In cases where grade changes affect only one side of the tree, partial tree wells are acceptable.
(15)
The use of earth berms and other grading techniques is allowed, especially on flat sites or in locations where screening is warranted or necessary. The height, size and width of the berm shall be suitable for the intended plantings and shall fit with the character of the overall proposed design of the site.
(16)
The use of flowering annuals and perennials is encouraged in areas close to pedestrian movement and shall receive frequent maintenance.
(17)
A mix of plant materials, sizes, habits and textures shall be selected for each planting plan. Over-planting of any one species shall be avoided. The use of indigenous species is encouraged. The use of exotic species shall be avoided to the maximum extent.
(18)
Construction practice and planting specifications should follow ANSI Z60.1 American Standards for Nursery Stock or equivalent.
(19)
All plantings shown on an approved landscape plan shall be maintained throughout the duration of the use, and plants not so maintained shall be replaced in accordance with the specifications of the approved plan.
(20)
Erosion and sedimentation controls shall be provided and designed in accordance with the New York State Department of Environmental Conservation Best Management Practices.
C.
Screening. As a condition of approval, the Planning Board may require that a screen be established to minimize views of facilities, buildings and parking areas associated with nonresidential uses from adjoining residences and the public right-of-way. Transformers, gas meters, dumpsters and similar appurtenances shall also be screened. Plantings shall be indicated on the site or subdivision plan and shall meet the following standards:
(1)
Plant materials shall be no less than four feet in height when planted and shall be spaced to form a continuous, solid screen at maturity. Plant materials shall be spaced at distances no greater than 10 feet on center or other suitable distance, based on the specimen to be planted, which will provide adequate screening within five years after installation. Coniferous trees and shrubs shall be used to provide year-round screening. Where necessary, deer-resistant species shall be installed.
(2)
A wall, fence (finished side out), or earthen berm may be substituted for, or required in conjunction with, planting materials, upon approval of the Planning Board. The Planning Board shall establish conditions on the location, height and design of same.
D.
Waivers. Where existing topography or vegetation or other circumstance provides adequate landscaping or screening which warrants an exception to the strict application of standards in this section, the Planning Board may waive the landscaping or screening requirements set forth in this section.
§ 57-21.6 Lighting.
A.
Purpose and applicability. It is the purpose of this section to minimize light pollution in the Town of Monroe by:
(1)
Using fixtures with optical controls that distribute light in the most effective and efficient manner;
(2)
Using full cut off and shielded outdoor light fixtures;
(3)
Assuring that the light generated by outdoor fixtures does not extend beyond the property line of the property from which it emanates at levels exceeding the requirements of this section;
(4)
Requiring that certain outdoor fixtures be extinguished during nighttime hours as shall be determined by the Planning Board during site plan, special use permit, and subdivision plan review.
(5)
This section shall not apply to fixtures for single-family detached dwellings.
B.
Lighting plan. As part of any site plan or subdivision plan, the Planning Board may require submission of a lighting plan and supporting data. Said plan and data shall illustrate proposed fixture locations, lighting levels measured in footcandles, details and illustrations of proposed fixtures, glare control devices, lamps, mounting heights, and a description of hours of operations and proposed maintenance. The Planning Board may require illumination intensities to be plotted on a ten-foot-by-ten-foot grid. The Planning Board, if required in accordance with Article IX, shall approve the architectural style of the fixture(s).
C.
Standards. Lighting shall conform to the following standards:
(1)
All lighting, including sign lighting, shall be designed and arranged so as to minimize glare and reflection on adjacent properties.
(2)
The style of the light, light standard, pole and fixture shall be consistent with the architectural style of the building and its surroundings.
(3)
The maximum height of a light fixture shall not exceed 20 feet.
(4)
The source of the light shall be fully shielded with full ninety-degree cut-off luminaires and so located such that it shall not be visible beyond the property boundary on which it is situated.
