The following shall apply to bed-and-breakfasts:
A.
The ratio of bathrooms to lodging rooms shall be in
accordance with the requirements of the Department of Health.
B.
Lodging rooms shall not be equipped with individual
kitchens.
C.
Common eating spaces and group kitchens shall conform
to all applicable New York State regulations.
D.
In calculating density, every two lodging rooms, in
excess of four, shall constitute the equivalent of one dwelling unit.
E.
There shall be a resident owner, manager or other
agent of the owner residing on the premises at all times.
Where mixed use projects are permitted, a nonresidential
use, other than a home occupation, also may include residential uses
if the following requirements are met:
A.
Such uses occupy the upper floors or rear of the building.
B.
Such use is not in proximity to or affected by a noxious,
hazardous or noisy nonresidential use.
C.
All applicable off-street parking requirements set
forth herein are met.
D.
No conversion of retired cooler space for dwelling
purposes shall be permitted absent a removal of all aspects that could,
in the judgment of Planning Board, deter ingress and egress, unduly
restrict light and air or otherwise create conditions contrary to
the public health, safety and welfare.
[Amended 6-15-2011 by L.L. No. 2-2011]
A.
Allowable locations.
(1)
Application may be made to the Planning Board for development of
multifamily dwellings in all zoning districts as a special permitted
use, except in the following locations:
(2)
Multifamily dwellings shall be allowed in the AG-1.5 Agricultural
Zoning District on lands that comply with at least one of the following
criteria:
(a)
Lands with direct usable access and frontage on a state or county
highway; or
(b)
Lands with frontage on a Town road where the property's nearest
front boundary corner is not greater than 500 feet from the right-of-way
boundary of a state or county highway, and provided that the primary
access driveway to the multifamily development is located not greater
than 500 feet from the right-of-way boundary of a state or county
highway.
(3)
Multifamily dwellings shall be allowed in the RR-1.5 Rural Residential
Zoning District on lands that comply with at least one of the following
criteria:
(a)
Lands with direct usable access and frontage on a state or county
highway; or
(b)
Lands with frontage on a Town road where the property's nearest
front boundary corner is not greater than 500 feet from the right-of-way
boundary of a state or county highway, and provided that the primary
access driveway to the multifamily development is located not greater
than 500 feet from the right-of-way boundary of a state or county
highway; or
B.
Allowable density.
(1)
The allowable density on any tract of land shall be established by the Planning Board upon the applicant submitting a sketch plat for a conventional subdivision layout for the Planning Board's review. The conventional subdivision layout sketch shall comply with the standards and criteria set forth in § 93-30 in Town Code Chapter 93, Subdivision of Land, and including provisions for stormwater management, water supply and sewage disposal in sufficient detail to evaluate the layout's feasibility.
(2)
Maximum lot area density shall assume dimensional criteria prescribed in Town Zoning Code § 110-10, Schedule of District Regulations, Development Standards, Column A (i.e., on-site sewage and water), in developing the conventional subdivision layout unless the total lot count exceeds 35 lots. The dimensional criteria prescribed in Town Zoning Code § 110-10, Schedule of District Regulations, Development Standards, Column D (i.e., central sewage and water), may be used to develop the conventional subdivision layout for use in determining allowable density for a conventional subdivision development only when:
(3)
Multifamily developments that will provide a communal sewage system, as defined in § 110-6 in the Town Zoning Code, shall not be allowed to apply the dimensional criteria in Town Zoning Code § 110-10, Schedule of District Regulations, Development Standards, Column D, to develop the required conventional subdivision layout, regardless of the total lot count.
(4)
The Planning Board will consider the effect of development constraints
that may be imposed by existing site conditions and natural resources
when conducting the review of the required conventional subdivision
layout sketch in its determination of the number of buildable residential
lots that may be permitted. These development constraints will include,
but not be limited to, wetlands, regulated buffer areas, water bodies
greater than 1/4 acre in area, streams, slopes greater than 15%, easements
and rights-of-way.
(5)
The number of buildable residential lots which may be determined
as acceptable by the Planning Board from such conventional subdivision
layout sketch shall be used to determine the number of dwelling units
permitted in the proposed multifamily development. The number of dwelling
units allowed in a multifamily development shall be determined according
to the following ratio of bedrooms being proposed in the multifamily
dwelling units as follows:
|
Ratio of Allowable Dwelling Units
| |
|---|---|
|
Number of Bedrooms Proposed in Each Multifamily Dwelling
Unit
|
Number of Dwelling Units Allowed per Each Acceptable Conventional
Subdivision Buildable Lot
|
|
1
|
1.67
|
|
2
|
1.33
|
|
3
|
1.00
|
(6)
Any room in a dwelling unit, excepting a kitchen, living room, or
bathroom, that exceeds 70 square feet in habitable floor area shall
be considered a bedroom when applying the ratio of allowable density
units and when meeting minimum design standards as hereinafter specified.
C.
Density bonus. As an incentive to provide additional open space areas
in multifamily developments, the Planning Board may allow a density
bonus to protect and preserve natural resource areas located on or
adjacent to the property, in accordance with the following criteria:
(1)
The density bonus allowed by the Planning Board shall be equal to
a ratio of one-percent increase in dwelling units for every one-percent
increase in additional open space area provided that exceeds the minimum
open space area that is required for multifamily developments.
(2)
The maximum dwelling unit bonus shall not exceed an additional 10%
of the number of dwelling units that may be allowed by the Planning
Board before the density bonus is applied.
(3)
In determining the number of density bonus units, rounding upwards
requires at least a calculated bonus factor of 0.5 dwelling unit or
greater.
D.
Open space and recreation area requirements.
(1)
The applicant shall set aside a minimum of 40% of the total land
area to be designated as open space for the private use and enjoyment
of the multifamily development's residents.
(2)
The applicant shall set aside a minimum of 25% of the open space
area so designated (i.e., equivalent to 10% of the total area of the
property) for use as an area for active recreation activities for
the private use and enjoyment of the multifamily development's residents.
(3)
Land designated as open space shall be permanently maintained, by
dedication to a property owner's association or by deed-restricted
private ownership in a manner and legal form that is acceptable to
the Planning Board. No building shall be occupied until and unless
such arrangements or agreements have been finalized and recorded.
(4)
A license to operate a multifamily development must be issued by
the Town Board upon review after final inspection of a multifamily
development and the issuance of a written certification by the Code
Enforcement Officer that construction has been completed satisfactorily
in accordance with approved plans and specifications. Conditions of
the required operating license are as follows:
(a)
The Town Board may approve or reject a license to operate, and
no multifamily units may be occupied until an operating license has
been issued.
(b)
An operating license shall be valid until the end of the calendar
year and shall be renewed annually.
(c)
Prior to the issuance of a renewed operating license, the Code
Enforcement Officer shall inspect the multifamily development for
compliance with these regulations.
(d)
The licensee or duly authorized caretaker must keep the multifamily
development facilities, including active recreation areas, open space,
roadways, parking areas, landscaping and utilities, including water
and sewer systems, well maintained and in good repair.
(e)
The licensee or duly authorized caretaker shall be answerable
for the violation of any provision of these multifamily development
regulations.
(f)
A licensee fee shall be established from time to time by resolution
of the Town Board to include the cost of ongoing site inspection by
the Code Enforcement Officer.
(5)
The final site plan shall include a provision approved by the Planning
Board assuring the permanent retention and maintenance of the open
space area, and maintenance of active recreation areas, parking areas,
landscaping and utilities, including water and sewer systems. Such
assurance shall include all legal documents to carry out this requirement
and shall be approved by the Attorney for the Town and it shall contain
a provision vesting the Town with the right to enforce the permanent
retention and maintenance of the open space area and maintenance of
active recreation areas, parking areas, landscaping and utilities,
including water and sewer systems, and providing that, in the event
that these open spaces, active recreation areas and site improvements
are permitted to deteriorate, or are not maintained in a condition
consistent with the approved site plan, the Town may at its own option
cause necessary maintenance to be performed and assess the cost thereof
to the owners of the property within the development. A legally enforceable
document shall also provide for the collection of such costs by lien
and/or direct civil action.
(6)
Continued conformance with all elements of the approved site plan
shall be a requirement for continuation of the special use permit.
(7)
The boundaries of the land areas designated as permanent open space
shall be clearly labeled and described on the multifamily development
plan.
(8)
Land areas designated as permanent open space may not be separately
sold or used to meet open space or recreation requirements for other
developments.
(9)
Multifamily developments of 50 units or more shall provide 1/2 acre
of playground per 50 units unless the multifamily development is restricted
to adult occupancy only.
(10)
Open space and recreation area land set asides are considered
minimum required amenities for the benefit of the residents of the
multifamily development and shall not be considered a substitute for
meeting the requirements of New York State Town Law § 274-a,
Subdivision 6, with regard to reservation of parkland on site plans
containing residential units.
E.
Review procedures. Any application for multifamily dwellings shall be subject to the special use and site plan review procedures as specified in Article IV, Special Use and Site Plan Review Procedures, of the Town Zoning Code.
F.
Design standards.
(1)
Maximum units per structure. No more than eight dwelling units shall
be contained in a single structure.
(3)
Maximum building length. The maximum length of a multifamily dwelling
shall be 130 feet, with exterior building wall offsets, as required
by the Planning Board, to enhance the building's appearance.
(4)
Maximum building height. The maximum height of the building shall
be 35 feet.
(5)
Minimum distances between structures. Where there are two or more
multiple dwellings on a single lot or tract of land, the minimum distance
between structures shall be 50 feet.
(6)
Minimum distances from property lines. The minimum separation distance between a multifamily dwelling building and the property line shall be 100 feet, except in the HR-1 Hamlet Residential, BD-40 Business and BD-60 Light Business Zoning Districts where Town Zoning Code § 110-10, Schedule of District Regulations, Development Standards, dimensional criteria shall apply.
(7)
Minimum distances to parking facilities. The minimum separation distance
between a multifamily dwelling development's parking facility and
the property line shall be 30 feet except in the HR-1 Hamlet Residential,
BD-40 Business and BD-60 Light Business Zoning Districts where the
minimum separation distance between a parking facility and the property
line shall be five feet.
(8)
Minimum buffer/screening area. When a property line is not wooded,
a planting strip of trees and shrubbery of a minimum of 30 feet in
width and satisfactory to the Planning Board shall be required to
buffer and screen adjoining property and ensure privacy.
(9)
Access. Access driveways shall provide for a minimum 20 feet wide
traveled surface and be suitably improved to the standards and criteria
that are acceptable to the Planning Board. Multifamily developments
with 30 or more dwelling units shall provide not less than two separate
improved access driveways.
(10)
Parking.
(a)
The preferred location for multifamily development parking facilities
shall be to the rear of the building(s), unless clearly demonstrated
to the Planning Board that due to specific property configuration,
adverse site conditions, and with the addition of acceptable landscape
screening and buffering, that an alternative parking area location
would be acceptable to the Planning Board.
(b)
The minimum number of parking spaces shall be as follows:
|
Ratio of Required Parking Spaces
| ||
|---|---|---|
|
Occupancy Factor
|
Number of Required Spaces per Occupancy Factor
| |
|
Studio, efficiency or 1 bedroom
|
1
| |
|
2 bedroom
|
1.5
| |
|
3 bedroom
|
2
| |
|
Visitor's parking
|
1 additional space per 4 dwelling units
| |
(c)
Parking spaces shall be nine feet wide and 18 feet long and
clearly marked by a means satisfactory to the Planning Board.
(d)
Parking aisle widths shall be 24 feet.
(e)
Driveways to the parking areas shall be a minimum of 20 feet
wide for two-way traffic and 15 feet wide for one-way traffic circulation
patterns.
(f)
A paved surface walkway for pedestrians of four feet minimum
width shall extend from the building entrances and connect to a public
road. This four-feet-wide pedestrian walkway may be incorporated along
the edge of the development's driveway, if the driveway width which
is so extended and striped to separate pedestrian and vehicular circulation
is provided in a manner acceptable to the Planning Board.
(g)
The horizontal, vertical and structural design of the access
and circulation driveways and the parking areas shall be acceptable
to the Town Engineer and to the Planning Board.
(11)
Parking area landscaping. Minimum landscaping requirements within
the parking area shall be 10% of that area dedicated for the residents'
open parking areas and not more than 15 parking spaces shall be allowed
in a continuous row without the inclusion of a landscaped, curbed
island that is not less than 10 feet in width.
(12)
Site lighting. All site lighting shall use fully shielded fixtures
with illumination levels conforming to the recommended practices of
the IESNA's "Lighting for Exterior Environments," latest edition.
Lighting levels shall not exceed 0.5-footcandle illumination levels
at the property boundaries, excepting at site accesses, to prevent
light spillover and off-site glare.
(13)
Utilities. Design and installation of on-site utilities and
facilities, including electric, telephone, cable, stormwater management
shall require approval of the Town Engineer and the Planning Board.
(14)
Water and sewer.
(a)
All multifamily dwelling developments exceeding five dwelling
units shall be served with central or communal sewage facilities and
central water supplies.
(b)
The design and construction of all water and sewer systems shall
employ only high-quality processes and components that are known to
have a record of low operation and maintenance costs, and are acceptable
to the Town Engineer and the Planning Board.
(c)
Financial surety, in a form, amount and term acceptable to the
Town Board, shall be provided by the owner whenever a privately owned
central water system and/or central sewage system is proposed to serve
a multifamily development.
(d)
All water and sewer service facilities shall conform to the
requirements of the New York State Department of Health, the Ulster
County Health Department and the New York State Department of Environmental
Conservation, as applicable.
(e)
Subsurface sewage disposal systems shall not be located on soil
types of the United States Department of Agriculture Natural Resource
Conservation Service's Hydrologic Classification C or D.
(f)
Subsurface wastewater disposal areas shall be subject to the
minimum setbacks applicable to multifamily buildings.
G.
Conversions. Conversions of existing buildings into multifamily dwellings
shall be allowed when all of the above standards and criteria are
met and only if the design and location of the converted buildings
will not reduce the privacy or otherwise detract from the character
of the adjacent neighborhood.
Farm labor housing shall be an accessory permitted
use on a farm, subject to compliance with the following requirements:
A.
The housing shall be supported by adequate water supply
and sewage disposal facilities in accordance with the standards of
the Ulster County Health Department.
B.
The housing shall be in compliance with the applicable
provisions of the New York State Uniform Fire Prevention and Building
Code and all other applicable laws, ordinances and regulations applicable
to either building construction and/or the operation and maintenance
of farm labor/migrant housing.
C.
The housing shall be located on the farm parcel no
closer to any adjoining property line than 100 feet. The housing shall
be separated from adjoining housing or buildings by a minimum of 50
feet.
D.
The housing density shall be in compliance with the
minimum lot area for a principal dwelling unit in the zoning district
as set forth in Schedule of District Regulations.[1] For the purposes of this section, 250 square feet of floor
space associated with the sleeping area shall be considered one dwelling
unit.
