New Lebanon City Zoning Code
§ 205-5
General regulations; incentive zoning.
A.
No building or part thereof shall be erected, moved or structurally altered, nor shall any building or lands be used or occupied, except in conformity with the regulations of this chapter, herein specified for the district in which such building or land is located. The regulations herein are deemed to be specific. Those uses and structures for which there are no specific provisions in this chapter shall be deemed to be prohibited. Any use not specified as permitted or allowed by a special permit for any district as per the Use Table is prohibited.[1] Notwithstanding the foregoing, uses identified as permitted or allowed by special permit in the Solar Overlay District shall supplement and be in addition to uses that are otherwise permitted or allowed by special permit in the applicable underlying zoning district.
[Amended 8-8-2023 by L.L. No. 4-2023]
[1]
Editor's Note: The Use Table is included as an attachment to this chapter.
B.
No yard or open space required in connection with any building or use shall be considered as providing a required open space for any other building or use on the same or any other lot.
C.
No lot shall be formed from part of a lot already occupied by a building unless such building and all yards and open spaces connected therewith on the remaining lot comply with all requirements prescribed by this chapter for the district in which said lot is located. No permit shall be issued for the erection of a building on any new lot thus created unless such building and lot comply with all the provisions of this chapter.
D.
Incentive zoning.
(1)
Statement of policy. Pursuant to § 261-b of the New York State Town Law, the Town of New Lebanon hereby establishes a policy of encouraging the preservation of open space and agricultural lands and the provision of facilities and amenities that would benefit the Town by providing incentive(s) to applicants seeking approval of a subdivision plat.
(2)
Purpose. The purpose of the Town's system of incentive zoning is to advance the goals and policies expressed in the Town's Comprehensive Plan. As set forth below, the Town Board has established standards for the proper application of incentive zoning and the specific findings the Planning Board shall make prior to approving an adjustment to the maximum unit density requirements of this chapter.
(3)
Grant of authority. In considering an application for approval of a subdivision, the Planning Board is hereby authorized to adjust the maximum density requirements of the zoning district in which the property is located in exchange for one or more of the specifically identified benefits and in accordance with the standards and conditions set forth below.
(4)
Applicability. The incentives set forth herein shall be applicable to land parcels zoned residential and for which an application for approval of a subdivision pursuant to the Subdivision Law has been filed.[2]
[2]
Editor's Note: See Ch. 179, Subdivision of Land.
(5)
Incentives. Notwithstanding any contrary provision of this chapter that limits or restricts the maximum unit density of a proposed subdivision, for the permanent preservation in its undeveloped state of not less than 50% of the gross land area of a proposed subdivision, including, but not limited to, active agricultural lands and areas having prime soils or statewide important soils, a thirty-percent increase in the maximum unit density for the zoning district may be approved. The calculation of the incentive is based on the maximum density for a proposed subdivision as determined by the Planning Board pursuant to § 205-7B(10).
(6)
Findings. Before approving an adjustment to the maximum unit density requirements of this section in exchange for the identified benefits, the Planning Board shall make the following specific findings:
(a)
That the proposed adjustments would not have a significant adverse impact on the property or to adjoining property or to the neighborhood in which the property is situated.
(b)
That the open space protected pursuant to this section would maximize conservation or agricultural value.
(c)
That proper easements, surety or performance guarantees between the applicant and the Town or an authorized land preservation trust ensuring the permanent preservation of the land to be preserved in its undeveloped state, covering future title, dedication and provisions for the costs of land or improvements, are or will be in existence as of the date the final plat map is signed by the Chairman of the Planning Board.
(d)
That the proposed adjustments would not adversely affect the public health, safety or welfare or those of the residents of the project or neighboring lands.
(e)
That the necessary water and septic requirements can be met with the proposed density adjustments.