(5)
All outdoor lighting shall be of such type and location to provide a minimum illumination of one footcandle in publicly accessible areas and shall be shielded so as to prevent the source of the light from being a visual nuisance to any adjoining property.
(6)
Illumination from light fixtures shall not exceed 0.05 footcandle on adjacent residential property, or 0.1 footcandle on adjacent business property, as measured along the shared property boundary at ground level. A maximum uniformity ratio (average to minimum) of 4:1 shall be achieved for all lit areas.
(7)
The Planning Board, as a condition of approval, may impose limits on the hours of lighting operation and may require that lights be controlled by automatic timing devices. The Planning Board shall consider the need to provide security in determining the hours of operation.
(8)
Light control shall be accomplished primarily through the proper selection and layout of lighting fixtures. The installation of landscaping, fences, walls or similar screening devices may also be considered by the Planning Board to ensure that light spillage onto adjoining properties is minimized.
(9)
Mercury vapor lights and quartz lamps are prohibited light sources, except to the extent that the local utility provider utilizes same for street lighting. Energy-efficient light sources are encouraged.
(10)
Luminance and uniformity. Light levels shall be designed not to exceed the latest recommended levels for outdoor lighting set by the Illuminating Engineering Society of North America (IESNA) for the type of activity/area being lit, except light levels for ATM machines shall be in accordance with the New York State ATM Safety Act. Where no standard is available from the IESNA, the applicable standard shall be determined taking into account the levels for the closest IESNA activity. Where said standard is inconsistent with the footcandle requirements set forth herein, the more stringent shall apply.
(11)
The Planning Board may impose conditions on any site plan, subdivision plan or special use permit to ensure that the objectives of this section are met.
(12)
Waivers. Where site conditions warrant exceptions to the strict application of these lighting standards, the Planning Board may waive the requirements set forth in this section where it determines that the waiver shall not violate the purposes of this section.
§ 57-21.7 Cluster development.
A.
Purpose.
(1)
Chapter A65, Subdivision of Land, of the Code of the Town of Monroe provides for the clustering of proposed developments as authorized under § 278 of the Town Law of the State of New York. The Planning Board may approve cluster developments in all districts according to the procedures and requirements specified below. The purpose of this provision is to allow an alternative permitted method for the layout, configuration and design of lots, buildings and structures, roads, utility lines and other infrastructure, parks, and landscaping in order to preserve the natural and scenic qualities of open lands as described further below.
(2)
The provisions of this section shall apply throughout the Town of Monroe where residential uses are allowed.
(3)
In order to increase design flexibility, two or more contiguous parcels of land, including parcels separated by a town, county, state, or private road, may be grouped together as one cluster provided the parcels are in common ownership and are merged into one parent parcel.
(4)
The application of these provisions shall be guided by the important physical, cultural and natural features of the particular property under review as follows:
(a)
Steep slopes.
(b)
Freshwater wetlands under the regulatory jurisdiction of the New York State Department of Environmental Conservation (DEC) and/or the U.S. Army Corps of Engineers.
(c)
One-hundred-year floodplains as identified on Federal Emergency Management Agency (FEMA) maps.
(d)
Properties listed on the National and/or State Registers of Historic Places or eligible for listing by the New York State Office of Parks, Recreation and Historic Preservation for inclusion on such registers.
(e)
Lands containing a farm operation within a New York State Agricultural District or within 500 feet of lands containing a farm operation within a New York State Agricultural District.
(f)
Significant viewsheds as determined by the application of the State Environmental Quality Review Act.
(g)
Recreational resources and water bodies including lakes, ponds, streams, or other potentially significant recreational resources.
(h)
Known habitats containing endangered, threatened, or special concern wildlife species, protected native plants, endangered, threatened, or rare plants, or state-identified significant habitats.
(i)
Unique or unusual land forms or geological formations.
