Town of Gardiner, NY Land Use District Regulations

§ 220-10 Allowable uses.

Purpose. The use regulations in this article are intended to allow flexibility of land use to encourage business development that is consistent with the character and scale of Gardiner's hamlets, neighborhoods, and rural areas. The use categories in the Use Table that follows are intentionally broad in order to allow flexibility and responsiveness to innovation. Most nonresidential uses require site plan review and/or special permits, which involve compliance with performance and design standards to ensure compatibility between neighboring uses. In reviewing applications for special permits and site plan approval, the Planning Board shall impose any conditions that may be necessary to ensure that a proposed use will be compatible with its surroundings. The Planning Board shall deny any proposed use which does not satisfy the criteria in this chapter.

Use restrictions and Use Table. No structure or land shall be used except as provided in the Use Table below. Use regulations for the SP-2 and SP-3 Subdistricts in the Shawangunk Ridge (SP) District are contained in a separate table in § 220-16. See § 220-74 for definitions of the use categories. In the event that a particular proposed use outside of the SP District does not fit into one of the categories shown on the Use Table and is not prohibited by § 220-10C below, it may be allowed by special permit issued by the Town Board. The meaning of the symbols on the Table is as follows:

[Amended 11-6-2008 by L.L. No. 6-2008; 2-11-2020 by L.L. No. 1-2020; 7-9-2019 by L.L. No. 3-2019; 2-8-2022 by L.L. No. 1-2022]

P	Designates a use permitted by right. Usually requires a zoning permit or a building permit and a certificate of occupancy from the Building Inspector, but does not require review by any municipal board.
PS	Designates a use permitted by right, subject to site plan review by the Planning Board (see §§ 220-65 through 220-68).
S	Designates a use permitted by special permit issued by the Planning Board (see §§ 220-60 through 220-64).
ST	Designates a use permitted by special permit issued by the Town Board.
--	Designates a prohibited use.

Use Table (Note: Use regulations for the SP-2 and SP-3 Subdistricts in the SP District are contained in § 220-16.)
Use Category	Use Districts						Section Reference
	RA	HM	HR	CLI	HC	SP-1
Residential Uses
Single-family dwelling	P	P	P	–	P	P
Two-family dwelling	PS or S	P	P	–	PS or S	PS or S	220-12A
Multifamily dwelling (conversion)	S	PS	S	–	PS	–	220-12B
Multifamily dwelling (new)	PS¹	PS	S	–	S	–	220-12B
Accessory apartment	P⁹	P	P	PS	PS	P	220-12C
Mobile home parks	See Chapter 154 of the Town Code and § 220-44 of this chapter.						220-44
Upper-floor apartment in mixed-use building	PS	PS	PS	PS	PS	–
Residential care facility	S	S	S	–	–	–	220-52
Business Uses²
Adult use	–	–	–	ST	–	–	220-48
Agriculture	P	P	P	P	P	P	220-37, 220-49
Bed-and-breakfast	PS	PS	PS	–	PS	S
Campground	See Chapter 200 of the Town Code and §§ 220-18.2, and 220-45.2 of this chapter.						220-18.2, 220-45.2
Home occupation	P⁴	P⁴	P⁴	–	P⁴	P⁴	220-41
Kennel	S	–	–	–	–	–	220-49B
Light industry	–	S	–	PS	S	–	220-50
Lodging facility	S	PS	–	–	PS	–
Motor vehicle gas station	–	–	–	–	S	–	220-10K
Motor vehicle repair shop	–	–	–	PS	S	–
Office	S³	PS	–	PS	PS	–
Overnight camp/day camp	S	–	–	–	–	S	220-45
Public utility facility	S	S	S	S	S	S
Recreational business, indoor	S	S	–	–	PS	–	220-10K
Recreational business, outdoor	S	–	–	–	S	S	220-10K
Restaurant	S³	PS	–	–	PS	–
Retail business (not listed else- where)	S³	PS	–	S⁵	PS	–
Service business (not listed else- where)	S³	PS	–	S	PS	–
Soil mining	ST⁶	–	–	ST⁶	–	–	220-17
Solid waste management facility	–	–	–	S	–	–	220-50
Veterinary hospital	S	S	–	–	S	–
Warehouse/ Wholesale business	–	S	–	PS	PS	–
Wireless telecom- munications facility	ST	ST	–	ST	–	–	220-46
Riding academy	PS	–	–	–	–	PS
Timber harvesting⁸	P	–	–	–	–	P	220-16 (for SP); 220-32
Community Uses
Cemetery	S	S	S	–	–	–
Educational/ Charitable/ Religious	S	S	S	–	S	S
Health care facility	–	PS	–	–	PS	–
Membership club	S	S	–	–	S	S
Municipal	P	P	P	P	P	P
Nature preserve	PS⁷	PS⁷	PS⁷	PS⁷	PS⁷	PS⁷

