A.
Wetlands in lot area calculations. In computing minimum
lot sizes pursuant to the Dimensional Table, the area of wetlands
shall be subtracted from total acreage in the lot area calculation.
B.
Corner lots and through lots. Wherever a side or rear
yard is adjacent to a street, the front setback shall apply to such
side or rear yard. Corner lots shall be deemed to have two front yards,
two side yards, and no rear yard.
C.
Projections into required yards.
(1)
The following projections into required yards shall
be permitted:
(2)
Carport. An open or enclosed carport shall be considered
a part of the building in determining compliance with setback requirements.
(3)
Porch. An open or screened porch may project eight
feet into a front setback area.
(4)
Driveways. Driveways on lots with 100 feet or more
of road frontage shall be set back at least 20 feet from side lot
lines, except that common driveways may occupy any part of a side
yard adjoining the lot of another user of the common driveway. On
lots with less than 100 feet of frontage, no side yard setback shall
be required.
D.
Height exceptions.
(1)
The height limitations in the Dimensional Table shall
not apply to any flagpole, radio or television receiving antenna,
spire or cupola, chimney, elevator or stair bulkhead, parapet or railing,
water tank, or any similar nonhabitable structure, provided that such
structure is firmly attached to the roof or side of a building and
covers no more than 10% of the roof area.
(2)
Barns, silos, solar energy systems, communication towers, and wind energy conversion systems may exceed height limits in the Dimensional Table, provided that they comply with applicable sections of this Article VII, and provided that for every one foot by which such structures exceed the height limit, the minimum setback requirements are increased by one foot.
E.
Setbacks for accessory structures and uses.
(1)
Any accessory structure attached to a principal building
and any detached barn, garage, stable, tennis court, or swimming pool
shall comply with the minimum setback requirements of this chapter
applicable to the principal building. Other detached accessory structures
or uses may encroach into required setback areas provided that they:
(a)
Are not used for human habitation;
(b)
Have a footprint no larger than 200 square feet;
(c)
Do not exceed 16 feet in height;
(d)
Do not occupy more than 10% of a rear setback
area;
(e)
Are set back at least 10 feet from side or rear
lot lines;
(f)
Are not located closer to the street than the
front yard setback required for a principal building, except for fences,
gates, mailboxes, newspaper receptacles, signs, sand storage bins,
bus shelters, and similar roadside structures with less than 100 square
feet of footprint, as well as ornamental structures such as entry
pillars and statues; and
(g)
Are not used for housing animals.
(2)
For corner lots, the setback from all streets shall
be the same for accessory structures as for principal buildings.
F.
Setbacks involving irregular buildings and lot lines.
Where structures or lot lines are irregular or unusual in configuration,
all points on the structure shall satisfy the minimum setback requirements
from that point on the lot line which is the shortest distance from
the structure.
G.
Fences (including hedges) and walls.
(1)
The setback requirements of this chapter shall not
apply to retaining walls of any height or to fences less than six
feet high in any side or rear yard, except where corner clearances
are required for traffic safety.
(2)
The setback requirements of this chapter shall not
apply to any front yard fences or walls less than four feet high,
except that customary agricultural wire, board, or split rail fencing
which does not obstruct visibility may be higher.
(3)
Within the M Zoning District, the setback requirements of this chapter
shall not apply to fences less than 10 feet high in any side or rear
yard of any property which borders another property in the M Zoning
District, or which abuts a rail line.
[Added 1-30-2013 by L.L. No. 1-2013]
H. 
Corner clearance/visibility at intersections. Where
necessary to provide visibility for traffic safety, the Highway Superintendent
or the Planning Board may require all or a portion of any corner lot
which is shown shaded in Sketch A to be cleared of all growth (except
isolated trees) and other obstructions that block visibility of traffic
on an intersecting street. The Planning Board may require excavation
to achieve visibility. This provision shall not apply to intersections
with traffic signals or four-way stop signs.
I.
Reduction in lot area. No conforming lot shall be
reduced in area in a manner that violates the dimensional requirements
of this chapter.
The following guidelines shall apply to the
siting of nonresidential uses that are subject to site plan or special
permit approval. They are recommended but not required for the siting
of individual residences.
A.
Wherever feasible, retain and reuse existing old farm
roads and lanes rather than constructing new roads or driveways. This
minimizes clearing and disruption of the landscape and takes advantage
of the attractive way that old lanes are often lined with trees and
stone walls. (This is not appropriate where reuse of a road would
require widening in a manner that destroys trees or stone walls.)
B.
Preserve stone walls and hedgerows. These traditional
landscape features define outdoor areas in a natural way and create
corridors useful for wildlife. Using these features as property lines
is often appropriate, as long as setback requirements do not result
in constructing buildings in the middle of fields.
C.
Avoid placing buildings in the middle of open fields.
Place them either at the edges of fields or in wooded areas. Septic
systems and leach fields may be located in fields, however.
D.
Use existing vegetation and topography to buffer and
screen new buildings if possible, unless they are designed and located
close to the road in the manner historically found in the town. Group
buildings in clusters or tuck them behind tree lines or knolls rather
than spreading them out across the landscape in a sprawl pattern.
E.
Minimize clearing of vegetation at the edge of the
road, clearing only as much as is necessary to create a driveway entrance
with adequate sight distance. Use curves in the driveway to increase
the screening of buildings.
F.
Site buildings so that they do not protrude above
treetops and crest lines of hills as seen from public places and roads.
Use vegetation as a backdrop to reduce the prominence of the structure.
Wherever possible, open up views by selective cutting of small trees
and pruning lower branches of large trees, rather than by clearing
large areas or removing mature trees.
G.
Minimize crossing of steep slopes with roads and driveways.
When building on slopes, take advantage of the topography by building
multilevel structures with entrances on more than one level (e.g.,
walkout basements and garages under buildings) rather than grading
the entire site flat. Use the flattest portions of the site for subsurface
sewage disposal systems and parking areas.
A.
Sanitary disposal. No person shall construct any structure
in the town without meeting applicable requirements of the town, the
Dutchess County and New York State Departments of Health, the New
York State Department of Environmental Conservation, and other governmental
authorities that regulate water supply and sewage disposal systems.
Issuance of a certificate of occupancy shall be subject to sanitary
system inspection and certification by the Dutchess County Department
of Health and compliance with all conditions imposed by any other
governmental authority.
B.
Water supply. The Planning Board may require an applicant for any subdivision, special permit, or site plan approval to provide evidence of water availability and may require test wells and professional hydrological studies sufficient to establish that a proposed development will have adequate supplies of potable water and will not adversely affect any aquifer resource or the supply or quality of drinking water in the surrounding area. (See § 145-15.)
A.
Excavation and grading necessary for the construction
of a structure for which a building permit has been issued shall be
permitted, provided that it does not adversely affect natural drainage
or structural safety of buildings or lands, cause erosion or sedimentation,
or create any noxious conditions or hazard to public health or safety.
B.
In the event that construction of a structure is stopped
prior to completion and the building permit expires, the premises
shall be promptly cleared of any rubbish or building materials by
the property owner, and any open excavation with a depth greater than
two feet below existing grade shall either be promptly filled in and
the topsoil replaced or shall be entirely surrounded by a fence at
least six feet high that will effectively block access to the area
of the excavation.
C.
The Planning Board may, in connection with a major
project site plan or major subdivision, require an applicant to furnish
an irrevocable letter of credit, certified check, or other form of
security to guarantee reclamation of areas to be excavated or graded
if a project is abandoned. Such security shall be for an amount reasonably
related to the potential cost of such reclamation and shall be in
a form deemed acceptable by the Town Attorney.
E.
No excavation or grading and no clear-cutting of 10,000
square feet or more in preparation for site development shall be undertaken
prior to the grant of any special permit, site plan, or subdivision
approval required for such development.
F.
Excavation of any area exceeding 2,000 square feet and/or clear-cutting of any area exceeding three acres shall require a zoning permit from the Code Enforcement Officer, unless such excavation or clear-cutting is performed pursuant to an approved site plan, special permit, subdivision, or building permit or as a normal and customary activity in conjunction with commercial logging or a farm operation (as defined in Article XII).
The town finds that protection of its wetlands and watercourses helps to maintain water quality and the health of natural ecosystems, reduces flooding, erosion, and sedimentation, and protects important wildlife habitat areas. The town also recognizes that both the state and federal governments regulate wetlands and desires to avoid duplicating regulatory programs while cooperating with state and federal agencies. To ensure that development minimizes damage to wetlands and watercourses, the town establishes the following requirements in addition to the Stream Corridor Overlay District provisions of § 145-14.
A.
State and federal wetland permit coordination. All
applicants for any town permit or approval that might result in disturbance
to a wetland or watercourse shall, as early as possible in the application
process, apply to the New York State Department of Environmental Conservation
(DEC) and/or the United States Army Corps of Engineers (ACOE), as
appropriate, for any applicable permits. The applicant shall submit
copies to the town of any application to or correspondence with ACOE
and DEC concerning required wetland permits for the project.
B.
Required watercourse and wetland mapping and delineation. Any site plan, plot plan, building permit or zoning permit application, variance application, subdivision plat, preliminary subdivision plat, or other plan submitted to a town regulatory board or official shall show the location and stream classification of all watercourses and the location of any DEC-regulated wetlands and wetland buffers on the parcel, as determined by a DEC field delineation, if available, or from current DEC wetland maps. If the proposal requires that a wetland delineation be performed for the ACOE, the applicant shall submit a copy of such delineation to the reviewing board or official. If no delineation is submitted and the reviewing board or official has reason to believe that the proposal would involve disturbance to wetlands, the applicant may be required either to submit a wetland delineation or to obtain a certification from a qualified wetlands expert that there are no wetlands within the area proposed to be disturbed. A wetland delineation may also be required if necessary to determine allowable maximum density for a flexible development pursuant to § 145-19A.
C.
Imposition of conditions to protect wetlands and watercourses.
The reviewing board or official shall ensure that applicants comply
with the requirements of DEC and ACOE and shall impose appropriate
conditions to minimize damage to wetlands and watercourses. Such conditions
may include modifications in the size and scope of a proposed project,
as well as changes in the location of structures or other improvements
on the parcel.
