B.
Boundaries. The Floodplain Overlay District shall be the one-hundred-year floodplain, as defined in Article XII. The boundaries shown on the Overlay District Map are approximate.
C.
Restrictions. In addition to any restrictions, requirements,
or permits imposed or required by Local Law Number 2 of 1987, no new
structure intended for human habitation and no new septic tank, leach
field, or other sanitary sewage system shall be located within the
Floodplain Overlay District. This shall not prevent the replacement
of existing facilities.
A.
Findings and purpose. The Town of Dover finds that
special protection of the town's stream corridors is necessary to
preserve their scenic character and water quality. The purpose of
this section is to regulate land uses within stream corridors 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 Overlay District includes
all land lying within 150 feet of the mean high water line of the
Ten Mile River, the Swamp River, and all other streams classified
by the New York State Department of Environmental Conservation, as
shown on the Overlay District Map.
C.
Effect of district. Within the Stream Corridor Overlay District, all of the underlying land use district rules remain in effect, except as they are specifically modified by this § 145-14.
D.
Setbacks. No principal structure shall be located
within 100 feet of a watercourse, and no accessory structure 200 square
feet or larger shall be located within 50 feet of a 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.
(2)
Within the SC District, the site plan approval requirement
shall not apply to:
(3)
Within the SC District, the Planning Board may grant
site plan approval only if it finds that, with appropriate conditions
attached, 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 stream 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.
(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 the area to be disturbed lies partially within the SC District, an erosion and sediment control permit shall be required pursuant to Chapter 65 of the Dover Town Code if the total disturbed area (including portions outside the SC District) exceeds 10,000 square feet.
A.
Findings and purpose. The Town of Dover finds that
its water supply is at risk from certain land uses and has therefore
determined that special protection of the town's water supply is necessary
to preserve its purity and quality. The aquifer recharge areas lie
generally within the town limits and are concentrated, for the most
part, in one valley. The purpose of these regulations is to protect
groundwater resources that support both public water supplies and
drinking water for private wells.
B.
Effect of district. Within the Aquifer Overlay District (AQ) as described in § 145-15C, all of the underlying land use district rules shall remain in effect except as specifically modified by this § 145-15. In case of a conflict between this § 145-15 and the underlying use regulations, the more restrictive shall control.
C.
Delineation and description of the Aquifer Overlay
District. The Aquifer Overlay District is divided into two zones,
the Principal Aquifer Zone (PAZ) and the Upland Aquifer Zone (UAZ),
and shall include all land, existing structures, and improvements
within the boundaries delineated on the Aquifer Overlay District Map.
Because the recharge areas for many public water systems and private
wells in the Town of Dover overlap, the boundaries of the AQ are defined
broadly to ensure maximum protection in applying these regulations.
(1)
The PAZ includes the Valley Bottom Aquifer System as defined in § 145-15G, all locations within 150 vertical feet of the Wappinger group geologic formation (including mountainside areas on Dover's west valley wall, well penetrations, and quarry excavations), and additional existing and future wellhead protection areas surrounding community water systems within the Upland Aquifer Zone.
(2)
The UAZ includes all upland portions of the town where
runoff flows toward the PAZ either directly or via stream systems.
(3)
Within both the PAZ and the UAZ, any wells for identified
and declared public water systems shall be protected by a circular
wellhead buffer with a two-hundred-foot radius. These areas shall
be designated "wellhead buffers" and shall be protected as detailed
below.
D.
General provisions for the Aquifer Overlay District.
(1)
The manufacture, use, storage, or discharge of any
products, materials or by-products subject to these regulations, such
as wastewater, solid waste, hazardous materials, or any pollutant,
must conform to the requirements of these regulations.
(2)
Any person or entity preparing an environmental assessment
form or an environmental impact statement per 6 NYCRR 617 shall file
a copy with the nearest public water system owners (as identified
to the applicant by the Secretary of the Town of Dover Planning Board),
the Town of Dover Planning Board, and the Town of Dover Conservation
Advisory Commission.
(3)
Any person who is responsible for a discharge of a
hazardous substance, hazardous waste, petroleum product, or radioactive
material shall immediately notify the Town Clerk of such discharge.