Notes:
¹ Only permitted in an open space development (see § 220-20).
² Subject to limitations on building footprint in the Dimensional Table.
³ Only in connection with agricultural use, or as provided in § 220-10I.
⁴ Requires a special permit if more than two nonresident employees or 30% of dwelling unit floor space.
⁵ Retail use shall not exceed 20% of floor area and shall include only sale of items produced on the premises and customary accessories to such items.
⁶ Only within the Soil Mining Floating District.
⁷ Site plan review required only if there will be a parking lot or any structure requiring a building permit.
⁸ Timber harvesting in the RA and SP-1 Districts requires a timber harvesting permit from the Building Inspector pursuant to § 220-32. Timber harvesting in the SP-2 and SP-3 Districts requires both a timber harvesting permit and a special permit as required by § 220-16.
⁹ A special use permit is required for small-scale development lots in the RA District that are less than five acres in size but confirming under § 220-24.

Prohibited uses. Any use, whether or not listed in the Use Table, is prohibited if it does not satisfy the standards and criteria in §§ 220-40 and 220-63. The following uses are prohibited under all circumstances (existing uses may be continued pursuant to the nonconforming use provisions of Article VI): heavy industry, asphalt plants, facilities for disposal of hazardous or radioactive material, and, except as provided in § 220-50, solid waste management facilities as defined in Article XII, including but not limited to the use of solid waste or material that has previously been part of the solid waste stream (whether or not it has a "beneficial use designation" from DEC) as fill. Existing uses listed above, if they were legal when they began operation, may be continued pursuant to the nonconforming use provisions of Article VI.

Accessory uses. Uses customarily incidental and subordinate to principal uses shown on the Use Table shall be allowed on the same terms as the principal uses unless otherwise indicated on the Use Table. Such accessory uses may be on the same lot, on adjoining lots, or on lots that face each other across a street. Noncommercial recreational use and residential camping shall be permitted as an accessory use in all districts, provided that it does not create noise, traffic, dust, odor, or other impacts that exceed those normally associated with single-family uses and complies with any applicable supplemental regulations. If there is no principal use on a residential lot, a use that is typically a residential accessory use, such as a residential garage, swimming pool, tennis court, or tool shed, may be allowed in the absence of the principal use by the Building Inspector. Solar and wind energy conversation systems producing electricity and/or heat primarily for on-site use, including those with net metering, shall be considered customary uses to all principal uses.

[Amended 2-11-2020 by L.L. No. 1-2020]

Mixed use. The Town of Gardiner encourages the mixing of uses where such mixing does not create land use conflicts. Accordingly, all special permit and/or site plan reviews for the same project shall be consolidated into one proceeding before the Planning Board (except where the Town Board or Zoning Board of Appeals has jurisdiction over a special permit).

Change of use or structure. A change of use is the initiation of a use that is in a different use category, as listed on the Use Table, from the existing use of the site or structure. A mere change of ownership, tenancy, or occupancy is not a change of use. (An expansion of a use shall be reviewed according to the provisions of the use table for that particular use.) Once a special permit has been granted, it shall run with the land and apply to the approved use, as well as to any subsequent use of the property in the same use category. Any change to another use allowed by special permit shall require the granting of a new special permit or a special permit amendment.

Rebuilding, replacement, and expansion of structures. The rebuilding or replacement on the same footprint of any structure for a use which requires site plan review (PS) and/or a special permit (S) shall require site plan review, even if it is a continuation of the same use.

Special site design and operational considerations in the CLI District.

(1)

The purpose of the CLI District is to allow larger-scale nonresidential uses that contribute to the Town's tax base and provide jobs for local residents, while protecting the Town's treasured scenic and rural qualities using open space buffers. Impervious surfaces are limited to 70% of total project area, requiring 30% to be maintained as open or undeveloped "green space." This green space shall be arranged in a manner that adequately buffers buildings and parking areas from public roads and neighboring properties, while protecting wetlands, watercourses, and scenic views.

