Article V Supplementary Use Regulations

Any application for a special use permit, site plan approval, use variance, or subdivision approval that would occur on property within an agricultural district containing an agricultural operation or on property with boundaries within 500 feet of an agricultural operation located in an agricultural district shall include an agricultural data statement. The agricultural data statement shall be reviewed to determine the possible impacts of a proposed action upon the functioning of agricultural operations within such agricultural district. A copy of the agricultural data statement shall be sent to the Dutchess County Farmland Protection Board or other similarly designated agency for review and comment.

Written notice of an application for which an agricultural data statement has been submitted shall be mailed to the owners of land as identified by the applicant in the agricultural data statement. Such notice shall include a description of the proposed project and its location and may be sent in conjunction with any other notice required by state or local law, ordinance, rule or regulation for the project. The cost of mailing the notice shall be borne by the applicant. The agricultural data statement shall include the following information: the name and address of the applicant; a description of the proposed project and its location; the name and address of any owner of land within the agricultural district, which land contains agricultural operations and is located within 500 feet of the boundary of the property upon which the project is proposed; and a Tax Map or other map showing the site of the proposed project relative to the location of agricultural operations identified in the agricultural data statement.

Required disclosure. The following disclosure statement shall be included on any site or subdivision plan involving real property located partially or wholly within an agricultural district established pursuant to the provisions of Article 25-AA of the New York State Agriculture and Markets Law:

"It is the policy of New York State and the Town of Pine Plains to conserve, protect and encourage the development and improvement of agricultural land for the production of food, and other products, and also for its natural and ecological value. This disclosure notice is to inform prospective owners or occupants of this property that it lies partially or wholly within an agricultural district and that agricultural activities occur within the district. Such activities may include, but not be limited to, activities that cause noise, dust and odors."

Agricultural operation exceptions. The following shall apply to any agricultural operation situated on a property located within an agricultural district as defined in Article 25-AA of the New York State Agriculture and Markets Law:

Agricultural buildings and structures, including but not limited to barns, silos, grain bins, and fences, as well as equipment related to such structures, shall not be subject to the height limitations of this Zoning Law.

Agricultural buildings and structures shall not be subject to the maximum lot coverage requirements of this Zoning Law.

Site plan approval is not required for the installation of buildings or uses strictly associated with the growing of crops or raising of animals or storage of farm machinery. Multiple-residence dwellings for farm worker housing, and buildings constructed for use by or open to the public or guests visiting the property, such as tasting rooms, distilleries, wineries, farm markets, and similar buildings and uses, shall be subject to site plan approval. The ZEO shall determine whether a proposed use or building requires site plan approval before issuing a building permit.

[Amended 5-21-2015 by L.L. No. 2-2015]

Farm worker housing. Farm worker housing is a permitted use.

In order to further protect and promote agriculture, agricultural operations in existence on the effective date of this Zoning Law that are located within an agricultural district created pursuant to Article 25-AA of the NYS Agriculture and Markets Law shall be deemed a permitted use within any zoning district in which said use is located, and this subsection shall supersede the Schedule of Use Regulations contained in § 275-10. The agricultural operation shall otherwise comply with the Zoning Law and the provisions of this § 275-20.

[Added 5-21-2015 by L.L. No. 3-2015]

Agricultural buffers. The Planning Board may require that a buffer be established on any property located in the AG-O District or otherwise adjoining a parcel in active agricultural use as a condition of site plan, special use permit, or subdivision plan review. The buffer shall be located along any shared property line with the agricultural parcel to reduce exposure of nonagricultural uses to odors, noise, and other effects associated with any agricultural operation and to minimize complaints related to same. The buffer shall consist of vegetative screening, existing woodland, vegetated berms, or natural topographic features and shall be a minimum of 50 feet, but may be increased if deemed necessary to achieve the objectives set forth herein. The Planning Board may waive the requirements of this subsection where it determines that a buffer is not warranted based on the layout of the proposed development or use and its relationship to any activities on the adjoining agricultural parcel.

Applications involving properties in a New York State agricultural district.

Where an application for site plan, subdivision or special use permit approval has been submitted to the Planning Board involving property located within or adjoining an agricultural district established pursuant to the provisions of Article 25-AA of the New York State Agriculture and Markets Law, the Planning Board shall consider the following criteria in its decision making in addition to any other standards set forth in this Zoning Law:

The types of agricultural activities occurring on and adjacent to the proposed use, and compatibility of the proposed use with same.

The agricultural productivity of the land or soils proposed to be disturbed for nonagricultural uses and alternatives to said disturbance. The proposal shall preserve prime farmland soils and soils of statewide importance to the maximum extent practicable.

