The Supplementary Regulations set forth in this
article are applicable to all uses and zoning districts within the
Town of Union Vale unless otherwise specifically provided herein.
No use shall be established or maintained that
does not conform to the following standards of use, occupancy and
operation, in addition to all relevant provisions of other local,
county, state and federal laws, rules and regulations providing performance
standards for use, occupancy and operations of lands and the structures
and enterprises thereon. Continued conformance with such standards
shall be a requirement for the maintenance of any certificate of occupancy
issued under this chapter.
A.
Noise.
(1)
No person, firm or corporation shall operate or cause
to be operated any source of sound, except as set forth below, which
exceeds the limit set forth below when measured by a sound meter having
an A-weighted filter and constructed in accordance with the specifications
of the American National Standards Institute (ANSI) at any property
line of the lot from which the noise is emitted:
(2)
The above limitations shall, however, not be applicable
to the following uses and activities:
(a)
Temporary construction noises between the hours
of 7:00 a.m. and 8:00 p.m.
(b)
Transient noises of moving sources such as automobiles,
trucks and aircraft.
(c)
Noise from safety signals, warning devices and
emergency pressure relief valves.
(d)
The sound of bells or chimes from a church.
(e)
Noises generated by either agricultural and
farm activities or the normal maintenance of residential, business
and other properties.
B.
Smoke. No person, firm or corporation shall permit
the emission of smoke or any other atmospheric pollutant from any
source whatever for a period or periods aggregating more than four
minutes in any one hour which exceeds the density of equivalent capacity
of No. 1 on the Ringelmann Chart as measured at the point of emission.
The emission of smoke or any other atmospheric pollutant shall not
be permitted, regardless of quantity, if it is in any way detrimental
to public health or safety or is a source of damage to property. The
above notwithstanding, this provision shall not be construed to apply
to either the burning of firewood as a heating fuel or to the open
burning of brush, yard debris and other material as may be authorized
by NYSDEC or other authority.
C.
Particulate matter. No person, firm or corporation
shall permit the emission of any particulate matter, from any source
whatsoever, in excess of applicable state and federal regulations.
D.
Glare and heat.
(1)
No unreasonable glare or heat shall be produced that
is perceptible beyond the boundaries of the lot on which such use
is situated. Special efforts shall be required, such as the planting
of intervening vegetation and the installation of light shields, to
alleviate the impact of objectionable or offensive light and glare
produced by exterior sources on neighboring residential properties
or public thoroughfares.
(2)
In particular, no use shall produce glare so as to
cause illumination beyond the property on which it is located to be
in excess of 0.4 footcandle at any property boundary, including the
street of highway right-of-way. Further, any outdoor lighting fixture,
with the exception of incandescent fixtures up to 200-watt intensity
per light source (i.e., refractor, reflector or globe), shall be shielded
from above and from the sides when necessary in such a manner that
each of the following criteria is met:
E.
Solid wastes and nontoxic liquid wastes. No solid
wastes or nontoxic liquid wastes shall be discharged into any public
sewer, common or private sewage disposal system or stream or either
on or into the ground, except in strict conformance with the standards
promulgated by the New York State Health Department, the New York
State Department of Environmental Conservation (NYSDEC) or other duly
empowered agency. Facilities for the storage of solid wastes shall
be so located and designed as to be screened from the street and/or
from adjoining property and so as to discourage the harboring of insects
or rodents.
F.
Radioactivity or electromagnetic disturbance. No activities
shall be permitted which either emit dangerous radioactivity beyond
the premises on which such activity is located or create electrical
disturbance adversely affecting the operation of radios, televisions
or any equipment other than that of the creator of such disturbance.
G.
Fire and explosion hazards. All activities involving
and all storage of inflammable and explosive materials shall be provided
with adequate safety devices against the hazard of fire and explosion
and with adequate fire-fighting and fire suppression equipment and
devices standard in the industry. All applicable requirements of the
New York State Uniform Fire Prevention and Building Code, as well
as the pertinent provisions of the National Fire Protective Association
(NFPA) Code, shall be fully observed.
H.
Odor. No person, firm or corporation, excluding farms
and agricultural operations, shall permit the emission of odor that
would be characterized as either noxious or offensive at the property
line of the lot from which the odor is emitted.
I.
Toxic or noxious wastes. No land use or operation
shall be permitted which permits or causes the escape of any toxic
or noxious fumes, gases or other wastes outside the building in which
the use is conducted. In particular, toxic wastes from light industry,
commercial establishments, institutions, home occupations, farms,
residences or any other source shall not be disposed of on the ground
or into the surface water or down the drain into septic systems or
placed curbside with ordinary household garbage. Wastes such as but
not limited to creosote, oils, liquid and solid chemicals, solvents
and cleaners, glues, acids, metals, infectious materials, pesticides
and herbicides, paints and varnishes, pharmaceuticals and radioactive
wastes, including low level and BRC grade, shall be properly stored
and disposed of at facilities or through pickup services specifically
designated for the handling and disposition of such toxic substances.
J.
Vibration. No activity shall cause or create a steady
state or impact vibration discernible at any lot line.
K.
Maintenance of developed lots. All portions of any
developed lot shall have adequate grading and drainage and shall be
continuously maintained in a dust-free and erosion-resistant condition
by suitable landscaping with trees, shrubs, grasses or other planted
ground cover or by paving with asphalt, concrete, washed stone or
other suitable materials. Required yard areas shall be planted and
maintained in accordance with he approved site plan for the premises
and in a manner which is compatible with its use and enjoyment.
[Amended 10-9-2003 by L.L. No. 5-2003; 3-11-2010 by L.L. No.
12-2010]
In all zoning districts, at the time any new
building or structure is erected, any existing building or structure
enlarged or increased in capacity by adding dwelling units, guest
rooms, seats or floor area, or new or changed use of either land or
structure established, permanent off-street parking and loading spaces
shall be provided and maintained in accordance with the minimum standards
as to number, location and configuration set forth below.
A.
Required number of off-street parking spaces.
(1)
The minimum cumulative number of off-street parking
spaces stated below shall be required in addition to one off-street
parking space for each commercial vehicle associated with a commercial,
business or light industrial use and those off-street parking spaces
required to accommodate handicapped persons in accordance with the
requirements of the New York State Uniform Fire Prevention and Building
Code and the New York State Vehicle and Traffic Law:
(a)
Residential uses:
[1]
For a single-family dwelling: two spaces.
[2]
For a two-family dwelling: four spaces.
[3]
For a multifamily dwelling: two spaces per dwelling
unit.
[4]
For a boarding or rooming house: one space per
guest room plus required space for other dwelling unit(s) on premises.
[5]
For an accessory dwelling: two spaces per dwelling
unit.
[6]
For a home occupation: one space per 250 square
feet of such use, if customers or clients routinely visit use, plus
one space per outside employee.
[7]
For a bed-and-breakfast establishment: one space
per guest room plus required spaces for other dwelling unit(s) on
premises.
[8]
For a family or group family day care home:
one space per three children enrolled in excess of three plus required
spaces for other dwelling unit(s) on premises.
(b)
Institutional and community service uses:
[1]
For churches, meeting halls, membership clubs,
auditoriums, theatres, performing arts centers or other places of
public assembly not otherwise specified herein: one space per four
seats of 60 square feet of seating area where fixed seating is not
provided.
[2]
For schools and other educational institutions:
one space per 12 classroom seats or the auditorium requirement as
specified above, whichever is greater.
[3]
For a nursery school or child day-care center:
one space per three children enrolled at peak hour.
[4]
For a museum, library or other cultural facility:
one space per 250 square feet of gross floor area.
[5]
For a membership club or similar use: either
one space for each 200 square feet of gross floor area or one space
for each three seats in dining and/or bar area, whichever is greater.
[6]
For a nursing home or similar use: one space
for each four beds computed on the basis of maximum capacity of the
structure.
(c)
Recreational uses:
[1]
For a bowling alley, golf course, tennis club,
billiard hall, or similar use: four spaces per alley, tee, court,
table or similar measure.
(d)
Business and commercial uses:
[1]
For a retail business or similar use: either
one space for each 150 square feet of retail/service area accessible
to customers or one space per 200 square feet of gross floor area,
whichever is greater.
[2]
For a personal service use or establishment,
one space for each 150 square feet of gross floor area.
[3]
For a medical clinic and related professional
health service offices: four spaces per professional.
[4]
For an office, including nonmedical professional,
business or public uses, one space for each 200 square feet for the
first 1,000 square feet of gross floor area, and one space per 300
square feet thereafter.
[5]
For a funeral home or similar establishment,
one space per four seats or 80 square feet of public viewing area.
[6]
For a restaurant, bar, nightclub or catering
facility: either one space for each three seats within the dining
room and/or bar area or one space per 60 square feet of floor area
available to patrons, including outdoor service or dining area, whichever
is greater.
[7]
For a hotel, motel or similar establishment:
one space per guest room.
[8]
For an automobile service facility or similar
use: at least 10 spaces.
[9]
For an automobile sales facility, equipment
rental or sales yard, or similar use: one space for each 3,000 square
feet of land area devoted to the use.
(2)
For uses not specifically listed, the requirement shall be the same as for the most similar use listed as determined by the Planning Board at the time of special permit and/or site plan review, as provided for in Articles VI and VII, respectively, of this chapter, or as may be more explicitly provided for a specific use within the additional standards and requirements set forth at § 210-56 of the latter article.
(3)
In the case of a combination of uses on a single parcel,
the requirement for off-street parking spaces shall be the sum of
the requirements for the various individual uses, unless it can be
established by the applicant through empirical data and to the satisfaction
of the Planning Board that staggered hours of use would permit reduction
of the requirement. In particular, up to 50% of the parking spaces
required for churches, theatres, and similar places of public assembly
with peak attendance on Sundays and/or evenings may be assigned to
an adjacent use or uses, which will be closed on Sundays and/or evenings.
(4)
In the instance of any authorization for a reduction
in parking due to either the effect of staggered hours of operation
or other circumstances which may cause the Planning Board to conclude
that fewer parking spaces may be required than would be required under
the above schedule, the Planning Board may accept additional green
area in lieu of parking for not more than 30% of the parking spaces
otherwise required but not installed.
B.
Design standards for off-street parking spaces and
related accessways.
(1)
Areas that may be considered as meeting off-street
parking space requirements may include a garage, carport or other
properly developed area available for parking, not to include a public
or private street and any portion of the right-of-way thereof.
(2)
Required off-street parking spaces shall be provided
on the same lot with the building or use to which such spaces are
incidental, or nor more than 300 feet therefrom.
(3)
In all districts, parking areas shall be located no closer to any property line than the minimum parking setbacks established in the District Schedule of Area and Bulk Regulations set forth in Article III of this chapter. If parking associated with a nonresidential use is abutting an existing residential use or land situated within a residential district, a minimum separation of 25 feet, or such greater distance as may be required within said Schedule, between any parking area or access thereto and the residential property line shall be maintained.
(4)
In all districts, each parking space provided shall
be a minimum of nine feet wide and 19 feet in length, with due consideration
provided to a greater width for end spaces and those which may be
encumbered by an adjacent obstruction such as a wall of lighting standards.
Each space shall have direct and usable driveway access to a street
or other roadway and adequate maneuvering area between spaces in accordance
with proper engineering standards, including the following:
(a)
Parallel curb parking: End to end measurement
of 24 feet with twelve-foot aisle width for one-directional flow and
twenty-four-foot aisle width for two-directional flow.
(b)
Thirty-degree parking: thirteen-foot aisle width
for one-directional flow and twenty-six-foot aisle width for two-directional
flow.
(c)
Forty-five-degree parking: sixteen-foot aisle
width for one-directional flow and twenty-six-foot aisle width for
two-directional flow.
(d)
Sixty-degree parking: twenty-one-foot aisle
width for one-directional flow and twenty-six-foot aisle width for
two-directional flow.
(e)
Perpendicular parking: twenty-six-foot aisle
width for either one-directional or two-directional flow.
(5)
To the extent practicable for all uses and all locations,
and without exception for any driveway accessing a use other than
a one- or two-family residences on a residential subdivision street
both presently serving and designed to serve 12 or fewer residences,
all off-street parking areas shall be designed to eliminate the need
to back out onto a public street, road or highway.
(6)
All parking areas shall be suitably drained, graded, surfaced and maintained. Except for one- or two-family dwellings, parking lot surfacing requirements shall be established by the Planning Board under site plan review, as provided for in Article VII of this chapter. The Planning Board shall give particular consideration to the number of vehicles accommodated and the proposed intensity and season(s) of use. All paved parking areas shall be suitable marked to indicate individual parking spaces, maneuvering areas, entrances and exists.
C.
Required off-street loading berths. Off-street loading which is designed logically, conveniently located for bulk pickups and deliveries, scaled to delivery vehicles anticipated, and accessible to said vehicles when required when off-street parking spaces are filled, shall be considered for all commercial, light industrial and similar uses and provided as deemed necessary by the Planning Board during site plan review in accordance with Article VII of this chapter. Any such loading berth shall be not less than 11 feet wide and 45 feet in length, with a minimum of 14 feet of vertical clearance.
[Added 3-11-2010 by L.L. No. 12-2010]
All driveways shall be designed, constructed and maintained to afford suitable access throughout all seasons under both routine and emergency conditions to any residential dwelling or other habitable structure in accordance with § 280 of the Town Law. All driveways shall further be subject to the driveway construction permit requirements and the driveway design, construction and maintenance standards and requirements set forth at Chapter 111, Driveways, of the Town Code.
No sign shall be erected, replaced, altered,
relocated or maintained in any zoning district within the Town of
Union Vale except in accordance with the provisions stated herein.
A.
Sign permit required. Except as otherwise stated herein,
no sign or other device for advertising or notification purposes of
any kind shall be erected, established, added to or altered until
a Sign Permit has been issued by the Code Enforcement Officer. All
applications shall include such information as may be required by
the Code Enforcement Officer to determine compliance with these sign
regulations and shall be accompanied by payment of the required sign
permit fee in accordance with a schedule established and reviewed
annually by the Town Board.
B.
General standards. Any sign or signs, whether permitted,
temporary or directional, shall conform to the following general standards:
(1)
Shall present a visual message in a clear and precise
manner.
(2)
Shall to the extent practicable be wood in material
and, where freestanding, enhanced through the incorporation of stone
and plantings in the design and setting of the sign.