The town finds that the alteration of steep slope areas poses potential risks of erosion, sedimentation, landslides, and the degradation of scenic views. Accordingly, the following requirements are hereby imposed in areas with slopes exceeding 15%. Where a soil erosion and stormwater control plan is required by § 145-32, such plan shall provide the information needed to comply with this § 145-36.
A.
For any subdivision, special permit, site plan, building
permit, zoning permit, or variance that involves the disturbance of
slopes greater than 15%, conditions shall be attached to ensure that:
(1)
Adequate erosion control and drainage measures will
be in place so that erosion and sedimentation do not occur during
or after construction.
(2)
Cutting of trees, shrubs, and other natural vegetation
will be minimized, except in conjunction with logging operations performed
pursuant to applicable guidelines of the New York State Department
of Environmental Conservation.
(3)
Safety hazards will not be created due to excessive
road or driveway grades or due to potential subsidence, road washouts,
landslides, flooding, or avalanches.
(4)
Proper engineering review of plans and construction
activities will be conducted by the town to ensure compliance with
this section, paid for by escrow deposits paid by the applicant.
(5)
No certificate of occupancy will be granted until
all erosion control and drainage measures required pursuant to this
section have been satisfactorily completed.
B.
Slope determinations shall be made based upon the
topographic information required for a particular approval, along
with such other topographic information as a reviewing board or official
shall reasonably require or the applicant shall offer. In cases of
uncertainty or dispute, a qualified professional retained by the town,
at the applicant's expense, shall determine the location of regulated
slopes.
C.
For purposes of determining the location of steep
slope areas, only contiguous slopes containing at least 5,000 square
feet of steep slopes, as defined above, shall be considered. Within
the HM and HR Districts, contiguous slopes containing at least 1,500
square feet shall be considered.
A.
Agricultural buffers. Wherever agricultural uses and
other uses unrelated to the agricultural operations abut, the applicant
for the nonagricultural use shall provide buffers to reduce the exposure
of these abutting uses to odors, noise, and other potential nuisances
associated with the agricultural operation. Such buffers may consist
of vegetative screening, woodlands, vegetated berms, or natural topographic
features.
B.
Required disclosure. In the case of any proposed residential
development that abuts agricultural uses, the Planning Board shall
require the applicant to issue a disclosure to potential purchasers
of lots or dwelling units as follows: "This property adjoins land
used for agricultural purposes. Farmers have the right to apply approved
chemical and organic fertilizers, pesticides, and herbicides and to
engage in farm practices which may generate dust, odor, smoke, noise
and vibration." This disclosure shall be required as a note on a subdivision
plat or site plan and may also be required to be made through other
means reasonably calculated to inform a prospective purchaser, such
as by posting, distribution of handbills, inclusion in an offering
plan or real estate listing information sheet, or letter of notification.
This section may also be applied to any commercial development at
the discretion of the Planning Board.
C.
Agricultural data statement. Any application for a special permit, site plan approval, use variance, or subdivision approval requiring municipal review and approval by the Town Board, Planning Board, or Zoning Board of Appeals that would occur on property within an agricultural district containing a farm operation, or on property with boundaries within 500 feet of a farm operation located in an agricultural district, shall include an agricultural data statement as defined in § 145-74. The reviewing board shall evaluate and consider the agricultural data statement in its review of the possible impacts of the proposed project upon the functioning of farm operations within the agricultural district.
A.
Off-street parking.
(1)
Purpose. The town finds that large and highly visible
parking areas represent one of the most objectionable aspects of commercial
development. Such parking lots damage the historic layout and architectural
fabric of hamlet areas, harm the natural environment and visual character
of the community, interfere with pedestrian safety and accessibility,
and reduce the quality of life in developed areas. However, the town
also recognizes that inadequate parking can diminish quality of life
by creating traffic congestion, safety hazards, and inconvenience.
The town therefore seeks to balance the need for adequate parking
with the need to minimize harm resulting from the provision of parking
and to avoid the negative impacts of excessive parking lot construction.
(2)
Minimum parking required for residential uses.
(a)
For a single-family or two-family dwelling:
two spaces per dwelling unit.
(b)
For a multifamily dwelling: 1 1/2 spaces per
dwelling unit.
(c)
These requirements may be reduced for dwelling
units with less than 1,000 square feet of floor space, senior citizen
housing, mixed-use development, or other appropriate circumstances
if the Planning Board determines that such reductions are warranted.
(3)
Parking requirements for nonresidential uses. The number and layout of parking spaces for nonresidential uses shall be based on the need to protect public safety and convenience while minimizing harm to the character of the community and to environmental, historic, and scenic resources. Since nonresidential uses vary widely in their need for off-street parking, parking requirements shall be based on the specific operational characteristics of the proposed uses. The provisional parking standards in Subsection A(3)(a) below shall be applied and may be varied by the Planning Board according to the criteria in Subsection A(3)(b) below.
(a)
Provisional parking standards.
[1]
Retail or service business uses: four spaces
per 1,000 square feet of enclosed floor space.
[2]
Industrial/warehouse uses: two spaces per 1,000
square feet of enclosed floor space or one space per employee.
[3]
Office uses: three spaces per 1,000 square feet
of floor space.
[4]
Lodging facility: one space for each bedroom
plus one space for each nonresident employee and one space for every
200 square feet of floor space for meetings and functions.
[5]
Restaurants, theaters, and other places of public
assembly: one space for every three seats.
[6]
Uses not listed above: as appropriate to the
circumstances.
(b)
Criteria for applying provisional standards.
In applying or modifying the provisional parking standards for any
proposed use, the Planning Board shall consider:
[1]
The maximum number of vehicles that would actually
be parked at the use at times of peak usage. Parking spaces shall
be sufficient to satisfy 85% of the anticipated peak demand. The likelihood
of people walking, bicycling, or carpooling to the proposed use shall
be taken into consideration.
[2]
The size of the structure(s) and the site.
[3]
The environmental, scenic, or historic sensitivity
of the site (including applicable limitations on impermeable surfaces).
In cases where sufficient area for parking cannot be created on the
site without disturbance to these resource values, the Planning Board
may require a reduction in the size of the structure so that the available
parking will be sufficient.
[4]
The availability of safely usable on-street
parking.
[5]
The availability of off-site off-street parking
within 400 feet that is open to the public, owned or controlled by
the applicant, or available on a shared-use basis, provided that the
applicant dedicates such off-site land for public parking or demonstrates
a legal right to shared use.
[6]
The requirements for parking for the disabled
as prescribed by the Americans with Disabilities Act.
(c)
Set-aside for future parking. The Planning Board
may, as a condition of reducing the provisional parking standards,
require an applicant to set aside additional land to meet potential
future parking needs. Such land may remain in its natural state or
be attractively landscaped but may not be used in a manner that would
prevent it from being developed for parking in the future.
(d)
Parking lot as accessory use to residential
dwelling. Parking spaces may be made available for nonresidential
uses on residential lots in the HM District by special permit. Such
spaces shall be screened from adjoining properties and roads and shall
not exceed five spaces per lot.
(e)
Fee in lieu of parking space. Where the required
spaces cannot be provided on site and are not currently available
on the street and/or in municipal parking lots, the applicant shall
pay a fee in lieu of one or more required spaces in an amount established
by the Town Board sufficient to cover the estimated cost of providing
additional public parking spaces. Such fee shall be kept in a dedicated
fund for municipal parking purposes and shall be used for such purposes
within three years or returned to the applicant (or the applicant's
successor).
(4)
Design, layout and construction of parking areas.
(a)
Location and screening.
[1]
All off-street parking shall be located behind or to the side of the principal building, except as provided in Subsection A(4)(a)[2] and [3] below. Parking spaces located in a side yard shall, if possible, be screened from public view. Adjoining parking areas shall be connected directly to one another or to a service road or alley wherever feasible to reduce turning movements onto roads.
[2]
Within any district, parking may be located
anywhere on the site if it is screened from public roads and adjoining
properties.
[3]
Within the HC District only, a maximum of one
row of on-site parallel, perpendicular, or diagonal parking may be
located in front of the principal building but not within the required
front yard. If any parking spaces are located in front of the principal
building, the minimum front yard setback shall be increased by 30
feet and shall be planted with alternating double rows of trees or,
if wooded, left in its natural state.
[4]
If a parking lot containing 10 or more spaces
lies within or borders the SR, RU, or RC District, a buffer zone at
least 50 feet wide shall be planted with trees or dense vegetation
to provide screening along all boundary lines, unless the adjoining
properties are in the HC, CO, or M District or contain a nonresidential
use.
(b)
Construction of parking areas. Parking areas
shall be surfaced with a suitable durable surface appropriate for
the use of the land, with adequate drainage. Surfacing, grading, and
drainage shall facilitate groundwater recharge by minimizing impermeable
pavement and runoff. Overflow or peak period parking surfaces shall
be permeable. Oil traps may be required for larger paved parking lots.
(c)
Landscaping. Parking areas shall be designed
and landscaped to avoid long, uninterrupted rows of vehicles by breaking
them into separate parking lots divided by tree lines, alleys, pedestrian
areas, or buildings. Parking lots containing more than 40 spaces shall
be divided into smaller areas by landscaped islands at least 15 feet
wide located no more than 120 feet apart. All islands shall be planted
with three-inch minimum caliper shade trees at a density of at least
one tree for every 20 linear feet of island. Parking lots containing
fewer than 40 spaces shall provide at least one three-inch minimum
caliper shade tree per eight spaces.
(d)
Lighting. Lighting within parking lots shall
be on low poles of 12 feet to 15 feet maximum height, with color-corrected
lamps and cutoff luminaires designed to minimize glare and light pollution.
Design of poles and luminaires shall be compatible with the style
of the architecture and adjoining streetscape treatment. Sidewalks
leading from parking lots shall be lit with bollard lighting and indirect
illumination of buildings and vegetation.
B.
Off-street loading.
