The areas of the Town of Goshen which are subject
to periodic inundation and ponding, as delineated on the Overlay District
Map, are designated as the Flood Plain and Ponding Area Overlay District
for the purposes of protecting human life, preventing material losses
and reducing the cost to the public of rescue and relief efforts caused
by the unwise occupancy of areas subject to floods and ponding. In
the FP Overlay District, no structure shall be erected, constructed,
reconstructed, altered or moved except as listed below. The FP District
is the area defined on the National Flood Insurance Mapping Program
Flood Insurance Rate Maps as "A" ("Special Flood Hazard Areas") Zones
for the one-hundred-year floodplain.
A.
The following uses shall be permitted by right in
FP Overlay District:
B.
The following shall be permitted upon approval of a special permit by the Planning Board in accordance with Article IX. Minimum ground floor elevations of any building shall be required to meet the one-hundred-year floodplain elevation.
C.
Notwithstanding the above, the Planning Board, upon
a finding that an area in the FP Overlay District is safe from flooding
or ponding, may permit such area to be used in accordance with the
regulations (including use, area, bulk and height) for the land use
district. An applicant applying for such permission shall produce
sufficient evidence that the area covered by the application is now
actually safe from flooding or ponding. Such evidence shall include
an indication that means of vehicular access to the premises from
an existing street is safe from flooding, and may include engineering
surveys and reports. Evidence shall also be submitted that sewage
disposal, water supply and surface drainage facilities are adequate
to serve the intended use. Approval of an application by the Planning
Board shall affect only that portion of the land in the FP District
described in the application.
A.
Findings and purpose. The Town of Goshen finds that
special protection of the Town's stream corridors and the reservoirs
used for the village water supply is necessary to preserve their scenic
character and water quality. The purpose of this section is to regulate
land uses within stream corridors and reservoir watersheds to protect
water quality, scenic resources, and the overall appearance of the
community, as well as to reduce the risk of damage from flooding.
B.
Boundaries. The Stream Corridor and Water Supply Watershed
Overlay District includes all land lying within 150 feet of the mean
high water line of the Wallkill River, the Otter Kill, and other streams
or stream segments shown as within the SC District on the Overlay
District Map, as well all lands lying within the Village of Goshen
water supply reservoir watersheds as delineated on the Overlay District
Map.
C.
Effect of district. Within the SC Overlay District, all of the underlying land use district rules remain in effect, except as they are specifically modified by this § 97-26.
D.
Setbacks. No principal structure shall be located
within 100 feet of a watercourse, and no accessory structure 200 square
feet or larger other than a boathouse shall be located within 50 feet
of a watercourse. No hazardous materials may be stored within 100
feet of a watercourse. These setbacks shall apply to all uses including
agriculture. Setbacks shall be measured horizontally from the mean
high water line of the watercourse.
E.
Site plan approval requirement.
(1)
Within the SC District, site plan approval shall be
required for the following:
(a)
Construction of any structure greater than 500
square feet in footprint area.
(3)
Within the SC District, the Planning Board may grant
site plan approval only if it finds that, with appropriate conditions
attached, that the proposed activity:
(a)
Will not result in degradation of scenic character
and will be aesthetically compatible with its surroundings.
(b)
Will not result in erosion or surface water
pollution from surface or subsurface runoff. In making such determination,
the Planning Board shall consider slopes, drainage patterns, water
entry points, soil erosivity, depth to bedrock and high water table,
and other relevant factors. The Planning Board may require vegetated
riparian buffers in which no application of chemicals, vegetation
removal, and/or mowing will be permitted.
(c)
Will comply with other applicable provisions
of this chapter.
F.
Erosion and stormwater control plan requirement. For any special permit, site plan, or subdivision application in which land to be disturbed lies partially within the SC District, an erosion and sediment control plan shall be required pursuant to § 97-42 if the total disturbed area (including portions outside the SC District) exceeds 10,000 square feet.