(2)

Buildings shall be placed in front of their parking lots to screen the parking from the road. This requirement shall not apply if the entire site is screened from the road by natural vegetation and/or natural topography. The Planning Board may modify or waive this requirement where environmental or topographic constraints or unusual lot configurations such as corner lots or through lots make compliance with this requirement impractical or impossible, or where the predominant character of surrounding development is such that compliance with this requirement would serve no useful purpose, provided that the applicant minimizes the visual impacts of such parking areas as seen from residential streets or main thoroughfares. See § 220-38 for additional parking standards and parking lot design requirements.

Small-scale business uses in the RA District. Structures previously used for residential and agricultural purposes may be used for business purposes by special permit, if allowed by the Use Table, provided that their exterior appearance is not significantly modified and that the business use does not occupy more than 5,000 square feet of floor area. Any changes to an existing structure shall be made with consideration of the design guidelines referred to in § 220-5. The uses allowed by this Subsection I may only be permitted if they have frontage on and access to a state or county highway.

Standards for the Highway Commercial (HC) District. All new development in the HC District, excluding agricultural structures used on a farm operation, shall comply with the following design standards. Where alterations to existing structures and business operations require special permit or site plan approval, they shall comply with these standards to the extent practical; i.e. full compliance shall not be required if it would impose unnecessary economic hardship or discourage property owners from improving their properties. The overall design goal is to maintain and enhance the landscape character of commercial road corridors. This is to be accomplished by mitigating the visual impacts of business development through landscape, layout, and architectural standards. The design guidelines referred to in § 220-5 shall apply except where a building or site is screened from public roads and adjacent properties. The following standards shall apply in the HC District for buildings that are visible from public roads:

(1)

Building placement.

(a)

Buildings shall be clustered together to the extent practical, preserving existing green areas.

(b)

Lots on which all buildings and all parking lots are screened from view by trees, natural topography, and other landscape features shall be entitled to an additional 20% impervious surface coverage allowance and shall be exempt from the architectural design requirements of this subsection.

(c)

(d)

Parking lots on adjoining parcels shall interconnect wherever practical to minimize curb cuts and allow circulation between adjoining uses.

(2)

Architecture.

(a)

Existing structures with historic or architectural significance, as determined by the Planning Board, shall be retained to the extent practical. Alterations to such structures shall be compatible with the architecture of the existing structure.

(b)

Buildings, including canopies for accessory facilities, shall have peaked roofs with a slope of at least 8:12, except that hip roofs with a slope of at least 4:12 and flat roofs that are hidden by a raised cornice shall also be permitted.

(c)

Windows shall be vertically proportioned and balanced on facades, with width to height ratios ranging from 1:2 to 3:5. Horizontal windows may be used just below roof eaves ("eyebrow" windows) and as first-floor display windows.

(d)

Trademarked architecture which identifies a specific company by building design features shall be prohibited, unless the applicant can demonstrate that the design is compatible with the historic architecture of the region.

(e)

Large buildings (footprint larger than 10,000 square feet) shall generally be broken up into smaller volumes using building proportions found in the region's traditional architecture.

(3)

Landscaping.

(a)

A continuous green landscaped buffer shall be maintained along the road, consisting of trees, shrubs, fields, meadows, natural areas, and lawns, provided that such buffer vegetation does not interfere with required sight distances. Bikepaths and/or sidewalks may be constructed within this landscaped buffer. To the extent practical, existing trees, lawns, and shrubs shall be preserved.

(b)

Undeveloped natural areas shall be managed to maximize recharge of groundwater, protection of surface water quality, and protection of wildlife habitat.

(4)

Fences. Fence materials and designs shall be appropriate to the historic character of Gardiner and shall not block visual access to scenic views. Chain link fencing shall not be used in locations visible from public highways. Existing chain link fences may be replaced if coated with a dark, nonreflective finish or screened by an evergreen hedge.

