Town of Philipstown, NY: zoning for new construction

Rural Conservation - The 10% coverage figure is a maximum impervious cap counting buildings, driveways and paving together, and the town publishes no building coverage percentage. A lot with a two-family dwelling must be at least 20 acres.

• A conservation subdivision is regulated by density, 0.2 units per acre or five acres per dwelling unit, and a two-family may instead be approved within that overall density.
• Conservation subdivision lot size follows service: 4,000 sq ft with common or municipal water and sewage disposal, 20,000 sq ft with sewage disposal only, 40,000 sq ft with water only or neither.
• Any nonresidential structure is limited to a 6,000 sq ft footprint; structures completed or permitted before the chapter was adopted and agricultural structures are excluded.
• The impervious cap applies to each lot and to an entire subdivision including new roads and public areas, and in a conservation subdivision to the whole subdivision only.
• The front setback is measured from the centre line of the travelled way, not the property line, and the Planning Board or Zoning Board of Appeals may adjust it to the prevailing neighbourhood setback.
• The road frontage shown is for a town road; a county or state road requires 300 ft, an open development area right-of-way 100 ft, and a cul-de-sac lot 25 ft.

Rural Residential - A lot with a two-family dwelling here must be at least 10 acres. A conservation subdivision is regulated instead by density, at three acres per dwelling unit, with individual lot sizes set by the water and sewage disposal service available.

• The 10% cap is maximum impervious surface, counting buildings, driveways and paving; it applies lot by lot and to a whole subdivision including new roads, or to the whole conservation subdivision.
• A reviewing board may allow more impervious coverage using partially permeable materials, on proof of at least as much infiltration and no more runoff.
• Any nonresidential structure is limited to a 4,000 sq ft footprint, excluding structures completed or permitted before the chapter was adopted and agricultural structures.
• The front setback is measured from the centre line of the travelled way, not the property line, and the Planning Board or Zoning Board of Appeals may adjust it to the prevailing setback nearby.
• The frontage figure shown is for a town road; a county or state road requires 400 ft and an open development area right-of-way 100 ft, while a cul-de-sac lot needs 25 ft.
• Where a lot lies in more than one district, the minimum lot size is that of the district covering the largest portion, and the land in the other districts counts toward it.

Hamlet Mixed-Use - The minimum lot turns on servicing: 4,000 sq ft with common or municipal water and sewage disposal, 20,000 sq ft with sewage disposal only, and the figure shown where neither is in place. Common or municipal water alone does not reduce it.

• Any nonresidential structure is limited to a 10,000 sq ft footprint; structures completed or permitted before the chapter was adopted, and agricultural structures, are excluded.
• The Planning Board may raise that footprint to 60,000 sq ft for a supermarket, cinema or other use deemed important to the hamlet's economic viability under the special permit impact criteria.
• The front setback is measured from the centre line of the travelled way as it existed at the date of the building permit, not from the property line; a lot on a county or state road owes 30 ft.
• The coverage percentage is a maximum impervious surface coverage, counting buildings, driveways and paving together, and applies to each lot and to an entire subdivision including new roads.
• A side yard may be zero for a party-wall or zero-lot-line building, and a maximum setback or build-to line may be established to maintain the street wall.
• A two-family dwelling is permitted by right on any conforming lot here, with County Health Department approval, and needs no additional land.

Hamlet Residential - The minimum lot shown applies where there are no common or municipal services. With both common or municipal water and sewage disposal a one-family lot may be 4,000 sq ft, and 20,000 sq ft with sewage disposal only (§ 175-11D).

• Common or municipal water alone buys no reduction: with water but no sewage disposal the minimum lot stays 40,000 sq ft.
• Lots using common services must meet applicable public health requirements, and the facilities must be managed by an entity the Planning Board deems adequate to protect public health long term.
• A two-family dwelling is permitted by right on any conforming lot here, with County Health Department approval, and needs no additional land.
• Front setbacks are measured from the centre line of the travelled way as it existed at the building permit date; the figure shown is for town roads, and a county or state road requires 40 ft.
• The coverage cap is for impervious surface, counting buildings, driveways and paving together, and applies to each lot and to an entire subdivision including new roads and public areas.
• Any nonresidential structure is limited to a 5,000 sq ft footprint; structures completed or permitted before the chapter was adopted and agricultural structures are excluded.

Suburban Residential - The front setback is measured from the centre line of the travelled way, not the property line, so it uses less of the lot than it looks; a lot on a county or state road owes 75 ft. The Planning Board or ZBA may adjust it to the neighbourhood's prevailing setback.