(3)
Shall at all times be maintained in a proper state
of repair in full compliance with building code, electrical code,
and other applicable property maintenance standards.
(4)
Shall not attempt or appear to regulate, warn or direct
highway traffic or to either imitate or resemble official traffic
signs, signals or devices.
(5)
Shall not project over property lines or be located
within the public right-of-way.
(6)
Shall not be roof-mounted or otherwise mounted on
a building so as to extend in whole or in part above the wall of the
building to which it is attached.
(7)
Shall not rotate or otherwise move.
(8)
Shall not be illuminated by or contain flashing, intermittent,
rotating or moving light or lights.
(9)
Shall not be internally illuminated, nor contain luminous
material, sequin-studded lettering or lettering with fluorescent paint.
(10)
If freestanding, shall not exceed six feet in
height in any residential district or 10 feet in height in any commercial
district nor be located closer than 20 feet to any property line.
(11)
If suspended or projecting, shall not exceed
11 feet in height and shall provide a minimum clearance of eight feet
above any sidewalk or other pedestrian way.
(12)
With the exception of temporary signs and directional signs discussed below in § 210-26C and E, respectively, shall convey only subject matter related exclusively to the premises on which the sign is located, or to products, accommodations or activities on those premises. Accordingly, no sign shall be permitted as a principal use.
C.
Permitted temporary signs. The following temporary
signs are permitted in any zoning district without application for
and issuance of a permit.
(1)
Construction signs, limited to one unlighted sign
not exceeding 12 square feet in surface area and identifying the parties
involved in the design, financing and/or provision of labor and materials
associated with the construction on the premises on which the sign
is located, but not including the advertisement of any product. Such
signs shall be removed prior to the issuance of a certificate of occupancy
and the initiation of intended use of the premises.
(2)
Event signs, not exceeding 16 square feet in surface
area, displayed on private property and limited to one such event
sign per premises, announcing a campaign, drive or event of a not-for-profit
civic, philanthropic, educational or religious organization, to be
erected not more than 10 calendar days prior to the event and removed
within a period of 24 hours after close of the event.
(3)
Real estate "for sale" signs and signs of a similar
nature on the premises for sale or lease and not exceeding six square
feet in surface area in a residential district or 12 square feet in
surface area in a nonresidential district. All such signs, not to
exceed two per premises, shall be removed immediately upon completion
of the sale or lease of the premises.
(4)
Nonilluminated window advertising signs which occupy
no more than 10% of the total window area of the principal facade
or facades of the business, service or commercial establishment.
(5)
Event signs, not exceeding 12 square feet in surface
area, displayed on private property and limited to one such event
sign per premises, announcing a special sale, promotion or other activity
conducted by a business, service or commercial establishment, are
permitted in any zoning district on an individual event or annual
basis upon the filing of an application, payment of a nominal sign
permit fee and issuance of a sign permit by the Code Enforcement Officer.
Such event signs shall be used no more than six times within a period
of 12 calendar months on a premises and shall be placed for a total
period of not more than two weeks, commencing not more than one week
prior to the sale or event and shall be removed within a period of
24 hours after the sale of event.
D.
Permitted permanent accessory and identity signs.
Upon filing of an application and payment of the required sign permit
fee in accordance with a fee schedule established and annually reviewed
by the Town Board and the issuance of a sign permit by the Code Enforcement
Officer, the following signs shall be permitted in accordance with
the standards specified as to number, size and location. The application
for sign permit shall be accompanied by a graphic representation of
the sign drawn to scale, and including specific information with respect
to the message to be conveyed, the proposed height and dimensions
of the sign including calculation of sign surface area, and indication
of materials, color and the method of construction, location and type
and extent of illumination, if any.
(1)
For permitted home occupations, a single identity
sign not exceeding four square feet in total surface area and identifying
the occupation conducted on the premises. Unless attached to the principal
structure, no such sign shall be located either closer than 15 feet
to the front property line or closer than 20 feet to any other property
line.
(2)
For nonresidential uses within the RD10, RA5, RA3,
R1.5 and R1 Districts, a single identity sign not exceeding 12 square
feet in surface area per side, except as otherwise stated by this
chapter, and identifying only the name of the establishment and its
principal service or purpose.
(3)
A residential identity sign at each principal access
point stating the name of a residential subdivision, not exceeding
12 square feet in surface area or six feet in height, and located
no closer than 15 feet to the public right-of-way.
(4)
For nonresidential uses in the Hamlet (H) District,
one identity sign not to exceed eight square feet in surface area
and one permanent wall sign, advertising a product and/or service
provided on the premises, not to exceed three square feet in surface
area.
(5)
Nonresidential uses in the Neighborhood Commercial
(NC), Town Center (TC) and Airport (A) Districts.
(a)
For a single-business premises, a freestanding
identity sign not to exceed 16 square feet in surface area, and/or
one identity sign mounted to the face of the principal building not
to exceed one square foot per three linear feet of the building's
front elevation, and/or two permanent accessory wall signs, advertising
products and/or services provided on the premises, each not to exceed
four square feet in surface area. The maximum total signage per single-business
premises shall be determined by the formula above and shall not exceed
48 square feet.
(b)
Multiuse premises.
[1]
For a multiuse premises, i.e., when two or more
wholly independent businesses or activities are located on a single
premises, the parcel is permitted one combination freestanding identity
complex sign viewable from the public highway for the overall establishment.
If the number of independent businesses or activities if four or fewer,
this sign shall not exceed 16 square feet; if the parcel houses more
than four independent businesses or activities, the sign shall not
exceed 24 square feet.
[2]
Within a multiuse premises, one of the following
types and dimension of identity signs may be associated with each
business:
[a]
A six-square-foot hanging sign.
[b]
A sign not exceeding six square
feet incorporated on an awning.
[c]
A sign not exceeding six square
feet mounted on the wall or permanently mounted/painted on a window
provided such window sign does not exceed 20% of the square foot surface
area of the window.
[3]
At the discretion and approval of the Planning
Board during site plan review, on-site circulation and directional
signs, traffic control, handicapped parking and similar signs may
be permitted. No such sign shall exceed three square feet in area.
E.
Directional signs. Businesses and other public destinations relating to, but isolated from, primary routes of travel (NYS Routes 55 and 82 and County Roads 9, 21 and 24) shall be permitted a maximum of two directional signs as a special permit use subject to the provisions of Article VI of this chapter, the issuance of a sign permit and the following additional requirements:
(1)
In locations with more than one directional sign,
all such signs shall be affixed to a common standard and be graphically
coordinated and arranged so as to present a neat and orderly appearance.
Any such sign standard shall be designed to accommodate the later
addition of further directional signs.
(2)
No directional sign shall be more than three square
feet in area. In locations where more than one directional sign is
authorized, the aggregate area of all such signs shall not exceed
12 square feet.
(3)
No directional sign shall be affixed to a utility
pole, traffic sign, bridge abutment of other structure either within
the public right-of-way or as otherwise located and maintained by
a franchise utility or governmental entity.
(4)
No directional sign may be installed within the public
right-of-way, except upon the issuance of a specific license or permit
therefor from the pertinent agency of jurisdiction, i.e., the Town
Highway Superintendent and Town Board, the Dutchess County Department
of Public Works or the New York State Department of Transportation.
(5)
No directional sign may be installed on private property
except by or with the specific written consent of the owner thereof.
No fence shall be erected or replaced and subsequently
maintained within a required yard in any zoning district within the
Town of Union Vale except in accordance with the provisions stated
herein:
A.
Fence permit required. Except in the case of fencing
for agricultural purposes, no fence or wall shall be erected or replaced
within any required yard until the Code Enforcement Officer has issued
a fence permit. All applications for a fence permit shall include
information as required by the Code Enforcement Officer to determine
compliance with the regulations stated herein and be accompanied by
payment of a permit fee in accordance with a schedule established
and reviewed annually by the Town Board.
B.
Fences and walls for nonagricultural purposes shall
not exceed six feet in height when erected in a required side or rear
yard nor exceed four feet in height when erected within the required
front yard except as otherwise specifically required by this chapter.
Wire, wire mesh, or rail fencing for agricultural purposes shall be
authorized to a maximum height of eight feet within any required yard.
Wire mesh fencing for landscape protection shall also be authorized
to a maximum height of eight feet within any required yard.
[Amended 3-11-2010 by L.L. No. 12-2010]
D.
In any zoning district, all such fences and walls
within required yards shall have the finished side of the fence or
wall directed toward the abutting lot, parcel or premises. The property
owner on whose land the fence or wall is located shall be responsible
for the workmanlike maintenance of both sides of the same, provided
that if the abutting owner does not provide access for such maintenance,
the owner of the fence shall be relieved of the obligation for maintaining
the finished side of the fence or wall.
E.
To the extent practicable, and in accordance with
the Town of Union Vale Master Plan, the use of stockade-type fencing
within required yard areas shall be discouraged as inimical to the
rural character of the community.
F.
All fences,
gates and walls shall be set back a minimum of 15 feet from the edge
of pavement of any public or private roadway, or as otherwise may
be more strictly regulated within this chapter, to allow sufficient
room for wintertime snow removal.
[Added 3-11-2010 by L.L. No. 12-2010]
A.
Nothing contained herein shall prohibit the conduct
at any time of engineering investigations, including test holes, soil
borings and other measures or the excavation of sand, gravel, shale,
topsoil or similar material from a lot preparatory to construction
of a building for which a building permit has been issued, or moving
such material from one part of a premises to another part of the same
premises, when such excavation or removal is clearly incidental to
the approved building construction and/or site development and necessary
for improving the property for a use permitted in the zoning district
in which the property is located. The above notwithstanding, provision
shall be made to restore an effective cover crop to any area of land
from which topsoil has been removed or covered within the first growing
season following the start of such operation.
B.
No such material may, however, be sold for export from the site except in compliance with the District Schedule of Use Regulations set forth at Article III, § 210-10, of this chapter and the New York State Mined Land Reclamation Law, Article 23, Title 27, of the Environmental Conservation Law and related 6 NYCRR Parts 430 through 436.
A.
Special permit review.
(1)
In order to preserve the open character and nurture the retention and enhancement of naturally vegetated buffers along major streams for environmental and ecological reasons, all development as such is defined in Article XII, § 210-86A, of this chapter, including but not limited to all building construction and all land alteration for other than agricultural or conservation purposes, proposed within 100 feet of the normal stream bank of any NYSDEC-classified stream within the Town of Union Vale or within 100 feet of the boundary of a freshwater wetland as mapped by the New York State Department of Environmental Conservation or as may be established by the Town of Union Vale in accordance with Article 24 of the Environmental Conservation Law and Title 6 Part 664 NYCRR shall be subject to special permit review as provided within Article VI of this chapter and as may be further regulated by inclusion within the Environmental Resource Overlay (ER-O) District established pursuant to Article II, § 210-5, and subject to the standards for said ER-O District set forth at Article V, § 210-48, of this chapter.
(2)
Special permit review shall also apply to any development
for other than agricultural or conservation purposes within 100 feet
of the high water mark of any pond, reservoir or other body of water
in excess of 1/4 acre in water surface area, provided that the pond
or other water body has not been created as a site element which was
earlier subject to site plan or subdivision plat review and approval
by the Planning Board.
B.
The Planning Board's review of such proposed development
shall include but not be limited to consideration of impact on the
following factors: water recharge areas, water table levels, water
pollution, aquatic and plant life, storm water runoff, flooding, erosion
control and essential vegetative growth.
All development within the Flood-Fringe Overlay District, as mapped by the Federal Emergency Management Agency (FEMA), shall be subject to special permit review in accordance with the procedures set forth in Article VI of this chapter and the additional standards and requirements set forth in § 210-58 therein, including compliance with the requirements set forth in the Town of Union Vale Town Code in Chapter 135, Flood Damage Prevention.
In any zoning district, home occupations, as defined in Article XII, § 210-86A, of this chapter, shall additionally conform to the following use limitations:
A.
Restrictions; classifications.
(1)
A home occupation may only be conducted within a dwelling
unit that is a bona fide residence of the principal practitioner of
the occupation or in an accessory building thereto which is normally
associated with the residential use.
(2)
For purposes of this chapter and as provided for in the District Schedule of Use Regulations at Article III, § 210-10, herein, a home occupation occurring fully within the dwelling shall be considered a "Class 1 home occupation" and classified as a permitted accessory use; any home occupation occurring wholly or partially in an accessory building or involving either the temporary or longer-term outdoor storage of materials or equipment used in connection with the home occupation shall be considered a "Class 2 home occupation" which may only be authorized by special use permit in accordance with the standards and procedures set forth within Article VI of this chapter.
C.
The home occupation activity, whether located within
the dwelling or in a customary accessory structure, shall occupy no
more than 500 square feet of gross floor area or 25% of the gross
floor area of the dwelling on the premises, whichever shall be the
more restrictive.
D.
Except for articles produced on the premises and other
articles customarily associated with and incidental to the product
made or the service provided on the premises, no stock in trade shall
be displayed, sold or rented on the premises, as would be the case
of a retail store, specialty shop or rental establishment.
E.
A single nonanimated, nonilluminated sign, not exceeding
four square feet in area, shall be permitted to identify the home
occupation, said sign located not less than eight feet from any property
line nor more than 10 feet from the residential access driveway.
F.
Any alteration or new construction undertaken to accommodate
the home occupation activity shall neither modify the residential
character of the principal residential dwelling or the accessory building
customarily incidental thereto nor be otherwise inconsistent with
the character of a residential premises.
G.
Except for the aforementioned identity sign, there
shall be no evidence within the front yard or on any other portion
of the premises clearly visible from either a public street or highway
or a adjoining residential premises of the home occupation activity.
H.
To the extent the outdoor display of goods or the
outdoor storage of equipment or materials used in the home occupation
is essential, such display and/or storage may in the case of a Class
2 home occupation, and upon demonstration of compliance with the above
requirement, be authorized within a side or rear yard be specifically
authorized by the Planning Board within the special use permit procedure.
I.
Not more than one person other than members of the
household occupying the principal residential dwelling on the premises
shall be employed on the residential premises at any given time in
the conduct of the home occupation.
J.
There shall be permitted no sharing, letting or subletting
of space for use by others in the conduct of their profession, trade
or business.
K.
In no case shall a home occupation be open to the
public earlier than 8:00 a.m. or later than 9:00 p.m.
L.
Sufficient off-street parking for any employees, customers and clients, but not to exceed a total demand for three parking spaces, shall be provided as required within § 210-25 of this article and chapter. Such spaces may be provided either within a driveway or side yard but not be located within either the front yard or any required side or rear setback area.