(1)
General requirement. Loading docks and service access
areas shall be located in a manner that minimizes visual intrusion
on public spaces and ensures pedestrian and automobile safety by separating
truck traffic and loading operations from pedestrian and automobile
circulation. Where appropriate, loading docks shall be screened by
walls extending from a building face or placed within arcades or other
architectural features designed to blend them with the architecture
of the building. Adjacent buildings shall be sited to allow shared
access to loading docks through the use of common loading zones or
service alleys.
(2)
Exception for Hamlet Mixed-Use District. The need to maintain the traditional layout and historic character of the town's hamlets may preclude the establishment of modern loading facilities in some older buildings in the HM District. In such situations, the requirements of Subsection B(1) above shall not apply and on-street loading shall be permitted.
[Amended 12-23-2009 by L.L. No. 3-2009; 7-30-2014 by L.L. No.
5-2014]
A.
Purpose. The purpose of this section is to control the location,
size, quantity, character, and lighting of signs in order to maintain
the attractive appearance of the Town and avoid conditions of clutter
and unsightliness. Through these regulations the Town seeks to:
(1)
Protect public health and safety by ensuring that signs do not create
dangerous conditions, obstruct vision necessary for traffic safety,
or confuse, distract, or mislead motorists, bicyclists, or pedestrians;
and
(2)
Promote the general welfare by creating a more attractive visual
environment that preserves the Town's historic and rural character,
protects property values, encourages economic growth, and minimizes
negative impacts of signs on adjoining properties.
B.
Exempt signs. The following types of signs may be erected and maintained without zoning permits, board review, or fees, provided that these signs comply with the general regulations in § 145-39F and with all other requirements of this chapter. As used in this Subsection B, the term "residential uses" shall include mixed-use lots on which at least 50% of the floor space is residential.
(1)
Permanent signs.
(a)
Signs not exceeding one square foot in area and bearing only
property numbers, postal route box numbers, or names of occupants
of premises.
(b)
One sign, not exceeding 24 square feet in area, designating
a farm.
(c)
Flags and insignia of any government, except when displayed
in connection with commercial promotion.
(d)
Commercial and noncommercial information signs. Signs providing
noncommercial information to the public, including community service
information signs, public utility information signs, safety signs,
danger signs, no trespassing signs, signs indicating scenic or historic
points of interest, traffic control signs, hours of operation, directional
parking signs, and all signs erected by a public officer in the performance
of a public duty.
(e)
One on-premises sign, either freestanding or attached, in connection
with any residential building, for permitted home occupations. Such
signs shall not exceed two square feet and must be set back at least
10 feet from the highway right-of-way. Such signs shall state name
and occupation only and shall not be illuminated.
(2)
Temporary signs. The following types of signs may be erected and maintained without zoning permits, board review, or fees, provided that these signs comply with the general regulations in § 145-39F and with all other requirements of this chapter.
(a)
Temporary, nonilluminated "For Sale" or "For Rent" real estate
signs and signs of similar nature, concerning the premises upon which
the sign is located. For residential uses, one sign per lot, not exceeding
six square feet per side and must be set back at least 10 feet from
the highway right-of-way. For business or industrial uses, one sign
per lot, not exceeding 12 square feet, set back at least 15 feet from
all property lines. All such signs shall be removed within three days
after closing of the sale, lease, or rental of the premises.
(b)
Temporary, nonilluminated window signs and posters not exceeding
40% of each window surface. (Such signs are normally used to advertise
specific products or sales and are removed or replaced on a regular
basis.)
(c)
Two temporary signs for a roadside stand selling local agricultural
produce in season, provided that such signs do not exceed 32 square
feet each, are set back at least 10 feet from the public right-of-way,
and are removed at the end of the selling season.
(d)
On-premises signs for garage sales and auctions, not exceeding
four square feet, for a period not exceeding seven days per event.
(e)
Political posters, banners, and signs, not exceeding six square
feet on residential uses or 16 square feet on nonresidential uses,
provided that:
(f)
One sign, not exceeding six square feet on residential uses
or 16 square feet on nonresidential uses, listing the architect, engineer,
contractor and/or owner, on premises where construction, renovation,
or repair is in progress.
(g)
Signs, portable or otherwise, advertising special events for
nonprofit organizations, such as firemen's field days, church
bazaars, bake sales, etc. Such signs shall not exceed 24 square feet
in area and shall not be displayed for more than 30 days.
(h)
Signs required to be posted in connection with hearings on development applications, as provided in § 145-62F(3).
(i)
Signs marking areas of highway or utility construction, repair,
or maintenance.
C.
Temporary new business signs: building permit required.
(1)
Temporary new business sign, to establish a new business, not to
exceed 20 square feet, nonilluminated, wall/window mounted and valid
for 90 days. This sign is permitted through a Building Department
sign permit to allow a new business to open with a sign in place while
seeking permanent sign approval. An application to the permitting
authority must be submitted and the applicant must be scheduled to
appear before the permitting authority within 90 days of issuance
or violation will be issued. A one-time, ninety-day extension can
be permitted as per review of the Building Inspector only if the application
is in the process of permitting authority review.
(2)
All applications for temporary new business sign permits shall contain
or have attached the following information:
(a)
The name, address and telephone number of the applicant.
(b)
The principal business or businesses conducted on the property.
(c)
The location on the building, structure or lot to which or upon
which the sign or other advertising device is to be attached or located.
(d)
The size of the sign.
(e)
A description of the sign(s), including symbol, text, size of
any lettering, material used, color of lettering or symbol and background.
D.
No permit required. Building Department document submissions are
required and are to include the same documentation as required for
temporary new business sign permits for:
(1)
Signs not exceeding four square feet directing the public to specific
establishments may be allowed with proof of New York State Department
of Transportation approval provided to the Town.
(2)
One neon sign not exceeding three square feet may be allowed inside
the window of a business establishment.
(3)
Temporary sale/event signs for businesses, valid for 30 days, not
permanently attached to the ground or permanent structure or a sign
designed to be transported, for day-to-day operations. Building Department
submission is required, and the sign is to be posted for not more
than 30 days per event or notice of violation will be issued.
E.
Prohibited signs.
(2)
No exterior sign shall be illuminated internally, and no sign shall
contain flashing, intermittent, rotating, or moving lights.
(3)
Portable signs that are mounted on wheels, including motor vehicles
or trailers parked in one location on a long-term basis and functioning
primarily as signs, shall be prohibited.
(4)
No permanent sign or any part thereof shall contain or consist of
any moving, rotating, or revolving device.
F.
General sign regulations. All signs that are not prohibited by Subsection E above are regulated by this section. Signs that are not exempt under Subsection B shall require building permits. However, if signs are proposed in connection with any special permit or site plan application, such signs shall be reviewed and approved under applicable criteria for the principal uses and shall not require a separate building permit if constructed pursuant to an approved plan. All signs erected in connection with nonresidential or multifamily structures larger than 1,000 square feet gross floor area and/or in connection with a site plan approval shall also be subject to review by the permitting authority as provided in Local Law Number 3 of 1997.[1]
(1)
Permit applications. Applications for new signs or proposed changes
in existing signs shall include a scaled drawing showing the type
of lettering, sign dimensions, colors, materials, and method of illumination,
if any, and a plan showing the location of the sign on the building
or property. A building permit shall be required for any change in
the size, shape, lighting, materials, or location of an existing sign.
(2)
Location and maintenance.
(a)
Signs shall be erected, constructed, and maintained in a manner
that does not obstruct traffic movement or visibility or cause any
hazard to public safety.
(b)
No signs shall be placed, painted, or drawn on utility poles,
bridges, culverts, or other road or utility structures or signposts,
or on trees, rocks, or other natural features, except that signs not
exceeding one square foot posting property boundaries may be placed
on trees. No signs shall be placed on municipally owned property without
permission of the Town Board.
(c)
All signs shall be kept in good repair. Painted surfaces shall
be kept neatly painted at all times.
(3)
Sign area, height and illumination.
(a)
Projecting signs. Projecting signs shall not exceed 16 square
feet in area and shall not project more than four feet from the side
of the building. The bottom of such signs shall be no lower than 10
feet and no higher than 15 feet above the finished grade.
(b)
Wall-mounted signs. Wall-mounted signs shall not exceed 32 square
feet, extend more than one foot from the surface of the wall, cover
more than 10% of the front surface of a building, cover a window,
obscure architectural detailing, interrupt a roofline, or be placed
on the roof of a structure.
(c)
Window signs. Signs placed in windows shall not cover more than
40% of the window area.
(d)
Awning signs. The valance portion of an awning may be used as
a sign, with a maximum of 16 square feet of sign area. The bottom
of the awning shall be at least eight feet above the finished grade.
(e)
Freestanding signs.
[1]
Individual freestanding signs for a sole business on a single
lot shall not exceed 32 square feet in area nor 10 feet in height.
The height of the sign shall be measured from the ground elevation
to the top of the sign.
[2]
Plaza or multiple businesses in a structure.
[a]
Where there are five or fewer businesses: one sign
structure shall not exceed a cumulative total of 65 square feet per
sign structure, maximum height of 12 feet, and the individual components
of such groupings shall be large enough to be read safely by passing
motorists traveling at the speed limit. The height of the sign shall
be measured from the ground elevation to the top of the sign.
[b]
Where there are five or more businesses: one sign
structure shall not exceed a cumulative total of 80 square feet per
sign structure, maximum height of 15 feet, and the individual components
of such groupings shall be large enough to be read safely by passing
motorists traveling at the speed limit. The height of the sign shall
be measured from the ground elevation to the top of the sign.
(f)
LED service station. Permanent ground-mounted signs for use
only by fuel service stations for the sole purpose of advertising
fuel costs are allowed. Such signs may not display light of such intensity
or brilliance to cause glare or otherwise impair the vision of the
driver, or result in a nuisance to the driver.
[1]
Size. No such sign shall exceed 32 square feet with a maximum
height of 10 feet. The LED numerals may not exceed 12 inches in height.
Signs may be double sided.
[2]
Setbacks. All ground mounted signs shall be located a minimum
of five feet set back from the street right-of-way. At intersections,
no sign shall be in the sight triangle or obstruct site distances.
[3]
Color. All lighted LED numerals shall only be green, white or
red in color. An LED background screen may only be black.