E.
Aquifer Overlay District specific regulations by zone.
(1)
Wellhead buffers.
(a)
Wellhead buffers at all public water systems, including community water systems, installed after the effective date of this § 145-15 shall be protected and controlled through direct ownership of the land or through the acquisition of protective easements or other appropriate measures by the supplier of water in order to prevent contamination. Within wellhead buffers, all systems, facilities, and activities are prohibited except for physical pumping and treatment facilities and controls. The wellhead buffer area shall not be used for any purpose other than public water supply, except when a permit has been issued by the appropriate local board for nonintrusive recreation uses such as hunting, fishing, picnicking, nature study, or hiking. The wellhead buffer area shall be posted prohibiting trespass for any purpose except as permitted in this Subsection E(1)(a).
(b)
The development of new water supply sources for public water systems installed and operated after the effective date of this § 145-15 shall be designed, constructed and maintained subject to the approval and enforcement authority of the Dutchess County Health Department, New York State Department of Environmental Conservation and New York State Department of Health so as to eliminate the opportunity for pollution to enter the water sources.
(c)
The physical pumping facilities and controls
for all public water systems shall be protected against damage from
tampering by fencing or other enclosures or by their manner of construction
and installation.
(2)
Principal aquifer and upland aquifer zones.
(a)
Wastewater treatment systems.
[1]
All wastewater treatment systems, including
residential septic systems for domestic use, which discharge to groundwater
and receive wastewater without the admixture of industrial or other
wastes, as those terms are defined in 10 NYCRR 100, Subpart 112.5,
in quantities of less than 1,000 gallons per day, shall be designed,
installed and maintained in accordance with the standards established
in 10 NYCRR 75 (Appendix 75A). The operation of these wastewater treatment
systems shall also comply with all wastewater disposal standards promulgated
by the Dutchess County Health Department where such standards are
more stringent than those defined in 10 NYCRR 75 (Appendix 75A).
[2]
All other wastewater treatment systems, including
design, installation and maintenance, are subject to and must comply
with permits issued by the New York State Department of Environmental
Conservation.
(b)
Point source discharges. Point source discharges,
other than discharges authorized by permits issued by the New York
State Department of Environmental Conservation, are prohibited.
(c)
Animal waste, fertilizer and pesticides.
[1]
The storage or stockpiling of manure and other
animal waste for use in agricultural operations, agricultural use
of fertilizers and land application of manure, and pesticide (including
herbicide) storage and use shall comply, to the extent practicable,
with the practices detailed in the most current versions of "Controlling
Agricultural Nonpoint Source Water Pollution in New York State —
A Guide to the Selection of Best Management Practices to Improve and
Protect Water Quality" published by the Bureau of Technical Services
and Research, Division of Water, or "Agricultural Management Practices
Catalogue for Nonpoint Source Pollution Prevention and Water Quality
Protection in New York State." These documents are available for public
inspection and reference at the office of the Town Clerk. Assistance
in applying these standards is available from the Dutchess County
Soil and Water Conservation District and the Natural Resources Conservation
Service at the Dutchess County Farm and Home Center.
[2]
Open storage of fertilizers is prohibited.
[3]
Fertilizers, pesticides, and herbicides shall
not be applied in a manner or at a rate which contributes to or causes
a contravention of the water quality standards set forth in 6 NYCRR
700 to 705.
[4]
Pesticide storage and use (including herbicides)
are subject to the approval of, and shall comply with the regulations
of, the New York State Department of Environmental Conservation.
[5]
Disposal of pesticides, including herbicides,
is prohibited unless authorized by permit issued by the New York State
Department of Environmental Conservation.
[6]
Disposal of water used for pesticide makeup
water or for washing of pesticide equipment is prohibited unless authorized
by permit issued by the New York State Department of Environmental
Conservation.
[7]
Use of streams as sources of water or for the
washing of equipment used in conjunction with pesticide or herbicide
application is prohibited.
[8]
Lawn chemicals (pesticides and herbicides) shall
not be applied within 25 linear feet of any watercourse.