M.
Not more than one commercial vehicle, i.e., a vehicle
in excess of 20 feet in length, associated with the home occupation
may be parked overnight on the premises. Such vehicle may not be parked
in the front yard or in any required side or rear setback area.
N.
Electrical or mechanical equipment that creates visible
or audible interference in radio or television receivers, causes fluctuations
in line voltage outside the dwelling unit or accessory building, or
creates noise of intensity, frequency and/or duration not normally
associated with residential uses is prohibited.
O.
Any toxic substances employed in the conduct of the
home occupation such as may occur in the case of artists, photographers,
medical professionals, furniture refinishers, beauty shops and others
must be properly stored, properly collected and/or properly disposed
of specifically designated toxic waste sites.
P.
The home occupation shall additionally comply with
all further regulations and restrictions as may be stated within the
New York State Uniform Fire Prevention and Building Code and/or other
laws, rules and regulations promulgated by the New York State Department
of Social Services, the Dutchess County Health Department, the New
York State Education Department, and other agencies.
Q.
Authorization of the home occupation as an accessory
use must be specifically stated within the certificate of occupancy
for the premises with it not to be construed that the presence of
a certificate of occupancy for the principal residential use of the
premises is in itself authorization for the home occupation occurring
thereon.
R.
The above notwithstanding, because of parking requirements
and other issues of land use compatibility, each of the following
uses is specifically prohibited from consideration as either a permitted
Class 1 home occupation or a Class 2 home occupation eligible for
special use permit consideration under this chapter:
(1)
Ambulance, limousine or other transportation service.
(2)
Automobile-related businesses, including repair, painting,
parts, sales, detailing or washing services.
(3)
Beauty shops and barbers shops with more than one
chair.
(4)
Churches and other places of public assembly.
(5)
Restaurants and taverns.
(6)
Catering services.
(7)
Any facility, regardless of how named, providing day-care
services for more than six children who are not residents of the dwelling.
(8)
Convalescent homes.
(9)
Group band instrument instruction.
(10)
Commercial servicing of construction equipment,
including but not limited to backhoes, bulldozers and trucks.
(11)
Septage pumping and other scavenger services.
The Planning Board is authorized simultaneously with the approval of a plat or plats pursuant to Article 15 of the Town Law of the State of New York and Chapter 192, Subdivision of Land, of the Code of the Town of Union Vale, to modify applicable provisions of this chapter in order to accommodate residential cluster subdivisions within the RD10, RA5, RA3, R1.5 Districts, and to a limited extent within the TC District, which enable flexibility in land development by allowing a variety of lot areas and/or building configurations without increasing the permitted density in the zoning district in which the proposed subdivision is located. Application of this authority shall, as set forth in Chapter 192, Subdivision of Land, be subject to the requirements of § 278 of the Town Law and those further objectives and standards set forth below:
A.
Cluster objectives.
(1)
The fundamental intent of the Town of Union Vale in
permitting and encouraging residential cluster development is to provide
the opportunity for residential growth in the Town while preserving
to the extent practicable the rural character of the open landscape
and the community's irreplaceable historic, scenic and environmental
resources.
(2)
The Planning Board shall, in consideration of this
intent, encourage, and as it deems advisable, mandate application
of the cluster subdivision technique when the Board finds that its
application would benefit the Town in that one or more of the following
objectives would be better attained through its use than through application
of a conventional lot-by-lot subdivision design technique:
(a)
The preservation of active agricultural lands
and/or the guidance of development away from agricultural lands, this
objective being of particular importance when adjacent parcels are
in active agricultural use and the use of clustering will maintain
or enlarge the land area available for contiguous agricultural use.
(b)
The preservation of national, state, county
or Town-recognized historic buildings and contributing adjacent environs,
recognizing that buildings and landscapes work together to create
historical setting.
(c)
The siting of buildings and the location of
other improvements to minimize, and ideally eliminate, intrusion on
the view from Master Plan-designated scenic roads and other scenic
areas, particularly those within the Scenic Corridor Overlay (SC-O)
District or otherwise identified within the Environmental Resource
Overlay (ER-O) District.
(d)
The more economic provision of streets and other
community facilities and greater potential for the installation of
central water supply and common sewage disposal facilities.
(e)
The provision of a broader variety of housing
types to meet the varied needs of the community, with the range of
potential housing types including single-family detached homes on
smaller lots, two-family homes, townhouses and units within multifamily
structures.
(f)
The protection of designated wetlands, watercourses,
watersheds, groundwater resources and other environmentally critical
areas.
(g)
The preservation of open space and creation
of recreational opportunities.
(h)
The avoidance of residential development directly
under the arrival or departure flight tracks of Runways 17 and 35
at Sky Acres Airport as depicted through the Airport Overlay (A-O)
District.
(i)
The achievement of other significant community
land use planning and development objectives as set forth in this
chapter and/or the Town Master Plan, the Dutchess County Plan, Directions,
or Greenway Connections.
B.
Cluster standards.
(1)
Maximum number.
(a)
The maximum number of single-family dwelling
units that may be authorized within a residential cluster development
shall in no case exceed the number which could be permitted, in the
Planning Board's judgment, if the land were subdivided into lots within
a conventional subdivision conforming to both the minimum lot area
and the maximum density standards set forth by this chapter for the
zoning district or districts in which such land is situated and conforming
to all other applicable requirements pertaining to the platting of
lots. The applicant shall demonstrate compliance with the above standard
in the manner set forth below:
[Amended 3-11-2010 by L.L. No. 12-2010]
[1]
The maximum number of single-family lots or dwelling units that may be permitted and approved within a residential cluster development shall not exceed the number of lots shown on an approvable sketch plat for lot-by-lot development of the site for single-family detached dwellings. Lots shown on the sketch plat shall be fully consistent with both the lot area and bulk requirements of the zoning district or districts in which the cluster development is proposed and the requirements of Chapter 192, Subdivision of Land, including reference therein to the regulations administered by the Dutchess County Health Department pertaining to water supply and sanitary sewage arrangements, and other standards regarding the provision of streets and other required facilities and improvements.
[2]
Platting shall be restricted to those portions of the site which are considered by the Planning Board to be suitable for residential building development, based on an analysis of the site's topographic, geologic and hydrological characteristics. Any lands which are subject to flooding or are comprised of wetlands, ponds or streams or slopes in excess of 25% shall not be considered suitable for building development or as areas suitable for the installation of supporting improvements for purposes of this analysis, except to the extent which may be otherwise provided for lot-by-lot development by § 210-22 of this chapter.
[3]
In consideration of the above, the sketch plat shall demonstrate
each of the following:
[c]
An adequate building envelope within which a single-family dwelling and customary accessory structures may be sited on each of the lots in consideration of minimum principal building and accessory setback requirements for the zoning district and the location of any environmentally constrained lands cited in above Subsection B(1)(a)[2] on the lot, all of which is to be depicted on the sketch plat.
[d]
A potential location on each of the lots for both individual
on-site sanitary sewage and water supply facilities, in consideration
of soil and topographic conditions and both minimum separation requirements
between water supply wells and subsurface sanitary sewage facilities
and other minimum separation requirements from wetlands, streams and
other features established by the Dutchess Health Department and/or
NYSDEC. The demonstration of on-site sanitary sewage facilities shall
include both a suitable primary sanitary sewage disposal area and
a required reserve area for not less than a three-bedroom dwelling.
[e]
Adequate on-site location within the subdivision for required
stormwater management facilities, such facilities to be located outside
the boundaries of any individual lot.
(b)
The above notwithstanding, additional dwelling
units, up to a maximum of 20% of the otherwise authorized number of
dwelling units within any residential cluster development, may be
authorized by the Planning Board within the cluster development provided
such additional dwelling units are clearly integrated through site
design and architectural character with the balance of the development
and all such additional dwelling units are set aside pursuant to legally-binding
developer's agreement to address within an affordable price range
the housing needs of moderate-income households living in the Town
of Union Vale, including in particular those headed by persons who
are actively involved through either their employment or their volunteer
efforts in the operation of community facilities and the delivery
of essential community services.
(2)
Water supply and sewage disposal facilities shall be provided to serve the residential cluster development in accordance with the requirements of the Town of Union Vale, the Dutchess County Health Department and the New York State Departments of Health and Environmental Conservation. Where such requirements cause the installation of central water and/or common sewer such facilities shall be consistent including with respect to matters of technical engineering design and legal arrangements with the definitions thereof provided within Article XII, § 210-86A, of this chapter.
(3)
Common driveway access shall be provided to the extent
considered practicable by the Planning Board and special efforts shall
be made to discourage the creation of residential lots in a strip
development configuration along existing roadways, particularly when
inimical to the Town's objectives of maintaining scenic quality and
rural character.
(4)
While attached or detached dwelling units are permissible
within a residential cluster development, no individual structure
shall contain more than four attached dwelling units in the RD10 or
RA5 Districts or more than six attached dwelling units in any other
zoning district. Further, in any residential cluster development of
less than 20 dwelling units within a residence district, permitted
dwelling unit configuration shall be limited to single-family detached,
two-family detached or semidetached zero lot line dwellings.
(5)
Where application of the cluster technique results in the creation of individual lots for the development of either single-family detached dwellings, two-family dwellings or semidetached zero lot line dwellings, the minimum lot area that may be created within a residential cluster development shall be two acres within the RD10 District, one acre within the RA5 and RA3 Districts and 1/2 acre within the R1.5 District. Except when governed by the more stringent provisions set forth below within § 210-32B(9) in the matter of required setbacks at the perimeter of a residential cluster development, individual lots within a residential cluster development shall further be subject to the reduced area and bulk standards set forth below:
|
Zoning District
| ||||
|---|---|---|---|---|
|
RD10
|
RA5 and RA3
|
R1.5
| ||
|
Maximum building coverage (%)
|
10%
|
15%
|
20%
| |
|
Minimum lot width/front building line (feet)
|
200
|
150
|
100
| |
|
Minimum side yard where provided (feet)
|
40
|
30
|
20
| |
|
Minimum rear yard (feet)
|
60
|
45
|
35
| |
|
Minimum front yard (feet)
|
60
|
45
|
35
| |
(6)
In order to qualify as a residential cluster development under Chapter 192, Subdivision of Land, and this chapter, substantial open space must be preserved.
(a)
The following percentage of the cluster development's
site gross acreage must be depicted on the residential cluster subdivision
plat as open space land and be placed under a permanent easement prohibiting
further development thereon except for the limited purposes specified
below in § 210-32B(7)(a)[4]:
|
Zoning District
|
Minimum Open Space Requirement
(% land)
| |
|---|---|---|
|
RD10
|
75%
| |
|
RA5 and RA3
|
60%
| |
|
R1.5
|
45%
|
(b)
The siting of the open space must be consistent with the cluster objectives earlier stated under § 210-32A(2)(a) through (h) and as more particularly described in the Planning Board's authorization or mandate of the use of the cluster technique for the specific subdivision.
(7)
Conditions.
(a)
Conditions regarding the long-term ownership,
use, maintenance and permanent protection of the open space lands
within a residential cluster development shall be established by the
Planning Board to assure the preservation of such lands for their
intended purposes.
(b)
In establishing those conditions in consultation
with the subdivider, the Planning Board shall be guided by the following
minimum standards which shall be strictly met for any residential
cluster subdivision:
[1]
The open space land shall be shown on the plat
and shall bear conspicuous notation stating such land may not for
further platted for residential building lots or other development
and shall be permanently reserved for open space purposes.
[2]
A perpetual conservation easement leaving the land forever wild or limiting use of such land to agricultural, managed forest land, passive recreational or open space use and prohibiting residential, commercial, institutional or light industrial use of such open space land, pursuant to § 247 of the General Municipal Law and/or §§ 49-0301 through 49-0311 of the Environmental Conservation Law, shall by granted to the Town with the approval of the Town Board or to a qualified 501(c)(3) not-for-profit conservation organization acceptable to the Planning Board, or a similarly binding mechanism provided. Such conservation easement or other mechanism shall be reviewed and approved by the Planning Board and shall be required as a condition of plat approval under Chapter 192, Subdivision of Land. The conservation easement or other mechanism shall not be amendable to permit residential, commercial, institutional or light industrial development and shall be recorded in the Dutchess County Clerk's office simultaneously with the filing of the approved cluster subdivision plat.
[3]
Open space land may be owned in common by a
homeowners' association, dedicated to the Town or held in private
ownership subject to a permanent conservation easement or similarly
binding mechanism. If owned by a homeowners' association, the common
open space land shall be protected by conservation easement or other
mechanism from future subdivision and development. The Planning Board
shall assure that proper provision has been made for ownership and
maintenance of open space land, with the Planning Board's key criterion
in this regard being its judgment that the owner's interests are compatible
with the intended use of the open space. In the event of a homeowners'
association, the ownership shall be structured in such a manner that
real property taxing authorities may satisfy property tax claims against
the open space lands by proceeding against all individual owners in
the homeowners' association and the dwelling units they own. Ongoing
maintenance standards shall be established, enforceable by the Town
against an owner of open space land as a condition of subdivision
approval, to assure that the open space land does not become neglected
and detract from the character of the neighborhood.
[4]
Authorized use of the open space land shall
be restricted to uses which are deemed by the Planning Board to be
compatible with the cluster objectives and the Planning Board's elaboration
thereon cited above and which fall within the categories and limitations
set forth below:
[a]
Conservation use, including wildlife
preserves and nature observation areas.
[b]
Agricultural uses, which shall
be of a land-extensive nature (e.g., croplands, orchards or pasture)
and shall not require extensive development or substantial building
or other permanent improvements (e.g., greenhouses or poultry farms).
[c]
Forestry uses, including tree farms
and landscape nurseries.
[d]
Passive recreational uses, including
hiking and picnicking facilities.
[e]
Active recreation, which shall,
like agricultural uses, be land-extensive (e.g., equestrian trails,
cross country skiing, golf course and ball fields) and shall not require
extensive development or substantial permanent improvements (e.g.,
tennis courts, swimming pools, basketball courts or playgrounds).
[5]
All authorized uses of the open space lands must be specifically allowed in the conservation easement or similarly binding mechanism and shall be subject, in the case of passive and active recreational facilities, to site plan review and approval by the Planning Board under Article VII of this chapter, either concurrently with consideration of the residential cluster development under Chapter 192, Subdivision of Land, of the Town Code or in a subsequent independent application to the Planning Board.