The availability of soils for septic systems, exclusive of prime farmland soils and soils of statewide importance. The siting of septic systems shall avoid these soils to the maximum extent.

The impact of any proposed drainage facilities on an agricultural operation.

The potential to introduce or increase farm trespass, the effect of proposed traffic on the transport of farm machinery, and the need to maintain or create access easements to and between properties in agricultural use.

The proposed disposition of any agricultural land that may be preserved as open space, i.e., will it be made available to agricultural operators on a fee-simple or lease-back basis.

Any other effects of the proposed project on agricultural operations, as well as any measures designed to reduce the adverse effects or to provide additional benefits.

§ 275-21 Standards for certain permitted uses requiring site plan approval.

An applicant shall endeavor to situate dwellings, uses, and new construction on land that is the least suitable for agricultural uses to the maximum extent practicable. The Planning Board may establish conditions as part of its approval to ensure that this objective is met.

Applicability. The standards set forth herein apply to certain permitted uses set forth in Table A, Schedule of Use Regulations.[1]

Editor's Note: Table A, Schedule of Use Regulations, is included as an attachment to this chapter.

Manufactured home (single or double-wide).

No manufactured home, single or double-wide, shall be placed on a property without site plan approval of the Planning Board.

Replacement of existing manufactured home. An existing single-wide mobile or manufactured home can be replaced, provided that the home is manufactured in accordance with current U.S. Housing and Urban Development standards and subject to site plan approval. Replacement of a manufactured home located on a conforming or nonconforming lot will be required to meet the standards set forth in Subsection B(3) below in addition to any variances that may be required to allow replacement on a nonconforming lot. Replacement of an existing manufactured home shall not be subject to § 275-16.

A manufactured home must meet the following standards:

A manufactured home shall be mounted on a permanent concrete reinforced slab base or footing. Each home site must be suitably graded to provide adequate drainage. The perimeter of the home shall be enclosed with solid skirting with adequate ventilation.

The exterior of a manufactured home shall be finished with a natural wood exterior or other natural or artificial material that, because of its color and texture, has the appearance of clapboard, wood shingle or other traditional siding.

A manufactured home shall comply with applicable federal requirements and the New York State Uniform Fire Prevention and Building Code.

A manufactured home shall have a minimum size of 720 square feet and a minimum width of 14 feet at the time it is installed.

[Amended 5-21-2015 by L.L. No. 2-2015]

A lot shall meet the minimum requirements of the zoning district in which it is situated as set forth in Table B, Schedule of Bulk Regulations.[2] No more than one manufactured home dwelling per lot is permitted.

Editor's Note: Table B, Schedule of Bulk Regulations, is included as an attachment to this chapter.

A suitable driveway shall be provided and constructed in conformity with existing Town regulations.

All water and sewage requirements of the Dutchess County Department of Health shall be met.

(h)

No evidence of a trailer hitch or wheels shall be visible after installation of the manufactured home.

(i)

The pitch of the main roof shall not be less than one foot of rise for each four feet of horizontal run. Any roofing material may be used that is generally acceptable for site-built housing if such material is applied in such a manner as to be similar in appearance to site-built housing.

[Added 5-21-2015 by L.L. No. 2-2015[3]]

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

Travel trailer, camp trailers, tent trailers, chassis-mounted trailers, by any name known or devised, shall not be used as a manufactured home or converted to a permanent or seasonal residence, or occupied on any lot for more than 60 days during one calendar year.

Two-family dwelling conversions.

The Planning Board shall ensure that adequate off-street parking may be accommodated on the lot for the two-family dwelling.

Conversion of a single-family detached dwelling to a two-family dwelling shall require Dutchess County Health Department review and approval of the water supply and wastewater disposal systems serving the two-family dwelling.

§ 275-22 Incentive zoning.

Purpose. Pursuant to § 261-b of the New York State Town Law, the Town of Pine Plains hereby establishes a system of zoning incentives to advance the Town's specific physical, cultural, and social policies set forth in the Town's adopted Comprehensive Plan. The Town Board hereby establishes the following procedures for the proper application of incentive zoning.

Community benefits and incentives. An applicant that has submitted a subdivision, special use permit or site plan application for residential development may apply for incentives to achieve community benefits or amenities as listed herein. The community benefits and amenities are not listed in any particular order of importance or priority.

Open space/agricultural land preservation. For properties located in the H-MS, H-CR, H-R, H-PC, H-B and R Districts, a residential density bonus may be granted for the preservation of open space that exceeds 50% of the lot area on which the development is situated. For every 1% of land set aside as open space, a 1/2% residential density bonus may be approved, provided no less than a minimum of 10% of the tract which exceeds the minimum open space requirement of 50% shall be set aside as open space to apply for this incentive. The residential density bonus granted for the protection of open space/agricultural land preservation shall not exceed 15%.