(j)
Existing or potential trails including bikeways, hiking trails or multiuse, nonmotorized routes of local, county, state or national significance.
B.
Procedure.
(1)
Unless waived as per Subsection B(2) below, the Planning Board of the Town of Monroe shall require that an applicant for a residential major subdivision submit to the Planning Board a conservation plan, a conventional subdivision plan, and a conceptual cluster plan with the filing of the application for preliminary subdivision approval. The Planning Board shall review the conservation, cluster and conventional plans and shall require such other and further details for each plan that it reasonably believes necessary to evaluate same. Until all requested information is submitted, the application for preliminary subdivision approval shall be deemed incomplete. Nothing herein shall limit an applicant from requesting a cluster subdivision approval for a minor or major subdivision.
(2)
Planning Board waiver of cluster subdivision. Notwithstanding anything set forth in this chapter to the contrary, the Planning Board may waive, but shall not be obligated to waive, the requirement of a cluster plan submission for subdivisions involving five acres or less.
(3)
Conservation value analysis and plan.
(a)
In order to determine the conservation value of open space on a specific parcel of land, the applicant shall prepare and the Planning Board shall review a "conservation plan" of such parcel. The open space protected pursuant to this section shall have "conservation value" which may include historic, ecological, agricultural, water resource, scenic, or other natural resource value. Lands with conservation value include scenic view corridors, agricultural land, land with prime farmland soils or soils of statewide importance, aquifers and their recharge areas, ecological habitat for sensitive species, historic buildings or landscapes, large areas or contiguous forest, ridgelines and hillsides visible from public roads or other public areas, state or federal wetlands, lakes, water bodies, and stream corridors. These areas shall be mapped on a separate conservation plan which clearly demarcates these areas.
(b)
The Planning Board shall review the conservation plan, and determine which resources are to be protected as open space. No less than 50% of the gross area of the parcel shall be set aside for conservation as part of a cluster layout. The open space is separate and in addition to any land which the Planning Board deems must be set aside for active recreation pursuant to Chapter A65, Subdivision of Land.
(4)
Review of conventional plat to determine residential yield.
(a)
The conventional subdivision plan shall be submitted to establish the maximum number of lots or dwellings that shall be permitted on the subject property, referred to as the residential yield. The permitted number of dwelling units in a cluster subdivision shall in no case exceed the number of units that, in the Planning Board's judgment, would be permitted if the land were subdivided into lots conforming to the minimum lot size and density requirements of this chapter, the Subdivision Regulations, the Orange County Department of Health regulations, and all other applicable local, state and federal laws, regulations and standards. The basis for this determination will be a conventional subdivision plat for the subject parcel showing all environmental constraints as per § 57-21.1 of this Zoning Chapter, as well as roads (including road grades), stormwater basins, required setbacks for individual wells and septic systems, and other information as may be required by the Planning Board. The Planning Board shall, by resolution, establish the maximum residential yield upon a review of the conventional plan layout. The Planning Board may waive submission of documentation of the full residential yield where, in the Planning Board's judgment, the number of lots proposed is substantially less than the total allowable residential yield, provided that the plat contains a notation clearly indicating the reduction in the total lot count for the remaining unsubdivided parcel.
(5)
Cluster layout. Using the conservation plan as a basis for determining areas to be protected as open space, the applicant shall design a cluster plan layout which preserves the natural attributes and resources shown on the conservation plan that have been evaluated by the Planning Board and determined to be areas which shall remain as open space.
(6)
Resolution to pursue cluster or conventional layout. Upon review of the preliminary conventional and the cluster subdivision plans, the Planning Board shall advise the applicant as to which plan shall be advanced through the subdivision review process set forth in Chapter A65, Subdivision of Land, and/or the site plan review process as per Article VI of this Zoning Chapter. For purposes of SEQRA review, said resolution shall not be deemed an "action."
C.
Design standards for cluster subdivisions.