[Amended 2-23-2009 by L.L. No. 1-2009]
The Town of Goshen has determined, through hydrologic studies, that groundwater supply and quality are serious limiting factors in the development of land within the Town. In order to safeguard the Town's potable water supplies, portions of the Town are hereby divided into two Aquifer Overlay Subdistricts shown on the Overlay District Map as AQ-3 and AQ-6. All proposed uses within the AQ Overlay District, except for small-scale residential development in the RU District (see § 97-19), shall be subject to the requirements of this section. The regulations in this section set the maximum potential limit for density or intensity of development on a particular site and are based primarily upon the findings of the Town-Wide Potable Water Planning Study, dated January 2003 (hereinafter referred to as the "Potable Water Study"), prepared by the engineering firm Schoor DePalma, referred to in the Comprehensive Plan and available in the office of the Building Inspector. The Potable Water Study divided the Town into numbered watersheds for analytical purposes. As used in this § 97-27, the term "watershed" refers to the watersheds identified in the Potable Water Study.
A.
Maximum densities for residential uses. Except as provided in Subsection B below, the maximum allowable density for residential uses that are not served by public sewer and public water shall be three acres per dwelling unit in the AQ-3 and six acres per dwelling unit in the AQ-6. This shall not apply to small-scale development (see § 97-19), except that any subsequent development of parcels from which small-scale development lots have been subdivided shall result in total densities (including the small-scale development lots) no greater than permitted by this Subsection A. For residential uses that are served by public water, if the water source is groundwater located within the Town of Goshen, the water protocols referred to in Subsection D shall be followed to determine the amount of water that may be withdrawn for the development. This may limit the permitted density within a proposed development.
B.
The maximum densities referred to in Subsection A above may be increased if an applicant can show, through site-specific hydrological analysis and project design measures, that the particular proposed project will not adversely affect the supply and quality of potable water, using the water testing protocols described in Subsection D below and Appendix C.[1] The applicant may propose design measures to reduce impacts
on potable water, which shall be considered by the Planning Board
in determining an alternative allowable density. Such measures may
include, without limitation, minimization of impervious surfaces,
minimization of lawns and water-consumptive gardens, prohibition of
or use of moisture meters on lawn sprinkler systems, use of gray water
recycling, advanced subsurface wastewater discharge systems and use
of water-saving plumbing fixtures that are more efficient than required
by applicable building and plumbing codes. The maximum density increase
provided in this subsection shall be no greater than one unit per
two unconstrained acres in the AQ-3 and one unit per three unconstrained
acres in the AQ-6.
[1]
Editor's Note: Appendix C is included at the end of this chapter.
C.
Nonresidential uses. Nonresidential uses which are not served by public sewer and public water shall be evaluated on a case-by-case basis for their impact on groundwater supply and quality. For nonresidential uses that are served by public water, if the water source is groundwater located within the Town of Goshen, the water protocols referred to in Subsection D shall be followed to determine the amount of water that may be withdrawn for the development. Such nonresidential uses shall be subject to such restrictions on operations, use of materials, waste management, and stormwater control as the Planning Board deems necessary to protect groundwater resources from pollution. The Planning Board may deny site plan or special permit approval for any use in which the applicant cannot show that adequate protective measures will be taken to prevent potentially hazardous materials or wastes from endangering groundwater resources.
D.
Water testing protocols. The water testing protocols to be applied in conjunction with the requirements of this § 97-27 are contained in Appendix C of this chapter.[2]
[2]
Editor's Note: Appendix C is included at the end of this chapter.
E.
Well monitoring and reporting. All wells that are
drilled pursuant to this section or as required in the course of any
development approval shall be subject to reporting requirements established
by the Planning Board in order to determine the actual impact of the
development on the Town's potable water supply. This well data shall
be filed with the Building Inspector within one week of obtaining
test results and will be used as part of an ongoing effort to refine
and update the Town's groundwater information in order to improve
the Town's aquifer protection system. This data will normally be collected
and reported at the time the wells are first drilled and tested.
[Amended 2-23-2009 by L.L. No. 1-2009]
A.
Findings and purpose. The purpose of this overlay
district is to provide appropriate locations for soil mining. The
Town seeks to balance the need for soil mining to financially support
bona fide agricultural operations and provide needed materials, while
protecting the rural peace and quiet enjoyed by Town residents. The
Town of Goshen will therefore allow commercial mining only in those
locations where it will help promote the Town's goals of maintaining
rural character and a viable agricultural sector with minimum disturbance
to residential neighbors. The SM District has been delineated to include
mineral resources located on existing commercial farm operations that
have adequate highway access and sufficient buffering from nearby
residences.
B.
Boundaries. The boundaries of the SM Overlay District
are shown on the Overlay District Map.
C.