(5)

Outdoor storage and enclosed buildings. All permitted and accessory uses shall be confined within completely enclosed buildings, with the exception of off-street parking spaces, off-street loading berths, accessory fuel storage and employee recreational facilities. Outdoor storage of materials, equipment or vehicles in an orderly manner is permitted in any area other than required front, rear or side yards, provided that such outdoor storage does not exceed 10% of the area of the lot and is effectively screened from public roads and from any adjacent residential district boundary. This ten-percent limitation may be waived by the Planning Board in the course of site plan review for those uses which by their nature require outdoor storage of material or products, such as nurseries, lumberyards, outdoor sculpture galleries, and automobile service facilities and dealers. The screening requirement may be waived where it would prevent the necessary display of merchandise for public viewing, provided that the Planning Board finds that such display will be orderly and attractive.

(6)

Curb cuts. The minimum distance between curb cuts shall be 600 feet, unless the configuration of a parcel in relation to adjoining parcels makes this requirement impossible to satisfy.

Requirements for specific uses.

(1)

Motor vehicle gas stations. One motor vehicle gas station may be located in the HC District. No other motor vehicle gas stations may be established in the Town of Gardiner.

(2)

Recreational businesses. The threshold for major project review for a recreational business shall be 5,000 square feet of building footprint or 15,000 square feet of land with or without structures. In reviewing proposals for recreational businesses, the Planning Board shall take into account the surrounding land uses and the type of recreational use proposed to determine the suitability of the proposed use in a given location. Where the use may involve potentially significant amounts of noise, traffic, outdoor lighting, or other impacts on a neighborhood, the Planning Board shall impose additional setback and buffer requirements to minimize such impacts. If such impacts cannot be avoided, the Planning Board shall deny the application for a special permit.

§ 220-11 Density and dimensional regulations.

Purpose. The regulations in this section are intended to encourage the preservation of Gardiner's open space, while providing opportunities for needed housing and business uses. This is accomplished by clustering development in nodes surrounded by open space and, where practical, in the traditional compact pattern found in the Town's hamlets. This chapter contains flexible regulations for density and lot dimensions and encourages the use of open space development as an alternative to conventional subdivision to preserve significant amounts of open space. See Article V for standards for open space development.

Dimensional Table.

(1)

The following table is hereby adopted and will be referred to as the "Dimensional Table." Dimensional regulations for the SP-2 and SP-3 Subdistricts are contained in § 220-16.

(2)

As used in the Dimensional Table, "n/a" means "not applicable."

(3)

All dimensions are in feet unless otherwise indicated.

(4)

Where there are two numbers separated by a slash mark (/), they indicate a minimum and maximum dimension, respectively.

(5)

For purposes of density calculations in this chapter, a studio dwelling unit shall be counted as 0.5 dwelling unit, a one-bedroom dwelling unit shall be counted as 0.67 dwelling unit, a two-bedroom unit shall be counted as 0.75 dwelling unit, and a three-bedroom or larger dwelling unit shall be counted as one dwelling unit.

Dimensional Table (Dimensional regulations for the SP-2 and SP-3 Subdistricts are contained in § 220-16.)
		District
		RA	HM	HR	CLI	HC	SP-1
Minimum lot size (acres)		5¹	⁴	⁴	2	2	5
Minimum lot size (open space development)²		See § 220-11D	n/a	n/a	n/a	n/a	See § 220-11D
Maximum base density (open space)³ (acres/du)		2	n/a	n/a	n/a	n/a	5
Minimum road frontage for conventional subdivision⁵ (feet)
	Town road	250	40	40	200	200	250
	County/ State road	300	50	50	200	300	300
Minimum/ Maximum front yard setback
	Town/private road⁶ (feet)	30¹	10/25	10/25	40	30	75
	County/State road⁶ (feet)	50¹	15/35	15/40	125	40	75
Minimum side yard setback (feet)		30¹	10¹¹	15¹¹	20⁷	20⁷	50
Minimum rear yard setback (feet)		50¹	15	15	50⁷	50⁷	100
Setback in open space development		See § 220-20E	n/a	n/a	n/a	n/a	See § 220-20E
Maximum impervious surface coverage⁸		10%	70%	50%	70%	60%	10%
Maximum height⁹ (feet)		35	45	40	35	35	35
Maximum footprint for nonresidential structures¹⁰ (square feet)		6,000	10,000¹²	1,000	200,000	60,000	6,000