[4]
Illumination. The sign must not exceed a maximum illumination
of 5,000 nits (candelas per square meter) during daylight hours and
a maximum illumination of 500 nits (candelas per square meter) between
dusk to dawn as measured from the sign's face at maximum brightness.
(g)
LED community message board. Permanent ground-mounted sign for
use only by not-for-profit government agencies. Light-emitting diode
(LED) displays/electronic variable-message signs allow for the display
of information including events, times, services at a location, or
building. Electronic variable-message signs are permitted, provided
that the content or manner of display of the content not change more
than two times per day. Messages are to be static; specifically, flashing
displays, scrolling displays, displays of continuously changing text
or images are prohibited.
[1]
Size. No such sign shall exceed 32 square feet, including the
structure that the sign is mounted in, with a maximum height of 10
feet, including structure. The LED lettering may not exceed 12 inches
in height. Signs may double sided.
[2]
Setbacks. All ground-mounted signs shall be located a minimum
of five feet set back from the street right-of-way. At intersections,
no sign shall be in the sight triangle as defined by this ordinance.
[3]
Color. All lighted LED numerals shall only be green, white or
red in color. An LED background screen may only be black.
[4]
Illumination. The sign must not exceed a maximum illumination
of 5,000 nits (candelas per square meter) during daylight hours and
a maximum illumination of 500 nits (candelas per square meter) between
dusk to dawn as measured from the sign's face at maximum brightness.
[5]
Require automatic brightness control/dimmer keyed to ambient
light levels.
[6]
Require display to go dark if there is a malfunction.
[7]
Specify distancing requirements from areas zoned for residential
use and/or prohibit orientation of sign face towards an area zoned
for residential use.
(h)
Menu boards. The following types of menu boards are permitted.
A menu board shall only be legible by patrons of the business to which
the menu board applies. The location of all menu boards shall be depicted
on the site plan. Menu boards shall conform to the following regulations:
[1]
Pedestrian menu boards. The area of a pedestrian menu board
shall not exceed eight square feet per menu board face excluding the
area of communications equipment and point-of-sale devices, if any.
The height of a pedestrian menu board shall not exceed eight feet.
One pedestrian menu board with no more than two sign faces shall be
permitted for each point-of-sale service location of a business. Pedestrian
menu boards may be internally or externally illuminated and may be
equipped with communication and/or point-of-sale equipment.
[2]
Drive-through menu boards. A drive-through menu board shall
not exceed an area of 35 square feet excluding the area of communications
equipment and point-of-sale devices, if any. The height of a drive-through
menu board shall not exceed eight feet. A drive-through menu board
shall not be located in such a way as to cause a safety hazard. A
drive-through menu board shall not be located where it causes vehicles
to stack onto a public right-of-way. A drive-through menu board may
be equipped with communication and/or point-of-sale equipment.
(i)
Sign area bonuses. To encourage design excellence, the Board
may allow the maximum sizes for individual signs specified above to
be increased if the criteria below are satisfied. Although a separate
increase is granted for compliance with each of the criteria and the
total is cumulative, each percentage increase is based on the original
sign size limitation. Maximum sign sizes shall be allowed to increase
as follows:
[1]
Fifteen percent when the sign is made of wood, natural materials
or other weather-resistant material which can be carved.
[2]
Fifteen percent if the sign is designed to contain only the
identification of the establishment without advertising any products
sold on the premises.
[3]
Twenty percent if the sign is the only sign identifying the
establishment or its principal product.
[4]
Twenty percent if the sign is not designed or used with illumination.
[5]
Thirty percent if the permitting authority finds that the sign
has special aesthetic merit or that additional size is necessary or
appropriate due to such circumstances as the sign's distance
from the road is greater than 100 feet, the design speed of the road
is greater than 30 miles per hour, or the size of the building on
which the sign is placed. In order to take advantage of this Subsection
F(3)(i)(5), an applicant must obtain approval of the Town Engineer
or Building Inspector.
[6]
Up to four feet of additional freestanding sign height in the
HC and CO Districts with the addition of a brick, stone, or architectural
block planter that is of equal height to the desired increase in sign
height (i.e., one foot of planter height = one foot of additional
sign height).
[7]
Fifteen percent for wall-mounted sign increase if a freestanding
monument sign is utilized in a plaza or multi-business structure and
the site is not confined or otherwise restrictive.
(j)
Maximum cumulative sign area per lot. The cumulative sign area
per lot shall be one square foot of total sign area for every two
linear feet of lot frontage on a public street. For flag lots, this
computation shall be based upon lot width at the building line, rather
than lot frontage. Notwithstanding the foregoing limitation, each
business occupancy or tenant space shall be permitted up to 20 square
feet of sign area.
(k)
Maximum area per sign. Notwithstanding any provision of this
section to the contrary, no sign or grouping of signs shall be greater
than 100 square feet in size.
(4)
Illumination. No illuminated sign or lighting device shall be placed
or directed so that its light is directed or beamed:
(5)
Sign design manual. The Town Board may adopt a sign design manual
developed specifically for the Town of Dover or published for the
general public or for another municipality. If such a sign design
manual is adopted, it shall be incorporated by reference into this
chapter.
(6)
Nonconforming signs. Any sign which was in existence prior to the
effective date of this chapter and which conformed to the applicable
provisions of a prior zoning ordinance but which does not conform
to the applicable provisions of this chapter shall be deemed nonconforming,
and the display of such sign shall be permitted to continue. Any change
of use, tenant, and/or occupancy shall require all nonconforming signs
to come into compliance.
G.
Removal of signs.
(1)
Signs advertising an establishment or institution that has permanently
closed shall be removed, or the sign face shall be covered with a
blank face, within one month of such closure.
(2)
The Code Enforcement Officer shall notify, in writing, the owner
of any sign which no longer serves the purpose for which it was erected
or which poses a safety hazard to the public or is otherwise in violation
of this section. The Code Enforcement Officer shall order such owner
to remove or correct the unsatisfactory condition of such sign within
20 days from the date of such notice.
(3)
Upon failure to comply with such notice within the prescribed time,
the Code Enforcement Officer is hereby authorized to secure, repair,
remove, or cause the removal of such sign. All costs of securing,
repairing, or removing such sign, including related legal fees and
expenses, shall be assessed against the land on which the sign is
located and shall be levied and collected in the same manner as provided
in the Town Law for the levy and collection of a special ad valorem
levy.
(4)
Emergency provisions. Where it reasonably appears that there is imminent danger to life, safety, damage to property unless a sign is immediately repaired, secured, or demolished and removed, the Town Board may, by resolution, authorize the Code Enforcement Officer to immediately cause the repair, securing, or demolition of such unsafe sign. The expense of such remedial actions shall be a charge against the land on which the sign is located and shall be assessed, levied, and collected as provided in Subsection G(3) above.
A.
Compliance with performance standards. No use shall hereafter be established, altered, moved or expanded unless it complies with the performance standards set forth in this section. Continued conformance with such standards, once applicable, shall be a requirement for the continuance of any certificate of occupancy. This § 145-40 shall not apply to farm operations engaged in customary agricultural practices, except where necessary to protect public health and safety.
B.
Purpose of performance standards. Consistent with
the general purposes of this chapter, performance standards shall
set specific controls on potentially objectionable external aspects
of all uses in order to:
(1)
Reduce to a reasonable minimum the dissemination of
smoke, gas, dust, odor or other atmospheric pollutants outside the
building in which the use is conducted.
(2)
Control noise and light perceptible beyond the boundaries
of the site of the use.
(3)
Limit the discharge of treated wastes and prohibit
the discharge of untreated wastes into any watercourse.
(4)
Limit the dissemination of vibration, heat or electromagnetic
interference beyond the immediate site on which the use is located.
(5)
Limit physical hazard by reason of fire, explosion,
radiation or any similar cause.
(6)
Regulate and control the generation and flow of vehicular
traffic in order to prevent hazardous conditions, traffic congestion
and excessive noise in the streets.
C.
Noise. No noises shall be emitted in violation of Chapter 107 of the Dover Town Code. In addition, the following specific standards apply to noise:
(1)
Sound levels shall be determined at the property line
of the lot from which the noise is emitted. Sound measurements shall
be accomplished through a sound-level meter having an A-weighted filter
and constructed in accordance with specifications of the American
National Standards Institute or other generally accepted standard
for the measurement of sound.
(2)
No person, firm or corporation shall allow the emission of sound
which, as measured at the property lines, has a sound level in excess
of:
[Amended 1-30-2013 by L.L. No. 1-2013]
(a)
Sixty decibels on the A-weighted scale between the hours of
7:00 a.m. and 8:00 p.m. unless the property line is abutting a rail
line in an M Zoning District in which case no sound level measured
at the boundary of the property abutting the M Zoning District and
rail line shall exceed 65 decibels on the A-weighted scale; and
(b)
Fifty decibels on the A-weighted scale between the hours of
8:00 p.m. and 7:00 a.m., unless the property line is abutting a rail
line in an M Zoning District in which case no sound level measured
at the boundary of the property abutting M Zoning District shall exceed
65 decibels on the A-weighted scale.
(3)
Sounds emitted at levels lower than those prohibited by Subsection C(2) above shall not be permitted if, because of the type or frequency of the noise emitted, such sounds are offensive, disruptive or in continual disharmony with the character of an adjoining or nearby residential neighborhood.
(4)
Exemptions. The following shall be exempt from the
noise level regulations:
(a)
Noises not directly under the control of the
property user.
(b)
Noises emanating from construction and maintenance
activities between 8:00 a.m. and sunset, Monday through Friday.
(c)
The noises of safety signals, warning devices,
emergency pressure-relief valves or other emergency warning signals.
(d)
Bells or chimes from a church or other place
of worship.
D.
Vibration.
(1)
Method of measurement. For the purpose of measuring
vibration, a three-component measuring system approved by the Town
Engineer shall be employed.
(2)
Maximum permitted steady-state and impact vibration
displacement. No activity shall cause or create a steady-state or
impact vibration displacement by frequency bands in excess of that
indicated in the following table:
|
Vibration Displacement
| |||
|---|---|---|---|
|
Frequency
(cycles per second)
|
Steady-State
(inches)
|
Impact
(inches)
| |
|
Under 10
|
0.0005
|
0.0010
| |
|
10 to 19
|
.0004
|
.0008
| |
|
20 to 29
|
.0003
|
.0006
| |
|
30 to 39
|
.0002
|
.0004
| |
|
40 and over
|
.0001
|
.0002
| |
E.
