Not more than three single-family dwelling units or not more
than one two-family dwelling unit may be placed on a lot in the LDR,
MDR and the HDR Districts, provided that each dwelling is located
so that it would conform to all area and bulk regulations of the district
in which it is located if a separate lot were created for each residence.
To exceed these thresholds for principal buildings per lot, the applicant
must apply for and receive site plan approval from the Planning Board.
[Added 7-13-2022 by L.L. No. 3-2022]
A.
Uses accessory to a principal permitted or special permit use shall be allowed in any zoning district, provided the accessory use is also a use allowed in the district, unless otherwise regulated in Subsection C below. A use is deemed accessory if it meets all of the following criteria:
(1)
The accessory use is subordinate to the principal use on the
same lot;
(2)
Serves a purpose that is typically incidental, or secondary,
and well established to the principal use;
(3)
Demonstrates unity of ownership between the principal and accessory
uses;
(4)
Is consistent in use and intensity to other land uses permitted
within the relevant zoning district; and
(5)
Shall not dominate in area, extent, or purpose to the principal
use, but be minor in its association with the principal/primary use.
B.
An accessory use not located on the same lot as the principal use shall be subject to § 245-33, Site plan review, and bulk standards set forth in § 245-13B(5), Accessory buildings.
C.
Supplemental accessory use regulations.
(1)
The accessory retail sale of goods produced on site may be permitted for craft uses where allowed, as set forth in § 245-19. The Planning Board can require additional parking for the accessory use during site plan review.
(2)
Tasting rooms and food or drinking establishments are permitted in the Industrial Zoning District as accessory to a brewery, winery or distillery, provided they meet the provisions of Subsection A herein and are located on the same lot as the principal use. The Planning Board can require additional parking for the accessory use during site plan review.
(3)
Accessory retail sale of goods produced or manufactured primarily
on site in the Industrial and Office/Light Industrial District are
permitted on the same parcel provided the accessory use adheres to
the bulk standards for principal uses and structures, and applicable
supplemental standards contained in this Zoning Chapter. The Planning
Board can require additional parking for the accessory use during
site plan review.
Any person may conduct one or more businesses, trades or professions
from his residence as an accessory use in accord with the following
standards.
A.
There shall be no permanent indication of the home occupations from
any adjacent property or street except for a sign as permitted by
this chapter.
B.
Home occupations shall be conducted only within the principal building
on the lot and/or a permitted accessory structure, except that, on
lots of two acres or more in the LDR or MDR Districts, a home occupation
may be conducted outside of a principal or permitted accessory structure.
C.
The total floor area designed for and allotted to all home occupations
shall not exceed 1,200 square feet of total floor area per dwelling
unit on the site, except as may be otherwise limited by the New York
State Uniform Fire Prevention and Building Code.[1]
D.
No more than four persons who are not residents of the dwelling unit
shall be employed in the home occupation per dwelling unit.
E.
Materials or equipment used in the home occupation shall not be stored
or displayed outside the dwelling or permitted accessory structure
except in LDR and MDR Districts, where outside storage is permitted
on lots of two acres or more if such storage is screened from the
view of adjacent properties and streets.
F.
Parking spaces shall be provided for home occupations, in accordance
with this chapter, in addition to those required for the principal
residential use. Such spaces may be provided in the driveway but not
elsewhere in any required front yard. Parking lots for more than five
cars shall be screened from the view of adjacent properties. Parking
on a public street shall not be considered as satisfying this requirement.
G.
The home occupation shall not result in traffic, noise, vibration,
odor, smoke, glare or electrical interference beyond that normally
generated by permitted uses in the same zoning district.
Nothing in this chapter shall prevent the keeping of domestic
or farm animals by a resident on his own property for the resident's
own personal use and enjoyment. The following provisions shall apply
only to agricultural uses where plants or animals are produced, kept
or maintained for sale or lease.
A.
No building housing horses, farm animals or fowl shall be located
within 50 feet of a street or property line.
B.
Storage of fertilizer, manure or pesticides shall take place no closer
than 100 feet from any street or property line if unenclosed or 50
feet if in a fully enclosed structure.
C.
Drainage and runoff from animal pens, corrals or cultivated fields
shall be controlled so as not to contaminate surface water or groundwater
supplies or endanger the health or safety of any resident.
D.
The provisions of this section shall not apply to any agricultural
use located in an agricultural district designated by Ulster County
under Article 25-AA of the Agriculture and Markets Law. Furthermore,
no other provisions of this chapter shall unreasonably restrict or
regulate farm structures or farming practices in a designated agricultural
district unless such restrictions or regulations bear a direct relationship
to the public health or safety. Such structures or practices include
but are not limited to barns, silos, irrigation works, ponds, fences
and other enclosures.
Apartments accessory to the principal permitted use of a building
are permitted in all districts except the I District, subject to the
regulations and standards set forth below. It is the intent of this
provision to allow more efficient use of buildings and to expand rental-housing
opportunities in the Town, particularly for small families. In furtherance
of this objective, a second dwelling is permitted in a new or existing
residential building or a dwelling unit in a former residential building
now used for nonresidential purposes, subject to the following conditions,
without an increase in lot area.
A.
Size and location of structure. An accessory apartment shall be located
in the principal dwelling, provided that such principal building contains
a minimum of 1,800 square feet of habitable space, or in a permitted
accessory structure.
B.
Lot size. The lot must be at least one acre in area unless served
by a central sewer and water system.
C.
Apartment size. The minimum floor area for an accessory apartment
shall be 350 square feet, but in no case shall it exceed 25% of the
habitable area of the building in which it is located or 600 square
feet, whichever is less. The accessory apartment shall have no more
than one bedroom.
D.
Number of accessory apartments and dwelling units. There shall be
no more than one accessory apartment or a total of two dwelling units
per residential building under this section.
E.
Water and sewer service. Prior to the issuance of a building permit
for the establishment of an accessory apartment in a principal dwelling,
approval of the proposed method of water supply and sewage disposal
shall be obtained.
F.
Off-street parking. At least one additional off-street parking space
shall be provided for the accessory apartment. In no case shall there
be parking space for less than a total of three cars on the property.
In any residential district, a residential structure existing
on the date of enactment of this chapter may be divided into four
or less dwelling units, subject to site plan review by the Planning
Board and the following requirements:
A.
The gross floor area of the building is not increased.
B.
The total number of bedrooms in the structure is not increased.
C.
At least two off-street parking spaces are provided for each dwelling
unit.
D.
Each dwelling unit shall be equipped with complete bathroom and kitchen
facilities for its exclusive use.
Certain uses which may be included as manufacturing uses in
SIC groups 23, 25, 31, 322, 323, 326, 328, 391, 393, 394, and 396
are permitted in RH, GB and HB Districts. The intent of this provision
is to permit the establishment of "craft shops," including, but not
limited to, furniture making, pottery and glass making, leather crafting,
jewelry making and similar uses. Such uses are permitted subject to
the following conditions:
A.
At least 25% of the goods produced on the premises are available
for retail sale on the premises in space designed for display and
sale of goods.
B.
No more than five persons are employed, whose primary function is
the manufacture of goods.
C.
The use does not generate noise, vibration, light, glare, smoke or
similar emissions beyond those normally associated with retail use.
D.
There is no external storage or display of unfinished goods or raw
materials.
When located in LDR, MDR or HDR Districts, roadside farm stands
shall comply with the following standards. In all districts, the bulk
and area standards of the district shall apply.
[Amended 7-15-2009 by L.L. No. 4-2009; 4-6-2011 by L.L. No.
3-2011; 7-14-2021 by L.L. No. 3-2021; 12-13-2023 by L.L. No. 5-2023]
A.
Purpose. The purpose of this section is to promote and protect the
public health, welfare and safety by regulating existing and proposed
signs of all types within the Town of Saugerties. This section is
intended to protect property values, create a more attractive economic
and business climate, enhance and protect the physical appearance
of the community, preserve the scenic and natural beauty and provide
a more enjoyable and pleasing community. It is further intended to
reduce distractions and obstructions that may adversely affect traffic
safety, reduce hazards that may be caused by signs overhanging or
projecting over public rights-of-way, provide more visual open space
and maintain the generally high level of the community's appearance
and attractiveness. This section is intended to promote attractive
signs that clearly present the visual message in a manner that is
compatible with their surroundings, consistent with the Comprehensive
Plan, and to ensure that signs aid orientation and adequately identify
uses and activities to the public. The appearance, character and quality
of a community are affected by the location, size, construction and
graphic design of its signs. Therefore, such signs should convey their
messages clearly and simply to be compatible with their surroundings
and help people find what they are looking for.
B.
General sign regulations. The following general regulations and restrictions shall apply in all districts. For descriptions of the types of signs see the definitions section, § 245-56.
(1)
No person, firm or corporation shall hereafter erect, re-erect, construct, structurally alter, enlarge or relocate within the Town, a sign or sign structure without first obtaining a permit issued by the Building Inspector pursuant to Subsection N.
(2)
Businesses are allowed only one freestanding sign per site plus one
per building side of the following types of signs - wall, projecting,
roof, awning or fascia - per viewshed of road frontage.
(3)
Every application for a sign permit shall be accompanied by plans
to scale showing the area, location, and design of the sign in relation
to property lines and nearby buildings, structures, or other signs.
The application must also include materials and the method of illumination,
if any, and statements indicating compliance with appropriate construction
standards.
(4)
No sign shall be erected which, in the opinion of the Building Inspector,
may cause hazardous or unsafe conditions. If such signs exist, they
shall be removed upon direction of the Building Inspector following
notification to the owner.
(5)
No sign, other than official traffic signs or DOT-permitted signs,
shall be erected within the right-of-way of any public street or state
or county highway.
(6)
No temporary signs are allowed on state rights-of-ways (ROW) as stated
in Vehicle and Traffic Law § 1220-c and Highway Law § 52,
on Routes 9W, 212, and 32 in the Town of Saugerties. The state ROW
is the highway boundary as shown on the NYS DOT highway maps.
(7)
No sign shall be erected in such a manner as to obstruct free and
clear vision for drivers; interfere with, mislead or confuse traffic;
or be located where, by reason of its position, shape or color, such
sign may interfere with, obstruct the view of, or be confused with
any authorized traffic sign, signal or device by making use of the
words "STOP," "LOOK," "DANGER" or any similar words, phrase, symbol
or character, or red, green or amber illumination or reflection.
(8)
Off-premises signs, including those commonly known as "billboards,"
are not permitted in any district.
(9)
Directional signs. Business and public destinations relating to,
but isolated from, primary routes of travel shall be permitted a maximum
of two directional signs, subject to the issuance of a sign permit
and the following additional requirements:
(a)
In locations with more than one directional sign, all such signs
shall be affixed to a common standard and be graphically coordinated
and arranged so as to present a neat and orderly appearance. Any such
sign standard shall be designed to accommodate the later addition
of further directional signs; and
(b)
No directional sign shall be more than three square feet in
area. In areas with more than one directional sign, multiple directional
signs may be installed to provide safe means of travel on property.
C.
General sign standards.
(1)
Unless otherwise provided for in this section, no sign will have
more than two sides, and any reference to the total square footage
of allowable signage shall mean the amount that will be allowed on
each of the two sides of the sign.
(2)
All freestanding signs shall be designed and constructed to withstand
a wind pressure of not less than 30 pounds per square foot of surface
area.
(3)
All signs, including wall-mounted and projecting signs, shall be
securely anchored and shall not swing or move in any manner.
(4)
All signs shall be constructed of durable materials and shall be
maintained in a good condition.
(5)
No sign shall project beyond property lines or over public sidewalk
areas or vehicular traffic areas.
(6)
No sign shall be located higher than the building to which it is
attached.
(7)
Illuminated signs or lighting devices may be permitted, in addition
to a permanent fixed sign on the structure provided that the permanent
fixed sign does not exceed 1/2 of the interchangeable sign square
footage. Illuminated signs shall employ only lights emitting a constant
intensity, and no sign shall be illuminated by or contain a flashing,
moving or scrolling lights. In no event shall an illuminated sign
or lighting device be so placed or directed as to permit beams and
illumination therefrom to be directed or beamed upon a public street,
highway, sidewalk or adjacent premises so as to cause glare or reflection
that may constitute a traffic hazard or nuisance to adjoining properties.
All illuminated signs shall bear the Underwriters Laboratories, Inc.
seal or be inspected and certified by a Town-authorized electrical
inspection company.
(8)
All wiring to freestanding signs shall be underground and/or concealed
within the sign structure.
(9)
Suitable landscape planting shall be placed and maintained at the
base of all freestanding signs. Such signs and adjacent grounds shall
be kept neat, clean and in good repair.
D.
Signs permitted in the LDR, MDR, and HDR Districts:
(1)
For multiple-dwelling projects, one sign indicating the name of the
project may be permitted. Such sign shall not exceed 25 square feet
in area, or per side if double-faced.
(2)
On home occupation premises, one sign, either freestanding or attached,
not exceeding six square feet in area and not in the road right-of-way.
No freestanding sign shall exceed five feet in height above the finished
grade.
(3)
For nonresidential uses within these districts, a single wall sign
not exceeding 12 square feet per surface area and identifying only
the name of the establishment, locator information, and its principal
service or purpose.