(1)
Allowable uses. In the OSR-3, RR-1, and SR-20 Zoning Districts, the residential uses allowed within a zoning district shall be single-family detached dwellings on individual lots. In the SR-15, SR-10, and URM Zoning Districts, multiple dwelling groups may be allowed at the discretion of the Planning Board, and the maximum density shall be as established in § 57-21.6. The total number of dwellings shall not exceed the maximum residential density determined in Subsection B(4) above.
(2)
Subdivision of clustered lots. No further subdivision of clustered lots shall be permitted. A map note specifying this restriction shall be included on the final cluster plan.
(3)
No buildings may be constructed within the open space area, except that the Planning Board, in its discretion, may allow outbuildings such as barns or sheds associated with agricultural operations to be located in an open space area which is preserved for agricultural uses.
(4)
Utilities. A cluster development may be served by individual well, individual septic, or central water and central sewer facilities, each approved by the appropriate agency or other entity having jurisdiction. All water, sewer and gas lines, power, telephone, cable and other communication services shall be installed underground in compliance with state and local regulations.
(5)
Arrangement of lots and dwelling units. The following guidelines shall apply:
(a)
Retain and reuse existing farm roads, lanes or driveways rather than constructing new roads or driveways. This minimizes clearing and disruption of the landscape and takes advantage of the attractive way that old lanes are often lined with trees and stone walls. (This is not appropriate where reuse of a road would require widening in a manner that destroys trees or stone walls.)
(b)
Preserve stone walls and hedgerows. These traditional landscape features define outdoor areas in a natural way and create corridors useful for wildlife. Using these features as property lines is often appropriate, as long as setback requirements do not result in constructing buildings in the middle of fields.
(c)
Avoid placing buildings in the middle of open fields. Place buildings either at the edge of fields or in the ecologically least significant parts of wooded areas where they will be less intrusive to views from adjacent roads, trails or high viewpoints.
(d)
Use existing vegetation and topography to buffer and screen new buildings if possible, unless they are designed and located close to the road in the manner historically found in the Town. Site buildings in groups or tuck them behind tree lines or knolls rather than spreading them out across the landscape in a sprawl pattern.
(e)
Minimize clearing of vegetation at the edge of the road, clearing only as much as is necessary to create a driveway entrance with adequate sight distance. Create curves in driveways, with due regard to safety issues, to increase the screening of buildings.
(f)
Site buildings so that they do not protrude above ridgelines as seen from public places and roads. Use vegetation as a backdrop to reduce the prominence of the structure. Wherever creating vistas is intended, open up views by selective cutting such as removal of understory vegetation and pruning lower branches of large trees, rather than by clearing large areas or removing large trees.
(g)
Minimize crossing of steep slopes with roads and driveways.
(h)
The required open space land may not include private yards located within 75 feet of a principal building.
(6)
Parcels in more than one district. Density calculations shall be made separately for the portion of the parent parcel in each district. This density may then be combined and distributed anywhere within the parent parcel, provided that the layout and design are consistent with the purposes of each district, the dwelling unit is permitted in the applicable zoning district, and that dwelling units are clustered at higher densities in the higher density district.
(7)
Minimum lot area and yard requirements. The Planning Board is allowed to vary the minimum yard and lot area requirements otherwise required in the Schedule of District Regulations[1] as follows:
(a)
The minimum lot area for individual lots with single-family detached dwellings in a cluster subdivision shall be as follows: The minimum lot size may be reduced by 50% of what otherwise would be required for a conventional lot in the district, except that no single lot shall be less than 7,500 square feet, whichever is greater.
(b)
The minimum yard requirements shall be established by the Planning Board during cluster review.
[1]
Editor’s Note: Said schedule is included as an attachment to this chapter.
