Somers City Zoning Code
ARTICLE XA
Environmentally Sensitive Lands
§ 170-58.1 Purpose.
The way in which presently undeveloped acreage in Somers 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 Somers by restricting new zoning lots to those which can be developed with little or no disturbance of environmentally sensitive lands.
§ 170-58.2 Designation.
For the purpose of these regulations, "environmentally sensitive lands" shall be defined as wetlands, one-hundred-year floodplain and very steep slopes (equal to or greater than 25%). Specific definitions are contained in § 170-3, Definitions.
§ 170-58.3 Calculation of lot area.
§ 170-58.4 Intensity of development.
A.
Single-family lots.
(1)
Each single-family lot created by subdivision after the effective date of this section 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 buffer area as such area is defined in § 170-3, Definitions.
[Amended 6-12-1997 by L.L. No. 7-1997]
District | With On-Lot Sewage Disposal or Well | With Community Sewer and Community Water | |
|---|---|---|---|
R120 | 40,000 | 20,000 | |
R80 | 30,000 | 15,000 | |
R40 | 20,000 | 10,000 | |
R10 | 10,000 | 5,000 |
(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 as reflected in §§ 170-58.3 and 170-58.4A(1).
[Amended 11-8-2007 by L.L. No. 10-2007]
B.
Multifamily districts. The maximum permitted number of dwelling units or density units, as appropriate, permitted in a multifamily development in a Multifamily Residence District (MFR) shall be based on the acreage of the lot(s) exclusive of the proportions of environmentally sensitive lands, as described in § 170-58.3 above, in addition to all other applicable regulations.
C.
Nonresidence districts. The maximum floor area ratio and maximum building coverage permitted in nonresidence districts shall be based on the acreage of the lot(s) exclusive of the proportions of environmentally sensitive lands, as described in § 170-58.3 above, in addition to all other applicable regulations.
D.
Special exception uses. Where a minimum lot area is required for a special exception use, such lot area shall be based on the acreage of the lot(s) exclusive of the proportions of environmentally sensitive lands, as described in § 170-58.3 above, in addition to all other applicable regulations.
E.
Exceptions. The provisions of § 170-58.4 shall not apply to any property for which an application for preliminary subdivision approval, site plan approval, special exception use permit or designed residential development has been submitted to the appropriate Town of Somers agency for review, provided that such application has been submitted prior to January 12, 1989, except where the applicant can be normally determined to have abandoned active advancement of the application. A designed residential development which has been previously approved and which has not been completed and for which such approval has expired as provided in § 170-12E(7)(a) shall not be exempt if a new application for development is filed or approved.
§ 170-58.5 Construction.
Activities upon environmentally sensitive lands and excavation, filling or grading of any environmentally sensitive lands shall be subject to the provisions, procedures and purposes of Chapter 102, Flood Damage Prevention, Chapter 148, Steep Slopes Protection, and Chapter 167, Wetlands and Drainage.