	Notes:
	All dimensions in feet unless otherwise indicated.
	¹ For conventional development as defined in § 220-74.
	² Open space development is described in § 220-19B.
	³ Not including bonuses, which may increase density. See Article V. "ac/du" means "acres per dwelling unit."
	⁴ Varies between 80,000 square feet and 5,000 square feet based upon district and availability of infrastructure; see § 220-11D.
	⁵ Lots in open space developments may have shorter frontages per § 220-20E.
	⁶ Measured from right-of-way of road. Front yard setbacks may be adjusted to the average of adjoining setbacks; a "build-to line" may be established to maintain the "street wall" in the HM and HR Districts. Setbacks do not apply to open space development.
	⁷ If the lot abuts a residential district, a setback of 100 feet with a wooded buffer is required for all structures, driveways, parking lots, and other paved areas.
	⁸ See definition in § 220-74; applies to each lot and to an entire subdivision, including new roads and other public areas (see § 220-20F); in open space developments, applies to entire subdivision only. This requirement may be waived by the Planning Board for lots in the HM District and shall not apply to preexisting nonconforming lots. For flexibility provisions, see § 220-11C below. Does not apply to agricultural uses.
	⁹ Above average grade. For height exceptions, see § 220-30E.
	¹⁰ Excluding agricultural structures and all structures legally completed or granted a building permit, special permit, site plan approval, or variance prior to the adoption of this chapter. The purpose of this requirement is to maintain the historic scale and character of development in Gardiner. The intent of this provision shall not be evaded through the placement of multiple large buildings on the same site or otherwise in a pattern that is inconsistent with the scale and character of the Town. This limitation shall not apply in the RDF District or to any educational, religious, or institutional use.
	¹¹ May be 0 for party-wall or zero-lot-line building and may be reduced by Planning Board consistent with hamlet context.
	¹² May be enlarged up to 60,000 square feet for a supermarket, movie theater, or other destination use that attracts a substantial number of customers, provided that all special permit impact criteria are satisfied.

Impervious surface flexibility. In the course of site plan, special permit, area variance, or subdivision approval, an applicant may request permission to exceed the maximum impervious surface requirements through the use of partially permeable materials that allow for some infiltration of water into the ground. Such permission may be granted by the reviewing board only if the applicant demonstrates that the use of such materials will result in at least as much groundwater infiltration and no more stormwater run-off from the site than would occur if the applicant complied with the limitations in the Dimensional Table using impervious materials.

Minimum lot sizes in the HM and HR Districts and in open space developments. Minimum lot sizes in the HM and HR Districts and in open space developments shall be as shown below, provided that such lots comply with all applicable public health requirements and that all common water and sewage disposal facilities are owned and managed by the Town, county, or a duly constituted public authority or municipal district. Minimum lot sizes for such lots shall be:

(1)

With common or municipal water supply but no common or municipal sewage disposal services: 40,000 square feet.

(2)

With common or municipal sewage disposal services only: 20,000 square feet. This dimension may be reduced by the Planning Board to 7,500 square feet within the Town Center hamlet area shown on the Zoning Map if the applicant can demonstrate through well tests that a smaller lot area will not adversely affect wells in the surrounding area. Such demonstration shall be made to the satisfaction of a professional hydrologist retained by the Town at the applicant's expense.

(3)

With common or municipal water supply and sewage disposal: no minimum in open space developments and 10,000 square feet in the HM and HR Districts. This number may be reduced in the Planning Board's discretion in consideration of an applicant's provision of inclusionary housing, infrastructure for an area greater than that served by the development, or other municipal support services (fire station, school, park, etc.), or the applicant's use of transfer of development rights (see § 220-22). The minimum lot size in the HM and HR Districts shall not be reduced to less than 6,000 square feet.

(4)

Without common or municipal water supply or sewage disposal services: 80,000 square feet in the HM and HR Districts and 40,000 square feet in an open space development.

Maximum density in the HM and HR Districts. The minimum lot size provisions in Subsection D above, when combined with the density allowances for two-family and multifamily housing in §§ 220-12 and 220-12.1 and the inclusionary housing provisions of § 220-42, shall not result in a more than eight dwelling units per acre of buildable land in the HM and HR Districts (excluding accessory apartments from this calculation). For purposes of density calculations, a studio dwelling unit shall be counted as 0.5 dwelling unit, a one-bedroom dwelling unit shall be counted as 0.67 dwelling unit, a two-bedroom unit shall be counted as 0.75 dwelling unit, and a three-bedroom or larger dwelling unit shall be counted as one dwelling unit.

§ 220-12 Multiple and accessory dwellings.

Two-family dwellings.