(4)
For agricultural uses, one wall sign or one freestanding sign, not
exceeding 12 square feet in area per side and six feet in height,
and set back out of the road right-of-way. Agricultural premises may
also place not more than two "sandwich boards" or "chalk board" or
"reader board" type signs, measuring not more than nine square feet
in area per face, not to exceed four feet in height, in an off-premises
location.
(5)
For school and institutional uses, one wall sign and one freestanding
sign, not exceeding 24 square feet in area per side and eight feet
in height and set back at least 15 feet from the highway right-of-way
or 35 feet from the highway center line, whichever is greater.
E.
Signs in the RH, GB, HB, RB, I, and OLI Districts:
F.
Wall and fascia signs over six square feet in area.
(1)
One wall or fascia sign per viewshed of road frontage shall be permitted
for each nonresidential use in a structure.
(2)
Wall or fascia signs shall not project more than 12 inches from the
wall to which they are affixed.
(3)
Wall or fascia signs shall not extend above or beyond the face of
the wall in any direction.
(4)
The aggregate area, in square feet, of all signs on any wall shall
not be greater than twice the length, in feet, of such wall.
G.
Projecting signs or awning signs over four square feet in area.
(1)
Each establishment shall be permitted one projecting sign for each
frontage on a public right-of-way.
(2)
The distance between the faces of projecting signs shall not exceed
12 inches.
(3)
Projecting signs and awning signs shall not exceed an area of 15
square feet per face.
(4)
The outer edge of a projecting sign shall not extend more than five
feet from the face of the building to which it is applied.
(5)
The bottom edge of a projecting sign shall be no less than eight
feet nor more than 15 feet above the ground.
(6)
No part of a projecting sign shall extend within two feet of the
curbline of any public street or right-of-way.
H.
Freestanding signs over six square feet in area.
(1)
Where the principal building or group of buildings is set back at
least 15 feet from the right-of-way or street line, only one freestanding
sign shall be permitted on each site, which may include directory
signs for multiple businesses. No part of any freestanding sign or
its support shall be located within six feet of any building, property
line, right-of-way or street line.
(2)
The area of freestanding signs for single businesses shall not exceed
32 square feet per sign face. Where multiple businesses are indicated
on one sign structure, each business may have a maximum twelve-square-foot
sign. All signs shall have a maximum combined size of 96 square feet.
(3)
Freestanding signs may be up to five feet high, beginning 10 feet
from the public ROW and rise by one foot for each two feet the sign
is set back from the road. No part of any freestanding sign shall
be higher than 15 feet above grade.
H-1.
Changing message signs. Changing message signs shall
only be allowed for not-for-profit organizations, governmental agencies
and other fire, safety, police and other emergency entities serving
the public. All other uses of changing message signs are prohibited.
All such changing message signs shall be subject to the following
standards and conditions:
(2)
Changing message signs shall comply with all other relevant provisions of § 245-21, including location, size, design and construction among others, except as further limited in this subsection.
(3)
Location.
(a)
Changing message signs shall be permitted in the same zoning
districts under the same conditions as other signs, except that in
the LDR, MDR, HDR and RH Districts, such signs shall only be allowed
on the premises of permitted not-for-profit organization, governmental
agency and other fire, safety, police and other emergency entities
serving the public.
(b)
No such sign shall be located within 50 feet of the pavement
of a signalized intersection.
(c)
No changing message sign shall be located within 500 feet of
a similar sign visible from a road with a speed limit of 55 miles
per hour or within 400 feet of a similar sign visible from a road
with a speed limit of 45 miles per hour.
(d)
There shall be a maximum of one changeable message sign per
parcel, and no temporary sign shall be permitted on the same site
as a changeable message sign.
(4)
Illumination.
(a)
No such sign shall exceed a brightness level of 0.3 footcandle
above the ambient light level, measured at a distance of 50 feet from
the sign. The sign shall be equipped with light sensors to automatically
dim or increase illumination as ambient light levels change so that
this differential is maintained.
(b)
In the LDR, MDR, HDR and RH Districts, the changeable message
portion of the sign shall be turned off or remain static between the
hours of 10:00 p.m. and 6:00 a.m.
(5)
Legibility and operation.
(a)
Changing message signs shall be clear and easy to read, without
excessive text, colors, graphics or other features that reduce legibility.
The size of letters and number of words on such a sign shall take
into account the speed limit and visibility limitations of adjacent
roads.
(b)
The duration of the changing message shall be at least 12 seconds
and shall not flash or include any moving background.
(c)
Each message shall be complete in itself and not require continuation
to another message or sign by fading, scrolling or other animation.
(d)
Each changing message sign shall be equipped with a default
mechanism that will cause the sign to revert immediately to a black
screen if any sign component malfunctions.
I.
Roof signs. Roof signs shall only be permitted upon approval by the
Planning Board based on a finding that no other suitable location
for signage exists on the building or property. If permitted, such
sign shall not exceed 20 square feet in area.
J.
Prohibitions.
(1)
No sign shall be illuminated by or contain flashing, intermittent,
rotating or moving lights except to show time, date and temperature.
(2)
No sign shall contain any moving, revolving parts or scrolling messages.
(3)
No sign shall impair or cause confusion of vehicular or pedestrian
traffic in its design, color or placement.
(4)
No sign shall consist of or be supplemented by banners, pennants,
ribbons, streamers, spinners or similar moving, fluttering or revolving
devices.
(5)
No signs shall be attached to exempt signs.
(6)
No signs shall be within 10 feet of highway, road, street right-of-way.
(7)
No signs shall be attached to utility poles.
K.
Exempt signs. The following signs are exempt from these provisions.
(1)
Decorative banners not containing any words, labels, figures or descriptions.
(2)
Public service signs: promotional and directional signs.
(3)
Historical markers, tablets and statues, memorial signs and plaques;
names of buildings and dates of erection when cut into any masonry
surface or when constructed of bronze, stainless steel or similar
material; and emblems installed by governmental agencies, religious
or nonprofit organizations, not exceeding six square feet.
(4)
Flags and insignia of any government, except when displayed in connection
with commercial promotion.
(5)
On-premises directional signs for the convenience of the general
public, identifying public parking areas, fire zone, entrances and
exits, internally illuminated or nonilluminated, not exceeding four
square feet per face and six feet in height. Business names and personal
names shall be allowed, excluding advertising messages.
(6)
Number and nameplates identifying residences or home occupation businesses
mounted on the house, building, apartment or mailbox, not exceeding
two square foot in area.
(7)
Lawn signs identifying residences, not exceeding one square foot
per side if double-faced. Such signs are to be nonilluminated except
by a light which is an integral part of a lamppost if used as a support,
with no advertising message thereon.
(8)
Private-owner merchandise sale signs for garage sales and auctions
located on the premises, not exceeding four square feet, for a period
not exceeding seven days in any one month.
(9)
On-premises "No Trespassing" or "Private Property" or similar signs.
(10)
Temporary, nonilluminated "For Sale," "For Rent," "For Lease"
real estate signs and signs of a similar nature, concerning the premises
upon which the sign is located: in a residential zoning district,
one sign not exceeding four square feet per side; in a commercially
zoned district, one sign not exceeding 50 square feet total, set back
at least 15 feet from all property lines.
(11)
Temporary, nonilluminated window signs and posters not exceeding
25% of the window surface.
(12)
At gasoline stations, integral graphics or attached price signs
on gasoline pumps.
(13)
Directional signs for meetings, conventions and other assemblies.
(14)
One sign, not exceeding six square feet in a residential district
or 12 square feet in a commercial district, listing the architect,
engineer, contractor and/or owner, on premises where construction,
renovation or repair is in progress.
(15)
Political/social messages, banners and similar signs as long
as they are not placed on Town-owned property.
(16)
An event or campaign sign, not exceeding 24 square feet in area,
which is erected by a municipal, charitable, political or nonprofit
organization for a period not to exceed 30 days.
L.
Nonconforming signs.
(1)
A sign which does not comply with one or more of the general regulations and restrictions listed in this section, or which exceeds any quantitative requirements by more than 25%, shall be deemed a "nonconforming sign" and shall be subject to the provisions of Subsection L(2) below.
(2)
A sign determined to be nonconforming shall not be physically altered
or enlarged. The relettering, painting, decorating or normal maintenance
of such sign shall be permitted. However, any such sign once removed
for purposes other than relettering, painting, decorating, maintenance
or replacement by a sign of identical size, shape and location shall
be deemed permanently removed and may be replaced only in accordance
with the provisions of this chapter.
(3)
A billboard existing as of the date of adoption of Local Law No. 3 of 1989 may be replaced on the same site by a billboard of the same or less size, shape, height and area, upon issuance of a building permit as set forth below in Subsection N. In such event, the existing billboard shall be permanently removed.
M.
Unsafe, abandoned and unlawful signs.
(1)
Upon a finding by the Building Inspector that any sign regulated
herein is unsafe or insecure, or is a menace to the public, or has
been erected in violation of the provisions of this chapter, or advertises,
identifies or pertains to an activity no longer in existence, except
as provided hereinafter, the Building Inspector shall give written
notice to the permittee or owner. This provision shall not apply to
seasonal activities during the regular period in which they are closed.
(2)
If the permittee or owner fails to remove or alter the sign so as
to comply within 14 days after such notice, such sign may be removed
or altered to comply by the Building Inspector at the expense of the
permittee or owner of the property on which it is located. The Building
Inspector shall refuse to issue a new permit to any permittee or owner
who refuses to pay costs so assessed. The Building Inspector may cause
any sign which is an immediate peril to persons or property to be
removed summarily and without written notice.
N.
Required sign permits and procedures.
(1)
Sign permits.
(a)
Signs described in Subsections A through M above shall not hereafter be erected, re-erected, constructed, structurally altered, enlarged, or relocated within the Town, except as specifically exempted in Subsection K, unless a permit has been obtained from the Building Inspector. Such permit shall only be issued following submission, review and approval of an application in accordance with the requirements set forth below and payment of the required fee in accord with the schedule established by the Town Board.
(b)
A permit shall not be required for the repainting or maintenance
of an existing sign.
(2)
Application and review.
(a)
Application for a sign permit shall be made on a form designed
for that purpose and provided by the Building Inspector and shall
include:
[1]
A scale drawing of the sign which shows dimensions, design,
content, and its proposed location.
[2]
A drawing, with appropriate notes, describing the construction
of the sign and, where appropriate, the method of attachment to the
building.
[3]
A description or sample of the predominant material of which
the proposed sign will be made.
[4]
A description of the proposed method, if any, of sign illumination.
(b)
The Building Inspector shall review all sign applications and
approve, disapprove or approve with modifications the permit therefor
within 30 days of receipt of the application.
O.
Substitution clause. Any sign authorized pursuant to this section
may contain a noncommercial message constituting a form of expression
in lieu of other copy.
A.
Findings, purposes and considerations.
(1)
Ulster County and its surrounding communities have experienced an
increase in the establishment of adult uses. Based upon recent studies
evaluating the nature and extent of adverse secondary effects caused
by adult uses in commercial and residential areas, the Town Board
of the Town of Saugerties hereby finds that adult uses have negative
secondary impacts such as increased crime rates, depreciation of property
values and a deterioration of community character and quality of life.
These studies include an April 1996 study by the City of Kingston
and a September 1994 study by the New York City Department of City
Planning.
(2)
The Town Board of the Town of Saugerties also finds and declares
that there are some uses, such as adult uses, which due to their very
nature have serious objectionable characteristics. The objectionable
characteristics of these uses are further heightened by their concentration
in any one area thereby having deleterious effects on other adjacent
areas. Special regulation of these uses is necessary to ensure that
these adverse effects will not contribute to the blighting and the
downgrading of the surrounding neighborhoods or land uses. This section
is being enacted to accomplish the primary purposes of regulating
adult uses.[1]
B.
Restrictions. An adult use establishment shall be permitted in an
I (Industrial) Zoning District, subject to the following restrictions:
(1)
No adult use establishment shall be allowed within a one-thousand-foot
radius of another existing adult use establishment whether within
the Town of Saugerties or in a neighboring community. The one-thousand-foot
radius shall be measured in a straight line from the nearest point
of the wall of the portion of the building in which an adult use business
is conducted to the nearest point on the property of the area in question.
(2)
No adult use establishment shall be located within a five-hundred-foot
radius of any zoning district which is zoned to allow residential
use whether within the Town of Saugerties or in a neighboring community.
For measurement purposes, the distance between an adult use and residential
zoning district shall be measured in a straight line, without regard
to intervening structures or objects, from the closest structural
wall of such adult use to the boundary line of such residential district.
(3)
No adult use establishment shall be located within a five-hundred-foot
radius of a preexisting school, library, civic or youth-orientated
center, designated historic preservation site or district, park, playground,
place of worship, as well as any areas designated as "scenic" under
New York State law whether within the Town of Saugerties or in a neighboring
community. The five-hundred-foot radius shall be measured in a straight
line from the nearest point of the wall of the portion of the building
in which an adult use business is conducted to the nearest point on
the property of the area in question.
(4)
An adult use establishment shall not be permitted in any other district.
C.
Sign regulations associated with adult uses.
(1)
Advertisements, displays or other promotional material shall not
be shown or exhibited so as to be visible to the public from pedestrian
sidewalks or walkways or other areas, public or semipublic, and such
displays shall be considered signs.