[9]
Individuals responsible for oversight of the land uses on private lands are encouraged to consult with the Dutchess County Soil and Water Conservation District and the Natural Resources Conservation Service for proper selection, implementation, and funding of Best Management Practices referred to in Subsection E(2)(c)[1] above.
(d)
Sediment generation.
[1]
Farm tillage practices shall comply to the extent practicable with the most current versions of "Controlling Agricultural Nonpoint Source Water Pollution in New York State — A Guide to the Selection of Best Management Practices to Improve and Protect Water Quality," published by the Bureau of Technical Services and Research, Division of Water, or "Agricultural Management Practices Catalogue for Nonpoint Source Pollution Prevention and Water Quality Protection in New York State," referred to in Subsection E(2)(c)[1] above.
[2]
Land disturbing activities which may result
in deterioration of the quality or quantity of private and public
water supply sources, including but not limited to general construction,
highway construction, access road construction and maintenance, are
prohibited except where measures have been put in place to manage
stormwater runoff during and after construction and to prevent erosion
and sediment production.
[3]
Practices detailed in the most current edition
of "Reducing the Impacts of Stormwater Runoff from New Development,"
published by the Bureau of Water Quality Management, Division of Water,
shall be followed to the greatest extent practicable.
[4]
Site plans submitted to the Town of Dover Planning Board shall clearly describe all land disturbing activities and sediment reduction measures to be implemented during all phases of construction, and the plans for ground disturbance shall be in accordance with Chapter 65 of the Town Code and shall be approved by the Town Engineer before any construction is to begin or permit is issued.
[5]
Individuals responsible for oversight of the
land uses on private lands should consult with the Dutchess County
Soil and Water Conservation District and the Natural Resource Conservation
Service for proper selection and implementation of Best Management
Practices.
(e)
Petroleum storage.
[1]
Aboveground or underground petroleum storage
tanks, including design, installation and maintenance, are subject
to the approval of and must comply with the regulations of the New
York State Department of Environmental Conservation.
[2]
Abandoned aboveground or underground petroleum
storage tanks must comply with the closure requirements of 6 NYCRR
613.9.
[3]
Any storage tank(s) installed or replaced after
the effective date of this section, where storage capacity is less
than 1,100 gallons, must be above ground or fully visible for inspection
within a basement or other interior space. Delivery lines must be
as short as practicable and in good condition.
[4]
Aboveground or underground petroleum storage
tanks over 1,100 gallons and subject to New York State Department
of Environmental Conservation (DEC) regulations must comply with DEC's
regulations, including those pertaining to berms, dikes, and other
appropriate secondary containment construction to prevent the ingress
of stored materials into the ground in the event of a tank leak or
discharge.
(f)
Hazardous substance bulk storage. The storage
of hazardous substances in bulk must comply with the regulations set
forth in 6 NYCRR 596 and permits, orders, and approvals issued pursuant
thereto by the New York State Department of Environmental Conservation.
(g)
Stockpiles.
[1]
Storage of chloride salts is prohibited except
in structures designed to minimize contact with precipitation and
constructed on low-permeability pads designed to control seepage and
runoff; and
[2]
Storage of coal and/or cinders is prohibited
except in structures designed to minimize contact with precipitation
and constructed on low-permeability pads designed to control seepage
and runoff.
(h)
Chloride salt application. Deicing chloride
salt use is restricted to the minimum amount needed for public safety
as determined by the Town Highway Superintendent.
(i)
Construction and closure of wells.
[1]
Oil and gas well construction, use, maintenance
and abandonment are subject to the approval of and must comply with
the regulations of the New York State Department of Environmental
Conservation; and
[2]
Water system and other well construction, maintenance
and abandonment are subject to the approval of and must comply with
the regulations of the Dutchess County Health Department and the New
York State Department of Health as set forth in standards and procedures
contained in Section 5-1.22 of the State Sanitary Code and the New
York State Department of Environmental Conservation under 6 NYCRR
601.
(j)
Cemeteries, veterinary hospitals and offices
and funeral parlors. All cemeteries, veterinary hospitals and offices
and funeral parlors shall be operated to prevent contamination of
the public water supply per the New York State Environmental Conservation
and Public Health Laws.
F.