Effect of district. The land within the SM District is the only land in the Town of Goshen, other than the I Industrial District, where new soil mines may be permitted and where existing soil mines will be allowed to renew their permits from the New York State Department of Environmental Conservation. All new soil mining operations or expansions of existing soil mining operations shall require a special permit from the Town Board, subject to all applicable special permit requirements in Article IX as well as the regulations in Subsection D below.
[Amended 7-23-2009 by L.L. No. 4-2009]
D.
Soil mining regulations.
(1)
Soil mining shall be allowed only within the SM Overlay
District and the I District, subject to a special permit, provided
that the operator complies with all applicable requirements of the
New York State Department of Environmental Conservation.
(2)
Any application for a soil mining special permit shall
be deemed a major project if it also requires approval of a mining
permit from the New York State Department of Environmental Conservation
(DEC). Proposed soil mining that does not require a DEC permit shall
be deemed a minor project.
(3)
An applicant for a major project special permit for
soil mining shall submit copies of all applications and other materials
submitted to the DEC in connection with its soil mining application.
(4)
In determining whether to grant or deny a special permit application for soil mining, the Town Board shall consider all applicable special permit criteria, including but not limited to the environmental performance standards in § 97-50. If the Town Board grants a major project special permit subject to conditions, such conditions shall be limited to the following, unless the laws of New York State allow the imposition of additional conditions:
(a)
Ingress from and egress to public thoroughfares
controlled by the Town.
(b)
Routing of mineral transport vehicles on roads
controlled by the Town.
(c)
Requirements and conditions specified in the
permit issued by the DEC concerning setback from property boundaries
and public thoroughfare rights-of-way, natural or man-made barriers
to restrict access, dust control, and hours of operation.
(d)
Enforcement of reclamation requirements contained
in any DEC permit.
E.
Nonconforming soil mines. A nonconforming soil mining
operation may expand by mining within the boundaries of the original
parcel on which the mine was legally permitted, but only to the extent
allowed by an existing Department of Environmental Conservation (DEC)
permit or as otherwise provided by the laws of New York State. This
shall not prevent the continuation of any nonconforming industrial
use of a property where soil mining products mined off site are used
as a raw material.
[Amended 2-23-2009 by L.L. No. 1-2009]
A.
Findings and purpose. Special protection of scenic road corridors is necessary to preserve the attractive rural quality of the Town. The purpose of this section is to regulate land uses within designated scenic road corridors to protect the Town's scenic beauty and rural character. This section is intended to apply to those sections of road corridors that substantially retain their scenic character and have not been subject to significant commercial or intensive residential development. The protections in § 97-14D are intended to cover areas that are or will be subject to commercial development.
B.
Boundaries. The Scenic Road Corridor Overlay District
includes all land in the RU District shown on the Overlay District
Map as part of the SR District, lying within 800 feet of the right-of-way
of NY State Routes 17M and 17A or within 500 feet of any other roads
shown on the Overlay District Map.
C.
Effect of district. Within the Scenic Road Corridor
Overlay District, all of the underlying land use district regulations
remain in effect, except as they are specifically modified by this
section.
D.
Site plan approval requirement. Within the SR District, site plan approval shall be required for the following, even if such activities or uses are allowed by right without site plan review by the Use Table in § 97-10:[1]
(1)
Construction of any structure or any addition to a
structure greater than 500 square feet in footprint area, including
residential structures.
(2)
Within any one-year period, in any location that is
visible from the designated scenic road in winter:
[1]
Editor's Note: The Use Table is included at the end of this chapter.
E.
Site plan approval exemptions. Within the SR District,
the site plan approval requirement shall not apply to:
F.
General standards. Within the SR District, site plan
approval may only be granted if, with appropriate conditions attached,
the proposed activity:
(1)
Will not result in degradation of scenic character
and/or will be aesthetically compatible with its surroundings.
(2)
Will minimize the removal of native vegetation, except
where such removal may be necessary to open up scenic views and panoramas.
(3)
Will locate and cluster buildings and other structures
in a manner that minimizes their visibility from the road to the extent
practical.
G.
Landscape.
(1)
A continuous green buffer, at least 100 feet deep
along Routes 17M and 17A and 50 feet deep along the other scenic roads,
shall be maintained. This buffer shall consist of native trees and
shrubs, as well as fields, meadows, and lawn areas. Bike paths and/or
sidewalks may be constructed within this landscaped buffer. This buffer
requirement shall not apply in the immediate area around existing
residences located within the buffer area.