(2)
No signs or other structures shall be placed, erected or used on
the premises except as provided in this chapter. Nor shall the building
be painted in garish colors or other such fashion as will effectuate
the same purpose as a sign without the approval of the Town of Saugerties
Planning Board.
(3)
Not more than one business wall sign shall be permitted for an adult
use, and said sign shall be permitted only on the front facade.
(4)
Sign messages shall be generic in nature, shall not contain material
classified as advertising and shall only identify the business which
is being conducted.
D.
Curfew. It shall be unlawful for any person maintaining or operating
any adult use establishment to operate said establishment between
the hours of 4:00 a.m. and 8:00 a.m. Monday through Saturday and 4:00
a.m. through 12:00 noon on Sunday.
E.
Waivers. The restrictions enumerated in this section may be waived
by the Town of Saugerties Zoning Board of Appeals if the applicant
shows, and the Board finds, that the following conditions have been
met in addition to the general standards contained in this chapter:
(1)
That the proposed use will not be contrary to the public interest
or injurious to nearby properties and that the spirit and intent of
this chapter will be observed.
(2)
That the establishment of an additional use of this type in the area
will not be contrary to any program of neighborhood conservation or
improvement, either residential or nonresidential.
A.
Purpose. Pursuant to § 278 (cluster subdivisions) of Town
Law, the purpose of this section is to achieve a balance between well-designed
residential development, meaningful open space conservation, and natural
resource protection in portions of the Town of Saugerties by requiring
conservation subdivisions instead of conventional subdivisions. The
use of conservation subdivisions is intended to preserve tracts of
environmentally and scenically significant undeveloped land. Conservation
subdivisions result in the preservation of contiguous open space and
important scenic and environmental resources while allowing compact
development, more walkable and bikeable neighborhoods, and more design
flexibility than conventional subdivisions.
(1)
(2)
Applicants for subdivisions that meet all the criteria set forth in Subsection A(1)(a)[1] and [2] may still utilize the conservation subdivision process described in this section or they may utilize the conventional subdivision process described in the Subdivision Regulations,[1] at their discretion. If a proposed subdivision meets all the criteria set forth in Subsection A(1)(a)[1] and [2] and a conventional subdivision is pursued, the final subdivision plat must contain a prominent notation that includes the following:[2]
B.
Standards for conservation subdivisions.
(1)
Density calculation.
(a)
The maximum number of residential units allowed on a site (base
density) is calculated by a formula based upon the acreage of unconstrained
land on the property.
[1]
To determine unconstrained acreage, subtract from the total
(gross) acreage of the proposed development parcel the acreage of
constrained land. "Constrained land" includes wetlands, watercourses,
one-hundred-year floodplains, and slopes over 25% which are 2,000
square feet or more of contiguous sloped area. With Planning Board
approval, up to 25% of the constrained acreage may be counted as unconstrained
land for purposes of the density calculation.
[2]
To determine the base number of allowable residential units
on the site, divide the unconstrained acreage by the allowable number
of acres per unit required within the zoning district. Round down
fractional units of 0.5 or less and round up fractional units greater
than 0.5. The resulting number is the base density allowed on the
site.
(b)
Pursuant to § 261-b (incentive zoning) of Town Law, the base density, as determined in Subsection B(1)(a) above, may be increased by up to 15%, at the sole discretion of the Planning Board, if permanent public access will be granted to the protected open space land and any associated improvements as delineated in this section.
(c)
The density permitted by this section shall not be reduced as
a result of the conservation analysis required in this section or
as a result of the reservation of parkland during the subdivision
process.
(2)
Conservation analysis.
(a)
As part of its preliminary plat submission, an applicant shall
prepare a conservation analysis, consisting of inventory maps and
photographs, description of the land, and an analysis of the conservation
value of various site features. The conservation analysis shall show
lands with conservation value, including but not limited to the following:
[1]
"Constrained land," as defined in this chapter.
[2]
"Open space and recreational resources," as described in the
Town's pending Open Space Plan (as may be adopted).
[3]
Buffer areas necessary for screening new development from adjoining
parcels.
[4]
Land exhibiting present or potential recreational, historic,
ecological, agricultural, water resource, habitat, scenic or other
natural resource value.
[5]
Land that, considered together with land on adjoining parcels, would constitute a contiguous area or network of open space for the benefit of conserving the resources identified in Subsection B(2)(a)[1] through [4] above.
(b)
The Planning Board and/or, at its request, the Town's Conservation
Advisory Committee (CAC), the Town's Historic Preservation Commission,
Town staff or appropriate professionals retained by the Town may,
and are encouraged to, conduct a site visit to review the applicant's
conservation analysis for completeness and accuracy. The site visit
may also be used by the Planning Board to help determine which of
the lands identified as being of conservation value are most important
to preserve.
(c)
The conservation analysis shall describe the importance and
the current and potential conservation value of all land on the site.
In the course of its initial preliminary plat review, the Planning
Board shall indicate to the applicant which of the lands identified
as being of conservation value are most important to preserve.
(d)
The outcome of the conservation analysis and the Planning Board's
determination shall be incorporated into the approved preliminary
plat showing land to be permanently preserved by a conservation easement.
The preliminary plat shall also show preferred locations for intensive
development as well as acceptable locations for less dense development.
(e)
The final determination as to which land has the most conservation
value and will be protected from development by conservation easement
shall be made by the Planning Board. Whenever the Planning Board approves
a plan with protected open space, it shall make written findings identifying
the specific conservation values protected and the reasons for protecting
such land (the "conservation findings"). The Planning Board shall
deny an application that does not include a complete conservation
analysis sufficient for the Board to make its conservation findings.
(f)
The preliminary plan shall show the following as land to be
preserved by conservation easement:
[2]
At least 40% of the land not preserved in Subsection B(2)(f)[1] above.
(g)
If, based upon the conservation analysis, the Planning Board
determines in its conservation findings that there is no reasonable
basis for requiring a conservation subdivision, the Board may approve
a conventional development of the site.
[1]
In order for the Planning Board to make such a determination,
the applicant must demonstrate at least one of the following:
[a]
The land contains no substantial resources with
conservation value;
[b]
The acreage is too small to preserve a substantial
amount of land with conservation value (this criterion shall not be
evaded by piecemeal subdivision of larger tracts); or
[c]
The lot configuration is unique and precludes preservation
of a substantial amount of land with conservation value.
[2]
In order to make the required showing under Subsection B(2)(g)[1][b]
or [c] above, the applicant must also demonstrate that the parcel
does not adjoin other land that, when combined with open space on
the parcel, would result in the preservation of a substantial amount
of land with conservation value (including any portion of a designated
trail corridor or wildlife corridor), regardless of whether or not
the adjoining parcels have been protected as open space.
(h)
An approval of a conventional subdivision shall refer to the
conservation findings and may be conditioned upon the protection by
conservation easement of portions of the site identified in the conservation
analysis and findings as having conservation value.
(3)
Types of development in a conservation subdivision. The allowable
residential units in a conservation subdivision may be developed as
single-family or two-family dwellings. The allowable residential units
in a conservation subdivision may be developed in multifamily dwellings,
upon approval by the Planning Board of a special use permit.
(4)
Lot sizes in conservation subdivisions. There shall be no minimum
lot size in a conservation subdivision. The Planning Board shall determine
appropriate lot sizes in the course of its review of a conservation
subdivision. In order to permit a clustered lot configuration, wells
and septic systems may be located in areas of protected open space,
provided that necessary easements are provided for maintenance of
these facilities.
(5)
Other area and dimensional requirements.
(a)
There shall be no required area, bulk, or dimensional standards
in a conservation subdivision, except that, where such subdivision
abuts an existing residence in a residentially zoned area, a suitable
buffer area shall be required by the Planning Board. This buffer shall
be at least the same distance as the minimum rear or side yard setback
in the district in which the abutting land is located.
(b)
The applicant shall specify dimensional requirements for a proposed
conservation subdivision by identifying setbacks and other lot dimensions
to be incorporated into the final plat.
(c)
In accordance with § 278 of Town Law, when the final
plat is filed with the County Clerk and a copy of the final plat is
filed with the Town Clerk, the Town Clerk shall make appropriate notations
and references thereto on the Town Zoning Map. The Town Clerk shall
make such notations and references as needed, but not less frequently
than semiannually.
(6)
Conservation subdivision of a portion of larger tract. The Planning Board may entertain an application for a subdivision of a portion of a parcel if a conservation analysis is provided for the entire parcel and the approval to develop a portion of the parcel is not a basis for the applicant or successor in interest to subsequently request an exception under Subsection B(2)(g) for the remainder of the parcel.
(7)
Conservation subdivision design guidelines. Lots shall be arranged
in a manner that protects land of conservation value and facilitates
pedestrian and bicycle circulation. Permitted building locations or
areas ("building envelopes") shall be shown on the final plat.
(8)
Road standards. Roads built within conservation subdivisions shall
conform to the construction requirements outlined in Minimum Standard
Requirements for the Establishing of New York Town Roads in the Town
of Saugerties, Ulster County, New York, or Standards for Private Rural
Roads, Town of Saugerties, New York, as appropriate.[3] These standards may be reduced at the discretion of the
Planning Board and with approval of the Town Highway Department and
the Town Engineer.
C.
Permanent open space. Open space set aside in a conservation subdivision
shall be permanently preserved as required by this section. Any development
permitted on land located in a conservation subdivision that is not
protected as open space shall not compromise the conservation value
of such open space land.
(1)
Conservation value of open space. The open space protected pursuant to this section must have "conservation value," which shall be determined in the course of the conservation analysis described in Subsection B(2) above.
(2)
Permanent preservation by conservation easement.
(a)
A perpetual conservation easement restricting development of
the open space land and allowing use only for agriculture, forestry,
passive recreation, protection of natural resources, or similar conservation
purposes, pursuant to § 247 of the General Municipal Law
and/or §§ 49-0301 through 49-0311 of the Environmental
Conservation Law, shall be granted to the Town, with the approval
of the Town Board, and/or to a qualified not-for-profit conservation
organization acceptable to the Town Board. Such conservation easement
shall be approved by the Planning Board and shall be required as a
condition of final plat approval. The Planning Board shall require
that the conservation easement be enforceable by the Town if the Town
is not the holder of the conservation easement. The conservation easement
shall be recorded in the County Clerk's office, and recording information
(liber and page) shall be shown on the final plat prior to filing
of the final plat in the County Clerk's office.
(b)
The conservation easement shall prohibit residential, industrial,
or commercial use of open space land (except in connection with agriculture,
forestry, and passive recreation) and shall not be amendable to permit
such use. At the discretion of the Planning Board, the conservation
easement may permit publicly accessible, outdoor active recreation
on the portion of protected open space comprised of unconstrained
land, or may be amendable to permit such use in the future, provided
that the Planning Board finds such use would be compatible with the
surrounding neighborhood and that it would not impair the conservation
value of the land. Driveways, wells, underground sewage disposal facilities,
(including constructed wetlands), local utility distribution lines,
stormwater management facilities, trails, and agricultural structures
shall be permitted on preserved open space land with Planning Board
approval, provided that they do not impair the conservation value
of the land. Forestry shall be conducted in conformity with applicable
best management practices as described by the New York State Department
of Environmental Conservation's Division of Lands and Forests.
(c)
A land management plan, approved by the Planning Board, shall
be included in the conservation easement. The conservation easement
shall provide that, if the Town Board finds that the management plan
has been violated in a manner that renders the condition of the land
a public nuisance, the Town may, upon 30 days' written notice to the
owner, enter the premises for necessary maintenance, and that the
cost of such maintenance by the Town shall be assessed against the
landowner or, in the case of a homeowners' association, the owners
of properties within the development and shall, if unpaid, become
a tax lien on such property or properties.
(d)
Preserved open space may be included as a portion of one or more large lots or may be contained in a separate open space lot. The conservation easement may allow dwellings to be constructed on portions of lots that include preserved open space land, provided that the total number of dwellings permitted by the conservation easement in the entire subdivision is consistent with applicable density limitations as determined under Subsection B(1).
(3)
Notations on final plat. Preserved open space land shall be clearly
delineated and labeled on the subdivision final plat as to its use,
ownership, management, method of preservation, and the rights, if
any, of the owners of lots in the subdivision and the public to the
open space land. The final plat shall clearly show that the open space
land is permanently preserved for conservation purposes by a conservation
easement required by this section and shall include deed recording
information in the County Clerk's office for the conservation easement.
(4)
Ownership of open space land.
(a)
Open space land shall under all circumstances be protected by
a perpetual conservation easement, but may be owned in common by a
homeowners' association (HOA); offered for dedication to town, county,
or state governments; transferred to a nonprofit organization acceptable
to the Planning Board; held in private ownership; or held in such
other form of ownership as the Planning Board finds appropriate to
properly manage the open space land and to protect its conservation
value.
(b)
If the land is owned in common by an HOA, such HOA shall be
established in accordance with the following:
[1]
The HOA application must be submitted to the New York State
Attorney General's Office before the approved subdivision final plat
is signed and must comply with all applicable provisions of the General
Business Law. The HOA must be approved by the New York State Attorney
General's Office prior to issuance of the first certificate of occupancy
from the Building Inspector.
[2]
Membership must be mandatory for each lot owner, who must be
required by recorded covenants and restrictions to pay fees to the
HOA for taxes, insurance, and maintenance of common open space, private
roads, and other common facilities.