Inspection and enforcement. The Code Enforcement Officer, or any persons charged with the maintenance or supervision of public water supply systems by their officers or their duly appointed representatives, shall make regular and thorough inspections of the identified protection zones to ascertain compliance with the rules and regulations set forth in this § 145-15. It shall be the duty of such officials to cause copies of any rules and regulations violated to be served upon the persons found to be in violation, together with notices of such violations. If such persons served do not immediately comply with the rules and regulations, the Code Enforcement Officer or the Town Board shall take enforcement action as provided in § 145-57.
G.
AGRICULTURAL ASSOCIATED ANIMAL WASTE
AQUIFER
AQUIFER OVERLAY DISTRICT
AQUIFER RECHARGE AREAS
CHLORIDE SALT
COMMUNITY WATER SYSTEM
DECLARED WELLHEAD
DISCHARGE
FERTILIZER
GROUNDWATER
HERBICIDE
MANURE
NONAGRICULTURAL ASSOCIATED ANIMAL WASTE
NONCOMMUNITY WATER SYSTEM
NONPOINT DISCHARGE
NONTRANSIENT NONCOMMUNITY WATER SYSTEM
OPEN STORAGE
PEST:
(1)
(2)
PESTICIDE
POINT SOURCE DISCHARGE
POLLUTANT
PRINCIPAL AQUIFER ZONE
PUBLIC WATER SUPPLY
PUBLIC WATER SYSTEM
RECYCLABLES HANDLING AND RECOVERY FACILITY
STATE POLLUTANT DISCHARGE ELIMINATION SYSTEM OR SPDES
STORMWATER RUNOFF RECHARGE BASIN
STRUCTURE
SUPPLIER OF WATER
UPLAND AQUIFER ZONE
VALLEY BOTTOM AQUIFER SYSTEM (VBAS)
(1)
(a)
(b)
(c)
(d)
(2)
WAPPINGER GROUP GEOLOGIC FORMATION
WASTEWATER
WASTEWATER TREATMENT SYSTEM
WATERCOURSE
WATERSHED
WELL
WELLHEAD BUFFER ZONE
WELLHEAD PROTECTION ZONE
Definitions of terms used in Aquifer Overlay District
regulations. As used in this section, the following terms shall have
the meanings indicated:
Manure obtained from agricultural activities.
A consolidated or unconsolidated geologic formation, group
of formations or part of a formation capable of yielding a significant
or economically useful amount of groundwater to wells, springs or
infiltration galleries.
The areas delineated on the Aquifer Overlay District Map.
Areas that have soils and geological features that are conducive
to allowing significant amounts of surface water to percolate into
groundwater.
Any bulk quantities of chloride compounds and other deicing
compounds intended for application to roads, including mixes of sand
and chloride compounds in any proportion where the chloride compounds
constitute over 8% of the mixture. A bulk quantity of chloride compounds
means a quantity of 1,000 pounds or more but does not include any
chloride compounds in a solid form, including granules, which are
packaged in waterproof bags or containers which do not exceed 100
pounds each.
A public water system which serves at least five service
connections used by year-round residents or regularly serves at least
25 year-round residents.
The exact, described location where a public water supply
well can be accessed from the ground surface.
Any intentional or unintentional action or omission resulting
in the releasing, spilling, leaking, pumping, pouring, emitting, emptying,
or dumping into the waters of the state or onto lands from which the
discharged substances or materials might flow or drain into said waters,
or into waters outside the jurisdiction of the state, when damage
may result to the lands, waters, or natural resources within the jurisdiction
of the state.
Any commercially produced mixture generally containing phosphorous,
nitrogen, and potassium which is applied to the ground to increase
nutrients to plants.
Water contained in interconnected pores and fractures located
below the water table in an unconfined aquifer or in a confined aquifer.
Any substance or mixture of substances intended for preventing,
destroying, repelling, or mitigating any weed, and being those substances
defined as herbicides pursuant to Environmental Conservation Law § 33-0101.
Animal feces and urine.
Manure obtained from nonagricultural industries.
A public water system that is not a community water system.
Discharges of pollutants not subject to SPDES (State Pollutant
Discharge Elimination System) permit requirements.