(8)
Multiple dwellings. The yard requirements shall be established by the Planning Board during cluster plan review, and shall be no less than 50% of what otherwise would be required for a conventional lot in the district. The Planning Board shall determine the maximum lot coverage for a cluster development but shall not be increased by more than 50% of what is otherwise required for a conventional lot in the district. The Planning Board may require the protection of an undisturbed vegetative buffer along the side and rear property lines for any cluster development where the units are located on common land and the building adjoins a single-family detached dwelling, to be no less than 25 feet in depth. Where the required open space meets this purpose, no additional buffer is required. Off-street parking may be permitted in a front yard only in a driveway giving access to a garage, but off-street parking spaces shall otherwise be located behind the front facade of the building.
(9)
Building height. The Planning Board is not authorized to vary the maximum height limitation for any buildings or structure within a cluster development.
(10)
Permanent open space in cluster developments.
(a)
Open space land. Protected open space may be included as a portion of one or more large building lots, or may be contained in a separate open space lot. Such open space may be owned by a homeowners' association, one or more private landowners, a nonprofit organization, the Town or another governmental entity, or any other appropriate entity, as long as it is protected from development or encroachments by a conservation easement. The open space area, when located on individual lots to remain in private ownership, shall be demarcated by survey markers in a form to be approved by the Planning Board. A conservation easement baseline report shall be prepared by the applicant and submitted to the Planning Department for filing prior to signing the final cluster plan. The baseline report is for purposes of documenting the location of the conservation easement area, and ensuring no encroachment occurs to same except to allow those activities permitted within the easement, e.g., agricultural operations. The following documentation shall be included in the report:
[1]
Location map: Property shown on the Town Zoning Map or other parcel-based map with area shown within 1,500 feet of the project site, with the property highlighted.
[2]
A copy of the executed conservation easement.
[3]
Metes and bounds description of the conservation easement area.
[4]
An eleven-inch-by-seventeen-inch map or larger of the Planning Board approved site plan or subdivision plan illustrating clearly the conservation easement area. The map shall show parcel boundaries, topography, wetlands, and existing structures, if any.
[5]
An up-to-date aerial map of the property.
[6]
Photo key map, using map described in Subsection C(10)(a)[4] above as base, with photos as per Subsection C(10)(a)[7] below.
[7]
Photographs of the conservation easement area, keyed to the features shown on the approved cluster plan, shall be submitted after conservation easement markers are installed. The baseline report shall include compass direction and description of the photo subject. All existing structures and the existing condition (wetland, forest, etc.) within the conservation easement area shall be described in a narrative referencing the photos taken. Use of GPS for purposes of accurately identifying locations from which photos are taken is recommended, especially where there are few reference points, e.g., middle of woods. It is preferable for baseline photos to be taken when snow cover is not present.
[8]
The applicant shall certify (through signature) the report as being accurate.
(b)
Notations on plat or site plan. Protected open space land shall be clearly delineated and labeled on any final 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 reserved for open space purposes.
(c)
Permanent protection by conservation easement. A perpetual conservation easement restricting development of the open space land and allowing use only for agriculture, passive recreation, protection of natural resources, or similar conservation purposes, pursuant to § 247 of the General Municipal Law and/or §§ 49-0301 through 49-0311 of the Environmental Conservation Law, shall be granted to the Town with the approval of the Town Board, or to a qualified not-for-profit conservation organization acceptable to the Town Board upon the recommendations of the Planning Board. Such conservation easement shall be approved by the Planning Board and shall be required as a condition of subdivision plat approval. The Planning Board shall require that the conservation easement be enforceable by the Town if the Town is not the holder of the conservation easement. The conservation easement shall be recorded in the County Clerk's office prior to or simultaneously with the filing of the final subdivision plat in the County Clerk's office or a site plan in the Planning Department.
(11)
Ownership of open space land: homeowners' association (HOA).
(a)
If the land is owned in common by a HOA, such HOA shall be established in accordance with the following:
[1]
The HOA documentation must be submitted to the Planning Board before the final subdivision plat is approved, and must comply with all applicable provisions of the General Business Law.