Smoke, dust and other atmospheric pollutants.
(1)
General control. The emission of smoke and other particulate
matter shall not be permitted in violation of applicable regulations
of the New York State Department of Environmental Conservation (DEC),
including but not limited to 6 NYCRR 201. Pollutants that are not
regulated by DEC shall not be emitted if they pose a substantial risk
to public health, safety, or welfare.
(2)
Method of measurement of smoke. For the purpose of
grading the density of smoke, the Ringelmann Smoke Chart or EPA Method
9 or 22 shall be used to determine the total smoke emitted. Where
the Ringelmann method is used, a reading shall be taken every minute
for an hour or, if less than an hour, until the total smoke emitted
exceeds that allowed by these regulations. Each reading shall be multiplied
by the number of minutes during which it was observed and the product
added.
(3)
Maximum permitted emission of smoke. There shall be
no measurable emission of smoke, gas or other atmospheric pollutant,
except as authorized by a permit granted pursuant to applicable state
and federal regulations. The emission of one smoke unit per hour and
smoke with discernible density of No. 1 on the Ringelmann Smoke Chart
shall be prohibited.
(4)
Maximum permitted emission of dust.
(a)
The emission of dust related to combustion for
indirect heating from any source shall not exceed 0.30 pound of dust
per 1,000 pounds of flue gas adjusted to fifty-percent excess air
for combustion.
(b)
There shall be no measurable emission of dust
or other particulate matter not related to combustion for indirect
heating.
(c)
Properties shall be suitably improved and maintained
with appropriate landscaping, paving, or other materials to minimize
windblown dust and other particulate matter.
F.
Odor. No land use shall be permitted which emits any
discernible obnoxious odor outside the lot on which the use is conducted.
G.
Toxic or noxious matter. No use shall be permitted
which will cause the release of toxic or noxious fumes or other matter
outside the building in which the use is conducted.
H.
Radiation. The handling, storage or disposal of radioactive
materials or waste by-products shall be conducted strictly in accordance
with applicable federal and state standards.
I.
Electromagnetic interference. No operation shall be
permitted which produces any perceptible electromagnetic interference
with normal radio or television reception in any area, unless federal
or state regulation requires such operation to be permitted.
J.
Fire and explosion hazard. All activities involving
the use or storage of flammable or explosive materials shall be provided
with adequate safety devices against the hazard of fire and explosion,
with adequate fire-fighting and fire-suppression equipment and devices
standard in the industry. Such activities shall comply with all applicable
requirements of the New York State Uniform Fire Prevention and Building
Code, DEC regulations, and the National Fire Protective Association
(NFPA) Code. Copies of SARA forms filed with the Dutchess County Emergency
Response Agency shall also be filed with the Code Enforcement Officer.
K.
Heat. There shall be no emission of heat which would
cause an air temperature increase in excess of 1° F. along any
adjoining lot line.
L.
Exterior illumination and glare. No use shall produce
glare so as to cause illumination beyond the boundaries of the property
on which it is located in excess of 0.5 footcandle. All exterior lighting,
including security lighting, in connection with all buildings, signs
or other uses shall be directed away from adjoining streets and properties.
The Planning Board may require special efforts to reduce the impacts
of exterior lighting, such as limiting hours of lighting, planting
screening vegetation, or installing light shields to alleviate the
impact of objectionable or offensive light and glare on neighboring
residential properties and public thoroughfares.
M.
Liquid and solid wastes. The discharge of any or all
wastes shall be permitted only if in complete accordance with all
standards, laws and regulations of the Dutchess County Health Department,
New York State Department of Environmental Conservation or any other
regulatory agency having jurisdiction. Facilities for the storage
of solid waste shall be so located and designed as to be screened
from the street or from any adjoining property and so as to discourage
the breeding of rodents or insects.
N.
Traffic. For the purpose of preventing congestion
in the streets, promoting the safe and efficient use of public transportation,
protecting air quality, promoting fuel conservation, and otherwise
protecting the public health, safety and welfare, the following specific
traffic standards are hereby established to serve as a guide for town
officials and agencies in the review of applications for development
approvals:
(1)
No decision shall be made to approve the construction
of any development which would contain in excess of 20,000 gross square
feet of new nonresidential floor space or 50 or more new residential
dwelling units if the reviewing board, acting on the advice of a qualified
traffic engineer, determines that the result of such development will
be to create one or more of the following peak-hour traffic impacts
within two miles of any vehicular access point to the subject site
during the first year of operation of the proposed project or, in
the case of phased construction, during the first year of operation
of any phase for which approval is sought:
(a)
A reduction in level of service to less than
Level D at any street intersection.
(b)
A significant adverse impact on the operation
of streets or intersections projected to be operating during the target
year, at Level of Service E or below.
(c)
Traffic volumes significantly over the capacity
of the mainline (nonintersection) highway sections.
(2)
In projecting future levels of service and the capacity
of mainline highway sections, accepted traffic engineering procedures,
as determined satisfactory by the reviewing board, shall be utilized,
using the following requirements as a guide:
(a)
Base-year traffic conditions, including peak-hour
traffic volumes and turning movements, must be documented either through
direct field surveys or from other available current data sources.
(b)
Projected volumes must include estimated traffic
generation from the proposed development during peak hours of on-site
traffic activity as well as peak hours of street system activity.
(c)
Daily trip generation estimates must be provided.
Information published by the Institute of Transportation Engineers
(ITE) will generally be relied upon as a basis for estimating trip
generation, although the reviewing board may allow or require a departure
from the use of specific ITE averages where the board determines that
such departure is warranted by unique characteristics which may be
present in the proposed project.
(d)
Allowance shall also be made for traffic which
is expected to be generated by other projects already approved or
under construction within the town or within neighboring communities,
as well as an additional allowance for general regional traffic volume
changes.
(e)
Estimated traffic generation must be distributed
throughout the access network in accordance with clearly stated distribution
assumptions determined acceptable by the reviewing board.
(f)
The capacity analysis of the intersections or
mainline highway section roadway system shall be calculated both with
and without site-generated traffic. In analyzing such capacity, the
applicant shall use methods generally recognized by national authorities,
such as the Transportation Research Board of the National Academy
of Sciences, and/or methods accepted by the New York State Department
of Transportation. Traffic capacity estimates may take into account
improvements planned by the applicant or by others, provided that,
in either case, a specific commitment to construct such improvements
has been made.
(g)
In determining overall intersection level of
service at signalized intersections, optimum practical signal timing
may be assumed. Overall intersection level of service shall be determined,
for both signalized and unsignalized intersections, based upon a volume-weighted
average of each intersection approach level of service.
O.
Review procedures. As a part of site plan review of
an application for the establishment of a use which, in the reviewing
board's judgment, could have potentially objectionable external aspects
and therefore be subject to these performance standards, the reviewing
board may require the applicant, at his or her own expense, to provide
such evidence as it deems necessary to determine whether the proposed
use will comply with these standards.
A.
Purpose and intent. The conduct of small-scale, low-impact
business and professional uses on residential properties shall be
permitted under the provisions of this section. It is the intent of
this section to:
(1)
Ensure the compatibility of home occupations with
other uses;
(2)
Maintain and preserve the rural and historic character
of the town; and
(3)
Allow residents to engage in gainful employment on
their properties while avoiding excessive noise, traffic, nuisance,
fire hazard, and other possible adverse effects of nonresidential
uses.
B.
Criteria and standards.
(1)
Home occupation as use permitted by right. Home occupations
shall be permitted uses if they are in compliance with the following
criteria and standards:
(a)
The home occupation may be conducted only by
residents of the dwelling unit plus no more than two nonresident assistants
or employees at any one time. A home occupation may be conducted within
a dwelling unit and/or within accessory structures. An area no larger
than 30% of the floor space of the primary dwelling unit may be occupied
by the home occupation, up to a maximum of 1,000 square feet.
(b)
A home occupation shall be incidental and secondary
to the use of a dwelling unit for residential purposes. It shall be
conducted in a manner which does not give the outward appearance of
a business, does not infringe on the right of neighboring residents
to enjoy the peaceful occupancy of their dwelling units, and does
not alter the character of the neighborhood.
(c)
Signs used in conjunction with a home occupation
shall not be animated or illuminated and shall not exceed three square
feet.
(d)
Parking shall be adequate for nonresident employees
and customers or clients. No business vehicle larger than 10,000 pounds'
gross vehicle weight may be parked regularly in a location visible
from a public road or neighboring properties.
(e)
Automobile and truck traffic generated shall
not be greater than the volume of traffic that would normally be generated
by a residential use, unless the residence is located on New York
State Route 22, 55 or 343.
(f)
There shall be no exterior storage of materials,
equipment, vehicles, or other supplies used in conjunction with a
home occupation, unless screened from the road and from other properties.
(g)
No offensive appearance, noise, vibration, smoke,
electrical interference, dust, odors, or heat shall occur. The use
of substances in a manner which may endanger public health or safety
or which pollute the air or water shall be prohibited.
(h)
More than one home occupation may be conducted
on a lot, provided that the combined impact of all home occupations
satisfies these criteria and standards.
(2)
Home occupation by special permit.
(a)
A home occupation occupying an area greater than that permitted in Subsection B(1)(a) above or employing more than two nonresident employees may be allowed by special permit, provided that it satisfies all criteria for granting of special permits as well as the criteria and standards in Subsection B(1)(a) through (h) above. Such criteria shall become standard conditions of the special permit. In no case shall the area occupied by a home occupation allowed by special permit exceed the lesser of 40% of the floor space of the primary dwelling unit or 2,000 square feet.
(b)
A special permit granted for a home occupation
shall include a condition requiring the operator to obtain an annual
operating permit from the Code Enforcement Officer at a cost of $75
per year beginning in the second year of operation. Such operating
permit shall be granted after the Code Enforcement Officer inspects
the premises and finds the home occupation to be in compliance with
all conditions of the special permit.
A.