[6]
The total coverage of buildings, parking lots,
driveways and other ground improvements on the open space lands shall
not exceed 1% of such land area.
(8)
In addition to its potential role in the long-term
ownership, use and maintenance of the open space lands within a residential
cluster development, a homeowners' association may be required for
the long-term ownership and maintenance of other common elements,
such as internal roadways, utilities, landscaping and other improvements.
Such homeowners' association shall be created in strict accordance
with applicable laws, rules and regulations, including the requirements
of the General Business Law of the State of New York.
(9)
The minimum front, rear and side yards required by
the District Schedule of Area and Bulk Regulations for the zoning
district in which the residential cluster development is proposed
shall be doubled (that is, increased by 100%) to establish the minimum
front, rear and side yards required at the perimeter of the cluster
development so as to suitably buffer neighboring properties and create
a parklike setting for the development except where the Planning Board
specifically finds that such increase in required setback would be
inimical to achieving one or more of the cluster objectives set forth
earlier in this section.
(10)
Maximum structure height within a residential
cluster development shall be restricted to 35 feet, as otherwise applicable
within all zoning districts within the Town of Union Vale.
(11)
The minimum separation distance between multifamily
or attached townhouse structures within a residential cluster development
shall be 250 feet in the RD10 District, 150 feet in the RA5 and RA3
Districts and 75 feet in the R1.5 District.
(12)
Any residential cluster development consisting
of more than 30 dwelling units shall be divided into geographically
distinct sections, with no residential structure consisting of attached
dwelling units in any one section located less than 400 feet in the
RD10 and RA5 Districts, or 200 feet in the RA3 and R1.5 Districts
from any residential structure in any other section of the residential
cluster development or any adjoining residential cluster development.
All such land area between the residential structures shall be maintained
in lawn, forest or other natural vegetation.
(13)
The project sponsor of any residential cluster
development consisting of more than 10 dwelling units shall be encouraged
to provide diversity of housing type. Furthermore, it shall be required
that not more than 60% nor less than 40% of the authorized dwelling
units within a residential cluster development consisting of more
than 30 dwelling units be single-family dwellings on individual lots
with the balance being duplex detached, semidetached or multifamily
dwellings.
(14)
The Planning Board's review and approval of
a residential cluster development shall include all elements of site
layout, site improvements and exterior building and site design except
for those improvements intended on individual lots reserved for single-family
detached, duplex detached or semidetached zero lot line dwellings.
(15)
To the extent the density bonus for provision of affordable dwelling units set forth above at § 210-32B(1) is sought by the subdivider and authorized by the Planning Board, the legally-binding developer's agreement setting forth specific criteria regarding such factors as the location, design, pricing, timing and other availability of these dwelling units shall be negotiated during the cluster subdivision plat review and approval process and both executed by the Town and subdivider and recorded in the Dutchess County Clerk's office prior to the Planning Board Chairman's stamping and signing of the subdivision plat.
A.
No person shall undertake to construct any new building
or either convert or adaptively reuse any existing building if intended
for human occupancy, whether a principal building or an accessory
structure, within the Town of Union Vale without first meeting the
requirements for a system or facilities for both a potable water system
and the separate disposal of sewage and domestic trade wastes in accordance
with the applicable regulations of the Town of Union Vale, the Dutchess
County Health Department and the New York State Departments of Health
and Environmental Conservation.
B.
Any such potable water system or sanitary sewage facilities intended to serve as either a central water supply or common sanitary sewage system, as defined within Article XII, § 210-86A, of this chapter, shall be the subject of appropriate legal arrangements whereby at nominal cost the system or systems would become either prior to their operation or at any time subsequent thereto whether by choice of the benefited parties or either default or abandonment by the owner the property of a special taxing district or similar entity which would bear the full cost of administering the special district or similar entity and operating and maintaining the system or systems.
No dump, landfill, septage disposal site or
other sanitary disposal area or facility for the burial of domestic
or other wastes, including construction and demolition debris, shall
be established within the Town of Union Vale except where owned or
leased and operated by the Town of Union Vale, whether such operation
is through its own forces or on a contract basis.
Any outdoor swimming pool, whirlpool or hot tub, as defined within Article XII, § 210-86A, of this chapter, shall be subject to the following safety measures and any others that may be more strictly prescribed by the New York State Uniform Fire Prevention and Building Code:
A.
The outdoor swimming pool, whirlpool or hot tub shall
be enclosed on all sides by a security fence not less than four feet
in height or, in the case of a whirlpool or hot tub only, a securely
locked cover shall be provided.
B.
Such security fence, as may be applicable, shall be
provided with a self-closing, self-latching gate to prevent accidental
entry or unauthorized use of the outdoor swimming pool, whirlpool
or hot tub. When the pool is not in use or supervised, the gate shall
be securely locked with a key, combination or other child-proof lock.
[Amended 1-8-2004 by L.L. No. 1-2004]
[Amended 3-11-2010 by L.L. No. 12-2010; 10-6-2016 by L.L. No. 3-2016]
To the extent practicable, and in accordance with § 263
of the New York State Town Law, the accommodation of solar and wind
energy systems and equipment to meet the energy requirements of the
residents and uses in the Town of Union Vale, and the protection of
access to sunlight and wind for such equipment, shall be encouraged
as the various review and approval provisions of this chapter are
applied.
A.
Purpose. Because it is in the public interest to provide for and
encourage renewable energy systems and a sustainable quality of life,
the purpose of this section is to facilitate the development and operation
of renewable energy systems based on sunlight. Solar energy systems
are appropriate in all zoning districts when measures are taken, as
provided in this section, to minimize adverse impacts on neighboring
properties and protect the public health, safety and welfare.
B.
BUILDING-INTEGRATED PHOTOVOLTAIC (BIPV)
GROUND-MOUNTED SYSTEM
LARGE-SCALE SYSTEM
ROOF-MOUNTED SYSTEM
SOLAR ENERGY EQUIPMENT
SOLAR ENERGY SYSTEM
SOLAR PANEL
Definitions. As used in this section, the following terms shall have
the meanings indicated:
The incorporation of photovoltaic (PV) material into a building's
envelope. Technologies include PV shingles or tiles, PV laminates,
and PV glass. Examples of placement include vertical facades, semitransparent
skylights, awnings, fixed awnings, and roofs.
An accessory solar energy system exceeding 100 square feet
that is anchored to the ground and attached to a pole or similar mounting
system, detached from any other structure.
Solar energy systems located on land to convert solar energy
into electricity for off-site energy consumption.
An accessory solar energy system located on a roof of a principal
or accessory structure.
Energy storage devices, material, hardware, or electrical
equipment and conduit associated with the production of electrical
energy.
An electrical generating system composed of a combination
of both solar panels and solar energy equipment.
A device capable of collecting and converting solar energy
into electrical energy.
C.
Roof-mounted solar systems.
(1)
Roof-mounted systems are permitted as an as-of-right accessory use
in all zoning districts when attached to lawfully permitted principal
structures and accessory structures, subject to the requirements set
forth in this section.
(a)
Height. Solar energy systems shall not exceed maximum height
restrictions within any zoning district and are provided the same
height exemptions granted to building-mounted mechanical devices or
equipment.
(b)
Setback. Solar energy systems are subject to the setback requirements
of the underlying zoning district.
(c)
Aesthetics. Solar installations shall incorporate the following
design requirements:
[1]
Solar energy equipment shall be installed inside walls and attic
spaces to reduce its visual impact. If solar energy equipment is visible
from a public right-of-way, it shall match the color scheme of the
underlying structure.
[2]
Panels facing the front yard must be mounted at the same angle
as the roof's surface with a maximum distance of 18 inches between
the roof and highest edge of the system.
[3]
Solar panels affixed to a flat roof shall be placed below the
line of sight from a public right-of-way.
D.
Ground-mounted solar systems (residential).
(1)
Ground-mounted solar energy systems are permitted as an accessory use in residential zoning districts, subject to the requirements set forth in § 210-56B(10).
E.
Ground-mounted solar systems (commercial).
(1)
Ground-mounted solar energy systems are permitted as an accessory use in commercial zoning districts, subject to the requirements set forth in § 210-56G(6).
F.
General requirements for roof-mounted solar systems and ground-mounted
solar systems:
(1)
Prior to issuance of a building permit, blueprints signed by a professional
engineer or registered architect of the solar installation showing
the layout of the system shall be required.
(2)
The equipment specification sheets shall be documented and submitted
for all photovoltaic panels, significant components, mounting systems,
and inverters that are to be installed.
(3)
All solar energy system installations must be performed in accordance
with applicable electrical and building codes, the manufacturer's
installation, and industry standards, and prior to operation the electrical
connections must be inspected by the Town Code Enforcement Officer
or by an appropriate electrical inspection person or agency, as determined
by the Town. In addition, any connection to the public utility grid
must be inspected by the appropriate public utility.
(4)
When solar storage batteries are included as part of the solar energy
system, they must be placed in a secure container or enclosure meeting
the requirements of the New York State Building Code when in use and
when no longer used shall be disposed of in accordance with the laws
and regulations of Dutchess County and other applicable laws and regulations.
(5)
A sign shall be installed on the utility meter and any alternating
current (AC) disconnect switch indicating that there is an operating
solar electric cogenerating system on site.
G.
Large-scale solar systems: solar as a principal use. Large-scale
solar systems are permitted through the issuance of a special use
permit within all zoning districts except TCB, H, MGH, and GH, subject
to the requirements set forth in this section.
(1)
Height and setback. Large-scale solar energy systems shall adhere
to the height and setback requirements of the underlying zoning district.
Additional restrictions may be imposed during the special use permit
process.
(2)
All large-scale solar energy systems shall be enclosed by fencing
to prevent unauthorized access. Warning signs with the owner's
contact information shall be placed on the entrance and perimeter
of the fencing. The height and type of fencing shall be determined
by the special use permit process.
(3)
Verification of utility notification. Foreseeable infrastructure
upgrades shall be documented and submitted. Off-grid systems are exempt
from this requirement.
(4)
The name, address, and contact information of the applicant, property
owner(s), and agent submitting the proposed project shall be required.
(5)
If the property of the proposed project is to be leased, legal consent
between all parties, specifying the use(s) of the land for the duration
of the project, including easements and other agreements, shall be
submitted.
(6)
Site plan approval is required.
(7)
Blueprints signed by a professional engineer or registered architect
of the solar installation showing the layout of the system shall be
required.
(8)
The equipment specification sheets shall be documented and submitted
for all photovoltaic panels, significant components, mounting systems,
and inverters that are to be installed.
(9)
Property operation and maintenance plan. A property operation and
maintenance plan is required, describing continuing photovoltaic maintenance
and property upkeep, such as mowing, trimming, etc.
(10)
Safety. All ground-mounted and rooftop-mounted solar energy
system owners or operators shall provide a copy of the site plan review
application to the local Fire Chief. All means of shutting down the
solar installation shall be clearly marked.
(11)
Height restrictions. The maximum height for ground-mounted solar
systems shall not exceed 15 feet in height above the ground.
(12)
Lighting. Lighting of large-scale ground-mounted solar systems
shall be consistent with local, state and federal law. Lighting of
other parts of the installation, such as appurtenant structures, shall
be limited to that required for safety and operational purposes, and
shall be reasonably shielded from abutting properties. Where feasible,
lighting of the solar energy system shall be directed downward and
shall incorporate full cutoff fixtures to reduce light pollution.
(13)
Roadways within the site shall not be constructed of impervious
materials and shall be designed to minimize the extent of roadways
constructed and soil compaction.
(14)
All on-site utility and transmission lines shall, to the extent
feasible, be placed underground.
(15)
All large-scale solar system facilities shall be designed and
located in order to prevent reflective glare toward any inhabited
buildings on adjacent properties as well as adjacent street rights-of-way.
(16)
All mechanical equipment of a large-scale solar system, including
any structure for batteries or storage cells, shall be completely
enclosed by a minimum six-foot-high fence with a self-locking gate.
(17)
The perimeter of the large-scale solar systems shall be provided
with landscape screening to offset visual impacts and to promote aesthetic
harmony with surrounding uses. Plantings should have a minimum height
of four feet at the time of installation and shall not be set back
more than five feet from said perimeter.
(18)
A large-scale solar system connected to the utility grid shall
provide a proof of concept letter from the local utility company acknowledging
the solar farm will be interconnected to the utility grid in order
to sell electricity to the public utility entity.
(19)
Signs for large-scale solar systems. A sign not to exceed eight
square feet shall be attached to a fence adjacent to the main access
gate and shall list the facility name, owner and phone number. A clearly
visible warning sign concerning voltage must be placed at the base
of all pad-mounted transformers and substations.
(20)
Abandonment.
(a)
All applications for large-scale solar system shall be accompanied
by a decommissioning plan to be implemented upon abandonment, or cessation
of activity, or in conjunction with removal of the structure. Prior
to issuance of a building permit, the owner or operator of the facility
or structure shall post a performance bond or other suitable guarantee
in a face amount of not less than 150% of the estimated cost, as determined
by the Town Engineer, to ensure removal of the solar energy system
or facility or structure in accordance with the decommissioning plan
described below. The form of the guarantee must be reviewed and approved
by the Town Engineer and Town Attorney, and the guarantee must remain
in effect until the system is removed. Review of the guarantee by
the Town Engineer and Town Attorney shall be paid from an escrow established
by the applicant. Prior to removal of a solar energy production facility
or structure, a demolition permit for removal activities shall be
obtained from the Town of Union Vale.
(b)
If the applicant ceases operation of the solar energy system
or structure for a period of 18 months, or begins but does not complete
construction of the project within 18 months after receiving final
site plan approval, the applicant will submit a decommissioning plan
that ensures that the site will be restored to a useful, nonhazardous
condition without delay, including but not limited to the following:
[1]
Removal of above- and below-ground equipment, structures and
foundations.
[2]
Restoration of the surface grade and soil after removal of equipment.
[3]
Revegetation of restored soil areas with native seed mixes,
excluding any invasive species.
[4]
The plan shall include a time frame for the completion of site
restoration work.
(c)
In the event that construction of the solar energy system or
structure has been started but is not completed and functioning within
18 months of the issuance of the final site plan, the Town may notify
the operator and for the owner to complete construction and installation
of the facility within 180 days. If the owner and/or operator fails
to perform, the Town may notify the owner and/or operator to implement
the decommissioning plan. The decommissioning plan must be completed
within 180 days of notification by the Town.
