§ 85-724. Guidelines.

A. 

The guidelines established herein are advisory in nature and shall be applied to development proposals within the Compatible Growth Area at the discretion of the Town body or agency having approval jurisdiction over the application for proposed development unless:

(1) 

The proposed project is subject to the jurisdiction based on its location within a Critical Resource Area;

(2) 

The proposed project constitutes a development of regional significance; or

(3) 

The Commission otherwise assumes jurisdiction under the Act (see Volume I, Chapter 4, of the Plan).

B. 

Guidelines for development in the Compatible Growth Area. Where guidelines contained in §§ 85-718 through 85-726 differ from state, county, or local law, the Town may apply the stricter guideline. The following guidelines shall be applicable as deemed appropriate to development proposals in the Compatible Growth Area:

(1) 

Nitrate-nitrogen. A more protective goal of 2.5 ppm may be achieved on new projects through an average residential density of one unit per two acres (or its commercial or industrial equivalent), through clustering, or through other mechanisms to protect surface water quality for projects in the vicinity of ponds and wetlands.

(2) 

Wellhead protection. The Suffolk County Department of Health Services' guidelines for private wells can be used for wellhead protection.

(3) 

Wetlands and surface waters/additional nondisturbance buffers. Stricter nondisturbance buffer areas may be established for wetlands as deemed appropriate.

(4) 

Stormwater runoff.

(a) 

Natural recharge and basins. Natural recharge areas and/or drainage system designs that cause minimal disturbance of natural vegetation can be employed, where practical, in lieu of recharge basins or ponds that would require removal of significant areas of native vegetation.

(b) 

Ponds. Ponds should only be created if they are to accommodate stormwater runoff, not solely for aesthetic purposes.

(c) 

Natural topography in lieu of recharge basins. The use of natural swales and depressions can be permitted and encouraged instead of excavated recharge basins.

(d) 

Soil erosion and stormwater runoff control during construction. During construction, the standards and guidelines promulgated by the New York State Department of Environmental Conservation pursuant to state law, which are designed to prevent soil erosion and control stormwater runoff, may be adhered to.

(5) 

Steep slopes.

(a) 

Clearing envelopes. Clearing envelopes can be placed upon lots within a subdivision so as to maximize the placement of those envelopes on slopes less than 10%.

(b) 

Stabilization and erosion control. Construction of homes, roadways and private driveways on slopes greater than 10% may be approved if technical review shows that sufficient care has been taken in the design of stabilization measures, erosion control practices and structures so as to mitigate negative environmental impacts.

(c) 

Slope analysis. In areas with steep slopes, in the ranges of 11% to 15% and 15% and greater, slope analysis maps may be required. This can be satisfied with cross hatching or shading on the site plan/subdivision map for the appropriate areas.

(d) 

Erosion and sediment control plans. Erosion and sediment control plans may be required in areas of 15% or greater slopes.

(e) 

Placement of roadways. Roads and driveways shall be designed to minimize the traversing of slopes greater than 10% and to minimize cuts and fills.

(f) 

Retaining walls and control structures. Details of retaining walls and erosion-control structures should be provided for roads and driveways which traverse slopes greater than 10%.

(6) 

Natural vegetation and plant habitat.

(a) 

Clustering. The maximization of the use of the clustering technique is encouraged where its usage would enhance adjacent open space or provide contiguous open space connections with adjacent open space parcels.

(b) 

Protection of dedicated open space. Proposed open space can be protected with covenants, conservation easements or dedications that specify proper restrictions on its use and contingencies for its future management.

(7) 

Agriculture best management practices. Any existing, expanded, or new activity involving agriculture or horticulture in the Compatible Growth Area should comply with best management practices and relevant requirements, including local law.

(8) 

Cultural resource consideration.

(a) 

Development proposals should account for, review, and provide protection measures for:

[1] 

Established recreational and educational trails and trail corridors, including but not limited to those trail corridors as inventoried in the Plan.

[2] 

Active recreation sites, including existing sites and those proposed as part of a development.

[3] 

Scenic corridors, roads, vistas and viewpoints located in Critical Resource Areas, and along the Long Island Expressway, Sunrise Highway, County Road 111 and William Floyd Parkway.

[4] 

Sites of historical or cultural significance, including historic districts, sites on the State or National Register of Historic Places, or recognized by local law or statute.

[5] 

Sensitive archaeological areas as identified by the New York State Historic Preservation Office or the New York State Museum.

(b) 

Inclusion of cultural resources in applications. Development proposals should note established recreation and educational trails and trail corridors; active recreation sites; scenic corridors, roads, vistas and viewpoints located in Critical Resource Areas and undisturbed portions of the roadsides of the Long Island Expressway, Sunrise Highway, County Route 111 and William Floyd Parkway; sites on the State or National Register of Historic Places, and historic structures and landmarks recognized by municipal law or statute, or listed on the State or National Register of Historic Places; and sensitive archaeological areas as identified by the New York State Historic Preservation Office or the New York State Museum within a five-hundred-foot radius of the outside perimeter of the project site, including any project parcels which are physically separate from the bulk of the proposed development areas. A development proposal may be disapproved or altered if the local municipality determines that the development proposal, in its current form, may have a significant negative impact on any of the above resources.

(c) 

Protection of scenic and recreational resources. Protection measures for scenic and recreational resources should include, but not be limited to, retention of visually shielding natural buffers, replacement of degraded or removed natural visual buffers using native species, use of signs which are in keeping in both style and scale with the community character, and similar measures.

(d) 

Roadside design and management. Undisturbed portions of the roadside should be maintained in a manner that protects the scenic features of these areas. Clearing (including that for aisles, driveways, access, and parking) is not precluded within these roadside areas, provided that appropriate buffers are maintained, and that man-made structures meet standards consistent with the character of the area.