[3]
The HOA must be responsible for liability insurance, property
taxes, and the maintenance of recreational and other facilities and
private roads.
[4]
Property owners must pay their pro rata share of the costs in Subsection C(4)(b)[2] above, and the assessment levied by the HOA must be able to become a lien on the property.
[5]
The HOA must be able to adjust the assessment to meet changed
needs.
[6]
The applicant shall make a conditional offer of dedication to
the Town, binding upon the HOA, for all open space to be conveyed
to the HOA. Such offer may be accepted by the Town, at the discretion
of the Town Board, upon the failure of the HOA to take title to the
open space from the applicant or other current owner, upon dissolution
of the association at any future time, or upon failure of the HOA
to fulfill its maintenance obligations hereunder or to pay its real
property taxes.
[7]
Ownership shall be structured in such a manner that real property
taxing authorities can satisfy property tax claims against the open
space lands by proceeding against individual owners in the HOA and
the dwelling units they each own.
[8]
The Town Attorney's Office shall find that the HOA documents presented satisfy the conditions in Subsections C(4)(b)[1] through [7] above and such other conditions as the Planning Board shall deem necessary.
D.
Conservation subdivision procedures.
(2)
Existing conditions/sketch plan discussion. An applicant shall request
an existing conditions/sketch plan discussion with the Planning Board
prior to the applicant making any formal subdivision submission. The
existing conditions/sketch plan discussion is a mandatory preapplication
procedure. In preparation for the existing conditions/sketch plan
discussion:
(a)
The applicant shall submit an assessment of existing conditions
on the site to be subdivided. This initial site assessment shall be
based on data regarding natural resources, aerial or satellite photography,
or other publicly available information as required by the Building
Department. It need not be based upon surveyed data. This initial
site assessment shall show the approximate area of the project that
might constitute constrained lands (wetlands, floodplains, steep slopes,
etc.) and the area that might be classified as developable lands,
with photographs of these areas. It shall also describe (with text
and photographs) special or unique physical features on the site that
may be considered further in the conservation analysis during preliminary
plat review and which may influence the design of the conservation
subdivision.
(b)
The applicant shall submit a conceptual sketch plan of the proposed
subdivision. The sketch plan submitted need not be based upon surveyed
data, but it should contain the following information:
[1]
A vicinity map showing the location of the land to be subdivided
and the boundaries of all tax parcels within 500 feet of the property.
[2]
The tax map sheet, block and lot numbers, as available from
the Town Assessor's office.
[3]
Information regarding all known restrictions on the use of land,
including easements, covenants or zoning district classification.
[4]
An estimate of the number of lots and/or units that might be
accommodated within the project.
[5]
A broad concept plan to indicate any initial ideas about the
location of homes, roads, trails, conservation areas, and utilities.
(c)
During the sketch plan discussion, the applicant and the Planning
Board may discuss the possible requirements of the project in relation
to standards for street improvements, grading, drainage, sewerage,
water supply, fire protection and similar aspects, as well as the
availability of existing services and other pertinent information.
(3)
Preliminary plat review.
(a)
The preliminary plat application shall contain the following:
[2]
A conservation analysis as described in Subsection B(2) above, including a proposed conservation analysis map.
[3]
A schematic ("bubble") diagram showing which areas on the parcel
would be developed and where land would be protected as permanent
open space by a conservation easement.
[4]
A conceptual layout showing approximate building locations or
areas ("building envelopes"), road and trail alignments, and lot lines.
Approximate dimensions of roads and lots, topography and drainage,
and a description of all proposed facilities (unsized) shall also
be provided.
[5]
Additional submission requirements available from the Planning
Department.
(b)
The preliminary plat shall be reviewed by the Planning Board, which shall hold a public hearing and make its conservation findings as required by Subsection B(2) above. The notice and hearing procedures shall be the same as those for a subdivision contained in the Town of Saugerties Land Subdivision Regulations.[4] In order to approve a preliminary plat, the Planning Board
must find that it complies with all relevant provisions of this chapter.
(c)
SEQR compliance for the preliminary plat shall be the same as
required by the Town Law, § 276, for a preliminary plat
application.
(4)
Final plat review.
(a)
Within 180 days of the approval of the preliminary plat, whether
with or without modification, the owner must submit the plan in final
form. If such plan is not so submitted, approval of the preliminary
plat is subject to revocation by the Planning Board. Upon application,
the Board may grant up to two ninety-day extensions of this time requirement.
The Planning Board may grant an extension only upon the determination
of what the Board, in its sole discretion, finds to be extraordinary
conditions.
(b)
The procedure for final plat review, including notice and hearing
procedures, shall be the same as those for a subdivision plan contained
in the Town of Saugerties Land Subdivision Regulations.[5] In order to approve a final plat, the Planning Board must
find that it is consistent with the preliminary plat and complies
with all relevant provisions of this chapter.
(c)
The final plat review application shall contain the following:
[1]
All the materials required for approval as provided in the Town
of Saugerties Land Subdivision Regulations unless waived by the Planning
Board.
[2]
Proposed conservation easement(s) for the protection of permanent
open space land.
[3]
A final land management plan for the permanent open space areas,
to be incorporated into the conservation easement and made enforceable
by the Town.
[4]
Other submission requirements as specified by the Planning Board.
(d)
SEQR compliance for the final plat shall be the same as required
by the Town Law, § 276, for final plat approval. Final plat
approval shall expire after 180 days if the applicant has not complied
with all conditions of the approval. Upon an application, the Board
may grant up to two ninety-day extensions of this time requirement.
The Planning Board may grant an extension only upon the determination
of what the Board, in its sole discretion, finds to be extraordinary
conditions.
A.
Purpose. The Sensitive Area (SA) Overlay District is established
to protect those areas of the Town which are characterized by environmental
conditions which are particularly sensitive to development. To protect
these areas, the permitted density of development in the SA District
is reduced compared to that otherwise permitted in the zoning district
and additional bulk standards and regulations apply. The SA District
is an overlay whereby specific conditions are imposed in addition
to those which apply to the underlying district. The Sensitive Area
(SA) Overlay District has been delineated on a map which encompasses
those areas of the Town that include or are affected by high concentrations
of one or more of the features below, which are deemed to be significant
development constraints:
(1)
Areas with a slope of 15% or greater.
(2)
Wetlands designated by the New York State Department of Environmental
Conservation pursuant to the Environmental Conservation Law, and wetlands
defined by the Federal Interagency Committee for Wetland Delineation
in the Federal Manual for Identifying and Delineating Jurisdictional
Wetlands, 1989, and adopted by the U.S. Army Corps of Engineers, U.S.
Environmental Protection Agency, U.S. Fish and Wildlife Service, and
USDA Soil Conservation Service in 1987.
(3)
Soils with a high clay content and/or which are poorly drained and
have a slow rate of permeability, including the following soils as
listed in the Soil Survey for Ulster County, prepared by the U.S.
Department of Agriculture, Natural Resources Conservation Service[1]: Canandaigua, Churchville, Lyons, Madalin, Menlo, Morris,
Odessa, Raynham, Rhinebeck, Scriba, Tuller, Volusia and Wayland.
[1]
Editor's Note: Formerly the Soil Conservation Service.
(4)
Areas within the one-hundred-year flood hazard boundary designated
under the National Flood Insurance Program.
(5)
Agricultural districts designated under Article 25-AA of the New
York Agriculture and Markets Law.
(6)
Preferential groundwater recharge areas identified by New York Rural
Water Association in the document entitled "Ground Water Protection
Plan for the Town of Saugerties."
(7)
Areas in the Town tributary to the Town of Saugerties' Blue Mountain
Reservoir as identified by the New York Rural Water Association using
data from the New York State Department of Health.
B.
Applicability. The provisions of this section shall apply to all
parcels of land in the Sensitive Area (SA) Overlay District with an
area of five acres or more on the date of adoption of this chapter
and its amendments, including any parcels resulting from any subsequent
subdivision thereof. The boundaries of the Sensitive Area (SA) Overlay
District are delineated on the Town of Saugerties Zoning Map (Map
1 of 2 and Map 2 of 2) and on a map entitled "Sensitive Area (SA)
Overlay District Map," dated September 1, 2005, and filed with the
Town Clerk.
D.
Area and bulk. For any proposed use or activity in the SA District,
the following provisions shall apply:
(1)
The minimum lot area and the minimum lot area per dwelling unit shall
be twice that set forth in the Area and Bulk Schedule for the underlying
district.
(2)
The minimum lot width shall be 1 1/2 times that set forth in
the Area and Bulk Schedule for the underlying district.
(3)
The maximum amount of impervious surface area shall not exceed 10%
of the total area of the lot, except that any impervious surface resulting
from an alteration or accessory building to an existing one-family
residential dwelling is not to be counted against any calculation
of the ten-percent impervious surface restriction.
E.
Prohibited uses. The following uses and activities are prohibited
within a linear distance of 100 feet on either side of the mean high-water
mark of watercourses tributary to the Town of Saugerties' Blue Mountain
Reservoir in the SA District in order to protect environmental conditions:
(1)
Construction of buildings or structures of any kind.
(2)
Excavation, dredging or dumping of soil, spoils, liquid or solid
materials except to stabilize and/or protect streams and other waters
and as permitted by applicable state and/or federal agencies.
(3)
Creation of roads or driveways except as necessary to access land,
after Planning Board approval.
(4)
Use of motorized vehicles except for personal recreational vehicles, vehicles used to access the owner's property, equipment used for maintenance, landscaping and agricultural uses, and/or for emergency purposes [see Subsection E(5)(a) below].
(5)
Disturbance of natural vegetation except for the following:
(a)
Maintenance of existing lawns and fields, landscaping, shrubbery,
or trees existing at the time of passage of these restrictions.
(b)
Plantings of trees, shrubs, grasses, etc., in order to protect
streams and other waters.
(c)
Conservation measures designed to remove damaged or diseased
trees or to control noxious weeds or invasive species.
(6)
The use of pesticides and herbicides.
(7)
Creation of parking spaces or lots and loading/unloading spaces for
vehicles.
(8)
New surface and/or subsurface sewage disposal or treatment areas
except as necessary to repair or replace an existing home sewage disposal
system and in accordance with the approval of the Ulster County Department
of Health.
F.
Exemptions.
(1)
A property owner may request exemption from the provisions of this section on the basis that a specific property or land area, before any disturbance, does not include those features which are the criteria for designation of an SA District. Such a request shall be submitted to the Planning Board and shall include documentation with respect to each feature set forth in Subsection A above. The Planning Board shall issue an exemption, in writing, only upon a finding that the specific property or land area does not contain any of the features set forth in Subsection A or that such features comprise less than 15% of the total land area requested for exemption.
(2)
A property owner may also request exemption from the provisions of Subsection D(3) and (4) above if a satisfactory system for the artificial recharge of precipitation is provided. Recharge can be achieved by incorporating natural drainage patterns and vegetation with devices such as infiltration basins, infiltration trenches or similar systems. Details of such a proposed system shall be submitted to the Planning Board. The Planning Board shall issue an exemption, in writing, only upon a finding that the artificial recharge system would not likely result in the degradation of groundwater quality.
A.
Purpose and area of applicability.
(1)
The Aquifer Protection Overlay District is established to preserve
the quality and quantity of the Town's groundwater resources in order
to ensure a safe and adequate water supply for present and future
generations and to preserve groundwater resources currently in use
and those aquifers having potential for a future use as a public water
supply. The provisions of this section shall apply to all properties
that lie within the area that is designated as an Aquifer Protection
Overlay District, as defined herein, and delineated on the "Town of
Saugerties Zoning Map" (Map 1 of 2, and Map 2 of 2) and a map entitled
"Aquifer Protection Overlay District Map," dated March 7, 2007, and
filed with the Town Clerk.
(2)
The Aquifer Protection Overlay District consists of two zones as
defined by the New York Rural Water Association: the Unconsolidated
Aquifer Zone and the Aquifer Watershed Zone. These zones are identified
upon the maps referenced above. The Unconsolidated Aquifer Zone consists
of those land areas overlying the unconsolidated aquifer in the Town
of Saugerties as depicted on Plate 3 of the document by New York Rural
Water Association entitled "Ground Water Protection Plan for the Town
of Saugerties." The Aquifer Watershed Zone consists of adjacent land
areas that do not overlie the aquifer but are where surface water
runs across the land after rainfall or flooding and eventually enters
the aquifer area.
B.
General provisions.
(1)
The provisions of this section are not intended to repeal, abrogate,
or annul any portion of these regulations, existing state and federal
regulations, or existing easements, covenants, or deed restriction.
In any case where there is a conflict, whichever imposes the more
stringent restriction applies.
(2)
The Aquifer Protection Overlay District, delineated on the maps specified in Subsection A herein are adopted as the regulatory boundaries subject to the provisions herein.
(3)
All uses that are permitted in the underlying zones shall be permitted
in the Aquifer Protection Overlay District with the exceptions, restrictions,
and requirements below.
(4)
Where the bounds of the Aquifer Protection Overlay District delineated on the maps specified in Subsection A are in dispute, the burden of proof shall be upon the owner(s) of the land in question or his official designee to show that the boundaries differ from those that are indicated. At the request of the owner(s) whose land has been designated as part of the Aquifer Protection Overlay District, the Town may engage a professional hydrogeologist or geologist to determine more accurately the location and extent of the aquifer or recharge area and may charge the owner(s) for all or part of the cost of the investigation.
C.
Prohibited uses.
(1)
The following uses and activities are specifically prohibited within
both the Unconsolidated Aquifer Zone and the Aquifer Watershed Zone
of the Aquifer Protection Overlay District in order to safeguard groundwater
resources which serve as present or future drinking water supplies:
(a)
Airports, flying fields, airport terminals, and/or airport maintenance
areas.
(b)
Automotive repair shops, automotive sales, or automotive service
facilities.
(c)
Boat, motorcycle, agricultural equipment, or recreational vehicle
service, repair and/or washing establishments.
(d)
Bottled water or bulk water facilities (including supply sources).
(e)
Cemeteries or crematories.
(f)
Concentrated animal feeding operations in areas outside of local
agricultural district(s) created pursuant to New York State Agriculture
and Markets Law.
(g)
Establishments for the cleaning and servicing of catch basins,
cesspools, septic tanks, sewers, tanks and boilers, or tank trucks.
(h)
Fertilizer stockpiling or storage except in containers or structures
designed to prevent contact with precipitation.
(i)
Fuel oil dealers, or petroleum and petroleum products wholesalers,
or wholesale distributors of crude petroleum and petroleum products.
(j)
Gasoline service stations.
(k)
Hazardous waste treatment, handling, storage or disposal facilities.
(l)
Junkyard, salvage, or impoundment yards (including used motor
vehicle parts and scrap/waste materials).
(m)
Laundry, cleaning, or garment services, including dry cleaners,
coin-operated laundries, commercial or industrial laundries, carpet
and upholstery cleaners, and linen supply services.
(n)
Maintenance and repair shops for major or small household appliances
and electrical entertainment devices (stoves, washers, televisions,
DVD players, etc.) or low-power internal combustion engines or electric
motors (chain saws, lawn mowers, snowmobiles, etc.).
(o)
Manure storage except for the primary purpose of agricultural
use.
(p)
Motor freight transportation (e.g., trucking) or motor vehicle
passenger (e.g., bus) terminals.
(q)
Motor vehicle washing, cleaning, and polishing facilities, or
facilities for the self-service washing of motor vehicles (e.g., car
washes).
(r)
Municipal or industrial sewage treatment facilities with disposal
of primary or secondary effluent.
(s)
Outdoor storage of coal, deicing compounds, fertilizers, hazardous
substances, or hazardous waste.
(t)
Pest control services or establishments engaged in the wholesale
distribution of pesticides or herbicides.
(u)
Pipelines that carry petroleum (other than natural gas) or hazardous
substance/waste.
(v)
Radioactive materials treatment, handling, storage or disposal
facilities.
(w)
Regulated medical waste storage, treatment, disposal, and/or
destruction facilities.
(x)
Solid waste management facilities.
(y)
Surface land application of septage, sewage, sludge, or human
excreta except where permitted by NYSDEC for agricultural use.
(z)
Wells or other facilities for oil or gas extraction, gas storage,
solution mining, or brine disposal.
(aa)
Wholesale distributors of chemicals and related products such
as acids, industrial and heavy chemicals, industrial salts, etc.
(bb)
Any use or activity not otherwise specifically mentioned above
that involves the on-site disposal of solid waste, petroleum, radioactive
material, hazardous substances, hazardous waste, or aqueous-carried
waste (except sewage, animal manure and associated bedding material,
and agricultural use of food processing wastes where the waste is
applied at or below agronomic rates).
(2)
In addition, the following uses and activities are also prohibited
within the Unconsolidated Aquifer Zone of the Aquifer Protection Overlay
District:
(a)
Extraction of sand and gravel, as well as other overburden and
minerals from the earth, except for the excavation, removal and disposition
of minerals from construction projects, the creation of water bodies,
or excavations in aid of agricultural activities.
(b)
Manufacturing uses, including but not limited to the following,
except where permitted in the Office/Light Industrial District (OLI)
and the Industrial District (I) by right or after issuance of a special
use permit:
[1]
Food or animal processing.
[2]
Textile preparation, manufacturing, dyeing, finishing, coating,
waterproofing, or treating.
[3]
Reconstituted wood products manufacturing or wood preserving.
[4]
Furniture manufacturing.
[5]
Paper and paper product manufacturing.
[6]
Printing and publishing industries.
[7]
Chemical manufacturers, including makers of chemicals and chemical
preparations such as industrial inorganic chemicals, plastics and
synthetic resins, drugs, soap, detergents, cleaners, paints, varnishes,
lacquers, enamels, industrial organic chemicals, agricultural chemicals,
ink, explosives, adhesives, and sealants.
[8]
Petroleum refining.
[9]
Manufacturers of asphalt and tar paving mixtures.
[10]
Rubber and plastics products manufacturing.
[11]
Tanning, currying, and finishing hides and skins,
leather converters, and manufacturing of finished leather and artificial
leather products.
[12]
Producers of stone, clay, glass, and concrete
products.
[13]
Primary metal industries.
[14]
Fabricated metal shops.
[15]
Manufacturers of machinery other than electrical.
[16]
Production of motor vehicles, aircraft, and other
transportation equipment.
[17]
Makers of jewelry, silverware, and plated ware,
except for activities associated with a home occupation.
D.
Site plan review and approval in Aquifer Protection Overlay District.
(1)
Any proposed use or activity wholly or partially within the Aquifer
Protection Overlay District shall be required to have site development
plan review and approval by the Planning Board prior to issuance of
a building permit or certificate of occupancy except for the construction
or modification of a single one- or two-family dwelling, accessory
building or use; and agricultural uses.
(2)
The Planning Board may require changes or additions to the site plan
as a condition of approval to safeguard groundwater resources. No
building permit and no certificate of occupancy shall be issued unless
and until such conditions have been fully met or performed. All improvements
to the site shall be completed in strict conformance with the site
plan as approved.
(3)
In addition to other information that may be required for a site
plan submittal, the following information shall be provided for a
proposed use or activity located partially or wholly within the Aquifer
Protection Overlay District:
(a)
A location map of the proposed use or activity in relation to
the Aquifer Protection Overlay District boundaries.
(b)
A map and report detailing the proposed conveyance, storage,
distribution, generation, use and/or treatment of any process wastes,
aqueous-carried wastes (except sewage), petroleum, hazardous substances,
hazardous wastes, solid waste, radiological substances, and/or incidental
wastes.
(c)
A map and report detailing the proposed conveyance, storage,
distribution, generation, use, treatment, and/or disposal of any stormwater
and sewage.
(d)
For proposed golf courses, a natural resources management plan
that assesses natural resources and environmental impacts and provides
strategies for addressing natural resources issues. Such a plan shall
include the assessment of and plans for wildlife conservation and
habitat enhancement; waste reduction and management; energy efficiency;
water conservation; water quality management and monitoring; and integrated
pest management.
(e)
A list of all process wastes, aqueous-carried wastes (except
sewage), petroleum, hazardous substances, hazardous wastes, solid
waste, and radiological substances to be used, generated, and/or stored
on the premises.
(f)
A description of all pollution control measures and activities
proposed to prevent on-site disposal and potential contamination of
groundwater or surface water, including spill-response activities.
(g)
A statement as to the degree of threat to groundwater and surface
water quality that could result if the control measures failed.
(h)
A description of the provisions for the off-site disposal of
solid waste, petroleum, radioactive material, hazardous substances,
hazardous waste, process wastes, and/or aqueous-carried waste (except
sewage).
(i)
A description of the proposed means of water supply, including,
if applicable, an estimate of the total daily groundwater withdrawal
rate.
(j)
Copies of any permits and applications made to any other governmental
agencies.
(k)
A completed short form SEQR Environmental Assessment Form (EAF).
(l)
Additional information or material that may be requested by
the Planning Board in order to evaluate the site plan.
(4)
The following criteria shall be used by the Planning Board in reviewing
applications for site plan review and shall serve as minimum requirements
for approval of the application pursuant to this section. The application
shall not be approved unless the Planning Board determines that the
applicant has met all of these standards. In all instances, the burden
of proof shall be on the applicant who must produce evidence sufficient
to warrant a finding that all applicable criteria have been met.
(a)
The proposed use or activity must comply with the regulations
and requirements set forth in this section regarding the Aquifer Protection
Overlay District.
(b)
Adequate provisions must be made for the collection and disposal
of all stormwater that runs off proposed roads, parking areas, roofs,
and other surfaces such that it will not have an adverse impact on
abutting or downstream properties.
(c)
Filling, excavation and earthmoving activity must be kept to
a minimum. Natural vegetation must be preserved and protected wherever
possible. Soil erosion and sedimentation of watercourses and water
bodies must be minimized.
(d)
The proposed use or activity must be located or designed in
such a manner that it will not adversely impact the quantity of groundwater
available to any public water supply wells or other wells.
(e)
The proposed use or activity must be designed with adequate
control measures to prevent the on-site disposal of solid waste, pathological
or medical waste, petroleum, radioactive material, hazardous substances,
hazardous waste, or process waste, including aqueous-carried waste
(except sewage). The adequacy of the proposed control measures must
be evaluated in terms of their simplicity, reliability, and feasibility,
as well as the degree of threat to public water supply wells and other
wells in the event that the control measures failed.
(f)
All handling and storage of solid waste, pathological or medical
waste, petroleum, radioactive material, hazardous substances, hazardous
waste, or process wastes must meet the standards of the New York Department
of Environmental Conservation and/or all applicable state or federal
agencies.
(g)
The proposed use or activity must provide adequate provisions
for the safe off-site disposal of solid waste, hazardous waste, process
waste, and other wastes generated. All waste must be disposed of at
a licensed disposal facility having adequate capacity to accept the
use's wastes.
(h)
In the event of an on-site disposal (i.e., spill) of potential
contaminants, the proposed use or activity must have adequate spill-response
and containment plans in place to minimize groundwater or surface
water contamination.
A.
Purpose. The purpose of this district is to protect and enhance the shoreline, through protecting water quality and preventing erosion along the Hudson River, Esopus Creek, and Plattekill Creek within the Town of Saugerties, by allowing property owners to enjoy their property and access to the waterfront while protecting the environmental and scenic quality of the shoreline from degradation. To further this purpose, this section establishes criteria to be followed by applicants in the design of projects and to be followed by the Planning Board as part of the site plan approval process as set forth in Article VII, § 245-33. All development in the Waterfront Overlay District will be reviewed on a case-by-case basis via the site plan review process to ensure appropriate layout and design of all properties.
B.
Applicability and location.
(1)
The Waterfront Overlay District is superimposed over the basic zoning
districts as set forth on the Town of Saugerties Zoning Map (Map 1
of 2, and Map 2 of 2). The regulations presented in this section shall
only apply to those lands located within the boundaries of the Waterfront
Overlay District as overlaid on the Town of Saugerties Zoning Map.
In such overlay district, proposed land uses are subject to the requirements
set forth in this section in addition to those requirements and standards
ordinarily applicable to the underlying district. In case of conflict,
the more restrictive regulation requirements shall apply.
(2)
The following areas of the Town of Saugerties are hereby designated
as Waterfront Overlay Districts:
(a)
Properties or portions of properties located within 1,000 feet
of the Hudson River's mean-high-water mark: If any portion of the
property is located within the boundaries of this overlay district,
the entire property is subject to the regulations set forth in this
section (Hudson River only). Properties or portions of properties
abutting the Esopus Creek or Plattekill Creek extending 300 feet inland
from the Esopus Creek or Plattekill Creek mean-high-water mark.
(3)
All regulations set forth in this section shall apply to the Waterfront
Overlay District for the Hudson River, the Esopus Creek, and the Plattekill
Creek unless otherwise noted.
C.
Effect on Schedule of Uses. All uses in Waterfront Overlay Districts shall be subject to the site plan approval process, as set forth in Article VII, Planning Board; Site Plan Review; Special Use Permit. As such, the Schedule of Uses is modified in this respect for lands contained in the Waterfront Overlay Districts.
D.
Effect on Schedule of District Area and Bulk Regulations. All uses
in Waterfront Overlay Districts, except water-dependent uses, including
docks, boathouses and storage sheds for water-related uses, shall
have a minimum fifty-foot setback from the mean-high-water mark.
E.
Private docks, floats or wharves. A property owner of a single-family
residence, a vacant lot or a two-family residence whose property immediately
borders the waters of the Hudson River or the Esopus Creek within
the Town of Saugerties shall be allowed to construct a private dock,
float or wharf measuring up to 150 square feet and extending a maximum
of 30 feet into the Hudson River and measuring up to 120 square feet
and extending a maximum of 15 feet into the Esopus Creek from the
owner's mean-high-water mark for the mooring of boats.
F.
Esopus Creek. The portion of the Esopus Creek within the Town of
Saugerties is classified by the New York State Department of Environmental
Conservation as a Class B Protected Stream. The best usages of Class
B waters are primary and secondary contact recreation, including swimming
and fishing (6 NYCRR § 701.7). No person shall change, modify
or disturb any protected stream, its bed or banks, nor remove from
its bed or banks sand, gravel or other material, without a permit
issued by the State Department of Environmental Conservation pursuant
to 6 NYCRR Part 608.
G.
Plattekill Creek. The portion of the Plattekill Creek within the
Town of Saugerties has three separate classifications assigned to
it by the New York State Department of Environmental Conservation.
From its confluence with the Esopus Creek to Mount Marion Park, the
Plattekill Creek is classified as a Class B Protected Stream. The
best usages of Class B waters are primary and secondary contact recreation,
including swimming, and fishing (6 NYCRR § 701.7). From
Mount Marion Park to Blue Mountain, the Plattekill Creek is classified
as a Class B (ts) Protected Stream; "ts" designates a trout stream/spawning
area. From Blue Mountain to the Town of Hunter border, the Plattekill
Creek is classified as a Class A (ts) Protected Stream. The best usages
for Class A waters are: a source of water supply for drinking, culinary
or food processing purposes; primary and secondary contact recreation;
and fishing. The waters shall be suitable for fish propagation and
survival. This classification may be given to those waters that, if
subjected to approved treatment equal to coagulation, sedimentation,
filtration and disinfection, with additional treatment if necessary
to reduce naturally present impurities, meet or will meet New York
State Department of Health drinking water standards and are or will
be considered safe and satisfactory for drinking water purposes (6
NYCRR § 701.6). No person shall change, modify or disturb
any protected stream, its bed or banks, nor remove from its bed or
banks sand, gravel or other material, without a permit issued by the
State Department of Environmental Conservation pursuant to 6 NYCRR
Part 608.
H.
Waterfront Overlay District standards. In addition to the standards
set forth throughout this chapter, the following site plan review
standards shall apply throughout the Waterfront Overlay Districts:
(1)
General standards.
(a)
There shall be no clear-cutting of trees. In addition, measures
will be taken to protect and preserve as much mature vegetation as
possible on the site, including but not limited to trees of six inches
in diameter or more measured at four feet above grade.
(b)
There shall be no destruction, damage or detrimental modification
of or interference with natural, scenic, topographic or physical features
of the site.
(c)
Landscaping and setbacks shall protect and be compatible with
local and regional scenic quality, adjacent fish and wildlife habitats,
freshwater wetlands and coastal waters.
(d)
Structure height and bulk shall not disrupt natural topography
and are compatible with the site and the adjacent sites, and shall
not detract from the natural visual quality of the local area or region.
(e)
Any new on-site sewage disposal systems must comply with New
York State Department of Health standards.
(f)
Outdoor lighting shall be shielded to prevent glare hazard on
the waterfront and adjacent properties.
(g)
Existing trails shall be maintained whenever possible.
(2)
Shoreline vegetative buffer.
(a)
Shoreline buffer strips of no less than 15 feet in width from
the mean-high-water mark are required. Buffers shall consist of trees
and shrubs for purposes of preserving the natural and aesthetic quality
of the shoreline, protecting against shoreline erosion, providing
a filter strip for stormwater runoff, and providing wildlife habitat.
(b)
No more than 30% of vegetation within the buffer may be thinned
during any five-year period. Thinning may be done so as to provide
views of the water, but mature trees shall remain. Property owners
may "raise the tree canopy" by trimming lower branches or "top" trees
to slow growth in order to maintain their views of the Hudson River,
Esopus Creek or Plattekill Creek.
(c)
The property owner may remove mature trees if such trees are
diseased or damaged. Such trees shall be replaced with appropriate
species that will help protect water quality and prevent erosion.
(d)
In the event that the shoreline is already cleared, such as
former cropland, a vegetative buffer strip consisting of appropriate
vegetation that will help protect water quality and prevent erosion
shall be reestablished.
(e)
The general exception to the above standards shall be an allowance
for river or creek access and beaches. The creation of a contiguous
clear-cut opening in the buffer strip shall not exceed 20 linear feet.
The pathway created should be constructed or surfaced to be effective
in controlling erosion.
(3)
Properties on steep slopes. This section shall apply to steep slopes
(areas of greater than fifteen-percent grade) at or near the water's
edge that exceed 15 feet in elevation measured from the high-water
line or bottom of the cliff, whichever is higher, to the top of the
cliff. "At or near the water's edge" shall mean within 30 feet of
the mean-high-water mark.
(a)
Building setbacks from the shoreline as specified herein shall
be measured from the edge of the steep slope.
(b)
No construction shall take place within 50 feet of the top edge
of the steep slope. No land clearance or grading involving motorized
equipment shall take place within 30 feet of the top edge of the steep
slope.
(c)
No vegetation shall be removed from the steep slope.
(d)
Stairways or walkways constructed on the steep slope shall require
a special use permit by the Planning Board.
A.
Purpose.
(1)
The purpose of this section is to create a Gateway Overlay District to enhance the attractiveness of gateway areas in Saugerties for visitors and residents to carry out the intent of the Comprehensive Plan by protecting the views, natural topography and historic fabric along the highway. To further this purpose, these regulations establish a design context, see Subsection D below, to be followed by applicants in the design of projects and to be followed by the Planning Board as part of the site plan approval process, as set forth in Article VII. All nonresidential development in the Gateway Overlay District will be reviewed on a case-by-case basis via the site plan review process to ensure appropriate layout and design of nonresidential properties.
(2)
The Town and Village of Saugerties Comprehensive Plan, in Recommendation
1.4, states that the Town of Saugerties should "work on design for
the major gateways to the Town to create a distinct visual impression
with enhanced landscaping, directional signs and thematic signs to
define entrances and help maintain a sense of community identity."
(3)
Although the gateways identified below contain primarily commercial
uses, these areas often include or are adjacent to residential uses.
Due to this proximity, some of the gateway areas also serve as community
centers to the surrounding neighborhoods. It is the intent of this
chapter that commercial uses in these areas should be an asset, both
economically and visually to Saugerties and not negatively impact
neighbors and adjacent land uses. The Gateway Overlay District regulations
are intended to enhance the identified gateway areas making them more
visually pleasing for both travelers and residents.
B.
Applicability and location.
(1)
The Gateway Overlay District is superimposed over the basic zoning
districts as set forth on the Town of Saugerties Zoning Map (Map 1
of 2, and Map 2 of 2). The regulations presented in this section shall
only apply to those lands located within the boundaries of the Gateway
Overlay District as overlaid on the Town of Saugerties Zoning Map.
In such overlay district, proposed land uses are subject to the requirements
set forth in this section, in addition to those requirements and standards
ordinarily applicable to the underlying district. In case of conflict,
the more restrictive regulation requirements shall apply. The following
areas of the Town of Saugerties are hereby designated as Gateway Overlay
Districts:
(a)
Route 9W, 200 feet from road center line (entire length within
the Town borders).
(b)
Route 32, 200 feet from road center line (Town of Catskill border
to Village of Saugerties border).
(c)
Route 32A, 200 feet from road center line (Town of Catskill
border to intersection with Route 32).
(d)
Route 212, 200 feet from road center line (Town of Woodstock
border to Village of Saugerties border).
(2)
If any portion of a property is within the boundaries of the Gateway
Overlay District, the entire property is subject to the requirements
of this section. Only development activity that is visible from the
roadway is subject to these provisions. The Planning Board shall make
the final determination as to whether or not development activity
is visible from the roadway.
C.
Effect on schedule of uses. All nonresidential uses in Gateway Overlay Districts shall be subject to the site plan approval process, as set forth in Article VII. As such, the Schedule of Uses is modified in this respect for lands contained in the Gateway Overlay Districts.
D.
Gateway Overlay District standards. In addition to the standards
set forth throughout this chapter, the following site plan review
standards shall apply throughout the Gateway Overlay Districts:
(1)
Landscaping.
(a)
For all new development projects, the portion of the required
front yards located 10 feet from the edge of the right-of-way of the
fronting road shall be landscaped, preferably with regularly spaced
large shade trees no more than 25 feet to 30 feet on center and kept
free of storage materials, equipment, vehicles, all permanent or temporary
structures, signs, banners or displays of any kind. Private service
or marginal roads (except for access driveways) and parking of vehicles
shall not be permitted in these landscaped areas.
(b)
Landscape treatment shall consist of shrubs, ground cover, shade
trees and other landscape features. A list of suggestions for trees
and shrubs that are good in urban environments, such as high traffic
roads, is below. Please be aware that this is not an exhaustive list.
For more information about these and other trees and shrubs, contact
Ulster Cornell University Cooperative Extension at (845) 340-3990
or New York State Department of Environmental Conservation Urban Forester.
|
Large Shade Trees
| |
|---|---|
|
Aesculus X camea — Red horse chestnut
| |
|
Fraxinus pennsylvanica — Green ash
| |
|
Gleditsia triacanthos inermis — Thornless honeylocust
| |
|
Platanus acerifolia — 'Bloodgood' london planetree
| |
|
Pyrus calleryana — Aristocrat pear
| |
|
Quercus rubra — Red oak
| |
|
Acer saccharum — Sugar maple
| |
|
Ulmus japonica — Japanese elm
| |
|
Ulmus hollandica — Holland elm
|
|
Small Trees for Under Overhead Wires
| |
|---|---|
|
Acer campestre — Hedge maple
| |
|
Amelanchier canadensis — Serviceberry
| |
|
Malus species — Crabapple
| |
|
Syringa reticulata — Japanese tree lilac
| |
|
Shrubs
| |
|
Forsythia intermedia — Forsythia
| |
|
Ilex glabra — Compact inkberry
| |
|
Juniper species
| |
|
Ligustrum species — Privet hedge
| |
|
Potentilla fruticosa — Potentilla
| |
|
Spirea vanhouttei
| |
|
Syringa vulgaris — Lilac
| |
|
Taxus species — Yew
| |
|
Viburnum species
|
(c)
Landscape buffers shall be provided by the applicant between
abutting residential and commercial uses. Buffers may include planted
trees and shrubs, hedgerows, planted berms, or existing forestland.
The width of such buffer areas shall be a minimum of 20 feet. The
height of the buffer shall be reasonable and appropriate to visually
shield the abutting uses.
(d)
Building placement and lot layout shall be designed to relate
to and incorporate existing vegetation. Insofar as practical, existing
trees and other vegetation shall be conserved and integrated into
the landscape design plan.
(e)
All required landscaping shall be continuously maintained, and
any diseased and/or dead vegetation shall be replaced within a reasonable
period of time.
(2)
Signs: The requirements of this chapter shall apply.
(3)
Design standards for buildings. All proposed nonresidential uses
shall require the submission of architectural design drawings during
the site plan review process.
(a)
Trademark (or franchise) architecture that identifies a specific
company by building design features is discouraged. Certain features
may be retained if the Planning Board deems them to be appropriate
and such features do not diminish the community character.
[1]
Signs for franchise businesses must conform to the requirements
set forth in this chapter, including size, height and illumination.
[2]
Certain features that distinguish the franchise to its customers
may be retained only if such features do not dominate the overall
architectural character of the building and do not detract from community
character.
[3]
Franchise businesses may be required to modify building materials,
roof shape and paint shade, among other features.
(b)
Structures that are visible from a public road shall be consistent
in scale, massing, style, materials, texture and color with the small
town, historic character of Saugerties. Residential and historic farm
architecture shall be the model. Existing buildings with these characteristics
shall be retained as far as possible.
(c)
Utility structures and distribution centers, including vaults,
transformer pads and transmission poles and towers, shall be placed
underground or located along the rear of lots to minimize visual intrusion
on public space. Additionally, utility structures shall be screened
with foliage or landscaping as viewed from the traveled way. Such
foliage and/or landscaping shall be maintained and replaced as needed.
On all projects, the applicant/developer will work with the Town and
utility companies to coordinate services so as to maximize the appearance
of the area while servicing the needs of the future users.
(d)
Drive-up windows, where allowed, shall be placed at the rear
of the building to the maximum extent possible. Adjacent properties
shall be screened from any glare from vehicles or building lights
resulting from use of a drive-up window.
(4)
Parking. In addition to the off-street parking and loading standards in § 245-29, the following is required:
(a)
Any two or more nonresidential establishments shall, where applicable,
collectively join in providing required off-street parking spaces.
The Planning Board may also require an applicant to construct a site
layout that facilitates joint access to neighboring properties in
anticipation of future development. If it is proposed that such facility
shall be shared by other properties, a legal agreement ensuring that
the facility will be available to all proposed participants shall
be approved by the Town Attorney or Planning Board Attorney before
approval is granted for such joint facilities. Accessways or driveways
shall cross over and be level with any existing or proposed pedestrian/bicycle
facility and shall not cut through such facility.
(b)
Off-street parking shall be located at the rear or side of buildings,
where practicable, allowing buildings themselves to be as close to
the road as practicable. Parking lots located in the front or to the
side of a building, but not those located to the rear of a building,
unless fronting on a public way, shall be screened from public view
to the maximum extent possible with landscaping, buffering or screening.
This may be accomplished through the use of planted berms, wood or
masonry walls, trees and shrubbery, or any combination, to screen
parking lots from street or adjacent properties. The height of any
required screening may decrease where driveways approach sidewalks
or walkways and shall not interfere with clear sight requirements.
(c)
The Planning Board may require parking lots for 30 or more cars
to have interior landscaping, if it is determined that such landscaping
is necessary in order to enhance the attractiveness of the parking
area and lessen the visual impact on the surrounding areas.
(d)
All loading areas shall be screened from the remainder of the
development, roadways and adjoining parcels of land to the maximum
extent practicable. Screening shall be achieved through walls, fences
and landscaping and shall be visually impervious.
(5)
Lighting.
(a)
Outdoor lighting shall be designed, installed and maintained
in a manner that does not present a glare hazard to drivers or pedestrians.
All reasonable measures, such as altering pole height, changing bulb
type or using shielded fixtures, shall be taken to prevent the projection
of a nuisance glare onto neighboring properties. Lighting is best
when directed at the buildings or signs to be illuminated. Outdoor
light fixtures properly installed and thereafter maintained shall
be directed so that there will be no objectionable direct light emissions.
(b)
At the property line of the subject property, illumination from
light fixtures shall not exceed 0.1 footcandle on adjacent residential
property or 0.5 footcandle on adjacent business property, measured
in a vertical plane.
(c)
The Planning Board may, as it deems appropriate, require that
lighting be controlled by automatic timing devices to extinguish offending
sources during specified periods to mitigate glare consequences. The
Planning Board may also require that lighting, except for security
lighting, be extinguished between the hours of 12:00 midnight and
6:00 a.m., for businesses that are not operating during that time.
(6)
Miscellaneous.
(a)
All dumpster, compactor or refuse collection areas, pallet yards
or similar features shall be effectively screened by a fence around
the perimeter of the area with a gate or other types of screening.
(b)
The outdoor storage of salt, snow-melting chemicals, pesticides,
herbicides, water-soluble chemicals, heavy metals, radioactive substances
or volatile chemical compounds is prohibited. Storage of such materials
must be suitably covered or within a structure so as to prevent runoff
and damage to adjacent properties and groundwater.
(c)
Preservation of existing scenic vistas and views within the
gateway area shall be considered by the Planning Board and shall be
preserved to the greatest extent practicable.
(7)
Access management.
(a)
Intent. The purpose of these access management standards is
to provide safe and efficient travel along public streets in the Gateway
Overlay District. These standards are based on the goals and strategies
of the Saugerties Area Mobility Analysis (2007), which are to minimize
congestion on the highway system, maintain and improve the quality
of life and community, improve the economic well-being of the area,
and improve alternative travel modes.
(b)
Applicability. These standards shall apply to all uses in all
zoning districts within the Gateway Overlay District.
(c)
General requirements.
[1]
Access and circulation shown on subdivision and site plans developed
under these regulations shall also conform to the requirements of
other federal, state and local agencies responsible for transportation
system elements proposed for modification.
[2]
Parcels created after the effective date of these regulations
do not have the right of individual access to existing abutting public
streets. The number of planned access connections is to be the minimum
necessary to provide safe and reasonable access. This may be less
than the number of access connections which would be allowed based
solely on minimum property width requirements.
[3]
New public or private streets, shared driveways or cross access
may be necessary to meet the requirements of these regulations. If
access is to be provided by means other than direct access to a public
street, a permanent recorded easement which runs with the land shall
be executed. In addition, operating and maintenance agreements for
all such facilities shall be recorded with the deed.
[4]
Subdivision of a parcel with frontage on two or more streets
may be required to provide access from all lots which result from
the proposed subdivision to all such streets without traveling on
the existing street network. In most cases, even if a vehicle connection
is not provided, a pedestrian connection shall be provided.
[5]
Parcels with frontage on more than one street may be limited
to one access connection to the lowest class of street serving the
proposed development.
[6]
Unless otherwise specified, all distances shall be measured
from center line to center line along the edge of the street right-of-way.
Where street or intersection modifications are planned, all distances
shall be from the proposed center line along the edge of the proposed
right-of-way.
(d)
Driveway standards.
[1]
Spacing standards. Each driveway constructed within the Gateway
Overlay District shall comply with the following:
[a]
Driveways shall be located so as to meet or exceed
the driveway spacing standards shown in Table 1.
[b]
Driveway spacing standards shall apply to driveways
located on the same side of a road.
[c]
Driveway spacing is to be measured along the road
from the center line of the driveway to the center line of the next
driveway.
|
Table 1: Driveway Spacing Standards
| ||
|---|---|---|
|
Street Type
|
Recommended Driveway Separation
(feet)
| |
|
Major street
|
330
| |
|
Collector street
|
220
| |
|
Local street
|
80% of lot width
| |
|
Access or development street
|
80% of lot width
| |
[2]
Driveway location. Driveway location will be based on a site
plan which has been approved by the Town Planning Board in consultation
with the New York State Department of Transportation and/or the Town
Engineer/Town Highway Superintendent.
[3]
For the purpose of driveway locations, median openings shall
be treated as intersections and driveways to properties opposing a
median opening shall be located so as to meet or exceed the minimum
corner clearance standards, except where a median opening is specifically
constructed or reconstructed to provide vehicular access to such properties.
[4]
Driveways shall be located so as to meet or exceed the driveway
spacing and minimum corner clearance standards.
[5]
The Town Planning Board may allow the location of driveways
at less than the minimum driveway spacing standards and corner clearance
standards, if:
[a]
A dual-driveway system, cross-access driveway system
or shared driveway is proposed and this improves the safe and efficient
movement of traffic between the lot and the road;
[b]
A driveway or driveways could be located so as
to meet the minimum driveway spacing standards and corner clearance
standards but the characteristics of the lot or the physical or operational
characteristics of the road are such that a change of location will
improve the safe and efficient movement of traffic between the lot
and the road; or
[c]
Conformance with the driveway spacing standards
or corner clearance standards imposes undue hardship on the lot owner.
[6]
Driveway design.
[a]
Driveways shall be designed so as to provide for
the safe and efficient movement of traffic between the public road
and the lot and to eliminate the potential for the queuing of vehicles
along the public road due to congestion in or at the driveway.
[b]
Vehicle circulation systems on the lot shall be
designed so as to provide for the safe and efficient movement of traffic
between the driveway and the parking area.
[c]
Driveway width, radii, flare, throat length, internal
circulation systems, and other design elements for driveways to developments
generating more than 150 peak-hour trips shall be based upon traffic,
engineering and design data provided by a traffic/consultant who is
recognized and accepted by the Town Planning Board. In the event that
a traffic engineer/consultant is not provided, the Town shall have
the right to retain such traffic engineer/consultant at the cost of
the applicant.
[7]
Driveway movements.
[8]
For properties unable to meet the minimum driveway spacing standards
or corner clearance standards, a temporary driveway may be granted.
The granting of a temporary driveway will be conditioned on obtaining
a shared driveway, cross-access driveway, or unified parking and circulation
with an abutting lot, and closure of the temporary driveway in the
future.
[9]
Corner clearance. The following standards shall guide approval
of driveway access on corner parcels:
[a]
Generally, no driveways shall be allowed within
the functional area of the intersection. If parcel boundaries or topography
preclude location outside the functional area of the intersection,
access may be limited to right turns in and/or right turns out and/or
left turns in. As determined by the Municipal Engineer, the driveway
shall generally be located as far from the intersection as possible
and in the safest possible location.
[b]
Development on corner parcels should be linked
by cross access to abutting properties of the same type (i.e., residential
or nonresidential).
[c]
Driveways for corner parcels with frontage along
a major or a collector street shall be located no closer than 220
feet from the intersection.
[d]
If no alternative reasonable access exists, partial
(right-in/right-out) access that does not create safety or operation
problems may be allowed if located a minimum of 110 feet from the
nearest edge of existing or proposed pavement. Driveways for corner
parcels with frontage solely along local streets or access or development
streets shall be located no closer than 60% of the minimum lot width.
[e]
Corner clearance is to be measured along the street
right-of-way from the center line of the driveway pavement to the
closest edge of the existing or proposed street pavement.
[f]
For properties unable to meet the minimum corner
clearance requirements, driveways shall be located as far as practicable
from the intersection. In such cases, driveway movements may be restricted
and only one driveway will be permitted along the road frontage not
meeting the minimum corner clearance requirement.
(e)
Street and signal spacing. Intersection spacing standards shall
be applied, as development occurs, to preserve desirable location
and alignment of streets to serve future growth and provide an efficient
overall transportation system.
[1]
The following presents recommended cross street and signal spacing
standards.
|
Recommended Street, Intersection and Signal Spacing
| ||||
|---|---|---|---|---|
|
Intersection Spacing
(feet)
| ||||
|
Maximum
|
Minimum
| |||
|
Street Type
|
Through-Street Intersection
|
Signalized Intersection
|
Unsignalized Intersection
| |
|
Major
|
5,280
|
2,640
|
1,320
| |
|
Collector
|
2,640
|
1,320
|
880
| |
|
Local
|
1,320
|
NA
|
440
| |
|
Access or development
|
880
|
NA
|
440
| |
[2]
On the advice of the Municipal Engineer, the Planning Board
may raise or lower the required intersection spacing standards based
on posted or operational speeds in the vicinity of the proposed site,
the type and character of the development proposed to be served, and
the impact of projected traffic generation on the area street network.
(f)
Changes in access.
[1]
The Town Planning Board may establish provisions for and require
future alteration of the lot layout, the location and design of driveways,
parking, and other access features based on phased development, additional
development or a change in use of a lot, or development of or a change
in use at an abutting lot.
[2]
On completion of a side, access or service road abutting a lot
with a driveway connection to a public road, the Town Planning Board
may require a driveway or driveways to the side, access or service
road and closure of the driveway connection to the public road.
[3]
For any change of use of a lot which requires a Town permit
or approval and increases peak-hour trips, the Town Planning Board
may:
[a]
Require the closure or relocation or consolidation
of driveways so as to meet the minimum driveway spacing standard for
the new level of peak-hour trips;
[b]
Require shared driveways and cross-access driveways
with abutting lots; or
[c]
Require alteration of the lot layout and parking
to allow for the circulation of traffic between abutting properties.
(g)
Medians.
[1]
The type, location and length of medians on state roads will
be determined by the New York State Department of Transportation.
This determination will be made in consultation with the Town Planning
Board and will be based on existing and projected traffic conditions,
the type, size, and extent of development and traffic generated by
developments, traffic control needs and other factors.
(h)
Required mitigation of traffic impacts.
[1]
Any proposed residential subdivision or nonresidential development
projected to generate more than 150 trips during any weekday or weekend
peak hour may be required to mitigate the traffic impacts of such
new development. Required mitigation shall be recommended by a qualified
traffic engineer based on the assumptions and analyses included in
a comprehensive traffic study completed in accordance with the procedures
of the State Environmental Quality Review Act.
[2]
Required mitigation may include but shall not be limited to
the installation of signals, turning lanes, or medians, the use of
shared driveways, cross access, or the construction of access or development
streets, and/or other traffic-demand management strategies.
[3]
Phased mitigation may be allowed where phased development is
proposed.
[Amended 7-13-2022 by L.L. No. 3-2022]
The following standards shall apply to all sites and buildings
in the OLI District and I District occupied by uses included on the
Schedule of District Use Regulations[1] except those under residential and open space uses and
accessory uses.
A.
The storage and processing of goods or materials shall take place
within fully enclosed buildings unless authorized by the Planning
Board after determining that materials are securely stored on site
without potential detriment to the environment and is screened from
view of public rights of way and adjacent residential uses.
B.
At least 20% of the gross site area shall be pervious, which shall
be deemed to include natural vegetation, landscaping, lawn or pervious
pavement. The use of pervious pavement is encouraged for parking lots,
driveways and walkways where environmentally safe to do so. The applicant
shall provide construction details for the proposed pervious materials
and shall demonstrate that the materials can sustain the wear and
tear associated with the applicable use and shall be maintained in
proper working condition for the life of the use.
C.
An increased setback of at least 100 feet shall be established between
a proposed building or structure in the OLI or I Districts and any
adjacent LDR, MDR or HDR Residential District boundary line. A greater
setback may be imposed by the Planning Board upon a finding that the
height, location or operation of a proposed building or structure
located in the OLI or I District may negatively impact the use and
enjoyment of residential properties within an adjacent LDR, MDR or
HDR Zoning District by casting a shadow or otherwise negatively impacting
residentially zoned properties. The Planning Board may require that
a visual impact and/or shadow analysis be provided. The site plan
shall comply with the following:
(1)
Within the required buffer, a landscaped area abutting the residential
district shall be provided and kept free of roadways, pavement and
structures and parking or storage of any materials or goods.
(2)
The above setback requirements shall not apply when the boundary
between an OLI District or I District and a residence district follows
the right-of-way of the New York State Thruway or active rail right-of-way.
D.
An increased setback of at least 75 feet shall be established between
a proposed building or structure in the OLI or I District and the
property line of any existing residential structure located within
the OLI and I District. A greater setback may be established by the
Planning Board to ensure that the height and location of the proposed
building or structure does not cast a shadow or otherwise negatively
impact existing residential properties. Within the required buffer,
a landscaped area or privacy fence shall be provided and kept free
of roadways, pavement, structures, parking or storage of any materials
or goods.
E.
The Planning Board shall seek to minimize the impacts of noise, odor
and light on adjoining properties to the maximum extent practicable.
The Board, in its discretion, may require the submission of studies
as part of their deliberations. Lighting shall adhere to International
Dark Sky guidance and shall not be more than 0.1 footcandle at a nonresidential
property boundary or 0.5 footcandles at a residential property boundary.
F.
Site plan approval as set forth in § 245-33 shall be required for:
(1)
All new structures;
(2)
Additions to existing structures where the addition contains a floor
area of more than 500 square feet or more than 10% of the existing
floor area, whichever is greater;
(3)
Any change in the land use category of the principal use of; and
(4)
Any change in parking layout or access location.
