Town of Walton, NY: zoning for new construction

Rural II - Where the Development Limitations Overlay applies, density, not the two-acre minimum, binds: 0.36 down to 0.22 lots per acre of the original parcel, which is 2.8 to 4.5 acres a lot. The front setback also runs from the road centre line, not the lot line.

• The code reads 75 ft from the road centre line, or 50 ft from the edge of the right-of-way where that right-of-way is more than 50 ft wide. A narrower right-of-way binds harder.
• Check the Development Limitations Overlay Map in the Town Clerk's office before sizing a subdivision off the two-acre minimum.
• Frontage must be 200 ft of continuous road frontage. The published cul-de-sac alternative reads 75 inches, which cannot work as a frontage minimum, so confirm the intended figure with the town.
• Under § 200-16 the district covers land within 1,000 feet of the centre line of a state or county road and 500 feet of a town road centre line, with direct frontage and direct access to that road.
• A maximum lot depth-to-width ratio of 8:1 applies.
• Under § 200-16H(8), land zoned R-5 may be folded into a lot subdivided in R-2 if the resulting lot is at least two acres and stays within the 8:1 ratio as a whole.

Rural V - Where the DL (Development Limitations Overlay) applies, subdivision density is capped at 0.15 to 0.09 lots per acre of the original parcel, 6.7 to 11.1 acres a lot, tighter than the 5 acre minimum shown.

• The front setback is measured from the road centre line: 75 ft from the centre line, or 50 ft from the edge of the right-of-way where that right-of-way is more than 50 ft wide.
• On a narrower right-of-way the centre line rule binds harder. A 33 ft right-of-way pushes the building about 58.5 ft back from the front lot line.
• Frontage must be 300 ft of continuous road frontage, or 100 ft on a cul-de-sac.
• Overlay density in R-5 is graduated by how much of the original parcel carries a limitation: 0.15 lots per acre under 25% encumbered, 0.14 from 25% to 50%, 0.10 from 50.1% to 75%, 0.09 over 75%.
• The Development Limitations Overlay Map is held at the Town Clerk's office, so check it before sizing any R-5 subdivision off the five acres.
• The 20% figure is a building coverage maximum. Under § 200-17A this district covers all lands not described as Rural II or Industrial.

Industrial - The front setback is measured 75 ft from the road centre line under § 200-18H(5), with no right-of-way alternative, so the 50 ft shown holds only on a fifty-foot right-of-way. On a sixty-foot right-of-way it is 45 ft from the lot line.

• Measure the right-of-way width before siting: on a right-of-way narrower than fifty feet, the distance required from the front lot line rises.
• § 200-18H sets no minimum lot area and no minimum frontage in this district.
• No lot depth-to-width ratio applies here.
• Under § 200-18A the district covers one site, the land south of the Village of Walton on South River Road owned by the Delaware County Industrial Development Agency.

Development Limitations Overlay - Lot yield here is set by a density table, in lots per acre of the original parcel, graduated by how much of the parcel carries a limitation, and it binds tighter than the underlying district's minimum lot size. Sizing a subdivision off that minimum will overstate yield.

• Lots per acre of the original parcel: under 25% encumbered, 0.36 in R-2 and 0.15 in R-5; 25% to 50%, 0.36 and 0.14; 50.1% to 75%, 0.26 and 0.10; over 75%, 0.22 and 0.09.
• Minimum frontage is 50 feet more than the underlying district, or 10 ft more on a cul-de-sac: 250 ft of frontage on R-2 land and 350 ft on R-5 land.
• Under § 200-19H, minimum lot size, front, side and rear setbacks, maximum lot coverage and the depth-to-width ratio are the same as the underlying district.
• The overlay applies to flood hazard areas, freshwater wetlands protected by the New York State Freshwater Wetlands Act, and slope areas of 25% or more.
• New construction in a flood hazard area is allowed by special permit only, and the applicant carries the burden of proving compliance with the federal flood insurance guidelines and Chapter 127.
• No zoning permit issues for construction within 100 feet of a New York State wetland until every applicable Department of Environmental Conservation approval is in hand.