A public water system that is not a community water system
but is a subset of a noncommunity water system that regularly serves
at least 25 of the same persons, four or more hours per day, for four
or more days per week, for 26 or more weeks per year.
The holding of a material in a way that the material is exposed
to the elements of nature.
Any insect, rodent, fungus or weed; or
Any other form of terrestrial or aquatic plant
or animal life or virus, bacteria or other microorganism (except viruses,
bacteria or microorganisms on or in living man or other living animals)
which the Commissioner of Environmental Conservation declares to be
a pest as provided by Environmental Conservation Law § 33-0101.
Any substance or mixture of substances intended for preventing,
destroying, repelling, or mitigating any pest, and any substance or
mixture of substances intended for use as a plant regulator, defoliant
or desiccant, and being those substances defined as pesticides pursuant
to Environmental Conservation Law § 33-0101 et seq.
Pollutants discharged from a point source as defined in Environmental
Conservation Law § 17-0105.
Any material or by-product determined or suspected to be
hazardous to human or environmental health.
The area delineated as the Principal Aquifer Zone on the
Aquifer Overlay District Map.
The groundwater resources of the Town of Dover.
A community, noncommunity or nontransient noncommunity water
system which provides piped water to the public for human consumption,
if such system has at least five service connections or regularly
services an average of at least 25 individuals daily at least 60 days
out of the year. Such term includes:
A solid waste management facility, other than pickup and
transfer vehicles, at which recyclables are separated from the solid
waste stream, or at which previously separated recyclables are collected,
for collection, storage, and off-site shipment.
The system established pursuant to Article 17, Title 8 of
the Environmental Conservation Law for issuance of permits authorizing
discharges to the waters of the State of New York.
A man-made device capable of retaining surface water runoff
to induce groundwater infiltration.
A static construction of building materials affixed to the
ground, such as a building, dam, display stand, gasoline pump, installed
mobile home or trailer, reviewing stand, shed, sign, stadium, storage
bin, or wall.
Any person who owns, operates, or formally takes part in
the protection of a public or private water supply.
The area delineated as Upland Aquifer Zone on the Aquifer
Overlay District Map.
The integrated aquifer system and its immediate recharge
areas found in the valley bottom in the Town of Dover.
The VBAS includes the following:
All locations where outcrops of the Wappinger
group geologic formation are present at grade.
All locations where the Wappinger group geologic
formation is the first bedrock formation found under unconsolidated
soil materials.
All overburden soils (sand, gravel, clay, till,
etc.) overlying the Wappinger group geologic formation.
All locations which do not overlie the Wappinger
group geologic formation but where moderately or highly permeable
overburden soils (K greater than 10-5 cm/sec),
including stratified silt, sand, and/or gravel, are hydraulically
connected to, and contiguous to, overburden soils overlying the Wappinger
group geologic formation.
Further explanation of the VBAS is published
in a 1998 water resources report prepared for the Town of Dover by
the Chazen Companies.
The Cambrian-Ordovician carbonate shelf sequence in the Hudson
Valley, equivalent to the Stockbridge formation in Connecticut. The
Wappinger group formation includes the Stissing Dolostone, the Pine
Plains Formation, the Briarcliff Dolostone, the Halcyon Lake Formation,
the Rochdale Limestone, and the Copake Limestone, or equivalent units
to these same. As an easy geologic test, any rock formation which,
when scraped, will provide bubbles in the presence of muriatic acid
(0.1M HCl) is probably a member of the Wappinger group geologic formation.
Aqueously carried waste, including but not limited to dredge
spoil, solid waste, hazardous waste, incinerator ash and residue,
septage, garbage, refuse, sludge, chemical waste, infectious waste,
biological material, radioactive materials, heat, and industrial,
municipal and agricultural waste.
Any treatment plant, sewer, disposal field, lagoon, pumping
station, septic system, collection and distribution pipes, on-site
disposal systems and seepage units, constructed drainage ditch or
surface water intercepting ditch, or other systems not specifically
mentioned in this definition, installed for the purpose of transport,
treatment, neutralization, stabilization, storage, or disposal of
wastewater.
Every spring, stream, wetland, marsh, water channel, or water
body from which water may flow in the Town of Dover.