(d)
Upon cessation of activity of a fully constructed solar energy
system or structure for a period of one year, the Town may notify
the owner and/or operator of the facility to implement the decommissioning
plan. Within 180 days of notice being served, the owner and/or operator
can either restore operation equal to 80% of approved capacity or
implement the decommissioning plan.
(e)
If the owner and/or operator fails to fully implement the decommissioning
plan within the one-hundred-eighty-day time period and restore the
site as required, the Town may, at its own expense, provide for the
restoration of the site in accordance with the decommissioning plan
and may, in accordance with the law, recover all expenses incurred
for such activities from the defaulted owner and/or operator. The
cost incurred by the Town shall be assessed against the property,
shall become a lien and tax upon said property, shall be added to
and become a part of the taxes to be levied and assessed thereon,
and enforced and collected with interest by the same officer and in
the same manner as other taxes.
H.
Solar systems in historic districts. Properties located in an historic district are subject to the requirements set forth in this section and, depending on the zoning classification of the underlying property, the special permit requirements set forth in § 210-56B(10) and § 210-56G(6):
(1)
Roof-mounted solar panels and BIPV systems are permitted by right
on accessory structures that do not contribute to the historic significance
of the site.
(2)
Solar panels shall not alter an historic site's character-defining
features or be placed within view of a public right-of-way.
(3)
All modifications to an historic site must be entirely reversible,
allowing alterations to be removed or undone to reveal the original
appearance of the site.
(4)
Exposed solar energy equipment must be consistent with the color
scheme of the underlying structure.
(5)
Setback, height, and lot coverage.
(a)
Setback. Ground-mounted solar panels are subject to setback
requirements of the underlying zoning district.
(b)
Height. Solar panels are restricted to a height of 12 feet.
(c)
Lot coverage. The surface area of ground-mounted solar panels
shall be included in lot coverage and impervious surface calculations.
(6)
The issuance of a certificate of appropriateness is required by an
historic review committee (i.e., Historic Preservation Commission)
for ground-mounted systems, BIPV systems, and all historic structures.
I.
Agricultural exemption: In addition, the exemption pertaining to
solar energy systems also exempts agricultural uses from zoning regulations
that would otherwise apply. Thus, when the majority of the power from
a solar energy system (or a wind turbine) is integral to farm production,
construction and operation of the system would be covered by the exemption.
A.
It is the objective of the Town of Union Vale in adopting
these landscape standards for parking lots, screening and buffer areas
to preserve the natural character of the community through appropriately
designed and maintained setback and yard areas while accommodating
multifamily and other nonresidential developments, including parking
lots and accessory structures appurtenant thereto.
B.
The Town's specific goals in implementing the below
landscape standards for all parking spaces except those appurtenant
to either a single- or two-family dwelling and its accessory uses
are as follows:
(1)
Provide natural visual screening of parking areas
and along property boundaries to preserve the existing visual quality
of adjacent lands.
(2)
Reduce surface storm water runoff and minimize soil
erosion through the natural filtering capability of landscaped areas.
(3)
Provide natural buffers that provide suitable habitat
for wildlife and reduce noise and glare.
(4)
Moderate the microclimate of parking areas by providing
shade, absorbing reflected heat from paved surfaces and creating natural
windbreaks.
(5)
Enhance the overall visual quality of new development
by providing a variety of indigenous plant materials that are consistent
and compatible with the existing natural vegetation of the area.
C.
Design standards.
(1)
Parking lots.
(a)
Off-street parking and loading areas shall be
curbed and landscaped with appropriate trees, shrubs and other plant
materials and ground cover, as approved by the Planning Board, based
on consideration of the adequacy of the proposed landscaping to assure
the establishment of a safe and convenient and attractive parking
facility needing a minimum amount of maintenance, including plant
care, snowplowing and the removal of leaves and other debris.
(b)
At least one tree not less than three-inch caliper
measured at breast height at the time of planting shall be provided
within any such parking area for each eight parking spaces. In all
off-street parking areas containing 20 or more parking spaces, at
least 20% of the interior of the parking area shall be curbed and
landscaped with trees, shrubs and other plant material.
(c)
In the case of larger parking areas for more
than 40 cars, raised planting islands at least 12 feet in width shall
be provided to guide vehicular movement and to separate opposing rows
of parking spaces so as to provide adequate space for plant growth,
pedestrian circulation, and vehicle overhang. Such raised planting
islands and the landscaping within them shall be designed and arranged
in such a way as to provide vertical definition to major traffic circulation
aisles, entrances and exits, to channel internal traffic flow and
prevent indiscriminate diagonal movement of vehicles and to provide
relief from the visual monotony and shadeless expanse of a large parking
area. Curbs of such islands shall be designed so as to facilitate
surface drainage and prevent vehicles from overlapping sidewalks or
other pedestrian ways and damaging plant materials.
(d)
No obstruction to driver vision shall be erected
or maintained on any lot within the triangle formed by the street
line of such lot, the outer edge of the access driveway to the parking
area and a line drawn along such street and access drive 30 feet distant
from their point of intersection.
(e)
All self-propelled equipment employed in parking
area and other site maintenance, including all accessories thereto,
shall be stored in enclosed structures, which structures shall conform
to the architectural theme of the development.
(2)
Screening and buffer areas.
(a)
All portions of multifamily and nonresidential
properties which are not used for buildings, structures, off-street
parking and loading areas, pedestrian areas or similar appurtenant
features shall be suitably landscaped and permanently maintained with
planting of trees, shrubbery and ground cover, as approved by the
Planning Board as part of the site plan, so as to minimize erosion
and storm water runoff and harmoniously blend such uses with the rural
residential character of the Town as a whole.
(b)
On all properties developed for multifamily
or nonresidential use, a landscaped buffer area shall be required
to provide for visual or physical year-round separation between abutting
and potentially incompatible land uses. The buffer shall be adequate
to screen and protect neighboring residential properties from the
view of uses and parking areas on the site. The buffer area shall
be a portion of the required yard along any lot line abutting or directly
across the street from a lot in a residential district. The buffer
area shall be at least 25 feet in depth and consist of a combination
of mature canopy and understory plantings to provide immediate screening.
D.
Plan submission requirements. Adequate plans for the installation of required fences, screens and landscaping shall be submitted and reviewed by the Planning Board in accordance with the site plan and special permit review and approval procedures set forth in Articles VI and VII, respectively, of this chapter. The retention and enhancement of existing vegetation, the introduction of substantial new vegetation and the introduction of earthen berming shall be considered the preferred means to satisfy screening requirements, with the use of wall-type fencing deemed less appropriate to the rural character of the Town of Union Vale.
E.
Maintenance requirements. Any required fences, screens
and landscaping, installed in accordance with this chapter shall,
as a condition of the certificate of occupancy, be maintained in good
order to achieve the objectives stated herein. Failure to maintain
in a workmanlike manner or to replace as may be necessary either dead
or diseased landscaping or damaged or otherwise deteriorating fencing
shall be considered a chargeable violation of this chapter.
Any enclosed or unenclosed storage, business,
commercial or light industrial use permitted by this chapter shall
be provided with a fence, screening by existing plant materials and/or
introduced landscaping sufficient to obscure the view of such use
from adjoining properties in residential zoning districts and public
rights-of-way.
A.
Any use which is not conducted within a completely
enclosed building, including but not limited to either a storage or
contractor's yard, and parking, loading and service areas of all descriptions,
and which use abuts or is located within a residential zoning district
or fronts a public right-of-way shall not be located within the required
front yard and shall be obscured from view from such residential zoning
districts and public rights-of-way in an effective manner.
B.
Adequate plans for the installation of required fences, retention of natural plant materials and introduction of landscaping shall be reviewed by the Planning Board in accordance with the provision of Articles VI and VII of this chapter regarding the special use permit and site plan review procedures. The retention and enhancement of existing vegetation, the introduction of substantial new vegetation, and the introduction of earthen berming shall be considered the preferred means to satisfy these screenings
C.
Any required fences, retained natural plant materials
or landscaping installed in accordance with this chapter shall, as
a condition of the certificate of occupancy for the use or premises,
be maintained in good order to achieve the objectives stated herein.
Failure to maintain in a workmanlike manner fencing or to replace
as may be necessary dead or diseased plant material, including but
not limited to introduced landscaping, or damaged or otherwise deteriorating
fencing shall be considered a chargeable violation of this chapter.
Agriculture, as defined in Article XII, § 210-86A, of this chapter and encouraged under Chapter 124, Farming, of the Town of Union Vale Town Code, shall be permitted in all zoning districts, provided that the following criteria are met:
A.
No fur-bearing animals shall be kept or cage-type
poultry operations maintained on a nonfarm parcel in any zoning district.
B.
No horse, cow, hog, beef cattle, sheep, goat or other
large farm animal shall be kept on a nonfarm parcel of less than five
acres in any zoning district.
C.
Not more than 12 adult or fully grown chickens, ducks,
geese or other fowl or birds of any type, rabbits or other small farm
animals, or a combination thereof, shall be kept on a nonfarm parcel
of less than five acres in any zoning district.
In any zoning district where agricultural uses
are permitted, the keeping of fowl and farm animals on nonfarm parcels
of at least five acres but less than 15 acres shall be limited as
follows:
A.
The keeping of one horse, cow, hog, beef cattle, sheep,
goat or other large farm animal shall be permitted on the first five
acres of land with one additional large farm animal authorized on
each additional full acre.
B.
The keeping of not more than 12 adult or fully grown
chickens, ducks, geese or other fowl or birds of any type, rabbits
or other small farm animals, or a combination thereof, shall be permitted
on the first five acres of land and on each additional full acre.
C.
No building or other fully or partially enclosed structure
or portion thereof housing horses or other large farm animals shall
be permitted within 100 feet of any lot line. No fenced area for large
farm animals shall be located closer than 100 feet to an existing
neighboring residence.
D.
No building or other fully or partially enclosed structure
or portion thereof housing more than 12 adult or fully grown chickens,
ducks, geese or other fowl or birds of any type, rabbits or other
small farm animals, or a combination thereof, shall be located less
than 50 feet from any lot line or within 100 feet of the nearest residence.
E.
Manure shall be stored in such a manner that it will
not create a health hazard or constitute a public nuisance. Manure
shall not be stored less than 100 feet from any lot line, stream or
other water body, less than 150 feet from any well or spring providing
a source of potable water nor within 200 feet of the nearest neighboring
residence.
A roadside stand, as defined in Article XII, § 210-86A, of this chapter, shall as set forth within the District Schedule of Use Regulations be authorized by special use permit in the RD10, RA5 and RA3 Districts as a seasonal accessory use related to the agricultural activity occurring on either a farm or a nonfarm parcel, provided that:
A.
The total floor area of the roadside stand shall not
exceed 40 square feet.
B.
The roadside stand is located a minimum of 20 feet
from any street or highway right-of-way line.
C.
The roadside stand shall be solely for seasonal display
and sale of agricultural products grown principally on the premises
or, in limited quantity, elsewhere by the operator of the roadside
stand or other occupant of the premises.
D.
Signage shall be limited to a single sign, nonpermanent
but securely mounted, not greater than six square feet in area and
located not less than five feet from any street or highway right-of-way
line.
E.
Upon cessation of the use for more than one calendar
year, the roadside stand shall be removed from the premises or moved
to a location thereon where it may be adaptively used as a legal accessory
structure.
[Amended 3-11-2010 by L.L. No. 12-2010]
A.
The operation of a farm and the conduct of generally accepted agricultural and farm management practices, each as defined in Article XII, § 210-86A, of this chapter, shall be permitted in all zoning districts in accordance with Chapter 124, Farming, of the Code of the Town of Union Vale. This authorization shall be specifically construed to include the following uses:
B.
Housing for farm principals and employees shall, as set forth in the District Schedule of Use Regulations, be authorized by special use permit as an accessory use on a farm parcel in all zoning districts, except the Airport (A), Neighborhood Commercial (NC) and Town Center (TC) Districts, in accordance with Chapter 124, Farming, of the Code of the Town of Union Vale, and the below standards:
(1)
The housing shall be provided exclusively for either
seasonal workers or for farm principals and employees, and the families
of such farm principals and employees, who gain their primary income
from employment on the farm parcel by the host farm on a full-time
year-round basis.
(2)
The housing may consist of the following housing types:
single-family dwellings, including mobile homes; two-family dwellings
and multiple dwellings.
(3)
The housing shall comply with the following requirements:
(a)
The housing shall be supported by adequate water
supply and sewage disposal facilities in accordance with the standards
of the Dutchess County Health Department.
(b)
The housing shall be in compliance with the
applicable provisions of the New York State Uniform Fire Prevention
and Building Code and all other applicable laws, ordinances and regulations
applicable to either building construction or maintenance of farm
labor housing.
(c)
If either intended for seasonal use or in the form of a mobile home, the housing shall be located on the farm parcel no closer to the front property line or any other street line than the principal farm dwelling and shall meet all other minimum setback requirements for a principal dwelling in the zoning district as set forth in the District Schedule of Area and Bulk Regulations found at Article IV, § 210-11, of this chapter. Such housing shall, to the extent practicable, additionally be screened by vegetation and/or landform from adjacent properties and public rights-of-way.
(d)
If intended for seasonal use or in the form
of a mobile home, such housing shall be immediately moved from the
site upon cessation of farm operations and may not be occupied for
nonfarm purposes. The property owner shall specifically acknowledge,
in writing, this requirement prior to the issuance of a building permit
or certificate of occupancy for the intended building or use.
(e)
In all other cases, each house site and related water supply and sanitary sewage facilities shall be located so that the house lot could be legally subdivided from the farm parcel and occupied as a residential dwelling in strict accordance with Chapter 192, Subdivision of Land, of the Town of Union Vale Town Code, this chapter and the applicable regulations for water supply and sanitary sewage facilities administered by the Dutchess County Health Department.
C.
The conduct of a farm industry, as defined in Article XII, § 210-86A, of this chapter, shall, as set forth in the District Schedule of Use Regulations, be authorized by special use permit as an accessory use on a farm parcel in the RD10, RA5 and RA3 Districts, provided that:
(1)
The scale of the farm industry shall be clearly subordinate
to the farm operation and must be discontinued immediately upon cessation
of the farm operation unless otherwise authorized as a permitted principal
or accessory use, i.e., a home occupation, within the zoning district,
in which event all requirements applicable to the permitted principal
or accessory use would have to then be met.
(2)
The farm industry shall be conducted through the primary
use of buildings, equipment and other facilities integral to the farm
operation.
(3)
The farm industry shall be operated by the farm owner
and involve as outside employees only those otherwise engaged in the
agricultural operation to which the farm industry is subordinate.
(4)
Permitted farm industry uses.
(a)
The farm industry may include one or more of the following on-site uses, provided that the general performance standards otherwise set forth in Article V, § 210-24, of this chapter for nonresidential and nonagricultural uses are met and the use is conducted, to the extent practicable, in an enclosed structure appurtenant to the farm operation:
[1]
Welding.
[2]
Agricultural machinery repair.
[3]
Woodworking.
[4]
Tack and harness repair, horseshoeing and blacksmith
work.
[5]
Dressing of game.
[6]
Firewood preparation and sales.
[7]
Processing of locally produced agricultural
products.
[8]
Veterinarian's office and/or animal hospital.
[9]
Marine, recreational vehicle, classic automobile
and related seasonal storage.
(b)
Subject to compliance with the aforesaid general
performance standards, the farm industry may further include the business
and equipment/material storage functions associated with the following
uses, provided that such storage functions are wholly enclosed or
effectively screened by intervening landform and vegetation throughout
all seasons of the year from neighboring residential properties and
public rights-of-way:
(c)
A separate certificate of occupancy shall be
required for the farm industry activity with the farm industry use
not deemed authorized by the mere presence of the farm, i.e., the
agricultural and related principal residential use occurring on the
premises. As a condition precedent to the issuance of such certificate,
the property owner shall specifically acknowledge, in writing, the
requirement that the accessory farm industry cease operation immediately
if discontinuance of the farm use to which such farm industry is accessory
should occur.
D.
To the extent any clearing and grading of land, any construction of agricultural buildings and other structures, or the installation of any farm-related improvements may require an approval by the Planning Board or other agencies of the Town, it shall be the policy of the Town to integrate, to the extent practicable, required review and approval processes under this chapter and other Code chapters, including but not limited to Chapter 105, Building Construction and Fire Prevention, Chapter 122, Erosion and Sediment Control, and Chapter 135, Flood Damage Prevention. In the case of any requirement for site plan review and approval pursuant to Article VII of this chapter, the below expedited agricultural site plan review and approval process shall be employed by the Planning Board:
(1)
The
applicant shall submit the required application form and fee, including
the name and address of the applicant, any professional advisors,
the owner of the property, and accompanied by written authorization
for any parties who may be serving as agents before the Planning Board.
(2)
The
applicant shall submit an existing conditions sketch of the parcel
on a location map (such as a copy of a survey or tax map) showing
the boundaries and dimensions of the parcel of land involved and identifying
contiguous properties and any known easements or rights-of-way and
roadways. On this map, the applicant shall also show the existing
features of the site, including land and water areas, water supply
and/or sanitary sewage systems and the approximate location of all
existing structures on or immediately adjacent to the site.
(3)
The
existing conditions sketch shall either be accompanied by a second
sketch depicting the proposed location and arrangement of buildings
and uses on the site, including access and egress, parking and circulation,
or this information shall be overlain on the existing conditions sketch.
(4)
The
proposed conditions sketch shall be accompanied by a sketch depicting
any proposed buildings or structures, including their exterior dimensions
and elevations of their front, side and rear views.
(5)
The
above sketches shall be accompanied by a narrative description of
the intended use and the proposed building(s) and/or structure(s),
including any proposed changes in existing topography and natural
features of the parcel intended to accommodate the proposed changes
in topography.
(7)
If
the intended work exceeds the thresholds set forth within Town Code
Chapter 122, Erosion and Sediment Control, for requirements of a stormwater
pollution prevention plan (SWPP), additional information shall be
submitted in accordance with the requirements set forth within said
Chapter 122.
(9)
Plans or drawings of any buildings or structures stamped and sealed by a licensed design professional shall be required only when the proposed improvements are not subject to the exceptions stated in New York State Education Law § 7209(7)(b) or such plans or drawings are required by the Code Enforcement Officer in the administration of Town Code Chapter 105, Building Construction and Fire Prevention.
(10)
Upon receipt by the Planning Board of the above information, the agricultural site plan application will be referred to the Dutchess County Department of Planning and Development in accordance with Article VII, § 210-65B(3), of this chapter, if applicable, prior to site plan approval. The Planning board may cause the submission to be reviewed by its consultants and conduct a public hearing on the proposed site plan, depending upon the nature of the application and the degree of public interest. Action by the Planning Board shall follow the procedures enumerated in Article VII, § 210-65F, of this chapter.
Neither more than one commercial vehicle in
excess of 20 feet in length nor more than a total of two camping or
other trailers, boats or motorized recreational vehicles of any type
may be stored outside on a lot in a residential district. All such
outdoor storage shall occur as inconspicuously as possible on the
lot and may not occur within the minimum required front yard. No such
commercial vehicle shall be stored within 100 feet of an adjoining
residential lot line nor shall a camping trailer or boat be stored
within 25 feet of an adjoining lot line unless a dense natural vegetative
screen is planted and maintained, in which case the above-stated minimum
distances may be reduced to 50 feet and 15 feet, respectively.
Communication towers and pole-mounted or ground-mounted
antennas shall be permitted for nonprofit, noncommercial purposes
in all zoning districts, provided that:
A.
There shall be no more than one communication tower
installed on any lot or parcel on a residential premises which tower
may not be installed either closer to the front property line than
the principal dwelling on the lot or within any other required yard
area.
B.
Any such communication tower shall be not more than 35 feet in height measured to its highest point, including any appurtenances thereto, from the ground elevation at its base and shall be set back a distance not less than the height of the tower plus an additional 10 feet from any lot line, or as may be more strictly regulated by § 210-44A above.
C.
The view of any such communication tower shall be
screened to the extent practicable by intervening landform or vegetation
from adjacent residential properties and those traveling on public
rights-of-way.
D.
Any dish antenna, whether attached to a building or
installed as a ground- or pole-mounted structure, shall be set back
a minimum of 35 feet from any property line. The dish antenna shall,
in addition, be at least partially screened by intervening vegetation
or landform from adjacent property lines or public rights-of-way to
the extent practicable and without adversely affecting the operation
of the dish antenna.
E.
Furthermore, no such ground- or pole-mounted dish
antenna shall encroach upon the minimum required front yard specified
by the District Schedule of Area and Bulk Regulations for the zoning
district.
F.
As an exception and in consideration of applicable Federal Communications Commission (FCC) regulations, a ground- or pole-mounted dish antenna may be located within the minimum required front yard or closer to any other property line than specified in § 210-44D and E above upon submission of reliable documentation to the Zoning Board of Appeals demonstrating that compliance with the standards set forth therein would adversely affect the operation and utility of the dish antenna so as to render it ineffective.
G.
No ground-mounted dish antenna shall exceed 12 feet
in diameter or 15 feet height measured from its highest point to the
ground elevation at its base.
H.
No building or roof-mounted antenna shall exceed four
feet in diameter or extend, as measured from its highest point, beyond
either a height of 35 feet or more than six feet above the highest
point in the roof of the building to which it is attached, whichever
is the more restrictive.
I.
Any ground- or pole-mounted antenna shall be:
(1)
Properly anchored, adequately grounded and connected
to its receiver by underground wiring.
(2)
Designed and located, to the extent practicable, to
minimize visual impact on adjacent property and public rights-of-way,
with black mesh preferred for dish antennas due to its significantly
reduced visual effect.
A.
Temporary buildings. Temporary buildings shall be
used for construction or development purposes only. Such buildings
shall not be used as sales offices or as places for human habitation.
No such building may be sited prior to the issuance of a building
permit or subdivision plat approval, as may be applicable to a realty
subdivision project, and shall be removed within 30 calendar days
of the completion of construction of the development project. The
above notwithstanding, no such temporary building shall be in place
for a period of more than two calendar years and its removal shall
be considered a condition precedent to issuance of any final certificate
of occupancy for the development project.
B.
Temporary open storage facility. No temporary storage
facility shall be maintained within any district, except as accessory
to an approved construction site where authorized work is being diligently
pursued.
C.
Carnivals, fairs, circuses and other events. Nothing
in this chapter shall be construed as prohibiting a church, school,
civic association, or similar nonprofit organization from holding
a fair, carnival, circus, flea market, horse show or similar event
for a period not exceeding three calendar days upon its premises,
the profit from which event is for the sole benefit of said applicant
or other designated noncommercial beneficiary, or as requiring a permit
therefor. Upon specific request, the Code Enforcement Officer may,
in accordance with the District Schedule of Use Regulations, further
issue a permit to any such organization located in the Town of Union
Vale to hold such an event upon certain premises other than those
of the applicant.
D.
Garage, yard and barn sales. Nothing in this chapter
shall be construed as prohibiting private garage, yard and barn sales
or requiring the issuance of a permit therefor, provided that the
following standards are met:
(1)
No such sale shall last longer than three consecutive
calendar days.
(2)
No premises shall be the location of more than two
such sales within one calendar year.
(3)
All sales shall be conducted on the owner's property.
The above notwithstanding, multiple-family or neighborhood sales are
permitted, provided that the sale is held on the property of one or
more of the participants.
(4)
No goods purchased for resale may be offered for sale.
(5)
No consignment goods may be offered for sale.
(6)
No directional or advertising sign associated with
the sale shall exceed four square feet in area.
(7)
No directional or advertising sign shall be displayed
more than 24 hours prior to the sale, and each such sign shall be
removed immediately upon completion of the sale.
The Zoning District Map set forth in Article II, § 210-6, of this chapter delineates the boundaries of the Hamlet (H) District and the District Schedule of Use Regulations found at Article III, § 210-10, establishes opportunity for an appropriate mix of residential and small-scale retail, commercial, community facility and personal service uses therein. In order to ensure the inclusion of these nonresidential uses will vitalize the Hamlet District and enhance its overall character without diminishing either its viability as a residential area or the integrity of its historic resources, the Town has set forth the additional regulations which follow to supplement the underlying development parameters for the District, including the use and area and bulk standards set forth with the District Schedule of Use Regulations and the District Schedule of Area and Bulk Regulations, respectively.
A.
Except for church or other place of religious worship
and boarding stable, no use authorized by special use permit shall
occupy more than 1,500 square feet of gross floor area, including
customer, client or guest space and related storage and other supporting
facilities.
B.
Any development, including the conversion of an existing
principal or accessory structure to accommodate authorized nonresidential
use, shall be found by the Planning Board through its consideration
of a certificate of appropriateness to be consistent with the following
standards and all other pertinent requirements of this chapter:
(1)
Any alteration of, or addition to, an existing structure
shall respect the inherent integrity of the structure and the prevailing
architectural character of the Hamlet District.
(2)
All new structures or additions to existing structures
shall be architecturally compatible with the existing structures.
(3)
Any intended demolition of an existing structure shall
be determined either to be of no adverse effect on the overall character
of the Hamlet District or without reasonable alternative, including
consideration of the relocation of the structure within the parcel,
elsewhere within the Hamlet District or outside the District.
(4)
Any development shall respect the sensitive nature
of the Sprout Creek and, to the greatest extent practicable, maintain
a natural buffer area of 100 feet between the closer stream bank and
any structures, parking areas and supporting infrastructure.
The Town of Union Vale has recognized through its establishment at Article II, § 210-5, of this chapter of both the Airport (A) District and the Airport Overlay (A-O) District and the delineation of such districts on the Zoning District Map set forth in Article II, § 210-6 herein, both the unique land use concerns and development opportunities associated with the presence of an active airport facility within the Town. In order to balance the purposes stated below in § 210-47A, the Town has set forth the additional regulations within the following § 210-47B through D of this section to supplement the other pertinent provisions of this chapter.
A.
Purposes. Regulations and other special requirements
pertaining to the Airport (A) and Airport-Overlay Districts have been
established so as to balance the following purposes:
(1)
To encourage continuing private and public investment
at Sky Acres Airport to ensure that the airport can be operated and
maintained as a safe and functional airport in accordance with Federal
Aviation Administration (FAA) standards for such a general aviation
facility.
(2)
To authorize as part of the airport development those
accessory uses that are set forth on the approved facility master
plan and contribute to its convenience for pilots and other persons
using the airport.
(3)
To authorize as either coprincipal uses of the airport
parcel or as a principal use of other parcels within the Airport District
development of those facilities and business enterprises uniquely
dependent upon location at or adjacent to an airport.
(4)
To control development within the Airport District
to avoid, to the extent practicable, interference by either the airport,
its authorized accessory uses or other authorized airport-related
principal uses with use and enjoyment of their properties by owners
of adjacent residential properties and/or residentially zoned lands.
(5)
To ensure to the extent practicable as an integral
part of the Town's land use and development review and approval processes
that those acquiring property within the vicinity of Sky Acres Airport,
and most particularly those considering the acquisition of lands,
below the FAA-recognized arrival and departure flight tracks for Runways
17 and 35 are aware of the presence of the Airport and provided disclosure
to the effect that noise associated with authorized aircraft activity
and/or noise and light associated with Airport operations may be routinely
experienced on their property.
B.
Authorized uses. In accordance with the aforesaid
purposes, the following uses are authorized within the Airport District:
(1)
As accessory uses, each of which uses shall be subject to site plan approval in accordance with the procedure and standards set forth within Article VII of this chapter:
(a)
As accessory uses directly related to and on
the same parcel as the principal permitted airport use:
[1]
Parking and loading area.
[2]
Emergency services facilities.
[3]
Aircraft tie-downs.
[4]
Aircraft hangars for the storage of a single
aircraft, typically a T-hangar.
[5]
Fuel storage and sales exclusively in support
of airport activity.
[6]
Administrative office in support of airport
operations.
[7]
Airport maintenance shop facilities.
[8]
Coffee shop or similar food service establishment,
not to exceed seating for 20 persons.
[9]
Retail shop for aviation-related supplies, accessories
and gifts, not to exceed 1,000 square feet of gross building floor
area.
[10]
Pilot's lounge, locker room and related facilities,
not to include overnight lodging.
[11]
Signage.
[12]
On-site utility services.
[13]
Communications facilities essential to airport
operations.
[14]
Satellite dish antennas.