Senior citizen housing. For properties located in the H-MS, H-CR, H-R, H-PC, H-B, and R Districts, a residential density bonus may be granted for the provision of senior housing. Said residential density bonus shall equal 30% of the senior citizen housing units being created. The density bonus may be applied to the construction of senior or non-senior dwelling units.

Cultural, archaeological, historic facilities or other unique features deeded to the Town of Pine Plains or a qualified not-for-profit agency. For properties located in the H-MS, H-CR, H-R, H-PC, H-B, and R Districts, a residential density bonus not to exceed 15% may be approved.

Public access and recreation. For properties located in the H-MS, H-CR, H-R, H-PC, H-B, and R Districts, a residential density bonus may be approved for the creation of public recreational lands or trails, public access to streams, railroad rights-of-way, or open space land, or for the provision of public fishing/hunting rights. A residential density bonus not to exceed 30% may be approved.

The total number of incentive dwelling units granted under this § 275-22 shall not exceed 30% of the dwelling units determined by the Planning Board.

[Amended 9-16-2021 by L.L. No. 1-2021]

As a condition of approval, the Town Board may require that the bonus units be commingled with non-bonus units, contain the same number of bedrooms as the non-bonus units, and be compatible with the design of non-bonus units in terms of appearance, materials, and finish quality.

Community benefits may be accomplished by:

Use of agricultural or other permanent conservation easements.

Donations of land in fee simple for conservation and other community benefit purposes.

Construction of amenities, serving a Town-wide need, accessible to the general public, above and beyond that required to mitigate proposed impacts in accordance with SEQRA and the Town law.

Construction or improvement to public works above and beyond that required to mitigate proposed impacts in accordance with SEQRA and the Town law.

A fee in lieu of providing the community benefit [see Subsection C(10)].

Nonresidential development applications are ineligible for incentive zoning. Properties within the WP Zoning District are ineligible for incentive zoning.

The amenities or community benefits shall be in addition to and not in lieu of any other improvements or amenities otherwise required pursuant to any other provisions of this Zoning Law, the subdivision regulations and/or any other land use regulations of the Town, the provisions of the New York State Environmental Quality Review Act (SEQRA) and the regulations thereunder and the provision of other applicable New York State laws, including, without limitation, Article 16 of the Town Law, all as any of these provisions now exist or as they may be amended from time to time. Incentives shall be granted only when the community benefits or amenities offered would not otherwise be required or likely to result from the applicable regulatory permitting/approval process before the Planning Board and/or Town Board and/or any other federal, state or local regulatory agencies. Additionally, incentive zoning shall not be a substitute, in whole or in part, for any other conditions or requirements of a conservation subdivision as regulated by this Zoning Law. Notwithstanding, incentive zoning may apply in addition to any such conservation subdivision conditions or requirements.

(10)

The community benefit may be located on the site of the property to which the incentive would be applied.

Procedures and criteria for approval of incentives.

Submission of application. Applications for incentive zoning shall be submitted simultaneously to the Town Board and to the Planning Board. An applicant is encouraged to present its plans to the Town Board as early in the application process as possible. The Town Board may schedule an informal workshop to discuss the incentive zoning application and share information between the applicant, the Planning Board, the Town Board and the public.

Narrative statement. A narrative statement shall be submitted with the following information:

A description of the incentive being requested.

A description of the community amenity or benefit being offered to the Town.

A current estimate of the market value of the proposed benefit.

A preliminary indication that there is adequate wastewater treatment, water supply, transportation facilities, waste disposal, and emergency service protection facilities in the zoning district in which the proposal is located to handle the additional demands the incentive and amenity, if it is an on-site amenity, may place on these facilities beyond the demand that would be placed on them if the district were developed to its fullest potential.

An explanation as to how the amenity helps implement the physical, social or cultural policies of the Town of Pine Plains Comprehensive Plan.

Authorization of incentive zoning to a specific property is subject to approval by the Town Board prior to the grant of preliminary plat or site plan approval by the Planning Board. Applicants may seek non-binding input from the Town Board as to whether the proposal is worthy of consideration at any stage of the application process prior to the Planning Board's formal report issued pursuant to Subsection C(6) below.

Applications for incentive zoning shall be processed concurrently and with the same procedures applicable to subdivisions and/or special use/site plan approvals as set forth in this Zoning Law and the subdivision regulations of the Town of Pine Plains.[1]

Editor's Note: See Ch. 230, Subdivision of Land.

