Town of Hyde Park, NY
Dutchess County
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[HISTORY: Adopted by the Town Board of the Town of Hyde Park 9-8-2005 by L.L. No. 3-2005; amended in its entirety 4-9-2007 by L.L. No. 5-2007. Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Greenway Connections — See Ch. 14.
Building code administration and enforcement — See Ch. 40.
Dumping — See Ch. 48.
Electrical inspections — See Ch. 51.
Environmental quality review — See Ch. 54.
Fire prevention — See Ch. 57.
Flood damage prevention — See Ch. 60.
Freshwater wetlands — See Ch. 63.
Parks and recreation areas — See Ch. 82.
Property maintenance — See Ch. 84.
Sewers — See Ch. 87.
Soil and mining excavation — See Ch. 92.
Stormwater management and erosion and sediment control — See Ch. 93.
Street openings and driveways — See Ch. 95.
Subdivision of land — See Ch. 96.
Swimming pools — See Ch. 98.
Telecommunications towers and facilities — See Ch. 101.
Water resources protection — See Ch. 107.
Road specifications — See Ch. A111.
108a Sched of Use Regs 108b Sched of Bulk Regs 108c Zoning Map

§ 108-1 ARTICLE 1: TITLE, SCOPE, AND PURPOSES

§ 108-1.1 Title.

§ 108-1.2 Enacting authority.

§ 108-1.3 Scope.

§ 108-1.4 Purposes.

§ 108-1.5 Greenway Connections.

§ 108-1.6 Comprehensive Plan.

§ 108-1.7 Corridor management plan.

§ 108-1.8 Interpretation of provisions.

§ 108-2 ARTICLE 2: DEFINITIONS

§ 108-2.1 Word usage.

§ 108-2.2 Terms defined.

§ 108-3 ARTICLE 3: ESTABLISHMENT OF DISTRICTS

§ 108-3.1 Districts established.

§ 108-3.1.1 Land use districts and purposes.

§ 108-3.1.2 Overlay districts.

§ 108-3.2 Zoning Map.

§ 108-3.3 Determination of district boundaries.

§ 108-4 ARTICLE 4: GENERAL REGULATIONS

§ 108-4.1 Applicability of regulations.

§ 108-4.2 Use classifications.

§ 108-4.3 Use regulations.

§ 108-4.4 Bulk regulations.

§ 108-4.5 Site development standards.

§ 108-4.6 Historic overlay standards.

§ 108-4.7 Scenic overlay standards.

§ 108-5 ARTICLE 5: DISTRICT REGULATIONS AND STANDARDS

§ 108-5.1 Applicability.

§ 108-5.2 General district standards.

§ 108-5.3 Greenbelt and Waterfront District standards.

§ 108-5.4 Neighborhood Core District standards.

§ 108-5.5 Neighborhood District standards.

§ 108-5.6 Hamlet Core District standards.

§ 108-5.7 Hamlet District standards.

§ 108-5.8 Landing District standards.

§ 108-5.9 East Park Business District standards.

§ 108-5.10 Neighborhood Business District standards.

§ 108-5.11 Town Center Historic District standards.

§ 108-5.12 Bellefield Planned Development District standards.

§ 108-5.13 St. Andrews District.

§ 108-5.14 Schedule of Use Regulations.

§ 108-5.15 Schedule of Bulk Regulations.

§ 108-6 ARTICLE 6: NONCONFORMING USES, STRUCTURES AND LOTS

§ 108-6.1 Purpose.

§ 108-6.2 General provisions

§ 108-6.3 Discontinuance, reestablishment, and expansion of nonconforming use.

§ 108-6.4 Restoration, expansion, and repair of nonconforming structure.

§ 108-6.5 Change of nonconforming use.

§ 108-6.6 Nonconforming lots.

§ 108-7 ARTICLE 7: PLANNED UNIT DEVELOPMENT

§ 108-7.1 Purpose; objectives.

§ 108-7.2 Eligibility.

§ 108-7.3 Procedure.

§ 108-7.4 Submittal requirements.

§ 108-7.5 Standards.

§ 108-7.6 Decisions.

§ 108-8 ARTICLE 8: SPECIAL USE PERMITS

§ 108-8.1 Authorization.

§ 108-8.2 Applicability.

§ 108-8.3 Procedure.

§ 108-8.4 Standards; accessory apartments.

§ 108-8.5 Decision.

§ 108-9 ARTICLE 9: SITE PLAN APPROVAL

§ 108-9.1 Authorization.

§ 108-9.2 Purpose and applicability.

§ 108-9.3 Procedure.

§ 108-9.4 Site plan elements.

§ 108-9.5 Standards.

§ 108-9.6 Revocation and expiration of site plan approval.

§ 108-10 through § 108-19. (Reserved)

§ 108-20 ARTICLE 20: HOME OCCUPATIONS

§ 108-20.1 Purpose.

§ 108-20.2 Applicability; criteria for no-impact home occupations.

§ 108-20.3 Permit required for regulated home occupations.

§ 108-20.4 Conditions and standards.

§ 108-21 ARTICLE 21: ADULT USES

§ 108-21.1 Purpose.

§ 108-21.2 Restrictions.

§ 108-22 ARTICLE 22: PUBLIC UTILITY FACILITIES

§ 108-22.1 Purpose.

§ 108-22.2 Applicability; fees.

§ 108-22.3 Special use permit required; certificate of occupancy.

§ 108-22.4 Standards and conditions.

§ 108-23 ARTICLE 23: RESIDENTIAL CARE FACILITIES

§ 108-23.1 Applicability.

§ 108-23.2 Supervision.

§ 108-23.3 Other required approvals.

§ 108-23.4 Required information for application.

§ 108-23.5 Required findings.

§ 108-24 ARTICLE 24: SIGNS

§ 108-24.1 Purpose.

§ 108-24.2 General sign regulations.

§ 108-24.3 Sign permits.

§ 108-24.4 Prohibited signs.

§ 108-24.5 Exempt signs.

§ 108-24.6 Removal of signs.

§ 108-24.7 Amortization of nonconforming signs; illegal signs; special use permits.

§ 108-25 ARTICLE 25: SCRAP YARDS

§ 108-25.1 Application for approval.

§ 108-25.2 Location.

§ 108-25.3 Permit, license and site plan approval required; procedures.

§ 108-25.4 Standards.

§ 108-26 ARTICLE 26: MANUFACTURED HOMES

§ 108-26.1 General provisions.

§ 108-26.2 Existing nonconforming manufactured homes and parks.

§ 108-26.3 Manufactured home parks.

§ 108-26.4 License and renewal requirements.

§ 108-27 ARTICLE 27: USED CAR LOTS

§ 108-27.1 Regulations.

§ 108-27.2 Standards.

§ 108-28 to § 108-29. (Reserved)

§ 108-30 ARTICLE 30: ENFORCEMENT

§ 108-30.1 Compliance required.

§ 108-30.2 Enforcement agents.

§ 108-30.3 Appearance tickets; stop-work orders.

§ 108-30.4 Certificates of occupancy.

§ 108-30.5 License applications.

§ 108-30.6 Permit applications; specific applications.

§ 108-30.7 Other applications.

§ 108-31 (Reserved)

§ 108-32 ARTICLE 32: CERTIFICATES OF OCCUPANCY

§ 108-32.1 Certificate of occupancy required.

§ 108-32.2 Temporary certificates of occupancy.

§ 108-32.3 Reissuance fee.

§ 108-33 ARTICLE 33: ZONING BOARD OF APPEALS

§ 108-33.1 Establishment.

§ 108-33.2 General powers and duties.

§ 108-33.3 Original jurisdiction.

§ 108-33.4 Appellate jurisdiction.

§ 108-33.5 Review procedure.

§ 108-33.6 Standards for decisions.

§ 108-33.7 Alternate members.

§ 108-34 ARTICLE 34: AMENDMENTS

§ 108-34.1 Procedure.

§ 108-35 ARTICLE 35: PENALTIES AND REMEDIES

§ 108-35.1 Penalties for offenses.

§ 108-35.2 Court review.

§ 108-36 ARTICLE 36: EXPENSES, ESCROW DEPOSITS AND RECREATION FEES

§ 108-36.1 SEQRA expenses.

§ 108-36.2 Inspection expenses.

§ 108-36.3 Professional review expenses.

§ 108-36.4 Recreation fees.

§ 108-37 ARTICLE 37: MISCELLANEOUS

§ 108-37.1 Conflict with other laws.

§ 108-37.2 Severability.

§ 108-37.3 Repealer.

§ 108-37.4 Exemptions from applicability of regulations.

§ 108-37.5 When effective.

§ 108-1 ARTICLE 1: TITLE, SCOPE, AND PURPOSES

§ 108-1.1 Title.

This chapter shall be known and may be cited as the "Zoning Law of the Town of Hyde Park."

§ 108-1.2 Enacting authority.

This chapter is enacted pursuant to the authority and power granted by the Municipal Home Rule Law of the State of New York and the Town Law of the State of New York, in conformance with the Town of Hyde Park Comprehensive Plan duly adopted by the Town Board. As stated herein, specific sections of Article 16 of the Town Law have been superseded by this chapter pursuant to the authority of § 10 of the Municipal Home Rule Law.

§ 108-1.3 Scope.

This chapter regulates the location, design, construction, alteration, occupancy, and use of structures and the use of land in the Town of Hyde Park. Related requirements are found in other chapters of the Town Code, including:
A. 
Building Code Administration and Enforcement, Chapter 40;
B. 
Dumping, Chapter 48;
C. 
Electrical Inspections, Chapter 51;
D. 
Environmental Quality Review, Chapter 54;
E. 
Fire Prevention, Chapter 57;
F. 
Flood Damage Prevention, Chapter 60;
G. 
Freshwater Wetlands, Chapter 63;
H. 
Parks and Recreation Areas, Chapter 82;
I. 
Property Maintenance, Chapter 84;
[Amended 8-24-2009 by L.L. No. 2-2009[1]]
[1]:
Editor's Note: This local law also redesignated former Subsections I through N as Subsections J through O, respectively.
J. 
Soil and Mining Excavation, Chapter 92;
K. 
Stormwater Management and Erosion and Sediment Control, Chapter 93;
L. 
Street Openings and Driveways, Chapter 95;
M. 
Subdivision of Land, Chapter 96;
N. 
Telecommunications Towers and Facilities, Chapter 101; and
O. 
Road Specifications, Chapter A111.

§ 108-1.4 Purposes.

The purpose of this chapter is to protect and promote public health, safety, comfort, convenience, economy, aesthetics, general welfare; to preserve the natural, agricultural and cultural resources of the Town of Hyde Park; and to serve the following additional specific purposes:
A. 
To promote the four strategic directions identified in the Town's Comprehensive Plan. These are: fostering the organic growth of Hyde Park, strengthening the civic cohesion of Hyde Park, expanding the economic base of Hyde Park, and enhancing community identity in Hyde Park.
B. 
To encourage a pattern of land use in the Town in which development with higher density, scale, and intensity of use, mixed land use, and mixed building use occurs in community centers with appropriate infrastructure and municipal services, and in which outlying areas are reserved for lower density, scale and intensity of use and maintenance of open space and natural resources.
C. 
To foster throughout the Town, but particularly in community centers, a pedestrian-oriented physical environment which encourages walking and facilitates the safe, convenient and efficient movement of pedestrians.
D. 
To support the continued expansion and diversity of the Town's economic and employment base by fostering orderly expansion of community centers while preserving the open space and rural character of outlying areas of the Town.
E. 
To facilitate the adequate provision of water, sewer, parks and other public needs by establishing infrastructure requirements for new development, and by providing public water, sewer and stormwater systems on a priority basis for the more densely developed Business Districts, Hamlets, Neighborhoods, and Landings.
F. 
In recognition of the value of the Town's location on the historic Hudson River, to protect the integrity of scenic views along the river, while promoting waterfront-based recreation areas and sensitively designed water-dependent economic development at appropriate locations along the river.
G. 
In recognition of the significance of the historic resources of the Town, including the Roosevelt properties, the Vanderbilt Mansion, the Culinary Institute of America, and Staatsburg (formerly Mills Mansion), among many others, to preserve and protect lands, buildings, and districts that are historically significant; and to enhance the aesthetic and architectural quality of the Town in the vicinity of such resources.
H. 
To provide a range of housing opportunities, including affordable housing, for all segments of the local population with due consideration for regional housing needs.
I. 
To reduce traffic congestion on major roads by establishing a pattern of development and circulation that reduces the need for driving, restricts the number of driveways directly entering major streets, provides alternative routes between destinations, and encourages walking, bicycling, and the use of public transportation.
J. 
To protect and preserve environmental resources of the Town, including waterways, groundwater and surface water supplies, ecological systems, wetlands, wildlife habitat, native vegetation and environmentally significant open space.
K. 
To encourage the conservation of energy and the appropriate use of solar and other renewable energy resources.
L. 
To establish clear, efficient and flexible land use review procedures and standards for future projects.
M. 
To ensure access to light and air, to facilitate the prevention and fighting of fires, to minimize the cost of municipal services and to accomplish the other purposes enumerated in § 263 of the Town Law of the State of New York.

§ 108-1.5 Greenway Connections. [1]

By Local Law No. 1 of the year 2002, the Town adopted the Greenway Connections: Greenway Compact Program and Guides for Dutchess County Communities, as amended from time to time, as a statement of land use policies, principles and guides. In its discretionary actions under this chapter, the reviewing agency shall be guided by said statement of policies, principles and guides. A copy of the Greenway Connections is available for inspection and copying in the office of the Town Clerk.
[1]:
Editor's Note: See Ch. 14, Greenway Connections.

§ 108-1.6 Comprehensive Plan.

By Resolution 7:11-5 of 2005 of the year 2005, the Town amended and readopted the Comprehensive Plan of the Town of Hyde Park, as a statement of vision, goals and strategies for the Town. In its discretionary actions under this chapter, the reviewing agency shall be guided by said statement of vision, goals and strategies. A copy of the Comprehensive Plan is available for inspection and review in the office of the Town Clerk.

§ 108-1.7 Corridor management plan.

In its discretionary actions under this chapter with regard to land use adjacent to or affecting Albany Post Road, the reviewing agency shall be guided by the goals, objectives and recommendations set forth in Albany Post Road/Route 9 Corridor Management Plan, Volumes 1 and 2, January 2006, a copy of which is available for inspection and copying in the office of the Town Clerk.

§ 108-1.8 Interpretation of provisions.

All provisions of this chapter shall be construed to fulfill the purposes stated in § 108-1.4, the policies, principles, and guides referred to in § 108-1.5, the statement of vision, goals and strategies referred to in § 108-1.6 and the goals, objectives and recommendations referred to in § 108-1.7 above.

§ 108-2 ARTICLE 2: DEFINITIONS

§ 108-2.1 Word usage.

A. 
Words and terms not specifically defined herein shall have the definition provided, if any, in the State Building Code, as amended from time to time. If no definition is provided in the State Building Code, then such word or term shall have the definition provided in the Merriam-Webster's Collegiate Dictionary, 11th or most current edition. A copy of the State Building Code is available for inspection in the office of the Building Inspector of the Town of Hyde Park.
B. 
All words used in the present tense include the future tense. All words in plural number include the singular unless the natural construction of the wording indicates otherwise. The terms "building" and "structure" include any part thereof. The word "land" includes all ground within the Town of Hyde Park, including surface water bodies overlying such ground. The word "he" includes "she" or "they." Unless otherwise specified, all distances shall be measured horizontally.
C. 
The word "shall" is used in its mandatory sense. The word "may" is permissive.
D. 
The word "Town" means the Town of Hyde Park. The term "Town Board" means the Town Board of the Town of Hyde Park; the term "Zoning Board of Appeals" means the Zoning Board of Appeals of the Town of Hyde Park; and the term "Planning Board" means the Planning Board of the Town of Hyde Park.

§ 108-2.2 Terms defined.

As used in this chapter, the following terms shall have the meanings indicated:
ACCESSORY STRUCTURE
A structure which is:
[Amended 8-24-2009 by L.L. No. 2-2009]
A. 
Smaller in area measured in gross square feet of all floors (excluding decks and cellars) than a permitted residential or nonresidential structure on the same lot; and
B. 
Supportive in function and subordinate in purpose to the permitted residential or nonresidential structure.
ADAPTIVE REUSE
Contemporary use of an existing building or structure for a use other than that for which it was originally designed, intended or occupied, e.g., use of a former barn as a residential dwelling.
ADULT USE
An establishment consisting of, including or having the characteristics of any or all of the following:
A. 
— An establishment having as a substantial or significant portion of its stock-in-trade books, pamphlets, magazines, and other periodicals, sculptures, photographs, pictures, slides, videotapes, sound recordings or films that are distinguished or characterized by their emphasis on matter depicting, describing or relating to sexual activities or genital areas, and which excludes any minor by reason of age.
B. 
— A public or private nightclub, bar, cabaret, restaurant or similar establishment, either with or without a liquor license, devoted to presenting material distinguished or characterized by its emphasis on matter depicting, describing or relating to sexual activities or genital areas, or that features topless dancers, go-go dancers, strippers, or similar entertainers for observation by patrons, and excludes any minor by reason of age.
C. 
— Any establishment where, for any form of consideration or gratuity, figure models are provided to be observed, sketched, drawn, painted, sculptured, photographed or similarly depicted by persons other than the proprietor paying such consideration or gratuity, and which excludes any minor by reason of age. This provision shall not apply to any school of art which meets the requirements established in the New York State Education Law for the issuance or conferring of, and is in fact authorized to issue and confer, a diploma.
D. 
— A motel which excludes any minor by reason of age and which makes available to its patrons in their rooms films, slide shows or videotapes depicting or relating to sexual activities or genital areas and which if presented in a public movie theater would exclude any minor by reason of age.
E. 
— An establishment used for presenting motion pictures, films, videos, or live entertainment distinguished or characterized by an emphasis on matter depicting, describing or relating to sexual activities or genital areas, and which excludes any minor by reason of age.
F. 
— An establishment or business which provides the service of applying paint or other substance, whether transparent or not transparent, to or on the human body and which excludes any minor by reason of age.
G. 
— Any establishment having a fixed place of business where massages are administered for pay, including but not limited to massage parlors, sauna baths and steam baths, and which excludes any minor by reason of age. This definition shall not be construed to include a hospital, nursing home, medical clinic or the office of a physician, surgeon, chiropractor, osteopath or duly licensed physical therapist or duly licensed massage therapist, or barbershops or beauty salons in which massages are administered only to the scalp, face, neck or shoulders. This definition shall also exclude health clubs which have facilities for physical exercise such as tennis courts, racquetball courts or exercise rooms, and which do not receive their primary source of revenue through the administration of massages.
H. 
— A theater which presents material in the form of live shows, films or videotapes viewed from an enclosure for which a fee is charged and which excludes any minor by reason of age.
AGRICULTURE
The commercial use of land for the raising, production, preservation, processing, storage, and sale of farm commodities such as crops, plants, flowers, vines, trees, sod, shrubs, livestock, poultry, fish, shellfish, honey, or dairy products, but not including industry or use of land primarily for the disposal of sewage or garbage.
ALLEE
A line of trees that frame the roadway.
ALLEY
A narrow street or passage between properties or buildings serving as a secondary means of access to abutting property.
ALTERATION
A modification of, or addition to, the parts of a structure other than normal maintenance or repairs, or moving a building from one location to another.
ANIMAL HUSBANDRY
The keeping, grazing, breeding, feeding and care of animals other than household pets.
APARTMENT
A separate dwelling unit contained within a building having one or more other dwelling units.
[Amended 8-24-2009 by L.L. No. 2-2009]
APARTMENT, ACCESSORY
An apartment in a one-family dwelling or in an accessory structure on the same parcel as a one-family dwelling.
[Amended 8-24-2009 by L.L. No. 2-2009]
ARTERIAL STREET
A street which serves or is designed to be used primarily for the connecting of different parts of the Town and usually carries a high volume of traffic and which is so designated on the Town's Official Map, if such map exists.
ASSEMBLY AREA
An outdoor area designated solely for use by the public to congregate for special events, ceremonies, social gatherings, and Town meetings, and, when not in such use, for passive recreational enjoyment by the public.
ATV
An all-terrain vehicle.
AUTOMOBILE, DERELICT
Any vehicle rendered inoperative by age, accident or major parts removal and which is not registered and inspected.
AWNING
A structure attached to a building and projecting from it, having no supporting posts or columns, and designed to permit being rotated to a storage position against the building when not in use.
BASEMENT
That space of a building which is partly below grade and has more than 1/2 of its average height, measured from floor to ceiling, above the finished grade of the ground adjoining the building. (See "cellar.")
BED-AND-BREAKFAST
An owner-occupied one-family dwelling offering from one bedroom to four bedrooms without kitchens, which are offered for use to transient guests by whom compensation is paid. A bed-and-breakfast is not deemed a home occupation.
BELLEFIELD PLANNED DEVELOPMENT DISTRICT
A mixed-use planned development overlay zoning district, the boundaries of which are identified on the Town Zoning Map.[1] (See § 108-3.1.1 for additional detail.)
BUILDING
A structure having a roof supported by columns or walls, affording shelter to persons, animals or property.
BUILDING CODE, STATE
The New York State Uniform Fire Prevention and Building Code, 9 NYCRR Part 600 et seq., as amended from time to time, and the International Building Code and International Residential Code, to the extent they are adopted and enforced by the State of New York.
BUILDING HEIGHT
The vertical distance measured from the average elevation of the proposed finished grade around the perimeter, measured every 10 feet, to the midpoint of the highest point of the peak of the highest roof to its associated eave. When a building not containing an accessory apartment is an accessory structure, the height is measured to the highest point of the structure.
[Amended 8-24-2009 by L.L. No. 2-2009]
BUILDING WIDTH
The horizontal distance between the outermost walls of a building measured from the outside edge, parallel to the street on which it fronts (if the building is parallel to the street) or along the axis of its greatest width (if it is not parallel to the street).
BUSINESS DISTRICT
Any of the following zoning districts in the Town of Hyde Park: East Park Business District, Town Center Historic District and Neighborhood Business District.
CAMP
A facility providing access, water, sanitary and electrical services, where persons are lodged for a seasonal or temporary period of time (less than six months) for recreational or instructional purposes.
CAMP, DAY
A camp offering care or instruction for children or adults during the day only and with no provision for sleeping or overnight accommodations.
CAMP, TRAILER
A camp primarily equipped with utility connections for two or more camping trailers or recreational vehicles.
CANOPY
A structure, other than an awning, having an integral structural frame, attached to a building along one or more sides, with or without the use of supporting posts or columns, and with or without side panels.
CELLAR
That space of a building which is partly or entirely below grade, which has more than 1/2 its height, measured from floor to ceiling, below the average finished grade of the ground adjoining the building. (See "basement.")
CEMETERY
Land used or intended to be used for the burial of the dead and dedicated for such purposes. Included in this definition are columbaria, crematories, mausoleums and mortuaries when they are operated in conjunction with and within the boundaries of such cemetery.
CERTIFICATE OF OCCUPANCY
A certificate issued by the Building Inspector and the Zoning Administrator for a building or structure, which states that the building or structure conforms to the requirements of the Building Code and this chapter.
CHARITABLE INSTITUTION
An institution which is incorporated as a Type B public benefit not-for-profit corporation as defined in Article 2, § 201, of the Not-for-Profit Corporation Law of the State of New York, and which qualifies for exemption under Internal Revenue Code § 501(c)(3), excluding those institutions which are penal or correctional institutions, residential care facilities, day-care facilities, or institutions owned or operated by governmental agencies.
CIVIC FACILITY
Buildings, structures, and uses owned and operated by the Town or Fire District and regularly used for community meetings, recreation and other forms of public assembly.
CLUSTER DEVELOPMENT
A subdivision plat or plats, approved by the Planning Board pursuant to § 96-9 of Chapter 96 of this Code, in which the applicable density, minimum lot size and setback requirements of this chapter are modified to provide an alternative permitted method for the layout, configuration and design of lots, buildings and structures, roads, utility lines and other infrastructure, parks, and landscaping in order to preserve the natural and scenic qualities of open lands. The Planning Board may, at its discretion, require residential clustering in all zoning districts defined herein.
COMMERCIAL RECREATION
Any occupation, employment or enterprise of an outdoor or indoor recreational nature not addressed elsewhere in this article that is carried on for profit by the owner, lessee or licensee, excluding the use of gasoline-powered motor vehicles. No such activities shall be defined as a hazard by the State Building Code. All such activities must be compatible with other uses in the district.
COMMERCIAL USE (GENERAL)
An occupation, employment or enterprise that is carried on for profit by the owner, lessee or licensee not otherwise specified in the use regulations.
COMMUNITY AREAS
Those areas intended for use or enjoyment by all residents of a development, including streets, alleys, parking areas, walkways, landscaped areas, open space and recreation areas.
COMMUNITY FACILITY
A place, structure, area or other facility used for and/or providing social and or recreational programs generally open to the public, and designed to accommodate and serve significant segments of the community.
COMMUNITY RESIDENCE
A multiple dwelling for the mentally disabled as defined by § 1.03(28) of the Mental Hygiene Law.
COMMUNITY USE
A not-for-profit activity that is carried on for the benefit of the community, such as educational, scientific, religious, municipal and charitable institutions and activities.
A. 
An application that includes the following:
(1) 
All information concerning the proposed project in the format required by the applicable provisions of this chapter;
(2) 
All application fees required by this chapter and the professional review fee escrow deposit, if any, required by the reviewing agency;
(3) 
An EAF or DEIS assessing the potential environmental impacts of the proposed project;
(4) 
A determination by the reviewing agency (or by the lead agency in the event of coordinated review) that the proposed project is not likely to have a significant impact on the environment (negative declaration) or the filing of a notice of completion of a DEIS in accordance with the provisions of SEQRA.
B. 
An application is considered "administratively complete" for processing by the Zoning Administrator when it includes items in Subsection A(1) through (3) above, but not (4).
COMPREHENSIVE PLAN
The most recent Comprehensive Plan adopted by the Town Board pursuant to § 272-a of the Town Law.
CONSERVATION EASEMENT
A perpetual restriction on the use of land, created in accordance with the provisions of § 49, Title 3, of the Environmental Conservation Law or of § 247 of the General Municipal Law, for the purposes of conservation of open space, agricultural land, and natural, cultural, historic or scenic resources.
CONSTRUCTION AND DEMOLITION DEBRIS CONTAINER
A container over 100 gallons in capacity (commonly referred to as a "dumpster") for the collection and temporary storage for removal of construction and/or demolition debris.
CORE
The central area of a Neighborhood or Hamlet, where a mixture of appropriate residential and nonresidential uses is permitted, the boundaries of which are set forth on the Town Zoning Map.[2] (See § 108-3.1.1.)
COURTYARD
A landscaped area adjacent to a building enclosed by a low wall or a hedge.
COVERAGE
The percentage of the area of any lot physically covered or occupied by the combined area of all structures and impervious surfaces.
CULTURAL FACILITY
A public library, museum or similar institution that serves the public.
DAILY VEHICLE TRIP
One round trip of a motor vehicle to and from a use or structure.
DAY-CARE CENTER
A facility operated on a regular basis for a fee, for care of children as defined in Social Services Law § 390, or for the care of adults whose ability to independently perform the normal activities of daily life is limited by age or physical or other impairment but who do not require the level of care provided by nursing homes or medical facilities. A day-care center shall not include any facilities that provide overnight accommodations.
DEC
The New York State Department of Environmental Conservation.
DEIS
A draft environmental impact statement prepared in accordance with the requirements of SEQRA.
DENSITY
The relative compactness or closeness of a use of land expressed in dwelling units per acre (DU/A).
DEVELOPMENT
Any man-made change to improved or unimproved real estate, including but not limited to construction or alteration of buildings or other structures, as well as mining, dredging, filling, paving, excavation or drilling operations.
DRIVEWAY
A private vehicular way which provides access to a street for a structure or off-street parking facility, but which does not provide a route for through traffic.
DWELLING
A building used exclusively for residential purposes, containing one or more dwelling units.
DWELLING, MULTIPLE
See "multiple dwelling."
DWELLING, ONE-FAMILY
See "one-family dwelling."
DWELLING, TWO-FAMILY
See "two-family dwelling."
DWELLING UNIT
One or more rooms with provisions for living, cooking, sanitary and sleeping facilities arranged for the use of one family.
EAF
An environmental assessment form prepared pursuant to the requirements of SEQRA.
EASEMENT
Authorization by a property owner for the use by another of any designated part of his property for a specified purpose.
EAST PARK BUSINESS DISTRICT (EPBD)
A zoning district oriented towards Route 9G, the boundaries of which are shown on the Town Zoning Map.[3]
EDUCATIONAL INSTITUTION
Any school or other organization or institution conducting a regularly scheduled curriculum of study similar to that of the public schools and operated by not-for-profit corporations under the Education Law of the State of New York.
EIS
An environmental impact statement prepared in accordance with the requirements of SEQRA.
ENGINEER or LICENSED PROFESSIONAL ENGINEER
A person licensed and currently registered as a professional engineer by the State of New York or licensed in a state with a reciprocal agreement with the State of New York.
FACADE
The exterior wall or walls of a building which identify the architectural front, sometimes distinguished from the sides and rear by elaboration of architectural or ornamental details.
FAMILY
One or more persons residing in a dwelling unit as a household constituting a single housekeeping unit.
FARM
A lot, together with its structures, on which agriculture is conducted as the principal use.
[Amended 8-24-2009 by L.L. No. 2-2009]
FENESTRATION
The arrangement, proportioning and design of windows and doors in a building.
FILED MAP
Any map or plat filed in the Dutchess County Clerk's Office.
FINISH GRADE
The natural surface of the ground or the surface of the ground after completion of any change in contour.
FLAG LOT
A lot with a developable area connected to a public road by a narrow strip of land that includes a driveway or a landlocked lot that is connected to a public road only by a narrow right-of-way easement.
FOG LINE
The line painted on a highway, usually bright white, which separates the travel lane from the shoulder.
[Added 8-24-2009 by L.L. No. 2-2009]
FORESTRY USE
A wooded area, whether managed or unmanaged, that may include conservation of wildlife habitat, provision of outdoor recreation, production of timber and forest crops, protection of water quality, regulation of water flows, conservation of soil, carbon sequestration and/or protection of aesthetic qualities. Forestry use is allowed in all zoning districts. Timber harvesting is a permitted forestry use subject to the provisions of Chapter 102.
[Added 3-28-2011 by L.L. No. 2-2011]
FRONT
That part or side of a structure which most closely parallels the frontage of the lot on which it is located or to which it relates. On a corner lot fronting two streets, the front is considered to be on the street of the legal address.
FRONTAGE
That portion of any lot which bounds a street, as measured along the property line which is coincidental with such street right-of-way or center line, or on a corner lot, in which case frontage is along both streets.
GAS STATION
Any area of land, including structures thereon, or any building or part thereof that is primarily used for motor fuel sales.
GATEWAY
A location along a street where one enters or leaves a Neighborhood, Hamlet, Business area or the Town of Hyde Park, as identified in the Comprehensive Plan.
GREENBELT
A zoning district including all the land in the Town east of the center line of U.S. Route 9, outside the Hamlets, Neighborhoods and Business Districts. (See § 108-3.1.1.)
HAMLET
A zoning district with a mixed-use core, the boundaries of which are identified on the Town Zoning Map.[4] (See § 108-3.1.1 for additional detail.)
HEALTH-CARE FACILITY
A hospital, medical center or any other place for the diagnosis, treatment and care of human illness or injury.
HEIGHT
The vertical extent or distance from the average elevation of the proposed finished grade around the perimeter, measured every 10 feet, of any structure other than a building being measured to the highest point of such structure. (See "building height.")
HEIGHT-TO-WIDTH RATIO
For a building, the relationship between the height and the width of the building. For example, a building 20 feet high and 40 feet wide would have a height-to-width ratio of 1:2. For a street, the relationship between the height of a building facing the street and the width of the corridor. For example, a twenty-foot building facing an eighty-foot corridor (from building face to building face) would have a height-to-width ratio of 1:4.
HISTORIC RESOURCE
Any historic or prehistoric building, structure, facility, site or district listed on the State and/or National Registers of Historic Places, as well as any locally significant historic resource designated pursuant to Article 5-K of the General Municipal Law.
HOME OCCUPATION
A nonresidential use that is secondary and clearly subordinate to an existing residential use, conducted within a dwelling unit or an accessory structure, by a permanent resident of that dwelling unit. Such use shall not change the residential character of the dwelling unit or the vicinity.
[Amended 8-24-2009 by L.L. No. 2-2009]
HOMEOWNERS' ASSOCIATION (HOA)
An organization of resident homeowners in a particular development. The major purpose of the HOA is to preserve, maintain and provide community areas, facilities and services for the common enjoyment of the residents.
HYDRIC SOIL
A soil that is saturated, flooded or ponded long enough during the growing season to develop anaerobic conditions in the upper part, as set forth in the Federal Manual for Identifying and Delineating Jurisdictional Wetlands, dated January 1989, prepared by the federal government and as updated from time to time, a copy of which is on file with the Town Clerk for reference.
[Added 8-24-2009 by L.L. No. 2-2009]
HYDROPHYTIC VEGETATION
Those plants that are dependent upon seasonal or permanent flooding or sufficiently waterlogged soils to give them a competitive advantage over other species. These plants may belong to any of the following vegetative types: wetland trees, wetland shrubs, submerged vegetation, rooted floating-leaved vegetation, free-floating vegetation, wet meadow vegetation and bog mat vegetation.
[Added 8-24-2009 by L.L. No. 2-2009]
IMPERVIOUS SURFACE
Any ground area through which water does not readily penetrate because a covering has been imposed upon it. Such coverings include but are not limited to roofed structures, compacted soil, and pavement consisting of concrete, macadam, oil and stone, tar, or asphalt.
INTENSITY
The amount of traffic generated by a use or structure, expressed as the number of daily vehicle trips associated with the use or structure.
KENNEL
A facility for keeping five or more dogs over the age of five months, including a facility for animal rescue, such as, but not limited to, the Dutchess County Society for the Prevention of Cruelty to Animals. The term "kennel" includes a veterinary office only if it has outdoor facilities for boarding or exercising five or more dogs over the age of five months.
[Amended 8-24-2009 by L.L. No. 2-2009]
LAND
The earth or ground within the Town of Hyde Park, including surface water bodies overlying such earth or ground.
LANDING
A zoning district constituting a mixed-use center bordered by the Waterfront District providing for the water-dependent or water-enhanced needs of the region, the boundaries of which are located on the Town Zoning Map.[5]
LANDSCAPING
Open space features which include but are not necessarily limited to the following existing and cultivated elements arranged to produce an ornamental or otherwise desired effect: turf, meadow, rocks, watercourses or water bodies, trees, shrubs, flowers, walls, berms, swales, lanes, paths and other similar natural and man-made elements and forms.
LICENSED PROFESSIONAL
An individual licensed by the Education Department of the State of New York to perform engineering, architectural, surveying, or landscaping services.
LIGHT INDUSTRIAL USE
The limited use of land or structures to manufacture or process products. This includes making, altering, assembling, bottling, canning, finishing, handling, mixing, packaging, repairing, cleaning, laundering and similar operations. All such activities must be carried out within a completely enclosed building without the emission of dust, fumes, smoke, noise or vibration. Also, they must be defined as low hazard or no hazard by the State Building Code. Finally, they must be compatible with other uses in the district.
LODGING FACILITY
Any hotel, motel, inn or other establishment providing sleeping accommodations for transient paying guests. Such an establishment may, but need not, have a dining room or restaurant. Bed-and-breakfast establishments are excluded from this definition.
LOGGING
The selective cutting and sale of standing timber from parcels of 10 acres or more. Clear cutting of said parcels is prohibited.
LOT
A parcel of land separated from other parcels of land for purposes of sale, lease or separate use. Such separation may be described on a subdivision plat, indicated on a recorded map or deed, specified by metes and bounds, or created as the result of a public street or railroad right-of-way.
LOT AREA
The total horizontal area included within lot boundaries.
LOT, CORNER
A lot of which at least two adjacent sides each abut on streets or public places for a total distance of at least 50 feet.
LOT LINE
One of the property lines that establish the metes and bounds of a lot.
LOT, NONCONFORMING
See "nonconforming lot."
MAJOR SUBDIVISION
Any subdivision not classified as a minor subdivision, including but not limited to subdivisions of more than five lots or any size subdivision requiring any new street or extension of municipal facilities.
MANUFACTURED HOME
A structure, transportable in one or more sections, which, in traveling mode, is eight body feet or more in width or 40 body feet or more in length, or, when erected on site, is 320 or more square feet, and which is built in compliance with federal regulations, or built prior to January 15, 1976, and which is built on a permanent chassis and designed to be used as a dwelling unit with or without a permanent foundation when connected to the required utilities, and includes plumbing, heating, ventilating and electrical systems contained therein. The term "manufactured home" does not include a modular home.
MANUFACTURED HOME PARK
Any plot of land containing a minimum of 10 acres upon which a minimum of 20 manufactured homes can be located and used as one-family dwellings.
MANUFACTURED HOME PARK, NONCONFORMING
A currently licensed manufactured home park which:
A. 
Obtained its license prior to the effective date of enactment of Article 26 of this chapter; and
B. 
Does not conform to the requirements of § 108-26.3.
MEMBERSHIP CLUB
Premises devoted exclusively to use by an organization's members and their guests for social, recreational, and/or athletic purposes, not conducted primarily for gain, and not including any vending stands, merchandising or commercial activities, except incidentally for the convenience of the membership.
MINING
Use of land for the purpose of extracting and selling stone, sand, gravel, or other minerals, as defined in § 23-2705 of the Environmental Conservation Law, not including the process of preparing land for construction of a structure for which a zoning permit and building permit have been issued. Mining is subject to regulations under Chapter 92 of this Code.
MINOR SUBDIVISION
Any subdivision containing not more than five lots, each fronting on an existing street, not involving any new street or road (excepting a shared driveway), whether intended to be public or private, or the extension of Town facilities and not adversely affecting the development of the remainder of the parcel of adjoining property and not in conflict with any provision or portion of the Comprehensive Plan, Official Map, or this chapter.
MIXED USE
A combination of residential and nonresidential uses on the same lot, in the same building or in the same district.
MODULAR HOME
A dwelling unit constructed on site in accordance with New York State Building Code and municipal codes and composed of components substantially assembled in a manufacturing plant and transported to a building site for final assembly on a permanent foundation.
MOTOR VEHICLE
See "vehicle, motor."
MULTIPLE DWELLING
A building or structure providing three or more dwelling units.
MUNICIPAL
Buildings, structures, and uses owned and operated by the Town, county, state or federal government, not including civic facilities.
NEIGHBORHOOD
A zoning district constituting a community that may have a mixed-use core, the boundaries of which are located on the Town Zoning Map.[6]
NEIGHBORHOOD BUSINESS DISTRICT (NBD)
A zoning district located at one of several points along the state roads, the boundaries of which are located on the Town Zoning Map.[7]
NONCONFORMING LOT
A lot of record that does not comply with the area, shape, frontage, or location provisions of this chapter for the district in which it is located, but which was conforming at the time it was created.
NONCONFORMING STRUCTURE
Any structure lawfully existing at the effective date of this chapter or any amendment thereto which does not comply with the requirements of this chapter solely by virtue of said enactment or amendment.
[Amended 8-27-2007 by L.L. No. 10-2007; 10-29-2007 by L.L. No. 12-2007; 8-24-2009 by L.L. No. 2-2009]
NONCONFORMING USE
Any use lawfully existing at the effective date of this chapter or any amendment thereto which does not comply with the requirements of this chapter solely by virtue of said enactment or amendment.
[Amended 8-24-2009 by L.L. No. 2-2009]
NURSERY SCHOOL
A use providing care and instruction for two or more children less than six years of age and not otherwise qualifying as a day-care center. The term shall include a day nursery.
NYCRR
The Official Compilation of the Codes, Rules and Regulations of the State of New York.
OFFICIAL MAP
The map, if any, established by the Town Board pursuant to § 270 of the Town Law, showing streets, highways, parks and drainage, both existing and proposed.
OFFICIAL NEWSPAPER
The newspaper or newspapers designated by the Town Board for the publication of official notices of meetings and public hearings.
ONE-FAMILY DWELLING
The use of a building or structure to provide one dwelling unit.
OPEN SPACE
Land left in a natural state for conservation and agricultural purposes or land landscaped for scenic purposes, devoted to active or passive recreation, or devoted to the preservation of distinctive architectural, historic, geologic or botanic sites. The term shall not include land that is paved, used for the storage, parking or circulation of automobiles, or occupied by any structure. Preserved open space may be included as a portion of one or more large lots, or may be contained in a separate open space lot. The required open space land may not include private yards within 50 feet of a permitted structure, other than an accessory structure.
[Amended 8-24-2009 by L.L. No. 2-2009]
OVERLAY DISTRICT
A zoning district covering specific geographic areas of concern that is applied to portions of one or more zoning districts, indicating regulations in addition to those of the underlying zoning district.
PARCEL
A circumscribed area of land identified by a unique Tax Map identification number consisting of a section, map and lot number.
PARKING SPACE
An off-street area suitable for parking one automobile, which for the purposes of this chapter is a space at least nine feet wide and 18 feet long, and, in addition, sufficient other areas for ingress, egress, maneuvering and having direct usable access to a street.
PERSON
An individual, firm, trust, partnership, association, corporation, limited-liability company or other legal entity.
PETS
Dogs, cats and similar small animals typically kept in a household. The term does not include chickens, pigs, goats, sheep, cows, deer, horses, mules, donkeys, llamas, alpacas, livestock and other animals typically associated with farming and animal husbandry.
[Amended 8-24-2009 by L.L. No. 2-2009]
PLANNED UNIT DEVELOPMENT (PUD)
An overlay district for the mixed-use development of land that is under unified control and is planned and developed as a whole in a single development operation or programmed series of development stages The development may include streets, circulation ways, utilities, buildings, open spaces, and other site features and improvements, uses and structures that exceed the permitted density and scale (where applicable) of use in the district, as well as uses not otherwise allowed by the underlying zoning.
PLANT NURSERY
A facility, the principal business of which is selling plants.[8]
PUBLIC UTILITY FACILITY
An installation used by a public agency or franchised public utility to supply or transmit electric, gas, water, cable television, telephone, or other utility service; included are such facilities as electric substations, high-voltage transmission lines, pump stations, water supply wells, water towers, and telephone substations. Utility distribution facilities serving customers directly are considered customary accessory structures, not public utility facilities. Telecommunications towers and facilities are also regulated under Chapter 101 of this Code.
[Amended 8-24-2009 by L.L. No. 2-2009]
PUD
See "planned unit development."
RELIGIOUS USE
The use of a place, structure, area or other facility for assembly for religious purposes such as the worship of a deity or deities.
RESIDENTIAL CARE FACILITY
A residence for three or more infirm children, adolescents or adults who require personal care, supervision and services, where compensation and/or reimbursement of costs is paid to an operator pursuant to state and/or federal standards, licensing requirements, or programs funding such services.
RESUBDIVISION
A change of an approved or recorded subdivision plat if such change affects any street layout shown on such plat, any area reserved thereon for public use, any lot line, or any map or plan legally recorded prior to the adoption of any regulations controlling subdivisions.
RETAIL SALES
Establishments engaged in selling goods or merchandise to the general public for personal or household consumption and rendering services incidental to the sale of such goods.
ROADSIDE STAND
A seasonal structure, not to exceed 150 square feet, used for the display and storage of agricultural produce or agricultural products for sale to the general public.
ST. ANDREWS DISTRICT
A zoning district located on the west side of Route 9 in the southern part of the Town, the boundaries of which are shown on the Zoning Map.[9]
SCALE
The size of a use or structure, expressed in gross square feet, including the total area occupied by the use or structure, including all floors of the structure, and including all parking stalls required for such use or structure, but not including the remaining area of the parking lot or driveways. Scale limits do not apply to one- and two-family residential uses, animal husbandry, or agricultural use.
[Amended 8-24-2009 by L.L. No. 2-2009]
SCENIC RESOURCE
Any street designated pursuant to Article 49 of the Environmental Conservation Law, and any area designated a scenic area of statewide significance pursuant to New York State's Coastal Management Program.
SCRAP YARD
The use of more than 100 square feet of land or structures for more than 30 days for the dismantling or accumulation of used and discarded materials outside of a completely enclosed building. The term does not include a refuse disposal site as defined in Chapter 66.
SENIOR CITIZEN HOUSING
A multiple-dwelling use for senior citizens, intended primarily for persons who are in good physical condition and do not require physical assistance.
SETBACK
The required minimum distance from the property line to the nearest part of the structure measured at right angles to the property line.
SEQRA
The State Environmental Quality Review Act, Article 8 of the Environmental Conservation Law, as amended from time to time.
SHED
A temporary or permanent accessory structure for storage or animal husbandry, not to exceed 140 square feet of floor space and 10 feet in height. The term "shed" does not include a shipping container or truck body.
[Amended 8-24-2009 by L.L. No. 2-2009]
SHOPPING CENTER
A grouping of three or more retail stores, offices or other nonresidential uses which share adjacent off-street parking facilities.
[Amended 8-24-2009 by L.L. No. 2-2009]
SIGN
A structure or assembly of materials used to convey information, such as a name, direction, warning, or advertisement, that is prominently displayed for public view and that consists of letters or symbols formed, inscribed or mounted on wood, metal, masonry or any other material. The term "sign" shall be limited to those signs that are visible from a street, parking lot or walkway, whether displayed indoors or outdoors.
[Amended 8-24-2009 by L.L. No. 2-2009]
SIGN AREA
The entire area within a single continuous perimeter enclosing the extreme limits of lettering, representations, emblems or other figures, together with any material or color forming an integral part of the display or used to differentiate the sign from the background against which it is placed. Structural members bearing no sign copy shall not be included. Where a sign consists solely of individual letters or symbols directly fastened to or painted on the surface of a structure and there is no defined border or frame, the area shall be deemed to be that of the smallest geometric shape that encompasses all such letters or symbols. The total sign area shall be the sum of the areas of all sign faces provided by any particular structure other than a building. In the case of a building, each sign face shall be deemed to be a separate sign area.
[Amended 8-24-2009 by L.L. No. 2-2009]
SIGN FACE
The plane or curved two-dimensional surface of a sign upon which the means of communicating information are installed. Each distinguishable surface of a structure that contains such means shall constitute a separate sign face.
SITE
The total contiguous land of any owner, including a lot, a portion of a lot, or multiple lots, on which a use or physical improvements related thereto is, has been, or is to be located.
SITE PLAN
One or more drawings, made to scale, describing the location, extent and construction of proposed physical improvements to land and the location and extent of any existing physical improvements, prepared to specifications and containing necessary elements as set forth in this chapter showing the arrangement, layout and design of the proposed uses of a single lot as shown therein.
SPECIAL USE PERMIT
A permit issued by the Planning Board pursuant to Article 8 for a particular land use that is permitted in this chapter, subject to requirements imposed by this chapter.
STAND, ROADSIDE
See "roadside stand."
STATE BUILDING CODE
See "building code, state."
STONE WALL, HISTORIC ROADSIDE
An existing stone wall built along Route 9, Route 9G, or in Staatsburg before 1950 to separate the lot from the roadway. An historic roadside stone wall is considered to exist if 25% or more of the original height of the wall remains.
STORY
That portion of a building between one floor and the next higher floor, or, in the case of the top story, between the floor and the roof.
STREAM
Any watercourse having a DEC classification of AA, A, B, C or D.
STREAM CORRIDOR
The bed of a stream and the land within 100 feet of the mean high water level on either side of the stream.
[Amended 8-24-2009 by L.L. No. 2-2009]
STREET
A public route or public road for vehicular traffic, whether designated as a street, lane, road, highway, parkway, avenue, boulevard, place, drive, throughway, thruway, expressway, or however else designated. The term "street" shall not include a driveway, a shared driveway, alley or alleyway, a waterway or a trail, but shall include any other improved vehicular route shown on a map filed with the Dutchess County Clerk or the Town Zoning Map.[10] The term "street" includes the land between the street right-of-way lines and may comprise pavement, shoulders, gutters, sidewalks, planted strips, parking areas and other areas within the street lines.
STREET, COLLECTOR
A street which carries traffic from minor streets or abutting properties to the major system of arterial streets and which is so designated on the Town's Official Map, if any. Such streets shall be the principal entrance and circulation streets within a development.
STREET RIGHT-OF-WAY
The full width of a publicly maintained traveled way, whether acquired through dedication or by use. It may include pavement, shoulders, ditches or gutters, culverts or sluiceways. It may be defined in metes and bounds and be filed with the proper authorities, or it may have been used and maintained by the public for a period of 10 years or more.
STRUCTURE
A static assembly of materials, forming a construction framed of component structural parts for occupancy or use, such as a building, vending machine, dam, display stand, gasoline pump, installed manufactured home or trailer, reviewing stand, shed, sign, stadium, storage bin, fence or wall.
STRUCTURE, ACCESSORY
See "accessory structure."
[Amended 8-24-2009 by L.L. No. 2-2009]
STRUCTURE, NONCONFORMING
See "nonconforming structure."
SUBDIVISION
The division of any parcel into two or more lots, with or without streets, for the purpose of sale, lease, transfer of ownership or development.
SUBDIVISION, MAJOR
See "major subdivision."
SUBDIVISION, MINOR
See "minor subdivision."
SUBDIVISION, UNDEVELOPED
A subdivision plat where 20% or more of the lots within the plat are unimproved.
TELECOMMUNICATIONS TOWER OR FACILITY
Any structure or structures owned or operated for commercial purposes which are designed for and capable of receiving and/or transmitting electromagnetic signals for the purpose of communication. Such towers and facilities are subject to regulation under Chapter 101 of this Code.
TENT STORAGE
The use of a tent or other similar type of structure for the temporary or permanent outdoor storage of equipment or materials.
TERRACE
A flat, level and/or raised area of land that is improved or landscaped for use as a walkway or a patio.
TOWN CENTER HISTORIC DISTRICT (TCHD)
A zoning district located along NYS Route 9 and encompassing what is known traditionally as the historic hamlet area of Hyde Park, the boundaries of which are located on the Town Zoning Map.[11]
TOWNHOUSE
One of a group of two or more attached dwelling units, on separate parcels, divided from each other by party walls and each having separate entrances from the outside.
TRAILER
A vehicle dependent on a separate mechanical or animate means for movement, including wagons, carts and similar devices.
TRAILER, CAMPING
A trailer used for camping, extended excursions or recreational purposes only, with or without electric, heating, cooking or sanitary facilities capable of temporary connection to site utilities.
TRAILER, COMMERCIAL
A trailer having integral panel systems enclosing three or more sides and the top, primarily used for transportation of material, equipment, produce, or animals. A commercial trailer shall be deemed to be a building when placed on any lot for the purpose of storing rather than transporting.
TRAILER, CONSTRUCTION
A commercial trailer used in connection with construction projects, for the purposes of office, machine shop, or storage. A construction trailer shall be deemed to be a building when used in a stationary manner on a construction site. A construction trailer may have electric and heating capable of temporary connection to site utilities.
TRAILER, UTILITY
A trailer without an integral top panel system and with or without integral side panel systems, including trailers of all types not otherwise specifically defined herein.
TRANSITION LINE
A horizontal line across the front of a building expressed by a change of material or by a limited projection such as a cornice or balcony, dividing the facade to permit shop fronts and signage to change over time without destroying the overall composition of the facade.
TRANSPORTATION CORRIDOR
A traveled route used for the movement of vehicles, goods, or people, including the Hudson River.
TRIP GENERATION
The number of vehicle trips generated by land use type. Mean trip generation rates and units as published in the Institute of Transportation Engineers (ITE) Trip Generation Report, current edition, or similar standards shall be used in these determinations.
TWO-FAMILY DWELLING
The use of a building to provide two dwelling units.
USE
The specific purpose for which land or a structure is designed, arranged, intended or for which such land or structure is or may be occupied, employed or maintained.[12]
USE, MIXED
See "mixed use."
USE, NONCONFORMING
See "nonconforming use."[13]
USE, TEMPORARY
A use that does not involve an irreversible, or nearly irreversible, commitment of land and which is conducted for a period of time not exceeding four months.
USED CAR
Any motor vehicle, other than a new car, that is intact, with battery in an operating condition and capable of passing state inspection for road use.
USED CAR DEALER
Any person or persons engaged in the business of selling and/or buying and storing used cars.
USED CAR LOT
A parcel upon which one or more used motor vehicles are offered for sale or consignment or lease exceeding the limits for vehicle for sale permits as per § 108-30.6B(4).
VARIANCE, AREA
An authorization by the Zoning Board of Appeals for the use of land in a manner which is not allowed by the dimensional or physical requirements of this chapter.
VARIANCE, USE
An authorization by the Zoning Board of Appeals for the use of land for a use which is otherwise not allowed or is prohibited by this chapter, provided that the term does not include a PUD.
VEHICLE, MOTOR
A self-propelled, land-operated vehicle, including, without limitation, an automobile, car, truck, motorcycle, ATV, off-road vehicle, recreational vehicle, or other vehicle.[14]
VEHICLE, OFF-ROAD
A motor vehicle not requiring streets for operation, including trail bikes, ATVs, snowmobiles, golf carts and similar vehicles.
VEHICLE, RECREATIONAL
A motor vehicle, licensed by the State of New York for operation on streets, containing electric, heating, sanitary, and/or cooking facilities, intended for use with site-provided utility connections, used for camping, extended excursions or recreational purposes only, commonly referred to as an "RV" or "motor home."
VESSEL
A craft or device for traveling on water larger than a punt and including a boat or ship.
VOLUME
The amount of three-dimensional space that a structure envelopes as measured in cubic units, as defined by the exterior surfaces of such structure and the plane established by the average finish grade along the foundation of such structure plus any basement or cellar space below such plane as defined by the surface of those walls and floors in contact with the ground.
WALKWAY
A component of a transportation corridor intended for the travel of persons by foot, wheelchair or manually operated device.
WATERCOURSE
Any visible path through which surface water travels on a regular basis, including a stream or river. A drainage ditch, swale, or surface feature that contains water only during and immediately after a rainstorm or a snow melt shall not be considered to be a watercourse.
WATER-DEPENDENT USE
A use requiring a location abutting the Hudson River, limited to the following:
A. 
A use that depends on the utilization of resources found in the River;
B. 
A recreational activity which depends on access to the River;
C. 
A use providing for the transfer of goods to and from the River;
D. 
A structure needed for navigational purposes or flood and erosion protection;
E. 
A use providing mooring, docking, storage, service or maintenance of boats;
F. 
An education use which, by its nature, requires access to the River; or
G. 
An accessory structure necessary for the successful functioning of a permitted water-dependent use, provided that such accessory structure is located inland from such water-dependent use rather than on the shore.
[Amended 8-24-2009 by L.L. No. 2-2009]
WATER-ENHANCED USE
A use that does not have critical dependence on a location on the shore of the Hudson River, but whose profitability and/or level of enjoyment by those using the facility would be increased significantly if the use were adjacent to or had visual access to the river. All one-family and two-family residential uses, restaurants and tourist facilities are considered water-enhanced uses.
WATERFRONT
A zoning district including all the land in the Town west of the center line of U.S. Route 9, outside the CIAN, Landings, Hamlet, Neighborhood and Business Districts, the boundaries of which are located on the Town Zoning Map.[15]
WAY
A path, route or course that may be lawfully used to travel from one place to another.
WETLAND
Any area possessing three essential characteristics: hydrophytic vegetation, hydric soils and wetland hydrology, all of which must be present in an area to be considered a wetland. The criteria to determine the presence of hydrophytic vegetation, hydric soils and hydrological indicators shall be those set forth in the Federal Manual for Identifying and Delineating Jurisdictional Wetlands, dated January 1989, a copy of which is on file in the office of the Town Clerk for reference. Wetlands shall include all portions of DEC-regulated wetlands, all portions of ACOE-regulated wetlands, and all portions of wetlands not regulated by either DEC or ACOE.
[Amended 8-24-2009 by L.L. No. 2-2009]
YARD
An area free of buildings on the same lot with a building or group of buildings, which area lies between the building or group of buildings and the nearest lot line and is unoccupied and unobstructed from the ground upward, except as may be specifically authorized in this chapter. In measuring a yard, as hereinafter provided, the line of a building shall be deemed to mean a line parallel to the nearest lot line, drawn from a point of a building or the point of a group of buildings nearest to such lot line, and the measurement shall be taken at right angles from the line of the building, as defined herein, to the nearest lot line.
YARD, FRONT
A yard extending across the full width of the lot and lying between the front lot line and the nearest line of the building. If the plot abuts a state highway, the front yard will be on the side abutting the state highway.
YARD, REAR
A yard extending across the full width of the lot and lying between the rear line of the lot and the nearest line of the building.
YARD, SIDE
A yard between the side line of the lot and the nearest line of a building and extending from the front yard to the rear yard, or, in the absence of either of such yards, extending from the front lot line to the rear lot line, as the case may be.
ZONING ADMINISTRATOR
The Town official charged with the administration and enforcement of this chapter.
ZONING MAP
The official Zoning Map of the Town established under § 108-3.2 of this chapter, entitled "Zoning Map, Town of Hyde Park, New York," as may be amended, which map accompanies this text. The official Zoning Map is available for inspection in the Office of the Town Clerk.[16] (See § 108-3.2.)
[1]:
Editor's Note: A copy of the Zoning Map is included at the end of this chapter.
[2]:
Editor's Note: A copy of the Zoning Map is included at the end of this chapter.
[3]:
Editor's Note: A copy of the Zoning Map is included at the end of this chapter.
[4]:
Editor's Note: A copy of the Zoning Map is included at the end of this chapter.
[5]:
Editor's Note: A copy of the Zoning Map is included at the end of this chapter.
[6]:
Editor's Note: A copy of the Zoning Map is included at the end of this chapter.
[7]:
Editor's Note: A copy of the Zoning Map is included at the end of this chapter.
[8]:
Editor's Note: The definition of “principal use or structure,” which immediately followed this definition, was repealed 8-24-2009 by L.L. No. 2-2009.
[9]:
Editor's Note: A copy of the Zoning Map is included at the end of this chapter.
[10]:
Editor's Note: A copy of the Zoning Map is included at the end of this chapter.
[11]:
Editor's Note: A copy of the Zoning Map is included at the end of this chapter.
[12]:
Editor's Note: The definition of “use, accessory,” which immediately followed this definition, was repealed 8-24-2009 by L.L. No. 2-2009.
[13]:
Editor's Note: The definition of “use, principal,” which immediately followed this definition, was repealed 8-24-2009 by L.L. No. 2-2009.
[14]:
Editor's Note: The definition of “vehicle, nonmotorized,” which immediately followed this definition, was repealed 8-24-2009 by L.L. No. 2-2009.
[15]:
Editor's Note: A copy of the Zoning Map is included at the end of this chapter.
[16]:
Editor's Note: A copy of the Zoning Map is included at the end of this chapter.

§ 108-3 ARTICLE 3: ESTABLISHMENT OF DISTRICTS

§ 108-3.1 Districts established.

§ 108-3.1.1 Land use districts and purposes.

[Amended 7-28-2008 by L.L. No. 3-2008]
The Town of Hyde Park is hereby divided into the following districts:
Greenbelt District
GB
Waterfront District
WF
Neighborhood District
N
Hamlet District
H
East Park Business District
EPBD
Town Center Historic District
TCHD
Neighborhood Business District
NBD
St. Andrews District
SAD
Landing District
L
Bellefield Planned Development District
BPDD
Core Districts:
Neighborhood Core
NC
Hamlet Core
HC
A. 
Greenbelt District (GB). The Greenbelt District includes all the land in the Town east of the center line of U.S. Route 9 outside the Hamlet, Neighborhood, and Business Districts.
(1) 
Purpose. The purpose of the Greenbelt District is to provide for low-density residential uses while retaining the open space quality of the land, to preserve and expand agricultural operations in the Town, to protect historic resources, to protect streams, wetlands and other natural resources, and to integrate natural resources into existing parklands. Large-scale development in the Greenbelt is discouraged.
(2) 
Existing character. The Greenbelt is defined by topographical and soil features, including rock outcrops, terraces, and wetness, that severely limit development and give it a rural character. Major north-south ridges and valleys segregate the district and impede east-west transportation. The district contains residential parcels of varying sizes as well as large undeveloped lots, including the majority of lands in Agricultural District 20 and public lands such as schools, historic sites and public parks.
B. 
Waterfront District (WF). The Waterfront District includes all the land in the Town west of the center line of U.S. Route 9 outside the Landing, Hamlet, Neighborhood, Business and the St. Andrews Districts.
(1) 
Purpose. The purpose of the Waterfront District is to provide for water-dependent and water-enhanced land uses, including agriculture, recreation and tourism, and to provide for low-density residential uses, while retaining the district's open space quality. The district is also intended to preserve the open character and manorial quality of lands along the Hudson River corridor and to protect scenic and environmentally sensitive areas.
(2) 
Existing character. The district is dominated by steep bluffs to the west that limit access to the Hudson River and constrain development. The Hudson River shoreline, the railway and several significant ecological areas further impede infrastructure development. The district contains sensitive riverine habitats and tidal wetlands, designated historic sites, international tourist destinations, and designated scenic areas of statewide significance. The district encompasses those lands where settlement initially occurred and that continue to define the character of Hyde Park. The district is marked by residential parcels of varying sizes, large federal, state and educational holdings, punctuated by five Hudson-River-oriented commercial areas and interspersed with modest residential uses.
C. 
Neighborhood District (N). The Neighborhood Districts are located throughout the Town and permit a higher density, scale and intensity of development than the surrounding district.
(1) 
Purpose. The purpose of the Neighborhood Districts is to reinforce the historic pattern of limited mixed-use development in these districts of the Town. Neighborhood Districts are the basic building blocks from which Hamlets may evolve. Neighborhood Districts are intended to provide for a variety of housing opportunities and local services, including pedestrian safety measures to support that housing. Neighborhoods extend up to 1/2 mile from a Neighborhood Core to ensure that central areas are within a walkable distances. The Neighborhood Districts have minimum to moderate constraints on development that can support greater density and are suitable for expansion and infill.
(2) 
Existing character. Each Neighborhood District encompasses one or more existing residential developments having densities that range from more than two dwelling units per acre to one dwelling unit per acre and an occasional existing nonresidential use or high-density residential use. Existing streets provide vehicular ways but no walkways. Some Neighborhood Districts are served by some infrastructure, generally limited to either a community water supply or a community sanitary sewer facility. Stormwater management facilities, including storm sewers, are minimal. One Neighborhood District is served by both a community water supply and sanitary sewer system.
D. 
Hamlet District (H). The Hamlet Districts permit a higher density, scale and intensity of development than the surrounding district.
(1) 
Purpose. The purpose of the Hamlet Districts is to reinforce historic patterns of limited mixed-use development in these areas of the Town, with higher levels of infrastructure and higher density, scale and intensity of use than in the Neighborhood Districts. These Districts are intended to provide for a variety of housing opportunities and local services to support that housing, and the residents of districts adjacent to the Hamlets as well.
(2) 
Existing character. A Hamlet encompasses an existing residential development which has a density of two or more dwelling units per acre and some existing nonresidential uses. Vehicular access to a Hamlet exists in the form of local, county and state roads providing circulation to other areas of the Town. Separate pedestrian circulation is minimal to nonexistent.
E. 
East Park Business Districts (EPBD). The East Park Business Districts are located along Route 9G, and permit a higher density, scale and intensity of development than the surrounding districts.
(1) 
Purpose. The purpose of the East Park Business Districts is to reinforce the historic pattern of limited mixed-use development in this area of the Town, to encourage further mixed-use development appropriate to the area, to create a pedestrian-friendly atmosphere, and to provide the necessary infrastructure for future development. The East Park Business Districts are intended to provide varied housing opportunities for Town residents, supported by local and Town-wide services.
(2) 
Existing character. The East Park Business Districts include those areas that pose minimum environmental constraints to development. The districts encompass existing concentrations of residential and nonresidential uses.
F. 
Town Center Historic District (TCHD). The Town Center Historic District is located along NYS Route 9 and encompasses portions of what is traditionally known as the historic hamlet area of Hyde Park, and permits a higher density, scale and intensity of development than is permitted in the surrounding district.
(1) 
Purpose. The purpose of the Town Center Historic District is to retain the hamlet character while permitting diversified tourism-dependent nonresidential uses that meet tourist needs in areas convenient to major points of interest such as the existing national park/historical sites. To further lead to the economic diversification of the Town Center Historic District, mixed-use development that incorporates residential uses is to be encouraged.
(2) 
Existing character. The Town Center Historic District includes those existing commercial areas that pose minimum physical and environmental constraints to development and that have historically developed as the primary hamlet center of Hyde Park. The district encompasses existing concentrations of nonresidential uses as well as several important national historic sites.
G. 
Neighborhood Business District (NBD). The Neighborhood Business Districts are located throughout the Town, and permit a higher density, scale and intensity of development than is permitted in the surrounding district.
(1) 
Purpose. The Neighborhood Business Districts are intended to serve as accessories to the Town's residential neighborhoods. They are intended to promote and accommodate a mix of commercial, residential and other uses, all within a short distance of existing neighborhoods. In addition to other uses permitted throughout the Greenbelt, Waterfront, Neighborhood and Hamlet Districts, the Neighborhood Business Districts permit business retail and lower-impacting neighborhood-scale nonresidential uses. They also provide for assembly uses such as dining, entertaining, and social functions.
(2) 
Existing character. The Neighborhood Business Districts include those existing smaller-scale nonresidential areas that pose minimum physical and environmental constraints to development and that have already developed in the outlying crossroads areas of Town. The districts encompass several existing concentrations of neighborhood-scale nonresidential uses which have served adjoining residential neighborhoods. The Neighborhood Business Districts are adequately served by a mix of local, county and state roadways. Limited public utility infrastructure exists in some of the Neighborhood Business Districts.
H. 
St. Andrews District (SAD). The St. Andrews District is located in the southern part of the Town along the west side of NYS Route 9 and permits a higher density, scale and intensity of development specifically related to educational uses.
(1) 
Purpose. The intent of the St. Andrews District is to recognize the special circumstances of educational institutions and to accommodate the orderly growth of an educational campus in a manner that both promotes the educational objectives of the institution and preserves the presence of an educational campus as presently existing and as projected in its conceptual Campus Master Plan. The Culinary Institute has an international reputation and draws students and visitors from all over the world. The district regulations shall also facilitate visits to the campus and the Town.
[Amended 4-11-2011 by L.L. No. 3-2011]
(2) 
Existing character. The Culinary Institute of America occupies the lands associated with the St. Andrews District as currently defined. The campus area is used primarily for an educational institution that serves a local, regional, national and international student body. The campus maintains several large buildings used for educational purposes as well as student housing. By the nature of the district's location, it also serves as a primary gateway to southern Hyde Park.
I. 
Landing District (L). The Landing Districts are located on the Hudson River, and permit a higher density, scale and intensity of development than the surrounding district for water-dependent and water-enhanced nonresidential uses.
(1) 
Purpose. The purpose of the Landing Districts is to encourage water-dependent and water-enhanced residential and nonresidential uses that will increase access to the scenic, economic and recreational uses of the Hudson River.
(2) 
Existing character. The Landing Districts front on the Hudson River and generally do not include sensitive riverine habitats or tidal wetlands, are within designated areas of scenic significance and identified viewpoints. All Landing Districts have one or more existing water-dependent, nonresidential uses. The Landing Districts serve as existing water-dependent service cores for the Town and public access to the Hudson River. The Landing Districts generally are isolated on the waterfront, having little or no direct connection to the principal land use forms of the Town. Vehicular access to the Landing Districts exists to a limited degree across the railroad right-of-way but needs to be protected and improved to ensure safe vehicular and pedestrian access to the shoreline of the Hudson River.
J. 
Core Districts: Neighborhood Core and Hamlet Core Districts (NC, HC). The Core Districts are the community centers within the Neighborhoods and Hamlets, where a greater intensity of mixed use is permitted. Ideally, the Core is close to the geographic center of the district.
(1) 
Purpose. The Core is the mixed-use heart of the settlement, designed to accommodate a mix of commercial, light industrial, residential and other uses, all within walking distance. In addition to other uses permitted throughout the Neighborhood and Hamlet Districts, the Core in each case permits business, retail and light industrial uses. It also provides for assembly uses such as dining, entertaining and social functions.
(2) 
Existing character. The Cores are a more densely developed portion of the surrounding district. The purposes of the Core are best served by having a central public space that augments the corridors and provides a focal point. Streets within existing Cores suffer from congestion and lack of pedestrian conveniences. This has caused the service facilities to gravitate to locations along and adjacent to state and county highways. Facilities that provide community services, such as churches, day-care centers, libraries and community centers, exist in some Cores, but not to the extent desired.
K. 
Bellefield Planned Development District (BPDD). The Bellefield Planned Development District lies to the east of U.S. Route 9 reaching from the Farm Lane development at the northerly end to West Dorsey Lane at the southerly end.
(1) 
Purpose. Planned development is needed to ensure that the district is developed in a way that preserves the natural beauty of the land, promotes tourism, supports the existing business district in the Town Center and sensitively expands the Town Center with planned mixed-use development. The provisions of this district are intended to streamline permitting and allow greater use flexibility.
(2) 
Existing character. The district is the largest area of potential development in the southern end of the Town with excellent access from Routes 9 and 9G and St. Andrews Road. North of St. Andrews Road, the land generally lies behind existing development along Route 9. South of St. Andrews Road, the District abuts Route 9 and is virtually unbroken green space. Its planned development must be sensitive to the fact that Teller Hill serves as the southern gateway to the Town Center.

§ 108-3.1.2 Overlay districts.

Overlay districts do not change the use and dimensional requirements of the underlying land use districts unless specifically so stated in this chapter. On any given lot, more than one overlay district may apply. In addition to the above land use districts, the following overlay districts are created:
A. 
Historic Overlay Districts (HO). The purpose of the Historic Overlay Districts is to protect areas of particular historic significance. These areas are the Hudson River National Historic Landmark District, places listed on the National and State Registers of Historic Places, the Estates District Scenic Area of Statewide Significance, the Town of Hyde Park Historic District, and the historic roadside stone walls along U.S. Route 9, Route 9G and in Staatsburg. For informational purposes, the Town Board shall publish and update as needed a current map of the Historic Overlay Districts. This map shall be available for inspection at the offices of the Town Clerk and the Zoning Administrator, and copies of it shall be available at cost from the Town Clerk.
B. 
Scenic Overlay Districts (SO). The purpose of the Scenic Overlay Districts is to protect areas of particular scenic importance. These areas are the Mid-Hudson Historic Shorelands Scenic District and the New York State designated scenic roads and the lots abutting them. For informational purposes, the Town Board shall publish and update, as needed, a current map of the Scenic Overlay Districts. This map shall be available for inspection at the offices of the Town Clerk and the Zoning Administrator, and copies of it shall be available at cost from the Town Clerk.
C. 
Planned Unit Development Overlay District (PUD Overlay). The purpose of the PUD Overlay is to provide for the orderly creation of new communities or expansion of existing communities. See Article 7 of this chapter.

§ 108-3.2 Zoning Map.

With the exception of the overlay districts, the zoning districts are bounded and defined as shown on the map entitled "Zoning Map, Town of Hyde Park, New York," as may be amended, which map accompanies this text and, with any explanatory matter thereon, is hereby made a part of this chapter. The Official Zoning Map is available for inspection in the Office of the Town Clerk. An unofficial photocopy of the Zoning Map in reduced size is appended to this chapter for reference purposes only. Copies of such reproduction may be obtained from the office of the Town Clerk.

§ 108-3.3 Determination of district boundaries.

[Amended 8-24-2009 by L.L. No. 2-2009]
Where uncertainty exists as to the boundaries of districts shown on the Zoning Map, including overlay districts, the following rules shall apply:
A. 
Boundaries indicated as approximately following the center lines of streets or railroad tracks shall be construed to follow such center lines.
B. 
Boundaries indicated as approximately following lot lines shall be construed to follow such lot lines. All boundaries of Hamlets, Neighborhoods, Business Districts, Landings, CIAN, and Cores and the Scenic and Historic Overlay Districts are intended to follow lot lines.
C. 
Boundaries indicated as following the center line of a watercourse shall be construed to follow such center line and, in the event of change in the center line, shall be construed as moving with the actual center line.
D. 
Distances not specifically indicated on the Zoning Map shall be determined by the scale of the map.
E. 
If a lot is divided by a zoning district boundary, one of the following conditions shall apply:
(1) 
The respective district regulations shall apply to each portion of the lot so divided; or
(2) 
The regulations of the more restrictive district may be applied to the entire lot; or
(3) 
The Zoning Board of Appeals may establish requirements within the intent of the chapter which represents a compromise between the requirements of the districts involved and which are approximately proportional to the area of the lot that lies within each district. In no case shall such requirements be less restrictive than the regulations of the least restrictive district.

§ 108-4 ARTICLE 4: GENERAL REGULATIONS

§ 108-4.1 Applicability of regulations.

A. 
Purpose. The purpose of Article 4 is to provide the use classifications, use regulations, bulk regulations, site development standards, historic overlay standards, and scenic overlay standards applicable to all zoning districts. For additional regulations applicable to specific districts, see Article 5.
B. 
Applicability. No land or structure shall be used or occupied for any purpose other than as authorized in this chapter. No structure or portion thereof shall be erected, moved, altered, rebuilt or enlarged other than as authorized in this chapter. No vehicle or vessel serving as a building shall be located, used or occupied for any purpose other than as permitted by the provisions of this chapter applicable to such building.
C. 
Conflicts. In the event of a conflict between the requirements of this chapter and those of any other chapter of the Town Code with respect to the use of land or structures, the requirements of this chapter shall prevail.

§ 108-4.2 Use classifications.

A. 
Classifications. The Town hereby establishes the use classifications set forth in the Schedule of Use Regulations (§ 108-5.14) to identify the various types of use. Unless otherwise defined in Article 2, the use classifications shall have their ordinary meaning.
[Amended 8-24-2009 by L.L. No. 2-2009]
B. 
Mixed use. Any lot or building may have more than one use, provided that the density and scale, where applicable, of all uses thereon comply with the standards established for the district in which such lot is located and with the uses which are permitted.

§ 108-4.3 Use regulations.

Unless otherwise specified, the following uses are subject to appeal to the Zoning Board of Appeals for area or use variances as appropriate.
A. 
Permitted uses. The use of any building, structure, or land shall comply with the density and scale, where applicable, limits as set forth in the Schedule of Bulk Regulations (§ 108-5.15). Permitted uses for each district are set forth in Article 5.
[Amended 8-24-2009 by L.L. No. 2-2009]
(1) 
Scale. Scale limits the gross square feet of a proposed use or structure or the proposed expansion of an existing use or structure. Scale limits do not apply to one- and two-family residential use, animal husbandry, or agriculture use. When determining scale, the following rules shall govern:
(a) 
The square footage of all parking stalls required for the proposed use or structure shall be included, but the remaining area of the parking lot shall not be included.
(b) 
Land occupied and maintained for the primary purpose of raising crops or plants (including greenhouses), grazing animals, horticulture, forestry, open space, landscape planting or similar managed care of the natural environment shall not be included in the calculation of the gross square foot limits in the Schedule of Bulk Regulations (§ 108-5.15).
(c) 
Any requirements of this chapter expressed, as a percentage of the lot, shall utilize the total area of such lot in establishing said percentage.
(d) 
Scale of signs shall include only that area of the ground occupied by the structure of such sign. Sign area shall be regulated under Article 24 of this chapter.
(2) 
Density. Density limits the number of dwelling units that may be developed per acre on any lot. The minimum floor area for any dwelling unit is established under § 108-4.4B(2) of this chapter.
(3) 
Adaptive reuse increase. The adaptive reuse of an existing building that will preserve and enhance the architectural or historic integrity of the building and the district in which it is located shall be entitled to an increase of 50% in density and scale, where applicable. The Planning Board shall make such determination based on reference to the architectural, scenic and historic character of the district as set forth in the Comprehensive Plan and on objective evaluation of the project and the current architectural, scenic and historic resources in the district. Such determination is not considered a use variance or area variance and is not subject to appeal to the Zoning Board of Appeals.
B. 
Accessory uses. The following provisions shall apply in all districts:
[Amended 8-24-2009 by L.L. No. 2-2009]
(1) 
Accessory apartments are regulated under § 108-8.4.
(2) 
Storage accessory to any other use shall be fully enclosed within a building or structure, with the following exceptions:
(a) 
The maximum number of dedicated off-street parking spaces that may be developed unenclosed without site plan approval shall be four parking spaces per residential lot.
(b) 
Storage accessory to a nonresidential use may be uncovered, provided that the storage of any materials, supplies or products shall be screened from any walkway or street and from any property used in whole or in part for residential purposes. Further, it shall be enclosed within a fence, maintained free from debris and vermin, and located behind a building on the rear portion of the lot.
(c) 
Storage accessory to a light industrial use may be uncovered, provided that the storage of any materials, supplies or products shall be screened from any walkway or street and from any property used in whole or in part for residential purposes, enclosed within a fence, maintained free from debris and vermin, and not located in any required yard.
(d) 
Storage of solid waste accessory to a permitted use for removal by a contracted service shall be in an area maintained free from debris and vermin and screened from view from any walkway or street.
(e) 
Storage accessory to any one- or two-family dwelling of materials, equipment and devices used in the maintenance or operation of such dwelling and the property related thereto shall be exempt from the requirements of this section, provided that such storage shall be screened from view from a walkway or street. This exemption shall not be construed to authorize any activity that constitutes a dump as regulated under Chapter 48 or 66 of this Code.
(f) 
Storage of the following shall be in side and rear yards only and shall comply with setbacks:
[1] 
Storage of one each of the following trailers shall be permitted on any parcel whose permitted use is residential: a camping trailer; a utility trailer; a boat trailer.
[2] 
Storage of no more than one unregistered vehicle for which a registration with DMV is required to operate shall be permitted. Such vehicle shall require an unregistered vehicle permit pursuant to Article 30.
[3] 
Storage of no more than one vehicle for sale shall be permitted. Such vehicle shall require a vehicle for sale permit pursuant to § 108-30.6B(4).
[4] 
Storage of one vessel shall be permitted.
(3) 
One shed, as defined in § 108-2.2, may be placed on any lot, provided the location of the shed meets the setback requirements as specified in § 108-5.15.
(4) 
Enclosures for swimming pools accessory to one- and two-family dwellings and multiple dwellings are regulated under the State Building Code.
(5) 
Animal husbandry is permitted with site plan approval in all districts with the following limitations and restrictions. Any agricultural activities conducted on properties in Agricultural Districts may be exempt from these restrictions if so provided by Agriculture and Markets Law Article 25-AA, as amended. The following dimensional limitations are subject to appeal to the Zoning Board of Appeals for an area variance:
(a) 
Animals must not be housed, fed, grazed, or otherwise allowed to occupy lands within 50 feet of wells, watercourses or wetlands.
(b) 
For all animals other than non-neutered male goats older than 12 months, roosters and all pigs, animal husbandry shall not be conducted within 250 feet of a residence on another lot. For non-neutered male goats older than 12 months, roosters and all pigs, animal husbandry shall not be conducted within 350 feet of a residence on another lot.
(c) 
The number of animals that may be kept on a property is based on animal units at the rate of one animal unit (1,000 pounds of animal) per 1.5 acres of available land. "Available land" is defined as all land on a lot, excluding the residence, lawn, driveway, garage, other buildings or structures not used for animal husbandry, septic system leach fields or equivalent waste disposal facilities, and all areas within 50 feet of wells, watercourses and wetlands. Animal unit equivalents are published by the Cornell Cooperative Extension. Copies of the most recent publication are available from the Zoning Administrator.
(d) 
No unenclosed storage of manure or other odor- or dust-producing substances shall be permitted within 250 feet of a residence on another lot, 200 feet from a well or 300 feet from watercourses or wetlands.
(e) 
No enclosed storage of manure or other odor- or dust-producing substances shall be permitted within 200 feet of a residence on another lot, 200 feet from a well or 50 feet from watercourses or wetlands. Enclosed storage shall include an impermeable floor, sides, and cover that will not allow uncontrolled release of liquid or solid wastes or odors.
(f) 
Applicants with children less than 19 years of age that are conducting animal husbandry projects under the guidelines of 4-H or a similar organization, shall not be required to pay for an area variance application.
C. 
Vehicle, trailer or vessel serving as building. Any stationary vehicle or dockside vessel that is used or occupied for the purpose of providing shelter to persons, animals or property shall be subject to the regulations contained in this chapter applicable to its particular use.
(1) 
Residential use. Camping trailers and recreational vehicles shall be occupied for residence purposes in trailer camps only. Dockside vessels shall be occupied for residence purposes in a marina only. It shall be unlawful for any person to occupy a camping trailer or recreational vehicle on any lot, other than in a trailer camp, for more than 30 days in any twelve-month period.
(2) 
Commercial use. Any construction trailer shall be identified in the applicable building permit issued by the Building Inspector and shall be removed from the premises prior to the issuance of a certificate of occupancy. Such trailer may have electric and heating capable of temporary connection to site utilities. Each construction trailer shall be subject to the fee set forth in the current fee schedule adopted by the Town Board, which shall be due and payable at the time that an application for a certificate of occupancy is made.
(3) 
Temporary storage.
(a) 
Commercial trailers may be placed on any lot for the purpose of storage accessory to any permitted commercial or nonresidential use, provided that the applicant first obtains site plan approval from the Planning Board and a permit from the Zoning Administrator.
[Amended 8-24-2009 by L.L. No. 2-2009]
(b) 
Dockside vessels may be used for the purpose of storage accessory to any permitted commercial or nonresidential use, provided that a permit is obtained from the Zoning Administrator.
(c) 
The permit referred to in Subsection C(3)(a) and (b) above shall be valid for the length of time specified thereon, not to exceed nine months. Such permit shall not be renewable. The fee for such permit shall be as set forth in the current fee schedule adopted by the Town Board.
D. 
Prohibited uses. The following uses are deemed to be unsuitable by reason of a demonstrated tendency to degrade the health, safety, and general welfare of the community, to adversely impact the value of buildings and to discourage the more appropriate use of land:
(1) 
No use which is noxious or offensive by reason of the emission of odors, dust, smoke, gas or noise, or in which flammable or explosive materials are involved (except as may be incidental to a permitted use) shall be permitted on any lot in any district.
(2) 
Dwelling unit location. The following vehicles, structures and spaces shall not be occupied for residence purposes on any lot in any district:
(a) 
Tents. It shall be unlawful for any person or persons to occupy a tent as a dwelling unit or for any cooking or sanitary purpose.
(b) 
Trailers. It shall be unlawful for any person or persons to occupy a trailer as a dwelling unit or for any cooking or sanitary purpose except as permitted in § 108-4.3C(1) of this section.
(3) 
The following may not be stored on any lot in any district:
[Amended 8-24-2009 by L.L. No. 2-2009]
(a) 
Motor vehicles. It shall be unlawful for any person to store any derelict automobile unenclosed, other than in a scrap yard.
(b) 
Commercial motor vehicles. It shall be unlawful for any person to store unenclosed any commercial motor vehicle on a residential lot, except that one commercial vehicle may be stored unenclosed on a residential lot if it is registered in the name of the owner of the lot. This prohibition does not apply to a commercial motor vehicle providing service to the residence or to a lot that has site plan approval for storage of commercial motor vehicles.
(c) 
Petroleum. It shall be unlawful for any person to install or replace an underground storage tank for storage of petroleum products that are liquid at normal atmospheric conditions if such tank is not subject to regulation by the NYSDEC.
E. 
Amateur radio facilities. Nothing herein shall be construed to apply to, prohibit, regulate or otherwise affect the erection, maintenance or utilization of an antenna structure by any person licensed by the Federal Communications Commission to operate an amateur radio station.
F. 
Roadside stands. A roadside stand may be placed on any parcel in any district in which it is a permitted use, provided that a permit is first obtained from the Zoning Administrator as provided in Article 30 of this chapter, and provided further that the roadside stand will not have an adverse impact on vehicular or pedestrian safety, traffic, neighboring property values, or the health, safety, welfare or orderly development of the Town. The permit shall be valid for the length of time specified thereon, not to exceed nine months in any one year.
G. 
Environmental standards. Any physical improvement required for the development of a particular use shall comply with the requirements and standards for each of the following components of the environment, as applicable:
(1) 
Wetlands are regulated under Chapter 63 of the Code of the Town and 6 NYCRR Part 665. In addition:
(a) 
No use shall be permitted in state-designated wetlands or any land within 100 feet of the boundaries thereof, unless such use is permitted by the DEC.
(b) 
Any use granted a permit by the DEC under the provisions of 6 NYCRR Part 665 shall be permitted subject to the terms and conditions of such permit.
(2) 
Streams. Any use or construction near a stream shall be subject to the following restrictions:
[Amended 8-24-2009 by L.L. No. 2-2009]
(a) 
No use or construction of any physical improvement shall be permitted within the stream corridor, unless such use or construction:
[1] 
Is specifically permitted otherwise in this chapter (such as in a landing under § 108-5.8); or
[2] 
Has received a permit from NYSDEC pursuant to Article 15 of the Environmental Conservation Law and has received a permit from the Planning Board pursuant to Chapter 107, Water Resources Protection, of this Code; or
[3] 
Is allowed by virtue of being exempt from the permit requirements of Article 15 of the Environmental Conservation Law and Chapter 107, Water Resources Protection, of this Code.
(b) 
Where no NYSDEC or Planning Board permit is required, the Planning Board shall nonetheless require in site plan or special permit approval, where applicable, that no increase in the sediment load of any such stream shall result from the construction of a physical improvement or the subject use.
(c) 
To the extent consistent with the uses and construction permitted or allowed by the foregoing Subsection G(2)(a) and (b), stream corridors shall remain in a natural, undisturbed state and shall be utilized to provide linear open space corridors that interconnect the various community forms with the Waterfront and Greenbelt Districts.
(3) 
Flood hazard. Any use in an area of special flood hazard shall comply with the requirements of Chapter 60, Flood Damage Prevention, of this Code.
(4) 
Significant natural areas. The segmentation of any significant natural wildlife habitat shall be avoided. No use involving the construction of any physical improvement shall be permitted within 100 feet of the boundaries of the following areas as identified on the Town Zoning Map:[1]
(a) 
Roosevelt Cove and Wetlands.
(b) 
Vandenburgh Cove.
[1]:
Editor's Note: A copy of the Zoning Map is included at the end of this chapter.
(5) 
Agricultural District 20. Any application for a special use permit, site plan approval, use variance, subdivision, or PUD that would occur on property within Agriculture District 20 containing a farm operation, or on property with boundaries within 500 feet of a farm operation located in such district, shall include an agriculture data statement. Such agriculture data statement shall add the following information to that required by Article 30 for the particular application or appeal:
(a) 
The name and address of any owner of land within such district, which land contains farm operations and is located within 500 feet of the boundary of the lot upon which any project is proposed;
(b) 
A Tax Map or other map showing the site of the proposed project relative to the location of farm operations identified in such statement.
(6) 
Liquids and solid waste.
(a) 
The discharge of any liquid waste shall be permitted only in accordance with all applicable standards, laws and regulations of the Dutchess County Department of Health, DEC or any other regulatory agency having jurisdiction.
(b) 
Facilities for the disposal of solid waste shall be in strict accordance with the requirements of Chapters 48, 66 and 67 of this Code.

§ 108-4.4 Bulk regulations.

All buildings, structures and uses shall be subject to the following restrictions which supplement the Schedule of Bulk Regulations at § 108-5.15. All dimensional limitations are subject to appeal to the Zoning Board of Appeals for an area variance.
A. 
Height. Any request for an increase in height for the Bellefield PDD shall be subject to review and approval by the Town Board.
(1) 
Walls and fences are deemed to be structures. In the area between the property lines and the setbacks, no walls or fences shall be greater than six feet in height. See the Schedule of Bulk Regulations (§ 108-5.15) yards (setbacks) requirements.
(2) 
Any structure visible from any point along the boundary of a designated place on the State or National Register of Historic Places and within 100 feet thereof shall be restricted to the following:
(a) 
No building shall have a building height greater than 35 feet.
(b) 
No building shall have a volume greater than 60,000 cubic feet.
(c) 
No other structure shall have a height greater than 22 feet.
(3) 
The height restrictions of this chapter shall not apply to:
(a) 
Any spire, belfry, cupola, silo, dome or similar building component not used for human occupancy.
(b) 
Any parapet or cornice used for ornamentation that does not extend above the roof elevation by more than five feet, when measured from its intersection with such roof.
(c) 
Any chimney, ventilator, skylight, elevator penthouse, heating and air-conditioning equipment, antenna or similar structure customarily mounted on, or through, a building roof, except as may be specifically modified by other provisions of this chapter. Such structures shall be erected only to such height as is necessary to accomplish the purpose they are intended to serve.
(d) 
Any telecommunications tower sited and permitted in accordance with Chapter 101 of the Code of the Town of Hyde Park.
B. 
Size. The size of any structure shall be deemed to be the dimensional qualities other than height.
(1) 
Dimension. The minimum width or length of any structure used as a dwelling unit shall be 16 feet.
(2) 
Floor area. The minimum floor area, exclusive of dividing partitions, enclosing walls and structural elements shall be 400 square feet for a dwelling unit.
C. 
Coverage. The maximum area of any lot that may be occupied, surfaced or otherwise covered by impervious materials, including buildings and structures, shall not exceed the coverage percentage in the Schedule of Bulk Regulations at § 108-5.15. For the purpose of computing the coverage percentage, the area covered shall be divided by the total area of the subject lot.
D. 
Yards. Yard dimensions have been established to ensure an area free from structures and streets that can be developed and landscaped for visual enjoyment.
(1) 
All yards shall comply with the applicable dimensional requirements in the Schedule of Bulk Regulations at § 108-5.15.
(2) 
No structure, except permitted courtyard walls, sheds subject to § 108-4.3B(3) and fences shall be located in any required yard as specified in the Schedule of Bulk Regulations at § 108-5.15. A driveway may be located in a yard.
(3) 
Any lot having frontage on two or more streets shall provide a front yard on each such street. The area within any sight triangle area reserved under the provisions of § 108-4.5C(1)(d) may be included for the purposes of satisfying such yard requirement.
E. 
Frontage required. No building permit shall be issued for any structure or use unless the lot on which that structure or use is located has frontage of at least 25 feet on a street.

§ 108-4.5 Site development standards.

All development that requires site plan approval shall also be subject to the following site development standards. Site development standards are mandatory rules, subject to modification by the Planning Board and, in the case of a PUD, by the Town Board. In determining whether to modify a standard for a proposed project, the reviewing board may take into consideration the following: (1) the practical difficulties of applying the standard to the particular project; (2) the potential adverse impact on surrounding properties and the neighborhood of applying or not applying the standard to the proposed project; and (3) the feasibility of alternate means or measures to attain the same goal as the standard. When an applicant objects to the application of a standard to his or her project and the reviewing board requires compliance, in its resolution of approval or disapproval the reviewing board shall state its findings and the reasons for its decision with reference to the considerations set forth above.
A. 
Parking standards.
(1) 
Except as provided herein, no off-street parking or loading area shall be constructed or provided until a site plan describing such parking and loading improvements has been approved.
(2) 
No certificate of occupancy shall be issued for any use until the required off-street parking has been established in conformance with this chapter.
(3) 
On-street parking, where encouraged in Article 5, may be considered as satisfying any required off-street parking only where it can be demonstrated that the on-street parking is underutilized. On-street parking shall require the approval of the state, county or Town agency having jurisdiction over the subject street. See also § 96-6C(2)(d) and (e).
(4) 
Off-street parking and scale. The total square footage of parking stalls required for a building shall be included in the calculation of scale, but the remaining area of the parking lot shall be excluded.
[Amended 8-24-2009 by L.L. No. 2-2009]
B. 
Required off-street parking.
(1) 
The Planning Board shall determine reasonable and appropriate off-street parking requirements, taking into consideration all factors entering into the parking needs of each case as part of its site plan and review.
Common Number of Spaces for Off-Street Parking
Use
Number of Spaces
Bowling alley
4 spaces per bowling lane
Public amusement without seating
1 space per 50 square feet floor space
Church
1 space per 5 pew seats
Theater, auditorium, athletic field
1 space per 5 seats
Place of public assembly
1 space per 5 seats or 50 square feet
Funeral parlor
1 space per 4 seats; 1 space per employee
Gas station
At least 4 spaces
Hospital, convalescent home
1 space per 3 beds; 2 spaces per 3 employees
Medical clinic
3 spaces per doctor; 1 space per employee
Motel
1 space per unit; 2 spaces per 3 employees
Motor vehicle repairs
At least 10 spaces; 2 spaces per 3 employees
Multifamily dwelling
2 spaces per dwelling unit
Business or professional offices
1 space per 200 square feet net rentable area
One- and two-family residences
2 spaces per dwelling unit
Restaurant or food-dispensing facility
1 space per 50 square feet for patron use; 2 spaces per 3 employees
Retail or service business
1 space per 300 square feet floor area; 2 spaces per 3 employees
Bed-and-breakfast
1 space per guest room; 1 space per dwelling unit
Wholesale, storage, utility
1 space per 1,000 gross square feet floor area; 2 spaces per 3 employees
(2) 
Off-street parking may be fully enclosed, partially enclosed or unenclosed.
(a) 
All off-street parking shall be located to the rear of the front building line of the building it serves.
(b) 
No improvement that is a part of any off-street parking facility shall be located closer than five feet to any lot line, exclusive of any driveway providing access for such facility.
(c) 
No off-street parking shall be located within any required open space.
(d) 
Parking shall not dominate any site when viewed from the street providing frontage for such site. Large uninterrupted areas of parking stalls that significantly reduce the continuity or quality of natural open space shall not be permitted. Off-street parking shall be developed as a network of small (less than 12,000 square feet), well-distributed and clustered areas surrounded by landscaping, interconnected by driveways and walkways.
(e) 
The total impervious surface provided for all parking stalls and aisles shall not exceed the product of 350 square feet times the number of stalls provided.
(f) 
No parking space or stall shall be less than nine feet in width.
(g) 
All parking stalls shall be provided with a backup and maneuvering aisle.
[1] 
When ninety-degree-angle parking is used, the stall length and aisle width, when combined, shall provide a clear uninterrupted dimension of at least:
[a] 
Sixty feet when stalls are located along both sides of the aisle.
[b] 
Thirty-five feet when stalls are located along one side only of the aisle.
[2] 
Parking designs with angle parking less than 90° may have shorter total dimensions of stall and aisle as the Planning Board finds appropriate.
(h) 
All off-street parking shall be graded and maintained to avoid nuisances of dust, erosion or excessive stormwater flow onto or across walkways, streets or adjacent lands.
(i) 
All off-street parking for more than five vehicles shall be marked in accordance with generally accepted standards or applicable regulations to identify individual parking stalls, maneuvering aisles, pedestrian crossings, handicap spaces, entrances, exits, vehicle movement and fire lanes.
(j) 
Any off-street parking for 17 or more vehicles shall provide curbed planting islands or beds within the parking area equal in total area to 15% of the total square footage of all stalls and aisles.
C. 
Access standards.
(1) 
Vehicle access and circulation.
(a) 
Curb cuts shall be consolidated in order to provide clearly defined entrances and reduce conflicting vehicular movement.
(b) 
All uses shall utilize the existing streets except as provided in Subsection C(1)(b)[1] and [2] below.
[1] 
Any new street shall be located consistent with the official map, if such exists, unless otherwise sufficiently justified and shall be constructed in full compliance with the requirements of Road Specifications, Chapter A111, of this Code.
[2] 
Any alley or lane shall be located consistent with the guidelines for the district in which it is proposed and shall be constructed in compliance with the requirements for driveways in Road Specifications, Chapter A111, of this Code.
(c) 
Driveways, when provided, shall comply with the following:
[1] 
The minimum distance between the center-line intersection of any two streets and the intersection of a driveway center line and one of said street center lines shall be no less than 60 feet.
[2] 
All driveway entrances to streets shall be constructed in compliance with the applicable regulations of the state, county or local agency having jurisdiction over such street.
[3] 
In any Core or Business District, wherever a driveway or alley crosses a walkway, special paving accents or textures shall be provided to delineate the walkway.
(d) 
Sight triangle. To assure motorists have a clear line of sight at intersections, the Planning Board shall refer to guidance in Guidelines for Driveway Design and Location, by the Institute of Transportation Engineers, and Policies and Standards for Entrances to State Highways, published by the New York State Department of Transportation. In general, except for existing trees having all branches within six feet of the ground removed, no structure or planting more than three feet in height, as measured from the street surface at the nearest edge of the street, shall be erected, placed or maintained within the triangular area formed by:
[1] 
For streets, the intersecting center lines of the streets and a line through two points, each of which is 50 feet distant from such intersection along said center line.
[2] 
For alleys or driveways, the intersecting center lines of the alley or driveway and the street and a line through two points, each of which is 30 feet distant from such intersection along said center line.
(e) 
All streets shall be separated physically from walkways by a curb, vegetated strip or other physical separation. Streets and off-street parking facilities may not be used to satisfy any requirement for pedestrian circulation.
(f) 
Fire lanes providing access for emergency vehicles shall be established, identified and maintained free from obstruction in full compliance with the requirements of Chapter 104 of this Code.
(g) 
In order to minimize the number of entrances and exits on Routes 9 and 9G, within any Neighborhood, Hamlet, Business District or Core, owners of lots having frontage on U.S. Route 9 or Route 9G shall cooperatively develop inter-lot connections between parking lots, driveways and alleys as part of any new development.
(2) 
Bicycle paths. When indicated on the official map, if such exists, or when existing bicycle paths have been developed to or along a lot for which a new use is proposed, such proposal shall include a bicycle path across said lot which shall be separated from the walkways and streets and shall have a minimum of crossings therewith.
(3) 
Pedestrian access and circulation.
(a) 
Pedestrian access shall be provided and maintained to all uses on the lot from the street.
(b) 
A walkway shall be provided to and between each use on a lot.
(c) 
Walkways may consist of any combination of walks, paths, terraces, patios and similar elements interconnected so as to provide access to all buildings and off-street parking.
(d) 
In all Hamlet, Hamlet Core, Landing, Neighborhood Core, East Park Business, Town Center Historic and Neighborhood Business Districts, the development of any lot shall provide a walkway utilizing sidewalks or an equivalent acceptable to the Planning Board along the full frontage of said lot to connect adjacent lots and to enhance and provide definition to the street providing frontage for the lot.
[1] 
All sidewalks shall be constructed of concrete, brick, stone, tile, rubber or similar material or combination of materials that exhibit a modular size and pattern and general tendency not be become slippery when wet. Blacktop or asphalt concrete shall be discouraged for sidewalks, unless it is used as a landscape design element.
[2] 
All sidewalks shall be designed to be consistent with the Americans with Disabilities Act Accessibility Guidelines, as well as standards of the highway agency if sidewalks are to be located within the right-of-way.
(e) 
The Planning Board, in its report on any PUD, shall recommend the walkways, if any, to be included in such proposed development based on the following considerations:
[1] 
Adjacent uses such as school facilities, other civic buildings, open spaces or the Hyde Park Trail, and the need for pedestrian interconnection;
[2] 
The relative proximity of the proposed use to existing uses;
[3] 
The density of any surrounding development.
D. 
Screening standards.
(1) 
Required locations.
(a) 
Screening shall be provided to minimize the view of any off-street parking or storage of motor vehicles not located to the rear of the front building line.
(b) 
Screening shall be provided to minimize the view of accessory storage described in § 108-4.3(B)(3).
(c) 
Screening shall be provided around any potentially dangerous or hazardous use. Such screening shall also minimize entry by any unauthorized persons.
(d) 
Screening shall be provided to minimize the view of any off-street loading dock from any point along a property line common to any residential use or from any street.
(e) 
Screening shall be provided to minimize the view of any nonresidential use from any point along a property line common to any residential use, unless the nonresidential uses reasonably blend in with the adjoining residential uses.
(2) 
Materials. Screening shall be accomplished using the following materials:
(a) 
Existing natural plant growth.
(b) 
An existing combination of topography and natural plant growth.
(c) 
New landscaping materials.
(d) 
A stone or brick wall no more than six feet in height as measured from the adjoining finish grade.
(e) 
A fence which blends into the site and its surroundings. See § 108-4.4A(1).
[1] 
Chain-link fencing may be used where necessary for security purposes, but shall be provided with interwoven or applied material which obscures vision and shall be finished in an earth tone or black color.
[2] 
Except for agricultural uses, no barbed wire, razor wire, electrically charged wire or similar material that will cause harm to any person or animal shall be installed for the purposes of security, unless the applicant makes a clear demonstration of need.
(f) 
A vegetated berm.
(3) 
Specifications. The Planning Board, in its review of each application, applying the above standards and the Greenway Connections, shall determine the degree of opacity and the height of the screening. In each case, the final design shall provide screening of sufficient height and opacity to minimize the view.
E. 
Landscaping standards. Landscaping shall define and shape exterior spaces and shall also be used to assist in the direction of pedestrian or vehicular movement, and contribute to the overall aesthetic quality of the site and its environs. A landscape plan shall be prepared by a landscape design professional, architect, engineer or nurseryman. Landscaping shall be required for, among other areas, corridor walkways, parking islands and beds, and screening.
(1) 
Specifications.
(a) 
Off-street parking.
[1] 
Any planting bed shall contain at least one tree and such other plant materials as are recommended by a landscape design professional, architect, engineer or nurseryman for such location.
[2] 
Any planting island shall contain sufficient trees, shrubs and other plant materials as are recommended by a landscape design professional, architect, engineer or nurseryman for purposes of establishing vertical interruption and definition to vehicular movement.
[3] 
Any required street separation shall include trees, shrubs, ground cover and grass as appropriate to minimize impervious materials and to provide definition for any walkway contained therein.
(b) 
Transportation corridors. All new trees shall be spaced according to the height and spread at maturity for each species. This information may be obtained from the Preferred Species List prepared by the Hyde Park Shade Tree Commission, a copy of which is available for inspection and review at the office of the Zoning Administrator.
[1] 
Trees shall be located outside the right-of-way of the street providing frontage for the subject lot, unless permission is obtained from the agency with jurisdiction over the street to locate trees in the right-of-way.
[2] 
Within any Core or Business District, and as required by the Planning Board, vegetative buffers and/or trees shall be provided within the walkway that is part of the street providing frontage for any lot developed under the provisions of this chapter.
[3] 
The development of any use that increases the area occupied by buildings and impervious surfaces by more than 1,500 square feet shall provide trees along the entire frontage of the applicable lot as specified above. Existing, healthy trees meeting these guidelines for placement may be included.
[4] 
In no event shall trees be planted in the Town, county or state road right-of-way without permission of the state or local authority with jurisdiction over the right-of-way.
(c) 
Site furnishings such as benches, tables and chairs, fountains, sculpture, trash receptacles, planters, etc. shall be provided in defined public spaces.
(2) 
Plant materials. All plants shall be natural and shall be maintained in a vigorous growing condition as a requirement of site plan or special use permit approval. Any plant not so maintained shall be replaced with a new plant no later than the beginning of the next growing season. Care shall be taken in the selection and planting of trees so that their roots do not disturb the sidewalk.
(3) 
Protection. All shrubs and trees shall be protected from potential damage inflicted by vehicles using off-street parking, driveways or other streets by means of a raised curb placed at the edge of the pavement or some other means deemed equally appropriate for this purpose by a landscape design professional, architect, engineer or nurseryman.
(a) 
The base of any new tree or shrub shall be maintained free from impervious materials that would impede the growth or otherwise impair the health of such plant.
(b) 
No new tree shall be located closer than 10 feet to any fire hydrant nor closer than three feet to any curb, as measured from the trunk center line of such tree.
F. 
Open space standards.
(1) 
Open spaces disturbed by construction shall be restored with appropriate landscaping after construction is completed in accordance with a schedule previously agreed to by the Planning Board. In addition to the definition of open space in § 108-2, the following specific standards shall apply:
(a) 
Any open space required for the purposes of providing a fire lane shall be maintained free from combustible material.
(b) 
Any open space required for the purposes of providing a buffer shall be landscaped and maintained.
(2) 
Open space, where required, shall be contiguous and connect to open space on adjacent lots.
G. 
Architectural features standards. Any documentation describing the architectural features, location and dimensions of buildings shall be prepared by an architect or engineer, including documentation describing new buildings, additions or alterations to existing buildings, and all physical improvements accessory to or necessary for such buildings.
(1) 
Architectural features are regulated by the Schedule of Bulk Regulations at § 108-5.15 and the State Building Code. In addition, the following standards shall apply:
(a) 
Form. Within any Core, Business District or Historic Overlay District, no alteration shall significantly alter, remove or destroy the proportion or detail of any original facade. The proportion and detail of any existing facade shall be maintained when it represents a reasonably accurate example of traditional architecture. The practice of removing or "boxing" period ornamentation with contemporary siding materials shall be discouraged; constructing porches, stoops and verandahs consistent with the existing facade shall be considered appropriate alterations.
(b) 
Materials. Additions to existing buildings shall use materials and details complementary with those incorporated in the parent structure. Asphalt siding, metal panel siding and exposed concrete shall be avoided on building facades in Cores, the Bellefield Planned Development District and Landings.
(c) 
Fenestration. New buildings shall articulate each opening in a manner consistent with its location, importance, and purpose. Fenestration shall be of a shape and proportion that is consistent with these guidelines and that of buildings fronting on the same corridor and serving similar purposes.
[1] 
The primary entrances to any building shall be oriented to the lot frontage. Secondary entrances shall be oriented to parking, plazas or parks.
[2] 
New buildings, or additions to existing buildings, shall reflect any discernible pattern of window and door openings that is established among adjacent structures or is present in the existing building.
[3] 
Constructing any blank, windowless facade facing a corridor that provides frontage for the lot on which the building is located shall be avoided.
[4] 
Using ribbon or continuous strip glazing in any building facade shall be avoided.
(d) 
Roof shape. New buildings shall have a roof shape consistent in proportion, form and character to those encouraged in the Greenway Connections (See Guide B3).
[1] 
Flat roofs are inconsistent with the traditional character of the Town and are not permitted, except where the size or type of the building requires a flat roof, and facade variations and other architectural features can disguise the flatness of the roof.
[2] 
Low-slope roofs utilizing parapets, cornices and false fronts are encouraged within any Landing, Hamlet Core or Business District.
(e) 
Large building design, where the building has a facade longer than 100 feet, shall present the appearance of a grouping of two or more small, well-proportioned buildings incorporating ells, wings, verandahs, porticos, courtyards and similar elements as unifying features.
(2) 
Building location is restricted by the Schedule of Bulk Regulations at § 108-5.15 and the State Building Code. In addition, building heights and architectural and landscaping features shall establish or retain the spatial definition of all corridors.
(3) 
Building dimension is restricted by the Schedule of Bulk Regulations at § 108-5.15 and the State Building Code. In addition, the following guidelines shall apply:
(a) 
Any large building facade and the sides visible from the transportation corridor shall incorporate changes in plane and architectural features that give the appearance of several common-wall buildings.
(b) 
The height of any new building shall be within one full story of the existing buildings on adjacent lots.
(c) 
Transition line. The facade of any building located in a Core or Business District shall incorporate a transition line at an elevation that is no more than 15 feet above the walkway along the frontage of the subject lot.
H. 
Protection standards. For the purposes of protecting adjacent land uses and the environment, certain physical features or improvements shall be required.
(1) 
Lighting. No artificial illumination device shall be erected, constructed or otherwise installed except in accordance with the following:
(a) 
No such device shall spill light beyond the boundaries of the lot upon which it is located to the extent that it would disturb a reasonably sensitive individual on the adjacent lot, and provided that there is no spillage into any street, thereby becoming a potential traffic hazard.
(b) 
All such devices shall direct light downward. Upward illumination is permitted for flags, provided there is no spillage to adjacent residential properties to the extent that it would disturb a reasonably sensitive individual on the adjacent lot, and provided there is no spillage into any street, thereby becoming a potential traffic hazard.
(c) 
The maximum height of any freestanding illuminating device shall be 16 feet as measured from the finish grade at the base of the supporting structure to the point of the light source on the device.
(d) 
Any illuminating device located within, along or immediately adjacent to any walkway shall be restricted to a maximum height of 12 feet as measured from the finish grade directly below such device to the point of the light source on such device.
(e) 
No illuminating device shall consist of any flashing, blinking or moving light source.
(f) 
Any device used to illuminate and display any building, structure, landscape, sign or the like, that incorporates a lamp greater than 25 watts, shall have such lamp or bulb screened from direct view by the general public.
(g) 
The Lighting Guidelines of the Greenway Connections shall be followed in designing and approving lighting for new buildings, structures and uses.
(2) 
Historic site. Any use within 50 feet of any place located on the State or National Register of Historic Places shall minimize any adverse impacts on the historic character of such place.
(3) 
Nonresidential uses. To minimize any adverse impact of such a use on the adjacent property:
(a) 
Any new or expanded nonresidential use in a Business District or Core, which is located on a lot having a property line in common with the boundary of the Greenbelt, Waterfront, Hamlet or Neighborhood District, shall provide adequate screening and open space buffers.
(b) 
Any new or expanded nonresidential use located within the boundary of the Greenbelt, Waterfront, Hamlet or Neighborhood District shall provide adequate screening and open space buffers.
I. 
Infrastructure standards. For the purposes of ensuring adequate provision of electric, water, sewer and stormwater infrastructure for existing and future developments, the following regulations are established:
(1) 
Water. Central or municipal water systems meeting the applicable standards of the Dutchess County Department of Health, the New York State Department of Health, and the New York State Department of Environmental Conservation shall be provided for any subdivision of 50 or more lots.
(2) 
Sanitary sewers. Central or municipal sewer systems meeting the applicable standards of the Dutchess County Department of Health, the New York State Department of Health, and the New York State Department of Environmental Conservation shall be provided for any subdivision of 50 or more lots.
(3) 
Storm sewers. Stormwater sewers, when provided, shall be separate from sanitary sewer systems. Stormwater sewer systems shall be provided, in accordance with Chapter 93, for any development that meets the jurisdictional threshold for the DEC Phase II Stormwater Regulations, or where a stormwater collection system exists within the street providing frontage for the subject lot, or where indicated on the official map, if such exists. When catch basins are installed for new projects, the drain grate must have molded into the metal of the grate the words, "NO DUMPING — DRAINS TO WATERWAY."
[Amended 8-24-2009 by L.L. No. 2-2009]
(4) 
Extensions of water and sanitary sewer systems. Water and sanitary sewer systems shall be extensions of existing systems whenever possible, where the capacity is available and where such connection is permitted and approved by the district to which the connection is to be made.
(5) 
New water and sanitary sewer systems. Where new water and sanitary sewer systems are required in Neighborhood and Hamlet (including their Cores), Business, and Landing Districts, they shall be designed and constructed to accommodate expansion. The owner of any such new water or sanitary sewer system shall connect such system to a municipal service when such service becomes available within 500 feet of any lot served by such system as measured along a street providing frontage for such lot, where the capacity is available and such connection is permitted and approved by the district to which the connection is to be made.
(6) 
Power and communications. In Neighborhoods and Hamlets and in their respective Cores, in Landings and Business Districts, in new major subdivisions in the Greenbelt and Waterfront districts, in the Bellefield Planned Development District, and in all PUDs, all electric service, telephone, cable TV and similar communications lines shall be installed below grade in the construction of any building or structure on an undeveloped lot. Redevelopment of existing properties or roads shall include the installation of all such services underground at the time the improvements or upgrades are made to the property or the particular service.
J. 
Assembly area. An assembly area, where required, shall be designed for the purpose and use of the specific population it supports. If such area is not accessible to public use, it may not be counted in satisfaction of the obligation to provide recreation land or recreation fees pursuant to Article 36. Any proposed construction of 16 or more dwelling units at a density of four dwelling units per acre or greater shall provide no less than one defined assembly area at least 1,100 square feet in area.
(1) 
The minimum area for an assembly area shall be increased by 60 square feet for each dwelling unit over 20, but no single gathering place shall be greater than 3,000 square feet in area.
(2) 
Such assembly areas shall be designed and constructed for passive gathering and enjoyment other than for active athletics or sports.
(3) 
Such assembly areas shall not include any portion of a required yard.
(4) 
Construction of a structure is not necessarily required in a public assembly area.
K. 
Visual standards. The Planning Board shall consider the following standards for visual impacts as they support the applicable standards contained in Article 5:
(1) 
Scenic views of and from the Hudson River, particularly those identified in §§ 108-4.6 and 108-4.7, shall be given consideration.
(a) 
Significant disruption or removal of any healthy existing tree canopy or understory composition that creates new vistas or damages the definition of an existing vista shall be discouraged.
(b) 
Any new vista created shall be carefully reviewed for its focus point both on and from the Hudson River.
(c) 
Any expansion of an existing vista shall be carefully considered.
(2) 
Views of and from the historic sites and places identified in § 108-4.6 shall be carefully reviewed to ensure that the quality and focus of the vistas are enhanced, not diminished.
(a) 
Views from such sites or places shall be terminated with a landscaping screen along the opposite side of the property of sufficient height and density to screen the view of any parking area, building or use that abuts the historic site.
(b) 
The protected views from such site or place that are not of the Hudson River shall not be construed to extend beyond the opposing corridor.
(3) 
Street design shall preserve and enhance the existing trees that define the corridor character.
(4) 
Stone walls, where they are present along existing rights-of-way, shall be repaired and maintained.
(5) 
Gateways shall be considered as defining points within the Town. Any development within or adjacent to these areas shall be carefully reviewed to ensure that the visual setting of any gateway is not diminished.
(6) 
Public spaces shall be integrated with, or strongly related to, corridors. The design and construction of public spaces shall be carefully reviewed to ensure that these relationships are retained, reinforced and enhanced.
(7) 
Open spaces proposed to protect views shall be permanent open space as provided by § 96-9E of this Code.

§ 108-4.6 Historic overlay standards.

[Amended 8-24-2009 by L.L. No. 2-2009]
For the purpose of protecting the historic resources that contribute to the tourist industry of the Town, the following requirements and restrictions shall be in addition to the use, bulk and site development regulations applicable to any use located in any district to which the Historic Overlay District is applied.
A. 
Hudson River National Historic Landmark District. Any use within this district shall obtain site plan approval for external structural alterations or construction and shall be limited to an agriculture, water-dependent and/or water-enhanced use or to a use appropriate to preservation of the historic resources of the district.
B. 
Places listed on the National and State Registers of Historic Places. Any use on a lot abutting such place shall obtain site plan approval for external structural alterations or construction and shall provide an open space along the common property line. Such open space shall be equal in depth to the contiguous open space on the lot designated as an historic place or 100 feet, whichever is less.
C. 
Estates District Scenic Area of Statewide Significance. Any use within this district shall obtain site plan approval for external structural alterations or construction.
D. 
Hyde Park Historic District. Any use within this district shall obtain site plan approval for external structural alterations or construction.
E. 
Historic roadside stone walls. Any use which contains or abuts an existing historic roadside stone wall on Route 9, Route 9G or in Staatsburg in the Town of Hyde Park shall obtain site plan approval for external structural alterations or construction. As a condition of such approval, such a stone wall shall be restored. The extent of the required restoration shall be determined by the Planning Board on the advice of the Town Engineer.

§ 108-4.7 Scenic overlay standards.

For the purpose of protecting the scenic resources that contribute to the tourist industry of the Town, the following requirements and restrictions shall be in addition to the use, bulk and site development regulations applicable to any use located in any district to which the Scenic Overlay District is applied:
A. 
New York State designated scenic roads. Any use where frontage is provided by a street identified as a scenic road shall obtain site plan approval for external structural alterations or construction and:
[Amended 8-24-2009 by L.L. No. 2-2009]
(1) 
Shall designate and maintain open space along such road that retains the existing land contour and appropriate vegetative cover to the following depths from the property line:
(a) 
Greenbelt or Waterfront District: 100 feet.
(b) 
Neighborhood, Hamlet: 50 feet.
(c) 
Cores and Business Districts: not required.
(2) 
No major permanent modification of land contour of existing land or modification of structures or removal of trees exceeding 12 inches in diameter as measured at four feet from the ground shall be permitted within such open space without site plan approval by the Planning Board.
(3) 
Any existing allee of trees shall be maintained.
(4) 
Walkways may be located in such open space, provided that the walkways are consistent with the scenic character of the road.
(5) 
On-street parking shall not be located along such roads outside of any Core or Business District.

§ 108-5 ARTICLE 5: DISTRICT REGULATIONS AND STANDARDS

§ 108-5.1 Applicability.

A. 
Purpose. The purpose of Article 5 is to provide the schedules of use and bulk regulations applicable to specific zoning districts and the standards for specific districts. For general standards and regulations applicable to all districts, see Article 4. For statements of the purpose of each individual district, see Article 3.
B. 
Applicability. No land or structure shall be used or occupied for any purpose other than as authorized in this chapter. No structure or portion thereof shall be erected, moved, altered, rebuilt, or enlarged other than as authorized in this chapter. No vehicle or vessel serving as a building shall be located, used or occupied for any purpose other than as permitted by the provisions of this chapter applicable to such building.
C. 
Conflicts. In the event of a conflict between the requirements of this chapter and those of any other chapter of the Town Code with respect to the use of land or structures, the requirements of this chapter shall prevail.
D. 
Variances. Any variance in the requirements of the Schedule of Use Regulations at § 108-5.14 or the Schedule of Bulk Regulations at § 108-5.15 shall be determined by the Zoning Board of Appeals pursuant to Article 33 of this chapter.
E. 
Modification of district standards. District standards are mandatory rules, subject to modification by the Planning Board and, in the case of a PUD, by the Town Board, in the manner set forth in § 108-4.5.

§ 108-5.2 General district standards.

A. 
Consistent architecture. New buildings adjacent to significant historic structures shall be designed in a manner consistent with the general architectural features of such historic structures in terms of form, materials, fenestration, and roof shape.
B. 
Major modifications to landscape. Major modifications to the existing landscape, such as extensive grading, clear-cutting of trees, or other similar activities, shall be avoided.
C. 
Removal of existing historic structures. Existing historic structures shall not be removed or demolished unless required by assessment of the Town Engineer to protect the general health, safety and welfare of the community.
D. 
Access of trail systems. Where possible, public access to any nearby public trail system shall be provided for present or future continuation of such trail system.
E. 
Walkways. Developing any lot shall require that a walkway be provided. [See § 108-4.5C(3)(d).]

§ 108-5.3 Greenbelt and Waterfront District standards.

The following standards apply to the Greenbelt and Waterfront Districts:
A. 
The negative impacts on environmental and scenic resources of any new development shall be minimized.
B. 
Existing tree rows and hedgerows, stone walls, and similar features shall be retained in the development of any new use or the expansion of any existing use.
C. 
The number of off-street parking spaces required shall be the minimum necessary to adequately serve the intended use.
D. 
The primary means of access to lots shall be via the existing street corridors to minimize the number of new streets created.
E. 
All new streets shall be designed with rural characteristics, including narrower rights-of-way, minimal tree clearing, minimal grading and filling of existing topography, and usage of natural drainage where practicable.
F. 
On-street parking is discouraged.

§ 108-5.4 Neighborhood Core District standards.

The following standards apply to uses in the Neighborhood Core District:
A. 
Incorporating small, landscaped front yards shall be encouraged with any new residential use.
B. 
Developing public parks, commons or small pedestrian plazas with amenities such as benches and landscaping shall be encouraged.
C. 
Existing tree rows and hedgerows, stone walls, and similar features shall be retained in the development of any new use or the expansion of any existing use.
D. 
The number of off-street parking spaces required shall be the minimum necessary to adequately serve the intended use.
E. 
On-street parking is encouraged for nonresidential uses.
F. 
The primary means of access to lots shall be via the existing street corridors to minimize the number of new streets created.
G. 
Service alleys for deliveries and utility access shall be established along rear property lines.
H. 
All new streets shall be designed with rural characteristics, including narrower rights-of-way, minimal tree clearing, minimal grading and filling of existing topography, and usage of natural drainage where practicable.
I. 
New or in-fill buildings shall be located as close to the front yard setback as possible to maintain the integrity of the existing building line of the street.

§ 108-5.5 Neighborhood District standards.

The following standards apply to uses in the Neighborhood District:
A. 
The adaptive reuse of historic structures is encouraged in such a way so as to complement the character of the existing neighborhood.
B. 
Developing public parks, athletic facilities, educational amenities and other low-density uses that require large acreage shall be encouraged.
C. 
Existing tree rows and hedgerows, stone walls, and similar features shall be retained in the development of any new use or the expansion of any existing use.
D. 
The number of off-street parking spaces required shall be the minimum necessary to adequately serve the intended use.
E. 
On-street parking is discouraged for nonresidential uses.
F. 
The primary means of access to lots in the Neighborhood District shall be via the existing street corridors to minimize the number of new streets created.
G. 
All new streets in the Neighborhood District shall be designed with rural characteristics, including narrower rights-of-way, minimal tree clearing, minimal grading and filling of existing topography, and usage of natural drainage.
H. 
New or in-fill buildings in the Neighborhood District shall be located in line with existing buildings to maintain the integrity of the existing building setback line of the street.

§ 108-5.6 Hamlet Core District standards.

The following standards apply to uses in the Hamlet Core District:
A. 
Incorporating small, landscaped front yards shall be encouraged with any new residential, nonresidential or commercial use.
B. 
Developing public parks, commons, or small pedestrian plazas with amenities such as benches and landscaping shall be encouraged.
C. 
The adaptive reuse of historic structures is encouraged in such a way so as to complement the historic character of the Hamlet Core.
D. 
The number of off-street parking spaces required shall be the minimum necessary to adequately serve the intended use.
E. 
Service alleys for deliveries and utility access shall be established along rear property lines.
F. 
On-street parking is encouraged for nonresidential uses.
G. 
The primary means of access to lots shall be via the existing street corridors to minimize the number of new streets created.
H. 
New or in-fill buildings shall be located as close to the front setback line as possible and in line with existing buildings to maintain the integrity of the existing building setback line of the street.

§ 108-5.7 Hamlet District standards.

The following standards apply to uses in the Hamlet District:
A. 
Incorporating small, landscaped front yards shall be encouraged with any new residential, nonresidential or commercial use.
B. 
Developing public parks, commons, or small pedestrian plazas with amenities such as benches and landscaping shall be encouraged.
C. 
The adaptive reuse of historic structures is encouraged in such a way so as to complement the character of the existing Hamlet.
D. 
Existing tree rows and hedgerows, stone walls, and similar features shall be retained in the development of any new use or the expansion of any existing use.
E. 
The number of off-street parking spaces required shall be the minimum necessary to adequately serve the intended use.
F. 
Service alleys for deliveries and utility access shall be established along rear property lines.
G. 
On-street parking is encouraged for nonresidential uses.
H. 
The primary means of access to lots shall be via the existing street corridors to minimize the number of new streets created.
I. 
New or in-fill buildings shall be located as close to the front setback line as possible and in line with existing buildings to maintain the integrity of the existing building setback line of the street.

§ 108-5.8 Landing District standards.

The following standards apply to uses in the Landing District:
A. 
Concentrating tourist-related facilities shall be encouraged.
B. 
Developing public parks, commons, or small pedestrian plazas with amenities such as benches and landscaping is encouraged.
C. 
The shoreline of the Hudson River shall be maintained in a natural state.
D. 
River access shall be improved as part of any new or expanded development on lands with river frontage.
E. 
The adaptive reuse of historic structures is encouraged in such a way so as to complement the character of the existing Landing.
F. 
Existing tree rows and hedgerows, stone walls, and similar features shall be retained in the development of any new use or the expansion of any existing use.
G. 
The number of off-street parking spaces required shall be the minimum necessary to adequately serve the intended use.
H. 
Service alleys for deliveries and utility access shall be established along rear property lines.
I. 
On-street parking is encouraged for nonresidential uses.
J. 
The primary means of access to lots shall be via the existing street corridors to minimize the number of new streets created.
K. 
New or in-fill buildings shall be located in line with existing buildings to maintain the integrity of the existing building setback line of the street.

§ 108-5.9 East Park Business District standards.

The following standards apply to uses in the East Park Business District:
A. 
Incorporating small, landscaped front yards shall be encouraged with any new residential, nonresidential or commercial use.
B. 
Developing public parks, commons or small pedestrian plazas with amenities such as benches and landscaping shall be encouraged.
C. 
The adaptive reuse of historic structures is encouraged in such a way so as to complement the character of the existing East Park Business District.
D. 
The number of off-street parking spaces required shall be the minimum necessary to adequately serve the intended use.
E. 
Service alleys for deliveries and utility access shall be established along rear property lines.
F. 
On-street parking is encouraged for nonresidential uses.
G. 
The primary means of access to lots shall be via the existing street corridors to minimize the number of new streets created.
H. 
New or in-fill buildings shall be located as close to the front setback line as possible and in line with existing buildings to maintain the integrity of the existing building setback line of the street.

§ 108-5.10 Neighborhood Business District standards.

The following standards apply to uses in the Neighborhood Business District:
A. 
Professional offices and small businesses shall be encouraged.
B. 
Existing tree rows and hedgerows, stone walls, and similar features shall be retained in the development of any new use or the expansion of any existing use.
C. 
Incorporating small, landscaped front yards shall be encouraged with any new residential, nonresidential or commercial use.
D. 
Developing public parks, commons or small pedestrian plazas with amenities such as benches and landscaping shall be encouraged.
E. 
The adaptive reuse of historic structures is encouraged in such a way so as to complement the character of the existing Neighborhood Business Districts.
F. 
The number of off-street parking spaces required shall be the minimum necessary to adequately serve the intended use.
G. 
Service alleys for deliveries and utility access shall be established along rear property lines.
H. 
On-street parking is encouraged for nonresidential uses.
I. 
The primary means of access to lots shall be via the existing street corridors to minimize the number of new streets created.
J. 
New or in-fill buildings shall be located as close to the front setback line as possible and in line with existing buildings to maintain the integrity of the existing building setback line of the street.

§ 108-5.11 Town Center Historic District standards.

The following standards apply to uses in the Town Center Historic District:
A. 
Establishing mixed-use development shall be the preferred form of use.
B. 
Developing public parks, commons or small pedestrian plazas with amenities such as benches and landscaping shall be encouraged.
C. 
The adaptive reuse of historic structures is encouraged in such a way so as to complement the historic character of the Town Center Historic District.
D. 
The number of off-street parking spaces required shall be the minimum necessary to adequately serve the intended use.
E. 
Service alleys for deliveries and utility access shall be established along rear property lines.
F. 
On-street parking is encouraged for nonresidential uses.
G. 
The primary means of access to lots in the Town Center Historic District shall be via the existing street corridors to minimize the number of new streets created.
H. 
New or in-fill buildings shall be located as close to the front setback line as possible and in line with existing buildings to maintain the integrity of the existing building setback line of the street.

§ 108-5.12 Bellefield Planned Development District standards.

A. 
The Bellefield Planned Development District is to be developed pursuant to a comprehensive development plan for all or a portion of the property, provided that if only a portion is to be developed, the portion to be developed pursuant to a comprehensive development plan shall not be less than 100 acres, except as provided below in § 108-5.12C. Any application for and approval of development in this district shall be conducted pursuant to the provisions of Article 7, Planned Unit Development, except as modified herein. The Bellefield District shall be treated as an overlay district for purposes of as-of-right density and bulk regulations, the underlying district of which for land east of Route 9 is Greenbelt and for land west of Route 9 is Waterfront. Where the applicant owns or controls a parent parcel of less than 100 acres, the waiver provision in § 108-5.12C shall apply. If the applicant owns or controls more than 100 acres, the comprehensive development plan for less than all of the applicant's acreage shall not be permitted to leave out of the plan a lot less than 100 acres in size, as it would create a substandard lot for development in the Bellefield District.
B. 
The following standards shall apply in the Bellefield Planned Development District, in addition to the standards applicable to all PUDs pursuant to Article 7.
(1) 
Uses. In addition to meeting the general purposes of this district as defined in § 108-3.1.1K, developments in the Bellefield Planned Development District shall provide a mixture of uses to:
(a) 
Promote tourism-related businesses and build the Town's commercial tax base.
(b) 
Maintain an estate-like setting along U.S. Route 9 complementing the FDR Home and Valkill National Historic Sites.
(c) 
Develop a trail corridor or other transportation link between the FDR Home and Valkill.
(d) 
Support the existing commercial activity in the Town Center Historic District.
(e) 
Expand the existing mixed use in the Town Center Historic District in a sensitive manner.
(f) 
Maintain and develop an attractive gateway entrance to the Town Center Historic District at Teller Hill.
(g) 
Preserve and protect important views and natural features of the landscape.
(h) 
Serve the Mid Hudson region beyond the boundaries of the Town of Hyde Park.
(i) 
Support and enhance safe and efficient pedestrian circulation.
(2) 
Density. The permitted bulk regulations and average density for subdivision of the Bellefield Planned Development District, if different from the underlying zone, shall be established by the Town Board.
(3) 
Mixed use. A mixture of uses is to be encouraged in the Bellefield Planned Development District. All permitted uses as indicated on the Schedule of Use Regulations (§ 108-5.14) are permitted, subject to approval of the PUD concept plan by the Town Board. Tourist-related facilities are encouraged. No more than 50% of the gross floor area of all development in the district may consist of residential development.
(4) 
Open space. Tree rows, hedgerows, stone walls, and similar features shall be retained when accommodating any new use, for the purpose of maintaining the rural flavor of the district and conserving the value of lots. Any required dedication or reservation of a park or parks for recreation purposes shall be contiguous with other Bellefield Planned Development open spaces in order to maintain the district's character.
(5) 
Parking. The number of parking spaces provided shall be reasonably related to the use being served. Parking shall be adequate for the average daily use, not peak holiday or seasonal demand.
(a) 
On-street parking shall be included whenever any improvements to a street are proposed.
(b) 
Large expanses of pavement shall be avoided in favor of dispersed smaller areas separated by landscaping, plazas and other uses in order to diminish the visual dominance of automobiles or vacant pavement over the buildings.
(c) 
The primary use of any site shall not be, either visually or physically, parking or storage of vehicles.
(d) 
Off-street parking, other than prescribed, shall be developed away from Route 9, Route 9G, and St. Andrews Road, and shuttle services shall be utilized to transport people to frequently visited locations.
(e) 
Multilevel parking structures are inappropriate for this district.
(6) 
Access. The primary means of access are the corridors established by streets.
(a) 
All streets shall contain a walkway, including sidewalks no less than five feet in width.
(b) 
Vehicular access to a lot shall be via a service alley along the rear of a lot. Direct access from Route 9 shall be kept at a minimum, and entrances from Route 9 that are permitted shall be characteristic of an estate entrance.
(c) 
Wherever the impact of the proposed development warrants, the extension or improvement of identified bicycle routes shall be provided.
(7) 
Screening. Any storage other than sheds shall be screened from all walkways and streets.
(8) 
Signs. Signs are subject to regulation under Article 24 of this chapter.
(9) 
Landscaping. The perimeters of any off-street parking or loading areas shall be generously landscaped, incorporating any required screening.
(10) 
Architectural features. New buildings shall not mimic historic structures that may exist on adjacent lots, but shall be designed in a manner consistent with the architectural features of such structures in terms of form, materials, fenestration and roof shape.
(a) 
Buildings shall incorporate attractive bays, balconies, cornices, porches and similar architectural features as well as changes in wall plane to provide visual interest.
(b) 
New and renovated buildings shall utilize creative design to incorporate the traditional building forms, practices and styles found in the Town.
(c) 
Building facades shall contain a variety of well-articulated forms, arranged and interrelated in a manner that creates a unified composition of visual interest.
(d) 
New buildings shall utilize natural, recycled or synthetic materials such as wood, stone, masonry, recycled products and tile to provide the exterior finishes whenever practicable. Using stone in the manner characteristic of the major buildings of the Town shall be preferred.
(e) 
The major/minor axes of any new building plan form shall be related to the site frontage in the same manner as existing buildings in the Bellefield Planned Development District.
(f) 
Building facades shall vary one from another, but not excessively or dramatically.
(g) 
The materials and details used on any new building shall present an appearance in proportion, texture and application that is consistent with, and of no less quality than, that presented by the majority of buildings fronting on the same corridor.
(h) 
Building height shall be appropriate for an historic area.
(11) 
Building location. Buildings and tree plantings shall establish the spatial definition of streets in the Bellefield Planned Development District.
(a) 
Buildings shall not be located so as to appear secondary to parking lots or automobile storage areas.
(b) 
Any new buildings, structures or parking shall be set back from Route 9 or Route 9G so as to be visually unobtrusive when viewed from said roads. Along Route 9, 150 feet shall be the minimum setback for all structures and parking.
(12) 
Protection. Any improvements or other modifications that alter significant portions of the existing rural and undeveloped landscape, by clear-cutting, major grading and similar landscape altering activities, shall be avoided.
(13) 
Infrastructure priority. The Bellefield Planned Development District has no priority for the provision of infrastructure, as infrastructure will be developed as part of the PUD process.
C. 
Waiver.
(1) 
The Town Board may waive the requirement that the portion of the Bellefield Planned Development District to be developed pursuant to a comprehensive development plan shall not be less than 100 acres, upon application of an owner of property upon which development would have been permitted in the district but for the minimum acreage required, provided the applicant can demonstrate, and the Town Board can find, based upon competent evidence, that:
(a) 
Application of the minimum acreage threshold to the applicant's property will cause the applicant substantial economic hardship; and
(b) 
The proposed development of the property is consistent with the purposes, standards for the Bellefield Planned Development District and with the Comprehensive Plan.
(2) 
Upon submission of a written application to the Town Clerk by the property owner seeking a hardship waiver to the one-hundred-acre threshold, together with the fee set forth in the fee schedule adopted by the Town Board, the Town Board shall, within 30 days of receipt of such application, schedule a public hearing on the application and request a report and recommendation from the Planning Board. The Planning Board shall provide its report and recommendation to the Town Board within 30 days of receipt of the Town Board's request, although the failure of the Planning Board to do so shall not prevent the Town Board from rendering its final decision on the application. Notice of the public hearing shall be given at least five days prior to the hearing by publication in the official newspaper of the Town. The Town Board shall, within 62 days of the close of the public hearing, render its decision either granting the application, with or without conditions, or denying it.

§ 108-5.13 St. Andrews District.

[Amended 7-28-2008 by L.L. No. 3-2008]
A. 
Permitted uses.
[Amended 8-24-2009 by L.L. No. 2-2009; 4-11-2011 by L.L. No. 3-2011]
(1) 
Principal uses permitted in the St. Andrews District are educational uses, including both instructional and residential uses associated with the educational use, lodging facility and conference center.
(2) 
Accessory uses permitted in the St. Andrews District are required off-street parking, parking garages, signs, tennis courts, swimming pool, health club, spa, restaurant, bar and accessory shops and services incidental to the principal uses allowed in the district.
B. 
District standards.
(1) 
Site plan approval from the Planning Board is required for all new buildings and major site development activities in the district.
(2) 
To assure the orderly development of the campus, the educational institution shall periodically prepare an advisory master plan for five or more years. This plan may be amended from time to time to address new or changed circumstances. A copy of each such plan, along with amendments to it, if any, shall be presented to the Hyde Park Planning Board and Town Board in a timely manner.
(3) 
New and renovated buildings shall incorporate creative designs that utilize, or are compatible with, existing building forms in the district and provide visual interest.
(a) 
Building facades shall contain a variety of well-articulated forms, arranged and interrelated in a manner that creates a unified composition of visual interest.
(b) 
New buildings shall utilize natural, recycled or synthetic materials such as wood, stone, masonry, recycled products and tile to provide the exterior finishes whenever practicable.
(c) 
Building facades shall vary one from another, but not excessively or dramatically.
(d) 
The materials and details used on any new building shall present an appearance in proportion, texture and application that is consistent with, and of no less quality than, that presented by the majority of buildings in the district.
(4) 
Views from the Hudson River shall be sensitively addressed in the design and location of any new building having significant exposure to the river. Existing tree lines along the banks of the Hudson River shall be preserved or enhanced.
(5) 
New and expanded parking and service areas shall be screened by berms and/or landscaping from public transportation corridors, and new or expanded parking areas shall be visually enhanced with tree plantings to minimize the impact of large open spaces.
(a) 
Large expanses of pavement shall be avoided in favor of dispersed smaller areas separated by landscaping, plazas and other uses in order to diminish the visual dominance of automobiles or vacant pavement over the buildings.
(b) 
The primary use of any site shall not be, either visually or physically, parking or storage of vehicles.
(c) 
Standalone multilevel parking structures are not appropriate for this district. Multilevel parking structures shall be underground, integrated into a development as secondary features of new construction or integrated into the terrain.
(6) 
The number of parking spaces provided shall be reasonably related to the use being served. Parking shall be adequate for the average daily use, not peak holiday or seasonal demand.
(7) 
The primary means of access are the corridors established by streets.
(a) 
Direct access from Route 9 shall be kept at a minimum, and entrances from Route 9 that are permitted shall be characteristic of an estate entrance.
(b) 
Walkways shall be encouraged to facilitate pedestrian circulation.
(8) 
Unenclosed storage areas shall be screened from all walkways and streets.
(9) 
Signs are subject to regulation under Article 24 of this chapter.
(10) 
Any new buildings, structures or parking shall be set back from Route 9 so as to be visually unobtrusive when viewed from the said roads.
(11) 
Existing tree lines forming a visual backdrop to and running parallel to Route 9 shall be preserved or enhanced.
(12) 
In the design of new buildings and parking areas, excessive elimination of the existing wooded and natural landscape shall be avoided.
C. 
Bulk requirements.
(1) 
Minimum lot size*: 50 acres.
(2) 
Minimum lot width*: 1,000 feet.
(3) 
Minimum lot depth*: 1,000 feet.
(4) 
Maximum lot coverage*: 25%.
(5) 
Maximum building height:
(a) 
Educational-use building: 60 feet; except 75 feet within 400 feet of the northernmost exterior point of Farquharson Hall.
(b) 
Dormitories: 45 feet.
(c) 
Lodging facility/conference center: 60 feet.
[Added 4-11-2011 by L.L. No. 3-2011]
(6) 
Minimum dwelling unit dimension: 16 feet.
(7) 
Minimum dwelling unit floor area: 400 square feet.
(8) 
Maximum building height of accessory structure: 22 feet.
(9) 
Minimum yard setbacks**:
(a) 
Along Route 9: 150 feet or Campus Drive (as located in May 2008), whichever is closer to Route 9.
(b) 
South boundary: 100 feet.
(c) 
North boundary: 100 feet.
(10) 
Maximum guest rooms for lodging facility: 300.
[Added 4-11-2011 by L.L. No. 3-2011]
NOTES:
*
In computing lot size, commonly owned contiguous lots shall, for zoning purposes, be deemed to be the same lot in determining minimum lot size requirements.
**
Yard requirement shall apply only to those yards bordering a parcel not owned by the educational institution. As to adjoining lots in a different zoning district, the required setback shall be no greater than the setback required in that district.

§ 108-5.14 Schedule of Use Regulations.

The schedule of permitted uses is located at the end of this chapter. This schedule shall be used to identify all applicable restrictions or limitations for a particular use.

§ 108-5.15 Schedule of Bulk Regulations.

The schedule of area and bulk regulations is applicable to the dimensional requirements for a particular use in a particular district. It is located at the end of this chapter.

§ 108-6 ARTICLE 6: NONCONFORMING USES, STRUCTURES AND LOTS

[Amended 8-27-2007 by L.L. No. 10-2007; 10-29-2007 by L.L. No. 12-2007; 8-24-2009 by L.L. No. 2-2009]

§ 108-6.1 Purpose.

The general purpose of regulating nonconforming uses, structures, lots and vessels is to allow for the continued existence of such uses, structures, lots and vessels after a zoning change which would otherwise prohibit such use, structure, lot or vessel, while gradually bringing everything into conformance by regulating how such uses and structures can be reestablished, repaired and restored. Additionally, these regulations allow the nonconforming uses and structures to be physically maintained and encourage their upkeep so as to preserve safety, functionality and appearance within the Town.

§ 108-6.2 General provisions

A. 
Nonconforming uses. Except as otherwise provided in this article, any use lawfully existing at the effective date of this chapter or any amendment thereto which does not comply with the requirements of this chapter solely by virtue of said enactment or amendment shall be deemed a nonconforming use and may be continued as provided herein.
B. 
Nonconforming structures. Except as otherwise provided in this article, any structure lawfully existing at the effective date of this chapter or any amendment thereto which does not comply with the requirements of this chapter solely by virtue of said enactment or amendment shall be deemed a nonconforming structure and may be continued as provided herein. A one-family or two-family dwelling which does not satisfy the dimensional requirements of this chapter for the district in which it is located, but which was not in violation of applicable requirements when constructed, shall not be subject to the requirements of this article.

§ 108-6.3 Discontinuance, reestablishment, and expansion of nonconforming use.

A. 
General provisions.
(1) 
If a nonconforming use is discontinued (as defined in § 108-6.3B), it shall not thereafter be reestablished except as provided herein, and any future use shall be in conformity with this chapter.
(2) 
If the applicant has been prevented from continuing the use during a one-year period due to strike or act of God, the Zoning Board of Appeals may approve the reestablishment of the use if application is made within two years after the one-year period has expired, upon making a finding in accordance with the procedures and standards in § 108-6.3C and D.
B. 
A nonconforming use shall be considered discontinued under any one of the following circumstances:
(1) 
For a period of 12 or more consecutive months, the discontinuance of the use is made obvious by the posting of signs, boarding up of windows, failure to pay taxes or assessments or other measures which demonstrate the enterprise is going out of business or the use is otherwise ending; or
(2) 
The building has not been occupied for 12 consecutive months or more; or
(3) 
The nonconforming use has been replaced by a conforming use or changed to another use under permit from the Town; or
(4) 
The equipment and furnishings used in furtherance of the nonconforming use have been removed from the premises for a period of 12 or more consecutive months.
C. 
Any application for the reestablishment of a nonconforming use which is deemed to have been discontinued in accordance with § 108-6.3A(2) may be reestablished by the Zoning Board of Appeals, provided that the following procedures are strictly adhered to:
(1) 
Application for any proposed reestablishment of a nonconforming use shall be made in writing to the Zoning Administrator.
(2) 
The required information and plans, which must accompany the application, shall be the same as specified in § 108-30.7C for a special use permit.
(3) 
Upon receipt of an application, the Zoning Administrator must review and judge its completeness in accordance with § 108-30.7C for special use permits. The Zoning Administrator shall forward the application to the Zoning Board of Appeals.
(4) 
Before taking action on any such application, the Zoning Board of Appeals shall give notice and hold a public hearing in the same manner as required by law for appeals or other matters referred to it. In acting on any application for the reestablishment of a nonconforming use or for restoration, repair or rebuilding, the Zoning Board of Appeals shall have the same powers, duties and responsibilities as prescribed by law for appeals and other matters referred to it.
D. 
In order to permit the reestablishment of the nonconforming use which is deemed to have been discontinued in accordance with § 108-6.3A(2) or for restoration, repair or rebuilding as per § 108-6.4, the Zoning Board of Appeals must first make a finding that such reestablishment, restoration, repair or rebuilding would be in accordance with the following:
(1) 
The structure or use will have adequate access for fire and police protection and will not present a threat to public health or safety;
(2) 
The location and the size of the use structure or vessel, the nature and intensity of the operations involved in or conducted in connection with it, the size of the site in relation to it and the location of the site with respect to streets giving access to it are such that it will be in harmony with the appropriate and orderly development of the district in which it is located; and
(3) 
The location, nature and height of buildings, walls and fences, and the nature and extent of existing or proposed plantings on the site, are such that the use will not hinder or discourage the appropriate development and use of adjacent land and buildings.
E. 
Expansion. The Planning Board may issue a special use permit allowing an expansion of a nonconforming use by up to 50% of its area in gross square feet at the time of the effective date of this chapter, provided that all other requirements for a special use permit can be met and that such expansion does not reduce any nonconforming setbacks by more than 20%. No use prohibited by § 108-4.3D may be expanded.

§ 108-6.4 Restoration, expansion, and repair of nonconforming structure.

A nonconforming structure shall not be extended, enlarged, or structurally altered except as provided below. The expansion of a conforming use to any portion of a nonconforming structure shall not be deemed the expansion of a nonconforming structure.
A. 
Rebuilding. A nonconforming structure may be rebuilt in the event of its total or partial destruction, to occupy the same or a lesser amount of footprint, but may not exceed the original height of the totally or partially destroyed structure. Such rebuilding shall require site plan review and approval by the Planning Board.
B. 
Expansion. The Planning Board may issue a special use permit allowing an expansion of a nonconforming structure by up to 50% of its area in gross square feet at the time of the effective date of this chapter, provided that all other requirements for a special use permit can be met and that such expansion does not reduce any nonconforming setbacks by more than 20%. No use prohibited by § 108-4.3D may be expanded.
C. 
Repair. A nonconforming structure may be repaired or restored to a safe condition.

§ 108-6.5 Change of nonconforming use.

A. 
A nonconforming use may, upon a finding by the Zoning Board of Appeals in accordance with § 108-6.5B, be changed to another nonconforming use which is of the same or lesser impact, except that no use prohibited by § 108-4.3D shall be permitted under any circumstances. No structure in which a nonconforming use has been changed to a use of lesser impact shall again be devoted to a nonconforming use with greater impact.
B. 
In determining whether a use is of greater or lesser impact, the Zoning Board of Appeals shall consider the following criteria:
(1) 
The new use shall not result in excessive off-premises noise, dust, odors, solid waste or glare, or create any public or private nuisance.
(2) 
The new use shall not cause a significant increase in traffic, impair pedestrian safety, or overload existing roads. In no case will a change to another use be allowed which would result in a traffic increase that would decrease the level of service for the highway.
(3) 
The new use shall be suitable for the property on which it is proposed, considering the size, location, topography, vegetation, soils, natural habitat, and hydrology, and, if appropriate, its ability to be buffered or screened from neighboring properties and public roads.
(4) 
The new use shall not pose a threat to public health or safety.

§ 108-6.6 Nonconforming lots.

A. 
No variance shall be required for development on or for any additions to or other alterations to existing structures on any nonconforming lot of record created prior to the effective date of this chapter, provided that such development, addition or alteration meets the bulk regulations in § 108-5.15 and provided that the following conditions are also satisfied:
(1) 
At the time the lot became nonconforming, it did not adjoin other lots held in the same or related ownership with which it could be merged to create a conforming or less nonconforming lot, except where such adjoining lots were created by a subdivision approved by the Planning Board or duly filed in the Dutchess County Clerk's Office. For purposes of this section, related ownership includes, but is not limited to, individuals related by marriage or kinship, individuals who are members of the same partnership, and corporate entities with common parent corporate entities or stockholders.
(2) 
All Health Department regulations shall be satisfied.
(3) 
Any residential use of such a nonconforming lot shall be limited to a one-family dwelling. This shall not prohibit accessory apartments from being permitted as long as all other requirements are satisfied.
(4) 
A topographical map shall be submitted that includes sufficient topographical and natural features to allow site evaluation by the Zoning Administrator and the Building Inspector.
B. 
A nonconforming lot may be subdivided only if the subdivision plat shows that every subdivided portion of such lot will be merged with adjoining properties to increase the area of such properties, thereby eliminating the nonconforming lot.

§ 108-7 ARTICLE 7: PLANNED UNIT DEVELOPMENT

§ 108-7.1 Purpose; objectives.

A. 
Purpose. The purpose of the PUD Overlay District is to allow the planned creation of new communities or expansion of existing communities. Residential and nonresidential uses are a required component of each PUD. The PUD process is intended to encourage and allow more creative and imaginative design of land development. The PUD process allows for substantial flexibility in planning and designing a proposal. While greater density than the underlying district may be allowed and more lenient site requirements may be granted, PUD proposals shall reflect the principles of development set forth in the Greenway Connections and the Comprehensive Plan.
B. 
Objectives. Through proper planning and design, each PUD shall include features that further, and are in compliance with, the following objectives:
(1) 
To allow for the design of new communities that are architecturally and environmentally innovative, and that achieve better utilization of land than is possible through strict application of standard zoning and subdivision controls;
(2) 
To encourage land development that, to the greatest extent possible, preserves natural vegetation, respects natural topographic and geologic conditions, and does not adversely affect flooding, soil, drainage and natural ecologic conditions;
(3) 
To provide for abundant, accessible, and properly located public open and recreation space;
(4) 
To encourage uses of land that reduce transportation needs and conserve energy and natural resources to the maximum extent possible;
(5) 
To lower development and building costs by permitting smaller networks of utilities and streets and the use of more economical building types and shared facilities;
(6) 
To promote the combining and coordinating of land uses, building types and building relationships within a planned development, which otherwise would not be provided under a conventional zoning district;
(7) 
To provide additional convenience and economy in the location of retail and other commercial enterprises and services, and to provide a wider range of housing costs and settings for Town residents;
(8) 
To promote sensitive development of land adjacent to already settled areas in order to provide orderly and organic transition from Neighborhoods to Hamlets, and to create new community centers;
(9) 
To allow access by the general public to all streets and public facilities, without regard to whether such streets and public facilities are owned by the Town or a community association.

§ 108-7.2 Eligibility.

The PUD Overlay District is designed to allow an applicant to submit a proposal for consideration of any uses or any mixture of uses permitted by this chapter in any district that are consistent with the Comprehensive Plan of the Town, and to allow the Planning Board and the Town Board to approve any proposal which the Town Board determines to be in the best interest of the public health, safety and welfare, along with any conditions, requirements or limitations thereon which the Town Board and the Planning Board deem advisable. Final approval of a PUD proposal rests with the Town Board. However, no PUD shall be eligible for approval unless the following minimum conditions are met:
A. 
Minimum area and density. In the Greenbelt and Waterfront Districts, the minimum area required for a PUD proposal is 40 acres. In the Neighborhood, Hamlet, Business Districts, Landing Districts and Cores, the minimum area required for a PUD proposal is 20 acres. In the Bellefield Planned Development District, the minimum area required for a PUD proposal is 100 acres. All residential density increases above the underlying density maximums shall be subject to review and approval by the Town Board. In determining base densities for all residential components of a proposed PUD, the proposed total acreage for all nonresidential uses shall be subtracted from the total PUD acreage. (Note the additional factors for Greenbelt and Waterfront calculations in § 108-5.15.) The remaining acreage shall then be used to determine the maximum number of dwelling units for the residential component of the PUD.
B. 
Not less than 30% and not more than 50% of the gross square feet of the floor space of the proposed development shall be for nonresidential uses. All such nonresidential uses shall be clustered within a center.
[Amended 8-24-2009 by L.L. No. 2-2009]
C. 
Open space. A minimum acreage of 30% of the total PUD acreage shall be designated as open space for all PUD proposals.
D. 
Configuration. The lot or lots for which the PUD proposal is made shall be contiguous and with sufficient width and depth to accommodate the proposed use.
E. 
Unified control/ownership. All land included for the purpose of development within a PUD shall be under the unified control of the applicant for such PUD, whether the applicant be an individual, partnership, corporation, or other entity, and shall be planned and developed as a whole in a single development operation or a definitely programmed series of development operations or phases. The applicant shall provide the Zoning Administrator all of the necessary documents and information that may be required by the Town Attorney to assure the Town that the development project may be lawfully completed according to the plans sought to be approved.
F. 
Phasing. If the development is to be phased, residential and nonresidential uses shall be included in each phase of the development to assure that each phase maintains the percentage balance of residential and nonresidential uses required by the Town Board in its approval of the PUD concept plan. (See § 108-7.3B below.)

§ 108-7.3 Procedure.

A PUD application shall include a PUD concept plan. The PUD review process will be coordinated between the Planning Board and the Town Board. The review process consists of the following steps:
A. 
Preapplication conference. A request for a preapplication conference shall be submitted, along with the appropriate preapplication fee, to the Zoning Administrator. The intent of the preapplication conference is for the applicant to obtain a general awareness of the Town's planning rationale, the compatibility of the proposed PUD with existing and anticipated land uses in the vicinity, and a familiarity with the Town's PUD procedures. The conference assists the applicant in determining the suitability of a proposed PUD in the proposed location, without incurring the expense of preparation of a PUD concept plan. The conference will be an informal meeting with the Town Board at a workshop session, open to the public, and included on its agenda in advance of the meeting. The Planning Board shall be invited to attend this conference. The preapplication conference is mandatory, but does not require the filing of a PUD concept plan or plat.
B. 
PUD concept plan submission. A PUD concept plan is a detailed plan that shows the proposed use and scale, density and intensity of use for all uses of all lands within the PUD in accordance with the information requirements in subsections §§ 108-7.4 and 108-30. An application for approval of the PUD concept plan shall be submitted, along with the appropriate application fee, to the Zoning Administrator as set forth in the current fee schedule adopted by the Town Board. The Zoning Administrator shall ascertain that all filing requirements have been met and if so shall forward the application document simultaneously to the Town Board and the Planning Board. If the PUD is to be phased, a PUD concept plan for each phase shall be submitted as part of the initial submission.
C. 
Planning Board review of PUD concept plan. The Planning Board shall review the application for compliance with the standards set forth in § 108-7.5 of this chapter. At its first regular meeting after timely submission of an administratively complete application, the Planning Board shall entertain a presentation of the project by the applicant, review the application materials and the PUD concept plan, and review the EAF or DEIS submitted by the applicant. All PUD applications shall be considered Type I actions under SEQRA requiring coordinated review. The Planning Board shall be lead agency for purposes of SEQRA review. At is first meeting, the Planning Board shall determine all other involved agencies, including the Town Board, based on the material submitted by the applicant, and shall resolve to circulate a lead agency letter to all other involved and interested agencies as required by SEQRA. Upon completion of its SEQRA review, the Planning Board shall forward a report to the Town Board of the Planning Board's findings and recommendations regarding the PUD concept plan. The Town Board and the Planning Board are encouraged to hold joint meetings during the PUD concept plan and SEQRA review. The Town Board may hold separate workshop meetings on the PUD concept plan, or may attend the Planning Board meetings.
D. 
Town Board action on the PUD concept plan. Within 62 days of receipt of the report of the Planning Board on the PUD concept plan, the Town Board shall hold a public hearing on the proposed PUD concept plan, which public hearing may be combined with a public hearing on the DEIS held by the Planning Board. Public notice shall be required in the same manner as provided in § 108-8.3C. The Town Board shall, within 62 days of the close of the public hearing, approve, approve with conditions, or disapprove the PUD concept plan, provided that the Planning Board has first completed the environmental review process under SEQRA. The decision of the Town Board shall be final and shall be supported by written findings. The decision of the Town Board shall be forwarded to the Planning Board for further action. If the PUD concept plan is disapproved, there shall be no further proceedings by the Planning Board. If the PUD concept plan is approved or approved with conditions, the Planning Board shall proceed in accordance with such determination.
E. 
Planning Board review of final development plan. Upon receiving the Town Board's approval, with or without conditions, the applicant shall submit a final development plan, in the same manner and level of detail as a site plan, to the Planning Board for approval. If the development is to be phased, the final development plan shall include a development plan for each phase. The final development plan is a detailed development plan prepared to scale showing accurately and with complete dimensioning the boundaries of a site and the location of all buildings, structures, land uses, and principal site development features. The submittal requirements are set forth in the following section.
F. 
The time within which the Planning Board or Town Board must render its decision may be extended by mutual consent of the applicant and the Planning Board or Town Board.

§ 108-7.4 Submittal requirements.

A. 
PUD concept plan. A PUD concept plan shall consist of the graphic and/or textual information itemized below. Adjustments to this information can be made at the preapplication conference.
(1) 
A general plan for the use of all lands within the proposed PUD. Such plans shall indicate the general location of residential areas (including density and unit types), open space, parks, passive or scenic areas, and commercial and other nonresidential areas (including building square footage and height).
(2) 
A plan of vehicular and pedestrian circulation showing the general locations and right-of-way widths of roads, sidewalks, the capacity of the system and access points to the external and internal thoroughfare network.
(3) 
Quantitative summary of land uses (maximum acres, maximum nonresidential building square feet, and maximum number of residential dwelling units).
(4) 
A report justifying the approval of the PUD, including:
(a) 
Identification of each use consistent with the use classifications of this chapter.
(b) 
The proposed scale, density and intensity of use applicable to each such use.
(c) 
The manner in which the PUD supports and is consistent with the statement of land use policies, principles and guides in the Greenway Connections, and the other purposes of this chapter.
(d) 
The manner in which the PUD is suitable for the particular underlying district and compatible with the character of the underlying district.
(e) 
The manner in which the physical improvements will satisfy the site development standards applicable to the district in which the proposed use is located, and will comply with the standards for such district.
(5) 
A detailed description of the proposed development, including:
(a) 
The total acreage of the project, the density of the underlying district and the number of dwelling units allowed by the underlying district.
(b) 
The number of acres proposed to be developed in the various categories of land shown on the PUD concept plan, the percentage of total acreage represented by each category of use and each component of development, and an itemized list of uses proposed for each of the components which shall be the range of uses permitted for that section of the PUD.
(c) 
The number and type of dwelling units proposed for the overall site and for its components, including dwelling-unit-per-acre calculations and population projections for each or, for nonresidential projects, the gross square footage devoted to each land use.
(d) 
The proposed development standards that shall govern the site and development such as lot shape and size, internal streets and walkways, open space provisions, off-street parking, buffers and landscape areas.
(e) 
A program for the operation and maintenance of the areas, facilities and improvements for common use by some or all of the occupants of the development, but which will not be provided, operated or maintained by the Town at public expense.
(f) 
An existing conditions map that includes:
[1] 
A legal description and boundary survey signed and sealed by a registered land surveyor.
[2] 
The name of the PUD, owner, subdivider/lessee/optionee (if applicable) and address and phone number of each, surveyor and engineer of record, and date of drawing.
[3] 
The scale, date, North arrow, and general location map showing the relationship of the site to external uses, structures and features.
[4] 
Boundaries of the subject property, all existing streets, buildings, watercourses, easements, municipal boundaries, and important physical features.
[5] 
Existing topography referenced to a current datum as required by the Town Engineer.
[6] 
The location and size of all existing drainage facilities and a utility concept plan.
[7] 
Information about the existing vegetative cover and general soil types, and their appropriateness for the proposed PUD.
[8] 
The location and function of all other existing public facilities which would serve the residents of the PUD, including but not limited to schools, parks and fire districts. Notation of this information on a scaled map is acceptable.
(6) 
Full environmental assessment form or DEIS.
B. 
Final development plan. The submittal requirements for the final development plan shall include:
(1) 
The requirements of § 108-7.4A.
(2) 
An application for site plan review meeting the requirements of § 108-9.4 for site plan approval, together with the site plan application fee required by § 108-9.3A.
(3) 
An application for a major subdivision meeting the requirements for preliminary and final plat approval and accompanying data set forth in § 96-20 of Chapter 96 of this Code, together with the subdivision fees required by Chapter 96 of this Code. The PUD concept plan shall serve as the accepted sketch plan.
(4) 
The Town Board resolution approving the PUD concept plan.

§ 108-7.5 Standards.

A. 
In reviewing the concept plan and the final development plan, the reviewing board shall apply the general requirements set forth in this article, as well as Article 4 of this chapter and the standards for the underlying district set forth in Article 5, unless the reviewing board, subject to final Town Board approval, determines that alteration of those standards in the context of the PUD would better protect the public health, safety and general welfare and carry out the purposes of the Comprehensive Plan of the Town and the Greenway Connections.
B. 
In addition to the standards set forth above, no PUD may be approved by the Town Board unless it meets the following standards:
(1) 
The proposed PUD must support and be consistent with the statement of land use policies, principles and guides in the Greenway Connections.
(2) 
The proposed PUD must be suitable and compatible for the particular underlying district.
(3) 
The proposed PUD must be compatible with the character of the underlying district with particular regard for the visual, aesthetic, safety and traffic impacts.
(4) 
Any physical improvements in the proposed use must satisfy the site development standards applicable to the underlying district in which the proposed use is located, and with the standards for such underlying district.
(5) 
The proposed PUD must conform to requirements in §§ 108-7.1 and 108-7.2.
(6) 
Bicycle paths shall be included in such proposed development based on the following:
(a) 
The need for parallel bikeway routes that bypass busy commercial corridors within core areas where on-street parking may conflict with bicycle movement.
(b) 
The need for routes linking such bypass to a Core area location where bicycle racks are provided.

§ 108-7.6 Decisions.

A. 
Approval of a PUD concept plan by the Town Board shall be considered a binding commitment on the applicant and all subsequent owners to adhere to such plan in the final development plan review and approval process. A PUD concept plan approval does not in any way require the applicant to proceed with the approved plan.
B. 
A final development plan shall be approved in the same form and manner as a site plan pursuant to § 108-9.4, and the provisions therein shall be fully applicable to such approvals. Any approval of a PUD concept plan or final development plan shall incorporate the findings required under SEQRA and shall be made in written form that includes each of the following:
(1) 
Identification of each use consistent with the use classifications of this chapter;
(2) 
The maximum scale and density applicable to each such use;
[Amended 8-24-2009 by L.L. No. 2-2009]
(3) 
The manner in which the proposed plan supports and is consistent with the requirements in §§ 108-7.1 and 108-7.2 and the statement of land use policies, principles and guides in the Greenway Connections;
(4) 
The manner in which the proposed plan is found to be suitable for the particular underlying district;
(5) 
The manner in which the physical improvements will satisfy the site development standards applicable to the underlying district in which the proposed use is located, and will comply with the standards for such district;
(6) 
The particular elements of a site plan that are subject to Planning Board approval during site plan review;
(7) 
Any conditions which shall become restrictions for the approved PUD concept plan with the same force as if they were included in Article 5;
(8) 
Any required dedication or reservation, which must include a determination that such dedication or reservation is related both in nature and extent to the impact of the proposed project; and
(9) 
Modifications of site development elements necessary to ensure that any physical improvements meet the standards established in Article 5 for the particular underlying district.
C. 
Any disapproval of a final development plan must be in writing and must address the specific reasons for the disapproval.
D. 
Expiration. A final development plan approval shall be deemed to authorize only the particular uses specified in such approval and shall expire if substantial construction of the final development plan is not commenced within two years from the date of the final signature of the plan maps. The Planning Board may, at its discretion, after conducting a public hearing, grant an extension to an approved final development plan. The applicant shall submit a written request 60 days prior to the date of expiration of the final development plan approval, requesting an extension for a specified time and the reason therefor. In granting the extension, the Planning Board may require revision of the previously approved final development plan to comply with current regulations and conditions. The Planning Board shall render a decision, in writing, to the applicant and the other appropriate agencies within 45 days of closing the public hearing. The time within which the Planning Board must render its decision may be extended by mutual consent of the applicant and the Planning Board.

§ 108-8 ARTICLE 8: SPECIAL USE PERMITS

§ 108-8.1 Authorization.

Pursuant to § 274-b of the Town Law and Article 33 of this chapter, and in accordance with the procedures, standards and conditions herein specified, the Planning Board is hereby authorized to grant special use permits for the establishment of one or more of the uses for which a special use permit must be secured as specified in this chapter. Under the authority of § 10 of the Municipal Home Rule Law, this section supersedes § 274-b of the Town Law.

§ 108-8.2 Applicability.

A. 
Uses requiring a special use permit are listed in § 108-5.14, Schedule of Use Regulations.
B. 
Prior to the submission of any application for a building permit or certificate of occupancy for any use requiring a special use permit under this chapter, an application shall be made to the Zoning Administrator for a special use permit in the manner and form specified in Article 30 of this chapter, together with the fee set forth in the fee schedule adopted by the Town Board.
C. 
Any revision of an approved special use permit or any reconstruction, enlargement, extension, moving or structural alteration of an existing special use shall require approval and submission of a new application for approval.
D. 
All buildings, structures and uses that require a special use permit under this chapter must also obtain site plan approval pursuant to Article 9 of this chapter.

§ 108-8.3 Procedure.

A. 
Application. Any application for a special use permit shall be in the manner and form prescribed in Article 30, Enforcement, of this chapter.
B. 
SEQRA.
(1) 
Any use requiring a special use permit shall be deemed to be either a Type 1 or unlisted action.
(2) 
If there is any other involved agency, the action shall undergo coordinated review and the Planning Board shall serve as the lead agency.
(3) 
An application for a special use permit shall not be deemed complete until the Planning Board or another involved agency serving as lead agency shall have adopted a finding of no significant adverse environmental impact (negative declaration) or until a DEIS has been accepted by the lead agency as satisfactory with respect to scope, content and adequacy.
C. 
Public hearing. A public hearing shall be required for every special use permit. The public hearing and official notice shall comply with the requirements of § 274-b of the Town Law, and may be combined with a public hearing held pursuant to SEQRA. The notice shall contain an agriculture data statement if required by § 283-a of the Town Law. The Planning Board shall mail notice of said hearing to the applicant and to the owners of the properties within 150 feet of all property lines of the proposed special use permit at least 10 days before said hearing and shall give public notice of said hearing in a newspaper of general circulation in the Town at least five days prior to the date thereof.
D. 
Area variance. Where a proposed special use permit contains one or more features which do not comply with the regulations of this chapter, application may be made to the Zoning Board of Appeals for an area variance pursuant to Article 33 of this chapter without the necessity of a decision or determination by the Zoning Administrator.
(1) 
Such application shall be made part of the application for such special use permit.
(2) 
The fee for such application shall be in addition to that required for said special use permit.

§ 108-8.4 Standards; accessory apartments.

A. 
The Planning Board may grant a special use permit, provided that it finds that all of the following conditions and standards have been met for each proposed use and/or structure:
(1) 
Will comply with the applicable requirements contained in Articles 4 and 5 of this chapter, will be consistent with the purposes of the district in which it is located and has been given due consideration by the Planning Board.
(2) 
Will be consistent with the purposes of this chapter set forth in § 108-1.4.
[Amended 8-24-2009 by L.L. No. 2-2009]
(3) 
Will not result in excessive off-premises noise, dust, odors, solid waste or glare, or create any public or private nuisances.
[Amended 8-24-2009 by L.L. No. 2-2009]
(4) 
Will not cause significant traffic congestion, impair pedestrian safety, or overload existing roads, considering their current width, surfacing, condition, and any proposed improvements made to them by the applicant.
(5) 
Will be suitable for the proposed action considering the property's size, location, topography, vegetation, soils, natural habitat, hydrology, hydrogeology and, if appropriate, its ability to be buffered or screened from neighboring properties and public roads.
(6) 
Will be subject to such conditions on operation, design and layout of structures and provision of buffer areas as may be necessary to ensure compatibility with surrounding uses and to protect the natural, historic and scenic resources of the Town.
B. 
In addition to the above, any proposed accessory apartment will comply with the following provisions:
[Amended 8-24-2009 by L.L. No. 2-2009]
(1) 
The owner(s) of the one-family lot upon which the accessory apartment is located shall occupy at least one of the dwelling units on the premises;
(2) 
The apartment shall be clearly subordinate to the one-family dwelling unit. The floor area devoted to the apartment shall be no more than 35% of the gross square feet of the existing one-family dwelling unit prior to the creation of the accessory apartment;
(3) 
The number of bedrooms in the apartment shall be not more than two;
(4) 
The floor area of the apartment shall be greater than 400 square feet;
(5) 
An accessory apartment shall be considered in density calculations;
(6) 
The apartment and one-family dwelling must have a safe and proper means of entrance, clearly marked for the purpose of fire safety and mail service;
(7) 
All County Department of Health regulations shall be met;
(8) 
No special use permit shall be granted in any case where the County Department of Health has determined that the water or sewage system serving the dwelling or dwellings in question is for any reason not capable of handling the additional demand that would be imposed upon it in the event the special use permit was issued thereunder;
(9) 
Stairways leading to any floor or story above the first floor shall be located within the walls of the building. Any fire escapes, when required, shall be located on the rear wall in preference to either side wall. In no instance shall a fire escape be located on any wall fronting on a street;
(10) 
The requirement for site plan approval for special permits shall not apply to special permits under this Subsection B unless the accessory apartment is proposed to be located in a detached structure;
(11) 
All accessory structures which contain dwelling units must comply with the § 108-5.15, Schedule of Bulk Regulations; and
(12) 
The certificate of occupancy for the accessory apartment shall clearly identify such dwelling unit and its floor area.

§ 108-8.5 Decision.

The Planning Board may approve the application, approve it subject to modifications, or disapprove the application.
A. 
Decision. Any decision by the Planning Board to grant or deny a special use permit shall include either a negative declaration of environmental significance or a written findings statement consistent with the requirements of SEQRA. In making its decision, the Planning Board shall be guided by the statement of policies, principles and guides set forth in the Greenway Connections. In addition, it shall contain a statement of its findings regarding the appropriateness of the use so authorized and the conditions required in the special use permit, or its reasons for denial. In granting any approval, the Planning Board shall impose any conditions that may be necessary to ensure that the proposed use will be compatible with its surroundings.
[Amended 8-24-2009 by L.L. No. 2-2009]
B. 
Filing. Within five business days from the date of adoption of a resolution approving the special use permit, the Chairman or other duly authorized member of the Planning Board shall cause a copy of such resolution to be filed in the Office of the Town Clerk with an additional copy of such resolution delivered to the Zoning Administrator.
C. 
Conditions. The Planning Board shall attach to the special use permit such conditions and restrictions as are deemed necessary. Upon its granting of said special use permit, any such conditions must be met in connection with the issuance of permits by applicable enforcement agents or officers of the Town.
D. 
Expiration. A special use permit shall be deemed to authorize only the particular use or uses specified in such permit and shall expire if:
(1) 
A certificate of occupancy is not issued within two years from the date of approval of such special use permit;
(2) 
The certificate of occupancy is revoked for any reason;
(3) 
The authorized use or uses shall cease for more than one year for any reason; or
(4) 
The required improvements are not maintained and all conditions and standards complied with throughout the duration of the use.
E. 
Revocation. In accordance with the provisions of Article 32, a special use permit may be revoked.

§ 108-9 ARTICLE 9: SITE PLAN APPROVAL

§ 108-9.1 Authorization.

Pursuant to § 274-a of the Town Law, the Planning Board shall review and approve, approve with modifications or disapprove site plans prepared to the specifications set forth herein showing the arrangement, layout and design of the proposed physical improvements necessary for the use of the land on said plan.

§ 108-9.2 Purpose and applicability.

A. 
Purpose. The purpose of this article is to establish a clear and expedient method for review of the elements that constitute the physical improvements necessary for those proposed uses of land and structures which have been identified in this chapter as necessary for the purposes established in Article 1.
(1) 
Requirements applying to particular elements of a site plan are located in § 108-4.5, Site development standards.
(2) 
Standards for consideration by the Planning Board in reviewing elements of a site plan are located in Article 5, District Regulations and Standards.
(3) 
Site development review shall be required only after a project has been granted a special use permit for which site plan approval is a condition or when the site development regulations for a permitted use require the Planning Board's approval in regard to any optional site development elements that the applicant may wish to pursue. The particular elements, degree of documentation and parameters of discretion shall be established in the special use permit and the presubmission conference. All uses and the applicable scale and density shall be established as permitted prior to any review under this article. The dimensional and physical regulations and restrictions subject to approval by the Planning Board shall be the only matters considered in site development review.
[Amended 8-24-2009 by L.L. No. 2-2009]
B. 
Applicability. No building permit shall be issued for the construction of any physical improvement on any lot for which site plan approval is required under this chapter until the Planning Board has approved, or approved with modifications, a site plan for such improvement. Site plan approval is required for:
(1) 
Any use requiring a special use permit or site plan approval as specified in § 108-5.14, Schedule of Use Regulations.
(2) 
Any storage of petroleum in underground tanks.
(3) 
Any off-street loading area. See § 108-4.5A(1).
(4) 
Any new use or construction, other than maintenance and repair, which is visible outside of the structure or visible from the interior of a structure which is in an historic overlay or scenic overlay as specified in § 108-3.1.2A and B or within the view of or from the Hudson River. This includes a use on a lot containing a place listed on the National or State Register of Historic Places or on an adjoining lot or on a lot directly across the street from such lot. Also refer to §§ 108-4.6 and 108-4.7.
(5) 
Any unenclosed storage occupying more than 1,500 square feet of ground area.
C. 
Certificate of occupancy. The Zoning Administrator shall ensure that any proposed element of site development that requires site plan approval under this chapter obtains such approval prior to issuing any certificate of occupancy for the use dependent on such element.
D. 
Elements. Any site plan shall fully describe the arrangement, layout and design of all the elements applicable to the proposed use, including:
(1) 
Any physical improvements, including: parking; means of access; screening; signs; landscaping; the architectural features, location and dimensions of buildings; adjacent land uses; and features meant to protect adjacent land uses.
(2) 
Those physical improvements necessary for:
(a) 
Infrastructure for purposes of ensuring and facilitating the adequate provision of water, sewer and storm drainage to the proposed development and the adjacent existing and future developments;
(b) 
Vehicular and pedestrian circulation to and from adjacent lots;
(c) 
Stormwater drainage to and from adjacent lots, including street and highway rights-of-way;
(d) 
Vehicular corridor improvements and definition; and
(e) 
Any additional elements specified by the Planning Board as a condition of a special use permit.
E. 
Approval. If an approved site plan requires the construction or installation of infrastructure and improvements as a condition of the final site plan process, those improvements must be done in strict accordance with the approved site plan documents.
F. 
Phasing. If a site plan is proposed to be built in phases, all phases of the project shall be shown on a master plan for the project, which will be the proposed action subject to environmental assessment under SEQRA. All perimeter landscaping shall be included in phase one. However, the Planning Board shall only approve the phase or phases in its site plan approval that can be commenced in one year and entirely completed in two years as required by § 108-9.6A. Subsequent phases will require an application for approval of site plan amendment.
[Added 8-24-2009 by L.L. No. 2-2009]

§ 108-9.3 Procedure.

A. 
Application. Application for site plan approval or amendment to a previously approved site plan shall be made in the form and manner specified in Article 30, together with the fee set forth in the fee schedule adopted by the Town Board.
B. 
Referral. If an agency response is not included in the documentation and has not been received by the Secretary to the Planning Board within the requisite thirty-day period, the Planning Board may act on the application without such report.
C. 
SEQRA.
(1) 
Any use requiring site plan approval shall be deemed to be either a Type 1 or unlisted action. If there is any other involved agency, the action shall undergo coordinated review.
(2) 
An application for a site plan approval shall not be deemed complete until the lead agency has adopted a finding of no significant adverse environmental impact (negative declaration) or until a DEIS has been accepted by the lead agency as satisfactory with respect to scope, content and adequacy.
D. 
Presubmission conference.
(1) 
The purpose of any presubmission conference shall be:
(a) 
To fully identify the physical and dimensional requirements of the proposed use;
(b) 
To complete Part 2 of the full environmental assessment form (EAF) for any Type 1 application; and
(c) 
To establish those elements of § 108-9.4 that shall be required for site plan review.
(2) 
Any presubmission conference shall be held during a workshop meeting of the Planning Board and attended by the applicant, his professional representative and the Zoning Administrator; such a conference may be held outside the workshop meeting at the discretion of the Planning Board.
(3) 
Within six months following a Planning Board presubmission conference, the applicant shall prepare an administratively complete application for site plan review and submit such application to the Zoning Administrator. If such application is not submitted within this six-month period, an additional presubmission conference shall be arranged.
E. 
Site plan review.
(1) 
The Planning Board shall hold a public hearing on any site plan review.
(a) 
Such hearing shall take place within 62 days from the date that the Planning Board receives a complete application for site plan review.
(b) 
The Planning Board shall mail notice of said hearing to the applicant and to the owners of the properties within 150 feet of all property lines of the proposed site plan at least 10 days before said hearing and shall give public notice of said hearing in a newspaper of general circulation in the Town at least five days prior to the date thereof.
[1] 
Such public hearing may include any SEQRA public hearing; and
[2] 
Such notice shall not be required for the continuation of any such public hearing.
(c) 
Such notice shall contain an agricultural data statement, if required by § 283-a of the Town Law.
(d) 
At least 10 days before such hearing, the Planning Board shall mail notices thereof to the Dutchess County Planning Department as required by § 239-m of the General Municipal Law.
(2) 
No decision shall be made prior to full compliance with the SEQRA regulations as codified in 6 NYCRR Part 617.
(3) 
The Planning Board shall have the authority to impose such reasonable conditions and restrictions as are directly related to and incidental to a proposed site plan. Upon its approval of said site plan, any such conditions shall be met in connection with the issuance of permits by applicable enforcement agents or officers of the Town.
[Amended 8-24-2009 by L.L. No. 2-2009]
(a) 
The Planning Board may require all approvals from any involved local, county, state or federal agency to be submitted in writing to the Planning Board before site plan approval is granted.
(b) 
The acceptance of a letter of credit or other equivalent security as an alternative to the installation of infrastructure and improvements prior to approval by the Planning Board shall be tied to those elements and portions of elements identified in the standards contained in § 108-9.5.
(4) 
Within five business days after a decision is rendered, the decision shall be filed in the office of the Town Clerk and a copy thereof mailed to the applicant.
(a) 
The decision of the Planning Board shall be recorded in accordance with the standard forms adopted by the Planning Board and shall fully set forth the circumstances of the case.
(b) 
A complete record of the findings on which the decision is based, consistent with the Town's record management program, shall be filed with the Town Clerk.
(c) 
No site plan approval shall be considered final until it is signed by an authorized officer of the Board. If the site plan is conditionally approved, the Planning Board shall empower a duly authorized officer to sign the plan, subject to completion of such requirements as may be stated in the resolution conditionally approving the plan and authorizing such signature. Upon completion of such requirements, the final site plan shall be signed by the duly authorized officer of the Planning Board. Conditional approval of the final site plan shall expire 180 days after the date of the resolution granting conditional approval, unless such requirements have been certified as completed. The Planning Board may extend the time in which a conditionally approved site plan must be submitted for signature if, in its opinion, such extension is warranted by the particular circumstances thereof, for not to exceed two additional periods of 90 days each.
[Added 8-24-2009 by L.L. No. 2-2009]
F. 
Reservation of parkland. Before the Planning Board may approve any site plan containing residential units, such site plan shall also show, when required by such Board, a park or parks suitably located for playground or other recreational purposes.
(1) 
The Planning Board shall not require land for park, playground or other recreational purposes until it has made a finding that a proper case exists for requiring such a park or parks. Such a finding shall include an evaluation of the present and future needs for park and recreational facilities in the Town based on the projected population growth to which the particular site plan will contribute. Such findings shall include supporting documentation from the Recreation Commission and shall provide an individualized determination that such required dedication or reservation is related both in nature and extent to the impact of the proposed site plan.
(2) 
In the event the Planning Board makes a finding pursuant to the preceding subsection that the proposed site plan presents a proper case for requiring a park or parks suitably located for playgrounds or other recreational purpose, but that a suitable park or parks of adequate size to meet the requirement cannot be properly located on such site plan, the Planning Board may require a sum of money in lieu thereof, in the amount established in the current schedule of fees adopted from time to time by the Town Board. In making such determination of suitability, the Board shall assess the size and suitability of lands shown in the site plan that could be possible locations for park or recreational facilities, as well as practical factors, including whether there is a need for additional facilities in the immediate neighborhood. Any monies required by the Planning Board in lieu of land for park, playground or other recreational purposes, pursuant to the provisions of this section, shall be deposited in the Town of Hyde Park Recreation Trust Fund to be used by the Town exclusively for park, playground or other recreational purposes, including the acquisition of property. In the event the Planning Board makes a finding pursuant to the preceding subsection that the proposed site plan presents a proper case for requiring a park or parks suitably located for playgrounds or other recreational purpose, but that a suitable park or parks of adequate size to meet the requirement cannot be properly located on such site plan, the Planning Board may require a sum of money in lieu thereof, in the amount established in the current schedule of fees adopted from time to time by the Town Board. In making such determination of suitability, the Board shall assess the size and suitability of lands shown in the site plan that could be possible locations for park or recreational facilities, as well as practical factors, including whether there is a need for additional facilities in the immediate neighborhood. Any monies required by the Planning Board in lieu of land for park, playground or other recreational purposes, pursuant to the provisions of this section, shall be deposited in the Town of Hyde Park Recreation Trust Fund to be used by the Town exclusively for park, playground or other recreational purposes, including the acquisition of property.
(3) 
Notwithstanding the foregoing provisions, if the land included in a site plan under review is a portion of a subdivision plat which has been reviewed and approved pursuant to § 276 of the Town Law, the Planning Board shall credit the applicant with any land set aside or money donated in lieu thereof under such subdivision approval. In the event of resubdivision of such plat, nothing shall preclude the additional reservation of parkland or money donated in lieu thereof.
G. 
Area variance. Where a proposed site plan contains one or more features that do not comply with this chapter, application may be made to the Zoning Board of Appeals for an area variance pursuant to Article 33 of this chapter without the necessity of a decision of the Zoning Administrator. In reviewing such application, the Planning Board shall provide a written recommendation concerning the proposed variance to the Zoning Board of Appeals.
(1) 
Such application shall be made part of the application for such site plan approval.
(2) 
The fee for such application shall be in addition to that required for said site plan approval.
H. 
Financial security. The Planning Board shall require a letter of credit or other equivalent security sufficient to cover the cost of installation of the required infrastructure and improvements as estimated by the Planning Board on the recommendation of the Town Engineer.

§ 108-9.4 Site plan elements.

Each of the following elements shall be included in any site plan submitted for approval under this article.
A. 
Existing conditions. Any site plan shall describe the existing conditions of the lot. The following documentation of existing conditions shall be prepared by a land surveyor, licensed professional engineer, landscape architect or other qualified consultant:
(1) 
A certified boundary description of the lot for which any use is proposed, identifying all metes and bounds, referenced to the state system of plan coordinates established by Chapter 545, Laws of 1938, and to Hyde Park reference points. Such description shall also identify:
(a) 
The soils present on any lot proposed for a residential use to be served by individual sewage disposal systems;
(b) 
Any significant natural area, as identified in § 108-4.3G, on or adjacent to such lot;
(c) 
Any Historic District, area, place or asset, as identified in § 108-4.6, on or adjacent to such lot; and
(d) 
Any scenic district or road, as identified in § 108-4.7, on or adjacent to such lot.
(2) 
A topographic survey identifying each of the following physical characteristics of the lot:
(a) 
Any wetland or stream within the boundary of such lot and any woodland, rock outcrop, ridgeline, viewshed or pond within the proposed construction limit lines or within 200 feet of any such limit line.
[Amended 8-24-2009 by L.L. No. 2-2009]
(b) 
Any isolated tree having a diameter of 18 inches or more, as measured 12 inches above the base of the trunk, within the proposed construction limit lines or within 50 feet of any such limit line.
(c) 
Any other significant natural feature within the proposed construction limit lines or within 50 feet of any such line.
(d) 
Any area of special flood hazard, as regulated by Chapter 60 of this Code, that is within the proposed construction limit lines or within 200 feet of any such line.
(e) 
Any difference in grade elevation greater than two feet within the proposed construction limit lines and extending 50 feet therefrom. Such difference shall be described, utilizing contour lines, at a vertical interval of two feet and/or spot elevations, based on a current North American vertical datum, or any other vertical datum acceptable to the Town Engineer.
(f) 
Any impervious surface within the boundary of such lot, with finish grade elevations sufficient to describe the drainage direction and slope of such surface. The area and use of each impervious surface shall be noted on such survey.
(g) 
Any sewage disposal system or stormwater drainage system within the boundary of such lot, with sufficient size and elevation data to determine the flow characteristics of each such system.
(h) 
Any structure on, or within 50 feet of, the boundary of such lot, identifying the location, grade level perimeter and height of such structure;
(i) 
Any building within the boundary of such lot, identifying the first-floor elevation and total floor area of such building; and
(j) 
Any utility, well or culvert within the boundary of such lot, identifying the location and size of such utility, well or culvert.
(3) 
All of the following legal information, as filed and recorded, applicable to such lot:
(a) 
The name of any property owner having a property line in common with such lot;
(b) 
Any deed restriction or covenant applicable to such lot; and
(c) 
Any right-of-way, easements, takings or similar agreement, not physically evident, applicable to such lot.
(4) 
All real estate information applicable to the lot so bounded and described, as currently recorded and published on the latest Tax Map for the Town:
(a) 
The tax section, map and lot number of any lot bordering or within 500 feet of such lot;
(b) 
Any street, highway, easement, or other public way within 500 feet of the boundary of such lot, described by name and location; and
(c) 
Any school, fire, and special improvement district boundaries within 500 feet of the boundary of such lot, described by name and location.
(5) 
All land use information applicable to the lot so bounded and described:
(a) 
Any planned street, highway, park or public open space as shown on the official map, described by reference and location;
(b) 
The zoning district, use regulations and bulk regulations, described by notation; and
(c) 
Any existing use within the boundary of such lot.
(6) 
A location map, at a scale of one inch equals 2,000 feet, indicating the relationship of the lot to its surroundings within one mile of the site.
B. 
Site plan. Any site plan shall consider the location, extent and type of physical improvements necessary for the site plan elements required under this chapter or as otherwise proposed, and shall fully fix and describe such improvements. Based on the documentation of existing conditions above, the following documentation of site plan shall be prepared by an architect, professional engineer, land surveyor, landscape architect or other qualified professional:
(1) 
General. A fully dimensioned and labeled plan of the lot, bounded and described in Subsection A(1) above shall be submitted as part of the site plan review application. Such plan shall include each of the site plan elements to the degree established during the presubmission conference and shall fix and describe:
(a) 
Construction limit lines that fully enclose and define that portion of the lot where all proposed construction or disturbance of existing conditions is intended;
(b) 
The location, extent and duration of any temporary measures and structures to be utilized during construction, including erosion control measures;
(c) 
Any change in finish grade elevation within the construction limit lines, including:
[1] 
Any change in existing finish grade described by location to scale, dimension, material, contours and/or spot elevations, and detail; and
[2] 
Any grade revision shall be clearly distinguished from existing conditions utilizing contours and spot elevations tied to such existing grade conditions.
(d) 
The location, width and purpose of all proposed easements, setbacks, reservations and areas dedicated to, or proposed to be dedicated to, public use within the project construction limit lines;
(e) 
The location, perimeter and gradient of all impervious surfaces, including profiles for all streets or other public ways included in the scope of work;
(f) 
Typical construction cross-sections of all curbs, walks, plantings, lighting and other site plan structures clearly establishing all vertical elevations and heights;
(g) 
Any new or modified sanitary sewer collection and disposal system, water supply and distribution system, or stormwater collection and disposal system;
(h) 
Any flood-control devices or measures;
(i) 
Any stormwater management measures;
(j) 
Any solid waste storage or disposal measures;
(k) 
Any fire protection system from the point of connection to each building, including all piping, hydrants, stand pipes, storage and pumping devices;
(l) 
Any gas service distribution from the point of utility connection to each building;
(m) 
Any electric service distribution from the point of utility connection to each structure, including:
[1] 
Complete specifications and details for any site lighting system, public address system, or alarm system audible device;
[2] 
Location of all electric lighting fixtures, poles, devices, feeders and structures; and
[3] 
Lighting distribution and intensity characteristics of any site lighting system provided for safety, security or aesthetic reasons; and
(n) 
Any communications system from the system connection to each structure, including any on-site antennas.
(2) 
Parking. Such plan shall include the following documentation as to the extent and type of physical improvements necessary to provide parking, identifying:
(a) 
Any curbing, described by location to scale, dimension, material and detail;
(b) 
Any stormwater drainage system, described by location to scale, size, elevation and gradient, of the component parts of such system;
(c) 
Any parking space, aisle, driveway or vehicular circulation, described by location to scale, and dimension;
(d) 
Any parking accessories such as guardrails, gates, fences or similar devices, described by location to scale, function, material, dimension and detail.
(e) 
Any electric pole, device, feeder or structure, described by location symbol, height, materials and installation;
(f) 
Any lighting device, described by location symbol, support, size, light distribution, illumination level, materials, and finish; and
(g) 
Details to scale, sufficient to fully fix and describe the construction and impact of:
[1] 
Any pavement and other impervious surface, establishing: materials, thickness, markings, texture and slope;
[2] 
Any curb, curb-ramp, wheel-stop or edging, establishing: materials, size, and attachment;
[3] 
Any drainage structure, culvert, swale or pond, establishing materials, size, gradient and installation; and
[4] 
Any lighting fixture, establishing height, size, power, illumination level, light distribution and finish.
(3) 
Means of access. Such plan shall include documentation of the location, extent and type of physical improvements necessary to provide the vehicular and pedestrian access, identifying:
(a) 
Any vehicular access and circulation, described by location to scale, dimension, materials, and detail:
[1] 
Proposed vehicular access to the lot clearly identifying all necessary interfacing with the external circulation system; and
[2] 
Components of the internal vehicular circulation system.
(b) 
Any pedestrian access and circulation, described by location to scale, dimension, materials, and detail:
[1] 
Pedestrian access to the lot, clearly identifying all necessary interconnections with the existing external pedestrian circulation systems;
[2] 
Internal pedestrian circulation system fully describing all sidewalks, patios, terraces and any other impervious surface used for pedestrian circulation;
[3] 
Access to buildings or other structures included in the proposed use.
(c) 
Details to scale, sufficient to fully fix and describe the construction and impact of:
[1] 
Any pavement and other impervious surface, establishing materials, thickness, markings, surface texture and slope;
[2] 
Any ramp, stair, railing, wall, fence or edging, establishing materials, height, texture, and slope;
[3] 
Any drainage system, establishing collection and discharge conductors, structures, culverts, swales and ponds;
[4] 
Any walkway, establishing finish, markings, textures, gradient and cross slope;
[5] 
Any light poles, establishing support, height, size, and finish.
(4) 
Screening. Such plan shall include documentation of the location, extent and type of physical improvements necessary to provide screening to buffer impact on adjoining land uses, identifying:
(a) 
Any walls, fences or similar structures, described by location to scale, dimension, materials, and detail;
(b) 
Any plantings, described by location symbol and reference to landscaping elements required by § 108-4.5E of this chapter;
(c) 
Any screenings of refuse storage, described by location to scale, dimension, materials, and detail;
(d) 
Any screening shall identify its purpose.
(5) 
Signs. Such plan shall include documentation of the location, extent and type of physical improvements necessary to provide signs, identifying:
(a) 
Any sign, lighting device or site amenity, described by location to scale, dimension, materials, and detail.
(b) 
Details to scale, sufficient to fully fix and describe the construction and impact of:
[1] 
Any sign, establishing area, height, support, content, illumination and finish;
[2] 
Any sign, identifying color pallet, setting and density.
(6) 
Landscaping. Such plan shall include documentation of the location, extent and type of physical improvements necessary to provide landscaping, identifying:
(a) 
Any landscape material or structure required under the provisions of § 108-4.5E, Landscaping standards.
(b) 
All landscape fixtures and appointments intended to be provided.
(7) 
Architectural features, location and dimensions of buildings. Such plan shall include documentation of the location, extent and type of physical improvements related to any building or other structure, identifying:
(a) 
Any structure, described by location to scale, dimension, material and detail, including:
[1] 
The grade-level perimeter of all structures with the vertical elevation of all entrances and finished floors related to the existing grade conditions; and
[2] 
Elevation views of all structures with dimensioned height above grade, openings, finish materials, detailing and ornamentation.
(b) 
Any building shall also be described by location to scale, dimension, materials and detail, including:
[1] 
The fenestration and ornamentation, establishing: materials, size, texture and scale; and
[2] 
The total floor area included establishing gross square footage of use, type of occupancy, fire hazard classification, construction classification, capacity in persons, and function.
(8) 
Physical features meant to protect adjacent land uses. Such plan shall include documentation of the location, extent and type of physical improvements necessary to mitigate the demonstrated impact on adjacent land uses required by this chapter, identifying:
(a) 
Any open space, described by location to scale, dimension, including any proposed permanent open space as provided in § 96-9E of this Code;
(b) 
Any stormwater drainage.
(9) 
Infrastructure. Such plan shall include documentation of the location, extent and type of physical improvements related to any water or sewer system, identifying:
(a) 
The water source, storage (if provided) and distribution system, described by location to scale, dimension, material and detail; and
(b) 
The sewage collection, treatment (if provided), and discharge system, described by location to scale, gradient, dimension, material, and detail.
(10) 
Other elements. Such plan shall fix and describe any other element that:
(a) 
Has been identified in a special use permit as being required; or
(b) 
Has been identified in a special use permit as an acceptable alternative for mitigation of a potential adverse impact identified therein.
C. 
Exceptions.
(1) 
For minor site development plans or in other appropriate circumstances as determined by the Planning Board, the Planning Board may waive the provision of any items of information listed in this section.
(2) 
In the case of a use conversion which does not require additional construction or site modifications, or in the case of minor changes in existing conditions requiring a building permit, the Planning Board may determine that the site plan procedures outlined in this article are not applicable and may be waived. This determination shall be made by the Planning Board after receipt of a recommendation from the Zoning Administrator.
(3) 
At the request of the Planning Board, any other pertinent information as may be reasonably required or necessary to determine and provide for the proper enforcement of specific provisions of this chapter shall also be provided.

§ 108-9.5 Standards.

A. 
General. In reviewing any application for site plan approval, the Planning Board shall consider the following standards:
(1) 
The standards in the bulk and site development regulations contained in Article 4 of this chapter;
(2) 
The standards contained in Article 5 of this chapter for the particular district; and
(3) 
The applicable regulations of other chapters of this Code as they may modify or otherwise limit Planning Board discretion under this chapter.
B. 
Planning Board review and approval of any site plan shall ensure that such site plan is in conformance with all of the applicable regulations and standards of this chapter.

§ 108-9.6 Revocation and expiration of site plan approval.

A. 
An approved site plan shall be void and the building permits, if any, shall be revoked if substantial construction is not started within one year and the entire project or approved phase is not completed within two years of signing of the site plan or site plan amendment by an authorized officer of the Planning Board.
[Amended 8-24-2009 by L.L. No. 2-2009]
B. 
The Planning Board may, at its discretion, after conducting a public hearing, grant an extension to an approved site plan. The applicant shall submit a written request 30 days prior to the site plan date of expiration, requesting an extension for a specified time and the reason therefor. In granting the extension, the Planning Board may require revision of the previously approved site plan to comply with current regulations and conditions.
C. 
The Planning Board shall render a decision, in writing, to the applicant and the other appropriate agencies within 45 days of closing the public hearing; provided, however, that the time within which the Planning Board must render its decision may be extended by mutual consent of the applicant and the Planning Board.
D. 
Any previously approved site plan, including a conditionally approved site plan, whether or not the conditions have been satisfied, shall be completed within three years of the date of adoption of this chapter (September 8, 2005) or it shall be subject to the requirements of this chapter.
[Amended 8-24-2009 by L.L. No. 2-2009]

§ 108-10 through § 108-19. (Reserved)

§ 108-20 ARTICLE 20: HOME OCCUPATIONS

§ 108-20.1 Purpose.

The purpose of this article is to provide an opportunity for home occupations with reasonable consideration as to the character of each district and its particular suitability for home occupation use and with a view to conserving the value of buildings and encouraging the most appropriate use of land.

§ 108-20.2 Applicability; criteria for no-impact home occupations.

A. 
The provisions of this article shall apply to any use that conforms to "home occupation" as defined in Article 2 of this chapter.
B. 
A home occupation shall be permitted in all districts if it meets all of the following conditions: it does not encourage any customers or clients to enter or leave the premises; it is conducted entirely by members of the family occupying the dwelling unit; it has no exterior display, exterior storage of materials or other exterior evidence of any home occupation; it requires no exterior alteration, addition or change to the structure that would require a building permit in order to accommodate such use within such structure or accessory structure; and it does not occupy more than 30% of the total gross square feet of the residential structure. Such a home occupation does not require review by the Planning Board nor the Zoning Board of Appeals. A certificate of occupancy is not required. Such a use is deemed to be a "no-impact home occupation."
[Amended 8-24-2009 by L.L. No. 2-2009]

§ 108-20.3 Permit required for regulated home occupations.

A. 
Any home occupation, other than a no-impact home occupation, shall require a permit from the Zoning Administrator and a certificate of occupancy signed by both the Zoning Administrator and the Building Inspector and is deemed to be a regulated home occupation. A permit and a certificate of occupancy are issued only to the applicant and are not transferable to another person.
B. 
The Zoning Administrator shall issue the permit and the Building Inspector and the Zoning Administrator shall issue a certificate of occupancy upon finding that:
(1) 
The application is complete;
(2) 
The proposed use complies with the conditions and standards in this article;
(3) 
All requirements have been met; and
(4) 
All required fees have been paid.

§ 108-20.4 Conditions and standards.

A. 
Conditions. Any regulated home occupation shall meet all of the following conditions:
(1) 
The portion of the dwelling unit or accessory structure that is used for the home occupation shall have a currently valid certificate of occupancy. If a certificate of occupancy cannot be obtained because of the age of the building, the property and the building must not have any violations of the applicable requirements on record.
(2) 
The person conducting the home occupation shall reside on the premises more than 60% of the year.
(3) 
The home occupation shall be conducted wholly within an area not more than 30% of the gross square feet of the residential structure, or 600 square feet, whichever is less.
[Amended 8-24-2009 by L.L. No. 2-2009]
(4) 
The home occupation shall employ no more than two persons who are not resident in the dwelling unit.
(5) 
The portion of the dwelling unit or accessory structure used for the home occupation shall comply with 19 NYCRR, and be certified by the Building Inspector and/or a licensed professional.
(6) 
The building construction classification and fire separations for the structure shall comply with the requirements of Chapter 57 of this Code for mixed use of residential and the applicable nonresidential use classification of such home occupation.
B. 
Standards. The Zoning Administrator shall apply the following standards to any application for a permit and the Building Inspector and the Zoning Administrator shall apply the following standards for a certificate of occupancy for a regulated home occupation:
(1) 
There shall be no exterior display, exterior storage of materials or other exterior evidence of any home occupation except for signs and off-street parking.
(2) 
The home occupation shall not produce any odor, noise, vibration, smoke, dust, heat, or glare that exceeds the average level in the immediate vicinity, and is detectable beyond the property line of such lot.
(3) 
The home occupation shall not use, store, produce or dispose of any hazardous material.
(4) 
The home occupation may sell or offer for sale only articles or products that are wholly produced, grown, created or assembled on the lot. Alternatively, the home occupation may also provide professional or repair services.
(5) 
The intensity of a regulated home occupation use shall be restricted to no more than 20 vehicle trips per week, or five per day, generated by customers, clients, delivery vehicles or sales representatives.
(6) 
Any regulated home occupation is subject to inspection by the Zoning Administrator and must pay an annual permit fee as established by the Town Board.

§ 108-21 ARTICLE 21: ADULT USES

§ 108-21.1 Purpose.

In the execution of this provision of the Hyde Park Code, it is recognized that there are some adult uses which, due to their very nature, have serious objectionable operational characteristics particularly when located in close proximity to residential neighborhoods and other sensitive land uses. The objectionable characteristics of these uses are further heightened by their concentration in any one area, thereby having deleterious effects on adjacent areas. It has been acknowledged by communities across the nation that state and local governments have a special concern in regulating the operation of such businesses under their jurisdiction, to ensure that these adverse secondary effects will neither contribute to the blighting or downgrading of adjacent neighborhoods nor endanger the well-being of the youth in their communities. The special regulations deemed necessary to control the undesirable secondary effects arising from these enterprises are set forth below. The primary purpose of these controls and regulations is to preserve the integrity and character of residential neighborhoods and important natural and human resources of the Town; to deter the spread of blight; and to protect minors from objectionable characteristics of these adult uses by restricting their proximity to churches, schools, nursery schools, day-care centers, educational institutions, parks, historic and scenic resources, civic and cultural facilities and residential areas.

§ 108-21.2 Restrictions.

A. 
Adult uses, as defined above in § 108-2.2 of this Code, are to be restricted in the following manner, in addition to any other requirements of the Code:
(1) 
Adult uses shall not be located within a five-hundred-foot radius of any district zoned for residential use. For measurement purposes, the distance between an adult use and any residential zoning district shall be measured in a straight line, without regard to intervening structures or objects, from the closest structural wall of such adult use to the boundary line of such residential district.
(2) 
Adult uses shall not be located within a one-thousand-five-hundred-foot radius of another adult use. For measurement purposes, the distance between adult uses shall be measured in a straight line, without regard to intervening structures or objects, from the closest structural wall of any adult use to the closest structural wall of any other adult use.
(3) 
Adult uses shall not be located within a five-hundred-foot radius of any school, nursery school, day-care center, educational institution, house of worship, park or playground, historic or scenic resource and civic or cultural facility. For measurement purposes, the distance between an adult use and other such named uses shall be measured in a straight line, without regard to intervening structures or objects, from the closest structural wall of such adult use to the closest property boundary of such school, nursery school, day-care center, educational institution, house of worship, park or playground, historic or scenic resource and civic or cultural facility.
(4) 
Not more than one adult use shall be located in the same building or upon the same lot or parcel of land.
(5) 
No loudspeakers or sound equipment that can be discerned by the public from public or semipublic areas shall be used for adult uses.
(6) 
Any signage associated with an adult use shall be subject to the standards and guidelines contained in Article 24 of this chapter.
(7) 
Adult uses are limited to the Town Center Historic District only.
B. 
Waivers. The restrictions enumerated in § 108-21.2A(1) through (4) above may be waived by the Town Zoning Board of Appeals if the applicant shows and the Board finds that the following conditions have been met in addition to the general standards contained in Articles 4 and 5 of this chapter:
(1) 
That the proposed use will not be contrary to the public interest or injurious to nearby properties, and that the spirit and intent of this Code will be observed.
(2) 
That the establishment of an additional use of this type in the area will not be contrary to any program of neighborhood conservation or improvement, either residential or nonresidential.
(3) 
That 51% or more of those persons residing, owning or operating a business within the restricted area as defined in § 108-21.2A(1) through (3) of this Code have signed a petition stating that they have no objection to the establishment of one of the uses defined above in § 108-2.2 of this Code.

§ 108-22 ARTICLE 22: PUBLIC UTILITY FACILITIES

§ 108-22.1 Purpose.

The primary purpose of these regulations and restrictions is to preserve the integrity and character of the Town's communities and to conserve important natural and human resources of the Town, including significant vistas and open space, while providing safe and efficient utility services to the residents and visitors in the Town.

§ 108-22.2 Applicability; fees.

A. 
The provisions of this article shall apply to any public utility facility as defined in Article 2 of this chapter.
B. 
Fees. Fees shall be as established in the current fee schedule adopted by the Town Board and shall include a special use permit application fee and, if appropriate, a certificate of occupancy fee.
C. 
All public utility facilities shall comply with all applicable provisions of this chapter and the additional requirements of this article.

§ 108-22.3 Special use permit required; certificate of occupancy.

All public utility facilities shall obtain a special use permit and, if appropriate, a certificate of occupancy. Applications for a special use permit and, if appropriate, a certificate of occupancy shall be made to the Zoning Administrator in accordance with the provisions of §§ 108-8.3 and 108-30.4, respectively.

§ 108-22.4 Standards and conditions.

A. 
In addition to the requirements of Article 4, the standards and guidelines contained in Article 5, and the permit standards of Article 8, any public utility facility shall comply with the following additional standards:
(1) 
The proposed installation in the specific location requested is necessary and convenient for the efficiency of the public utility system or the satisfactory and convenient provision of service by the utility to the community or the area in which the particular use is to be located.
(2) 
The design of any building in connection with such facility conforms to the general character of the area and will not adversely affect the safe and comfortable enjoyment of property in the area in which the particular use is to be located.
(3) 
Adequate and visually attractive fencing, barriers or other safety devices will be provided to minimize any risk to pedestrians, including children.
(4) 
All buildings and structures to be used as part of the facility will comply with the scale and density requirements, if any, for the district in which the proposed facility is to be located.
B. 
In granting a special use permit for a public utility facility, the Planning Board shall impose such reasonable and appropriate conditions, restrictions and safeguards as it may deem necessary or desirable to promote the health, safety, morals and general welfare of the Town.

§ 108-23 ARTICLE 23: RESIDENTIAL CARE FACILITIES

§ 108-23.1 Applicability.

In addition to special use permit and site plan approval requirements, the applicant for a residential care facility shall comply with the requirements of this article.

§ 108-23.2 Supervision.

Every residential care facility shall provide qualified supervisory personnel on the premises 24 hours a day, seven days a week. Such personnel shall have sufficient education and experience and shall be present in sufficient numbers to meet all standards of any agency responsible for the licensing or regulation of the residential care facility.

§ 108-23.3 Other required approvals.

An applicant for a residential care facility shall demonstrate compliance with all applicable regulations, standards, and licensing requirements of public or private agencies.

§ 108-23.4 Required information for application.

An application for a special use permit for a residential care facility shall satisfy the submission requirements of Article 30 and shall also include the following:
A. 
A list of all agencies which must license or otherwise approve the establishment of operation of the facility.
B. 
A list of regulations established by the public or private agencies listed in the preceding subsection.
C. 
Copies of applications submitted to the agencies.
D. 
A written statement explaining the status of such applications stating any facts known to the applicant which might result in the denial or delay of any required approval.
E. 
A written statement addressing the requirements of § 108-23.2 and demonstrating that the facility will comply with applicable regulations of licensing agencies and state law relating to minimum required floor area, bathroom facilities, and open space.
F. 
A map identifying the location of all other residential care facilities in the Town at the time of the special permit application.

§ 108-23.5 Required findings.

In making its determination upon a special use permit for a residential care facility, the Planning Board shall, in addition to making the findings required by Article 8, make the following specific findings:
A. 
That the proposed facility, given its unique nature, will not have a substantial or undue adverse effect upon adjacent property, the character of the neighborhood, parking, utility facilities, and other matters affecting public health, safety, and general welfare.
B. 
That the proposed facility will be provided with or have ready access to facilities and services necessary and appropriate to the needs of its residents for active and passive recreation, medical care, education, cultural and religious activities, and public transportation.
C. 
That the proposed facility will not generate a level of traffic which would be burdensome to the neighborhood, considering the number of visitors its residents may expect, truck delivery and loading requirements, and the availability and nature of public or private transportation.
D. 
That the proposed facility will not result in an undue concentration of residential care facilities in the Town of Hyde Park or in the neighborhood of the proposed facility.
E. 
That the decision made by the Planning Board represents a reasonable accommodation to the needs of persons protected under the Federal Fair Housing Act, if applicable.

§ 108-24 ARTICLE 24: SIGNS

[Amended 8-24-2009 by L.L. No. 2-2009]

§ 108-24.1 Purpose.

The purposes of this article are to protect the Town's visual environment, create attractive streetscapes, promote a vibrant business community, promote pedestrian and vehicular safety, preserve the Town's heritage as an historic area, and complement the scenic and natural beauty of the community.

§ 108-24.2 General sign regulations.

A. 
Applicability; permits; content.
(1) 
Signs are permitted only as an accessory to a permitted use on a lot.
(2) 
Unless exempted under § 108-24.5, all signs are subject to regulation under this chapter.
(3) 
Prior to construction, all new regulated signs must obtain a sign permit; provided, however, that if signs are proposed in connection with any special permit or site plan application, such signs shall be reviewed and approved under applicable criteria for the permitted uses and shall not require a separate sign permit or building permit if constructed pursuant to an approved plan.
(4) 
The Zoning Administrator is authorized to issue permits for temporary signs where approved permanent signs have not yet been received by an applicant.
(5) 
Each place of business or commercial activity may display signs consisting of the business name, name of the business owner, information lines (excluding any pricing information, except for gas stations) and/or a pictograph of the business activity conducted on the premises.
B. 
Location and maintenance.
(1) 
No sign shall be erected, constructed, or maintained in a manner that obstructs traffic movement or visibility or causes any hazard to motor vehicle or pedestrian safety.
(2) 
No sign shall be placed, painted, or drawn on utility poles, bridges, culverts, or other road or utility structures or signposts, or on trees, rocks, or other natural features, except that signs not exceeding one square foot posting property boundaries may be placed on trees. No signs shall be placed on municipally owned property without the permission of the Town Board.
(3) 
No freestanding sign shall be located so that any part of the sign or its supporting structure is less than: (a) 10 feet from the street curbing; (b) 10 feet from the paved portion of any street or highway if no curbing exists; or (c) 15 feet from the fog line if the road contains a fog line. In addition, no freestanding sign or its supporting structure shall be located less than 20 feet from the point where two or more streets or highways intersect, as measured at the nearest edge of curbing, or, if no curbing exists, the paved portion of the street or highway. In no case shall a freestanding sign be erected within the street or highway right-of-way.
(4) 
All signs shall be kept in good repair. Painted surfaces shall be kept neatly painted at all times.
C. 
Sign area and height. The area occupied by all of the following signs, including exempt signs, shall be included in the calculation of total sign area allowance:
(1) 
Commercial signs not in shopping centers.
(a) 
Maximum cumulative sign area per building and per lot. The cumulative sign area of all signs for a business shall not exceed one square foot for each lineal foot of the portion of the front of the building occupied by a business with a separate external entry, provided that the cumulative sign area per lot of all signs per business shall not exceed 100 square feet. Each business shall be allowed at least 20 square feet of sign area.
(b) 
Freestanding signs. Individual freestanding signs shall not exceed 30 square feet in sign area per face and seven feet in height measured from finished grade. Essential supporting framework, such as brackets, posts and standards, shall not be included in sign area calculations. Decorative elements, not including text, may exist above seven feet but shall not exceed eight feet in height. Any illuminated decorative embellishments shall, however, be included in calculating sign area. Except for gas stations, freestanding signs shall not display pricing information.
(c) 
Projecting signs. Projecting signs shall not exceed 12 square feet in area per face and shall not project more than four feet from the side of the building. When suspended over a pedestrian walkway such as a sidewalk or entranceway, the bottom of such signs shall be no lower than eight feet and no higher than 12 feet above the finished grade.
(d) 
Wall-mounted signs. Wall-mounted signs shall not exceed 32 square feet, extend more than one foot from the surface of the wall, cover more than 10% of the front surface of a building, cover a window, obscure architectural detailing, interrupt a roof line, or be placed on the roof of a structure. There shall be no more than two wall signs per business with a separate external entry and no more than one wall sign per exterior wall of such business.
(e) 
Window signs. Signs placed in windows shall not cover more than 25% of the window area and shall not exceed six square feet per window.
(f) 
Awning or canopy signs. The valance portion of an awning or canopy may be used as a sign, with a maximum of 12 square feet of sign area. The bottom of the awning or canopy shall be at least eight feet above the finished grade.
(g) 
Motor vehicle sales signs. Each motor vehicle for sale is permitted one sign, with an area of one square foot. Such motor vehicles shall have no other advertising or devices, including flags and pennants to attract attention. See § 108-24.4E.
(h) 
Real estate development signs. Notwithstanding the above, any real estate development, subdivision or apartment complex shall be allowed no more than two identification signs, which shall be no larger than 24 square feet in sign area per face.
(2) 
Commercial signs within shopping centers.
(a) 
One freestanding sign, not to exceed 60 square feet in sign area per face and seven feet in height measured from finished grade, is permitted per shopping center. Decorative elements, not including text, may exist above seven feet but shall not exceed eight feet in height. Such sign may include panels for individual businesses within the shopping center and shall have no more than two faces. At the discretion of the Planning Board, one additional freestanding sign may be permitted, provided there is an additional entry point and provided that such sign is located at the additional entry point and not less than 150 feet from the other entry. The second sign shall be limited to 40 square feet in sign area per face and seven feet in height. No pricing information shall be displayed on the freestanding sign.
(b) 
In addition, each separate business within the center with a separate external entry may erect no more than two wall signs. Such signs shall be restricted to the name and logo of the business, information lines (excluding pricing) and/or pictograph indicating the nature of the business. The size of such signs shall be no more than one square foot for each lineal foot of the individual store front occupied by such business, but in no case shall the total area of such signs exceed 100 square feet for each such business.
(c) 
One sign, not exceeding two square feet in area per face, may be hung under the walkway canopy to identify each store entrance. Such sign shall be hung perpendicular to the storefront and shall not be placed on the outer edge of the canopy.
(d) 
At the discretion of the Planning Board, one single-faced, free-standing sign for a fueling facility, including gasoline prices, is permitted per shopping center, compatible in all design elements with the directory sign and not exceeding 10 square feet of sign area, five feet in height measured from finished grade, and eight inches in height or width of any letter, graphic, symbol or number.
[Added 12-21-2009 by L.L. No. 8-2009]
(3) 
Noncommercial signs.
(a) 
Not-for-profit organization signs. Signs customarily incidental to not-for-profit organizations shall be no more than two in number and shall not exceed 30 square feet in area per sign face. If located within a shopping center, not-for-profit signs shall be regulated by the rules applicable to signs within shopping centers.
(b) 
Safety signs. Signs necessary for the direction or safety of the public shall not exceed two square feet in total area per sign.
(c) 
Community service organization signs.
[1] 
Community service and national fraternal organizations wishing to display their trademarks or symbols shall cooperate with other such organizations to provide a common display. All such signs shall be on the same sign framework. Each symbol shall not exceed four square feet. The total sign display area shall not exceed 60 square feet.
[2] 
Such display signs must receive a permit pursuant to § 108-24.3. Regardless of the location of the sign, a recommendation from the Planning Board shall be required.
[3] 
No more than two community service and national fraternal organizational display signs are allowed in the Town. Such signs must be located at a boundary of the Town or at the entrance to any business district.
(4) 
Temporary signs. Unless exempt under § 108-24.5B, signs to be erected for short duration require sign permits which indicate the dates during which the signs may be displayed.
(a) 
Such signs shall not to exceed 20 square feet in total area.
(b) 
Such signs shall not be displayed by an activity or business for more than 60 days total in any one calendar year.
(c) 
Portable signs may be allowed with a permit, but are not to exceed placement for longer than 60 days total per year.
(d) 
No temporary lighting of temporary signs is permitted.
(e) 
No more than one temporary sign permit may be granted to or be in effect for an applicant at any one time.
D. 
Illumination.
(1) 
No illuminated sign or lighting device shall be placed or directed so that its light is directed or beamed toward a residence, or upon a public street, highway, sidewalk, or adjacent premises in a manner that causes glare or reflection sufficient to constitute a nuisance or a traffic hazard.
(2) 
All illuminating devices for signs, displays or display areas shall employ only lights emitting a light of constant intensity and focused down on the sign, display or display areas or be focused on the surface behind the letters to create a backlit, silhouetted effect of a single color. No illuminating device shall include any flashing, intermittent, rotating or moving light, excluding time-and-temperature signs and those advertising gasoline prices. Time-and-temperature and gasoline price signs must have a steady illumination of a constant single color. No illuminating device shall produce a luminance greater than 100 footcandles (100 lumens per square foot) when measured at the face of the sign. At the Planning Board's discretion, in individual cases where it determines a more appropriate scheme of illumination would be ground-lit, the source of the illumination must be completely shielded so that no portion of the light source is visible from a public or private path or roadway, year-round.
(3) 
Neon signs, where permitted under this article, shall be located only on the interior side of a window, unless a special permit is authorized under § 108-24.4B. Such signs shall emit a light of constant intensity. Neon signs are prohibited in the Greenbelt and Waterfront Districts.
(4) 
The illumination of any sign from all sources shall be no greater than that necessary for legibility by an average person at a distance of 100 feet when walking.
(5) 
For additional standards governing lighting, see § 108-4.5H(1).
E. 
Sign design manual. The Town Board may adopt a sign design manual, developed specifically for the Town or published for the general public or for another municipality. If such a sign design manual is adopted, it shall be incorporated by reference into this Code and shall be available for inspection and copying in the office of the Town Clerk or the office of the Zoning Administrator.
F. 
Aesthetics.
(1) 
All signs for a particular site shall be designed in accordance with a comprehensive signage plan in which the size, materials and color are appropriate to the dimensions and architectural details of the structure to which they are affixed or, in the case of freestanding signs, the structure(s) with which they are associated. Signs for any site shall have a design unity. Design unity may be achieved by such elements as coordinated font styles, coordinated colors, coordinated shapes or coordinated materials. Freestanding signs should be integrated with site landscaping where appropriate.
(2) 
The size and graphic content of any sign shall be appropriate for its intended audience. Signs that are meant to attract pedestrian interest shall be smaller than those meant to attract the interest of persons traveling in vehicles with local destinations, which in turn shall be smaller than those meant to address persons traveling in vehicles comprising through traffic.
(a) 
The maximum size of any symbol or graphic shall be 10 inches in any dimension. The Planning Board may in its discretion grant an additional inch in dimension for every 20 feet a wall sign for a business or structure is set back from its primary access roadway to a maximum of 24 inches, if it finds that the additional size is necessary or appropriate due to such circumstances as the sign's distance from the road, the design speed of the road or the size of the building on which the sign is placed; or that the symbol or graphic is of special aesthetic merit.
(b) 
The maximum height of any letter shall be 10 inches. The Planning Board may in its discretion grant an additional inch in dimension for every 20 feet a wall sign for a business or structure is set back from its primary access roadway to a maximum of 24 inches, if it finds that the additional size is necessary or appropriate due to such circumstances as the sign's distance from the road, the design speed of the road or the size of the building on which the sign is placed.
(3) 
Color. The use of fluorescent or iridescent colors is prohibited.
(4) 
Setting. The supporting structure and accessory components, such as planters, poles or brackets, shall provide a setting that enhances the purpose of the sign and contributes to the overall aesthetic quality of the surrounding environment. The post-and-panel and low-profile ground forms are the preferred construction of freestanding sign structures; single-post structures are discouraged, except for post-and-single-arm mountings; low-profile, two-post structures are allowed. Lower sign heights are encouraged.

§ 108-24.3 Sign permits.

A. 
Procedure.
(1) 
Except as otherwise provided herein, no sign or other advertising device shall be erected, constructed, displayed, moved, reconstructed, extended, enlarged or altered except in conformity with this article and, where applicable, without first obtaining a sign permit from the Zoning Administrator in accordance with the procedures and standards herein.
(2) 
Application for a sign permit shall be made in writing to the Zoning Administrator in the form and manner prescribed in Article 30. One application may include more than one sign, provided that all signs contained in such application are to be erected at the same time on one lot. Applications for new signs or proposed changes in existing signs shall include plans to scale detailing the dimensions and area of the sign(s), the location of the sign(s) on the building, structure or property where the sign(s) will be erected or attached, and a visual simulation or photo to scale illustrating colors, materials, lettering, artwork, and method of illumination, if any. A permit shall be required for any change in the size, shape, lighting, materials, or location of an existing sign.
(3) 
Each application for a sign permit shall be accompanied by the fee set forth in the current fee schedule adopted by the Town Board.
(a) 
Such fee shall be based on all signs contained in such application.
(b) 
Any sign for a public agency or educational, charitable or religious establishment shall be exempt from the required fee.
(4) 
The Zoning Administrator shall, upon the filing of any application for a sign permit, take the following action:
(a) 
Examine such plans, specifications and other data submitted with the application.
(b) 
Become familiar with the building or premises upon which it is proposed to erect such sign.
(c) 
Review the sign for compliance with all the requirements of this chapter.
(d) 
If the sign is visible from the Route 9, Route 9G, or the Hudson River, or if the applicant is seeking an increase in letter or graphic size under § 108-24.2F(2), and the sign complies in all other respects with this chapter, the Zoning Administrator shall forward the completed sign application to the Planning Board for its recommendation. The Planning Board shall act upon this completed application within 45 days after receiving it from the Zoning Administrator. If the Planning Board recommends approval, and grants the requested increases in letter or graphic size, if any, the Zoning Administrator shall issue the sign permit with any conditions recommended by the Planning Board within 10 business days of the determination by the Planning Board. If the Planning Board recommends disapproval, the Zoning Administrator shall so advise the applicant in writing.
(e) 
If the Zoning Administrator determines that the sign complies with all requirements of this chapter and is not visible from Route 9, Route 9G, or the Hudson River, and if no increases in letter or graphic size under § 108-24.2F(2) are sought, the Zoning Administrator shall, within 10 business days thereafter, issue a sign permit.
(f) 
In the event that the Zoning Administrator determines that the proposed sign is not in compliance with all the requirements of this chapter, such application shall be denied and returned to the applicant. The Zoning Administrator shall advise the applicant in writing of the deficiencies found in the application and the action necessary to correct such deficiencies.
(5) 
The Zoning Administrator, under the provisions of Article 30 of this chapter, shall consider any sign that does not fully conform to the requirements of this article to be in violation of the provisions of this chapter.
(6) 
If the work authorized under a sign permit has not been completed within six months after the date of issuance, such permit shall become null and void. The applicant may apply to the Zoning Administrator for an extension, up to an additional six months from the date of the original permit.

§ 108-24.4 Prohibited signs.

A. 
No off-premises commercial signs shall be allowed in any district.
B. 
No illumination shall transmit through or from the face of a sign or through or from its letters and graphics, and no sign shall contain flashing, intermittent, rotating, or moving lights, except that one nonflashing neon, LED or fiber optics sign not exceeding three square feet may be allowed inside the window of a business establishment. Period-style lighting in or on a part of a sign, including neon, may be permitted at the discretion of the Planning Board by special use permit, where it determines that such design elements complement or are essential to the architecture of the building or the theme of the proposed business.
C. 
No sign or any part thereof shall contain or consist of any moving, rotating, or revolving device.
D. 
No sign shall be allowed on a roof.
E. 
No sign, display, display area, or part thereof, or devices to attract attention shall move or contain or consist of pennants, ribbons, streamers, spinners, banners, flags, posters, or other moving lights, fluttering or revolving devices.
F. 
No sign shall display pornographic images.
G. 
No signs or images may be projected onto walls or other surfaces. Televisions and monitors, including flat-screen displays, shall not be used for advertising or information, except so as to not be directly exposed to public view from a store exterior.
H. 
No sign placed or erected out-of-doors shall be constructed of paper, cardboard or canvas, except that signs on awnings and canopies may be constructed of or printed on canvas.

§ 108-24.5 Exempt signs.

The following types of signs may be erected and maintained without sign permits, Planning Board review, or fees, provided that such signs comply with the general regulations in § 108-24.2 and with all other requirements of this chapter. As used in this section, the term "residential uses" shall include mixed-use lots on which at least 50% of the floor space is residential.
A. 
Permanent signs.
(1) 
Property signs not exceeding two square feet in area and bearing only the property name, numbers, postal route box numbers, 911 emergency address numbers, image or logo, or names of occupants of premises.
(2) 
One sign, not exceeding 16 square feet in area, designating a farm.
(3) 
Flags and insignia of any government.
(4) 
Noncommercial information signs. Signs providing noncommercial information to the public, public utility information signs, safety signs, "danger" signs, "no trespassing" signs, local, state and/or national historical markers, traffic control signs on public roads and all signs erected by a public officer in the performance of a public duty.
(5) 
One on-premises sign, either freestanding or attached, in connection with any residential building for permitted home occupations, not exceeding two square feet and set back at least 10 feet from the street right-of-way. Such signs shall state name and occupation only, and shall not be illuminated.
(6) 
A memorial, tablet, plaque or similar device that is less than two square feet in area, and is cut into, or mounted on, the facade of a building in commemoration of a person or event.
(7) 
Named bricks and similar memorials and sponsorships as part of any volunteer-assisted improvements.
(8) 
Signs erected and maintained by any governmental agency for the protection of the health, safety or general welfare of the public.
(9) 
Customary signs identifying the brand, grade, price and tax of fuel on fuel dispensers, but no other unrelated signs, symbols, banners or other devices.
B. 
Temporary signs.
(1) 
Temporary nonilluminated "For Sale" or "For Rent" real estate signs and signs of similar nature, concerning the premises upon which the sign is located: for residential uses, one sign per lot, not exceeding six square feet per sign face; for business or industrial uses, one sign per lot, not exceeding 12 square feet, and, if freestanding, set back at least 15 feet from all property lines. All such signs shall be removed within three days after closing of the sale, lease, or rental of the premises.
(2) 
Temporary nonilluminated window signs and posters not exceeding 25% of each window surface and not exceeding four square feet per window, removed or replaced on a weekly or monthly basis. Examples of such signs are those advertising specific products or sales.
(3) 
One temporary sign for a roadside stand selling agricultural produce grown on the premises in season, provided that such signs do not exceed 32 square feet each, are set back at least 10 feet from the public right-of-way, and are removed at the end of the selling season.
(4) 
On-premises signs for garage, porch and yard sales and auctions, not exceeding four square feet for a period not exceeding four days.
(5) 
Signs not exceeding six square feet on residential property or 16 square feet on nonresidential property, for primary, special or general elections, or referenda, provided that such signs shall be posted for no more than 60 days prior to the election and shall be removed within seven days following the election.
(6) 
One sign not exceeding six square feet on residential uses, or one sign not exceeding a twelve-square-foot double-sided sign on nonresidential uses, listing the architect, engineer, contractor and/or owner, on premises where construction, renovation, or repair is in progress.
(7) 
Signs advertising special events or hours of operation for not-for-profit organizations, such as firemen's field days, church bazaars, bake sales and the like. Such signs shall not exceed six square feet in area and shall not be displayed for more than 30 days annually.
(8) 
Signs marking areas of highway or utility construction, repair, or maintenance.
(9) 
Seasonal displays generally recognized or associated with national, state or religious holidays, except when displayed in connection with commercial promotion.
(10) 
Signs erected and maintained by any governmental agency for the protection of the health, safety or general welfare of the public.
(11) 
Sandwich board signs, no larger than six square feet per side, with a maximum of two sides, and one banner no larger than six square feet, no more than twice a year, and no more than 30 calendar days per use.

§ 108-24.6 Removal of signs.

A. 
Signs advertising an establishment or institution that has permanently closed shall be removed within one month of such closure.
B. 
The Zoning Administrator shall notify in writing the owner of any sign which no longer serves the purpose for which it was erected, or which poses a safety hazard to the public or is otherwise in violation of this article. The Zoning Administrator shall order such owner to remove or correct the unsatisfactory condition of such sign within 30 days from the date of such notice.
C. 
Upon failure of the owner to comply with such notice within the prescribed time, and provided the order of the Zoning Administrator has not been stayed or reversed by the Zoning Board of Appeals pursuant to § 108-33.4 of this chapter, the Zoning Administrator is hereby authorized to secure, repair, remove, or cause the removal of such sign. All costs of securing, repairing, or removing such sign, including related legal fees and expenses, shall be assessed against the land on which the sign is located and shall be levied and collected in the same manner as provided in the Town Law for the levy and collection of a special ad valorem levy. In the alternative, the Zoning Administrator may issue an appearance ticket as authorized in § 108-30 and shall advise the Town Board of all of the facts in the case.
D. 
Emergency provisions. Where it reasonably appears that there is imminent danger to life, safety, or health or imminent damage to property unless a sign is immediately repaired, secured, or demolished and removed, the Zoning Administrator is authorized herein to immediately cause the repair, securing, or demolition of such unsafe sign. The expense of such remedial actions shall be a charge against the land on which the sign is located and shall be assessed, levied, and collected as provided in Subsection C above.

§ 108-24.7 Amortization of nonconforming signs; illegal signs; special use permits.

It is the express intent of this section to supersede General Municipal Law § 74-c pursuant to § 10 of the Municipal Home Rule Law. Signs that do not conform with this chapter and that were legally in existence prior to the effective date of this chapter shall be permitted to continue for a period of 10 years from the effective date of this chapter or any amendment thereof that makes the sign noncompliant, at which time they must either be replaced by conforming signs that have valid permits or be removed.
A. 
Alteration. Prior nonconforming signs may be altered only if the alterations increase their conformity with this chapter.
B. 
Upon any change of use or expansion of use, or change of tenancy, all prior nonconforming signs related to such prior use or tenancy shall be removed, changed or altered to conform to the provision of this chapter within a period not to exceed 30 days.
C. 
Extension of time. The ten-year time limit may be extended by the Zoning Board of Appeals, provided that the applicant demonstrates that the applicable amortization period is confiscatory as applied to the specific sign. The period of the extension shall be the minimum reasonably necessary to avoid confiscation.
D. 
Illegal signs. Signs that were not in compliance with the sign regulations of the Town existing prior to September 8, 2005, shall not be considered protected prior nonconforming structures and shall be treated as violations.
E. 
Special use permit. Applicants with prior nonconforming signs may request a special permit from the Planning Board to continue their use beyond the ten-year time limit. In considering such requests, the Planning Board shall determine whether removal of said signs would negatively impact the historic or scenic character of the community. Once granted, any such special use permit will automatically expire if the use, business or business name changes or ceases for more than six months.

§ 108-25 ARTICLE 25: SCRAP YARDS

§ 108-25.1 Application for approval.

Application for permission to operate a scrap yard in the Town must be made to the Zoning Administrator as provided in Article 30 of this chapter. A scrap yard use requires a special use permit pursuant to Article 8 of this chapter. If the applicant is granted a special use permit, the applicant must obtain site plan approval from the Planning Board and a scrap yard license from the Town Clerk in order to obtain and retain a certificate of occupancy for a scrap yard use.

§ 108-25.2 Location.

Notwithstanding the fact that scrap yards are a potential hazard in any district in the Town, in the course of the special use permit process the Planning Board will be addressing the question of possible location if the scrap yard applicant can show that the scrap yard proposal meets the standards of § 108-8.

§ 108-25.3 Permit, license and site plan approval required; procedures.