Soil mining shall be allowed within the SM Overlay District (see § 145-17) and the M District only, subject to a special permit by the Town Board, provided that the operator complies with all applicable requirements of the New York State Department of Environmental Conservation.
B.
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.
C.
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.
D.
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 § 145-40. 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:
(1)
Ingress from and egress to public thoroughfares controlled
by the town.
(2)
Routing of mineral transport vehicles on roads controlled
by the town.
(3)
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.
(4)
Enforcement of reclamation requirements contained
in any DEC permit.
A.
New driveway entrances (including the conversion of
farm roads into residential or commercial driveway entrances) shall
require permission from the Town Superintendent of Highways for town
roads, the Dutchess County Department of Public Works for county roads,
or the New York State Department of Transportation for state roads.
B.
Drive-up windows shall require site plan review. Street
access points and queuing areas shall be sited in a manner that does
not create safety hazards to pedestrians or motorists and that does
not increase traffic congestion on existing streets.
A.
Mobile home courts. New mobile home courts shall be prohibited. Existing mobile home courts may be continued as provided in Article VI, and new mobile homes may be installed pursuant to plans approved before the enactment of this § 145-44. The expansion of an existing conforming mobile home park shall be allowed by special permit, consistent with the zoning in effect prior to the adoption of this chapter (1999), provided that a special permit application is submitted before the effective date of this chapter.
B.
Individual mobile homes outside of mobile home courts.
Individual mobile homes outside of mobile home courts shall be prohibited.
Nonconforming mobile homes may be replaced by mobile homes that comply
with currently applicable federal and state building standards.
C.
Temporary mobile homes. Temporary mobile homes may
be placed on any lot for a period not to exceed one year only in the
event of major damage to or destruction of a residence located on
such lot. To the extent practicable, such temporary mobile homes shall
comply with the provisions of this section, except that such homes
may be installed without permanent footings. After one year, the Code
Enforcement Officer shall send notice to remove the temporary mobile
home or to apply for an extension not to exceed one additional year
in the event that repair or reconstruction of the residence has not
been completed.
D.
Construction trailers. Construction trailers may be
placed temporarily (without permanent footings) on construction sites
for a period not to exceed the construction period, if allowed pursuant
to a special permit, site plan, variance, or subdivision approval.
Such trailers may be used for office, storage, or workshop space and
shall not be used for residential purposes.
[Amended 11-23-2009 by L.L. No. 2-2009]
A.
In a camp, Type 1 (as defined in Article XII), the number of tents, trailers, houseboats, or other portable shelters shall not exceed the number of single-family dwellings which could be erected on such premises in a flexible subdivision. Camp structures shall be set back at least 250 feet from property lines, unless the property line is the shoreline of a stream or lake, in which case the setback requirements of § 145-14D shall apply.
B.
A camp, Type 1 (as defined in Article XII) shall be located on a parcel or assemblage of parcels containing a minimum of 100 acres of land, or land and water.
C.
A camp, Type 1 provides rustic lodgings in spacious settings that
are principally intended for seasonal vacationing, youth sleep-away
camp, and group retreats. Permitted are tents, cabins, group lodgings,
recreational travel vehicles, shelters, houseboats, or accommodations
designed for seasonal or other temporary living purposes, regardless
of whether or not such structures or accommodations are occupied seasonally,
as well as accessory uses and facilities traditionally associated
with and incidental to an overnight camping facility.
D.
The Planning Board shall establish appropriate buffers between any
component of the camp, Type 1 use and adjoining properties given the
proposed activity and the use of adjoining parcels, and the natural
topography and vegetative cover. In determining the appropriate buffer,
the Planning Board shall consider the potential noise and visual impacts
of the proposed activity or accessory facility. The Planning Board
may require the use of vegetation, berms, or other such barriers to
mitigate potential impacts to adjacent properties.
E.
A camp, Type 1 with more than five accessory facilities (as defined in Article XII) shall prepare a master development plan as part of the special permit approval and as described below. Tent, trailer, and recreational travel vehicle campsites; lean-tos; houseboat docking areas; portable shelters; group lodgings; cabins; restrooms or bathhouses; picnic areas; camp management office; fast aid station; and up to three impervious sports facilities greater than 500 square feet (e.g., swimming pool, tennis court, basketball court), are considered part of the principal use and not accessory facilities. Multiple accessory facilities of the same kind which are grouped to comprise a contiguous area of impervious surface shall be considered one accessory facility (e.g. multiple basketball courts or a grouping of activity pavilions).
(1)
The master development plan shall include, at a minimum, a site plan
indicating the following: an open space system; site access and road
layouts; proposed buildings, including their uses, footprint, height,
and total square footage; proposed accessory facilities; proposed
activity areas (e.g., field sports, trail systems, hunting); proposed
utilities, including water supply and wastewater disposal; a phasing
plan if the project is to be built in phases; and such other information
as may be requested by the Planning Board.
(2)
Any revision of the master development plan shall require a site
plan amendment. Any change of, or additional, use within a master
development plan shall require a special permit amendment.
(3)
Following approval of the master development plan and conceptual
site plan with conditions on uses and dimensional standards, site
plan approval only shall be required to implement individual components
of the proposed plan. To the extent that design details necessary
for site plan approval have not been provided in the master development
plan, they shall be provided at the site plan approval stage.
F.
All camp, Type 1 facilities that anticipate gatherings in excess
of 500 people shall prepare a large event management plan that shall
be provided to the Planning Board during site plan approval. The Planning
Board shall refer the large event management plan to the fire department,
ambulance company and the New York State Police for a report and recommendation.
The adopted large event management plan shall be considered part of
the approved site plan and shall be enforceable as such. A large event
is defined as a planned event, such as a wedding, conference, or sporting
competition, with more than 500 attendees. This management plan shall
include provisions for traffic and parking management, hours of operation,
noise abatement, toilet facilities, and maximum number of guests.
This management plan shall govern all large public events.
G.
The Planning Board may increase the maximum footprint of a camp,
Type 1 structure up to 20,000 square feet, provided that the following
conditions are met:
(1)
The structure is not located on a ridgeline; and
(2)
The structure would not create an unmitigated adverse impact to any
scenic view sheds, in particular, views from public recreational resources
such as the Appalachian Trail, Swamp River, and/or scenic byways;
and
(3)
The building is appropriately located on the site, and landscaping
is utilized to minimize its visibility from adjacent residences and
public roadways; and
(4)
The structure is subject to review by the Town of Dover Architectural
Review Board; and
(5)
Any adverse impacts on water resources shall be mitigated to the
maximum extent practicable.
Installation or operation of a communication tower (including accessory facilities) shall require a special permit from the Town Board and site plan approval from the Planning Board. The Town Board and Planning Board shall not approve a communication tower application unless it satisfies the special use permit criteria contained in § 145-63 as well as the following additional requirements:
A.
Shared use.
(1)
Shared use of existing communication towers and use of other existing tall structures shall be preferred to the construction of new towers. Where shared use of an existing validly approved tower occurs, the new user shall be exempt from the provisions of this § 145-46, except that any ground-level site alterations shall require site plan review. Alterations to an existing tower, including the installation of new equipment, shall require a building permit only, provided that the height of the tower is not increased and no lights are added more than 35 feet above average grade level.
(2)
Where shared use of an existing tower is a technically feasible alternative, the applicant may be denied a special permit for a new tower. In determining feasibility, the Town Board shall consider the costs to the applicant of adapting an existing facility to shared use, including structural reinforcement, preventing transmission or receiver interference, additional site screening and other physical changes to the tower and/or the site, as well as acquisition of a lease to accommodate shared use. Costs associated with this Subsection A(2) shall be considered unreasonable if they exceed the cost of the proposed new tower at a new location by more than 10%.
(3)
In approving any new communication tower, the Town
Board shall require that:
(a)
The proposed tower be structurally capable of
accommodating shared use; and
(b)
The applicant shall make the tower available to other users at a reasonable charge, based on generally accepted accounting principles. The charge may include but is not limited to a pro rata share of the cost of site selection, planning, project administration, land costs, site design, construction and maintenance, financing, return on equity, and depreciation and all the costs of adapting the tower and ancillary equipment to accommodate a shared user in a manner that complies with the provisions of this § 145-46. This Subsection A(3)(b) may be waived by the Town Board when a communication tower is not owned, leased, or operated by a wireless communications company or any other company which might be competing against other potential users of the tower.
C.
Site planning considerations. In reviewing a site plan application for a communication tower, the Planning Board shall consider the following factors, in addition to the standards contained in § 145-65:
(1)
Communication towers shall not be artificially lighted
or marked except to ensure public safety if required by the Federal
Aviation Administration (FAA). However, they shall be sited and designed
to be the minimum height necessary to fulfill their purposes and to
avoid, whenever possible, application of FAA lighting and painting
requirements. Towers shall be an appropriate color to harmonize with
the surroundings, as approved in advance by the Planning Board.
(2)
Communication tower structures shall not contain any
signs other than safety warning signs.
(3)
Communication towers and related accessory facilities
shall be enclosed by a fence not less than eight feet in height above
ground level.
(4)
All towers and accessory facilities shall be sited
to minimize any adverse visual effect on the environment. Accessory
facilities shall use building materials, colors, and textures designed
to blend with the natural surroundings.
(5)
Existing on-site vegetation shall be preserved to
the maximum extent possible, and no cutting of trees exceeding four
inches in diameter (measured four feet from the ground) shall take
place prior to approval of the special permit and site plan approval.
Clear-cutting of all trees in a single contiguous area exceeding 20,000
square feet shall be prohibited, except as may be necessary for construction
of an access road.
(6)
Adequate emergency and service access and parking
shall be provided, making use of existing roads, public or private,
to the maximum extent feasible. Road construction shall minimize disturbance
and cutting of vegetation to within the toe of fill, the top of cuts,
and no more than 10 feet beyond the edge of any pavement. Road grades
shall closely follow natural contours to assure minimal adverse visual
impact and reduce soil erosion potential.
D.
Application requirements. Special permit and site
plan approval applications for a communication tower shall include,
in addition to other submission requirements for special use permits
and site plans, the following information:
(1)
The location of all structures and trees on the site
and on any adjacent property within 30 feet of the subject property
lines.