(2)
Shade trees shall be provided within 25 feet of the
right-of-way at no more than forty-foot intervals. An applicant for
site plan or special permit approval shall not be required to plant
more than one shade tree per 1,000 square feet of floor area proposed
to be developed on the parcel.
(3)
To the maximum extent practical, existing trees, lawns,
and shrubs shall be preserved, unless they are proposed to be replaced
by native trees or other native vegetation deemed appropriate by the
Planning Board.
H.
Architecture.)
(1)
Existing structures with historic or architectural
significance shall be retained to the extent practical. Alterations
to such structures shall be compatible with the architecture of the
existing structure. New structures shall be compatible with the historic
structures in their vicinity.
(2)
Buildings visible from the scenic roads, including
canopies for accessory facilities, shall have peaked roofs with a
slope of at least 8:12, except that hip roofs with a slope of at least
4:12 and flat roofs that are hidden by a raised cornice shall also
be permitted.
(3)
Windows shall be vertically proportioned and balanced
on facades, with width-to-height ratios ranging from 1:2 to 3:5. Horizontal
windows may be used just below roof eaves ("eyebrow" windows) and
as first-floor display windows.
I.
Fences. Chain link fences and stockade or other fence
designs that block visual access to land in the corridor shall be
prohibited, unless such fences are necessary to screen a preexisting
use that does not conform to the requirements of this section.
[Added 9-14-2017 by L.L.
No. 4-2017[1]]
A.
Findings
and purpose. The Town Board hereby finds that it is in the best interests
of the Town and its residents to continue to diversify the economic
base of the Town in order to increase tax and other revenues from
commercial development in the Town to offset the costs of providing
residential services in the Town and to provide job opportunities
to local residents. The purpose of this overlay district is to allow
commercial recreation and tourism development opportunities in the
Town along New York State Route 17.
B.
Boundaries.
The Commercial Recreation Overlay Zoning District includes properties
adjacent and with nearby access to New York State Route 17 located
within the Rural (RU) and Hamlet Residential (HR) Zoning Districts
in the Town of Goshen, as more particularly described in the Zoning
Overlay Map amendment[2] and as shown on the Zoning Overlay Map.
[2]
Editor's Note: See the entry for L.L. No. 4-2017 in Attachment
6 to this chapter.
C.
Special permit required. A commercial recreation facility shall require the issuance of a special permit and site plan approval by the Planning Board, subject to the relevant procedures and required findings set forth within Article IX of this chapter.
D.
Environmental
review. Prior to making a determination to grant or deny special permit
and site plan application for a commercial recreation facility, the
Planning Board shall require the preparation of, and adherence to
the procedures for, an environmental impact statement pursuant to
the State Environmental Quality Review Act ("SEQRA") and its implementing
regulations.
E.
Public
water and sewer. A commercial recreation facility shall require the
utilization of public water and sewer services.
F.
Commercial
recreation facility standards. A commercial recreation facility special
permit and site plan/subdivision application shall meet the standards
set forth in this chapter; provided, however, that where a conflict
exists between the development standards contained in this section
and any bulk, use table, guideline, standard, regulation, requirement,
or any other limitation or restriction contained in this chapter,
the development standards in this section shall govern and supersede
all others.
G.
Development
standards. A commercial recreation facility is subject to the following
development standards:
(1)
Minimum
lot area. The minimum total consolidated or combined lot area for
a commercial recreation facility shall be no less than 200 contiguous
acres. This provision does not apply to any lot or lots utilized for
utilities.
(2)
Ownership.
The tract of land proposed for commercial recreation facility may
have one or more owners, and every application shall require the written
consent of all individuals, firms, associations, syndicates, partnerships
or corporations with proprietary interest in the affected land, authorizing
the applicant to act on behalf of the owner or owners in connection
with all matters pertaining to the commercial recreation facility
application. In the case of multiple ownership, a plan once approved
shall be binding on all owners, their successors and assigns.
(3)
Permitted
uses. The following uses are permitted within the Commercial Recreation
Overlay Zoning District, as are associated accessory uses:
(a)
Indoor commercial recreation. Recreational activities conducted entirely
within a building, including but not limited to tourism facilities,
interpretive learning centers, aquariums and museums, operated on
a commercial or fee basis, and may include the following accessory
uses, such as food service, theaters, retail sales and other accessory
uses incidental to the recreational activity.