No person shall engage in or conduct within the Town, either for himself or on behalf of any other person, directly or indirectly, in any scrap yard use without first obtaining a special use permit, a scrap yard license, and site plan approval.
A. 
Application for special use permit, site plan approval and license. Along with his combined application for a special use permit, site plan approval and license, the applicant shall submit to the Zoning Administrator a map or plan of the property upon which he intends to conduct the scrap yard use. Such map or plan shall be prepared according to the standards for a site plan application under § 108-9.4. The map or plan shall show the property boundaries and neighboring lots, area of the property proposed to be used as a scrap yard, the required screening, the required buffer area, the areas of ingress and egress, the location of any buildings and other structures, utilities, adjoining landowners, drainage features, lighting, watercourses and other natural features, and any internal alleys that will remain open for safety and fire protection. Such map or plan shall be prepared to scale and signed and sealed by a licensed land surveyor, architect, landscape architect, engineer or other licensed professional.
B. 
Issuance of license. Before the Town Clerk may issue a scrap yard license, the applicant must provide the Clerk with a valid special use permit issued by the Planning Board for the subject scrap yard use. In addition, before issuing the license, the Clerk shall have received from the Zoning Administrator a report indicating that the applicant has filed a complete application in accordance with the requirements of this article. Upon receipt of this information and payment of the required fee set forth in the current fee schedule adopted by the Town Board, the Town Clerk shall issue the license, which shall be valid for one year, subject to annual renewal. Such license shall be posted prominently in the licensee's scrap yard and made available for inspection upon request by the Zoning Administrator.
C. 
Existing scrap yard. Any person engaged in the scrap yard business as of the effective date of this chapter must apply for a scrap yard license under this article within 30 days. If said scrap yard operator is in possession of a junkyard license under the prior Zoning Law, he shall not be required to apply for a scrap yard license under this chapter until his junkyard license is due for its annual renewal. Any legally existing scrap yard business as of the effective date of this chapter shall not be required to obtain a special use permit or site plan approval as a requirement of the renewal of his license.
D. 
License renewal. See § 108-30.5.
E. 
License personal to licensee. A scrap yard license is personal with the licensee, and does not run with the land, or transfer to a new owner with the transfer of title to the property. A scrap yard license cannot be sold or otherwise transferred to any other person or entity, except to a corporation or other business entity owned or controlled by the licensee.
F. 
Revocation. A scrap yard license may be revoked by the Town Board for failure to comply with the requirements of this chapter, after a public hearing thereon at which the licensee shall have the opportunity to be heard. Upon revocation of the license, the Town Board shall order the removal of the scrap material and the remediation of the property. If the licensee fails to do so within 60 days of the order, the licensee may be deemed in violation of this chapter and subject to the appropriate penalties and judicial enforcement action. Conviction of the offense of violation of this chapter shall be grounds for immediate revocation of the license.

§ 108-25.4 Standards.

A. 
Management. The licensee must personally manage or be responsible for the management of the scrap yard business for which the license is granted.
B. 
Maintenance. The licensee must maintain a sufficient number of employees on the premises to ensure the proper and safe conduct of the scrap yard business, to maintain the scrap material in rows or areas with open alleys or fire lanes between to allow passage of emergency vehicles, to contain any fires, and to minimize fire hazards in general.
C. 
Screening. A scrap yard shall be fully enclosed and completely screened from adjoining parcels and all public ways with fencing or a combination of said fencing and evergreen landscaping approved by the Planning Board. A scrap yard shall also provide a setback around the entire perimeter of the required screening that is no less than 50 feet in depth. This setback shall be infilled with a vegetative cover.
D. 
Prohibited uses. No scrap yard may be used as a refuse disposal site as defined in Chapter 66.
E. 
Inspection. The Zoning Administrator, Building Inspector, Town Engineer, Planning Board and any other official of the Town or representative of the Town Board shall be permitted access to the scrap yard at all reasonable times to inspect the same for compliance with the provisions of this chapter.
F. 
Fire extinguishers. A scrap yard shall maintain a minimum of one functioning fire extinguisher, of approved design and capacity, for every 40,000 square feet of area of scrap yard. Each such fire extinguisher shall be mounted in a conspicuous place, clearly marked and available for use at all times. Each such fire extinguisher shall be in addition to any other required fire-extinguishing equipment.

§ 108-26 ARTICLE 26: MANUFACTURED HOMES

§ 108-26.1 General provisions.

A. 
To the extent that any conflict exists between this Article 26 and any other provision of this chapter, the provisions of this article shall prevail. Manufactured home parks are not overlay districts. They have their own bulk and other requirements and shall be treated as separate districts.
[Amended 8-24-2009 by L.L. No. 2-2009]
B. 
Except as provided herein, it shall be unlawful for any person or persons to install a manufactured home other than in a manufactured home park.

§ 108-26.2 Existing nonconforming manufactured homes and parks.

A. 
An existing nonconforming manufactured home, not in a licensed manufactured home park, may remain with the following restrictions:
(1) 
If the manufactured home is destroyed by accident or by act of God, either partially or completely, it may be repaired or replaced by a similar type of manufactured home on the same lot, provided that the setback requirements of § 108-5.15 are complied with. The replacement of the manufactured home may not exceed 150% of the square footage of the original manufactured home.
(2) 
Any replacement manufactured home must be less than 10 years old.
(3) 
An application fee established by the Town Board and set forth in a fee schedule shall accompany a request for a replacement manufactured home.
(4) 
The anchoring and structure must meet the current NYS Building Code.
B. 
An existing manufactured home within a nonconforming licensed manufactured home park may remain with the following restrictions:
(1) 
Any manufactured home in a manufactured home park may be replaced with another manufactured home. A replacement manufactured home may be placed on a new or previously existing pad in any existing licensed manufactured home park within the lot, provided the location of the replacement manufactured home meets the following:
(a) 
It conforms to or exceeds the standards of separation generally existing in the park but in any case is no closer than 12 feet to an existing manufactured home or any extension from it.
(b) 
It is set back from all property boundary lines as much or more than the predecessor home. If the location of the predecessor home exceeded a required setback, the replacement home need only meet such required setback. A replacement manufactured home placed in a different location in the park must conform to the required setbacks for a manufactured home park.
(c) 
All applicable building and fire safety code standards shall be observed in the installation of the manufactured home.
(d) 
The anchoring and structure must meet the current NYS Building Code.
(e) 
There is no required minimum width for a replacement manufactured home.
(2) 
Before a replacement manufactured home is placed on the same lot or location within an existing park, a plot plan, drawn to scale, showing the location of the replacement manufactured home on the lot on which it is to be located, together with the location of homes and the boundary line of the park on each adjacent lot, shall be submitted to the Zoning Administrator. Where no lot lines exist for individual lots within a manufactured home park, a lot line shall be deemed to exist equidistant from two adjacent manufactured homes unless a parking apron, accessory structure or other circumstances require the location of an adjacent lot line at a different location.
(3) 
Before a replacement manufactured home is placed on a different lot or location within an existing park, site plan approval by the Planning Board is required.
(4) 
Any replacement manufactured home must be less than 10 years old.
(5) 
An application fee established by the Town Board and set forth in a fee schedule shall accompany a request for a replacement manufactured home.
(6) 
No carport, covered patio or similar addition, whether enclosed or not, shall be placed closer to any manufactured home lot line than 10 feet.
[Added 8-24-2009 by L.L. No. 2-2009]

§ 108-26.3 Manufactured home parks.

A. 
Site plan approval. Site plan approval is required for a new manufactured home park, modification of an existing conforming manufactured home park or upgrade to conforming status of an existing nonconforming manufactured home park. In addition to that which is required by Article 9 of this chapter, any applicant for a new manufactured home park site plan approval shall furnish the following information:
(1) 
Boundaries of the manufactured home park.
(2) 
A manufactured home park plan, showing entrances, exits, walkways, parking areas and manufactured home sites or lots.
(3) 
Method and plan for sewage disposal.
(4) 
Method and plan for garbage and refuse disposal.
(5) 
Method and plan for water supply.
(6) 
Plan for electric lighting.
(7) 
The names and addresses of all owners and operators.
(8) 
Additional information as may be reasonably required by the Planning Board.
B. 
Park plan.
(1) 
A manufactured home park shall have an area of not less than 10 acres and shall be adequate to facilitate a minimum of 20 manufactured homes. The term "facilitate" shall mean that a minimum of 20 spaces shall be ready for immediate occupancy and hookup without any further approval of sewage or water installation.
(2) 
No manufactured home lot or office or service building shall be closer to the street line than 150 feet or closer to other property lines than 50 feet. Margins along the side and rear property line of the manufactured home park shall be planted with at least two rows of staggered, deciduous and/or evergreen trees spaced not more than 20 feet apart. The minimum height of planting must be three feet. Additional landscaping may be required at the discretion of the Planning Board during site plan review.
(3) 
All internal drives within the park shall be hard surfaced, meeting the minimum standards of the Town road specifications, and they must be adequately lighted at night to ensure the safety of tenants.
(4) 
A landscaping plan shall be submitted as a part of the park plan. The landscaping plan shall show which existing trees and vegetation will be preserved. Where trees and vegetation do not exist, the landscaping plan shall show the type, size and location of landscaping to be provided.
(5) 
A minimum of 10% of the total park area shall be set aside and used for open space or recreational area for the park. Such land shall be suitable for such use and shall be maintained by the owner of the park in a neat and usable condition for the residents of the manufactured home park. Setbacks from streets and property line required in Subsection B(2) above shall not be deemed to be a part of the required recreation or open space areas.
(6) 
Individual manufactured home lots shall have six square feet of land area for each square foot of manufactured home floor area permitted on said lot. No manufactured home lot shall be less than 5,000 square feet.
(7) 
No manufactured home shall be placed closer to any other manufactured home than 35 feet. No carport, covered patio or similar addition, whether enclosed or not, shall be placed closer to any manufactured home lot line than 10 feet.
(8) 
Parking spaces shall be provided at the rate of at least one car space for each manufactured home, plus an additional car space for each two lots. Parking spaces shall be not less than nine feet by 18 feet per space in area.
C. 
Additional provisions. Each manufactured home park shall provide sanitary conveniences, service and utilities, including water supply, sewage disposal and garbage disposal, commensurate with the following:
(1) 
Water supply must comply with all requirements of the Dutchess County Department of Health.
(2) 
Sewage disposal shall be provided in compliance with the Dutchess County Department of Health.
(3) 
Refuse disposal.
(a) 
Adequate refuse receptacles shall be provided for each manufactured home.
(b) 
These receptacles shall be kept in a sanitary condition and emptied weekly by the licensee or his agent.
(c) 
Central refuse receptacles may be required by the Planning Board.
(4) 
Storage. A storage space within a building(s) shall be provided in an amount equal to at least 80 square feet for each manufactured home lot in the manufactured home park.
(5) 
Maintenance.
(a) 
The under portion of the manufactured home shall be properly enclosed within 30 days.
(b) 
All service buildings and the grounds of the park shall be maintained in a clean, sightly condition and kept free of any condition that will menace the health of any occupant or the public or constitute a nuisance.
(6) 
Manufactured home park register. It shall be the duty of each licensee and permittee to keep a register containing a record of all manufactured home owners and occupants located within the park.
(a) 
The register shall contain the following information:
[1] 
The name and address of each manufactured home occupant.
[2] 
The names and addresses of the owners of each transient manufactured home and motor vehicle by which it is towed.
[3] 
The make and license number of each manufactured home and motor vehicle by which it is towed.
[4] 
The date of arrival and of departure of each transient manufactured home.
[5] 
The number of adults and children in each manufactured home.
[6] 
The number of dogs in each manufactured home.
(b) 
The park shall keep the register available for inspection at reasonable times by law enforcement officers, public health officials and other officials whose duties necessitate acquisition of the information contained in the register.
(c) 
The register record for each occupancy register shall not be destroyed for a period of three years following the date of departure of the registrant from the park.
(7) 
Accessory structures and/or additions.
[Amended 8-24-2009 by L.L. No. 2-2009]
(a) 
Application shall be made in writing to the Zoning Administrator for the construction and erection and installation of accessory structures on each manufactured home plot.
(b) 
All additions, awning, porches and carports shall be of a type designed for a manufactured home.
(8) 
Inspection. Before any park commences operation, the Zoning Administrator shall make an inspection of the premises to determine that all requirements of this chapter have been met. No use shall be permitted until a certificate of occupancy has been issued.
(9) 
Snow removal. Internal drives shall be kept free of snow by the licensee.

§ 108-26.4 License and renewal requirements.

A. 
It shall be unlawful within the Town for any person or persons to operate a manufactured home park without first securing a written license from the Town Board and complying with the regulations of this chapter. For conforming manufactured home parks, such license shall be issued only after site plan approval and construction in accordance with the approved plan.
B. 
The application for such annual license or the renewal thereof shall be filed with the Town Clerk and shall be accompanied by the fee set forth in the current fee schedule adopted by the Town Board. Each manufactured home shall be assessed on the tax rolls of the Town against manufactured home park owners in accordance with § 102 of the New York Real Property Tax Law.
C. 
The application for a license or renewal thereof shall be made on forms prescribed by the Town and shall include the name and address of the owner in fee of the tract. If the fee is vested in some person other than the applicant, a duly verified statement by the person that the applicant is authorized by him or her to construct or maintain the manufactured home park shall accompany the application. Each license or renewal thereof shall expire on the 31st day of December following the issuance thereof.
D. 
A license or renewal shall not be issued until the park or park site has first been checked by the Zoning Administrator for verification that the park or park site complies with the regulations of this chapter. If the Town Board finds that all the conditions have been met, it shall approve the issuance of a license by the Town Clerk.
E. 
Revocation of license. Whenever the Zoning Administrator has reasonable grounds to believe that any licensee is in violation of any of the provisions of this chapter, he/she shall notify such licensee or the licensee's agent of such violation, together with a demand that such violation be corrected or terminated. Such notice shall be in writing and shall state the nature of the violation and may be served upon the person to whom it is directed either by delivering it personally to him/her or by posting the same upon a conspicuous portion of the premises or by sending a copy of such notice by registered mail. In the event that such violation shall continue for a period of five days after the service or mailing of such notice as herein set forth, the Zoning Administrator may revoke any license issued pursuant to this chapter. Notwithstanding any of the foregoing provisions, any license to maintain and operate a park may be revoked by the Zoning Administrator after the licensee has been found guilty in any court of competent jurisdiction of the violation of any provision of this chapter. After such violation of any provision of this chapter has been remedied and/or corrected, the Zoning Administrator may reissue the license.
F. 
Transfer of license. Upon application in writing for transfer of a license and the payment of the transfer fee set forth in the current fee schedule adopted by the Town Board and upon strict compliance with these regulations, the Town Clerk shall issue the transfer of such license.
G. 
Renewal of license. Upon application in writing by a licensee of a manufactured home park for the renewal of a license and upon inspection and approval of the Zoning Administrator or his/her appointed inspectors and the payment of the required fee, the Town Clerk shall forward such renewal to the Town Board for authorization to renew such license. For purposes of interpretation, if the Zoning Administrator should find the park to be in violation of the rules or regulations of the County Health Department and/or Chapter 7 of the Sanitary Code of the State of New York and/or violations of the strict adherence to any ordinances applicable to manufactured home parks, the renewal of such license may be withheld until such time as necessary corrections have been made. Such corrections shall be made within 90 days from the time of inspection or application, whichever constitutes the longer period of time. Any violation not remedied in accordance with the provisions of this chapter shall constitute a violation of § 268 of the Town Law.

§ 108-27 ARTICLE 27: USED CAR LOTS

§ 108-27.1 Regulations.

The following provisions apply to used car lots:
A. 
All used car dealers are required to obtain site plan approval for the operation of a used car lot, whether or not the dealer is licensed by the State of New York. The application for site plan approval shall be submitted to the Zoning Administrator, who shall review the application to determine if it is complete. The application shall satisfy the requirements for site plan approval applications set forth in Article 9. Upon determining that the application is complete, the Zoning Administrator shall forward the application to the Planning Board.
B. 
The Planning Board shall review the site plan pursuant to Article 9. The Planning Board shall serve as lead agency for purposes of SEQRA review and shall conduct a coordinated review with other involved agencies for purposes of SEQRA compliance. The Planning Board may approve, approve with conditions, or deny the site plan.
C. 
Upon approval of the Planning Board of the site plan, the dealer may apply to the Town for a used car dealer license. All license applications are made through the Zoning Administrator and are issued by the Town Clerk. Following approval by the Zoning Administrator, all license fees and renewals shall be paid to the Town Clerk, who shall issue the license or renewal. The only determination to be made by the Zoning Administrator in reviewing the license application is whether the dealer is in compliance with the provisions of the site plan approval.
D. 
Upon approval of the Zoning Administrator, the Town Clerk shall issue the license after Town Board approval. The license shall expire on December 31st of the issuing year and shall be renewable annually if the premises have been operated in accordance with the site plan approval and the regulations contained in this chapter. The Zoning Administrator shall authorize the renewal of the license each year as long as the premises remain in compliance with the site plan approval. The license from the previous year will remain in force and effect until a decision on renewal is made by the Zoning Administrator. If the Zoning Administrator determines that the used car lot is not being operated or maintained in compliance with the site plan approval, the Zoning Administrator shall recommend to the Town Board disapproval of the renewal of the license.
E. 
If at any time during the year in which a license is in effect the Zoning Administrator shall determine that the used car lot is not being operated or maintained in compliance with the site plan approval, the Zoning Administrator shall serve the licensee with a notice of violation and order to remedy. If the violation is not remedied within the time period allowed in the order to remedy, the Zoning Administrator shall make a recommendation to the Town Board that the license be revoked.
F. 
No used car lot shall be operated in the Town without a used car dealer license.
G. 
Used car sales not on a used car lot are regulated in § 108-30.6B(4).

§ 108-27.2 Standards.

A. 
There shall be a sales office located on each used car lot, which shall be an enclosed structure. No storage of used parts shall be allowed unless the same are stored in an enclosed structure. All repairs shall be performed in an enclosed structure. The approved site plan shall show the size and location of these structures.
B. 
There shall be a customer parking area located on each used car lot sufficient to accommodate a minimum of five customer cars.
C. 
Each used car lot shall accommodate no more than one used car per 400 square feet of property, and there shall be no less than two feet between each car.
D. 
No car unable to pass state inspection shall be stored on a used car lot for more than 30 days.
E. 
Used car sales signage must be in conformity with Article 24. Each used car for sale is permitted one sign, with an area of one square foot. Such cars shall have no other advertising or devices to attract attention.

§ 108-28 to § 108-29. (Reserved)

§ 108-30 ARTICLE 30: ENFORCEMENT

§ 108-30.1 Compliance required.

A. 
No board, agency, officer, or employee of the Town shall issue, grant, or approve any permit, license, certificate or other authorization for any construction, reconstruction, alteration, enlargement or moving of any building or for any use of land or structures that is not in full compliance with the provisions of this chapter. Any such permit, license, certificate or other authorization issued, granted or approved in violation of the provisions of this chapter shall be null and void and of no effect. Without necessity of any proceedings or revocation or nullification thereof, any work undertaken or use established pursuant to any such permit, license, certificate or other authorization shall be unlawful, and no action shall be taken by any board, agency, officer or employee of the Town purporting to validate any such violation.
B. 
Existing violations. No application shall be received nor shall any application, if received, be reviewed or be granted for any variance, zoning change, special use permit, building permit, license, certificate of occupancy or any other change set forth in this chapter if there are any existing violations of this chapter by said applicant for the lot or lots contained in said application, unless said application is required by the Zoning Administrator, Town Attorney, or the reviewing agency in settlement of the outstanding violation.

§ 108-30.2 Enforcement agents.

A. 
This chapter shall be enforced by the Zoning Administrator and the Building Inspector pursuant to their separate responsibilities as set forth in this chapter. The Zoning Administrator and Building Inspector shall each maintain records necessary to implement their separate responsibilities under this chapter.
B. 
The Zoning Administrator shall receive and process all applications under this chapter for site plan approval, variances, special use permits, planned unit developments, subdivisions, sign permits, trailer permits, and collect all required fees. Any appeal of an order, requirement, decision, interpretation or determination of the Zoning Administrator shall be taken by filing a notice of appeal with the Zoning Administrator and the Zoning Board of Appeals pursuant to Article 33. Upon receipt of any such notice, the Zoning Administrator shall transmit to the Zoning Board of Appeals all the papers constituting the record upon which the action appealed from was taken.
C. 
The Building Inspector shall receive and process all applications for building permits and certificates of occupancy, and collect the fees required therefor. The Building Inspector shall maintain a record of all building permits and certificates of occupancy, and shall furnish a copy upon request to any person having a proprietary or tenancy interest in the land or structure affected.

§ 108-30.3 Appearance tickets; stop-work orders.

A. 
Appearance tickets.
(1) 
Authority to issue appearance tickets. The Zoning Administrator and the Building Inspector are authorized to issue appearance tickets to persons or corporations who are the subject of zoning enforcement and/or building code violation actions. Such appearance tickets shall be used only in connection with enforcement actions brought in the Justice Court of the Town.
(2) 
Authority for warrant for arrest. The failure of a person or a corporation to appear in Town Justice Court in response to a duly issued appearance ticket may result in the issuance of a warrant for the arrest of such individual person or corporation at the discretion of the Town Justice.
B. 
Stop-work orders.
(1) 
Authority to issue stop-work orders. The Zoning Administrator is authorized to issue stop-work orders pursuant to this section. The Zoning Administrator shall issue a stop-work order to halt any work that is determined by the Zoning Administrator to be contrary to any applicable provision of this Chapter 108 or Chapter 96 of the Code of the Town of Hyde Park, without regard to whether such work is or is not work for which a building permit is required, and without regard to whether a building permit has or has not been issued for such work.
(2) 
Contents of stop-work order. Stop-work orders shall be in writing, be dated and signed by the Zoning Administrator, state the reason or reasons for issuance, and, if applicable, state the conditions which must be satisfied before work will be permitted to resume.
(3) 
Service of stop-work order. The Zoning Administrator shall cause the stop-work order, or a copy thereof, to be served on the owner of the affected property (and, if the owner is not the permit holder, on the permit holder) personally or by certified mail. The Zoning Administrator shall be permitted, but not required, to cause the stop-work order, or a copy thereof, to be served on any builder, architect, tenant, contractor, subcontractor, construction superintendent, or their agents, or any other person taking part or assisting in work affected by the stop-work order, personally or by certified mail; provided, however, that failure to serve any person mentioned in this sentence shall not affect the efficacy of the stop-work order.
(4) 
Effect of stop-work order. Upon the issuance of a stop-work order, the owner of the affected property, the permit holder and any other person performing, taking part in or assisting in the work shall immediately cease all work which is the subject of the stop-work order.
(5) 
Remedy not exclusive. The issuance of a stop-work order shall not be the exclusive remedy available to address any event described in Subsection C of this section, and the authority to issue a stop-work order shall be in addition to, and not in substitution for or limitation of, the right and authority to pursue any other remedy or impose any other penalty under Article 35 of this chapter or under any other applicable local law or state law. Any such other remedy or penalty may be pursued at any time, whether prior to, at the time of, or after the issuance of a stop-work order.

§ 108-30.4 Certificates of occupancy.

A. 
An application for a certificate of occupancy shall be made to the Building Inspector, who shall provide a copy to the Zoning Administrator. The Zoning Administrator shall examine each application to determine applicable requirements of this chapter and advise the Building Inspector of any such requirements.
B. 
To be complete, an application for a certificate of occupancy must comply with Chapter 40 and contain the following information:
(1) 
Any applicable subdivision approval, special use permit, planned unit development approval, or site plan approval.
(2) 
Applicable scale and density under this chapter.
[Amended 8-24-2009 by L.L. No. 2-2009]
(3) 
Current certificate of occupancy, if any.
(4) 
Where construction is involved, a set of as-built plans.
C. 
The Building Inspector shall advise the applicant in writing of any deficiencies in the application within 14 calendar days of receipt of a complete application, as well as notify the Zoning Administrator of the application. The Building Inspector shall, within 30 days of receipt of a complete application that fully complies with the requirements of this chapter and the Building Code, issue the certificate of occupancy. No certificate of occupancy issued after the effective date of this chapter shall be valid without the signatures of both the Building Inspector and the Zoning Administrator. The Building Inspector shall certify compliance with the Building Code and the Zoning Administrator shall certify compliance with the other requirements of this chapter.
D. 
No certificate of occupancy shall be required for any alteration of or ordinary repairs to an existing building or structure, provided such alteration or repair is not structural in nature and does not require a special use permit, site plan approval or a building permit.
E. 
No certificate of occupancy shall be issued until all improvements shown on a site plan are installed, or a sufficient performance guarantee has been posted for improvements not yet completed. The performance guarantee shall be posted in accordance with the procedures specified in § 277 of the Town Law relating to subdivisions.
F. 
All off-street parking improvements shall be maintained as a condition of the certificate of occupancy for as long as the use served by such parking remains.

§ 108-30.5 License applications.

[Amended 8-24-2009 by L.L. No. 2-2009]
A. 
The following general standards apply to license applications:
(1) 
The Zoning Administrator shall examine each application and become familiar with the circumstances involved for compliance with all the requirements of this chapter.
(2) 
No application for a license shall be deemed complete if there is any existing violation of this chapter on the lot referred to in said application.
(3) 
The Zoning Administrator shall advise the applicant in writing of any deficiencies in the application within 14 calendar days of receipt of a complete application. The Zoning Administrator shall, within 30 days of receipt of a complete application that fully complies with the requirements of this chapter, authorize the issuance of the license by the Town.
B. 
The following specific standards apply to particular license applications:
(1) 
Adult entertainment use. See Article 21 for licensing requirements.
(2) 
Scrap yards. See Article 25 for licensing requirements.
(3) 
Manufactured home parks. See Article 26 for licensing requirements.

§ 108-30.6 Permit applications; specific applications.

A. 
General provisions.
(1) 
Procedure. The Zoning Administrator shall examine each application and become familiar with the proposed location for compliance with all the requirements of this chapter.
(2) 
No application for a permit shall be deemed complete if there is any existing violation of this chapter on the lot referred to in said application.
(3) 
The Zoning Administrator shall advise the applicant in writing of any deficiencies in the application within 14 calendar days of receipt of an administratively complete application. The Zoning Administrator shall, within 30 days of receipt of a complete application that fully complies with the requirements of this chapter, issue the permit.
(4) 
An application shall include a building permit or a statement by a licensed professional, as referenced in the NYS Building Code, that a building permit is not required.
B. 
Specific applications.
[Amended 8-24-2009 by L.L. No. 2-2009]
(1) 
Sign permit. To be complete, an application for a sign permit shall contain the following information:
(a) 
The name, address and telephone number of the applicant;
(b) 
The specific use to which the subject sign will be accessory;
(c) 
The location of the building, structure or land upon which such sign is to be erected;
(d) 
A drawing or blueprint fully describing the construction of such sign and including:
[1] 
The size, coloring and area of all lettering and graphic matter;
[2] 
The location, wattage, intensity and lighting distribution of any illuminating devices; and
[3] 
The location and support of such sign with respect to any building, structure, adjoining property, street or highway.
(e) 
Written consent of the owner of the structure and land on which such sign is to be erected if other than the applicant and written consent of the applicant to allow the owner to remove any signs that are not in compliance with the Code; and
(f) 
Documentation establishing the compliance of any electrical devices with current underwriter standards for the particular location and use.
(2) 
Trailer permit. To be complete, an application for a trailer permit shall contain the following information:
(a) 
The name, address and telephone number of the applicant;
(b) 
The location of lot upon which such trailer will be placed and the written authorization of the owner thereof for the placement of such trailer;
(c) 
The length of time such trailer will remain as placed; and
(d) 
The purpose that such trailer serves.
(3) 
Vehicle for sale permit. Permits will be issued for no longer than 60 days, with no more than two permits per calendar year per parcel.
(4) 
Storage of unregistered vehicle permit. The permit will specify a reasonable purpose subject to the approval of the Zoning Administrator, and will be for no more than 180 days. Not more than one permit per calendar year per parcel will be issued.
(5) 
Roadside stand permit. A roadside permit will be issue for a period up to nine months per calendar year. A roadside stand whose size exceeds 25 square feet shall require a permit under § 108-4.3F. Any application for a roadside stand permit shall include:
(a) 
The owner's affirmation that:
[1] 
The roadside stand will offer for sale only agricultural produce and agricultural products.
[2] 
The roadside stand will be located between 25 feet and 125 feet from the edge of the street.
[3] 
The roadside stand will provide direct access from the street to its parking area.
[4] 
The roadside stand will only be used as a seasonal operation and will not be fully enclosed.
(b) 
A drawing to scale identifying the total square footage of the structures, the parking area, the setbacks from the street, and adjacent property lines and uses. The size of the roadside stand shall be no larger than 150 square feet.
(c) 
A list of the produce for sale (e.g., fruits, vegetables).
(d) 
The electrical uses at the roadside stand.
(e) 
The permit fee set forth in the current fee schedule adopted by the Town Board.
(6) 
Home occupation permit. To be complete, an application for a home occupation must contain the following information:
(a) 
A copy of the current certificate of occupancy, if any, for the dwelling unit.
(b) 
The owner's affirmation that:
[1] 
The sixty-percent residency is met.
[2] 
No more than 30% of the gross square feet of the residential structure or 600 square feet, whichever is less, will be devoted to the home occupation.
[3] 
No more than two nonresidents will be employed.
[4] 
No exterior display, storage of materials or other evidence of use, except signs and off-street parking, will be involved.
[5] 
Repair services will be limited to the sale of replacement or repair products, products substantially produced on site, or accessories that are reasonably related to the principal product.
[6] 
No odor, noise, vibration, smoke, dust, heat, or glare exceeding the average level in the immediate vicinity, detectable beyond the property line, will be produced.
[7] 
No use, storage or disposal of any hazardous materials will be involved.
[8] 
No articles will be sold or offered for sale on the premises, except those that are wholly produced, grown, created or assembled on the premises.
(c) 
A drawing to scale, identifying the total square footage of the dwelling unit and any accessory structure, identifying the area within which the home occupation will be conducted.
(d) 
An identification of each of the following:
[1] 
The number of nonresidents to be employed;
[2] 
The estimated number of customers or clients who will be encouraged to enter to conduct business;
[3] 
The estimated number of vehicle trips that will be generated by customers, clients and sales representatives per week and per day;
[4] 
The number and location of parking spaces to be provided;
[5] 
The design and location of all signs; and
[6] 
The specific home occupation use and the particular products that will be sold or offered for sale on the premises.
(e) 
The home occupation registration fee set forth in the current fee schedule adopted by the Town Board.

§ 108-30.7 Other applications.

No application shall be received nor shall any application, if received, be considered by the Zoning Administrator to be complete if there are any existing violations of this chapter by the applicant for the lot contained in said application. The procedures and requirements are as follows:
A. 
Planned unit development PUD concept plan. The Zoning Administrator shall review each application for administrative completeness and compliance with the requirements of this chapter.
(1) 
Within five days of a determination that the application is administratively complete, the Zoning Administrator shall forward the application to the Town Board and the Planning Board.
(2) 
The application, to be complete, shall include:
(a) 
The name and address of the applicant and property owner(s) if other than the applicant.
(b) 
The Tax Map, section and lot number of each lot contained in the application.
(c) 
A written statement describing the nature of the proposed use and how it will serve to implement the intent and purposes of this chapter.
(d) 
A sketch plan to scale, showing:
[1] 
The size of the lot, and the zoning district in which it is located;
[2] 
The scale, density and intensity of each proposed use and all existing uses on such lot;
[3] 
The location of all existing and proposed uses on the lot;
[4] 
The type and location of sewer and water service to the existing and proposed use;
[5] 
The existing and proposed points of vehicular access;
[6] 
The existing and proposed location of all pedestrian circulation and access;
[7] 
The approximate location and size of all required and proposed off-street parking;
[8] 
Any environmental concern as identified in § 108-4.5I that is located on or adjoins such lot;
[9] 
Any historic district, area, place or asset as identified in § 108-4.6 that is located on, or adjoins, such lot; and
[10] 
Any scenic district or road as identified in § 108-4.7 that is located on, or adjoins, such lot.
(e) 
A completed long-form environmental assessment form.
(f) 
An agricultural data statement, where applicable.
(3) 
Referral to Planning Board. Within five days of a determination that the application is complete, the Zoning Administrator shall forward a complete copy of the application to the Planning Board for its review and recommendations.
(a) 
The Planning Board shall provide the Town Board with a written recommendation within 62 days from the date of such referral.
(b) 
Such recommendation shall fully set forth the Planning Board's reasons for recommending approval or denial, based on the Comprehensive Plan, the Zoning Map and the subdivision regulations where appropriate.
(c) 
Such recommendation shall include all applicable SEQRA responses for a coordinated review.
(d) 
The Planning Board shall not be required to hold a public hearing on any matter referred to it under these procedures.
(4) 
In an application for a planned unit development pursuant to Article 7, in addition to the above submission requirements, the applicant shall comply with the submission requirements of Article 7 and § 108-5.14, as applicable.
B. 
Subdivision. All subdivision applications shall be made to the Zoning Administrator in the manner and form required by Chapter 96 of this Code. The Zoning Administrator shall forward the application to the Planning Board within five days of determining it to be administratively complete. Any proposed subdivision that is requesting an area variance shall include an application for such variance with the application for subdivision.
C. 
Special use permit. The Zoning Administrator shall review each application for completeness and compliance with the requirements of this chapter.
(1) 
Within five days of a determination that the application is complete, the Zoning Administrator shall forward the application to the Planning Board.
(2) 
The application, to be complete, shall include the same information as is required in § 108-30.7A(2).
(3) 
Any proposed special use permit that is requesting an area variance shall include an application for such variance with the application for special use permit, which shall also be submitted to the Zoning Board of Appeals.
D. 
Site plan approval. Prior to the filing of any application for site plan approval or amendment to a previously approved site plan, the applicant shall request in writing that the Zoning Administrator schedule a presubmission conference.
(1) 
Presubmission conference.
(a) 
Any written request shall include:
[1] 
A cover letter addressed to the Zoning Administrator requesting a presubmission conference and listing all attachments;
[2] 
One copy of a completed Part 1 of the full environmental assessment form providing all project information for the proposed land use; and
[3] 
Three copies of a site plan to scale, conceptually describing each of the following elements to the extent that they are included in the proposed land use:
[a] 
Existing conditions: Tax Map information, zoning information and sufficient topographical information, based on current USGS maps, to adequately describe the current environmental conditions prevailing on and around the lot;
[b] 
Site development:
[i] 
Parking: number of vehicles, impervious surface area and circulation included in any off-street parking;
[ii] 
Means of access: locations, interior vehicle circulation, street or highway name on which the lot fronts, pedestrian circulation;
[iii] 
Screening: location, height, material and purpose;
[iv] 
Signs: location, size and purpose;
[v] 
Landscaping: location, extent, height and purpose;
[vi] 
Architectural features, location and dimensions of buildings: length, width, height, number of stories and total floor area;
[vii] 
Physical features required for protect of adjacent lands; and
[viii] 
Infrastructure proposed.
[c] 
Adjacent land uses: identify each of the following that is on or adjacent to the lot:
[i] 
Environmental elements as identified in § 108-4.5I;
[ii] 
Historic districts, areas, places or assets as identified in § 108-4.6; and
[iii] 
Scenic districts or roads as identified in § 108-4.7.
[4] 
Any proposed site plan that is requesting an area variance shall include an application for such variance with the written request for a presubmission conference.
(b) 
The Zoning Administrator shall review such application and make a determination as to the consistency of the proposed use with the scale and density requirements of this chapter. The Zoning Administrator shall advise the applicant of any discrepancies or conflicts and shall provide the applicant the opportunity to amend prior to the scheduled presubmission conference or to withdraw the written request.
[Amended 8-24-2009 by L.L. No. 2-2009]
(c) 
Within 30 days of the date of such request, the Zoning Administrator, in consultation with the Planning Board, shall establish a workshop meeting or alternate time, date and place for said conference and so advise the applicant.
(2) 
Site development review:
(a) 
Date of filing. All applications for site development review shall be filed with the Zoning Administrator.
[1] 
The Zoning Administrator shall examine each application for administrative completeness and, upon a finding that such application is administratively complete, the Zoning Administrator shall sign and date the same. Such date shall be deemed to be the date of filing for site plan approval.
[2] 
Upon signing said application, the Zoning Administrator shall forward such administratively complete application to the Planning Board.
[a] 
If the date of filing is 15 or more days prior to the next scheduled workshop meeting of the Planning Board, the application shall be placed on the agenda for said workshop meeting.
[b] 
If the date of filing is less than 15 days prior to the next scheduled workshop meeting of the Planning Board, it shall be placed on the agenda for the next workshop meeting following said meeting.
(b) 
Application contents.
[1] 
Any application for site plan approval, to be complete, shall contain the following documentation:
[a] 
One copy of each document contained in the presubmission conference request;
[b] 
One copy of each document issued by the Planning Board as a result of the presubmission conference;
[c] 
One copy of each response received from referrals;
[d] 
One complete set of site development documentation, prepared, signed and sealed by a professional licensed to practice in the State of New York, fully describing each of the elements of § 108-9.4 identified in the presubmission conference, to the extent necessary for construction purposes.
[i] 
All drawings and specifications shall be developed to construction document quality.
[ii] 
Only those site development documents that relate to the specified elements of § 108-9.4 shall be included, with appropriate explanations for any nonrelevant pages, sections or sheets that interrupt the sequence of identification.
[iii] 
Each site development document shall bear the following information for identification:
[A] 
The title of the project;
[B] 
The street location of the project followed by the words "Town of Hyde Park, Dutchess County, New York";
[C] 
The names and addresses of the property owner, the applicant, the project developer and the licensed professionals responsible for the preparation of the site development documents;
[D] 
The document title of the particular portion of the project to which each document relates;
[E] 
The tax section map lot number for each lot contained in the application;
[F] 
A unique alpha/numeric designation for each page, section or sheet of the documentation;
[G] 
The scale of each drawing;
[H] 
A North arrow for each plan view;
[I] 
The date when the document was prepared and the dates and identification of each subsequent revision thereto; and
[J] 
The seal and signature of each licensed professional involved in the preparation of said document.
[2] 
Upon notification that the Zoning Administrator has signed and dated the application for site development review as complete, the applicant shall deliver seven additional copies of such complete application to the Planning Board office for use during its review.
E. 
Adult entertainment use shall also include:
(1) 
A copy of any current certificate of occupancy.
(2) 
The owner's affirmation that:
(a) 
All minors will be excluded by reason of age and that suitable notice and enforcement of this requirement will be identified;
(b) 
No loudspeakers or sound equipment will be employed that can be discerned by a person in any public or semipublic area not on the subject lot;
(c) 
No odor, noise, vibration, smoke, dust, heat, or glare that exceeds the average level in the immediate vicinity, and detectable beyond the property line of subject lot, will be produced; and
(d) 
No use, storage or disposal of any hazardous material will be involved.
(3) 
An identification of each of the following:
(a) 
The scale of the proposed use;
(b) 
The number of persons to be employed;
(c) 
The estimated number of vehicle trips that will be generated by customers, clients and sales representatives per week and per day;
(d) 
The number and location of parking spaces to be provided;
(e) 
The location and design of all signs proposed; and
(f) 
The specific use type or subtype for which the application is being made.
(4) 
A drawing to scale identifying the total square footage of the building, any accessory structure, and the lot which will be devoted to the adult entertainment use, and all of the following uses within 500 feet of the subject lot:
(a) 
Business use for civic or cultural purposes.
(b) 
Assembly use for park, playground, scenic, historic, civic or cultural purposes.
(c) 
Assembly, worship use.
(d) 
Assembly, education use.
(e) 
Community use for day-care purposes.
(f) 
Any scenic resource identified in this chapter.
F. 
Referrals. The Zoning Administrator shall forward one copy of any administratively complete application to each of the following, as applicable:
(1) 
Dutchess County Department of Planning and Development. A full statement of the proposed action, as defined in § 239-m of the General Municipal Law.
(2) 
Dutchess County Department of Public Works or the Regional Office of the New York State Department of Transportation, as applicable. Any application that proposes development or improvement of an access to a county or state highway shall be forwarded to the appropriate agency for its review and comment.
(3) 
Town of Hyde Park Fire Inspector. Any site plan application involving buildings shall be forwarded to the Fire Inspector for his review and comment regarding any applicable requirements of Chapter 57 of this Code.
G. 
Time limit. Each agency to which a referral is made shall be permitted 30 calendar days, from the date of such referral, in which to respond.
(1) 
The Zoning Administrator shall append such response to the applicable documentation.
(2) 
The Zoning Administrator shall forward a copy of such response to the applicant.
(3) 
If such response is not received by the Zoning Administrator within such thirty-day period, the application shall be deemed complete without such report.
H. 
For the purpose of maintaining accurate and current data for its records and for professional review by its consultants, and to evaluate such data in the context of a geographic information system, the Planning Board may, in its discretion, require that plans, maps and other data required for planned unit development, special use permit and site plan applications under this chapter, and all updates and revisions to such plans, maps and data, be submitted in an electronic format in addition to the otherwise required paper submissions.
[Added 2-25-2008 by L.L. No. 1-2008]
(1) 
The Planning Board may waive the electronic format submission requirement for particular applications or types of applications where the electronic data would not be useful to the Board or its consultants in their review of the application.
(2) 
The Planning Board may from time to time specify the specific format and type of electronic submission it requires for each type of application.
(3) 
The Planning Board may waive the electronic format submission requirement upon a showing upon competent evidence that the requirement will cause the applicant substantial economic hardship.