(2)
All information prepared by the manufacturer of the
tower and associated apparatus for which a special permit is being
sought, including but not limited to the following:
(a)
Make and model of tower to be erected.
(b)
Design data, installation instructions, and
construction plans.
(c)
Identification of levels of radiation emitted
by or from the communication tower.
(d)
Identification of the effects the communication
tower's operation will have on existing communication towers, antennas,
or other electromagnetic devices within 1,000 feet of the proposed
structure.
(3)
Applicant's proposed tower maintenance and inspection
procedures and records system.
(4)
In the case of new towers, the applicant shall be
required to submit a report documenting the following:
(a)
Good faith efforts to secure shared use from
existing towers as well as capacity for future shared use of the proposed
tower. An applicant shall inventory existing communication towers
within reasonable distance of the proposed site and outline opportunities
for shared use of existing facilities as an alternative to the new
tower. Written requests to and responses from other tower owners for
shared use shall be provided.
(b)
A technical and visual impact analysis of reasonable
alternative new tower sites which could serve the needs of the applicant
in different locations, including the installation of antennas on
existing structures.
(c)
Documentation of the local and regional need
for the tower in the specific location selected, showing that the
tower in the proposed location is a public necessity and is essential
to the safe and adequate provision of service and that shared use
of existing towers will not be adequate.
(d)
Alternative designs for the communication tower,
including those that minimize adverse visual impact by enclosing the
communication apparatus in a silo, belfry, steeple, cupola, turret,
or other traditional building design element or by attaching such
apparatus to structures that look like or blend in with trees.
(5)
A report by a qualified engineer and/or health physicist
which calculates the maximum amount of non-ionizing electromagnetic
radiation (NIER) which will be emitted from the tower and demonstrates
that the facility will comply with the applicable NIER standards set
forth below:
(6)
A statement agreeing to defend and indemnify the Town
of Dover and any of its agents or employees from any and all claims
made in connection with the installation, construction, use, or operation
of the communication tower.
(7)
A completed visual environmental assessment form (visual
EAF) as part of the SEQRA documentation. The Planning Board may require
a more detailed visual analysis based on the results of the visual
EAF.
(8)
Landscaping and screening. The landscape plan required
for site plan review shall pay particular attention to visibility
from key publicly accessible viewpoints within and outside the town
as identified in the visual EAF. At least one row of native evergreen
shrubs or trees capable of forming a continuous hedge at least 10
feet high within two years of planting shall be provided and maintained
to effectively screen the tower base and accessory facilities from
adjoining property.
E.
Abandonment and removal. In the event a communication
tower ceases operations and is abandoned for a period of six months,
the tower, structures, and facilities shall be dismantled by the owner
and removed from the site within 60 days of receipt of written notice
to do so from the Town Board. In order to secure this obligation to
remove the tower, the Town Board may require the applicant to post
a bond or other security at the time of approval of the communication
tower.
Antennas and other transmission or receiving
facilities that are mounted on structures principally used for purposes
other than receiving or transmitting radio, television, microwave,
cellular telephone, or similar electromagnetic signals shall be permitted
in all districts as an accessory use with site plan review by the
Planning Board. Site plan review shall not be required for receive-only
antennas and satellite dishes accessory to a residential use.
The Town of Dover finds that adult entertainment businesses, as defined in Article XII, may have negative impacts upon the neighborhood and surrounding area where they are located. Such impacts include physical deterioration, disinvestment, and increased crime. Adult uses shall be allowed by special permit in the M District only. In addition to all applicable special permit and site plan criteria in Article IX, such uses shall satisfy the following additional standards:
A.
No adult use shall be located within 1,000 feet of
any single-family, two-family, or multifamily residence, or of any
school, day-care center, library, religious institution, park or other
public recreation area, or recreational business.
B.
No adult use shall be located within 1,000 feet of
any other adult use.
C.
No more than one freestanding sign, not exceeding 12 square feet, shall be permitted for an adult use in a location visible from a public street. Such sign shall be limited to the name and address of the business. One wall-mounted sign, not exceeding 12 square feet, shall be permitted on the building, provided that it complies with Subsection D.
D.
Adult uses shall be set back at least 200 feet from
all public rights-of-way and shall be screened from view by a buffer
at least 50 feet wide consisting of trees and shrubs.
A.
Pig farms. Pig farms shall require a minimum land
area of 150 acres. Pens or feeding areas shall not be located within
1,000 feet of any property line.
B.
Cage-type poultry farms. Buildings housing cage-type
poultry operations containing 5,000 or fewer birds shall not be erected
within 500 feet of any property line. In addition:
(1)
For each 1,000 birds over 5,000, an additional setback
of 50 feet shall be provided from any property line.
(2)
Cage-type poultry houses shall be equipped with odor
suppressors of the hydraulic-pit type (or equivalent) with sufficient
capacity to permit a lapse of not more than four months between cleanings.
(3)
Cage-type poultry house odor suppression devices shall
not be cleaned during the months of June, July, August, or September.
C.
Maintenance of animals. The following regulations
shall apply to the maintenance of animals on land in any district:
(1)
In the absence of a special permit as provided below,
the maintenance of large animals such as horses, ponies, cattle, goats,
pigs, sheep, etc., shall require at least one acre of open land for
each animal, unless contiguous open space in excess of four acres
is used for such maintenance, in which event this requirement shall
be inapplicable.
(2)
The maintenance of small animals, such as raccoons,
mink, rabbits, birds, snakes, geese, ducks, chickens, monkeys, dogs,
cats, etc., in a total number greater than 10 on one lot of less than
two acres shall be prohibited in the absence of a special permit as
provided below.
(3)
The Planning Board may issue a special permit for
maintenance of animals in greater numbers than the maximum set forth
above, provided that the applicant meets all conditions and satisfies
applicable special permit criteria and that the Planning Board finds
that adequate open space and facilities for the proper care of such
animals are available and will be established and that maintenance
of such animals will not interfere with the reasonable use and enjoyment
of the property of others.
(4)
Buildings, pens, or other structures housing animals
shall be located 20 feet from any lot line and 35 feet from any road
or highway. No manure may be stored within 250 feet of any property
boundary line or watercourse.
(5)
In maintaining animals on a property, no person shall
knowingly interfere with the reasonable use and enjoyment of the property
of others.
A.
Limitations on solid waste management facilities.
Solid waste management facilities, as defined in Environmental Conservation
Law § 27-0701 and 6 NYCRR 360-1.2(b)(158), with the sole
exception of municipally owned and operated facilities, shall be prohibited
in the Town of Dover.
B.
Standards and enforcement. All industrial uses and
municipal solid waste management facilities shall satisfy the following
requirements. Nonconforming solid waste management facilities shall
comply with these standards to the extent practicable.
(1)
All operations, including loading and unloading, shall
occur within fully enclosed buildings with an impermeable floor system.
Any leachate shall be collected in an impermeable collection system
and hauled off site for disposal as required by applicable laws. There
shall be no outdoor storage of hazardous materials or of materials
regulated under 6 NYCRR 360 in a manner that could allow them to become
airborne, leach into the ground, or flow into any watercourse.
(2)
No materials shall be disposed of into the ground,
air, or into any watercourse, except pursuant to applicable permits
and approvals issued by state and county health and environmental
agencies.
(3)
Procedures shall be in place to inspect all materials
upon arrival at the facility to ensure that they are appropriate to
the permitted operation and to ensure that deliveries of materials
that cannot be safely handled and processed at the facility are not
accepted.
(5)
The applicant may be required to furnish an irrevocable letter of credit, certified check, bond, or other form of security guaranteeing to the Town of Dover compliance with the standards in this Subsection B as well as any other standards, requirements, or conditions of any permit issued by federal, state, county, or local government agencies. The amount of such performance guaranty shall be based upon the potential cost of remediation in case of a violation.
A.
Junkyards. Junkyards, as defined in Article XII, and any activities licensed under Chapter 97 of the Dover Town Code shall be prohibited except within the M District. All junkyards and other activities licensed under Chapter 97 which were in existence as of September 1, 1998, shall be permitted to continue and shall be subject to the provisions of Chapter 97. Junkyards shall be screened from public view and from adjoining properties and shall also be subject to the standards contained in § 145-50B.
B.
Outdoor storage.
(1)
Outdoor storage areas shall be screened from public
view and from adjoining properties.
(2)
Boats, trailers, and seasonal or other recreational vehicles may be stored, maintained, or parked only in side or rear yards. Construction equipment and other heavy equipment may not be stored, maintained, or parked in any location visible from adjoining properties or public roads, except for purposes of loading and unloading. The restrictions of this Subsection B(2) shall not apply in the M, HC, and CO Districts.
(3)
No motor vehicle of any kind for which registration would be required for its use on public highways may be stored, maintained, or parked on any lot in a residential district longer than five days while such vehicle is not so registered, unless such vehicle is maintained or stored in an enclosed structure. Inoperable motor vehicles shall be subject to the provisions of Chapter 139 of the Dover Town Code.
(4)
Unless authorized by a special permit or site plan
approved in connection with a business use, no commercial vehicle
exceeding 10,000 pounds' gross vehicle weight or 20 feet in box length
shall be parked overnight in a residential district where it is visible
from adjoining properties or public roads. This shall not apply to
trucks used in connection with commercial agriculture, provided that
parked trucks are set back at least 100 feet from all property lines.
In addition to generally applicable special
permit and site plan review requirements, the applicant shall comply
with the following:
A.
Supervision. Every residential care facility shall
provide qualified supervisory personnel on the premises 24 hours a
day, seven days a week. Such personnel shall have sufficient education
and experience and shall be present in sufficient numbers to meet
all standards of any agency responsible for the licensing or regulation
of the residential care facility. Where no standards exist, the applicant
shall present evidence establishing the minimum qualifications and
number of personnel necessary for the operation of the residential
care facility, and the Planning Board shall specifically establish
minimum standards.
B.
Other required approvals. An applicant for a residential
care facility shall demonstrate compliance with all applicable regulations,
standards, and licensing requirements of public or private agencies.
C.