(b)
Outdoor commercial recreation. Recreational activities conducted
outside of a building conducted on a commercial or fee basis. An outdoor
recreational use may include, but are not limited to, motorized rides
and accessory uses and buildings, food stands, retail sales and other
uses accessory and incidental to the outdoor commercial use.
(c)
Hotels with or without conference space.
(d)
Restaurants.
(e)
A commercial recreation facility may include a mix of the above uses,
which may be located on a single consolidated lot or lots to be combined,
or on adjacent lots which may be separated by access roads or other
lots, provided that the various lots are integrated into the overall
design. Access roads and driveways may be located within setback areas,
including associated grading work for such roads and driveways.
(4)
Land
use requirements. The applicant shall submit, as part of its site
plan and/or subdivision, layouts and development standards for minimum
lot size, frontage, yard requirements, height restrictions and any
other bulk standard or land use control requirements which shall be
subject to approval by the Planning Board. Unless otherwise approved
by the Planning Board, the following dimensional development standards
shall apply:
(a)
Minimum road frontage: 500 feet.
(b)
Minimum front yard setback: 50 feet.
(c)
Minimum side yard setback: 50 feet.
(d)
Minimum rear yard setback: 50 feet.
(e)
Maximum impervious surface coverage: 25%.
(f)
Maximum height: 100 feet.
(g)
Maximum footprint for any nonresidential structure: 100,000 square
feet.
(5)
Access
roads. Access roads to and within a commercial recreation facility
shall generally be interconnected and shall be a maximum width of
60 feet of continuous pavement. At least two access points to a commercial
recreation facility shall be provided onto a public road. Except for
approval by the Planning Board and any necessary governmental permitting,
no variance or authorization pursuant to New York Town Law § 280-a
or otherwise shall be required for the location of access roads to
any lot within the CR District, including any part of such lot only
subject to the underlying zoning.
(6)
Building
area. The location and arrangement of all structures shall be in harmony
with the purposes of this special use. The location and arrangement
of structures shall not be detrimental to existing adjacent development
or to the existing or prospective development of the Town.
(7)
Boundary
setbacks, buffer areas and transitional uses. Along the boundaries
of a commercial recreation facility, provision shall be made for a
combination of uses and buffer areas that constitute a transitional
separation between surrounding existing and prospective uses and the
proposed development. If the existing use adjoining a commercial recreation
facility is residential, sufficient buffers and screening, which may
consist of undisturbed natural areas, shall be provided at the perimeter
of the site where the commercial recreation facility is to be constructed,
to buffer and screen such residential development from the commercial
recreation facility to the greatest extent practicable.
(8)
Off-street
parking and loading requirements. Sufficient and adequately designed
off-street parking spaces and loading areas shall be provided, and
the internal circulation system shall be adequate to provide safe
accessibility within the site. The adequacy of the number of proposed
parking spaces shall be determined by the Planning Board.
(9)
Underground
utilities. To improve the quality of the environment and to reduce
inconvenience during bad weather, where possible, utilities, including
electric and cable, shall be installed underground within the commercial
recreation facility. This provision does not apply to electrical transmission
facilities.
(10)
Utilities and drainage facilities. Utilities and drainage facilities
shall be designed in accordance with New York State and local requirements
and industry standards and best management practices.
(11)
Conditions. The Planning Board, at its discretion, may attach any
reasonable conditions on an approved commercial recreation facility
special permit as necessary to assure conformance of the commercial
recreation facility with the intent and objectives of this section.
(12)
Clearing and grading. Clearing and grading for a commercial recreation
facility may commence upon the granting of a clearing and grading
permit by the Town Building Inspector and compliance with any permits
incidental to the clearing and grading activities, such as the SPDES
general permit for stormwater discharges from construction activity
(GP-0-15-002).
[1]
Editor's Note: This ordinance also provided for expiration
of these provisions as follows: "This Commercial Recreation Overlay
District shall terminate and cease to exist without further action
by the Town Board if the Town Planning Board does not approve a special
permit and site plan and/or subdivision for a Commercial Recreation
Facility within six (6) months of the effective date of this local
law or, if so approved, the Commercial Recreation Facility is thereafter
abandoned."