§ 108-31 (Reserved)

§ 108-32 ARTICLE 32: CERTIFICATES OF OCCUPANCY

§ 108-32.1 Certificate of occupancy required.

Pursuant to § 10 of the Statute of Local Government and § 10 of the Municipal Home Rule Law, the certificate of occupancy is hereby established as the authorizing document for the height, number of stories and size of buildings and other structures, the percentage of lot occupied, the size of yards, courtyards, and other open spaces, the density of population, and the location and use of buildings, structures and land for trade, industry, residence or other purposes in the Town of Hyde Park.
A. 
It shall be unlawful for an owner to use or permit the use of any land for trade, structure, or part thereof, hereafter created, erected, changed, converted or enlarged, wholly or partly in its use or occupancy, until a certificate of occupancy shall have been issued by the Building Inspector.
B. 
It shall be the duty of the Building Inspector to issue a certificate of occupancy, upon finding:
(1) 
That the Zoning Administrator has confirmed that all proposed uses conform in all material respects to the requirements of this chapter and that the project as built complies in all material respects with the approved site plan, where applicable;
[Amended 8-24-2009 by L.L. No. 2-2009]
(2) 
In the case of construction or alteration of a structure that the Building Inspector has inspected the structure and certified that it has been constructed or altered in accordance with the building permit and the State Building Code;
(3) 
That all requirements of Chapter 40 have been met; and
(4) 
That all applicable fees have been paid.
C. 
A certificate of occupancy shall state that such use is in complete conformity with the provisions of this chapter.
(1) 
Such certificate shall specify each particular use, any conditions of occupancy and the scale and density found to be conforming.
[Amended 8-24-2009 by L.L. No. 2-2009]
(2) 
Such certificate shall identify by reference or attachment each of the following, as applicable:
(a) 
Any special use permit;
(b) 
Any variance;
(c) 
Any site plan approval;
(d) 
Any license or registration; and
(e) 
Any building, sign, trailer or other permit.
D. 
A certificate of occupancy shall be deemed to authorize and is required for both the initial and continued use of the land or structure to which it applies and shall continue in effect as long as such use is in full conformity with the provisions of this chapter and any requirements made pursuant thereto.
(1) 
Any change in type, or subtype, of use shall require a new certificate of occupancy.
(2) 
Any change in the scale or density shall require a new certificate of occupancy.
[Amended 8-24-2009 by L.L. No. 2-2009]
E. 
Application. Application for a certificate of occupancy shall be made in writing to the Building Inspector in the form and manner prescribed in Article 30, together with the fee set forth in the fee schedule adopted by the Town Board.
F. 
Revocation. If the Building Inspector or Zoning Administrator determines that a violation of this chapter is occurring on a lot, he shall serve a notice of violation and revocation on the owner of such lot.
(1) 
Such notice shall be in writing and shall state the nature of the violation and shall be served upon the person to whom it is directed:
(a) 
By delivering it personally to him;
(b) 
By posting the same upon a conspicuous portion of the premises and mailing the notice to the last known address of the person; or
(c) 
By sending a copy of such notice by registered mail to the last known address of the person.
(2) 
In the event that such violation continues for a period of five days after the service of such notice as herein set forth, the Building Inspector or Zoning Administrator shall revoke the certificate of occupancy and any related license, permit or other authorization issued pursuant to this chapter.
(3) 
In the event that such violation shall continue after the revocation of the certificate of occupancy and any related license, permit or other authorization, the Zoning Administrator shall issue an appearance ticket for unlawful use of land or structures in the Town and so notify the Town Board.
(4) 
Notwithstanding any of the foregoing provisions, any license may be revoked by the Zoning Administrator after the licensee has been found guilty in any court of competent jurisdiction of violating any provision of this chapter.
(5) 
After such violation has been remedied and/or corrected, a new certificate of occupancy may be applied for. After such new certificate of occupancy has been obtained, any related license, permit or other authorization that has been revoked may be reissued by the Zoning Administrator.

§ 108-32.2 Temporary certificates of occupancy.

Upon request, the Building Inspector, with the concurrence of the Zoning Administrator, may issue a temporary certificate of occupancy for a building or structure or part thereof before the entire work covered by the building permit shall have been completed, provided that such portion or portions as have been completed may be occupied safely without endangering life or public welfare.
A. 
Such request shall be in writing and signed by the person to whom the subject building permit was issued.
B. 
As a condition of the grant of a temporary certificate of occupancy, the Planning Board, upon recommendation from the Zoning Administrator, may require the owner to provide a letter of credit or other equivalent security to the Town sufficient to cover the cost of the completion of the project, as estimated by the Planning Board or a Town department designated by the Planning Board to make such estimate.
(1) 
The owner shall provide at least one bona fide proposal from a contractor acceptable to the Planning Board for each element of infrastructure or improvement that the owner proposes to construct or complete subsequent to receiving a temporary certificate of occupancy.
(2) 
Such proposal shall include the cost for constructing or installing that portion of the improvement and a date by which such construction or installation is to be completed and any other special conditions on which such proposal may be contingent.
(3) 
Such proposal shall be considered by the Planning Board in the preparation of such estimate.
(4) 
Such security shall be provided to the Town pursuant to the provisions of § 96-16.

§ 108-32.3 Reissuance fee.

Upon written request from the owner, and payment to the Town of the amount specified in Article 36, the Building Inspector shall issue a copy of the currently valid certificate of occupancy for the lot in question. In the event that the Building Inspector shall determine that there is no currently valid certificate of occupancy, such use shall be deemed to be new, and a new certificate of occupancy shall be required.

§ 108-33 ARTICLE 33: ZONING BOARD OF APPEALS

§ 108-33.1 Establishment.

Pursuant to Article 16, § 267, of the Town Law, a Zoning Board of Appeals is hereby created consisting of five members. The Town Board shall designate the Chairperson of the Zoning Board of Appeals.

§ 108-33.2 General powers and duties.

The Zoning Board of Appeals shall have all the powers and duties prescribed by law and by this article. Such powers and duties are summarized and more particularly specified as follows, provided that none of the following sections shall be deemed to limit in any degree those powers of the Zoning Board of Appeals conferred by general law.

§ 108-33.3 Original jurisdiction.

A. 
The Zoning Board of Appeals shall hear and decide all matters referred to it or upon which it is required to pass under this chapter or any other chapter of this Code. This shall include variances. Area variances for special use permits, subdivisions and site plans are original jurisdiction and the same standards shall prevail.
B. 
On request from any official or agency of the Town, the Zoning Board of Appeals shall decide any question involving the interpretation of any provision of this chapter, including determination of the exact reference to the requirements in § 108-3.3.

§ 108-33.4 Appellate jurisdiction.

The Zoning Board of Appeals shall hear and decide appeals from and review any order, requirement, decision or determination made by an administrative official charged with the enforcement of this chapter. Such appeal may be taken by any person aggrieved or by any officer, department, board or bureau of the Town. Any appeal taken by an aggrieved person shall be accompanied by the fee set forth in the fee schedule adopted by the Town Board.
A. 
Interpretation. The Zoning Board of Appeals, on appeal from a construction of the regulations of this chapter, taken by an enforcement official, shall have the power to interpret such regulations.
B. 
Use variance. The Zoning Board of Appeals, on appeal from the decision or determination of the Zoning Administrator, shall have the power to grant use variances for the use of land for a purpose which is otherwise not allowed or is prohibited by this chapter.
C. 
Area variance. The Zoning Board of Appeals, on appeal from a decision or determination of the Zoning Administrator, shall have the power to grant area variances for the use of land in a manner which is not allowed by the dimensional or physical requirements of this chapter.
D. 
Relief from the provisions of other chapters of this Code, including Chapter 60, Flood Damage Prevention: appeals and variances.
[Amended 8-24-2009 by L.L. No. 2-2009]
E. 
The Zoning Board of Appeals may reverse or affirm, wholly or partly, or may modify the order, requirement, decision, interpretation or determination appealed from and shall make such order, requirement, decision, interpretation or determination as in its opinion ought to have been made in the matter by the Zoning Administrator and to that end shall have all the powers of the administrative official from whose order, requirement, decision, interpretation or determination the appeal is taken.

§ 108-33.5 Review procedure.

A. 
Appellate jurisdiction. All appeals shall be taken within 60 calendar days after the filing of any order, requirement, decision, interpretation or determination of the Zoning Administrator by filing with such officer and with the Zoning Board of Appeals a notice of appeal, specifying the grounds thereof and the relief sought. The Zoning Administrator shall forthwith transmit to the Zoning Board of Appeals all the papers constituting the record upon which the action appealed from was taken.
B. 
SEQRA. The Zoning Board of Appeals shall be the lead agency in any action initiated under these procedures.
C. 
Public hearing. The Zoning Board of Appeals shall conduct a public hearing within 62 days from the date that the application, or notice of appeal, is received and give public notice thereof by publication in the official paper of a notice of such hearing, at least five days prior to the date thereof, and shall, at least five days before such hearing, mail notices thereof to:
[Amended 8-24-2009 by L.L. No. 2-2009]
(1) 
The parties;
(2) 
The owners of the properties within 150 feet of all property lines of the subject property;
(3) 
The regional state park commission having jurisdiction over any state park or parkway within 500 feet of all property lines of the subject property;
(4) 
The Dutchess County Planning Department as required by § 239-m of the General Municipal Law; and
(5) 
The owners of land as identified by the applicant in any agriculture data statement.
D. 
Decisions. The Zoning Board of Appeals shall decide upon any appeal or other matter within 62 days after the final hearing thereon.
(1) 
Every rule, regulation, every amendment or repeal thereof, and every order, requirement, decision or determination of the Zoning Board of Appeals shall be filed in the office of the Town Clerk within five business days and shall be a public record.
(2) 
The decision of the Zoning Board of Appeals on any appeal shall be filed in the office of the Town Clerk within five business days after the day such decision is rendered, and a copy thereof mailed to the applicant.
(3) 
Every decision of the Zoning Board of Appeals shall be recorded in accordance with standard forms adopted by the Board and shall fully set forth:
(a) 
The circumstances of the case; and
(b) 
The findings on which the decision was based.
E. 
Imposition of conditions. The Zoning Board of Appeals shall, in the granting of any variance, have the authority to impose such reasonable conditions and restrictions as are directly related to and incidental to the proposed use of the property. Such conditions shall be consistent with the spirit and intent of this chapter, and shall be imposed for the purpose of minimizing any adverse impact such variance may have on the general neighborhood or community.
F. 
Lapse provision.
[Amended 8-24-2009 by L.L. No. 2-2009]
(1) 
Variances run with the land. In order to ensure that, in the event conditions have changed after a significant delay in commencing the activity authorized by a variance, the Zoning Board of Appeals will have the opportunity to reappraise the proposal by the applicant in light of the then-existing facts and circumstances, any variance under which the authorized activity has not commenced within one year from the date of issuance is hereby declared to be revoked without further hearing or action by the Zoning Board of Appeals. This shall include any variance issued or granted prior to the enactment of this amended chapter.
(2) 
The Zoning Board of Appeals may, in its discretion, after conducting a public hearing, grant an extension to a variance. The applicant shall submit a written request not less than 30 days prior to the variance date of expiration, requesting an extension for a specified time and the reason therefor. In granting the extension, the Zoning Board of Appeals may require revision of the previously approved variance to comply with current regulations and conditions.
(3) 
The Zoning Board of Appeals shall render a decision, in writing, to the applicant and the other appropriate agencies within 45 days of closing the public hearing; provided, however, that the time within which the Zoning Board of Appeals must render its decision may be extended by mutual consent of the applicant and the Board.

§ 108-33.6 Standards for decisions.

A. 
Original jurisdiction. The Zoning Board of Appeals shall consider the standards applicable to the particular matter upon which it is required to pass under this chapter.
B. 
Appellate jurisdiction.
(1) 
Use variances. No use variance shall be granted by the Zoning Board of Appeals without a showing by the applicant that the regulations and restrictions of this chapter have caused unnecessary hardship.
(a) 
In order to prove such unnecessary hardship, the applicant shall demonstrate to the Zoning Board of Appeals that for each and every permitted use under this chapter applicable to the particular district where the property is located:
[1] 
The applicant cannot realize a reasonable return, provided that lack of return is substantial as demonstrated by competent financial evidence;
[2] 
The alleged hardship relating to the property in question is unique, and does not apply to a substantial portion of the district or general neighborhood;
[3] 
The requested use variance, if granted, will not alter the essential character of the neighborhood; and
[4] 
The alleged hardship has not been self-created.
(b) 
The Zoning Board of Appeals, in the granting of any use variance, shall grant the minimum variance that it shall deem necessary and adequate to address such unnecessary hardship proven by the applicant, and at the same time preserve and protect the character of the general neighborhood and the health, safety and welfare of the Town.
(2) 
Area variance. The Zoning Board of Appeals, in making its determination, shall take into consideration the benefit to the applicant if the variance is granted, as weighed against the detriment to the health, safety and welfare of the general neighborhood or community by such grant.
(a) 
The Zoning Board of Appeals, in making its determination, shall also consider:
[1] 
Whether an undesirable change will be produced in the character of the general neighborhood or a detriment to nearby properties will be created by the granting of such area variance;
[2] 
Whether the benefit sought by the applicant can be achieved by some method, feasible for the applicant to pursue, other than an area variance;
[3] 
Whether the requested area variance is substantial;
[4] 
Whether the proposed area variance will have an adverse effect or impact on the physical or environmental conditions in the general neighborhood or district; and
[5] 
Whether the alleged difficulty was self-created, which consideration shall be relevant to the decision of the Zoning Board of Appeals, but shall not necessary preclude the granting of the area variance.
(b) 
The Zoning Board of Appeals, in the granting of any area variance, shall grant the minimum variance that it shall deem necessary and adequate and at the same time preserve and protect the character of the general neighborhood and the health, safety and welfare of the Town.

§ 108-33.7 Alternate members.

[Added 8-6-2012 by L.L. No. 5-2012]
A. 
Alternate members of the Zoning Board of Appeals may be appointed by the Town Board and designated by the Chairman of the Zoning Board of Appeals in accordance with the provisions of this section when a regular member of the Zoning Board of Appeals is unable to participate on an application or matter before the respective board as set forth herein.
B. 
The Town Board shall appoint two alternate members to the Zoning Board of Appeals who shall serve for a term of two years. One alternate member shall be designated as the "first alternate Zoning Board of Appeals member," and the other alternate member shall be designated as the "second alternate Zoning Board of Appeals member." No more than two alternate members may serve at any time on the Zoning Board of Appeals. The term of any alternate member shall cease on December 31 in the year after the initial appointment of that member regardless of whether he or she has served a full 24 months.
C. 
The Chairperson of the Zoning Board of Appeals may designate the first alternate Zoning Board of Appeals member to substitute for a member of the Zoning Board of Appeals when such member is unable to participate on an application or matter before the Board due to conflict of interest or other ethical consideration which results in a recusal of that Board member from acting on the particular application before the Board. If the first alternate Zoning Board of Appeals member is unable or unwilling to act, the Zoning Board of Appeals shall designate the second alternate Zoning Board of Appeals member to act. When designated, the alternate member shall possess all the powers and responsibilities of such regular member of the Board. Such designation shall be entered into the minutes of the initial Zoning Board of Appeals meeting at which the substitution is made. The appointed alternate member shall participate as a member of the Zoning Board of Appeals with respect to the particular application only until final action has been taken on the particular application.
D. 
All provisions of state and local laws relating to Zoning Board of Appeals eligibility, vacancy in office, removal, compatibility of office and service on other boards, as well as any provisions of New York State Town Law or a local law or ordinance relating to training, continuing education, compensation and attendance shall apply to alternate members.

§ 108-34 ARTICLE 34: AMENDMENTS

§ 108-34.1 Procedure.

A. 
The Town Board may, from time to time, on its own motion, on petition or on recommendation of the Planning Board, amend, supplement or repeal the regulations and provisions of this chapter in the manner provided by the Town Law or the Municipal Home Rule Law. Any petition by a private party for a rezoning shall be accompanied by the fee set forth in the fee schedule adopted by the Town Board.
[Amended 8-24-2009 by L.L. No. 2-2009]
B. 
Referrals. The Town Clerk shall forward one copy of the proposed amendment to each of the following as applicable:
(1) 
The Dutchess County Department of Planning and Development: a full statement of the proposed action, as defined in § 239 of the General Municipal Law.
(2) 
Municipalities: the Town Board of each of the Towns of Lloyd, Esopus, Rhinebeck, Clinton, Pleasant Valley and Poughkeepsie.
(3) 
Transportation: the NYS Department of Transportation; Dutchess County Department of Public Works; Poughkeepsie-Dutchess County Transportation Council and Metro-North.
C. 
Planning Board report. Every such proposed amendment or change, whether initiated by the Town Board or by petition, shall be referred to the Planning Board for its report thereon before the public hearing provided for by the Town Law.
(1) 
The date of the Town Board resolution to refer such proposed amendment or change to the Planning Board shall be deemed to be the initiation of proceedings. Failure on the part of the Planning Board to report its recommendation to the Town Board within 45 days after initiation of proceedings therefor shall be deemed approval thereof, unless such proceedings have been previously terminated by the Town Board or the petitioner.
(2) 
In recommending the adoption of any such proposed amendment, the Planning Board shall:
(a) 
State its reasons for such recommendation; describing any condition that it believes makes the amendment advisable.
(b) 
Specifically set forth the manner in which, in its opinion:
[1] 
The amendment would be in harmony with the Comprehensive Plan; and
[2] 
The amendment would be in furtherance of the purposes set forth in Article 1 of this chapter.
(3) 
In recommending the rejection or revision of any proposed amendment, the Planning Board shall similarly state its reasons.
D. 
SEQRA. The Town Board shall be considered to be the lead agency in any action initiated under these procedures.
E. 
Decision. No amendment of this chapter, of whatever nature, that has not been approved by the Planning Board shall be adopted except by at least a super-majority vote (four Town Board members) of the Town Board, provided that failure on the part of the Planning Board to report to the Town Board its recommendation on any proposed amendment initiated by proposed resolution or amendment of the Town Board within 45 days after initiation of proceedings therefor shall be deemed to be approval thereof, unless such proceedings have heretofore been terminated.

§ 108-35 ARTICLE 35: PENALTIES AND REMEDIES

§ 108-35.1 Penalties for offenses.

A. 
The erection, construction, reconstruction, alteration, conversion, maintenance, use or division of land, or occupancy of said building, structure or land, or any act, conduct, business or use in or about such premises contrary to any of the provisions of this chapter shall be and the same is hereby declared to be unlawful.
B. 
Any person who violates or is accessory to the violation of any provisions or requirements of this chapter, or who erects, constructs, alters, enlarges, converts, or moves any use of land, water or structure in violation of a detailed statement or plan submitted and approved under the provisions of the chapter, or who fails to obey and/or comply with any order, decree, or decision of either the Planning Board, Zoning Board of Appeals, Zoning Administrator or the Town Board, shall be guilty of an offense and shall be liable to a fine not exceeding $350 or imprisonment for a period not to exceed 15 days, or both. For conviction of a second offense which was committed within a period of five years of the first offense, such person shall be punishable by a fine not less than $350 nor more than $700 or imprisonment for a period not to exceed 15 days, or both; and, upon conviction for a third or subsequent offense committed within a period of five years of the first offense, such person shall be punishable by a fine not less than $700 nor more than $1,000 or imprisonment for a period not to exceed 15 days, or both. However, for the purpose of conferring jurisdiction upon courts and judicial officers generally, violations of this chapter shall be deemed misdemeanors, and for such purpose only all provisions of law relating to misdemeanors shall apply to such violations.
C. 
Each week's continued violation shall constitute a separate additional offense.
D. 
In case any building or structure is erected, constructed, reconstructed, altered, converted or maintained, or any building, structure or land is used, or any land is divided into lots in violation of this chapter, the Zoning Administrator, in addition to other remedies, may institute any appropriate action or proceedings to prevent such unlawful erection, construction, reconstruction, alteration, conversion, maintenance, use or division of land, to restrain, correct or abate such violation, to prevent the occupancy of said building, structure or land, or to prevent any illegal act, conduct, business or use in or about such premises; and upon the failure or refusal of the Zoning Administrator to institute any such appropriate action or proceeding for a period of 10 days after written request by a resident taxpayer of the Town so to proceed, any three taxpayers of the Town residing in the district wherein such violation exists, who are jointly or severally aggrieved by such violation, may institute such appropriate action or proceeding in like manner as such Zoning Administrator is authorized to do.
[Amended 8-24-2009 by L.L. No. 2-2009]
(1) 
The Zoning Administrator shall first serve notice as specified in § 108-32.1 of this chapter.
(2) 
The Zoning Administrator shall proceed with revocation of the certificate of occupancy pursuant to § 108-32.1.
(3) 
The Zoning Administrator shall notify the Town Board of the issuance of any appearance ticket or any other action.
E. 
In addition to the criminal penalties set forth herein or in other applicable law, rule or regulation, the Town may pursue civil and equitable relief, including but not limited to an action to recover compensatory damages or civil penalties in the amount of $500 per week of continued violation or any part thereof, an action to compel compliance with or to restrain by injunction the violation of this chapter, including an injunction, mandamus or abatement, or any other appropriate action to prevent, enjoin, abate or remove such unlawful use. Any civil monetary penalty awarded may be added to the tax bill of the property where the violation has occurred and shall be collected in the same manner.
[Added 8-24-2009 by L.L. No. 2-2009]
F. 
The remedies provided for herein are cumulative and not exclusive and shall be in addition to any other remedies provided by law.
G. 
In addition to the above-mentioned penalties and punishment, the Town Board may also maintain an action or proceeding in the name of the Town in a court of competent jurisdiction to compel compliance with or to restrain by injunction any violation of this chapter.

§ 108-35.2 Court review.

Any person or persons, jointly or severally aggrieved by any decision of the Town Board, Planning Board, Zoning Board of Appeals, Zoning Administrator or Building Inspector pursuant to this Chapter 108 or Chapter 96 of this Code, may apply to the Supreme Court for review by a proceeding under Article 78 of the Civil Practice Law and Rules, provided the proceeding is commenced within 30 days after the filing of the decision in the Office of the Town Clerk.

§ 108-36 ARTICLE 36: EXPENSES, ESCROW DEPOSITS AND RECREATION FEES

§ 108-36.1 SEQRA expenses.

A. 
SEQRA expenses. When an action subject to SEQRA involves an application before the Town Board, the Planning Board or the Zoning Board of Appeals, the reviewing board may, if such reviewing board is the lead agency, charge a fee to the applicant to recover the actual cost to the Town of preparing and reviewing the EAF, EIS, the SEQRA findings, notices and all other requirements that are incidental to the SEQRA review process. Such fees may be imposed on the applicant by the lead agency and shall not exceed the amounts allowable under 6 NYCRR 617.17(b) through (d). Such fees may be imposed on an applicant for costs incurred by the Town for professional review services. For the purpose of this section, professional review services shall be defined as but not limited to those services provided by engineers, lawyers, architects, landscape designers, certified surveyors, property appraisers, planners and related professionals. Said monies shall be deposited in escrow and governed pursuant to the provisions of § 108-36.3 of this chapter.
B. 
Negative declaration. In all cases where the Town Board, the Planning Board or the Zoning Board of Appeals approves a negative declaration in connection with an action governed by SEQRA, the actual cost of professional review services provided to the reviewing board between the time of receipt of the application and the final determination on the requested action by the reviewing board may be imposed on the applicant in the same manner as prescribed in Subsection A herein. The costs to the applicant imposed under this subsection for preparation of the negative declaration shall not exceed the limit set forth in 6 NYCRR 617.17(b) through (d).

§ 108-36.2 Inspection expenses.

Prior to commencement of any work in a development with a road that has site plan approval, the developer shall deposit into an escrow account a sum of money to be determined by the Town Board. Said sum shall be based on the estimated cost to the Town of professional review of the proposed road construction work. The Town Board may consider available surveys of professional review expenses in determining the initial sum of money to be deposited in an escrow account by the developer. Said sum of money shall be used to cover the reasonable and necessary costs of professional review of the road construction work. Costs may include consultant fees for engineering, legal and other professional technical services required for a proper and thorough inspection of the road construction. Said monies shall be deposited in escrow and governed pursuant to the provisions of § 108-36.3 of this chapter.

§ 108-36.3 Professional review expenses.

A. 
Escrow. In connection with any application for a special permit, site plan approval, subdivision approval, zoning amendment, other local law change, planned unit development, use variance, area variance, interpretation, or other land use application or appeal, the reviewing board may, in addition to the requirements of §§ 108-36.1 and 108-36.2 relating to SEQRA and inspections, require an applicant to deposit an initial sum of money into an escrow account in advance of the review of the application. Said sum shall be based on the estimated cost to the Town of professional review of the particular type of application before it. The reviewing board may consider the professional review expenses incurred by neighboring municipalities in reviewing similar applications. The reviewing board may also consider available surveys of professional review expenses in determining the initial sum of money to be deposited in an escrow account by the applicant. For the purpose of this section, professional review services shall be defined as, but not limited to, those services provided by engineers, lawyers, architects, landscape designers, certified surveyors, property appraisers, planners and related professionals.
B. 
Said escrow shall be used to pay the reasonable and necessary costs of a proper and thorough professional review of the application. The review expenses provided for herein are in addition to application or administrative fees required pursuant to other provisions of this chapter and the Town Code. Money deposited by applicants pursuant to this section shall not be used to offset the Town's general expenses of professional services for the several boards of the Town or its general administrative expenses. The review and escrow requirements governed by this section shall include environmental review pursuant to SEQRA and the provisions of § 108-36.1.
C. 
The initial deposit by the applicant shall be in the amount set forth in the current schedule of fees adopted by the Town Board. The applicant shall be required to deliver said amount, or such other amount as is determined appropriate by the reviewing board, to the Town Supervisor for deposit in a Town of Hyde Park non-interest-bearing escrow account maintained by the Town of Hyde Park for custody of funds collected pursuant to this section. Said escrow deposit must be paid prior to the first appearance before any board.
D. 
In the event that the previously established escrow fees are insufficient to pay for the necessary charges, then the Board before whom the applicant is appearing shall require additional payments to be made to the escrow fund, and until such payment is made by the applicant, the Board shall neither place said application on the agenda or review said application.
E. 
Upon receipt and approval by the Town Board of itemized vouchers from consultants for services rendered on behalf of the Town regarding a particular application, the Town Supervisor shall cause such vouchers to be paid out of the monies so deposited, and shall debit the separate record of such account accordingly. The consultant shall make copies of such vouchers available on request to the applicant at the same time the vouchers are submitted to the Town.
F. 
The Town Board shall review and audit all such vouchers and shall approve payment of only such consultant charges as are reasonable in amount and necessarily incurred by the Town in connection with the review and consideration of applications. A charge or part thereof is reasonable in amount if it bears a reasonable relationship to the average charge by consultants to the Town for services performed in connection with the review of a similar application. In auditing the vouchers, the Town Board may take into consideration the size, type and number of buildings to be constructed, the topography of the site at issue, environmental conditions at such site, the infrastructure proposed in the application and any special conditions the Town Board may deem relevant. A charge or part thereof is necessarily incurred if it was charged by the consultant for a service which was rendered in order to protect or promote the health, safety, or other vital interests of the residents of the Town, and protect public or private property from damage. In no event shall any applicant make direct payment to any Town consultant.
G. 
If at any time during the processing of an application there shall be insufficient monies on hand to the credit of an applicant to pay the approved vouchers in full, or if it shall reasonably appear to the reviewing board that such monies will be insufficient to meet vouchers yet to be submitted, the reviewing board shall cause the applicant to deposit additional sums as the board deems necessary or advisable in order to meet such expenses or anticipated expenses.
H. 
In the event the applicant fails to deposit the requested review fees into an escrow account, any application review, approval, permit or certificates of occupancy shall be withheld or suspended by the reviewing board, officer or employee of the Town until such monies are deposited. There will be no conditional approvals given on the basis of future payments to be made. Payment in full must be made prior to the granting of preliminary and final approval. Any costs incurred by the Town for professional services in processing a certificate of occupancy shall be recovered as a fee before said certificate shall be issued. No application to the Town Board, Planning Board or Zoning Board of Appeals shall be accepted, nor shall any building permit or certificate of occupancy be issued, if said applicant has outstanding any fees due the Town from any previous applications.
I. 
The Town Board, the Planning Board or the Zoning Board of Appeals, as applicable, shall not make any final determination in a matter pending before it until all applicable fees and reimbursable costs imposed by the reviewing board on the applicant under authority of this section have been paid to the Town Supervisor with reasonable written proof of such payment delivered to the Chairman or Secretary of the reviewing board.
J. 
Upon completion of the review of an application or upon the withdrawal of an application, and after all fees already incurred by the Town have been paid and deducted from the escrow account, any balance remaining in the escrow account shall be refunded within 60 days after the applicant's request.
K. 
This section shall not apply to area variance applications for one-family residential uses.
L. 
In the event of an applicant's failure to reimburse to the Town funds expended to consultants for professional review fees as provided herein, the following remedies may apply:
(1) 
The Town may seek recovery of billed and unreimbursed fees by bringing an action venued in a court of appropriate jurisdiction, and the applicant shall be responsible to pay the Town's reasonable attorney fees in prosecuting such action in addition to any judgment.
(2) 
Alternatively, and at the sole discretion of the Town Board, an applicant's failure to reimburse the Town for professional review fees expended by the Town shall be collected by charging such sums against the real property that is subject to the permit application and by adding that charge to and making it a part of the next real property tax bill associated with the subject property. Such charges shall be levied and collected at the same time and in the same manner as general Town taxes and such fees shall be paid by the Receiver of Taxes to the Town Supervisor to be applied to the escrow fund from which the costs for consultants' fees are paid. Prior to incorporating such delinquent fees into the real property tax bill, the Town shall send written notice to the applicant's address as contained in the permit application and to the property owner, if other than the applicant, at the owner's address of record as contained in the current assessment roll. Such written notice shall be sent by the Town Supervisor by certified mail, return receipt requested. Such notice shall inform the owner and applicant of the delinquent amount of fees owed to the Town and shall set a date for the owner-applicant's objections to be heard by the Town Supervisor. Such notice shall be mailed or delivered no later than 10 calendar days from the hearing date set forth in the notice unless such time period is waived by the owner-applicant in writing. After the hearing, the Supervisor shall be empowered to correct any errors in the fees owed by the owner or applicant and to extend terms of payment and adequate security of the debt and enter into a written agreement with the owner or applicant to facilitate the payment in full of the fee.
M. 
Determination of payment.
(1) 
In the event of a rezoning of property or other local law by request of the owner, the Town Clerk shall determine from the Town Supervisor if all outstanding professional review fees have been paid by the applicant prior to submitting such rezoning or other local law to the New York State Secretary of State. Such local law shall not be filed with the Secretary of State until such outstanding fees have been reimbursed to the Town or the Town Supervisor has entered into a written agreement with the applicant extending the time of payment of such fees.
(2) 
In the event of a site plan approved by the Planning Board pursuant to § 274-a of the Town Law of New York State, the Planning Board Chairman shall determine from the Town Supervisor if all outstanding professional review fees have been paid by the applicant or the Town Supervisor has entered into a written agreement with the applicant extending the time of payment of such fees prior to affixing his signature to the site plan. All such outstanding consultant fees billed to the applicant during the application process shall be paid in full to the Town prior to the Planning Board Chairman affixing his signature to the site plan.
(3) 
In the event of a subdivision plat approved by the Planning Board pursuant to § 276 of the Town Law of New York State, the Planning Board Chairman shall determine from the Town Supervisor if all outstanding professional review fees have been paid by the applicant or the Town Supervisor has entered into a written agreement with the applicant extending the time of payment of such fees, prior to affixing his signature to the final plat.
N. 
The Supervisor is empowered to delegate to the Planning Board Secretary, the Zoning Board of Appeals Secretary and the bookkeeper the functions of having custody of escrow account records.
O. 
This section shall apply to all land use permit applications and requested local law changes pending before the Town Board, Planning Board or Zoning Board of Appeals when this section is filed with the Secretary of State. All professional review fees incurred by the Town thereafter shall be paid as provided herein.

§ 108-36.4 Recreation fees.

A. 
It is the express intention of the Town Board that this chapter supersede Town Law § 274-a by establishing that the Planning Board shall require that recreation areas be provided to the Town in connection with the approval by the Planning Board of any site plan application for the construction or conversion of multifamily dwelling units and manufactured home parks. It is the further intention and purpose of the Town Board to supersede Town Law § 274-a by establishing that if, in the judgment of the Planning Board, satisfactory and adequate recreation areas cannot be provided, the applicant shall be required to pay a fee set forth in the current schedule of fees adopted by the Town Board to the Town in lieu of providing such recreation areas.
B. 
Before approval by the Planning Board of a site plan showing two or more buildings containing multiple dwelling units or a manufactured home park as defined in this chapter, such site plan shall also show, in proper cases or when required by the Planning Board, a park or parks suitably located for playground or other recreational purposes. If the Planning Board determines that a suitable park or parks of adequate size cannot be properly located on any such site plan or is otherwise not practical, the Board may require as a condition of approval of any such site plan a payment to the Town of a sum established in the current schedule of fees adopted by the Town Board, which sum shall be paid by the applicant to the Town Recreation Trust Fund prior to the Planning Board's approval of such site plan, which sum shall constitute a trust fund to be used by the Town exclusively for neighborhood park, playground or recreation purposes, including the acquisition of property.

§ 108-37 ARTICLE 37: MISCELLANEOUS

§ 108-37.1 Conflict with other laws.

Where this chapter imposes greater restrictions than required by any other law, ordinance, or regulation, the provisions of this chapter shall govern. Where the provisions of any other law, ordinance, or regulation impose greater restrictions than are required by this chapter, the provisions of such law, ordinance or regulation shall govern.

§ 108-37.2 Severability.

If any part of this chapter is declared to be invalid by any court of competent jurisdiction, such decision shall not affect or impair the validity of said chapter as a whole, or any other part of said chapter. The Town Board hereby declares that it would have adopted this chapter and each part thereof irrespective of the fact that any one or more of the parts may be declared invalid.

§ 108-37.3 Repealer.

This chapter is intended to supersede, repeal and annul the Zoning Ordinance of the Town of Hyde Park as enacted December 19, 1979, and amended thereafter.

§ 108-37.4 Exemptions from applicability of regulations.

A. 
Site plan. A site plan approval application shall be exempt from the requirements of this chapter and subject to the 1979 Zoning Ordinance, as amended, if, as of the effective date of this chapter, the Planning Board has adopted a resolution granting conditional site plan approval and said conditional approval has not expired.
B. 
Subdivision. An application for subdivision approval shall be exempt from the requirements of this chapter and Chapter 96, and subject to the 1979 Zoning Ordinance, as amended, and former Chapter A113, if, as of the effective date of this chapter, the Planning Board has approved a resolution granting preliminary subdivision approval for major subdivisions and sketch plan approval for minor subdivisions and said approval has not expired. In addition, one year after final approval has been granted, final plat plans need to be filed.
C. 
To the extent that this section is inconsistent with Town Law §§ 265-a, 267-a, 274-a, 274-b, 276, 277 or any other provision of Article 16 of the Town Law, the provisions of this chapter are expressly intended to and do hereby supersede any such inconsistent provisions.

§ 108-37.5 When effective.

This chapter, together with the Zoning Map, shall take effect upon filing with the Secretary of State.