Required information for application. An application for a special permit for a residential care facility shall satisfy the submission requirements of Article IX and shall also include the following:
(1)
A list of all agencies which must license or otherwise
approve the establishment of operation of the facility.
(2)
A list of regulations established by the public or private agencies listed in Subsection C(1) above.
(3)
Copies of applications submitted to the agencies.
(4)
A written statement explaining the status of such
applications stating any facts known to the applicant which might
result in the denial or delay of any required approval.
(5)
A written statement addressing the requirements of Subsection A and demonstrating that the facility will comply with applicable regulations of licensing agencies and state law relating to minimum required floor area, bathroom facilities, and open space.
(6)
A map identifying the location of all other residential
care facilities in the Town of Dover at the time of the special permit
application.
D.
Findings. In making its determination upon a special permit for a residential care facility, the Planning Board shall, in addition to making the findings required by § 145-63, make the following specific findings:
(1)
That the proposed facility, given its unique nature,
will not have a substantial or undue adverse effect upon adjacent
property, the character of the neighborhood, parking, utility facilities,
and other matters affecting public health, safety, and general welfare.
(2)
That the proposed facility will be provided with or
have ready access to facilities and services necessary and appropriate
to the needs of its residents for active and passive recreation, medical
care, education, cultural and religious activities, and public transportation.
(3)
That the proposed facility will not generate a level
of traffic which would be burdensome to the neighborhood, considering
the number of visitors its residents may expect, truck delivery and
loading requirements, and the availability and nature of public or
private transportation.
(4)
That the proposed facility will not result in an undue
concentration of residential care facilities in the Town of Dover
or in the neighborhood of the proposed facility. This requirement
shall not apply within the MC Overlay District.
(5)
That the decision made by the Planning Board represents
a reasonable accommodation to the needs of persons protected under
the Federal Fair Housing Act, if applicable.
[Added 11-23-2009 by L.L. No. 2-2009]
A.
Any recreational business (as defined in Article XII) in the RC, RU, and CO Zoning Districts shall be located on a parcel or assemblage of parcels containing a minimum of 100 acres of land, or land and water.
B.
A recreational business shall protect open space or other site features
having aesthetic, historic, scenic, or environmentally sensitive value
by clustering any buildings or structures to the maximum extent practicable.
Golf courses, open pastures for horse riding, and trail systems shall
be considered open space.
C.
For recreational businesses in the RC, RU, and CO Zoning Districts,
a minimum of 50% of the total land area of the parcel or assemblage
of parcels shall be maintained as open or undeveloped green space.
(1)
Priority in open or undeveloped green space preservation shall
be given to land within designated critical environmental areas, the
Floodplain Overlay District (FP), the Stream Corridor Overlay District
(SC), ridgelines, historic resources, unique ecosystems, prime agricultural
land, and water resources. Areas to be preserved as open or undeveloped
green space shall be designated on the master development plan and
site plan.
(2)
Open or undeveloped green space preserved under this subsection
may include farmland and farm structures, ponds and streams, and recreational
land such as golf courses, cross-country ski trails, equestrian trails,
and hiking trails. It shall not include land lying under nonagricultural
structures taller than 20 feet, nonagricultural buildings larger than
200 square feet in footprint area, or land that is covered by impervious
surfaces other than trails or golf cart paths.
(3)
A conservation easement on the entirety of this open or undeveloped green space per § 145-20 of this Code is not required. Should permanent open space land be preserved under § 145-20 of this Code as part of a flexible subdivision or conservation density subdivision, this land may be counted as part of this 50% open or undeveloped green space requirement.
D.
The Planning Board shall establish appropriate buffers between any
component of the recreational business use and adjoining properties
given the proposed type of recreational business, the use of adjoining
parcels, and the natural topography and vegetative cover. In determining
the appropriate buffer, the Planning Board should consider the New
York State Department of Environmental Conservation Program Policy,
"Assessing and Mitigating Visual Impacts," dated July 31, 2000, or
as updated. However, open space buffers of at least 100 feet from
the property line of any existing residential uses and/or Town of
Dover, Dutchess County, state or federally designated trails shall
be provided. Such buffers may be wooded or open and may contain trails,
cart paths, and emergency access ways, but may not contain any buildings
or other structures.
E.
Retail sales, proshops, and food and beverage services accessory
to the recreational business are permitted.
F.
Spa facilities that provide services such as, but not limited to, treatment rooms for massage, facials, body treatments, wet areas, instructional areas, wellness areas, and food and beverage service areas. Notwithstanding § 145-52.1G, overnight accommodations for spa customers are permitted.
G.
Overnight accommodations for members of a private club or their guests;
group lodging; and camp, Type 1 uses are permitted. Hotel/motels are
not permitted.
H.
A recreational business that includes two or more permitted uses
shall submit a master development plan to the Planning Board as part
of the special permit approval. The master development plan shall
include, at a minimum, a site plan indicating the following: an open
space system; site access and road layouts; proposed buildings, including
their uses, footprint, height, and total square footage; proposed
recreational facilities; proposed utilities, including water supply
and wastewater disposal; a phasing plan if the project is to be built
in phases; and such other information as may be requested by the Planning
Board.
(1)
Any revision of the master development plan shall require a
site plan amendment. Any change of, or additional, use within a master
development plan shall require a special permit amendment.
(2)
Following approval of the master development plan and conceptual
site plan with conditions on uses and dimensional standards, site
plan approval only shall be required to implement individual components
of the proposed plan. To the extent that design details necessary
for site plan approval have not been provided in the master development
plan, they shall be provided at the site plan approval stage.
I.
Where a recreational business includes a residential component, residential lot sizes shall be determined by § 145-19C(1) and (2), except that the minimum lot size of lots that are connected to municipal or other common water and/or sewage disposal facilities may be 8,000 square feet or 6,000 square feet if 20% of the parcel is maintained as common open space, such as a green park or trail. Road frontages for residential lots shall be determined by the Planning Board subject to site plan approval.
J.
A large event management plan shall be provided to the Planning Board
during site plan approval. The Planning Board shall refer the large
event management plan to the fire department, ambulance company and
the New York State Police, for a report and recommendation. The adopted
large event management plan shall be considered part of the approved
site plan and shall be enforceable as such. A large event is defined
as a planned event, such as a wedding, conference, or sporting competition
with more than 500 attendees. This management plan shall include provisions
for traffic and parking management, hours of operation, noise abatement,
toilet facilities, and maximum number of guests. This management plan
shall govern all large public events.
K.
The Planning Board may increase the maximum footprint of a recreational
business structure up to 20,000 square feet, provided that the following
conditions are met:
(1)
The structure is not located on a ridgeline; and
(2)
The structure would not create an unmitigated adverse impact
to any scenic view sheds, in particular, views from public recreational
resources such as the Appalachian Trail, Swamp River, and/or scenic
byways; and
(3)
The building is appropriately located on the site, and landscaping
is utilized to minimize its visibility from adjacent residences and
public roadways; and
(4)
The structure is subject to review by the Town of Dover Architectural
Review Board; and
(5)
Any adverse impacts on water resources shall be mitigated to
the maximum extent practicable.
[Added 11-23-2009 by L.L. No. 2-2009]
A.
Any country inn/conference center (as defined in Article XII) shall be located on a parcel or assemblage of parcels containing a minimum of 200 acres of land, or land and water.
B.
A country inn/conference center provides commercial hospitality lodgings
in spacious settings that are principally intended for vacationing,
group retreats, and conferences. Permitted are tourist lodgings such
as inns, cabins, and cottages; meeting and/or conference rooms; a
banquet or on-site catering facility; and commonly incidental recreation-oriented
uses, including golf, spa facilities, horseback riding, swimming,
tennis, hunting, and other similar outdoor activities.
C.
The number of permitted guest units shall be no more than one guest
unit per two acres of lot size. Guest units may be located in cabins,
cottages, lodges, an inn, or any combination thereof.
D.
The maximum floor area of the total development shall not exceed
5% of the land included in the project proposal.
E.
A country inn/conference center shall protect open space and other
site features having aesthetic, historic, scenic, or environmentally
sensitive value by clustering any buildings or structures to the maximum
extent practicable.
F.
The Planning Board shall establish appropriate buffers between any
component of the country inn/conference center and adjoining properties,
given the use of adjoining parcels, and the natural topography and
vegetative cover. In determining the appropriate buffer, the Planning
Board should consider the New York State Department of Environmental
Conservation Program Policy, "Assessing and Mitigating Visual Impacts,"
dated July 31, 2000, or as updated.
G.
All country inn/conference centers that anticipate gatherings in
excess of 500 people shall prepare a large event management plan that
shall be provided to the Planning Board during site plan approval.
The Planning Board shall refer the large event management plan to
the fire department, ambulance company and the New York State Police
for a report and recommendation. The adopted large event management
plan shall be considered part of the approved site plan and shall
be enforceable as such. A large event is defined as a planned event,
such as a wedding, conference, or sporting competition, with more
than 500 attendees. This management plan shall include provisions
for traffic and parking management, hours of operation, noise abatement,
toilet facilities, and maximum number of guests. This management plan
shall govern all large public events.
H.
The Planning Board may increase the maximum footprint of a country
inn/conference center structure up to 20,000 square feet, provided
that the following conditions are met:
(1)
The structure is not located on a ridgeline; and
(2)
The structure would not create an unmitigated adverse impact
to any scenic view sheds, in particular, views from public recreational
resources such as the Appalachian Trail, Swamp River, and/or scenic
byways; and
(3)
The building is appropriately located on the site, and landscaping
is utilized to minimize its visibility from adjacent residences and
public roadways; and
(4)
The structure is subject to review by the Town of Dover Architectural
Review Board; and
(5)
Any adverse impacts on water resources shall be mitigated to
the maximum extent practicable
I.
Outdoor lighting shall be the minimum required for safety of vehicular
and pedestrian accessways and shall be downcast lighting. Outdoor
lighting shall not be directed outwards toward neighboring properties.
J.
A public restaurant or catering facility for public or private events
is permitted as an accessory use to a country inn, provided that:
K.
All country inns shall be equipped with central sprinkler and fire
alarm systems and must meet all local building and fire codes.
L.
The following amusement and sports facilities are permitted for the
use of the country inn/conference center guests:
