Pound Ridge City Zoning Code
ARTICLE XIV
Environmentally Sensitive Lands
[Added 9-5-2007 by L.L. No. 6-2007]
§ 113-98.1 Purpose.
The way in which presently undeveloped acreage in Pound Ridge is developed is of critical importance to the public interest. It is hereby declared to be the purpose of this article to maintain and protect environmentally sensitive lands in order to ensure the public health, safety and general welfare for both present and future residents of the Town of Pound Ridge by restricting new zoning lots to those which can be developed with little or no disturbance of environmentally sensitive lands.
§ 113-98.2 Designation.
For the purpose of these regulations, "environmentally sensitive lands" shall be defined as wetlands, one-hundred-year floodplain and steep slopes (equal to or greater than 15%). Specific definitions are contained in § 113-2, Definitions.
§ 113-98.3 Calculation of lot area.
A.
When specified in sections of the Code of the Town of Pound Ridge, calculation of lot area shall exclude the following proportions of lands:
(1)
Wetlands: 75%.
(2)
One-hundred-year floodplain: 75%.
(3)
Very steep slopes (equal to or greater than 25%): 75%.
B.
When any one area has more than one of these characteristics, the proportion excluded remains at 75%.
§ 113-98.4 Intensity of development.
A.
Residential lots.
(1)
Each single-family lot created by subdivision after the effective date of this article shall have a minimum buildable area in square feet as specified below. Said minimum buildable area must be contiguous, must have a minimum dimension in all directions of 50 feet and must not contain any environmentally sensitive lands. Not more than 1/3 of the minimum buildable area shall consist of wetland minimum activity setback area as such area is defined in § 63-3 of the Code of the Town of Pound Ridge.
District | Minimum Buildable Area (square feet) |
|---|---|
R1-A | 20,000 |
R2-A | 30,000 |
R3-A | 40,000 |
(2)
Whenever the preparation of a conventional subdivision plan is required so as to establish a unit lot count (e.g., designed residential development, conservation subdivision under provisions of § 281 of the Town Law), such plan shall be prepared in accordance with the above requirements.
B.
The provisions of this chapter shall not apply to any development, alteration or improvement of property for which preliminary plat approval or final site plan approval has been obtained and not expired and for which the approved work has not been completed prior to the effective date of this chapter.
(1)
As used in this section, the term "preliminary plat approval" shall mean:
(a)
In the case of an application for the subdivision of land, adoption by the Planning Board of a resolution granting approval or conditional approval of a preliminary plat.
(2)
As used in this section, the term "final site plan approval" shall mean:
(a)
In the case of an application for a site plan approval, adoption by the Planning Board of a resolution granting approval or conditional approval.
(b)
In the case of the issuance of a building permit, or other authorization for the commencement of the development, alteration or improvement of property, the continued compliance and existence of the requisite permit or authorization.
§ 113-98.5 Construction.
Activities upon environmentally sensitive lands and excavation, filling or grading of any environmentally sensitive lands shall conform to all other applicable laws and regulations of the Town of Pound Ridge.
§ 113-98.6 Exempt activities.
A.
The provisions of this article shall not apply to nonresidential districts.
B.
The provisions of this article shall not apply to special permit uses.
C.
The provisions of this article shall not apply to the creation of any new lots where the requirements for the creation of such new lots in any other section of the Code of the Town of Pound Ridge are more restrictive.