• The published coverage percentage is a maximum impervious surface coverage, counting buildings, driveways and paving together. The town publishes no separate building coverage percentage.
• A lot containing a two-family dwelling must be at least twice the district minimum, 80,000 sq ft, unless the two-family is approved as part of a conservation subdivision within its overall density.
• A conservation subdivision here is regulated by density rather than lot size, at 40,000 sq ft per dwelling unit, with individual lot sizes following the servicing ladder in § 175-11D.
• Any nonresidential structure is limited to a footprint of 5,000 sq ft. Structures completed or permitted before the chapter was adopted, and agricultural structures, are excluded.
• The impervious cap applies to each lot and to an entire subdivision including new roads and public areas, and in a conservation subdivision to the whole subdivision only.
• Where a lot lies in more than one district, the minimum lot size is that of the district covering the largest portion, and land in the other districts counts toward it.

Highway Commercial - A new nonresidential building, other than an agricultural structure, is capped at a 40,000 sq ft footprint, and the cap cannot be sidestepped by putting several buildings on one site. The front setback is measured from the centre line of the travelled way, not the property line.

• The 25 ft front setback applies on a town road; a lot on a county or state road owes 35 ft.
• Either front setback may be adjusted by the Planning Board or Zoning Board of Appeals to the prevailing setback in the immediate neighbourhood.
• The 200 ft road frontage figure is for a town road; a county or state road requires 300 ft.
• The 60% coverage cap is a maximum impervious surface, counting buildings, driveways and paving together, and no building coverage percentage is published.
• The impervious cap applies to each lot and to an entire subdivision including new roads and public areas; in a conservation subdivision it applies to the whole subdivision only.
• A wooded buffer is required where the lot abuts a residential district (§ 175-65D(2)).

Office/Commercial/Industry Mixed-Use - The 50 ft front setback is measured from the centre line of the travelled way, not from the property line, and that figure is the town road case. A lot on a county or state road owes 100 ft.

• The published coverage percentage is a maximum impervious surface coverage, counting buildings, driveways and paving together; the town states no building coverage percentage at all.
• Any nonresidential structure is limited to a footprint of 200,000 sq ft, and the chapter says that limit may not be evaded by placing several large buildings on one site.
• The impervious coverage cap applies to each lot and to an entire subdivision including new roads and public areas; in a conservation subdivision it applies to the whole subdivision only.
• A wooded buffer is required where the lot abuts a residential district.
• Either front setback may be adjusted by the Planning Board or Zoning Board of Appeals to the prevailing setback in the immediate neighbourhood.
• Where a lot lies in more than one district, the minimum lot size is that of the district covering the largest portion, and land in the other districts counts toward it.

Industrial/Manufacturing - The front setback is measured from the centre line of the travelled way as it existed at the date of the building permit, not from the property line, so it takes less of the lot than the figure suggests.

• The 30% cap is a maximum impervious surface coverage, counting buildings, driveways and paving together, and no building coverage percentage is published.
• The impervious coverage cap applies to each lot and also to an entire subdivision including new roads and public areas, and in a conservation subdivision to the whole subdivision only.
• An applicant may ask the reviewing board for permission to exceed the impervious cap using partially permeable materials, on proof of at least as much infiltration and no more runoff.
• The front setback may be adjusted by the Planning Board or Zoning Board of Appeals to the prevailing setback in the immediate neighbourhood.
• A wooded buffer is required where the lot abuts a residential district.
• Where a lot lies in more than one district, the minimum lot size is that of the district covering the largest portion, and the land in the other districts counts toward it.

Institutional Conservation - The 50 ft front setback is measured from the centre line of the travelled way as it existed at the date of the building permit, not from the property line; a lot on a county or state road owes 100 ft.

• Either front setback may be adjusted by the Planning Board or Zoning Board of Appeals to the prevailing setback in the immediate neighbourhood.
• In a conservation subdivision, density governs rather than lot size, at a maximum of 0.05 units per acre, and setbacks follow § 175-20E.
• Conservation subdivision lot sizes follow § 175-11D: 4,000 sq ft with common or municipal water and sewage disposal, 20,000 sq ft with sewage disposal only, 40,000 sq ft with water only or neither.
• The 10% coverage cap is a maximum impervious surface limit counting buildings, driveways and paving, applying to each lot and to an entire subdivision including new roads and public areas.
• In a conservation subdivision the impervious cap applies to the whole subdivision rather than lot by lot.
• A wooded buffer is required where the lot abuts a residential district.