Town of Lumberland

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Town of Lumberland

Zoning Law

3.0 DISTRICT REGULATIONS

3.1 Establishment of Districts

For the purpose of promoting the public health, safety, morals and general welfare of the Town of Lumberland, the Town is hereby divided into the following types of districts;

(1) Hamlet District (HD)

(2) Rural Residential Districts (RR)

(3) Lake District (LD)

(4) Residential Forest District (RF)

(5) River District (RD)

(6) PUD District (PUD)

3.2 District Boundaries

3.2.1 Zoning Map

The boundaries of each of the Districts listed in Section 3.1 are hereby established as shown upon the duly adopted Zoning Map which accompanies this Law, and which with all notations, references, and other matters shown thereon, is hereby declared as part of this Law and shall be kept on file in the office of the Town Clerk.

3.2.2 Interpretation

(1) Generally. The District boundary lines, unless shown otherwise, are intended generally to follow street centerlines, railroad right-of-way boundary lines, or their centerlines, other similar right-of-way lines, or lot lines or boundaries of subdivisions, or Town boundary lines does not follow such a line, but is shown parallel to such a line on the Zoning Map, the distance between the parallel lines shall be as dimensioned on the Zoning Map. Such dimensions shall be construed to read from the centerline of all rights-of-way rather than from their outside edges.

(2) Inaccurate street layouts. Where the street layout actually on the ground varies from the street layout us shown on the Zoning Map for the particular area in question.

(3) Scaling. When the location of a District boundary line cannot be otherwise determined, the determination thereof shall be made by scaling the distance on the Zoning Map from a line of known location to such District boundary line.

(4) Interpretation by Board of Appeals. In the case of uncertainty as to the true location of a District boundary line in a particular instance, an appeal may be taken to the Board of Appeals, as provided in this Law.

(5) Division of lot. When a District boundary line divides a lot in a single ownership at the effective date of the Law or any subsequent amendment thereto, the Board of Appeals may permit extension into one District of a lawful conforming use existing in the other District as hereinafter provided.

(6) Underwater lands. All lands within the Town that are underwater shall be considered to be zoned in accordance with those district regulations applied to the upland adjacent to them and as if any district boundary line shown on the zoning map as intersecting the water's edge was projected across such body to its interception of the Town boundary line, or other district boundaries.

3.3 Special Use Procedures.

The Town of Lumberland Planning Board is authorized, in accordance with Sections 264-a and 274-b of the New York State Town Law, to review and approve, with modifications or disapprove Special Uses and site plans connected therewith. Site plan review shall be required for all Special Use permits and such other uses as the Town Board may from time to time designate by local law. The following procedures shall apply:

3.3.1 Preliminary Site Plan. An applicant for a Special Use permit may submit a preliminary site plan for review and advice by the Planning Board. Such a preliminary site plan should provide locations and dimensions of the proposed use in relation to the property boundaries and adjacent use. It should also indicate all accesses and improvements both existing and proposed and any site features which could have a bearing on the project including the general topography and existing ground cover. The preliminary plan shall be used by the Planning Board as a basis for advising the applicant regarding information is shall require on the site plan before it conducts a public hearing or takes any action with respect to the plan. The Planning Board shall give no approval or disapproval regarding any preliminary site plan but may use it to schedule a public hearing, determine if any provisions of this article should be waived or begin its review of the application under the New York State Environmental Quality Review Act ('SEQRA').

3.3.2 Application and Site Plan Required. The Planning Board shall be under no obligation to schedule a public hearing or take any action with respect to a Special Use permit application until formal application has been made on forms provided by the Board and a detailed site plan providing the following information has been submitted:

(1) The location of all existing watercourses, wooded areas, rights-of-way, roads, structures or any other significant man-made or natural feature, if such feature has an effect upon the use of said property.

(2) the location, use and floor or ground area of each proposed building, structure or any other land use, including sewage disposal and water supply systems.

(3) The location of all significant landscaping and ground cover features, both existing and proposed, including detailed planting and visual depiction or rendering of a final appearance of the property after all the landscaping and other physical improvements are completed.