[2]
Membership 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, common driveways, and other common facilities.
[3]
The open space restrictions must be in perpetuity.
[4]
The HOA must be responsible for liability insurance, property taxes, and the maintenance of recreational and other facilities and common driveways.
[5]
Property owners must pay their pro rata share of the costs in Subsection C(11)(a)[4] above, and the assessment levied by the HOA must be able to become a lien on the property.
[6]
The applicant shall make a conditional offer of dedication to the Town, binding upon the HOA, for all open space to be conveyed to the HOA. Such offer may be accepted by the Town, at the discretion of the Town Board, upon the failure of the HOA to take title to the open space from the applicant or other current owner, upon dissolution of the association at any future time, or upon failure of the HOA to fulfill its maintenance obligations hereunder or to pay its real property taxes.
[7]
Ownership shall be structured in such a manner that real property taxing authorities may satisfy property tax claims against the open space lands by proceeding against individual owners in the HOA and the dwelling units they each own.
[8]
The attorney for the Planning Board shall find that the HOA documents presented satisfy the conditions above, and such other conditions as the Planning Board shall deem necessary to ensure continuation and protection of the open space lands.
(12)
Maintenance standards.
(a)
Ongoing maintenance standards shall be established, enforceable by the Town against an owner of open space land as a condition of approval, to ensure that open space land is not used for storage or dumping of refuse, junk, or other offensive or hazardous materials, or in any manner not approved by the Planning Board.
(b)
In the event that the maintenance, preservation, and/or use of the open space area(s) ceases to be in compliance with any of the requirements of the Zoning Chapter or any other requirements specified by the Planning Board when approving the cluster subdivision plat or site plan, the Town shall be granted the right to perform such maintenance as may be necessary or to otherwise assure compliance and to charge the cost to the responsible property owner or owners. Such charge, if unpaid for more than 60 days, shall become a lien on the open space area and on the lots of any lot owners who share ownership of the open space area. Notwithstanding, the Town is under no obligation to maintain such open space areas.
D.
Site plan approval for cluster developments.
(1)
Where a cluster subdivision has been designed with multiple dwellings, a site plan shall be submitted to and approved by the Planning Board prior to the issuance of a building permit in a cluster subdivision development.
(3)
Nothing contained in this article shall relieve the owner or his or her agent or the developer of a proposed cluster development from receiving subdivision plat approval in accordance with Chapter A65, Subdivision of Land.
(4)
Prior to site plan approval, the developer shall file with the Planning Board a performance bond to ensure the proper installation of all park and recreation improvements shown on the site plan and a maintenance bond to ensure proper maintenance of all common lands until the homeowners' association is established. The amount and period of said bonds shall be determined by the Town Board upon the recommendation of the Planning Board, and the form, sufficiency, manner of execution and surety shall be approved by the Town Attorney and the Town Board.
§ 57-21.8 Site plan as part of subdivision review; house relocation and standards note.
A.
The limits of disturbance, location, size (footprint and height), bedroom count, and other physical characteristics of any building or structure on a lot depicted on a subdivision map approved after October 9, 1968, shall be the limit of construction allowed on that lot. No building permit will be issued authorizing construction of buildings, outdoor amenities, accessory structures or outdoor fixtures, including but not limited to exterior walls, mechanical units, dumpsters, etc., not shown on the approved subdivision map without amended site plan approval from the Planning Board. Building permit applications and plot plans shall carry a certification that what is shown thereon is fully consistent with the approved subdivision map. Nothing herein shall be construed to require a public hearing as part of this site plan review and approval for an individual lot as may be required for this Subsection B.
B.