G.
Certain large buildings and structures which existed within the designated
Office/Light Industrial (OLI) District and Industrial (I) District
prior to the enactment of the 1989 Zoning Law were specifically designed
and used for various manufacturing and industrial purposes. Continued
use of such building and structures for their original purpose will
only maintain the status quo and not present any change in the existing
character of the surrounding area. Therefore, notwithstanding any
other provision of this chapter, the Zoning Board of Appeals is authorized
to permit any building or structure in the OLI and I Districts with
a gross floor area of more than 50,000 square feet which was legally
in existence and being used for industrial purposes on November 13,
1989, (the effective date of the original Zoning Law of the Town of
Saugerties) to be used for any use permitted in the Industrial (I)
District which is not already permitted in the OLI District. Prior
to authorizing such use, the Zoning Board of Appeals shall make a
finding that the nature of the industrial process and the goods produced
will be conducted in a manner which will have no greater effect beyond
the principal building in terms of traffic, noise, odor, fumes, smoke
or other emissions, vibration, solid waste, sewage, or water usage
or any other environmental impact, than other uses permitted in the
OLI and I Districts.
[1]
Editor's Note: The Schedule of District Use Regulations is included at the end of this chapter.
Off-street parking and loading spaces shall be provided at the
time a new use is established through construction of a new building
or alteration or conversion of an existing building, in accord with
the following standards and regulations.
A.
Off-street parking.
(1)
Required parking spaces. Off-street parking spaces shall be provided
as follows, except where specifically waived in this section.
|
Type of Use
|
Minimum No. of Parking Spaces
| ||
|---|---|---|---|
|
Residential and Related Uses
| |||
|
One-family residences
|
2 spaces for each detached dwelling unit
| ||
|
Row houses, two-family and multifamily residences
|
1 1/2 spaces for each dwelling unit
| ||
|
Religious facilities
|
1 space for every 8 seats
| ||
|
Places of public assembly, clubs and fraternal organizations,
and recreation facilities
|
1 space for every 4 seats in the largest hall or meeting area
or for every 4 members, whichever is greater.
| ||
|
Cultural facilities
|
1 space for every 500 square feet of gross floor area
| ||
|
Hospital
|
1 space for every 2 beds
| ||
|
Convalescent home
|
1 space for every 4 beds
| ||
|
Tourist home
|
1 space for every 2 beds
| ||
|
Home occupation
|
1 space plus 1 additional space for any nonresident employee
in addition to those spaces required for the residential use
| ||
|
Day-care center or nursery school
|
1 space per staff member plus 1 space per classroom
| ||
|
Commercial and Related Uses
| |||
|
Banks
|
3 spaces for each teller or service window
| ||
|
Retail stores or service establishments
|
1 space for each 200 square feet of gross floor area
| ||
|
Professional or business offices
|
1 space for each 250 square feet of gross floor area
| ||
|
Medical and dental offices
|
4 spaces per doctor or dentist plus 1 for each additional employee
| ||
|
Restaurants and bars
|
1 space for every 3 seats or 100 square feet of gross floor
and bar area, whichever is greater
| ||
|
Theaters and similar places of public assembly or recreation
activity
|
1 space for every 4 seats or participants or 100 square feet
of gross floor area, whichever is greater
| ||
|
Undertakers
|
1 space for each 3 seats provided under maximum occupancy
| ||
|
Hotel and motel
|
1 space per guest room plus 1 space for every 3 employees
| ||
|
Heavy Commercial and Industrial Uses
| |||
|
Wholesale, storage and warehousing
|
1 space for every 2,500 square feet of gross floor area
| ||
|
Light assembly, general industrial and similar uses
|
1 space for each 400 square feet of gross floor area
| ||
|
Automotive sales and repair
|
1 space for each 200 square feet of sales area and 1 space for
each 500 square feet of service area
| ||
|
Other industrial or heavy commercial uses
|
1 space for each 500 square feet of gross floor area
| ||
(a)
Uses not listed above. Reasonable and appropriate off-street
parking requirements for uses which do not fall within the categories
listed above shall be determined by the Planning Board upon consideration
of all factors relating to the parking needs of each use.
(b)
No use shall be allowed parking facilities that accommodate
more than 20% over the amount specified in this section unless expressly
allowed by the Planning Board as part of an application for site plan
review. Any parking that exceeds the amount specified in this section
shall be provided using pervious materials that allow stormwater to
infiltrate the ground.
(2)
Waiver of parking requirements. Off-street parking requirements may
be waived in part in the following cases:
(a)
Housing for the elderly. Where housing is designed specifically
for and occupied by persons 62 years of age or older, required off-street
parking may be reduced to one space for every two dwelling units.
(b)
Joint use of spaces. In the case of two or more uses located
on the same lot, the sum of the space required for all uses individually
may be reduced to an amount no less than 125% of the largest number
of spaces required by any single use, upon a determination by the
Planning Board that such a reduced amount of parking space will be
adequate to serve all uses on the lot due to their different character
and hours of operation.
(c)
Preexisting uses. Structures and uses in existence as of the effective date of this chapter shall not be subject to the parking requirements herein. However, if the parking spaces serving such structure or use are less than would be required by this chapter, they shall not be reduced and, if the structure or use is expanded, additional parking spaces in the appropriate amount required in Subsection A above shall be provided to serve such expanded area.
(3)
Dimensions of parking spaces.
(4)
Location of parking spaces.
(a)
All required parking spaces shall be located on the same lot
as the use they are intended to serve, unless otherwise approved by
the Planning Board.
(b)
In any residential district, no open or enclosed parking area
shall encroach on any required front yard. Parking areas may extend
into a required side or rear yard to within 10 feet of a side or rear
lot line.
(c)
In business and industrial districts, open parking areas shall
not extend within 10 feet of a street or right-of-way line or within
15 feet of a property line in a residential district.
(d)
Entrance or exit drives from parking areas shall not exceed
30 feet in width and shall not be permitted within 30 feet of the
intersection of two public rights-of-way.
(e)
Curb cuts shall be minimized to encourage safe and convenient
traffic circulation. The Planning Board may require the interconnection
of parking areas, now or in the future, via access drives, service
roads or pedestrian accessways within and between adjacent lots. The
Board shall require written assurance and/or deed restrictions, satisfactory
to the Town Attorney, binding the owner and his heirs and assignees
to permit and maintain such internal access and circulation.
(f)
Entrance and exit drives shall be designed so that sidewalks
maintain a continuous grade as they cross driveways. The construction
of facilities such as walkways and pedestrian crossings shall be in
compliance with Americans With Disabilities Act standards for accessible
design.
(5)
Screening and landscaping of parking areas.
(a)
Parking areas of five or more cars which are adjacent to or
across the street from properties in a residential district shall
be screened from the view of such properties by a combination of walls,
fences, or hedges.
(b)
All areas in a parking lot not required for parking space or
access drives shall be suitably landscaped and maintained and include
the use of shade trees. A landscaping plan for parking areas shall
be submitted for those uses requiring site plan review by the Planning
Board.
(c)
Any parking facility for more than 20 cars shall provide landscaped
areas within the parking lot equal to at least 20% of the gross parking
lot area. This landscape area requirement shall be provided by landscaped
end islands and landscaped center islands within the parking area.
Landscaped end islands shall be a minimum of 15 feet in width and
landscaped center islands shall be a minimum of 18 feet in width.
The number and type of plantings within the landscaped islands shall
be determined by the Planning Board.
(6)
Pervious or porous materials. Where feasible, the use of pervious
or porous materials in the construction of parking facilities is highly
encouraged, such as grass, crushed stone, porous asphalt and concrete
mixtures and blocks or brick laid in sand. The porous or pervious
surfaces can cover the entire lot or certain areas, such as parking
stalls. Porous surfaces should be designed to encourage the direct
infiltration and cleansing of stormwater, thus reducing the adverse
environmental impacts of large impervious parking areas.
(7)
General provisions. Off-street parking areas shall not be used for
any purpose other than the parking of vehicles for customer, resident
or employee use. There shall be no storage, servicing or dismantling
of automobiles or other vehicles, and no part of any parking lot shall
be used for the sale, storage or abandonment of any articles or goods.
B.
Off-street loading.
(1)
Required loading facilities. Off-street loading facilities shall
be provided as follows:
|
Use
|
Minimum No. of Loading Berths
| |
|---|---|---|
|
Undertaker
|
1 berth for each chapel
| |
|
Hotels and motels
|
1 berth for each 25,000 square feet of gross floor area in excess
of 10,000 square feet
| |
|
Retail stores, service establishments, restaurants and other
nonresidential uses not listed elsewhere
|
1 berth for the area between 5,000 to 15,000 square feet and
1 berth for each additional 25,000 square feet of gross floor area.
| |
|
Wholesale establishments
|
1 berth for each 10,000 square feet of gross area.
| |
|
Industrial and manufacturing uses
|
1 berth for the area between 5,000 to 10,000 square feet and
1 berth for each additional 25,000 square feet of gross floor area
|
(2)
Location and dimensions of loading berths. A full berth shall be
provided where the floor area exceeds 50% of the area requiring a
berth.
(a)
All off-street loading berths shall be located on the same lot
as the use for which they are required.
(b)
Open off-street loading areas shall not encroach on any required
front or side yard, off-street parking area or accessway.
(c)
No loading berth shall be located within 50 feet of a property
line in a residential district or within 10 feet of any other property
line.
(d)
Each loading berth shall be at least 35 feet long, 12 feet wide
and 14 feet high, (except that berths for undertakers may be 20 feet
long, 10 feet wide and nine feet high).
C.
Electric
vehicle charging stations. Electric vehicle charging stations shall
be installed in all new multifamily unit dwellings with 10 or more
parking spaces and shall provide electric vehicle charging stations
at a ratio of 10% of the total parking spaces and not less than two
parking spaces per qualifying parking area.
[Added 5-19-2021 by L.L. No. 2-2021]
Affordable housing shall be provided in the following manner:
A.
Upon agreement by a developer to dedicate up to 20% of the units
in a proposed development as affordable housing (as defined below),
the developer may request a density bonus up to the proportion of
affordable units proposed, provided that all other bulk provisions
of this chapter can be satisfied. In other words, if 15% of the units
are proposed as affordable, a bonus of 15% additional units may be
requested.
[Amended 9-11-2014 by L.L. No. 3-2014]
B.
Each affordable unit created in accordance with Subsection A above shall have limitations governing its sale, resale or rental. The purpose of these limitations is to preserve the long term affordability of the unit and to ensure its continued availability of the unit and to ensure its continued availability for income-qualifying households. These controls shall be established through a restriction on the property, as follows: This dwelling has been constructed for use by the moderate-income families pursuant to a special affordable housing program established under the Saugerties Town Code. All future sales, resale or rental of this dwelling in perpetuity must be to a person who is determined to be eligible under affordable housing guidelines and at a price determined in accordance with § 245-30 of the Code of the Town of Saugerties, Subsection C or D.
[Amended 9-11-2014 by L.L. No. 3-2014]
C.
Maximum sale price. The maximum sale price for an affordable unit
shall be based on the annual cost of ownership which shall not exceed
100% of the current Kingston, New York, metropolitan service area
(Kingston, New York MSA) median family income, adjusted for family
size (per annual report produced by HUD), multiplied by 30%. The annual
cost of ownership includes the sum of the principal, interest, taxes,
insurance (PITI) and common charges, if applicable. For example, assuming
that the adjusted median family income for a family of four is $63,500,
the calculation would be as follows:
|
Step 1: $63,500 X 100% = $63,500
| |
|
Step 2: $63,500 X 30% = $19,050 or $1,588/month
|
D.
Maximum yearly rent. The maximum yearly rent, excluding utilities,
for a particular household shall not exceed the result of the following
calculation: 75% of the adjusted median family income multiplied by
25%. For example, assuming that the adjusted median family income
for a family of four is $63,500, the calculation would be as follows:
|
Step 1: $63,500 X 75% = $47,625
| |
|
Step 2: $47,625 X 25% = $11,906.25 or $992/month
|
E.
Affordable housing units created in accordance with this section
shall be incorporated into the project in the following manner:
(1)
Affordable units shall be evenly distributed throughout the project.
In no event shall affordable units be located in only one portion
of the project.
(2)
Affordable units shall be integrated with the rest of the development
and shall be compatible in design, appearance, construction, and quality
of materials with market-rate units.
(3)
Where feasible, affordable housing units shall be provided coincident
to the development of market-rate units, but in no event shall the
development of affordable units be delayed beyond the following schedule:[1]
|
Market-Rate Units Constructed
(%)
|
Affordable Housing Units Constructed
(%)
|
|---|---|
|
Up to 30%
|
None required
|
|
30% plus 1 unit
|
At least 10%
|
|
Up to 50%
|
At least 30%
|
|
Up to 75%
|
At least 50%
|
|
75% plus 1 unit
|
At least 70%
|
|
Up to 90%
|
100%
|
[1]
Editor’s Note: Former Subsection E(4), regarding monitoring
of affordable dwelling units, which immediately followed this subsection,
was repealed 9-11-2014 by L.L. No. 3-2014.
All existing or proposed automobile junkyards shall be regulated
according to New York State General Municipal Law § 136
and any other federal, state, county or local laws that may apply
thereto.