(4) The location, dimension and capacity of any proposed roads, off-street parking areas or loading berths, including typical cross-sections for all paving or regarding involved.

(5) The location and treatment of proposed entrances and exits to public right-of-way, including traffic signals, channelizations, acceleration and deceleration lanes, widening or any other measure having an impact on traffic safety conditions.

(6) The location and identification of proposed open spaces, parks or other recreation areas.

(7) The location and design of buffer areas and screening devices to be maintained.

(8) The location of trails, walkways and all other areas proposed to be devoted to pedestrian use.

(9) The location of public and private utilities, including maintenance facilities.

(10) the specific locations of all signs existing and proposed, including a visual depiction of the latter.

(11) Preliminary architectural plans for the proposed buildings or structures, indicating typical floor plans, elevations, height and general design or architectural styling.

(12) A completed SEQR Long-Form Environmental Assessment.

(13) Any other information required by the Planning Board which is clearly necessary to ascertain compliance with the provisions of this Law and limited to such information.

3.3.3 Waivers. The Town of Lumberland Planning Board shall, pursuant to Section 274-a(5) of the Town Law, have the right to waive, when reasonable, any of the requirements of this article for the approval, approval with modifications or disapproval of Special Use permits and site plans submitted for approval. This waiver authority may be exercised in the event any such requirements are found not to be requisite in the interest of public health, safety, or general welfare or are inappropriate to a particular site plan. Any such waiver shall be subject to the following conditions:

(1) No waiver shall result in allowing a use not permitted within the applicable Zoning District.

(2) No waiver shall be given with respect to standards outside the scope of this article which would otherwise require a variance from the Zoning Board of Appeals.

(3) Waivers shall be limited to those situations where the full application of the requirements contained herein would generate unnecessary data and create unnecessary costs with regard to deciding the matter at hand, due to the scope or nature of the project involved. The proposed enclosure of a deck or a simple change of use with no significant structural modifications in the case of commercial property, for example, might not require typical cross-sections for proposed regarding or water supply data.

(4) An applicant for site plan approval who desires to seek a waiver of certain of the above-referenced requirements pertaining to such applications shall submit a preliminary site plan as provided above. The Planning Board shall review the preliminary site plan, advise the applicant as to the potential problems and concerns and determine if any additional site plan information is required. The Planning Board shall consider such site plan as adequate when, it is judgment, the information submitted is sufficient to make a determination of compliance with the development standards contained herein and the intent of site plan review criteria found below.

(5) Nothing herein shall authorize the Planning Board to waive State Environmental Quality Review requirements.

3.3.4 Hearing and decision. The Planning Board shall fix a time, within sixty-two (62) days from the day an application for Special Use permit or site plan approval is made, for the hearing of any matter referred to under this section. Is shall give public notice to such hearing at least five (5) days prior to it in a newspaper of general circulation in the Town, and decide upon the application within sixty-two (62) days after such hearing. It shall not, however, grant approval before a decision has been made with respect to environmental impacts pursuant to SEQR. The decision of the Planning Board shall be filed in the office of the Town Clerk and a copy thereof mailed to the applicant within five (5) business days after such decision is rendered.

3.3.5 Conditions. The Planning Board shall have the authority to impose such reasonable conditions and restrictions as are directly related to and incidental to the proposed Special Use permit or site plan. Upon approval of said permit and/or plan, any such conditions shall be met prior to the actual issuance of permits by the Town. These conditions may include requirements of the applicant to provide parkland or to provide fees in lieu thereof pursuant to section 274-a(6) of the New York State Town Law.

3.3.6 Referrals. The Planning Board is authorized to refer Special Use permit applications and site plan to other agencies, groups or professionals employed or used by the Town for review and comment and to charge the applicant fees for any reasonable expenses connected therewith. The Board, shall, in particular, ensure that the requirements of Section 239-m of the General Municipal Law regarding review by the Sullivan County Planning Department are met. It shall also comply with all requirements of the New York State Environmental Quality Review Act.

3.3.7 Appeals. Any person aggrieved by any decision of the Planning Board or any officer, department, board or bureau of the town may apply to the Supreme Court for review by a proceeding under Article 78 of the Civil Practice Law and Rules.

3.3.8 Effect of site plan approval. The site plan as approved by the Planning Board shall be binding upon the applicant. Any changes from the approval plan shall require re-submission and reapproval by the Planning Board. The site plan shall remain effective, as an authorization to establish the use, for a maximum of two (2) years from the date of approval unless the Planning Board shall have granted an extension in writing. Absent such an extension the Special Use shall be deemed to have expired. A Special Use which has been discontinued for a period of two (2) or more years shall also be deemed to have lapsed.

3.3.9 Renewal of permits. The Planning Board may require, at the time it is initially granted, that any Special Use approval be renewed periodically. Such renewal shall be granted following public notice and hearing and may be withheld only upon a determination that the conditions attached to any pervious approval have not been met. A period of sixty-tow (62) days shall be granted the applicant in such cases to make remedies and bring the use into full compliance with the terms of the Special Use approval. Should the applicant fail to make such remedies, the Special Use approval shall be revoked and the use immediately discontinued.

3.3.10 The Planning Board, in reviewing the site plan, shall consider its conformity to the Town of Lumberland Comprehensive Plan and the various other plans, laws and laws of the Town. Conservation features, aesthetics, landscaping and impact on surrounding developments as well as on the entire town shall be part of the Planning Board review. Traffic flow, circulation and parking shall be reviewed to ensure the safety of the public and the users of the facility and to ensure that there is no unreasonable interference with traffic on surrounding streets. The Planning Board shall further consider the following.

(1) Building design, lighting, location and signs insofar as suitability for the use intended and impact on and compatibility with the natural and man-made surroundings.

(2) Storm drainage, flooding and erosion and sedimentation control.

(3) Adequacy of community services and utilities including police protection, emergent services and the educational system.

(4) Environmental impacts in any form.

(5) Impacts on housing availability.

(6) The potential for nuisances impacts such as noise, odors, vibrations or glare.

(7) The adequacy of the trees, shrubs and other landscaping to buffer or soften a use in terms of visual or other impacts on adjoining property owners, Town residents and those visitors on whom the local economy often depends.

(8) Impacts of nearby property values.

(9) Any other factors which reasonably relate to the health, safety and general welfare of the present or future residents of the Town of Lumberland.

3.3.11 The Planning Board, in acting upon the site plan, shall also be approving, approving with modifications, or disapproving the Special use permit application connected therewith taking into consideration not only the criteria contained above but also the following:

(1) Whether the proposed use will result in an overconcentration of such use in a particular area of the Town or is needed to address a deficient of such uses. The Board shall, in this regard, consider the suitability of the site proposed for a particular use as compared to the suitability of other sites in the immediate area.

(2) Whether the proposed use will have a detrimental or positive impact on adjacent properties or the health, safety and welfare of the residents of the Town of Lumberland.

(3) If the proposed use is one judged to present detrimental impacts, whether an approval could be conditioned in such a manner as to eliminate or substantially reduce those impacts.

(4) Whether the use will have a positive or negative effect on the environment, job creation, the economy, housing availability or open space preservation.

(5) Whether the granting of the approval will cause an economic burden on community facilities or services, including but not limited to highways, sewage treatment facilities, water supplies and fire-fighting capabilities. The applicant shall be responsible for providing such improvements or additional services as may be so conditioned. The Town shall be authorized to demand fees in support of such services where they cannot be directly provided by the applicant. This shall specifically apply, but not limited to, additional fees to support fire-district expenses.

(6) Whether the site plan indicates the property will be developed and improved in a way which is consistent with that character which this law and the Town's Comprehensive Plan are intended to produce or protect, including appropriate landscaping and attention to aesthetics and natural feature preservation.

This project was assisted by a grant from the Upper Delaware Council, Narrowsburg, NY 12767