(2)
As either coprincipal uses of the airport parcel or as a principal use of other parcels within the Airport District, each of which airport-related uses shall be subject to the issuance of a special use permit and site plan approval in accordance with the procedures and standards set forth within Articles VI and VII, respectively, of this chapter:
(a)
Office, trade shop and light manufacturing uses,
provided that any such use shall be conducted wholly indoors and shall
occupy, whether individually or in combination with another authorized
office, trade shop or light manufacturing use, not more 10,000 square
feet of gross floor area on a lot, parcel or premises.
(b)
Aircraft hangars designed to accommodate more
than a single aircraft.
(c)
Aviation schools and flight and ground instruction.
(d)
Airplane rental and sales.
(e)
Airplane maintenance and repair shop facilities.
(f)
Airplane salvage and/or fabrication, repair
and testing of aircraft equipment and parts, including associated
storage, not to exceed either 20,000 square feet of gross building
floor area or 20,000 square feet of gross land area used as an outdoor
storage yard.
(g)
Office and research buildings occupied principally
in support of other Airport District uses, not to exceed 10,000 square
feet in gross building floor area.
(h)
Restaurant, not to exceed seating for 50 persons
and with direct access to airport facilities.
C.
Required setback for airport district uses from residentially
zoned lands.
(1)
Except for accessory signage, no development or use
of buildings and/or lands for airport or airport-related uses permitted
within the Airport District pursuant to the District Schedule of Use
Regulations, whether such development or use is classified as a principal
use or an accessory use, shall be located within 150 feet of the boundary
of any residential zoning district.
(2)
The above notwithstanding, a taxiway may be developed
across the 150 foot wide buffer area to accommodate the aircraft of
owners of residential lots within an airport residential subdivision
that may be developed by special use permit on RA3 District lands
contiguous to Sky Acres Airport.
D.
Outdoor storage areas. Any outdoor storage area within
the Airport District shall comply with each of the following criteria:
(1)
The outdoor storage area shall at all times be confined
to the specific lot or parcel area delineated for such purpose on
a site plan approved by the Town Planning Board.
(2)
The outdoor storage area, including related screening,
shall be continuously maintained in a neat and orderly manner.
(3)
The outdoor storage area shall house only those types
of parts, equipment or other material set forth in the certificate
of occupancy.
(4)
The outdoor storage area shall be suitably screened
throughout all seasons of the year from view from public rights-of-way
and neighboring properties either independently or through an appropriate
combination of intervening landform, natural vegetation and fencing.
E.
Effect of designation as open development area.
(1)
The following criteria apply to the development and
use of buildings and/or lands for either principal and/or accessory
uses authorized within the district pursuant to the District Schedule
of Use Regulations within any portion of the Airport District which
either has heretofore been or may in the future be established by
the Town Board as an open development area pursuant to the provisions
of § 280-a, Subdivision 4, of the Town Law:
(2)
Lots within such open development area shall not be
required to have either direct access to or frontage on a public roadway.
Such lots may gain access to the public roadway via a private roadway
and have frontage on a private roadway, provided that such roadway
is depicted on a subdivision plat approved by the Town Planning Board
and installed, owned and maintained in accordance with the below-stated
criteria:
(a)
Design criteria shall be as follows:
[1]
Minimum right-of-way (ROW) or easement width
of 45 feet.
[2]
Minimum cartway width of 22 feet.
[3]
Minimum stabilized shoulder width of three feet.
[4]
Minimum foundation course of 12 inches of mechanically
compacted gravel.
[5]
Minimum surface of three inches of asphalt concrete
base and two inches of asphalt concrete wearing surface.
(b)
Use, ownership and maintenance agreement. The
private roadway shall be the subject of an agreement establishing
terms for its long-term use, ownership and maintenance, such agreement
to be first reviewed and deemed satisfactory by the Planning Board
and then recorded in the Dutchess County Clerk's office simultaneously
with the filing of the approved subdivision plat.
(c)
Dual use of aircraft and roadway vehicles. To
the extent such private roadway or part thereof is intended to accommodate
the dual movement of aircraft and typical roadway vehicles, a gate
or similar control structure satisfactory to the Planning Board shall
be provided to ensure that vehicular access to the private roadway
or part thereof is strictly limited.
(d)
Application of minimum lot area requirements.
[1]
Except where deemed necessary by the Planning
Board, the minimum lot area and dimensional requirements established
for the Airport District within the District Schedule of Area and
Bulk Regulations shall not be applied to any lot created and limited
by a legally binding instrument enforceable by the Town of Union Vale
to a use that would otherwise be deemed an accessory use pursuant
to the District Schedule of Use Regulations if located on the parcel
developed for airport use.
[2]
Proposed lot area, frontage, width and depth
parameters for such lots shall be reviewed by the Planning Board and
minimum acceptable standards established as part of the subdivision
plat review and approval process in consideration of factors the Board
deems pertinent, including but not limited to the following:
[a]
The intended purpose of each of
the lots.
[b]
The level of supporting infrastructure
either proposed or required pursuant to Occupational Safety and Health
Administration (OSHA), Health Department or other regulations.
[c]
Conformance to minimum requirements
of the New York State Uniform Fire Prevention and Building Code.
[d]
The relationship of the affected
land area to other lots or improvements as either simultaneously proposed
by the landowner or otherwise described on the master plan for Sky
Acres Airport.
[3]
The above procedure notwithstanding and except
as may be authorized for intended T-hangar development, no lot created
upon authorization of the Planning Board shall contain less than 60,000
square feet or have less than 100 feet of roadway frontage.
[4]
Furthermore, the minimum lot dimension requirements
set forth within the District Schedule of Area and Bulk Regulations
shall continue to apply to all other lots within the Airport District,
whether located within or outside an open development area.
[5]
Minimum yard requirements established for the
Airport District within the District Schedule of Area and Bulk Regulations
may be modified by the Planning Board during the site plan review
and approval process to the extent authorized herein for development
of any lot within an open development area:
[a]
Minimum front, side and/or rear
yard requirements may be reduced at the discretion of the Planning
Board or wholly eliminated to accommodate the siting or nesting of
that type of individual aircraft hangar commonly known as a T-hangar.
[6]
The maximum building coverage standard of 25%
established for the Airport District within the District Schedule
of Area and Bulk Regulations may be increased at the discretion of
the Planning Board and to the extent such may apply, the minimum open
space requirement of 35% may also be decreased by the Planning Board
in order to accommodate the siting or nesting of T-hangars.
F.
Design considerations and disclosure requirements
within the Airport Overlay (A-O) District. The following criteria
shall be applied by the Planning Board during its review of any application
for subdivision plat or site plan approval or issuance of a special
use permit for the proposed development of a residential subdivision,
or for the establishment of residential or institutional uses and
community facilities, services and uses, within the Airport Overlay
(A-O) District:
(1)
To the extent practicable, through the employ of the
residential cluster subdivision technique and other efforts at modified
site configuration, the Planning Board shall encourage, but not mandate,
the applicant to carry out development at the location within the
property least impacted by either the FAA-recognized arrival and departure
flight tracks for Sky Acres Airport Runways 17 and 35 and/or the property's
otherwise proximate location to the Airport.
(2)
In all cases, require there be a conspicuous note,
supplemented by graphic depiction where pertinent, placed on the subdivision
plat or site plan advising generally of the presence of the property
within the Airport Overlay (A-O) District and explicitly of the relationship
of the property to the FAA-recognized arrival and departure flight
tracks for Sky Acres Airport Runways 17 and 35 and/or the property's
otherwise proximate location to the Airport. Said note shall further
state that due to such location users of the property should routinely
expect to experience noise associated with authorized air traffic
and/or noise and light associated with Airport operations.
A.
The Town of Union Vale declares that the protection
of its surface and ground water resources, including its wetlands,
streams and aquifers, historic and cultural resources and lands within
certified agricultural districts, including important farmlands, is
a vital public purpose and that, to the extent practicable, future
development of the Town should minimize alteration of, and construction
within and immediately adjacent to, these significant environmental
resource areas.
B.
In furtherance of this objective, Article II, § 210-5, of this chapter established the Environmental Resource Overlay (ER-O) District as an overlay district in which the additional regulations set forth in this section supplement, but do not replace, the use regulations and the area and bulk regulations otherwise applicable to the underlying zoning district or as may further be in effect due to the presence of certain lands within the Flood-Fringe Overlay (FF-O) District. If there is any conflict between the requirements of the ER-O District and either the underlying zoning district or the FF-O District, the more restrictive requirement or requirements shall apply.
C.
In considering any application for the issuance of a special use permit or the approval of a site plan in accordance with Articles VI and VII, respectively, of this chapter or any application for approval of a subdivision plat pursuant to Chapter 192, Subdivision of Land, of the Code of the Town of Union Vale, the Planning Board shall, to the maximum extent practicable, ensure that heretofore undeveloped lands delineated within the Environmental Resource Overlay (ER-O) District set forth in § 210-5 of this chapter be maintained as perpetual open space and as an appropriate setting or context for the historic buildings located thereon or in the vicinity thereof, directing allowable new development onto other lands, if any, held by the applicant outside the ER-O District.
D.
The Environmental Resource Overlay (ER-O) District Map set forth pursuant to this section complements the above-cited Zoning District Map and, as set forth within Article II, § 210-6, of this chapter is annexed thereto and considered to be an appurtenant part thereof. The former delineates directly or through reference to available mapping from county, state or federal planning agencies and jurisdictional authorities more precisely the areas subject to the more specific regulations set forth below based upon the presence of the captioned environmental resource.
(1)
Wetlands and streams. The protection of wetlands and
stream corridors is essential to the maintenance of water quality
and the sustenance of wildlife habitat. It is, therefore, deemed necessary
for the Town of Union Vale to create adequate buffers to protect those
wetlands and streams from development encroachment, erosion and water
quality degradation caused by either surface or subsurface runoff.
(a)
Regulated wetlands under this chapter consist
of the following:
[1]
All New York State Freshwater Wetlands, Classes
I, II and III, as delineated by the NYS Department of Environmental
Conservation pursuant to Article 24 of the Environmental Conservation
Law, including but not limited to those depicted on a 1987 map entitled
NYSDEC Freshwater Wetlands, Verbank Quadrangle.
[2]
All Federal Wetlands subject to jurisdiction
by the U.S. Army Corps of Engineers pursuant to § 404 of
the Clean Water Act, including but not limited to those depicted on
a 1989 map entitled National Wetland Inventory, Verbank Quadrangle.
(b)
Regulated streams under this chapter consist
of the following:
[1]
All classified streams subject to regulation
by the New York State Department of Environmental Conservation pursuant
to Article 15 of the Environmental Conservation Law as set forth on
the NYSDEC Waters Index and as depicted on a map entitled NYSDEC Biological
Survey, Verbank Quadrangle.
[2]
Any other streams that may upon recommendation
of the Conservation Advisory Council be designated as regulated streams
for purposes of this chapter by the Town Board.
(c)
Boundaries; buffers.
[1]
There shall be no construction, filling, excavation,
clearing of mature trees, grading or other alteration of the natural
landscape or application of fertilizers, pesticides or herbicides
beyond the level of generally accepted agricultural practices, as
endorsed by the New York State Department of Agriculture and Markets,
New York State Department of Environmental Conservation and the Federal
Environmental Protection Agency, or dumping or disposal of any materials
by human beings within 100 feet of either the boundary of any wetland
or either of the normal stream banks of any stream regulated hereunder
without the prior issuance of a special use permit by the Planning
Board.
[2]
The above notwithstanding, a natural vegetated
buffer of trees, shrubs and grasses not less than 50 feet wide shall
in all circumstances be maintained from either the normal stream bank
or wetland boundary for all uses and activities except for those dependent
upon the recreational use of the stream course or the employ of either
the stream course or the wetland as a source of water for emergency
or agricultural purposes.
(d)
Application for such special use permit shall be made in accordance with the requirements of Article VI of this chapter. The Planning Board may consult with the Conservation Advisory Council and other persons and agencies in review of the application and may issue the special use permit only upon a specific finding that both of the following criteria are met:
[1]
Prohibition of the proposed use or activity,
while desirable in terms of environmental objectives, would be unreasonable
as applied to the particular parcel and impose an unreasonable economic
burden upon the owner.
[2]
The Planning Board has been able to define appropriate
conditions for attachment to the special use permit to reasonably
ensure that the proposed use or activity will not result in erosion
or stream pollution from surface or subsurface runoff, diminish the
capability of the stream or wetland to function as a drainage catchment,
or adversely affect the characteristics of the stream or wetland as
a wildlife or aquatic habitat.
(2)
Aquifers and wellheads. It is in the overall public
interest to preserve the quality and quantity of the Town's groundwater
resources to ensure a safe and adequate water supply for present and
future generations. Accordingly, the Town of Union Vale seeks to protect
groundwater resources currently in use and those aquifers having potential
for future use as substantial water supplies through delineation of
both aquifers and their secondary protection zones and wellhead protection
areas to the extent practicable, through reference to other maps and
data sources as pertinent, on the aforementioned Environmental Resource
Overlay (ER-O) District Map and the imposition of the regulations
set forth herein:
(a)
Within both the aquifer and wellhead protection
areas, including any delineated secondary protection zone, the following
uses and activities shall be specifically deemed to be prohibited
uses and activities except as may be clearly incidental and accessory
to a permitted agricultural or residential land use:
[1]
The disposal, storage or treatment of hazardous
and solid waste material, not to be construed as the maintenance of
a composting pile accessory to a residence or other use.
[2]
Outdoor storage of any materials that, in the
opinion of the Code Enforcement Officer, could contaminate groundwater
resources.
[3]
Gasoline stations.
[4]
Cemeteries.
[5]
The cooking, distillation, processing and incineration
of animal or vegetable products.
[6]
The production of corrosive and noxious chemicals.
[7]
The production, processing and storage of coal,
coal tar, petroleum and asphalt products.
(b)
All other uses and activities that are permitted
in the applicable underlying zoning district shall be permitted in
the aquifer and wellhead protection areas, provided that the requirements
set forth below are met:
[1]
Any proposal to install an underground storage
tank for any commodity shall be granted only upon demonstration that
aboveground installation is shown to be unreasonable and upon securing
of a permit therefor from the Town Code Enforcement Officer upon consent
of the Union Vale Fire District.
[2]
All underground tanks shall be double-hulled
steel or fiberglass encased in a concrete vault that includes access
for periodic visual inspection.
(c)
Special use permits.
[1]
Any application for the issuance of a special
use permit or approval of a site plan for any multifamily residential,
institutional, commercial, light industrial or similar use within
the aquifer and wellhead protection areas shall be accompanied by
a detailed statement fully describing the proposed use and operation
and including certification by the project sponsor that none of the
prohibited uses or activities set forth above will occur on the premises.