No building permit authorizing construction on a lot depicted on any subdivision map approved before October 9, 1968, may be issued where construction or disturbance of any area of the lot exceeds a slope of 30% without site plan approval from the Planning Board. Building permit applications and plot plans shall carry a certification that no construction or disturbance on any portion of the lot exceeding a slope of 30% will occur. The location, size (footprint and height), bedroom count, etc. of any building or structure shown on the approved building permit shall be the limit of construction and disturbance allowed without amended site plan approval from the Planning Board. The Planning Board, in reviewing any building located on steep slopes, shall be guided by the same process and standards set forth in § 57-21.2 of the Zoning Chapter for ridgeline protection. Nothing herein shall be construed to require a public hearing as part of this site plan review and approval for an individual lot as may be required for this Subsection B.
C.
A house relocation and standards note shall be required to appear on any site plan or subdivision approved by the Planning Board. The Planning Board, in its discretion, may require that a copy of the note be recorded in the Orange County Clerk's Office so as to appear in the chain of title. Nothing herein shall be interpreted to limit the Planning Board's ability to require additional map notes applicable and specific to any site plan or subdivision being reviewed. The following notes shall appear on any site plan or subdivision which involves the construction of a dwelling(s):
"The owner/builder of a lot shall be allowed to relocate a dwelling shown on the approved plan without further Planning Board approval provided that the following requirements are met. If all of these requirements cannot be met, the matter must be referred back to the Planning Board for further review and approval.
(1)
The relocated dwelling remains on 20% of the area of the originally approved dwelling location and meets required dimensional standards.
(2)
Any well shall not be relocated and the sewage disposal system shall not be relocated off the area where approved percolation tests were recorded. If the project was approved by the Orange County Department of Health, relocation of wells and sewage disposal systems are subject to all of the terms and conditions of such approval, including the prohibition of any such relocations, if so stated.
(3)
The driveway meets maximum grade requirements.
(4)
The sewage from the dwelling will discharge by gravity to the sewage disposal field unless a lift or pump station has already been approved for the lot.
(5)
Drainage patterns on the lot shall not be changed so as to adversely impact adjacent properties.
(6)
The driveway curb cut or lot access is not relocated.
(7)
The dwelling location shall not be shifted onto an environmentally sensitive site feature such as a federal or state wetland if same was to remain undisturbed.
(8)
The dwelling shall not be shifted in a location in which is otherwise in contravention of a requirement of the subdivision regulations, Zoning Law, as may be amended, or of the findings or determination under the SEQRA for the subdivision of which the house lot is a part.
(9)
There shall be a mapped distance from a property line to three sides of the dwelling.
(10)
The maximum number of bedrooms is not exceeded.
(11)
The maximum building footprint is not exceeded.
(12)
The maximum lot coverage evaluated for stormwater control and other purposes does not exceed that shown and evaluated on the plan.
(13)
The limits of disturbance shown on the plan are not exceeded."
D.
Stormwater analysis. Site plan and subdivision approval relies upon a drainage study or other evaluations by the Planning Board based on dwelling/structure sizes shown on the plan. No building permit for a dwelling/structure larger than as shown on a site plan or subdivision plan will be issued unless a new drainage analysis, satisfactory to the Planning Board Engineer, has been submitted and approved, and the change in the dwelling/structure size is approved by the Planning Board in accordance with Subsection B above.
§ 57-21.9 Two-Family Overlay District.
[Added 4-17-2023 by L.L. No. 5-2023]
A.
Purpose. Consistent with the Town of Monroe Comprehensive Plan Update, the Town of Monroe seeks to allow for an additional housing option in select areas of the Town north of Route 17 with available access to existing infrastructure, and that retains meaningful expanses of existing open space to preserve the Town's woodland visual character.
B.
Additional uses authorized. In addition to the uses authorized in the underlying zoning district, two-family detached dwellings shall be authorized as a special use subject to authorization and site plan approval by the Planning Board, subject to § 57-13U.
C.
Bulk standards. The bulk standards for two-family detached dwellings shall be the same as required for single-family detached dwellings in the underlying zoning district except as follows: