Introduction to Reviewing Development Projects: Case Scenarios

1. Introduction to Reviewing Development Projects: Case Scenarios Thursday, June 25, 2009 Sullivan County Division of Planning and Environmental Management

2. General Municipal Law 239 New York State General Municipal Law 239 Sections -l, -m and -n require that municipal boards refer certain land use planning projects to the County Division of Planning. The Planning Division’s role is to review these matters for possible inter-community and county-wide impacts. • Inter-community and county-wide impacts may include: • Outdoor boilers impacting air quality and views • Corridor development impacting traffic • Ridgeline development impacting views, storm water runoff, erosion and flooding potential • And many more! Our goal is to use our resources and experience to help each municipality achieve the best possible development. Our recommendations are advisory in nature– your municipal board may approve or overturn our recommendations by a vote of a majority plus one.

3. Actions Subject to Referral: • Adoption or amendment of a comprehensive plan • Adoption or amendment of a zoning ordinance or local law • Issuance of special use permits • Approval of site plans • Granting of use and area variances • Approval of subdivisions • Moratoria

4. County Jurisdiction: • A Project must be referred to the County Planning Division if the project site lies within 500 feet of • A municipal boundary • The right-of-way of any state or county road • A state or county park or recreation area • State or county land on which a public building or institution is located • A farm operation within a NYS Agricultural District • The right-of-way of any county stream or drainage channel

5. Case #1: Special Use Permit-- Improvements to Camp Infirmary Bunk House Recommendation: Disapproval

6. Case #2: Area Variance-- Zero Foot Setback Proposed Building BUILDING ROUTE Recommendation: Disapproval

7. Case #3: Subdivision-- Two Lot Contours continue to the northwest N/F BLOOM 20 foot contours, slope in excess of 30% JONES N/F SMITH OAK ROAD FIELD MAP NORTH N/F JACKSON Approx. 108 feet Recommendation: Modification

8. Case #4: Use Variance-- Studio Apartment Above Existing Garage Principal Permitted Uses: 1&2 family dwelling units on 15% slope or less Agriculture and animal husbandry Forest management Wildlife management Outdoor recreation Public facilities and utilities Public parks and recreational facilities Special Uses: 1&2 family dwelling unit on greater than 15% slope Multifamily dwelling units (limited to 1 unit per 2 acres average density) Commercial recreation (excluding theme parks) Mobile homes Minor mineral extraction Oil and natural gas drilling Educational institutions House of worship Eating and drinking establishments Outdoor recreation Planned unit developments Hotels and motels Bed and breakfasts Boarding houses Business and professional offices Canoe liveries Campgrounds Children’s camps Clubs Accessory Uses: Private garages Home based businesses Farm stands Swimming pools Private stables Other customary accessory uses and buildings, provided such uses are clearly incidental to the principal use and do not include any activity commonly conducted as a business Proposed Studio Apartment Recommendation: Local Determination

9. Case #5: Local Law-- Zoning Text Amendments Proposed amendment: Accessory buildings. Accessory buildings may not be used as a dwelling. Proposed amendment: Supplementary regulations applying to all districts. The primary purpose of a windmill is to provide electrical power to the residence it serves. Windmill systems that are used to provide electrical power back into the electrical grid may be considered a business and/or a commercial operation. Properties not zoned Commercial may require a variance and a hearing before the Zoning and/or the Planning Board. Recommendation: Modification

10. Case #6: Subdivision-- 150 Lot From the Zoning Code: If the developer plans to construct dwelling units… he or she shall maintain the natural cover to control stormwater runoff, limit flooding, protect groundwater supplies and provide erosion control. Clearing for building purposes shall be limited to twenty percent (20%) for the lot area with reduction to ten percent (10%) for slopes over fifteen percent (15%) in grade. Yield Plan

11. Case #6: Subdivision--150 Lot Intersection of two County roads Homes on steep slopes Federal wetland not depicted Ball courts on steep slopes County road between village and nearby hamlet Subdivision Plat Recommendation: Disapproval

12. Case #6, Revised: Subdivision-- 148 Lot Steep slopes undisturbed Steep slopes undisturbed Wetland undisturbed, storm water detention pond added Revised Subdivision Plat Recommendation: Modification Excessive parking for mailboxes

13. Some Tips for a Smooth Review Process Know what approvals are required: Special Use Permits vs. Use Variances Accessory Uses: Accessory Dwelling units provide affordability, flexibility, and promote infill. Complex Subdivisions: Meet with developer and County Planning prior to formal review. Referrals must comply with your zoning or subdivision law, and include all necessary materials, to be deemed complete by County Planning. Increasing development means increasing stormwater runoff, erosion, and flooding in your municipality and adjacent towns. Require stormwater pollution prevention plans for large projects, and look closely at them. Steep slopes laws further reduce erosion and flooding potential. Help facilitate alternative energy projects and infrastructure by defining alternative energy projects, for individual residences and on a larger, commercial scale.

15. Call Us! The Planning Division is always available to provide technical assistance.