That land area which contributes water to a specific stream,
aquifer, or aquifer recharge area or portion(s) thereof and which
includes the Aquifer Overlay District Zones II and III.
Any present or future artificial excavation used as a source
of public or private water supply which derives water from the interstices
of the rocks or soils which it penetrates, including bored wells,
drilled wells, driven wells, infiltration galleries, and trenches
with perforated piping, but excluding ditches or tunnels, used to
convey groundwater to the surface.
The area within a radius of 200 feet from any identified
or declared well within the Aquifer Overlay District.
A protective zone or region surrounding or near a wellhead
through which aquifer recharge enters the subsurface and flows toward
a public water system well. For purposes of this section, an area
which allows normal infiltration equaling the daily water requirements
of the water system may be considered an adequate wellhead protection
zone.
[Amended 9-27-2006 by L.L. No. 4-2006; 2-27-2008 by L.L. No.
1-2008; 8-6-2008 by L.L. No. 2-2008; 5-12-2010 by L.L. No.
1-2010]
A.
Findings and purpose. The purpose of this overlay district is to facilitate the redevelopment of the former Harlem Valley Psychiatric Center as a mixed-use community that fulfills the goals of the Town of Dover Master Plan and the purposes of this chapter as expressed in Article I. The town wishes to attract development to this site because it contains certain serviceable buildings and water and sewer infrastructure, as well as both highway and commuter rail transportation access. This overlay district is the most appropriate area of the town for intensive mixed-use development. The provisions of this overlay district are intended to streamline permitting and allow greater use flexibility. The regulations that follow require the preparation of a master development plan that shall be subject to review and approval by the Town Board with input from the Planning Board. Upon approval of the master development plan, an applicant shall be required to secure site plan approval for the various phases of the development from the Town Board in accordance with Article IX of this chapter, as applicable. As part of its review of the site plan, the Town Board shall refer the site plan to the Planning Board for its input and recommendation.
B.
Boundaries. The boundaries of the MC Overlay District are shown on
the Overlay District Map.
C.
Effect of district. Within the Overlay District, all uses listed on the Use Table, Article III, § 145-10B, shall be permitted by right subject to site plan approval only. Any use not listed on the Use Table and not prohibited by § 145-10C may be allowed by special permit. Dimensional and density regulations and requirements for buffers between uses may be modified by the Town Board in the course of master development plan or site plan approval to fit the unique characteristics of the district. In addition, land use district classifications may be changed in the following ways:
(1)
The Town Board may, in its sole discretion, by zoning amendment granted
at the request of an applicant, reclassify any portion of the overlay
district to any other land use district except for the M District.
In so doing, the Town Board shall make a finding that the reclassification
is consistent with the purposes of the Town of Dover Master Plan and
this chapter. The reclassification shall entitle the applicant to
approval by right subject to site plan approval of all specially permitted
uses in the district to which the use has been classified. The Town
Board may attach such conditions as it finds necessary to ensure that
the reclassification of land in the district will be in harmony with
surrounding land uses and the purposes of the overlay district.
(2)
The Town Board may adopt a master development plan within the MC
Overlay District for any portion of the property that includes at
least 40 acres, which shall be consistent with the Town of Dover Master
Plan and any other master plan for the site adopted by the Town Board.
The master development plan shall include a narrative description
of the overall plan, along with appropriate graphics, which show proposed
street layouts, density and general use classifications, recreation
and open spaces, principal and accessory buildings, off-street parking
and major utility systems. The master development plan shall also
present dimensional regulations, which shall be applicable to the
development and project-specific design guidelines illustrating proposed
architectural and site plan details. Said regulations and guidelines
shall include off-street parking and loading standards applicable
to the proposed development in the Overlay District. Project-specific
guidelines shall consider and refer to the Hamlet Design and Building
Form Guidelines produced by the Dutchess County Department of Planning
and Development to the extent applicable. The design guidelines approved
by the Town Board shall be used by the Architectural Review Board
in any review it may conduct of property subject to the master development
plan. A phasing plan shall also be provided in the master development
plan. The Town Board may attach such conditions as it finds necessary
to ensure that the master development plan will be in harmony with
surrounding land uses and the purposes of the overlay district.