(1)

In the HM and HR Districts, two-family dwellings shall be permitted by right on all conforming lots (with County Health Department approval), subject to the limitation on total density in § 220-11E.

(2)

In all other districts, lots containing two-family dwellings shall be allowed by right with site plan review on lots with at least 1.5 times the minimum lot size in the district and by special permit on lots with less than 1.5 times the minimum lot size. This does not apply to accessory apartments (see Subsection C below).

(3)

On lots created as part of an open space development, two-family dwellings may be approved as part of the approval process for the open space development, consistent with the overall density calculations for open space development in Article V.

Multifamily dwellings, congregate senior citizen housing, and residential care facilities.

(1)

Buildings in existence as of the effective date of this section may be converted to multifamily use if permitted in the Use Table as multifamily conversions. Such buildings may be expanded by up to 10% in floor space to accommodate required utilities, entrances, hallways, and stairways. Maximum density shall be established by the Planning Board based upon applicable review criteria and the characteristics of the existing building. Conversions to mixed residential and compatible nonresidential uses are encouraged.

(2)

For congregate senior citizen housing and residential care facilities, each bedroom (with or without a private bath) shall be counted as 0.5 dwelling unit. For multifamily dwelling units in such facilities, a studio dwelling unit (including a unit with a kitchenette) shall be counted as 0.5 dwelling unit, a one-bedroom dwelling unit shall be counted as 0.67 dwelling unit, and two-bedroom dwelling units shall be counted as 0.75 dwelling unit.

(3)

Apartments located above nonresidential uses shall be allowed at the same density as multifamily dwelling units, except that for each lot, one apartment not exceeding 1,000 square feet may be located above a nonresidential use by right as an accessory apartment pursuant to Subsection C below.

(4)

The maximum density for new multifamily dwellings in the HR and HM Districts shall be two units per acre with municipal water or municipal sewer service, six units per acre with municipal water and sewer service (which may increase to 10 units through TDR), or one unit per acre with no municipal water or sewer service. In the HM and HR Districts, multifamily dwellings shall face an existing or new street, with parking behind the buildings or off-site.

(5)

No special permit or site plan approval shall be granted until plans are submitted for water supply and sewage disposal which, in the opinion of the Planning Board, are adequate to serve the proposed project without adversely affecting the water supply or sewage disposal system of other lots or property.

Accessory apartments and accessory residential structures. One accessory apartment per single-family dwelling may be located in an accessory structure or a principal building as provided in the Use Table. The lot containing the accessory apartment must contain the minimum acreage required by the Dimensional Table, unless it is located in an approved open space development. For nonconforming lots in all districts and small-scale developments in the RA District that are conforming under § 220-24, an accessory apartment may be allowed by special permit. The accessory apartment shall not be counted as a residential unit for purposes of determining density. No approval shall be granted for an accessory apartment without approval or certification from the Ulster County Department of Health of the adequacy of the septic system.

[Amended 7-9-2019 by L.L. No. 3-2019]

Multiple residences on a lot. A lot may contain more than one single-family dwelling and accessory apartment, provided that the lot has sufficient acreage to comply with applicable density requirements. Such a lot may not be later subdivided unless the subdivided lots conform to the dimensional regulations and road construction requirements in effect when the subdivision is proposed. If a lot is proposed to have more than two single-family dwellings, a conservation analysis and site plan approval shall be required from the Planning Board. No more than five dwelling units may be permitted on a lot under this Subsection D.

Farm operations. The restrictions in this § 220-12 shall not apply to farm operations where the dwelling units are used to house farm workers, farm owners, or members of their families. On any farm operation containing more than five dwelling units, minor site plan review shall be required for such units.

§ 220-12.1 Traditional neighborhood development (TND) in HM and HR Districts.

The HM and HR Districts are intended to implement the concept of traditional neighborhood development (TND). TND is the development of complete communities that include single-family homes, apartments, workplaces, shops, restaurants, and recreational facilities. Its goal is to create a pedestrian-oriented environment in which residents and those who work in the area can walk comfortably between different land uses. There is a large literature on TND (also known as "new urbanism" and "neo-traditional development"), and applicants are encouraged to consult that literature and the website of the Congress for the New Urbanism. The Charter of the New Urbanism, available on that website, is an expression of the intent of this § 220-12.1 and shall be considered by the Planning Board in evaluating applications in HR and HM Districts.

