§ 6.00.01. Purpose.

(a)

Provide standards. The purpose of this article is to provide development design and improvement standards applicable to all development activity within the town.

(b)

Design regulation and goals. The goals and objectives of the design review evaluation process for new construction or improvements are as follows:

(1)

Preserve the natural beauty of the town and protect the character of the town from the effects of inharmonious and out of scale developments.

(2)

Encourage originality, flexibility and innovation in site planning and development.

(3)

Discourage monotonous, drab, unsightly, dreary and inharmonious developments.

(4)

Conserve the town's natural beauty and visual character and charm by ensuring that structures and other improvements are properly related to their sites, and to surrounding sites and structures, with due regard to the aesthetic qualities of the natural terrain and landscaping and that proper attention is given to exterior appearances or buildings, structures and other improvements.

(5)

Protect and enhance the town's aesthetic and natural appeal.

(6)

Maintain and improve property values.

(7)

Achieve the beneficial influence of pleasant environments for living and working.

(8)

Foster citizen participation in local government and in community growth, change and improvements.

(9)

Sustain the comfort, health, tranquility and contentment of residents by reason of the town's favorable environment.

(c)

Design regulation objectives. In order to provide guidance to builders, property owners and residents, the following objectives shall be used in the review of buildings, structures and other improvements in the design review process:

(1)

Site design. Good site design is essential to good building design. Site improvements should be compatible with, and sensitive to, the natural features of the site and of the surrounding area. Design solutions should relate to and take advantage of site topography, trees, vegetation and slope. Designs should recognize the limitations of the land and work with these limitations rather than ignoring them or trying to override them.

(2)

Neighborhood design. Site improvements should be compatible with structures existing on neighboring parcels and should be sensitive to their designs and neighboring property rights. Designs which conflict with the use and enjoyment of any property should be avoided. Buildings should be designed in scale with the neighborhood and should complement the character of the neighborhood rather than conflict with it.

(3)

Scale. Buildings should relate to a human scale in their forms, elements and in the detailing of doors, windows and walkways. Oversized elements make structures appear dominating, massive and monumental. This out-of-scale character represents a poor fit to the human form, violates the charm and character of the town and should therefore be avoided.

(4)

Mass and bulk. Buildings should not present excess visual mass or bulk to public view or to adjoining properties. Large box-like buildings and buildings with large, blank or continuous, unrelieved surfaces can appear massive. When viewed from the public right-of-way, excessive mass detracts from the character of the town's individual neighborhoods. When viewed from adjoining properties, excess mass can effectively act as a wall that dominates neighboring structures and interferes with the enjoyment of open space and the free passage of light and air. The use of natural materials, the breaking up of building planes and the creative use of landscaping can all be used to avoid excess mass.

(5)

Boxed-in neighbors. Designs should protect and preserve the light, air and open space of surrounding properties, when considered cumulatively with other buildings in the neighborhood. Designs incorporating tall or bulky building elements located near the property line of an adjoining site that is already partially boxed-in by previous development should be avoided.

(6)

Architectural style. The town contains an eclectic mix of architectural styles including virtually all of the traditional architectural styles, in whole or in part. Compatibility with neighborhood character demands the use of architectural styles and elements that are commonly found in the town and within the state. Unique architectural styles that are uncommon in residential environments should be avoided.

(7)

Privacy. Design should respect the privacy of neighbors. The placement of windows, doors, balconies and decks should be sensitive to similar improvements on neighboring properties.

(8)

Private views. Designs should respect views enjoyed by neighboring parcels. It is the intent of this objective to balance the private rights to views from all parcels that will be affected by a proposed building or addition. No single parcel should enjoy a greater right than other parcels except the natural advantages of each site's topography. Buildings which substantially eliminate an existing view enjoyed on another parcel should be avoided.

(9)

Solar access. Designs should preserve the rights to reasonable solar access on neighboring parcels. Excessively tall buildings, particularly those near a north property line, which would block the free passage of the sun onto neighboring solar collectors or south-facing windows should be avoided.

(10)

Equity. Design controls should be fair and not grant privileges to some sites while withholding them from other sites, the design study process should be fair and decisions should be reached in an unbiased manner.

(11)

Structure. Anything constructed, erected or placed, the use of which requires more or less permanent location on or in the ground or attached to something having a permanent location on or in the ground. Among other things, the term "structure" includes buildings, swimming pools, antennas, tanks, pumps, air condition units, walls, fences and signs; but does not include paving and sidewalks.

(d)

Additional guidelines. These additional guidelines are provided to assist developers and town officials in the preparation and review of development submissions.

(1)

Upland sites should be chosen for the location of residential, commercial and industrial buildings.

(2)

Normally, isolated wetlands tend to fill and then overflow during floods. Flowage areas should be protected from incompatible development. The construction of roads across such areas should be limited, for example, and any roads that are built should be constructed on pilings or with adequate culverts to allow the passage of floodwaters.

(3)

Runoff shall not be discharged directly into open waters. Instead, vegetated buffers, swales, vegetated watercourses, wetlands, underground drains, catchbasins, ponds, porous pavements and similar systems for the detention, retention, treatment and percolation of runoff should be used as appropriate to increase time of concentration, decrease velocity, increase infiltration allow suspended solids to settle and remove pollutants.

(4)

Natural watercourses should not be filled, dredged, cleared, deepened, widened, straightened, stabilized or otherwise altered.

(5)

Intermittent watercourses, such as swales, should be vegetated.

(6)

Vegetated buffer strips should be created or, where feasible, retained in their natural state along the banks of all watercourses, water bodies or wetlands. The width of the buffer should be sufficient to prevent erosion, trap the sediment in overland runoff, provide access to the water body and allow for periodic flooding without damage to buildings, roads or other structures.

(7)

The first one-inch of runoff shall be retained on site.

(8)

Runoff from parking lots shall be treated to remove oil and sediment before it enters receiving waters.

(9)

Detention and retention areas should be designed so shorelines are sinuous rather than straight and so the length of the shoreline is maximized, thus offering more space for the growth of littoral vegetation.

(10)

The banks of detention and retention areas should slope at a gentle grade into the water as a safeguard against personal injury, to encourage the growth of littoral vegetation and allow the alternate flooding and exposure of areas along the shore.

(11)

The use of drainage facilities and vegetated buffer zones as open space, recreation and conservation areas should be encouraged.

(12)

Although the use of wetlands for storing and purifying water is encouraged, care should be taken not to overload their capacity, thereby harming the wetland and transitional vegetation. Wetlands should not be damaged or replaced by the construction of detention ponds unless equivalent wetlands are created.

(13)

Erosion shall be minimized and sediment shall be retained on the site of development.

(14)

The area of land disturbed by development shall be the minimum feasible. Those areas which are not to be disturbed should be protected by an adequate barrier from construction activity. Whenever possible, retain and protect natural vegetation.

(15)

Erosion and sedimentation control devices shall be installed between the disturbed area and water bodies, watercourses and wetlands before grading, cutting or filling is begun.

(16)

Land which has been cleared for development and upon which construction has not commenced shall be protected from erosion by appropriate techniques designed to stabilize soil and revegetate the area.

(17)

Wetlands and other natural water bodies shall not be used as sediment traps during development.

(18)

Erosion and sedimentation facilities should receive regular maintenance to ensure they continue to function properly.

(19)

Artificial watercourses should be designed, considering the soil type, so the velocity of flow is low enough to prevent erosion.

(Ord. No. 91-6, § 3(6.00.01), 2-11-1992)