(3)
The Town Board shall refer any master development plan submitted
by an applicant to the Town Planning Board for review and comment
as part of the environmental review process. The Planning Board shall
provide written comments within 62 days from its receipt of the master
development plan and an accompanying draft environmental impact statement
(DEIS) deemed complete pursuant to the requirements of the New York
State Environmental Quality Review Act. The DEIS shall be submitted
to the Planning Board in accordance with SEQRA and the referral set
forth in this subsection.
D.
Subdivision and Chapter 65 approval. Notwithstanding anything in Chapter 125 (Subdivision of Land) of the Town Code of the Town of Dover, the Town Board shall have the sole power and authority to approve or disapprove plats for subdivisions related to projects proposed within the MC Overlay District. An applicant shall be required to secure subdivision approval for projects within the MC Overlay District in accordance with Chapter 125 of the Town Code, as applicable. Notwithstanding anything in Chapter 65 (Erosion and Sediment Control) of the Town Code of the Town of Dover, the Town Board shall have the sole power and authority to approve or disapprove any application subject to said Chapter 65 within the MC Overlay District. An applicant for a project within the MC Overlay District shall be required to secure approvals from the Town Board for matters subject to Chapter 65, in accordance with said chapter, as applicable.
E.
Site plan approval/amendments.
(1)
Criteria.
(a)
The master development plan approved by the Town Board shall provide the development framework for subsequent site plan review by the Town Board, which shall be undertaken by the Town Board in accordance with Article IX (Special Permits and Site Plan Review) of this chapter, as applicable. The Town Board shall refer the site plan to the Planning Board, which shall provide written comments to the Town Board within 62 days from its receipt of the site plan. At its sole risk, an applicant may submit a detailed site plan(s) to the Town Board for site plan approval for all or part of an MC Overlay development concurrently with the Town Board review of the master development plan, provided that approval of a site plan may not occur until the Town Board approves the master development plan.
(b)
No site plan or site plan amendment shall be approved by the
Town Board unless the Town Board determines that such site plan or
site plan amendment complies in all material respects with the master
development plan adopted by the Town Board.
(c)
A site plan, or any site plan amendment hereunder, shall be deemed to comply in all material respects with the master development plan adopted by the Town Board, shall not constitute a substantial change for the purposes of the Town Board's implementation of § 145-68D, and presumptively shall not require supplemental review under SEQRA, if such site plan or site plan amendment meets the following criteria as compared to the adopted master development plan. In the case of a site plan amendment, such Amendment shall also be granted without a hearing under any provision of Chapter 145 of the Town Code, provided it meets the following criteria:
[1]
Does not increase traffic volumes generated by the approved
site plan as calculated pursuant to the most recent edition of the
Institute of Transportation Engineer's Trip Generation manual
by more than 10%;
[2]
Does not increase the number of school children generated by
the approved site plan by more than 10%;
[3]
Does not alter the aggregate gross residential density or nonresidential floor area in the approved site plan by more than 10%, provided that under no circumstances shall more residential units be allowed than are permitted under the master development plan approved by the Town Board as it relates solely for the purposes of implementing this § 145-16E. It is specifically intended that, consistent with the goal of allowing greater use flexibility in the MC Overlay District, a change in product or use mix shall not in itself constitute a substantial change;
[4]
Does not increase impervious surfaces in the approved site plan
by more than 10%;
[5]
Does not increase the amount of sewage effluent or water consumption
(gpd) by more than 10%;
[6]
Conforms or substantially conforms with any design guidelines
or other conditions adopted in connection with the approved site plan;
and
[7]
Does not increase by more than 10% any encroachment on:
[a]
Wetlands under the jurisdiction of the New York
State Department of Environmental Conservation or the United States
Army Corps of Engineers;
[b]
Slopes exceeding 15%; or
[c]
Any environmental sensitive area specifically designated
by the Town Board in connection with its approval of the original
Master Development plan.
(2)
Based solely upon these objective criteria, the Town Board shall make a determination concerning any site plan amendment within 30 days of the complete submission of a request for such determination, containing the aforementioned information. Notwithstanding the foregoing, nothing herein shall exempt a site plan or site plan amendment from any applicable legal or regulatory requirements other than as set forth in Chapter 145 of the Town Code.