All applicable requirements of the State Environmental Quality Review Act shall be complied with as part of the review and hearing process.

Prior to rendering a decision on any preliminary plat or site plan that is the subject of incentive zoning, the Planning Board shall issue a report regarding the incentive zoning to the Town Board. Any hearing required or held on the preliminary plat or site plan shall be held open until the Planning Board has issued its report and the Town Board has rendered a decision with regard to the incentive zoning. The Planning Board's report shall include the following:

The Planning Board's recommendations regarding the proposal, including an evaluation of the adequacy with which the benefit and incentives fit the site and how the development relates to adjacent uses and structures.

An assessment that adequate water supply, wastewater treatment, transportation, waste disposal and emergency protection facilities exist to serve the development, and that such development will not substantially and deleteriously impact upon the future development of adjoining properties.

A statement that the benefit would not otherwise result without the granting of incentive zoning.

Within 45 days of receipt of the Planning Board's report, the Town Board shall hold a public hearing on the incentive zoning application. Notice of the hearing shall be published in the official newspaper at least 10 days prior to the date of the hearing. The Town Board may provide for further notice as it deems appropriate.

Prior to rendering a decision, the Town Board shall evaluate the impact of the provision of such system of zoning incentives or bonuses upon the potential development of affordable housing gained by the provision of any such incentive or bonus afforded to an applicant or lost in the provision by an applicant of any community amenity to the Town. Further, the Town Board shall determine that there is approximate equivalence between potential affordable housing lost or gained or that the Town has or will take reasonable action to compensate for any negative impact upon the availability or potential development of affordable housing caused by the provisions of this section.

The Town Board shall render its decision within 45 days of the close of the public hearing. In no case, however, shall the Town Board be compelled to approve any aspect of this incentive zoning, as such approval rests within the Town Board in its sole and absolute discretion. The Town Board may approve, approve with modifications or disapprove the incentive zoning application. Failure to render a determination within said forty-five-day period shall not be deemed to be a default approval. To approve incentive zoning, the Town Board shall determine that the community benefit provides sufficient public benefit to provide the requested incentive.

(10)

If the Town Board determines that a suitable community benefit or amenity is not immediately feasible, or otherwise not practical, the Board may require, in lieu thereof, a payment to the Town of a sum to be determined by the Board. If cash is accepted in lieu of other community benefit or amenity, provision shall be made for such sum to be deposited in a trust fund to be used by the Town Board exclusively for specific community benefits authorized by the Town Board.

(11)

After the Town Board has rendered a decision, the record of decision shall be referred to the Planning Board for preliminary and/or final approval of the application with or without incentives, as prescribed by the Town Board. If the Town Board resolves to permit incentive zoning, no subsequent approval or permit or approval by any official, board or agency of the Town shall materially alter any condition imposed by the Town Board and, in the event that any permit or approval by any agency within or without the Town materially alters any such condition, the project may not proceed until and unless the Town Board approves the modification in its sole discretion.

(12)

In accordance with the provisions of Article XVI, Professional Fees, the Town Board may engage a consultant to assist in review of the application, the cost of which will be borne by the applicant.

(13)

Generic environmental impact statement. If a generic environmental impact statement has been prepared by the Town Board in enacting or amending this section, the applicant will pay a proportionate share of the cost of preparing such impact statement.

§ 275-23 Affordable housing.

Findings. The Town Board of the Town of Pine Plains finds that:

The social and economic diversity of the Town is dependent upon a reasonable supply of affordable housing; and

The Town's Comprehensive Plan encourages the creation of affordable housing within the Town; and

It is important that any householder earning no more than a moderate income that is employed in the Town of Pine Plains, or provides an essential volunteer service to the Town of Pine Plains, be provided an opportunity to obtain housing that is affordable to said household.

Methods to achieve affordable housing.

The Town Board, to promote continuing housing affordability, can accomplish the foregoing objectives through a variety of methods as follows:

Construction of affordable housing on site;

Payment of an affordable housing fee to the Pine Plains Housing Trust Fund in lieu of the construction of affordable housing as per Subsection E of this section;

Donations of land to the Town suitable for the construction of affordable housing;

Construction of affordable housing off site within the Town;

Rehabilitation of substandard housing to standard affordable housing;

Purchase of existing housing for conversion to affordable housing;

A combination of the above.

The Town Board shall approve, in its sole discretion, the method or combination of methods that shall be used to meet the provisions of this section of the Zoning Law based on the unique characteristics of the application being reviewed, and based on a recommendation of the Planning Board. Donations of land or construction off-site shall result in a number of dwelling units equal to the number of the required units or equal in value to the affordable housing fee.