[1]
Editor's Note: The Schedule of District Regulations is included at the end of this chapter.
E.
The housing shall be removed from the site when the
farming operations have ceased for two years and may not be occupied
for nonfarm purposes. The property owner shall specifically acknowledge,
in writing, this requirement prior to the issuance of a building permit
for the intended building or use. Further, the first sentence of this
subsection shall be included on the certificate of occupancy.
F.
The host farm parcel shall be not less than seven
acres.
G.
Farm labor housing can include single-wide mobile
homes of a minimum dimension of 14 feet by 70 feet spaced 35 feet
apart.
H.
For any farm labor housing units requiring site plan
review, the applicant shall provide to the Planning Board a sketch
map or drawing at a scale herein for site plans with the relevant
details to determine compliance with these standards. Such map, sketch
or drawing shall not be deemed plans or specifications as referred
to in the Education Law and need not be sealed by a licensed professional.
The following shall apply to essential services:
A.
Such uses shall be limited to land and facilities
owned and operated by public utilities or municipal or other governmental
agencies, such as a special district (also see "Definitions").
B.
Such uses shall be so located as to draw a minimum
of vehicular traffic to and through residential streets.
C.
The location, design and operation of such uses shall
not adversely affect the character of the surrounding residential
area.
D.
Adequate fences, barriers and other safety devices
shall be provided and shall be landscaped.
A.
Light industrial uses in any district where designated
shall be permitted, subject to the approval of the Planning Board,
when conducted without generating noise, glare, odor, smoke, dust
or other environmental nuisances perceptible beyond the property line.
B.
All commercial and industrial uses shall be subject
to the procedures for site plan review and special permit use approval
set forth elsewhere in this chapter. In its determinations, the Planning
Board shall consider traffic access, circulation and parking, disposal
of usable open space, arrangement of buildings, landscaping and impact
on adjacent uses. The Town Engineer shall report on the adequacy of
stormwater drainage. The County Department of Health shall report
on waste disposal and any other matters within its jurisdiction.
C.
Commercial and industrial uses in RR-1.5 and AG-1.5
Districts shall be designed to ensure compatability of uses and minimize
impacts on agricultural and residential uses through buffering, setbacks
and similar techniques. The Planning Board may require the use of
these measures as a condition of special use or site plan review approval.
The Planning Board, in reviewing the site plan
for any proposed commercial or industrial special use application,
shall consider its conformity to the Town of Plattekill Comprehensive
Plan and the various other plans, regulations and ordinances of the
Town. Conservation features, aesthetics, landscaping and impact on
surrounding development as well as on the Town in general shall be
part of the review. Traffic flow, circulation and parking shall be
reviewed to ensure the safety of the public and of the users of the
facility and to ensure that there is no unreasonable interference
with traffic on surrounding streets. The Planning Board shall further
consider the following specific factors in reviewing commercial site
plans:
A.
Building design and location. Building design and
location should be suitable for the use intended and compatible with
natural and man-made surroundings. New buildings, for example, should
generally be placed along the edges and not in the middle of open
fields. They should also be sited so as to not protrude above treetops
or the crestlines of hills seen from public places and busy highways.
Building color, materials and design should be adapted to surroundings
as opposed to adaptation of the site to the building or the building
to a national franchise concept.
B.
Maximum retail commercial building size. Individual
retail commercial structures, not including office, industrial and
wholesale facilities, but specifically including membership clubs
and any wholesale establishments selling goods directly to the general
public, shall be limited to a maximum of 60,000 square feet of gross
floor area.
C.
Large commercial buildings. Commercial facades of
more than 100 feet in length should incorporate recesses and projections,
such as windows, awnings and arcades, along 20% of the facade length.
Variations in roof lines should be added to reduce the massive scale
of these structures and add interest. All facades of such a building
that are visible from adjoining streets or properties should exhibit
features comparable in character to the front so as to better integrate
with the community. Where such facades face adjacent residential uses,
earthen berms planted with evergreen trees should be provided. Loading
docks, garbage dumpster facilities and other accessory facilities
should be incorporated in the building design and screened with materials
comparable in quality to the principal structure. Sidewalks should
be provided along the full length of any facade with a customer entrance
and integrated into a system of internal landscape-defined pedestrian
walkways breaking up all parking areas.
D.
Lighting and signage. Improvements made to the property
should not detract from the character of the neighborhood by producing
excessive lighting or unnecessary sign proliferation. Recessed lighting
and landscaped ground signs are preferred. Lighting shall be shielded
to prevent glare and spillover of light onto adjoining properties.
E.
Parking and accessory buildings. Parking areas should
be placed in the rear whenever possible and provide for connections
with adjoining lots. Accessory buildings should also be located in
the rear with access from rear alleys. If placement in the rear is
not possible, parking lots should be located to the side with screening
from the street.
F.
Drainage systems. Storm drainage, flooding and erosion
and sedimentation controls should be employed to prevent injury to
persons, water damage to property and siltation to streams and other
water bodies.
G.
Landscape preservation. Trees, shrubs and other landscaping
should be used to buffer or soften a use in terms of visual or other
impacts on adjoining property owners. Impacts on other Town residents
and visitors, on whom the local economy often depends, should also
be considered. Existing landscape features such as stone walls, hedgerows,
tree borders and individual large trees should be retained for this
purpose and removal should be limited to the area of building or driveway
construction unless additional sight distance is required.
H.
Driveway and road construction. Whenever feasible,
existing roads onto or across properties should be retained and reused
instead of building new, so as to maximize the use of present features
such as stone walls and tree borders and avoid unnecessary destruction
of landscape and tree canopy. Developers building new driveways or
roads through wooded areas should reduce removal of tree canopy by
restricting clearing and pavement width to the minimum required for
safely accommodating anticipated traffic flows.
I.
Construction on slopes. The crossing of steep slopes
with roads and driveways should be minimized, and building which does
take place on slopes should be multi-storied with entrances at different
levels as opposed to regrading the site flat.
J.
Tree borders. New driveways onto principal thoroughfares
should be minimized for both traffic safety and aesthetic purposes,
and interior access drives that preserve tree borders along highways
should be used as an alternative. Developers who preserve tree borders
may, at the discretion of the Planning Board, be permitted to recover
density on the interior of their property through use of clustering.
K.
Development at intersections. Building sites at prominent
intersections of new developments should be reserved for equally prominent
buildings or features which will appropriately terminate the street
vistas. All street corners should be defined with buildings, trees
or sidewalks.
L.
Streets and sidewalks. Roads and drives that connect
to existing streets on both ends are generally preferable to cul-de-sac
and dead-end streets and shall ordinarily be used unless traffic safety
issues will be mitigated by the use of a cul-de-sac or dead-end street.
Streets within more densely developed residential areas (two or more
units per acre) should be accompanied by on-street parking and a sidewalk
on at least one side of the street. Sidewalks should also be provided
in connection with new commercial development adjacent to residential
areas, and pedestrian access should be encouraged.
M.
Setbacks. New buildings on a street should conform
to the dominant setback line and be aligned parallel to the street
so as to create a defined edge to the public space. Where commercial
or industrial uses of substantial size (not a minimal impact use)
adjoin residential properties or districts, the Town may require greater
setbacks and landscaped buffered areas than otherwise required herein
for purposes of transitioning from one use to the other and protecting
the integrity of residential uses.
N.
Utilities. The impact of the proposed use on the capacities
of existing sewer and water utilities shall be thoroughly evaluated
in terms of both quality and quantity. Where the impact of the proposed
new use would substantially consume existing capacities and leave
inadequate reserve capacity to deal with seasonal or other needs or
pose a threat to the health and safety of any existing water supply,
the Town may require the applicant to mitigate the impacts by providing
supplementary capacities or taking alternative measures to provide
for these needs. The Town may also require the applicant to post performance
guarantees in the manner provided in the Town Subdivision Law[1] to ensure that the proper protection mechanisms are in
place and will be maintained in the future. Where mitigation is not
possible the use shall be denied.
Outdoor storage of materials and junkyards shall
be governed by the following provisions and such other conditions
as may be required by the Planning Board to protect the public health,
safety, comfort, convenience and general welfare, especially with
regard to abutting properties and the occupants thereof:
A.
Fencing and setbacks. All outdoor storage facilities shall be enclosed by suitable screening or fencing as provided by Chapter 60 of this Code or as required by the Planning Board. Such fencing or screening shall not be less than 30 feet distant from all property lines.
B.
Deposit of wastes. No materials or wastes which can,
in the opinion of the County Department of Health, the State Department
of Environmental Conservation or other agency competent to judge,
contaminate surface or subsurface water bodies shall be deposited
on any premises in such form or manner that they may be transferred
off such premises by natural causes or forces.
C.
Other hazardous materials. All materials or wastes
which might cause fumes or dust, which constitute a fire hazard or
otherwise involve hazards to health and safety shall be stored outdoors
only in closed containers.
A.
Home occupations, as defined herein, shall be subject
to the following regulations and standards, whether permitted by accessory
(Class I) or special use (Class II) permit:
(1)
More than one Class I (minimal impact) home occupation
may occur on a single residential premises. However, the cumulative
impacts must fall within the limits of these standards.
(2)
The home occupation activity, whether located within
the dwelling or in a (customary) accessory structure, shall occupy
an enclosed space of no more than 1,000 square feet of gross floor
area or 50% of the gross floor area, whichever is less.
(3)
There shall be no indication of the home occupation
from the exterior of the building except for a single sign not exceeding
four square feet. Modifications to a structure shall not alter its
primary residential character.
(4)
No outdoor display of goods or outdoor storage of
equipment or materials used in the home occupation shall be permitted
in the front yard of the premises. Such goods, equipment or materials
may be displayed or stored elsewhere on the property if appropriately
covered by a structure and/or screened by a fence or natural vegetation,
provided that any such outdoor storage does not occur within 20 feet
of an adjacent property line.
(5)
Not more than two persons other than members of the
household occupying such dwelling shall be employed on the residential
premises in the conduct of a Class II home occupation. A Class I home
occupation shall not employ any nonresidents on the premises.
(6)
Sufficient off-street parking, up to four spaces,
in addition to those required for the principal residential use, shall
be provided in the case of Class II home occupations. Such spaces
shall be accessed from the residence driveway and designed so as to
minimize disturbance to adjacent properties, including screening if
necessary.
(7)
The home occupation shall be fully consistent with
all other provisions of this chapter. When use exceeds standards,
the use shall not be considered a home occupation and must be located
in a zoning district where the use is permitted by right or by special
use permit.
(8)
All Class II home occupations are transferable upon
reapplication to the Planning Board for a special use permit. Class
I home occupations shall be transferable without Planning Board review
or a special use permit.
(9)
The home occupation shall not utilize substantially
more water than a residential use. The home occupation shall comply
with all necessary Health Department requirements in regards to the
utilization of water or solid waste disposal.
(10)
No home occupation shall exceed the maximum
size requirements of this chapter. Any home occupation that exceeds
these requirements shall, upon notice from the Town of Plattekill,
cease and desist all activity related to such use until such time
as a permit as provided hereunder for an allowed principal use has
been obtained from the Town, the operation has been made to again
conform with the applicable limitations for a home occupation or the
Code Enforcement Officer's actions have been reversed by the order
of a court of competent jurisdiction.
B.
The above standards may be modified in the AG-1.5
and RR-1.5 Districts upon determination by the Planning Board that,
due to size for the lot, distance from neighboring property lines
and residences, capacity of access roads and the presence of vegetation
or topographic features, the proposed home occupation would have no
greater impact on the surrounding residential area than if the standards
were adhered to. Upon such determination, the Planning Board may issue
a special permit setting forth specific waivers granted and including
all conditions deemed necessary. Such waivers and conditions shall
be reconsidered at the same time any future subdivision or site plan
application for the property is submitted and may be revoked if such
action would change the basis of the original determination.
C.
Applicant shall provide to the Planning Board a sketch
map or drawing at a scale of one inch equals 50 feet. Such map shall
not be deemed plans or specifications as referenced in the Education
Law and need not be sealed by a licensed professional. The drawing
shall include site plan information required herein that the Planning
Board deems relevant to the special permit use application.
A.
New buildings in which neighborhood stores are located
shall meet all yard and building coverage requirements applicable
to all permitted-use buildings in the zoning district in which the
neighborhood store is to be located.
B.
At least one off-street parking space shall be provided
for each 300 square feet of net retail floor area. In a building containing
residential and retail commercial uses (multiple use building), one
additional off-street parking space for each residential use must
be provided.
C.
If conducted in an existing residential building,
the neighborhood store shall not alter the residential appearance
of that building. If in a new building, such building shall conform
to the general character of buildings in the vicinity.
D.
The Planning Board may require larger lot areas than
the minimum required in the zoning district, in order to accommodate
required spaces and access driveways. Suitable buffering may also
be required.
Individual light industrial uses shall be subject
to the following area regulations:
The following shall apply to drive-in establishments:
A.
Off-street parking areas shall be paved in accordance
with Town road specifications. Parking stalls shall be clearly identified
in accordance with the standards specified elsewhere in this article.
B.
Dumpsters or other waste collection facilities shall
be screened and placement shall ordinarily be in rear yards but shall
be subject to Planning Board discretion as part of the site plan process.
C.
The drive-in establishment shall be served by a single
exit from any entryway to the common parking areas.
D.
A landscaping plan is to be included as part of the
site plan.
E.
There must be a sufficient length of driveway so that
eight motor vehicles may stack off-street and on-site while waiting
for service.
A.
Purposes. This section is intended to:
B.
Special definitions.
(1)
SENDING PROPERTY -- A lot(s) or portion of a lot that
is restricted by a conservation easement or farmland preservation
easement as a condition of approval of a higher density on the receiving
property than would otherwise be permitted.
(2)
RECEIVING PROPERTY --A lot(s) that is approved to
permit a higher density than would otherwise be permitted as a condition
of the restriction of development on the sending property through
a conservation easement.
C.
Applicability.
(1)
Owners of sending and receiving properties may voluntarily
commit to transfer residential density rights under this Zoning Law.
Although the transfer of density rights shall only officially occur
at the time of final approval of a subdivision or site plan, the process
shall be initiated during the preliminary planning process. The approval
of a preliminary plan shall then be conditioned upon compliance with
this section. As part of a preliminary and final plan application,
the applicant shall present a draft conservation easement on the "sending
property" and a written, signed and notarized agreement by the owner
of the sending property acknowledging and agreeing to the application.
(2)
The conservation easement shall be drafted so that
it is binding if the "receiving property" is granted final plan approval.
The conservation easement shall be recorded at the same time as, or
prior to, the final plan for the receiving property. If a final plan
is recorded in phases, then the conservation easement may be recorded
in corresponding phases.