F.
Limitations on development.
(1)
Overall density of development.
(a)
The maximum density of residential development shall not exceed
1.5 dwelling units per gross acre of land. The gross acres of land
within the district shall be determined by calculating, without any
qualifications or deductions, the total acreage within the district,
including roads, parking and loading areas, land under buildings,
water bodies and other natural features.
(b)
The maximum square footage of nonresidential development shall not exceed a floor area ratio of 0.015, with the floor area ratio defined as the total square footage of all nonresidential uses divided by the gross acres of land within the district, as defined in § 145-16F(1)(a).
G.
Nonresidential development. Nonresidential development shall be designed
within a mixed use hamlet center. It shall provide a variety of retail,
restaurant, personal service, community facility, and other uses that
support the proposed development and provide a focus for the immediate
area, consistent with market conditions as defined in the SEQRA review
process; provided, however that the total square footage of nonresidential
development in the district shall total a minimum of 200,000 square
feet of floor area.
H.
Protection of open space resources. All development in the MC Overlay
District shall protect open space of "conservation value" by clustering
development and utilizing traditional neighborhood design concepts,
to the maximum extent practical. Open space deemed of "conservation
value" includes the existing golf course, the Great Swamp River, New-York-State-designated
wetlands, and the area on the east side of the MC Overlay District
that includes steep slopes in excess of 15%, the reservoir and the
Appalachian Trail.
I.
Vested rights. For 15 years following the approval of a master development
plan by the Town Board, an applicant, or its successor(s) in interest,
shall obtain vested rights to complete the development shown on said
master development plan. All Town local laws, ordinances, and enactments,
and all other Town zoning, planning, environmental rules, requirements
or regulations, which are in effect at the time of the Town Board
approval of a master development plan, shall remain applicable to
said master development plan for 15 years, absent clear and convincing
evidence of a necessity directly relating to the public health, safety
or general welfare.
(1)
Rescission. The Town Board shall have the right to rescind any vested
rights granted hereunder through approval of the master development
plan for a particular applicant if, on the seventh-year anniversary
of the master development plan approval, the Town Board finds in a
written determination supported by substantial evidence that the applicant
has not made reasonable progress in the development of the master
development plan based upon commercially reasonable standards including
the applicable economic conditions existing at that time.
(a)
For purposes of this determination, "reasonable progress" shall
be evaluated by factoring the extent of the applicant's good
faith:
[1]
Processing of applications with the Town of Dover and other
governmental agencies with respect to implementing the approved master
development plan;
[2]
Pursuit of the relevant financing; and/or
[3]
Progress in commencing and advancing construction of the approved
master development plan, as well as identifying tenants for the commercial
space. If requested, the applicant shall provide the Town Board with
relevant documentation in connection with the aforementioned criteria,
including, but not limited to, copies of filed applications, follow-up
technical submissions, meeting minutes, and other relevant correspondence.
(2)
Extension. Upon the expiration of the aforementioned fifteen-year
period or any time prior thereto, the Town Board shall have the right
in its discretion to extend the vested rights granted hereunder based
upon the level of progress by the applicant, or its successor(s),
in completing the build-out of the master development plan. Nothing
in this provision shall prohibit, preempt or otherwise prevent in
any way an applicant from obtaining vested rights to complete any
part of its approved master development plan by common law or otherwise.
A.
Findings and purpose. The purpose of this overlay
district is to provide appropriate locations for soil mining. Soil
mining has historically been an important source of income to Dover's
farms, providing financial stability and enabling them to continue
operating during downturns in the farm economy. As the Town of Dover
develops residentially, conflicts between mining and residential uses
have been occurring with increasing frequency. The Town Board seeks
to balance the need for soil mining to support bona fide agricultural
operations while protecting the rural peace and quiet enjoyed by Town
residents. The Town of Dover 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 District are
shown on the Land Use District Map.
C.
Effect of district. The land within the SM District is the only land in the Town of Dover, other than the M 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 §§ 145-60 through 145-64 and to the supplementary regulations in § 145-42.
