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Planning board backs zoning/subdivision edits to align with state law, set stormwater deadlines and distinct farmhouse‑cluster rules
Summary
A broad set of zoning and subdivision changes — including aligning local language with SB 166 (stormwater control measures), adding a six‑month deadline to convert temporary stormwater facilities to permanent, separating farmhouse clusters from minor subdivisions, and restricting when community meetings can be scheduled — won unanimous Planning
The Planning Board unanimously recommended approval of TA25‑08, a combined zoning and subdivision text amendment that incorporates state changes to stormwater regulation, sets timelines for converting temporary stormwater control measures (SCMs) to permanent facilities, distinguishes farmhouse clusters from minor subdivisions, and clarifies several procedural and design standards.
Why it matters: The amendment implements state law changes (SB166) and the state‑adopted terminology for stormwater control measures, adjusts occupancy and site‑improvement rules required before certificates of occupancy, and seeks to protect water quality by requiring timely conversion of temporary stormwater facilities to their permanent form.
State law alignment and occupancy: Staff explained that SB166 codified the term “stormwater control measure” (SCM) and limited local authority to withhold a building permit or certificate of occupancy except on public‑safety grounds. As a result, the amendment removes certain non‑safety occupancy prerequisites (for example, some administrative certifications) and replaces them with enforceable mechanisms such as an owner affidavit and a code‑enforcement follow‑up when landscaping or other non‑safety items are incomplete.
SCM conversion and deadlines: Staff said about 82 sites were under construction and a significant share already needed conversion to permanent SCMs; staff proposed a six‑month sunset from the date an SCM is deemed ready for conversion to complete the conversion and submit as‑built drawings. The change is intended to ensure stormwater systems perform their water‑quality function rather than remain as temporary construction ponds for years.
Other changes: The amendment clarifies berm review (removing an extra Planning Board step when berms meet ordinance standards), prevents scheduling community meetings on the same nights as advertised Planning Board or Town Board meetings to avoid conflicts for board members, limits SCM area inside “urban open space” to 25% unless a rezoning is approved, and makes farmhouse clusters a distinct plan type separate from minor subdivisions because they have different requirements and lot/frontage rules. Staff also proposed showing limits of disturbance on existing‑features plan sheets to protect sensitive areas.
Board questions and discussion: Board members asked how the six‑month conversion period was selected; staff said the recommendation was developed in consultation with county stormwater services. Members expressed interest in stronger code enforcement capacity to ensure compliance and noted that bonding remains a tool to compel completion of improvements.
Vote and next steps: The Planning Board recommended approval unanimously; staff said the amendment would go to Town Board for final action on Aug. 19.