Open space requirement. Applicants for residential development in an HR or HM District shall provide a payment in lieu of providing recreational land (recreation fee) unless the development parcel is at least 10 acres and the applicant provides at least 15% of the land as publicly accessible open space in the form of squares, greens, parks, playgrounds, and/or trails. This requirement shall not apply to the construction of single-family residences on lots in existence as of January 1, 2008.

Multifamily dwellings. The maximum density for new multifamily dwellings in the HR and HM Districts shall be based upon the availability of water and sewer service, as provided in § 220-12B(4). New multifamily dwellings in the HR and HM Districts shall have their front entrances on an existing or new street, with parking behind the buildings. Multifamily dwellings, as defined in this Zoning Law (not by the Building Code), may take the form of rowhouses, townhouses, apartment buildings, mixed-use buildings containing apartments, or any other form, such as three-family and four-family houses, that fit into the traditional architectural character of Gardiner, as determined by the Planning Board.

Apartments in mixed-use buildings. Apartments are encouraged to be located in the upper stories of buildings that have retail or service commercial on the ground floor, in the manner of traditional hamlet main streets.

Architecture.

(1)

Existing structures with historic or architectural significance, as determined by the Planning Board if site plan review is required, shall be retained to the extent practical. Alterations to such structures shall be compatible with the architecture of the existing structure.

Large buildings (footprint larger than 10,000 square feet) shall generally be broken up into smaller volumes using building proportions found in the region's traditional architecture.

The Hamlet Design Guidelines and Building Form Guidelines referred to in § 220-5 shall be consulted for nonbinding guidance on design in the HM and HR Districts. The Town Board may promulgate additional design standards or guidelines to assist in the administration of this § 220-12.1.

Setbacks and build-to lines. Setbacks and build-to lines may be established at the time of site plan approval, in conformance with the practices found in traditional hamlets, and shall supersede otherwise applicable setbacks in the Dimensional Table.

Streets and blocks. Streets in HM and HR Districts shall generally be interconnected, and permanent cul-de-sacs shall only be permitted where wetlands, watercourses, or steep slopes make street interconnections impractical. In such cases, pedestrian paths and public stairways shall be provided where practical. All streets in an HM or HR District shall be offered for dedication to the Town, and no street shall be gated. The requirements for streets in the Town's road specifications shall be waived if such waivers are necessary to permit street designs in traditional hamlet character. The average area of a new block shall not exceed two acres.

Consultants. For all development under the HM and HR District regulations in this § 220-12.1, the Town shall retain design experts with specific expertise in TND development as necessary to review the application and ensure that it complies with the principles contained in the Charter of the New Urbanism.

Specific plan option.

(1)

An applicant or the Town may prepare a "specific plan" in the form of a conceptual site plan that covers all or a portion of an area zoned HM, HR, and/or HEO, including land in multiple ownerships. The minimum acreage for such a plan shall be 10 acres. If the plan is prepared by an applicant, all landowners covered by such a plan must consent to this specific plan option. If prepared by the Town, landowners shall be given notice and an opportunity to object, but the Town shall have the authority to prepare such a plan without their consent, provided that the owners of at least 80% of the land area subject to the specific plan consent to its preparation. The Town shall conduct outreach to all landowners to be covered by a proposed plan and shall involve them in the process of plan preparation.

(2)

The specific plan shall contain design standards specific to the hamlet and shall specify street specifications and cross-sections, public spaces, public facilities, building heights, building types, and parking locations.

(3)

The specific plan shall be prepared with a substantial public involvement process and shall be approved as an amendment to the Town's Comprehensive Plan following procedures required by law for such an amendment. The Town Board may, in addition, make the specific plan part of this Zoning Law, by adopting it as a zoning amendment binding upon all landowners as provided in § 220-69.

(4)

Once a specific plan is adopted as a zoning amendment, any application for development which is in substantial compliance with it may be approved by the Planning Board through site plan review.

(5)

If the specific plan is prepared by the Town, the cost of such preparation, including the cost of SEQR compliance, may be apportioned and recovered from the landowners through development fees charged at the time they receive development approvals, provided that there has been prior notice and opportunity for such landowners to be heard concerning the amount of such fees.

(6)

This Subsection I shall not prevent the Town from conducting studies and preparing nonbinding conceptual plans for a hamlet or portion of a hamlet without complying with the requirements above.