Introduction to Reviewing Development Projects:

Case Scenarios

Thursday, June 25, 2009Sullivan County Division of Planning and Environmental

Management

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.

Our recommendations are advisory in nature– your municipal board may approve or overturn our recommendations by a vote of a majority plus one.

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.

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

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

Infirmary

Bunk House

Case #1: Special Use Permit-- Improvements to Camp

Recommendation: Disapproval

BUILDING

ROUTE

Proposed Building

Case #2: Area Variance-- Zero Foot Setback

Recommendation: Disapproval

JONES

OAK ROADN/F

SMITH

N/FJACKSON

N/F

BLO

OM

20 foot contours, slope in excess of 30%

Approx. 108 feet

Contours continue to the northwest

FIELD

MAP N

ORTH

Case #3: Subdivision-- Two Lot

Recommendation: Modification

Proposed Studio Apartment

Case #4: Use Variance-- Studio Apartment Above Existing Garage

Recommendation: Local Determination

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.

Proposed amendment: Accessory buildings.Accessory buildings may not be used as a dwelling.

Case #5: Local Law-- Zoning Text Amendments

Recommendation: Modification

Yield Plan

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.

Intersection of two County roads

Subdivision Plat

Federal wetland not depictedBall courts on

steep slopes

Homes on steep slopes

County road between village and nearby hamlet

Case #6: Subdivision--150 Lot

Recommendation: Disapproval

Revised Subdivision Plat

Wetland undisturbed, storm water detention pond added

Steep slopesundisturbed

Steep slopes undisturbed

Excessive parking for mailboxes

Case #6, Revised: Subdivision-- 148 Lot

Recommendation: Modification

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.

Steep slopes laws further reduce erosion and flooding potential.

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.

Help facilitate alternative energy projects and infrastructure by defining alternative energy projects, for individual residences and on a larger, commercial scale.

Call Us!

The Planning Division is always available to provide technical assistance.