(3)
The form of the conservation easement shall be acceptable
to the Town Board based upon review by the Town Attorney and Planning
Board. The term "conservation easement" shall include, but not be
limited to, an Agricultural conservation easement. In the case of
agricultural land, the standard language for an agricultural conservation
easement used by the Ulster County Agricultural and Farmland Protection
Board may be utilized. The easement shall limit the development of
the sending property to agricultural and open space uses and associated
accessory activities and any residual residential density not transferred
to the receiving property.
(4)
A sending property shall be within the AG-1.5, RR-1.5
or M-3 District. A sending property shall have a minimum lot area
of 10 acres.
(5)
A receiving property shall be within the RR-1.5, RS-1,
HR-1, BD-40, BD-60 or GB-80 District.
(6)
Once a conservation easement is established it shall
be binding upon all current and future owners of the sending property.
The applicant for the receiving property is responsible to negotiate
with, and pay compensation to, the owner of the sending property for
the conservation easement. Such transaction shall occur privately,
and the value shall be determined by the private market. The Town
shall be under no obligation to pay the owner of the sending property.
(7)
The right to develop a sending property may also be
purchased by or donated to an established incorporated nonprofit conservancy
organization whose mission includes preservation of agricultural land
or natural features. A permanent conservation easement shall, in such
case, be established on the sending property at the time of such purchase
or donation. The right to develop such dwelling units may be held
for a maximum of 10 years, before being used on a receiving property(ies).
D.
Determination of density.
(1)
Yield plans shall be presented by the applicant. One
yield plan shall be presented for the receiving property and one for
the sending property. Such yield plans shall be a level of detail
typically found in a sketch plan, including potential lots and roads,
steep slopes, one-hundred-year floodplains and suspected wetlands.
Such yield plans shall estimate the number of new dwelling units that
could be lawfully constructed on each property under Town regulations
without any transfer of development rights. Detailed percolation tests
are not required on all potential lots, but deep pit soil testing
may be required in areas of suspected marginal soil types for subsurface
sewage disposal.
(2)
Such yield plans shall be reviewed by the Town Planning
Board, with advice by the Town Engineer, to determine whether each
represents a reasonably accurate estimate of the number of dwelling
units possible on each site, both physically and legally. If such
estimates are determined to not be accurate, the applicant shall be
required by the Planning Board to revise such yield plan.
(3)
Based upon the yield plans, permission to develop
a number of dwelling units may be transferred from the sending property
to the receiving property. The potential to develop some or all of
the dwelling units may be transferred from the sending property, depending
upon the amount of land affected by the permanent conservation easement.
(4)
If, for example, the yield plan determines that 10
new dwelling units would be allowed under current zoning on the sending
property, and the sending property will be preserved by a conservation
easement, then the right to develop 10 additional dwelling units shall
be transferred to the receiving property. The development of the receiving
property shall still comply with all other requirements of this Zoning
Law, except for the maximum density, which shall be regulated by this
section.
(5)
The receiving property shall be permitted to include
the increased total number of dwelling units above the number that
would otherwise be permitted, as approved by the Town Planning Board
based upon the yield plan, provided that density shall not be increased
by more than 50% under any circumstance. Yard requirements may also
be reduced, but in no instance to less than 20 feet for the front
yard and 10 feet for the side and rear yards, except in instances
where zero-lot line development is proposed with compensating yards
on the opposite side. Also, no more than 35% of any given acre shall
be covered with impervious surface in the form of access drives, parking
areas or structures.
(6)
Utilities. To receive a transfer of density rights,
all lots of less than one acre on the receiving property shall be
served by a central or communal sewage system.
(7)
The transfer of density rights shall not be combined
with incentives concerning conservation subdivision development.
E.
Once a conservation easement is established under
a transfer of density rights, it shall be permanent, regardless of
whether the receiving property is developed. The approval to develop
the receiving property in a higher density shall be treated in the
same manner as any other final subdivision or site plan approval.
The Planning Board may extend time limits to complete the development
of the receiving property in response to a written request.
F.
As part of a transfer of density rights, the development
of the receiving property shall comply with all Town of Plattekill
zoning requirements, except for provisions specifically modified by
this section.
Funeral homes and mortuaries shall be required
to provide driveways and off-street parking areas sufficient to permit
the off-street assembling of funeral processions, so as to avoid congestion
of adjoining streets.
Manufactured homes and manufactured home parks shall be subject to Chapter 68 of the Town of Plattekill Code, provided that new manufactured home parks shall comply with the open space standards applicable to conservation subdivisions hereunder. Notwithstanding this, a manufactured home park shall not be considered a conservation subdivision and no density bonuses shall apply. The following are the applicable lot design standards for manufactured home parks:
The following shall apply to active adult and
senior care communities.
A.
The minimum size parcel required for the development
of senior care communities (see definition) shall be two acres or
3,000 square feet for each residential accommodation or living unit
within the establishment, whichever is greater. Such density shall
be determined after deducting all floodplains, wetlands, slopes over
15%, rights-of-way and improved roads.
B.
The applicant shall provide the Town with copies of
all required state and federal construction and operation licenses
and permits for their review.
C.
Where on-lot sewage disposal is proposed, a suitable
secondary or replacement area shall be located and designed. Site
plans for such projects shall provide adequate landscaping, storm
drainage, sewer and water facilities, parking and buffering of adjoining
properties. Such projects shall also meet the following development
standards:
(1)
Minimum lot width: 200 feet.
(2)
Minimum front yard: 50 feet.
(3)
Minimum rear yard: 50 feet.
(4)
Minimum side yard: 30 feet.
(5)
Maximum building height: 40 feet, provided there is
no enclosed habitable space above 25 feet.
(6)
Maximum lot coverage: 50%.
(7)
Maximum building coverage: 30%.
(8)
Parking spaces required: 1 space per unit.
D.
Any permanent residential housing unit shall meet
all applicable requirements for the respective type of housing structure
within the respective zoning district. However, in the case of elevator-served
projects restricted to occupancy by persons of 55 years or more in
age where safety and twenty-four-hour security are critical and can
only be provided effectively by including the units in a single building
with a controlled access, the above requirements only shall apply
and there shall be no limit on the number of dwelling units per structure.
E.
Age-restricted active adult retirement communities
(see definition) and senior care communities involving any combination
of permanent units, independent-living units and units accompanied
by supportive care services shall be subject to the following regulations:
(1)
In no event shall any person under the age of 19 permanently
occupy a unit in an active adult community. However, such age restrictions
shall not apply to employees of the homeowners' association performing
substantial duties related to the management or maintenance of the
community; persons who are necessary to provide a reasonable accommodation
to disabled residents of the age of 55 years or older; a spouse or
domestic partner of an individual who is of the age of 55 years or
older; or a child at least 19 years or older, who is residing with
his or her parent(s) who is of the age of 55 years or older. A deed
restriction that enforces the foregoing requirement shall be provided
in a form acceptable to the Town and be included in every deed conveying
title to each unit.
(2)
Consideration shall be given to the special needs
of older persons in planning walks, ramps and driveways. Gradients
of walks shall not exceed 10%, and single-riser grade changes in walks
shall not be permitted without Planning Board approval. All outdoor
areas available to the residents shall be designed so as to permit
residents to move about freely.
(3)
The design and location of all buildings, recreational
facilities and other site improvements shall be consistent with the
ultimate purpose of achieving pleasant living arrangements for persons
55 years of age or older, and shall contemplate the desires and needs
of such persons for privacy, participation in social and community
activities and accessibility to all community facilities.
A.
Findings. There are presently, in various portions
of Ulster County and environs, a number of adult entertainment uses.
Based upon recent studies evaluating the nature and extent of adverse
secondary effects caused by such adult uses in residential and commercial
areas, including a 1996 study by the City of Newburgh, a 1994 study
by the City of New York, and a 1980 study by the City of Islip, the
Town of Plattekill Town Board hereby finds that adult uses have negative
secondary impacts such as a deterioration of community character and
quality of life, depreciation of property values, increase in crime
rates, and the blighting or downgrading of surrounding neighborhoods
and commercial uses.
B.
Purpose. In the development and execution of this
Section, it is recognized that there are some adult uses which, because
of their very nature, are recognized as having serious objectionable
characteristics. The objectionable characteristics of these uses are
further heightened by their concentration in any one area, thereby
having deleterious effects on adjacent areas. Special regulation of
these uses is necessary to ensure that these adverse effects will
not contribute to the blighting or downgrading of surrounding neighborhoods
or land uses, increase crime or police calls, contribute to the spread
of prostitution and AIDS, increase the quantity of transients in residential
and commercial areas, cause a deterioration in the quality of life
in residential neighborhoods, increase the accessibility of adult-oriented
material and entertainment to minors, and encourage residents and
businesses to locate elsewhere.
C.
SPECIFIED SEXUAL ACTIVITIES
SPECIFIED ANATOMICAL AREAS
Definitions. As used in this chapter, the following
terms shall have the meanings indicated:
D.
Location standards. Adult uses shall be permitted
in the GB-80 District subject to special use standards and the following
additional site plan review criteria:
(1)
No adult use shall be located within a five-hundred-foot
radius of any residence or other residential or commercial zoning
district.
(2)
No adult use shall be located within a one-thousand-foot
radius of the property of any church, synagogue, mosque or other place
of religious worship.
(3)
No adult use shall be located within a one-thousand-foot
radius of any school, park, civic or youth-oriented center, playground
or playing field.
(4)
No adult use shall be located within a five-hundred-foot
radius of the property of another adult use.
(5)
The proposed adult use shall not be contrary to the
public interest or injurious to nearby properties.
(6)
The proposed adult use shall not be contrary or injurious
to any program of neighborhood conservation or improvement, either
residential or nonresidential.
E.
Exterior display prohibited. No adult use shall be
conducted in any manner that allows the observation of any material
depicting, describing or relating to specified sexual activities or
specified anatomical areas from any public way. This provision shall
apply to any display, decoration, sign, show window or other opening.
In the HR-1 District there shall be no provision
for boarding animals, other than those which have received treatment.
In HR1 Districts animals shall have no access to the outdoors during
their confinement in the veterinarian's office. Areas in which animals
are confined shall be soundproofed. Offices in the AG-1.5 and RR-1.5
Districts may provide access to the outdoors.
All principal and special use sawmills shall
comply with the following:
A.
The sawmill hours of operation will be determined
based upon noise, lighting, traffic, size of the property, the machinery
to be utilized, whether the machine(s) will be enclosed in a building,
etc.
B.
The sawmill operation Type A shall only be permitted
on a lot which is one or more acre in size.
C.
The sawmill shall be in conformity with Chapter 73, Noise, of the Code of the Town of Plattekill.
D.
Ingress to and egress from the property on which the
sawmill is located shall comply with New York State standards of site
distance. Driveway permits will be required from the appropriate agency.
E.
Logs, lumber and sawmill waste materials shall be
located no less than 75 feet from the perimeter property lines of
the site.
F.
All sawmill refuse materials shall be disposed of
properly.
G.
The sawmill shall meet the setback requirements of
the zone in which it is located.
H.
The sawmill shall not create any conditions which
are injurious or hazardous to the public or detrimental to the character
of the surrounding neighborhood.
I.
Sawmills milling in excess of 2,000 board feet of
lumber per day shall also be subject to the following:
(1)
Such sawmill operation shall function only during
Monday through Saturday and shall be closed the following holidays:
Memorial Day, Labor Day, July Fourth, Thanksgiving, Christmas and
New Year's.
(2)
Notwithstanding Subsection B(2) above, such sawmill
operation shall only be permitted on a lot which is four or more acres
in size.
(3)
Primary vehicular access to such sawmill operation
shall be by a street in the collector, arterial, County or state roadway
system or other street in which, in the opinion of the Planning Board,
the traffic generated by said use will not adversely affect existing
or potential development in the area.
The following general standards shall apply
in the BD-40 District:
A.
Lot requirements.
(1)
The minimum lot area/use for the first use shall be
40,000 square feet. There will be no lot acreage restrictions for
each additional use, provided that the applicant for commercial use
can demonstrate that the project will meet the applicable width, building
coverage, height and front, side and rear yard requirements, receive
Ulster County Health Department approval and meets all applicable
regulations or laws of any governing agency.
(2)
If any structure is used wholly or partly for a dwelling
purpose, hotel, motel, living quarters or other housing accommodations
other than by one person acting as a janitor or caretaker, the lot
shall comply with the lot acreage, width, building coverage, height
and front, side and rear yard requirements found in RS-1 Residential
District Zone for the type of dwelling proposed.
B.
Building coverage will be a portion of the total area
of the lot so that each rear yard is not less than 50 feet in depth
and each side yard is not less than 40 feet in width, except that
the side yards of buildings in relation to buildings located on the
same lot shall be a combined distance of 20 feet in width. Building
coverage shall not exceed 25% of the total lot area.
C.
Buildings shall be set back a minimum of 50 feet from
the adjacent edge of the highway right-of-way, and no parking shall
be within 20 feet of the highway right-of-way.
D.
Building height (maximum): 2 1/2 stories or 35
feet.
E.
There shall be no vehicular access within 75 feet
of any school building, playground entrance or church building, measured
from the edge of pavement to the nearest portion of any building,
structure or playground.
F.
Dumpsters or other waste collection facilities shall
be screened, and placement shall ordinarily be in rear yards but shall
be subject to Planning Board discretion as part of the site plan process.
G.
Buffer. It shall be the responsibility of the owner
to maintain a suitable planting a minimum of 10 feet deep along each
side and rear lot line where a nonresidential use abuts a residential
use, as approved by the Planning Board as part of the site plan process.
A.
No commercial communications tower shall hereafter
be used, erected, moved, reconstructed, changed or altered unless
in conformity with these regulations. No existing structure shall
be modified to serve as a commercial communications tower unless in
conformity with regulations.
B.
Site plan. An applicant shall be required to submit
a site plan as required herein. The site plan shall show all existing
and proposed structures and improvements, including roads, buildings,
tower(s), guy wire anchors, parking and landscaping, and shall include
grading plans for new facilities and roads.
C.
Supporting documentation. The Planning Board shall
require that the site plan include a completed visual environmental
assessment form (visual EAF; available from the Planning Board) and
documentation on the proposed intent and capacity of use as well as
justification for the height of any tower or antenna and justification
for any clearing required. The Planning Board may require submittal
of a more detailed visual analysis based on the results of the visual
EAF in addressing this subsection and the following requirements.
D.
Shared use of existing towers. At all times, shared
use of existing towers shall be preferred to the construction of new
towers. An applicant shall be required to present an adequate report
inventorying existing towers within a reasonable distance of the proposed
site and outlining opportunities for shared use of existing facilities
as an alternative to a proposed new tower.
(1)
An applicant proposing a shared use of an existing
tower shall be required to document intent from an existing tower
owner to allow shared use.
(2)
The Planning Board may consider a new commercial communications
tower where the applicant demonstrates that shared usage of an existing
tower is impractical. The applicant shall be required to submit a
report demonstrating good faith efforts to secure shared use from
existing towers as well as documentation of the physical and/or official
reasons why shared usage is not practical. Written requests and responses
for shared use shall be provided.
E.
Shared usage of site with new tower. Where shared usage of an existing tower is found to be impractical, the applicant shall investigate shared usage of an existing tower site for its ability to accommodate a new tower and accessory uses. Documentation and conditions shall be in accordance with Subsection D(1) and D(2) above. Any new commercial communications tower approved for an existing tower site shall be subject to the standards of Subsections G through N below.
F.
New tower at a new location. The Planning Board may
consider a new commercial communications tower on a site not previously
developed with an existing tower when the applicant demonstrates that
shared usage of an existing tower site is impractical and submits
a report as described in Subsection D(2)b above.
G.
Future shared usage of new towers.
(1)
The applicant must examine the feasibility of designing
a proposed commercial communications tower to accommodate future demand
for commercial broadcasting and reception facilities. The scope of
this analysis shall be determined by the Planning Board. This requirement
may be waived, provided that the applicant demonstrates that provision
of future shared usage of the facility is not feasible and is an unnecessary
burden, based upon:
(a)
The number of Federal Communications Commission
(FCC) licenses forseeably available for the area.
(b)
The kind of tower site and structure proposed.
(c)
The number of existing and potential licenses
without tower spaces.
(d)
Available spaces on existing and approved towers.
(e)
Potential adverse visual impact by a tower designed
for shared usage.
(2)
Further, the applicant will demonstrate that the collocation
will be offered at a fair and equitable rate in order to encourage
rather than discourage collocation.
H.
Setbacks for new towers. All proposed commercial communications
towers and accessory structures shall be set back from abutting residential
parcels, public property or street lines a distance sufficient to
contain on site substantially all icefall or debris from tower failure
and preserve the privacy of adjoining residential properties.
(1)
All tower bases must be relocated at a minimum setback
of the following, whichever is the greater, from a property line at
a distance at least equal to the tower height or the distance between
the tower base and guy wire anchors or the minimum setback of the
underlying zoning district or a minimum setback at a distance which
shall be established in the sole discretion of the Planning Board
based on the unique characteristics of the site requirements of this
subsection, which may be increased at the discretion of the Planning
Board.
(2)
Accessory structures must comply with the minimum
setback requirements in the underlying district.
I.
Visual impact assessment. The Planning Board shall
require the applicant to undertake a visual impact assessment of any
proposed new towers or any proposed modifications of an existing tower
that will increase the height of the existing tower. Construction
of a new tower or modification of an existing tower shall be subject
to the relevant guidelines and criteria below that are determined
by the Planning Board to be appropriate:
(1)
Assessment of before and after views from key viewpoints
both inside and outside of the Town, including state highways and
other major roads, from state and local parks, other public lands,
from any privately owned preserves and historic sites normally open
to the public and from any other location where the site is visible
to a large number of visitors or travelers.
(3)
Assessment of the visual impact of the tower base,
guy wire, accessory buildings and overhead utility lines from abutting
properties and streets.
J.
New tower design. Alternative designs shall be considered
for new towers, including single-pole structures. The design of a
proposed new tower shall comply with the following:
(1)
Unless specifically required by other regulations,
all towers shall have a neutral, earth tone or similar painted finish
that will minimize the degree of visual impact that the new tower
may have. The applicant is to provide a maintenance plan for the Town
to include painting, how the paint will be applied, frequency, maintenance
of grounds, buildings and other.
(2)
The maximum height of any new tower, or any tower
in existence intended to be used as a commercial communications tower,
shall not exceed that which shall permit operation without artificial
lighting of any kind or nature in accordance with municipal, state
and/or federal law and/or regulation.
(3)
Any new tower shall have the minimum height needed
to provide future shared usage, but artificial lighting of any kind
shall be prohibited.
(4)
The Planning Board will request a review of the application
by a qualified structural engineer for evaluation of the need for
design and stability of the ground to support any new tower.
(5)
Accessory facilities shall maximize use of building
materials, colors and textures designed to blend with the natural
surroundings.
(6)
Communications tower heights shall be proportional
to their surroundings so as not to dominate a given landscape. Where
a tower will protrude above the height of existing tree canopy by
more than 20 feet, the Planning Board may require the use of camouflaging
and similar techniques to minimize the visual impact of the structure.
Specific plans for the styling and maintenance of such camouflaging
shall be submitted for review and approval in such instances.
K.
Existing vegetation. Existing on-site vegetation shall
be preserved to the maximum extent possible, and no cutting of trees
exceeding four inches in diameter (measured at height of four feet
off the ground) shall take place prior to approval of the special
permit. Clearcutting of all trees in a single contiguous area exceeding
20,000 square feet shall be prohibited.
L.
Screening. Deciduous or evergreen tree plantings may
be required to screen portions of the tower and accessory structures
from nearby residential property as well as from public sites known
to include important views or vistas. Where the site abuts residential
or public property, including streets, the following vegetative screening
shall be required. For all towers, at least one row of native evergreen
shrubs or trees capable of forming a continuous hedge at least 10
feet in height within two years of planting shall be provided to effectively
screen the tower base and accessory facilities. In the case of poor
soil conditions, planting may be required on soil berms to assure
plant survival. Plant height in these cases shall include the height
of any berm.
M.
Access. Adequate emergency and service access shall
be provided. Maximum use of existing roads, public or private, shall
be made. Road construction shall, at all times, minimize ground disturbance
and vegetation cutting to within the toe of fill, the top of cuts,
or no more than 10 feet beyond the edge of any pavement. Road grades
shall closely follow natural contours to assure minimal visual disturbance
and reduce soil erosion potential.
N.
Signs. No tower shall be used for or have placed upon
it any type of sign, except warning signs needed for public safety.
O.
Fencing. Sites of proposed new towers and sites where
modifications to existing towers are proposed shall be adequately
enclosed by a fence, unless that applicant demonstrates to the Planning
Board that such measures are unnecessary to ensure the security of
the facility.
P.
Applicant is to provide a plan of action which will
outline the disposition of the tower if it is abandoned, damaged or
destroyed. Specifically the applicant will provide time frames for
removal, repair of damaged towers and removal or sale of abandoned
towers.
Q.
Maintenance and/or performance letter of credit. The
Town Board requires the applicant and/or owner to post and file with
the Town Supervisor prior to approval of any application and/or license
a maintenance and/or performance letter of credit in an amount sufficient
to cover the installation, maintenance and/or construction of said
tower during its lifetime. The amount required shall be determined
in the sole discretion of the Town Board, based upon the unique characteristics
of the tower and site. In furtherance of the foregoing, the applicant
and/or owner shall cooperate with the Planning Board in supplying
all necessary construction and maintenance data to the Town Board
prior to approval of any application and/or license to accomplish
the foregoing.
R.
In cases were the access to the tower includes a Town
road, the applicant and/or owner shall be required to post a performance
letter of credit with the Town Board. Said letter of credit will be
used to repair any damages to Town roads that might occur during the
construction of the tower. The applicant and/or owner is to supply
the Highway Superintendent with a list of all equipment and vehicles
and their respective weights that will be utilized during the construction,
including a construction schedule and any other information required
by the Highway Superintendent to determine potential damage to Town
roads. The Highway Superintendent will recommend to the Town Board
an amount of the letter of credit to operate said tower in accordance
with the requirements of this subsection. Said letter of credit shall
be posted and filed with the Town Supervisor prior to any final approvals
being granted.
S.
Simultaneously with the filing of an application for
a special use permit as required by this subsection, the applicant
and/or owner shall file an application for a license in the form approved
by the Town Board. Approval of said license application and the issuance
of a license, subject to approval of a special use permit, shall be
a requirement which must be fulfilled by the applicant and/or owner
prior to approval and receipt of a special use permit required under
this chapter. This license application may be obtained from the Town
Clerk, and the license, which shall expire one year after its issuance,
must be approved by the Town board and renewed by the Town Board on
an annual basis. The applicant shall be required to pay an annual
fee, the amount of which shall be determined by the Town Board in
its sole discretion based on the unique characteristics of the site
and taking into consideration the cost of its implementation and processing.
(1)
As part of the application for said license, the applicant
shall file with the Town Clerk proof of causality and liability insurance
in a form and amount which shall be determined and approved by the
Town Board in its sole discretion. Said insurance must remain in full
force and effect during the term of the license. Termination of insurance
shall result in the immediate revocation of this license, and revocation,
suspension and/or expiration of said license shall be immediate grounds
to vacate, rescind and set aside the applicant's authority to operate
said tower.
(2)
In the event that the Town determines that the applicant
and/or owner has not complied with the terms of this section, due
to termination of insurance and/or for any other cause, which shall
include the applicant's failure to abide by any of the conditions
of the special use permit or any provision of this subsection, the
applicant and/or owner shall be entitled to five days' notice to remedy
the defects after which, in the event the applicant and/or owner does
not correct the defect complained of, this license shall terminate
immediately. Termination of said license shall be grounds to immediately
revoke the special use permit, and any action taken shall be in the
sole discretion of the Town Board.
A planned business park may be established within
any RR-1.5 or BD-40 or BD-60 District as a special use.
A.
Purposes. The purpose of the planned business park
is:
(1)
To provide a planned area with sufficient space to
accommodate the region's expected future business and manufacturing
growth requirements. This district will provide a location for the
establishment of light manufacturing enterprises, the transaction
of business, the rendering of professional services or other services
involving stocks of goods, ware or merchandise.
(2)
To protect and buffer abutting uses by establishing
setbacks, providing off-street parking and loading/unloading areas
and requiring landscape screening and interplantings of new landscape
materials between existing trees.
(3)
To minimize the danger of fires, explosions, toxic
and noxious matter, radiation, offensive noise, vibration, smoke,
odor and other objectionable influences or hazards.
(4)
To promote a well-considered plan that protects the
character of the area and established patterns in adjacent development,
thereby maintaining land values and protecting the tax base.
B.
MANUFACTURING, BASIC INDUSTRIAL
MANUFACTURING, LIGHT
Special definitions. The following special definitions
shall apply to planned business parks:
Establishments engaged in the basic mechanical, chemical
or other transformation of extracted or raw materials or substances
into new materials, including, but not limited to, the manufacturing
or transformation of materials for use by other manufacturers, the
blending of materials such as lubricating oils, plastics, resins or
liquors, other basic industrial processes, and any facility involving
the storage of hazardous materials or the generation of hazardous
waste products or other environmentally regulated processes.
Facilities involving generally unobtrusive processes not
resulting in the storage of hazardous materials or the generation
of hazardous waste products that require special permits or special
handling, or other environmentally regulated processes (not including
ordinary permits for items such as sewer, water or stormwater); uses
producing products predominately from previously prepared materials,
finished products and parts, including, but not limited to, research,
engineering or testing laboratories, assembly from components, fabrication
of products, textile and clothing manufacturing, warehousing, distribution
centers, furniture or other wood products production and the like,
but excluding basic industrial processing.
C.
General procedure. A planned business park shall require
special use approval. The application shall include, in addition to
other applicable requirements, the following:
(1)
A traffic impact study conducted under New York State
Department of Transportation and Institute of Transportation Engineers
guidelines.
(2)
An environmental impact assessment conducted under
SEQRA.
(3)
A report describing the anticipated uses within the
planned business park and setting forth the design specifications,
management techniques and covenants and restrictions that will be
employed to ensure performance standards set herein be met.
D.
Procedure applicable to individual uses in planned
business parks. The following uses shall be permitted within a planned
business park once a special use permit and a final subdivision plan
approval have been granted by the Planning Board:
(1)
Principal permitted uses. The following shall be permitted
as principal permitted uses in a planned business park:
(a)
Apparel and upholstery manufacturing.
(b)
Business and professional offices.
(c)
Electronic assembly, manufacturing and distribution.
(d)
Electronic data processing and back office operations.
(e)
Furniture, woodworking and glass products manufacturing.
(f)
Government offices.
(g)
Health-care facilities and medical offices.
(h)
Hotels and associated amenities such as restaurants.
(i)
Processing/packaging of flavorings and fragrances,
health-care products and packaged retail goods (where such processes
do not involve air emissions or require federal or state permits for
the same).
(j)
Plastic product molding and fabricating.
(k)
Printing facilities.
(l)
Processing and fabricating of agricultural,
food and kindred products; including wood products manufacturing;
excluding feed milling facilities, sawmills, tanneries and slaughterhouses.
(m)
Research and development facilities.
(n)
Small appliance and light metal fabrication,
including tool and die manufacturing, production of other small metal
parts and manufacturing of medical equipment.
(o)
Warehouse and distribution facilities.
(p)
Wholesale businesses.
(q)
Production greenhouses.
(2)
Permitted uses subject to site plan review. The following uses shall be permitted within planned business parks subject to site plan review, unless prohibited by Subsection D(4) following:
(a)
Other operations, not listed above, that involve
assembling, disassembling, repairing, fabricating, finishing, packaging
or processing operations of a light manufacturing nature, not including
vehicle or other industrial salvage or recycling.
(b)
Other operations, not listed above, that involve
office, professional or service-oriented businesses.
(c)
Facilities involving more than 100,000 square
feet of building area.
(d)
Facilities and operations, from above, that
involve outdoor storage or stockpiling of materials used in production
or held in inventory.
(e)
Operations generating average daily traffic
of 1,500 or more trip ends.
(3)
Permitted accessory uses. The following uses shall
be permitted as accessory uses to principal permitted uses and uses
subject to site plan review in planned business parks:
(a)
Garages, warehouses and enclosed storage facilities.
(b)
Fuel storage.
(c)
Off-street loading and parking.
(d)
Communications facilities.
(e)
Nursery schools or day-care facilities primarily
serving on-site businesses.
(f)
Recreation and cafeteria facilities for company
employees and families, including trails, picnic areas, recreational
areas and public access facilities open to the general public.
(g)
Retail outlets connected with on-site manufacturing
or processing operations.
(h)
Signs.
(i)
Water and sewage treatment facilities, pump
houses, water towers, fire protection monitors, and other auxiliary
installations.
(j)
Other accessory structures and uses customarily
associated with special and principal permitted uses listed above.
(4)
Prohibited uses. The following uses are prohibited
in planned business parks:
(a)
Fuel distribution or processing operations.
(b)
Junkyards, recycling facilities, salvage operations
and solid waste disposal facilities.
(c)
Mini-storage facilities (mini-warehouses) for
consumer use.
(d)
Extractive uses or the processing of materials
generated by such uses.
(e)
Storage yards for forest products and stone.
(f)
Addiction treatment centers/clinics.
(g)
Vehicle sales, supply and service facilities
(except accessory activity).
(h)
Basic industrial manufacturing facilities.
(i)
Truck terminals.
(j)
Other uses not complying with this section.
E.
Standards applicable to planned business parks and
uses permitted. The following standards shall apply to Planned Business
Parks and individual uses permitted within such parks:
(1)
The outdoor storage of goods or materials, open-sided,
covered structures, truck loading and unloading areas and all equipment,
electrical substations, and mechanical devices shall be shielded from
view from any public highway.
(2)
All electric, telephone, telecommunications, and other
service lines shall be underground or routed along the rear of lot
lines wherever possible.
(3)
No land or structure in the district will be used,
occupied or operated in any manner that creates dangerous, injurious,
noxious or otherwise objectionable conditions that may affect other
properties. All uses shall comply fully with performance standards
of this chapter pertaining to noise, lighting, odors, vibrations,
smoke and related matters regulated thereunder.
(4)
A management plan and covenants and restrictions for
the planned business park to ensure long-term maintenance of properties
and improvements, address hours of operation and deal with other matters
potentially having an impact on adjoining properties, shall be submitted
for review and approval by the Town Planning Board at the time the
land development plan for the park is processed.
(5)
On-street parking on public highways or access roads
within the planned business park shall not be permitted under any
circumstance.
(6)
Landscape and design requirements. Landscape and building
design requirements to be incorporated in project covenants and restrictions
shall be developed and submitted for approval by the Planning Board
at the time the land development plan is processed. Accessory buildings
shall comply with all setback, screening and facade design requirements
applicable to principal buildings. Landscaping shall, at a minimum,
meet the following requirements:
(a)
A landscaped planting screen of no less than
50 feet in width shall be required along the border of the planned
business park with any adjoining dwelling within 200 feet of the property
and any public highway. Such buffer area shall substantially screen
proposed structures from view within a period of five years. Existing
trees and vegetation shall be maintained wherever possible in such
buffer areas and interplanted as may be necessary to accomplish screening
objectives.
(b)
Landscaping, trees and plants (native species)
required by these regulations shall be planted in a growing condition
according to accepted horticultural practices and maintained in a
healthy growing condition. Screening improvements required by these
regulations shall be maintained by the property owner in good condition
throughout the period of the use of the lot. Any landscaping, trees
and plants that are not in a condition to fulfill the intent of these
regulations shall be replaced by the property owner during the next
planting season. All landscaping, trees and planting material adjacent
to parking areas, loading areas or driveways shall be protected by
barriers, curbs or other means from damage by vehicles and from stormwater
runoff.
(c)
To the extent practical and possible, existing
trees, vegetation and unique site features, such as stone walls, shall
be retained and protected. Existing healthy trees with a minimum two-and-one-half-inch
caliper measured three feet from the base, if properly located, shall
be fully credited against the requirements of these regulations. However,
additional interplantings may be required by the Town to increase
the effectiveness of a buffer. Where no existing trees or landscaping
exists, a new shade tree having a minimum caliper of 2 1/2 inches
measured three feet from the base shall be planted within the front
landscaped area for every 40 feet or fraction thereof of lot frontage.
(d)
Parking areas of 50 or more off-street parking
spaces shall have at least 10 square feet of interior landscaping
within the paved portion of the parking area for each parking space
and at least one tree with a minimum two-and-one-half-inch caliper
for every 10 parking spaces or fraction thereof. Each separate landscaped
area shall contain a minimum of 100 square feet, shall be planted
with grass or shrubs and shall include at least one tree of not less
than two-and-one-half-inch caliper. A landscape area shall be provided
along the perimeter of any parking area except that portion of the
parking area that provides access.
(7)
Development standards. The following development standards
shall apply to planned business parks:
(a)
A planned business park shall be a minimum of
10 acres in size.
(b)
Individual lots within a planned business park
shall be a minimum of three acres in size. This shall not apply, however,
to lots used for the purpose of locating utility structures.
(c)
No lot, other than a utility, (e.g., well) lot,
shall have less than 200 feet of lot depth or 200 feet in lot width.
(d)
No lot, other than a utility lot, shall have
any side yard on any side of less than 50 feet. Such yards shall be
increased to a minimum of 100 feet along the periphery of a planned
business park, except where such planned business park adjoins another
such business park or a commercial or manufacturing use.
(e)
Structures within planned business parks shall
not exceed a height of 45 feet, except for communications towers otherwise
regulated herein and unoccupied areas used for mechanicals, elevators,
antennas and industrial processes, which shall be limited to a maximum
of 75 feet. Structures over 35 feet in height shall require evidence
from the local fire department that substantiates capacity to provide
fire protection services related to the structure.
(f)
Structures in excess of 45 feet in height, notwithstanding
the limitations above, may be approved on a special use basis, to
ensure that all firesafety and aesthetic issues are addressed.
(g)
Individual lots within planned business parks
shall be limited to a maximum lot coverage of 75%, provided the total
lot coverage for the planned business park shall not exceed 50%.
(h)
No land disturbance shall be permitted in advance
of approvals of the Planning Board.
A.
Campground design standards.
(1)
Each camping space shall be at least 1,500 square
feet in area and 30 feet in width. There shall be an average of no
more than eight camping spaces per acre for any campground (gross
density including open spaces). The maximum occupancy of the campground
shall be determined by multiplying the number of approved camping
spaces by a factor of six.
(2)
No camping space or area shall be located within 50
feet of any property line. The Planning Board, in the exercise of
its discretion, may increase that setback up to a maximum of 100 feet.
The intention of the setback is to create a minimum division of 100
feet from residential structures, which should ordinarily occur with
the use of a fifty-foot setback. The Planning Board, in exercising
its discretion, should review the general layout of the proposed campground
and camping spaces, its proximity to residential structures, the setback
of the residential structures from the adjoining lot line with the
campgrounds, the nature of the property located between the camping
spaces or areas and the adjoining uses (woods or clear fields) and
the required placement of appropriate improvements buffers (including
fencing and natural buffers) to diminish any impact created by the
placement of camping spaces or areas at 50 feet from the property
line to the existing residences. The outlined setback provisions shall
be utilized and take precedence over the Schedule of District Regulations.[1]
[1]
Editor's Note: The Schedule of District Regulations is included at the end of this chapter.
(3)
Parking spaces for automobiles shall be 30 feet long
and 12 feet wide with an eight-foot-wide strip of gravel, if necessary.
Parking spaces for automobiles with trailers shall be 50 feet long
and 14 feet wide with a ten-foot-wide strip of gravel, if necessary.
(4)
Campgrounds with more than 100 spaces may have as
accessory uses laundromats, retail stores, clubhouses, snack bars,
game rooms, recreational facilities as necessary to allow for the
recreational use, camping cabins and other accessory uses and structures
common to modern campground operations. Accessory uses of a recreational
nature and/or accessory structures of a recreational nature shall
not be located within 100 feet of any property line. "Accessory uses"
as it pertains to recreation uses and/or facilities as used in this
section shall not include racing facilities and/or tracks for motorized
or nonmotorized uses, theme parks and/or pay-per-event concerts. In
addition to the restriction on pay-per-event concerts, "free" concert
events are restricted to registered overnight guests of the campground.
All accessory uses shall be primarily for the use of the campers.
(5)
Interior roads shall be a minimum of 12 feet wide
for one-way traffic and 20 feet wide for two-way traffic, with no
parking permitted on the roadway. Such interior roads shall be easily
traversable and have a well-drained surface. If necessary, provisions
shall be made for dust control.
(6)
At least 10% of the gross acreage of any campground
shall be used for recreational purposes and/or preserved as open space.
All buffer areas required along property lines by this section shall
be credited toward this ten-percent requirement as open space only.
Recreational uses shall not be located in buffer areas.
B.
Occupancy by any individual or group of individuals
in any form of permitted temporary, movable or portable shelter shall
be for a period of not longer than 90 days in any twelve-month period.
C.
No electrical outlets will be required for individual
camp spaces except for those provided for recreational vehicles. All
electrical installations, whether for individual camp spaces or other,
shall be in conformance with Town, County, state and/or federal regulations.
D.
Sanitation facilities shall be furnished in accordance
with the Town, County, state and/or federal agency regulating such
facilities and with the following minimum specifications:
(1)
One toilet for each sex for each 10 spaces shall be
provided within 300 feet of each camping space. A minimum of two toilets
for each sex shall be provided.
(2)
Urinals shall be provided. Up to 1/2 of the male toilets
may be urinals.
(3)
Showers shall be provided and must be served with
hot and cold or tempered water between 90° F. and 110° F.
and be available at a ratio of two showers for each 50 spaces for
each sex.
(4)
Slop sinks or basins and laundry tubs with water supply
shall be provided to serve each 50 spaces.
(5)
Each toilet and shower for which provision is made
in the subsections above shall be in a private compartment or stall.
(6)
The toilet and other sanitation facilities for males
and females shall be either in separate buildings or shall be separated,
if in the same building, by a soundproof wall.
(7)
Where individual water hookups and sewage disposal
facilities are provided, the ratio shall be one toilet and lavatory
for each sex for every 40 spaces, within 500 feet of each space.
(8)
At least one recreational vehicle sanitary dumping
station shall be provided at campgrounds that provide space for recreational
vehicles.
E.
Service buildings housing sanitation facilities shall
be constructed and maintained in accordance with the following specifications:
(1)
They shall be permanent structures complying with
all applicable ordinances and statutes regulating buildings, electrical
installations and plumbing and sanitation systems.
(2)
The service building shall be well lighted at all
times of the day and night, shall be well ventilated, with screened
openings, shall be constructed of such moistureproof material, which
may be painted woodwork, as shall permit repeated cleaning and washing
and shall be maintained at a temperature of at least 68° F. during
the period from October 1 to May 1. The floors of the service buildings
shall be of concrete or similar materials, elevated not less than
four inches above grade, and shall slope to a floor drain located
in each room.
(3)
All service buildings and the grounds of the site
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.
F.
Facilities shall be provided and maintained for the
satisfactory disposal or treatment and disposal of sewage in accordance
with applicable regulations of the Ulster County Department of Health
or the New York State Department of Environmental Conservation, whichever
shall have jurisdiction.
G.
One outdoor water faucet shall be provided for every
10 camping spaces not designed for recreational vehicles. Such water
supply source shall be within 250 feet of the camp spaces.
H.
Flytight, watertight, rodentproof containers shall
be provided within 100 feet of each camping space. Containers shall
be provided in sufficient numbers and capacity to properly store all
refuse.
I.
Each camp space shall be marked for identification,
and such markers shall be easily readable from the interior road.
J.
Provision shall be made for drainage of surface water
so as to prevent accumulation of stagnant water. Each camp space shall
be graded so as to provide proper drainage.
K.
Cooking shelters, campfires, barbecue pits, fireplaces,
woodburning stoves and incinerators shall be so located, constructed,
maintained and used as to minimize fire hazard and smoke nuisance
both on the individual campground used and on neighboring property.
No fuel shall be used and no material burned which emits dense smoke
or objectionable odors. No campfires shall be allowed at any campground
within 100 feet of a property line of a residential structure existing
at the time of site plan approval of the campground.
L.
All lighting systems and/or illuminated signs shall
be directed away or shielded from adjoining properties.
M.
No swimming pool shall be located within 100 feet
of any property line. Pools and structures associated with the pool
shall be completely enclosed by a permanent fence. Installation of
pools and associated structures shall be done in accordance with all
local, County, state, and/or federal laws or regulations.
N.
A copy of the site plan identifying each camp space,
roadways, recreational areas, buildings and facilities and potential
water supplies for fire protection shall be provided to the Chief
of the Fire Department providing fire and ambulance services to the
campground. The Fire Chief shall review and provide comment on any
aspects of the site which might delay or prevent response of emergency
services.
O.
A site map of the facility identifying interior roadways,
individual camp spaces and accessory buildings shall be located at
the entrance to the campground.
P.
An operational manual shall be provided with the site
plan that shall outline the campground rules and regulations for campers,
operating procedures of the camp site and firesafety rules and regulations.
Firesafety rules and regulations shall be supplied to each camper
and posted conspicuously. Said firesafety rules and regulations shall
include:
Q.
Liquified petroleum (LP) gas storage. Storage of bulk
LP gas and individual LP gas containers and construction of LP gas
filling stations shall be in compliance with National Fire Protection
Association (NFPA) regulations and with local, state or federal guidelines.
No bulk storage container for LP gas or LP gas filling stations shall
be located closer than 100 feet to any property line.
R.
Exposed ground surfaces in all parts of every camping
area shall be paved or covered with stone screening or other solid
material or protected with a vegetative growth that is capable of
preventing soil erosion and of minimizing dust.
S.
Interior roads shall be properly related to topography.
The surface and maintenance of interior roads shall be such as to
provide a smooth, hard, dense and well-drained surface to provide
drainage and minimize dust. Interior roads shall be signed to indicate
directions of travel.
T.
Dogs, cats or other pet animals shall not run at large or commit any disturbance of the public peace as found in Chapter 41 of this Code.
U.
Campgrounds shall maintain quiet hours from 10:00
p.m. through 8:00 a.m. During this time there shall be no loudspeaker,
public address system, sound amplification device, radio, CD/cassette
player, TV or other sound-producing item used outside of an enclosed
structure. In addition, camp guests shall be required to observe these
quiet hours.
V.
Each campground shall have located on the grounds
one public telephone accessible to camp guests 24 hours a day.
A.
Mining and excavation operations shall include the
quarrying operations for sand, gravel or other minerals, but be limited
to the removal of the product from the earth and its washing, screening,
crushing, processing and loading for transportation.
B.
The New York State Department of Environmental Conservation
(DEC) is the entity responsible for administering the permits for
mining applications made to the state. It is the Town's intent to
provide input on the conditions that should be included in DEC mining
permits issued for operations located within the Town and to assist
in the enforcement of any resulting DEC mining permit conditions,
as permitted by the state statute. The following procedure shall apply
for the approval of special use permits for mining operations requiring
a DEC permit, not previously approved:
(1)
The Supervisor of the Town, upon receipt of a complete
application for a mining permit from the DEC, or the Code Enforcement
Officer, upon receipt of an application for a special use permit from
the applicant, shall forward said application to the Planning Board
within 10 days following receipt. If the applicant for a state permit
has not yet applied to the Town for special use approval, such applicant
shall be immediately notified that such approval is required prior
to the commencement of operations.
(2)
The Planning Board may, within 30 days of the receipt
of an application, provide the DEC with recommendations on conditions
to be included in the state mining permit, within the following categories:
(a)
Ingress, egress and the routing of mineral transport
vehicles on roadways controlled by the Town.
(b)
Appropriate setbacks from property boundaries
or public road rights-of-way.
(c)
The need for man-made or natural barriers designed
to restrict access and the type, length, height and location thereof.
(d)
The control of dust.
(e)
Hours of operation.
(f)
Whether mining is prohibited within the involved
zoning districts.
(g)
Whether or not the applicant has applied for
a special use permit from the Town and the status of such application.
(3)
Upon receipt of the resulting DEC mining permit, the
applicant shall submit to the Planning Board a copy of the permit
and all information provided to the DEC in support of the application.
The Planning Board shall accept the information as a complete special
use permit/site plan application, once the applicable Town application
fees have been received. The Planning Board shall then incorporate
into the Town special use permit any conditions contained in the state
mining permit related to issues identified by the Town of Plattekill.
C.
For all mining operations not requiring a DEC mining
permit, the normal procedure for special use permit review and approval
shall be used and the following special use permit conditions shall
apply:
(1)
No permit shall be valid for a period of more than
one year.
(2)
The applicant shall file a proposed plan for site
rehabilitation in the manner of DEC applications and shall post a
performance bond or guarantee in a form satisfactory to the Town Attorney
and the Town Board in a sum sufficient to secure such rehabilitation.
If a bond or guarantee has been posted with the Department of Environmental
Conservation, the Town Board may waive the posting of an additional
bond or guarantee.
(3)
Rehabilitation of any worked-out areas shall be commenced
notwithstanding that quarrying operations are still in progress at
the site, provided that such rehabilitation shall not unduly interfere
with continued operations.
(4)
The proposed operation shall not adversely affect
soil, drainage and lateral support of abutting land or other properties
nor shall it contribute to soil erosion by water or wind. Adequate
siltation and erosion control measures shall be specified with the
application.
(5)
All machinery shall be electrically operated, except
for bulldozers, shovels and other equipment used for excavation, collection
of material, loading or hauling.
(6)
There shall be no operations of any kind on Sundays
or public holidays. Within 1,000 feet of any residence, there shall
be no operation on weekdays between 7:00 p.m. and 7:00 a.m. except
by special permission of the Zoning Board of Appeals.
(7)
Where any open excavation will have a depth of 10
feet or more and create a slope of more than 30º with the horizontal,
there shall be a substantial fence at least six feet high with suitable
gates blocking access to the area in which such excavation is located.
Such fence shall be approved by the Planning Board (or Town Board,
if applicable) and be located 50 feet or more from the edge of the
excavation. All operations shall be screened from nearby residential
uses.
(8)
The slope of material in any excavation shall not
exceed the normal angle of repose or 45º, whichever is less.
(9)
Access roads within the area of the permit and located
within 500 feet of a lot line of an excavation operation shall be
provided with a dustless surface. Said access shall not be permitted
within 200 feet of any lot line.
(10)
There shall not be excavation or mechanical
equipment operation nearer than 50 feet to any lot line.
(11)
After any such operation, the site shall be
made reusable for a use permitted in the district. Where topsoil is
removed, sufficient arable soil shall be set aside for retention on
the premises and shall be respread over the premises after the operation.
Topsoil shall not be removed from the site. The area shall be brought
to final grade by a layer of earth of two feet or original thickness,
whichever is less, capable of supporting vegetation. Fill shall shall
be suitable material approved by the Planning Board (or Town Board,
if applicable) consisting of clean, noncombustible material containing
no garbage, refuse or deleterious matter.
(12)
Proper measures, as determined by the Planning
Board, shall be taken to minimize the nuisance of noise and flying
dust or rock. Such measures may include limitations upon the practice
of stockpiling excavated materials on the site.
(13)
At all stages of operation, proper drainage,
approved by the Town Engineer, shall be provided to prevent the collection
and stagnation of water to prevent harmful effects upon surrounding
properties.
D.
Mining and other extractive uses shall be permitted
in the AG-1.5 District, and such portions of the RR-1.5 District as
are designated as "Good" on the "Map of Soil Types Suitable for Construction
Materials," by special use permit. Said map, attached hereto and dated
October 27, 2003, is hereby incorporated as part of this chapter.[1]
[1]
Editor's Note: The Map of Soil Types Suitable for Construction Materials is included at the end of this chapter.
A.
No building or structure used in conjunction with
any outdoor amusement and recreation uses, parks and playgrounds and
associated facilities (other than utility lines) shall be located
within 100 feet of any property line.
B.
Unenclosed amusement and recreation uses, parks and
playgrounds and associated facilities shall be located not less than
150 feet from any property line, except when greater distances are
otherwise required due to the unique characteristic of the use, facility,
proximity of homes, topography, etc. Such unenclosed use shall be
appropriately screened to ensure minimum impact upon adjacent properties.
C.
Illuminated signs and other lights shall be directed
away or shielded from adjoining properties.
E.
Sanitation facilities shall be provided as required
by any Town, County, state or other agency.
F.
Interior roads shall be easily traversable and have
a well-drained surface with provisions for dust control.
G.
The Planning Board may require the applicant to conduct
various studies, including but not limited to noise, traffic, drainage
or other. Such cost to conduct and review said studies would be borne
by the applicant.
H.
The applicant shall be required to provide for mitigation
devices, such as but not limited to berms, fencing, landscaping, screening,
water systems for dust suppression, traffic control, etc., for the
control of noise, dust, fumes or other impacts that might occur as
a result of the recreational activity.
The following shall apply to hotels, motels
and resorts:
A.
Such uses shall include hotels, motels and resort
hotels.
B.
There shall be filed with the application a map or
plan of the entire property showing the proposed location and dimensions
of all structures, recreation grounds and community facilities proposed
to be constructed thereon.
C.
There shall be presented with the application for
this permit a certificate of the County Department of Health approving
of the source and method of treatment of the proposed supply of potable
water.
D.
There shall be presented prior to final site plan
approval two copies of a map or plan of the system of sewage and waste
disposal, which copies shall bear the endorsement and approval of
the County Department of Health.
E.
No structure in such use shall be within 50 feet of
any property line or within 100 feet of any watercourse which is part
of any public water supply system.
G.
Within the total area of the lot, each principal building
used for living purposes shall have the equivalent of lot area and
width, yards and open spaces as follows: Each principal building shall
have, appurtenant and adjacent thereto, a portion of the total area
of the lot to give it front and rear yards each not less than 25 feet
in depth and side yards each not less than 15 feet in width.
H.
Any building designed or used as a place for entertainment,
as a clubhouse, pavilion, casino or for a similar purpose or for bathhouses
for guests of the premises shall have, appurtenant and adjacent thereto,
a portion of the total area of the lot to give it front and rear yards
each not less than 50 feet in depth and side yards each not less than
40 feet in width.
I.
If swimming facilities are proposed to be provided
in such use, plans showing the extent and location of such facilities
and proposed source of water and method of treatment, if any, shall
be submitted with the application for the above permit and such plans
shall bear the approval of the County Department of Health.
J.
No certificate of occupancy shall be issued for any
such use until the Code Enforcement Officer has made a personal examination
and satisfied himself that all of the requirements herein set forth
have been complied with. No such use shall be used or occupied until
a certificate of occupancy has been issued.
In all districts where required, there shall
be provided, at the time any building, structure or use is erected,
enlarged or increased in capacity, pedestrian walkways in accordance
with the requirements set forth herein:
A.
Layout design consideration. The Planning Board shall consider the layout of the pedestrian walkways so that the walkways are contiguous with pedestrian walkways on adjacent parcels. The Planning Board shall require all site plans in the business district to provide for an easement, which specifies the location and layout of such pedestrian walkways. [Note: Where possible, sidewalks are to be constructed in the public highway right-of-way (see Chapter A119). Easements are to be located on the lot where the sidewalks cannot be properly located in the public right-of-way.] Should such walkways not be immediately required as hereinafter provided, all such site plans shall provide for an easement for the location of walkways in the future.
B.
The Planning Board shall have the authority to allow
for phased construction of the pedestrian walkways within a specified
time frame. Construction standards may be found in the Appendix to
the Town of Plattekill Code and amended from time to time by resolution
of the Town Board.
C.
Maintenance. The owner of any real property, whether
vacant or improved, shall be responsible for all maintenance, construction
or improvement costs of the pedestrian walkway.
D.
Monies in lieu of pedestrian walkways. Where the Planning
Board determines that suitable pedestrian walkways are not immediately
required because of inadequacy or lack of connecting sidewalks adjacent
to or in proximity to the lot, the Planning Board may waive the requirement
of pedestrian walkways on the condition that the owner or applicant
deposit a cash payment with the Town Supervisor in lieu of constructing
pedestrian walkways. Such payment shall be placed in a trust fund
to be used exclusively for the construction of pedestrian walkways
in the business districts. The amount of such payment shall be determined
from time to time by resolution of the Town Board.
A conservation subdivision is one where lots
or dwelling units are clustered closer together on a tract with the
specific objective of creating large usable sections of open space
on the remainder of the property and without substantially increasing
density for the tract as a whole. Provided below is an illustration,
followed by the regulations that shall apply to such development in
the Town of Plattekill:
A. 
The Town of Plattekill Planning Board shall be authorized,
simultaneously with the approval of plans under the Town of Plattekill
Subdivision Law,[1] to apply the provisions set forth in this section for
the purpose of accommodating conservation subdivision projects. Conservation
subdivisions offer flexibility in design, facilitate the economical
provision of streets and utilities and preserve open space. They shall
be allowed anywhere within the Town of Plattekill and be processed
under subdivision approval procedures.
B.
The Planning Board may require conservation subdivision,
as a form of development, in those instances where conventional subdivisions
or residential developments would cause significant loss of open space
or otherwise result in significant negative environmental impacts.
An alternative sketch plan employing this concept may be required.
The Town of Plattekill Comprehensive Plan may be used as a basis for
making such a requirement of a subdivider.
C.
Proposed developments shall be processed in the same
manner as a major subdivisions and in accordance with the standards
below.
D.
Conservation subdivisions shall ordinarily include
at least five lots and 10 acres of contiguous land but the Planning
Board may grant exceptions or require conservation subdivision design
practices to protect particularly valuable open spaces. The Planning
Board shall have the authority to require the submission of an alternative
sketch plan, for any subdivision of seven lots or more, depicting
how the property might be developed using this technique.
(1)
If this alternative sketch plan is determined to provide
a superior design in accord with the purposes of this Zoning Law,
the Planning Board may require use of the conservation subdivision
technique or offer a density bonus as an incentive. Such bonus shall
be determined using the following criteria (rounded up to the nearest
lot):
|
Percentage of Open Space
|
Density Bonus
| |
|
30% to 34%
|
9%
| |
|
35% to 39%
|
5.0%
| |
|
40% to 44%
|
10.0%
| |
|
45% to 49%
|
15.0%
| |
|
50% or more
|
25.0%
|
(2)
Nothing herein, however, shall require the Planning
Board to offer a density bonus or full bonus in those circumstances
where the site limitations are such that increased density would materially
impact the quality of the natural environment, threaten public health
and safety or excessively burden public services. At least 30% of
the gross acreage of any conservation subdivision shall be composed
of open space.
E.
The maximum permitted number of dwelling units before
density bonuses shall be determined from the sketch plan submitted
for a conventional subdivision of one-family dwelling units. Such
yield plan shall illustrate all proposed lots, streets, rights-of-way
and other pertinent features. Although it must be drawn to scale,
it need not be based on a field survey. Nevertheless, it must be a
realistic layout reflecting a development pattern that could reasonably
be expected to be implemented, taking into account the presence of
wetlands, floodplains, steep slopes, existing easements or encumbrances,
the type of sewage system proposed, and, if unserved with a central
or communal sewage disposal system, the suitability of soils for subsurface
sewage disposal. The yield plan shall also be based on minimum lot
sizes and other development standards for the zoning district involved.
F.
Only single-family detached and two-, three- and four-family
dwellings shall be employed in this concept. All other dwelling types
shall be considered multifamily dwellings.
G.
Development standards.
(1)
Development standards for streets, lot size, lot width,
lot coverage and lot depth may be reduced, provided no dwelling structure
(single-family or two-family) is located on less than:
(a)
Where neither central/communal sewer nor central
waer facilities are to be provided, or where either central water
facilities or central/communal sewer facilities are to be provided:
32,670 square feet of land.
(b)
Where both central/communal sewer and central
water facilities are to be provided: 14,520 square feet of land.
(2)
A mix of lot sizes will be encouraged and up to 20%
may consist of lots of 10 acres or more that shall be counted as open
space for density calculation purposes if deed restricted from further
subdivision. Such lots shall represent no more than 50% of the open
space. Yard requirements may also be reduced, but in no instance to
less than 20 feet for the front yard and 10 feet for the side and
rear yards, except in instances where zero-lot-line development is
proposed with compensating yards on the opposite side. Notwithstanding
these yard requirements, however, all principal structures shall be
separated by a distance of at least 40 feet. Also, no more than 35%
of any given acre shall be covered with impervious surface in the
form of access drives, parking areas or structures.
H.
No individual parcel of common open space shall be less than one acre except as to roadway median strips, traffic islands, walkways, trails, courtyards, play areas, recreation facilities, drainageways leading directly to streams, historic sites or unique natural features requiring common ownership protection. No more than 50% of the permanent open space may consist of wetlands, floodplains, slopes of 25% or more, water bodies and other undevelopable areas unless incorporated into the open space in such a manner as to make substantial practical use of these areas for trails, other active recreational uses (e.g., ballfields and golf courses) or similar development features, including use for stormwater detention and sewage treatment (see Subsection K). Such determination shall, however, be solely in the discretion of the Planning Board. The Planning Board may also require open space linkages with adjoining properties, set-asides of active recreation area for residents and fronting of up to 50% of lots on open spaces.
I.
The open space resulting from conservation subdivision
design shall be permanently protected through a conservation easement.
The easement shall be titled to a property owner's association (POA),
land trust, municipality (if accepted by the governing body) or other
public entity and placed under such management as to ensure the perpetual
maintenance of the open space in its generally existing condition.
Such land may be used for any Town-approved open space purpose including
farming, active or passive recreational use and similar activities
that will effectively preserve open spaces and the existing landscape
character, prior to the sale of any lots or dwelling units within
the subdivision. Private, deed-restricted ownership for use in open
spaces or agriculture may also be approved at the discretion of the
Planning Board.
J.
Membership in any POA to which open space is to be
dedicated shall be mandatory for each property owner within the subdivision
and successive owners with voting of one vote per lot or unit. The
subdivider shall have full responsibility for operation and management
of the POA until such time as 90% of the lots or units are sold. All
restrictions on the ownership, use and maintenance of common open
space shall be permanent, and the POA shall be responsible for liability
insurance, local taxes, and maintenance of all open space, recreational
facilities and other commonly held amenities. Each property owner
must be required to pay his or her proportionate share of the POA's
cost, and the POA must be able to file liens on the lot/unit owner's
property if levied assessments are not paid. The POA must also have
the ability to adjust the assessment to meet changing needs.
K.
Wells and sewage treatment systems of either an individual
or central or communal nature as defined herein may be located within
or extend into open space areas, provided that infrastructure associated
with such systems shall not count toward open space requirements,
and further provided that subsurface sewage disposal methods are employed,
all required isolation distances are observed and the ownership and
maintenance responsibilities associated therewith are clearly defined
in agreements submitted for approval as part of the subdivision application.
No application shall be approved that does not provide lot buyers
with both the legal authority and the responsibility, individually
or collectively, to maintain all sewer and water facilities on a continuing
basis.
The following standards shall apply to animal
husbandry uses. However, nothing herein shall apply to the keeping
of household pets indoors or property assessed as agricultural use
or any property in a New York State Agricultural District that is
actively employed in agriculture qualifying for agricultural assessment.
A.
Stables, private. Private horse stables are permitted
in any district subject to the following conditions:
(1)
A minimum parcel of two acres shall be required for
the residence and stable.
(2)
No more than one horse shall be kept, except that
one additional horse may be kept for each additional one acre of land.
(3)
One hundred square feet of stable building area shall
be provided for each horse kept on the property.
(4)
No manure storage area shall be located within 100
feet of any adjoining property line or road right-of-way.
(5)
All horses shall be restricted from unauthorized grazing
or intruding upon any adjoining property.
B.
Stables, commercial.
(1)
A minimum parcel of 10 acres shall be required for
a commercial horse stable operation.
(2)
No more than one horse shall be kept for each one
acre of land. Notwithstanding this limitation, a horse training or
similar facility where horses are exercised using a track rather than
being turned out shall not be restricted as to the number of horses
kept, provided the facility encompasses a minimum of 25 acres of land
and other standards of this section are met. Such facilities shall
be subject to special use approval and site plan review, however.
(3)
One hundred square feet of stable building area shall
be provided for each horse kept on the property.
(4)
No stable building shall be located within 100 feet,
and no manure storage area shall be located within 200 feet, of any
adjoining property line road right-of-way.
(5)
All horses shall be restricted from unauthorized grazing
or intruding upon any adjoining property.
C.
Kennels. Kennels (including animal day-care centers
where the animals are boarded for any length of time) shall, where
permitted, be subject to the special use review criteria and the following
standards:
(1)
A minimum parcel of three acres shall be required.
(2)
No structure used for the keeping of animals shall
be located closer than 125 feet to any property line or 100 feet to
any public or private road.
(3)
Parking shall be provided in accord with the requirements
of this chapter.
(4)
A noise barrier consisting of a solid fence not less
than six feet in height or a dense vegetative planting of not less
than six feet in height shall be provided at a distance not to exceed
15 feet and fully encircling all kennel areas not enclosed in a building.
(5)
All animals shall be restricted from using kennel
areas not fully enclosed in a building from 8:00 p.m. to 8:00 a.m.
(6)
Kennels shall be supervised by an on-site contact
person during the day.
D.
Keeping of other animals. The keeping of other animals
such as cows, steers, goats, sheep, swine, llamas and other similar
domesticated animals shall be permitted in any district in accord
with the following criteria, except that the regulations of this subsection
shall not apply to the keeping of horses (see instead the above for
applicable standards) or household pets such as dogs and cats.
(1)
Number of animals allowed.
(a)
Not more than the following number of animals
shall be kept:
|
Animals
|
Minimum Acres for One
|
Animals Per Acre
| |
|---|---|---|---|
|
Cows or steers*
|
2
|
1
| |
|
Swine*
|
1
|
0.4
| |
|
Goats or sheep*
|
1
|
0.4
|
|
Notes:
| |
|
* Not including commercial operations covered
by New York State Department of Agriculture and Markets definition.
|
(b)
These numbers shall not be applied on a cumulative
basis. two acres shall be required to keep one sheep and one swine,
as an example. Other animals shall be classified based on similar
sized animals.
(2)
No stable building, pen, feed lot, corral, manure
storage area or other area where animals are concentrated, except
for grazing paddocks, shall be located less than 100 feet from any
adjoining property line and any public or private road.
A.
Commercial flea markets, auctions and similar uses
where groups of individual vendors rent outdoor or indoor space for
periodic sales events shall be subject to all parking, site design,
buffering, screening, lighting, noise, traffic and other performance
standards of this chapter, whether or not structures are involved.
B.
Such uses shall, where permitted, be subject to special
use approval and site plan review and require traffic studies to determine
what on-site or off-site access, parking and traffic improvements
may be required to adequately serve the use.
C.
Parking needs shall be determined on the basis of
industry best management practices, with no less than one space per
100 square feet of sales area provided. Such parking areas shall be
improved to a mud-free condition. No parking shall be permitted along
public highways or interior access roads.
D.
All such uses shall be closed to the public between
10:00 p.m. and 6:00 a.m.
E.
All outdoor lighting associated with such uses shall
be directed away from adjoining properties and public highways, shielded
and minimized in scope and intensity. The Town may require lighting
contour and other relevant data for this purpose and condition approval
on modifications demanded to reduce the light output.
F.
No outside loudspeakers shall be used to draw attention
to the facility, individual vendors or events.
G.
All signage shall comply fully with the requirements
of this chapter pertaining to retail uses. Temporary signs erected
by vendors shall be directed only toward on-site customers and removed
upon completion of each sales event.
H.
No strings of lights, strings of pennants or similar
devices shall be used to attract attention to the facility.
Residential projects within the Ag-1.5 District
shall be specifically reviewed to ensure that such uses will not create
conflicts with nearby agricultural uses and shall include buffers
of no less than 100 feet from such uses insofar as the placement of
habitable structures and water wells is concerned. Residential projects
shall also incorporate right-to-farm notices and restrictions protecting
agricultural uses from nuisance complaints by residents for engaging
in sound agricultural practices (manure spreading, use of approved
pesticides, pasturing of livestock) that are recognized by the State
of New York.
A.
Lighting for all commercial, residential, institutional
and industrial uses shall be shielded to prevent glare and spillover
of light onto adjoining properties.
B.
All lighting shall be designed so as to avoid unnecessary
or unsafe spillover of light and glare onto operators of motor vehicles,
pedestrians and land uses in proximity to the light source.
C.
No direct or sky-reflected glare, whether from floodlights
or from high-temperature processes such as combustion or welding or
other sources, so as to be visible at the property line on a regular
or continuing basis, shall be permitted.
D.
Lighting contours shall be required on site plans
for purposes of determining compliance with this section. Average
footcandles at the property line shall be less than 1.0 except at
site entrances.
E.
Globe lights shall not be permitted.
F.
Light pole heights shall not exceed building heights
and none shall exceed 25 feet in height.
G.
All lighting over 2,000 lumens in strength shall meet
the full cut-off standard of the Illuminating Engineering Society
of North America (IESNA).
H.
All site activity areas, including parking lots and
walkways, shall meet minimum IESNA standards and exceed those standards
by no more than 25%.
I.
All gasoline canopy lighting shall be fully recessed,
and the maximum light level under the vehicular canopy shall not exceed
20 horizontal maintained footcandles.
A.
Purpose of zone. The purpose of this section is to
protect the public health, safety and welfare of people utilizing
the groundwater source within the area of potential impact from the
Hertel Landfill Superfund Site in the Town of Plattekill, New York.
This plan is to ensure, as feasible as possible, a water supply of
safe drinking water standards. The purpose of this section is to delineate
areas of potential water-quality impacts from the landfill, to maintain
a safe drinking water supply and provide adequate monitoring, if required,
to ensure the safety of the water supply sources in the areas of concern.
B.
Environmental impact assessment area.
(1)
The provisions of this § 110-53 shall apply to all real property lying within the environmental impact assessment area (EIAA) as designated on a map (Figure 19) found in the report titled "Technical Evaluation, Hertel Landfill Superfund Site, Town of Plattekill, New York" prepared by Leggette, Brashears & Graham, Inc. (LBG) and dated May 29, 2003. This map shall be considered an official supplement to and part and parcel of the Town of Plattekill Official Zoning Map. The affected area shall be known as the "EIAA District."
(2)
The EIAA District boundary lines shall be determined
by the use of the scale appearing on Plate 1. From time to time and
to reflect new information of a site-specific nature, the Town Board
may make amendments to the boundaries of EIAA Districts delineated
on Plate 1.
C.
General provisions and requirements. Based on existing
water-quality data, the EIAA District has been delineated to include
areas of potential water-quality impact from the landfill. The EIAA
District has been subdivided into three areas, EIAA I, II and III.
EIAA I includes areas of potential moderate to high risk downgradient
from the landfill that have previously reported water-quality impact
from the landfill. EIAA II includes areas of potential low to moderate
risk further downgradient from the landfill. EIAA III includes areas
of potential low risk crossgradient and immediately upgradient from
the landfill.
D.
Description of environmental impact assessment area
(EIAA). The following describes the individual EIAA Districts depicted
on Plate 1:
(1)
The EIAA I encompasses the area immediately north,
northwest and northeast of the landfill property. The EIAA I extends
approximately 900 feet from the northern edge of the property boundary
(or approximately 750 feet north of Route 44); extends west approximately
450 feet to 550 feet and runs parallel with the western property boundary
to approximately 1,100 feet south of the northwestern corner of the
property (or approximately 1,250 feet south of Route 44); and extends
east approximately 650 feet to 850 feet and runs parallel with the
eastern property boundary to approximately 2,100 feet south of the
northeastern corner of the property (or approximately 2,200 feet south
of Route 44).
(2)
The EIAA II encompasses the area west and east of
EIAA I and the landfill property. The EIAA II extends approximately
4,100 feet from north to south (beginning approximately 700 feet north
of Route 44 and ending approximately 800 feet north of the southern
edge of the landfill property); extends west from EIAA I approximately
1,300 feet to 600 feet and runs parallel with the western property
boundary; and extends east from EIAA I approximately 400 feet to 1,650
feet and runs parallel with the eastern edge of the EIAA I boundary
to approximately 850 feet south of the southeastern edge of the EIAA
I boundary (or approximately 2,950 feet south of Route 44).
(3)
The EIAA III encompasses the area south, west and
east of EIAA II and the landfill property. The EIAA III extends approximately
1,400 feet south of the southern edge of the property boundary; extends
west approximately 1,100 feet and south approximately 2,000 feet to
2,500 feet from the southwestern boundary of the EIAA II; and extends
east approximately 1,800 feet and south approximately 1,800 to 2,200
feet from the southeastern boundary of the EIAA II.
E.
Water supply development criteria.
(1)
Proposed subdivisions or any proposed individual water-supply
source within the EIAA must meet New York State Department of Health
10 NYCRR Part 74, § 7.4.5.C, regulations. Water-quality
analyses must be conducted of each proposed individual well supply
and be sampled for all parameters listed on Table 1. The wells may
be required to be pumped for 24 hours prior to sampling. Areas of
high risk may warrant the pumping test duration to be expanded; or
additional pumping tests may be required to confirm previous pumping
test and water-quality data.
(2)
Any proposed subdivision that indicates potential
risks of water-quality impacts may be required to drill additional
or even all the test wells on the proposed subdivision lots, including
the required water-quality analysis. Any proposed subdivision which
indicates water-quality impacts from the landfill may be required
to develop an acceptable public water source at an acceptable location
in the study region. This would not likely be economically feasible
for smaller subdivisions. In addition, the applicant may be required
to sample a representative number of wells in the subdivision semiannually
to yearly for a prescribed number of years following buildout of the
project. In addition, the applicant may be required to reduce zoning
density or develop a clustered development in an area of the subdivision
which minimizes the potential water quality impacts from the landfill
site.
(3)
Proposed public water supply sources within the EIAA
which indicate potential risks of water-quality impacts may be required
to conduct up to one-hundred-twenty-hour pumping tests, including
off-site well monitoring. In addition, the applicant/owner of the
public water-supply source may be required to sample the wells for
the parameter listed on Table 1 for a prescribed number of years following
buildout of the project.
(4)
Site-specific drilling, testing and water-quality
studies should be carried out at the parcels located within the EIAA
and conducted by a qualified hydrogeologist or engineer representing
the applicant.
F.
Additional requirements. In addition to compliance
with the requirements, as applicable, an applicant for a use subject
in an EIAA shall prepare or have prepared a hydrogeologic analysis
of the property which shall be submitted to and reviewed by the Town
Board and hydrogeologist or engineer of the Town's choice, at the
applicant's expense.
(1)
Study requirements. The purpose of the hydrogeologic
analysis shall be to demonstrate existing water-quality conditions
on the study parcel and whether the proposed use of on-site water
supply sources will degrade or become contaminated from the Hertel
Landfill. Such analysis shall be prepared by a qualified hydrogeologist
at the expense of the applicant. The work scope for hydrogeologic
assessment must be submitted to the Town Board for review by the Town's
hydrogeologist or engineer for approval prior to conducting any such
work scope. Such analysis shall include:
(a)
Identification of the nature and importance
of the groundwater supply and recharge aspects of the individual property
upon which the use is proposed.
(b)
Indication of the direction of groundwater flow.
(c)
Assessment of existing water quality on the
property, and adjacent properties (if available).
(d)
A determination of how development will affect
the regional water table (groundwater flow).
(e)
An analysis of groundwater treatment options,
if required.
(f)
Data regarding the site-specific fracture pattern
of underlying bedrock.
(g)
Additional hydrogeologic data as warranted.
(2)
Planning Board review. The Planning Board may, at
the expense of the applicant, arrange for a review of the hydrogeologic
analysis by a qualified engineer or hydrogeologist of the Town's choosing.
Such review shall be considered by the Planning Board in rendering
the decision on the application. To the greatest extent practicable,
the application for the proposed development and the review of the
hydrogeologic analysis required under this section shall be coordinated
with all other review and permit procedures required by the Town of
Plattekill, including the State Environmental Quality Review (SEQRA)
process.
(3)
Planning Board action.
(a)
After a review of the hydrogeologic analysis,
and compliance with all other applicable procedures for the proposed
use, the Planning Board shall approve, deny or approve subject to
conditions the application for a permit to develop the study parcel.
(b)
The Planning Board may attach such conditions
to the issuance of a permit as it deems reasonable and necessary to
ensure the protection of existing and proposed water supply source(s).
Any conditions that are placed on the approval of a use permit shall
require the owner of the property to perform such action. Such conditions
may include, but are not limited to:
(4)
Denial of application. A denial of an application
shall not preclude an applicant from reapplying for a permit, provided
that the applicant has made significant changes which are designed
to eliminate potential or existing contamination of the groundwater
on the study parcel.
A.
Legislative intent.
(1)
The Town Board of the Town of Plattekill hereby declares
its legislative intent to prohibit the commercial use of land for
any operation of off-road and/or motorized vehicles in residential
zoning districts of the Town, and to provide an orderly mechanism
for the abatement of nonconforming uses of real property being used
for operation of off-road and/or motorized vehicles for commercial
purposes located in the residential zoning districts within the Town.
(2)
The Town Board further declares that such use of land
permitting the operation of off-road and/or motorized vehicles for
commercial purposes is incompatible with residential uses in general
and those specifically permitted uses that are designated in the residential
zoning district regulations as contained in this Zoning Law of the
Town of Plattekill.
(3)
Residents of the Town of Plattekill and the neighborhoods
in which they reside will be protected from the severe negative impacts
associated with the use of land permitting the operation of off-road
and/or motorized vehicles for commercial purposes by the enactment
of this chapter.
B.
Legislative findings.
(1)
The Town Board of the Town of Plattekill has found,
upon due inquiry and investigation, that the operation of off-road
and/or motorized vehicles creates negative environmental impacts that
are unacceptable and should not be permitted in residential neighborhoods
and that legislative action is required to protect people and neighborhoods
in the Town of Plattekill from such negative impacts.
(2)
The use of land which permits the operation of off-road
and/or motorized vehicles for commercial purposes as defined in this
chapter should not be permitted to be introduced into any residential
zoning district, and any preexisting, legal nonconforming such use
should be terminated after a period of transition or amortization
with due consideration to the financial costs that compliance with
this chapter imposes on owners of property presently used for such
purpose in residential zoning districts of the Town.
(3)
The Town Board acknowledges the decision of the Appellate
Court, Third Judicial Department, in Valerie Smith, et al. v. Town
of Plattekill, et al.; decided and entered December 2, 2004, holding
that motorcycle and/or off-road vehicle racetracks were not a permitted
or special use in an R-40 Zoning District by virtue of a local law
adopted by the Town of Plattekill Town Board on or about February
18, 1987. Therefore, the Town Board finds that only those properties
that were devoted to such operations of off-road and/or motorized
vehicles that were legally in existence prior to February 18, 1987,
will be entitled to the transition or amortization provisions provided
below.
(4)
The Town Board further finds that such operation is
injurious to the public health and safety, reduces residential property
values and deprives persons in adjacent neighborhoods of the peaceful
enjoyment of their property. Termination is necessary because there
are limited effective means of reducing such negative environmental
impacts to the extent appropriate for the protection of nearby residential
neighborhoods and owners of residential property.
C.
The commercial use of land for the operation of off-road
and/or motorized vehicles as defined herein shall be deemed injurious
to the public health and welfare in residential zones. All such uses
of real property which permit the operation of off-road and/or motor
vehicles for commercial purposes in residential zoning districts shall
be declared illegal and shall be terminated as provided herein.
(1)
All commercial uses of land which permit the operation
of off-road and/or motorized vehicles, which have either legislatively
and/or judicially been determined, prior to or as of the date of this
chapter, to be existing as of February 18, 1987, shall be permitted
to continue to the extent and scope as established in such determination
for a period of 10 years from the enactment of this chapter, at which
time all such operations shall cease.
(2)
Any owner of real property in the Town of Plattekill
who permits the commercial use of land for the operation of off-road
and/or motor vehicles at the time of enactment of this chapter and
who has not already applied to the Town of Plattekill ZBA for a determination
of whether the land use was preexisting as of February 18, 1987, shall
have 90 days from the enactment of this chapter to make and submit
an application to the ZBA seeking a determination establishing the
existence, scope and extent of this use on the premises prior to February
18, 1987. In the event the ZBA determines such use is a legal preexisting
nonconforming prior use prior to February 18, 1987, such use will
be entitled to continue the scope, size and intensity that was determined
to exist prior to February 18, 1987, for a period of two years from
the enactment of this chapter, subject to the following. At the time
of the ZBA's determination and within 30 days of said ZBA determination
a property may request authorization from the Town Board to operate
for a ten-year period from adoption of this chapter subject to the
following conditions:
(a)
The use may not take place for more than 16
occasions within a calendar year. This includes any type of operation,
including practice days.
(b)
The use may not occur on Sunday.
(c)
Any use on Friday or Saturday must cease by
dusk.
(d)
Any weekday use, Monday through Thursday, must
cease by 6:00 p.m.
(e)
There shall be no expansion of the track or
any other area used for the operation of off-road and/or motor vehicles
as such areas exist as of January 1, 2005.
(f)
Submission of a plot plan to the Town Board
depicting the limits of the operation and provision of adequate screening
and buffering, which plan will be provided to the Planning Board for
its review and recommendation as to the adequacy of said screening
and buffering and all other site plan considerations such as but not
limited to noise and dust.
(g)
No overnight camping shall be conducted in connection
with such use.
D.
No overnight camping shall be allowed in conjunction
with the commercial use of land which permits the operation of off-road
and/or motorized vehicles.
[Added 6-16-2021 by L.L. No. 2-2023]
A.
Legislative intent.
(1)
The Town of Plattekill has two accessible major state highways, which
run north and south, as well as east and west through the Town, these
highways intersect in the Hamlet of Modena. These state highway corridors
serve the Town of Plattekill as a significant transportation asset,
as well as providing access to a mix of residential, commercial, agricultural,
and open space areas in the Town. The Town of Plattekill has numerous
zoning district designations which abut the state highway corridors.
The Town of Plattekill is crossed by New York State Route 32 as a
north south state highway, and Route 44/55 which traverses the Town
in an east/west orientation. These state highway corridors are important
transportation corridors allowing efficient movement of people and
goods throughout the Town.
(2)
There are various zoning districts which exist along the state highway
corridors. The Town is also bisected by the New York State Thruway,
which is a limited access highway owned and maintained by the New
York State Thruway Authority, no access to the New York State Thruway
exists within the Town of Plattekill. Based on this lack of access,
this state highway is not addressed in the floating zone.
B.
Purpose of zone; establishment of zone.
(1)
The New York State Route 32 corridor consists of the RS-1 Zone, BD-40
Zone, BD-60 Zone, RR-1.5 Zone, AG-1.5 Zone, and the HR-1 Zone. State
Route 44/55 abuts the HR-1 Zone, RR- 1.5 Zone, BD-40 Zone, RS-1 Zone,
and the BD-60 Zone in an East/West direction. Within the state highway
corridors, there exists various large parcels with direct frontage
on the state highways with development controlled based on their underlying
zoning which would be conducive to economic development within the
Town of Plattekill. The Town Board has recognized that flexibility
in the zoning would allow for the potential development of identified
uses along the transportation corridors, which would be compatible
with surrounding uses based on the size of the undeveloped parcels
access to the transportation corridors and provisions for on-site
water and sewer systems to serve the developments. The Town Board
concludes that the State Highway Floating Zone is an appropriate device
to encourage development of identified uses within the state highway
corridors within eligible properties identified in this zone.
(2)
The State Highway Floating Zone may be established through the exercise
by the Town Board procedure stated herein with respect to properties
located within eligible areas along the transportation corridors of
New York State Route 32 and State Highway Route 44/55 in the Town
of Plattekill. Such areas of eligibility are more particularly defined
within eligible areas section.
C.
Eligible areas.
(1)
Parcels located along a state highway within the Town of Plattekill
are eligible for inclusion in the State Highway Floating Zone if they:
(a)
Have a minimum 50 feet of highway frontage, usable for access
to and from the state highways; and
(b)
Have a minimum of 15 acres of usable lot area; and
(c)
Are deemed to be an acceptable parcel for a State Highway Floating
Zone by the Town Board in order to implement a specific allowable
use within the Floating Zone.
D.
Permitted uses.
(1)
Principal permitted uses and permitted special uses on the property
shall be those uses which are allowable as identified below.
(2)
In the exercise of legislative discretion, the Town Board shall be
entitled to establish such lot, height, yard, bulk and area requirements
as the Town Board finds to be appropriate to the circumstances of
each particular parcel and each development proposal. The Town Board
may authorize mixed uses on the lands within the State Highway Floating
Zone.
E.
Uses permitted within the overlay zone.
(1)
Principal permitted uses in the zone will be any use identified in
the underlying existing zoning tables; or
(2)
Special uses:
(b)
Medical clinics and offices.
(d)
Professional offices, medical clinics and offices.
(f)
Warehouses, hotels.
(h)
Health-care facilities.
(i)
Senior care community (§ 100-35).
(j)
Lots containing single-family residential structures shall not
be eligible for inclusion within the zoning district. Existing single-family
residential structures would have to be removed or subdivided to create
a separate parcel of at least 15 acres with no residential structure
thereon prior to considering any application under the State Highway
Floating Zone.
F.
Procedure for establishment.
(1)
Petitions for the establishment of a State Highway Floating Zone
for a particular property shall be made, in writing, to the Town Board.
Applications shall be made by the owner, or owners, of the land proposed
to be included in the floating zone, or by a person or persons possessing
a written contract or option rights to purchase such lands. In the
event that an application is made by a person or persons with a contract
or option rights to purchase the lands, the application shall be accompanied
by a statement signed by the owner or owners granting authority on
the part of such applicant to make the application. Upon submission
of a complete application, the Town Board shall refer the application
to the Planning Board for review and recommendation. The Planning
Board shall review said application within 62 days of referral, and
provide any comments to the Town Board within that time.
(2)
Application materials. The Applicant shall submit a conceptual development
plan of sufficient detail as shall be determined by the Town Board.
The concept development plan shall consist, at a minimum, of the following:
(a)
Metes and bounds description of the proposed area to be included
in the floating zone;
(b)
A survey of the lands prepared by a licensed land surveyor;
(c)
A plan, drawn to scale, showing the existing conditions of the
parcel, including:
[1]
Project narrative;
[2]
Name and address of the owner of record and if the applicant
is not the owner of record, then also the applicant;
[3]
Name of the design professional or firm preparing the plan;
[4]
The date, north arrow, and scale of the plans;
[5]
Names and addresses and Tax Map parcels of owners of all parcels
within 500 feet of the property or properties to be included in the
floating zone;
[6]
Acreage of the parcel, and Tax Map number or numbers;
[7]
The location and width of existing state highway frontage, along
with any other county or Town highways or streets which abut the parcel;
[8]
Approximate location and outline of existing structures, both
on the parcel and within 200 feet of the property line;
[9]
Location of any existing storm or sanitary sewers, culverts,
water lines, hydrants, catch basins, manholes, or other infrastructure,
as well as utilities within or adjacent to the parcel, including utilities
located within the state highway right-of-way;
[10]
Existing zoning of the parcel;
[11]
Location and outline of existing waterbodies,
streams, marshes, state and federal wetlands, wetland buffer areas
and their respective classification;
[12]
The approximate boundaries of any area subject
to flooding, including areas of 100-year floodplains;
[13]
The location and outline of existing vegetation;
[14]
Identification of any slopes in excess of 15%;
[15]
The identification of any other significant natural
features;
[16]
Other reports and/or materials the Town Board
or Planning Board may request, including, but not limited to, the
following: traffic study, tree inventory, habitat assessment plan,
census/demographic report, visual impact studies, community letters
of support and/or gateway meeting with various state, county and local
jurisdictions.
(d)
A conceptual development plan, drawn to scale, shall clearly
show the following:
[1]
Approximate location and dimension of proposed principal and
accessory buildings on the site, and their relationship to one another;
[2]
The approximate locations and dimensions of vehicular traffic
circulation features on the site including proposed roadways, internal
driveways, parking and loading areas, and proposed access to the site;
[3]
Proposed water supply and method of delivery;
[4]
A plan for the collection and disposal of sanitary waste from
the site;
[5]
A plan showing proposed stormwater management facilities;
[6]
A plan showing proposed limits of disturbance and areas to remain
undisturbed;
(e)
A vicinity map showing the proposed use in relation to adjoining
uses at a scale of one inch equals 2,000 feet;
(f)
Preliminary architectural treatment for any proposed buildings;
(3)
Initial review.
(a)
In its initial review of the application, the Town Board may
suggest such changes in the concept development plan as are found
to be necessary or desirable by the Town Board in order to meet the
standards of this section. The Town Board may notify the applicant
of such changes and may discuss such changes with the applicant. The
suggestions of changes by the Town Board shall not constitute a waiver
of its legislative discretion to reject or deny the rezoning application.
(b)
The Town Board may reject the application at any time.
(4)
Planning Board review.
(a)
Upon the Town Board's completing its review of the concept
plan, and upon receipt of a request from the Town Board, the Planning
Board shall review the project for purposes of site plan/special use
permit approval, as such approvals may be required for the particular
project under the regulations pertaining to the floating zone. Upon
filing a complete application for site plan and special use permit
approval as otherwise set forth in this chapter, the Planning Board
shall schedule and hold a public hearing. The Planning Board shall
serve as lead agency pursuant to Environmental Quality Review Act.
The initial concept approval and referral to the Planning Board shall
not be considered an action under SEQRA. In the event the Planning
Board approves the application for site plan and special use permit,
the Planning Board shall condition the approval upon the Town Board's
amendment of the Zoning Map by local law to establish the State Highway
Floating Zone designation for the subject property or properties.[1]
[1]
Editor's Note: The Zoning Map is included as an attachment to this chapter.
(5)
Town Board review.
(a)
Following conditional approval by the Planning Board, and after
legislative public hearing by the Town Board, and after referral to
and response from the Ulster County Planning Board pursuant to General
Municipal Law § 239, the Town Board, may act to approve,
approve with modifications or conditions, or disapprove the rezoning
application in the exercise of its sole legislative discretion. Approval
by the Town Board shall result in an amendment by local law of the
Zoning Map.
(6)
Criteria for rezoning by the Town Board to the floating zone.
In determining whether or not to amend the Zoning Map to establish
the floating zone, the Town Board shall consider, together with the
intent and objections of this section, whether the proposed district
and development plan shall meet the following criteria:
(a)
How the site shall be served by potable and fire protection
water. Whether appropriate sanitary sewer facilities are provided
and adequate to accommodate any additional demand upon them by the
proposed development.
(b)
Whether the site is well drained and stormwater generated by
the development shall not place an undue burden on existing facilities
or contribute to downstream flooding.
(c)
Whether the site is located in an area suitable for the proposed
development, so as to be reasonably free of objectionable conditions,
such as odor, noise, dust, air pollution, traffic volume beyond the
capacity of the existing roadway system, and proposed improvements,
as well as other environmental constraints.
(d)
The site should be located in such a manner that allows access
to the site only from the state highway with adequate site distance
that meets current engineering standards for state highway access.
That access to the state highway will be permitted by New York State
Department of Transportation ("NYSDOT") at the location depicted on
the proposed plan, and constructed consistent with NYSDOT regulations,
guidelines, and standards.
(e)
That the project will not produce undue adverse effects on the
surrounding properties.
(f)
The extent to which the scope and design of the project will
establish a worthwhile asset for this segment of the community, and
the community as a whole.
(7)
Time limit on validity of rezoning. Unless actual construction, pursuant
to an approved site plan and valid building permit is commenced within
two years from the date of adoption of the rezoning of a parcel the
Town Board may, by adoption of a local law rescind the Highway Floating
Zone designation. All work under the rezoning application must be
completed within three years of the issuance of a valid building permit
to the applicant. The Town Board may, by adoption of a local law,
rescind the Highway Floating Zone designation if projects are not
completed within three years of the issuance of the building permit.
Completion of the project is considered the issuance of a certificate
of occupancy/certificate of compliance by the Town Building Department.
(8)
Application fees. An application fee shall be charged in the amount
provided for in the relevant fee schedule prevailing at the time of
the application, actual consultant expenses incurred by the Town at
all stages in the process of the project under this section shall
be defrayed by the applicant as provided for within the Town Code.