[2]
The design and installation of any on-site sanitary
sewage disposal systems for a multifamily residential, institutional,
commercial, light industrial or similar use within the aquifer and
wellhead protection areas must be further accompanied by certification
by a licensed professional engineer that such disposal system will
not discharge sewage effluent or other pollutants entering the disposal
system into the aquifer.
(d)
Each application submitted to the Town for the
establishment of a use or the development of land and/or buildings
or other structures within the aquifer and wellhead protection areas
shall include identification of any necessary federal, state or county
permits, copies of all such permit applications and copies of all
related correspondence between the applicant and the permitting agency
or agencies.
(3)
Historic and cultural resources. The Town of Union
Vale seeks to preserve its historic buildings, cultural resources,
cemeteries, stone walls and other historic features, including views
from its roadways and other public areas, by channeling intensive
new development away from those areas and onto lands that do not have
as much scenic and historic significance. Where development occurs
in sensitive historic and cultural resource areas, the Town desires
to assure that such development is consistent with the objective of
maintaining the existing setting and historic character of such areas
to the extent practical.
(a)
In furtherance of this objective, the Town has
conducted an initial community resource survey to identify historic
and cultural resources worthy of preservation. Based on the survey,
the Town Board may provide by resolution for amendment of the Town
Master Plan as first adopted in October 2001 to provide for the listing
and/or other designation of certain locally significant historic and
cultural resources. Any such designated historic and cultural resources,
as noted on the aforementioned Environmental Resource Overlay (ER-O)
District Map, shall be afforded special protection under this section.
(b)
The specific areas subject to the regulation
under this section include the designated resources and all lands
both located within 500 feet of the identified historic or cultural
resource and visible from that resource, whether located on the same
parcel as the designated resource or on adjacent or other nearby lands.
(c)
Site plan approval.
[1]
No new structure, including a single-family dwelling, may be constructed or substantial exterior alteration of existing structures within the regulated area may be undertaken without first obtaining site plan approval and the concomitant issuance of a certificate of appropriateness from the Town Planning Board. Upon receipt of an application for site plan review and approval made in accordance with the requirements of Article VII of this chapter, the Planning Board may consult with the Town Historian and/or the Design Review Committee and other persons and agencies in review of the application.
[2]
The Planning Board shall be guided by the following
principle in its disposition of the application:
[a]
In order to grant site plan approval
and concomitantly issue a certificate of appropriateness for a proposed
structure or substantial exterior alteration of a structure visible
from and within 500 feet of a mapped historic resource, the Town Planning
Board must find that the structure or alteration is architecturally
compatible with the surrounding historic or cultural resource(s) and
that, to the extent pertinent, the important features of the environmental
setting of the resource(s) have been preserved in the site plan. The
Planning Board may recommend, in its findings, the execution of a
conservation easement or other legal mechanism to assure the maintenance
of the intrinsic qualities of an historic or cultural resource and
its environmental setting or context.
(d)
Except where emergency action to protect public
safety has been deemed necessary by the Code Enforcement Officer,
no demolition permit shall be issued for the removal of any structure
designated hereunder until the Planning Board has issued a certificate
of appropriateness. The Planning Board may only issue such certificate
of appropriateness upon determination that no reasonable alternatives,
including relocation, exist to the demolition and removal of the structure.
(4)
Scenic areas. The Town of Union Vale recognizes the
contribution made by the community's scenic resources to its rural
and open space character and finds it important to accommodate growth
and development within the Town without unduly impairing its scenic
qualities.
[Amended 3-11-2010 by L.L. No. 12-2010]
(a)
In furtherance of this objective, the Town Board
has identified all lands above 750 feet ASL within the RD-10 District
as locally significant scenic areas and may provide by resolution
for amendment of the Town Master Plan as first adopted in October
2001 to provide for the geographic depiction and listing or other
designation of additional locally significant scenic areas. The aforementioned
elevated lands within the RD-10 District and any other additional
designated scenic areas, as may be noted on the Environmental Resource
Overlay (ER-O) District Map, shall be afforded special protection
under this section.
(b)
Certificate of visual compatibility.
[1]
No substantial land alteration, including either
grading or removal of vegetation affecting more than 1/2 acre of land
or timber harvesting affecting five or more acres, or new construction,
including a single-family dwelling, associated driveway and infrastructure
improvements, and any above-grade accessory structures greater than
400 square feet in building footprint or 20 feet in height, may occur
within a designated scenic area without first obtaining a certificate
of visual compatibility from the Town Planning Board in addition to
all other permits and approvals that may be required from the Planning
Board and other Town, county, state or federal agencies.
[a]
Upon receipt of a complete application for a certificate of
visual compatibility, the Planning Board shall issue its determination
as to visual compatibility within a period of not more than 62 calendar
days and may in the interim consult with the Conservation Advisory
Council and other persons and agencies in review of the application
and at its discretion conduct a public hearing.
[b]
A complete application shall include the following:
[i]
Application form executed by the owners of the property and
with any required ministerial attachments as prescribed by the Planning
Board;
[ii]
Existing condition photographs of the site and views of the
site from public roadways and/or other public lands;
[iii]
A site plan depicting the location of all grading
and/or vegetative clearing, and, as pertinent to the proposed undertaking,
proposed improvements including buildings, driveways and sanitary
sewage disposal areas;
[iv]
Exterior architectural elevations, including information on
colors, textures and materials for siding, roofing and other principal
features; and
[v]
Exterior lighting plan, including location, type and intensity
of fixtures.
[2]
The Planning Board shall be guided by the following
principles in its disposition of the application:
[a]
The Planning Board shall find that,
to the extent practicable, all structures to be built and related
improvements to be installed on a tract of land that includes land
within a mapped scenic area have been sited and clustered so as to
diminish to the extent practicable the geographic area modified and
to cause the structures and improvements to blend through their proposed
location and employ of colors and textures with the natural setting
of the scenic area. In particular, structures and other improvements,
as may be pertinent, should be determined to not detract through their
visible mass, their color and lighting, their location within open
meadow areas or their protrusion above ridgelines and other landform
backdrops from the scenic character of the area. The Planning Board
may recommend, in its findings, the execution of a conservation easement
or similar legal mechanism to assure protection of the scenic area
upon completion of the structures and related improvements.
[b]
In the circumstance of applications for subdivision plat approval under Chapter 192, Subdivision of Land, the Planning Board shall encourage, insofar as practical, employ of conservation density, cluster subdivision and related techniques such as requirement for, or voluntary grant of, conservation easement to ensure continuing protection of the scenic area.
(5)
Important farmlands. It is in the overall public interest
of the Town of Union Vale to protect the best agricultural lands from
development in order to both maintain their availability for productive
use and their contribution to the rural, open space and aesthetic
qualities of the community. The Town, therefore, seeks to channel
development away from such farmland and to permit sufficient flexibility
in its zoning to maintain agriculture as a viable industry in the
Town.
(a)
The regulated farmland overlay area as referenced
on the aforementioned Environmental Resource Overlay (ER-O) District
Map consists of both of the following:
[1]
Those farmlands designated as "prime farmland"
(Classes I and II) by the Soil Conservation Service of the United
States Department of Agriculture (USDA) and which have been determined
by the Town Board through their inclusion within the aforementioned
Environmental Resource Overlay (ER-O) District to be of special significance
to the Town, with it noted that a copy of the latest edition of said
USDA Soils Map and a listing of those soil types considered either
Class I or II is currently on file and shall be so maintained in the
office of the Town Clerk.
[2]
All other lands included within Dutchess County
Certified Agricultural District No. 23, with it noted that a copy
of the latest edition of said Agricultural District Map as approved
by both the Dutchess County Legislature and the New York State Department
of Agriculture and Markets is currently on file and shall be so maintained
in the office of the Town Clerk.
(b)
In accordance with it authority to mandate residential cluster development in its consideration of any application for subdivision under Chapter 192, Subdivision of Land, the Planning Board shall require an applicant for subdivision to cluster lots and install related subdivision improvements, insofar as practical, on those portions of a tract lying outside the regulated farmland overlay area.
(c)
In consideration of any other application for
special use permit or site plan approval, the Planning Board shall
similarly require that structures and related site improvements, including
all impermeable surfaces, be located, insofar as practical, on those
portions of a tract lying outside the regulated farmland overlay area.
A.
In addition to the role of the Environmental Resource Overlay (ER-O) District set forth in prior § 210-48 in protecting certain scenic and historic areas and other significant environmental resources, the Town recognizes the need to extend particular concern to those lands that lie immediately adjacent to the Town's scenic roadways. The view experienced from these roadways contributes significantly to the overall rural character of the Town, an attribute the community seeks to preserve and enhance while accommodating growth and change.
B.
In furtherance of this objective, Article II, § 210-5, of this chapter established the Scenic Corridor Overlay (SC-O) District comprised of the lands adjacent to those scenic roadways that may be designated by either the Town Board pursuant to Chapter 183, Scenic and Rural Roads, or other authority, including but not limited to the New York State Department of Environmental Conservation (NYSDEC), in which SC-O District the additional regulations set forth in this section supplement, but do not replace, either the use and/or area and bulk regulations otherwise applicable to the underlying zoning district or as may be in effect due to the presence of certain lands within either the Flood-Fringe Overlay (FF-O) or Environmental Resource Overlay (ER-O) Districts.
(1)
The minimum front yard, i.e., front setback requirement, set forth for the applicable zoning district in Article IV, District Schedule of Area and Bulk Regulations, shall be doubled, i.e., increased by 100% for all structures and parking areas located within the Scenic Corridor Overlay (SC-O) District.
(2)
The open space defined by the required front yard
should be managed in a way that preserves significant existing vegetation,
specimen plants, landforms and water features; nurtures tree planting
and other natural landscaping efforts; preserves stone walls and similar
features; preserve agricultural fields and meadows; and ensures both
the protection of visual buffers and the prominence of key scenic
vistas, including views of historic properties and landscapes.
(3)
Any necessary intrusions within the open space area
shall be reduced to the extent practicable by such measures as the
employ of common driveways and shared utility services for building
sites that may gain access from the scenic roadway.
(5)
As an alternative to the doubling of the required
front setback on a site-specific basis, including in situations of
existing noncomplying or irregularly shaped lots where doubling of
the front setback might create practical difficulty in the reasonable
development of the site, the front setback otherwise applicable in
the zoning district may govern, provided that:
(a)
All structures and/or parking are effectively
screened on a year-round basis by existing landform and/or vegetation
or by substantial new planting and berming from the public right-of-way,
provided that such treatment does not diminish the prominence of key
scenic areas including views of historic properties and landscapes.
(b)
A conservation easement satisfactory to the
Planning Board is granted by the landowner to the Town of Union Vale
or similarly qualified entity to ensure that the screening will be
properly maintained and managed or a similarly binding mechanism provided.
The Town of Union Vale recognizes that the wise use of sand, gravel, topsoil, rock and other natural mineral resources is necessary and beneficial to the economy of the Town and its neighboring communities. To ensure the compatibility of commercial extraction uses and activities with neighboring land uses and to promote and ensure the proper operation of these areas, including the timely and progressive restoration of extraction sites upon extraction use and activity, the Town has classified "extractive operation, including soil mining" as a special permit use within certain zoning districts, as set forth on the District Schedule of Use Regulations, found at Article III, § 210-10, of this chapter.
A.
Objectives. The Town of Union Vale declares it a vital
public purpose to control the location, design, installation and operation
of communication (personal wireless service) facilities and towers
to the extent necessary to carry out the following objectives:
(1)
To preserve the character and appearance of the Town
while simultaneously allowing adequate personal wireless service to
be developed.
(2)
To protect the scenic, historic, environmental, and
natural and man-made resources of the community.
(3)
To provide standards and requirements for regulation,
placement, construction, monitoring, design, modification and removal
of communication (personal wireless service) facilities and towers.
(4)
To provide a procedural basis for action within a
reasonable period of time on requests for authorization to place,
construct, operate or modify communication (personal wireless service)
facilities.
(5)
To preserve property values.
(6)
To minimize the total number and height of communication
(personal wireless service) towers throughout the community.
(7)
To locate communication (personal wireless service)
towers so that they do not have negative impacts on the general safety,
welfare and quality of life within the community, such as but not
limited to attractive nuisance, noise and threat of falling objects.
(8)
To require owners of communication (personal wireless
service) towers and other facilities to configure them so as to minimize
and mitigate the adverse visual impact of the towers and facilities.
(9)
To require communication tower sharing and clustering
of personal wireless service facilities where possible.
B.
Consistency with federal law. The Town of Union Vale
further deems it essential to effect such control, including the regulations
prescribed, in a manner consistent with pertinent Federal law, i.e.,
the Telecommunications Act of 1996 ("The Act"), specifically providing
that:
(1)
The regulations do not prohibit or have the effect
of prohibiting the provision of personal wireless services.
(2)
The provisions are not to be used to unreasonably
discriminate among providers of functionally equivalent services.
(3)
The provision do not regulate personal wireless services
on the basis of the environmental effects of radio frequency emissions
to the extent that the regulated services and facilities comply with
the FCC's regulations concerning such emissions.
C.
Exclusions. In consideration of the above-stated objectives,
the Town of Union Vale deems based upon their limited scale and use
that the following communication devices shall not be construed to
be communication (personal wireless service) facilities or towers
for purposes of these regulations:
D.
In consideration of the above-stated objectives and
principles for consistency with federal law and subject to the aforementioned
exclusions, no person shall erect, construct or otherwise install
a communication (personal wireless service) facility or tower within
the Town of Union Vale or cause the major modification of an existing
communication facility or tower within the Town of Union Vale, including
the addition of a greater number or larger replacement dishes or other
equipment except as specifically authorized under an existing special
use permit, without first obtaining a special permit from the Planning
Board in accordance with the following requirements of this chapter:
The Town of Union Vale licenses and regulates adult uses, as defined in Article XII, § 210-86A, of this chapter, and related activities pursuant to Chapter 84, Adult Uses, of the Code of the Town of Union Vale, as adopted on May 11, 2000, and as may be from time-to-time amended. Any use otherwise authorized under this chapter in accordance with the District Schedule of Use Regulations set forth at Article III, § 210-10, herein shall in addition to the provisions of this chapter be subject without exception to the provisions of the aforementioned Chapter 84, Adult Uses.