Applicability.

[Amended 5-21-2015 by L.L. No. 2-2015]

Zoning districts. These provisions shall apply to any residential application in any zoning district except the Wellhead Protection (WP) District, wherein the provision of affordable housing is not required.

Applications of 10 or more dwellings and/or lots. Any site plan, special use permit and/or subdivision plan application that proposes 10 or more residential lots or dwellings or combination thereof shall be required to set aside 10% of the total number of lots/dwellings for "moderate-income households" as that term is defined by this Zoning Law. This set-aside constitutes the applicant's affordable housing obligation. A market-rate density bonus of 10% of the total number of dwellings shall be granted to the applicant for meeting the required set-aside. Calculations resulting in 0.5 dwelling or more shall be rounded up to the next whole dwelling unit.

Example: An applicant proposes a subdivision or site plan of 10 dwellings and/or lots

Affordable Housing Obligation = 10 dwellings/lots x 10% = 1 dwelling/lot

Initial buildout is 9 dwellings/lots +1 affordable dwelling/lot

Market-Rate Density Bonus = 10 dwellings/lots x 10% bonus = 1 market-rate dwelling/lot

Final Buildout = 10 dwellings/lots, which includes 1 affordable dwelling/lot + 1 market-rate dwelling/lot = 11 dwellings/lots

Procedure for determining affordable housing requirements.

Affordable housing statement. Every residential site plan, special use permit or subdivision plan subject to the provisions of this § 275-23 shall include an affordable housing statement. The statement shall address:

The applicability of this section to the proposed residential development, including the number of affordable dwellings to be constructed;

The methodology proposed to be used to provide affordable housing as per Subsection B above;

Appropriate notations on any plan, building elevations, floor plans, and other information submitted in support of the application indicating the location and design of any affordable dwelling;

Any other documentation that the Planning Board and/or Town Board determines will be required to evaluate the application.

The Town Board shall approve, or approve with modifications, the affordable housing statement prior to the Planning Board acting on any application.

Affordable housing notation. Notes shall be placed on any site plan or final subdivision plan reciting the affordable housing obligations of the applicant in conjunction with the plan. If applicable, this shall include the recording of notes on a plan indicating which lots or sites are to be set aside for the construction of affordable housing. The Town Board may require the imposition of deed restrictions ensuring that future lots are restricted to the construction of affordable housing. The Town Board, as a condition of approval, may require that an applicant pay an affordable housing fee where the applicant proposes to set aside a lot in a subdivision for the construction of affordable housing, but where the applicant does not propose to construct an affordable dwelling.

Conditions on decision of approval. A site plan, subdivision and/or special use permit shall include specific conditions referencing the requirements of this section of the Zoning Law. Noncompliance with the provisions of this section shall be grounds for the Planning Board to disapprove a special use permit, site plan or subdivision application.

Violations. A violation of this section shall be deemed to be a violation of the subdivision, site plan and/or special use permit approval, as the case may be. Said violation may be addressed by the Town of Pine Plains pursuant to Article XIV, Administration and Enforcement, of this Zoning Law. In addition, any such violation shall, after the conduct of a public hearing, and notice to the applicant, be grounds for rescission of the subdivision, site plan and/or special use permit approval granted by the Planning Board.

Other procedures prescribed by the Town Board. The Town Board, by local law or resolution, shall prescribe such other procedures and requirements as it deems necessary for the approval of affordable housing in conjunction with a special use permit, subdivision plan or site plan.

Waiver of fees. The Town Board may waive in whole or in part the fee in lieu of recreation land or other building, zoning or land development fees where it finds that such waiver shall improve affordability.

Affordable housing fee.[1] The affordable housing fee shall be determined by the Town Board annually and set forth in a schedule contained in a local law or resolution. The fee shall be calculated using the "construction cost approach" set forth in the Town of Pine Plains Affordable Housing Task Force Report to the Town of Pine Plains Town Board (April 2012). The affordable housing fee, if approved by the Town Board, shall be noted in any affordable housing statement and made a condition of any site plan, special use permit and/or subdivision approval. The affordable housing fee shall be paid at the time of the application for the first building permit issued for the applicant's site plan or subdivision plan, or at the time of the sale of the first lot or lots within a subdivision, whichever shall occur first. As a condition of approval, the Town Board may establish a phasing schedule for the payment of the affordable housing fee. In no event, however, shall payment be deferred for more than two years after filing of a final site plan or subdivision plan unless the time period for said payments is extended by the Town Board. A sample calculation of the buildout with a payment in lieu of housing is as follows:

[Amended 5-21-2015 by L.L. No. 2-2015]

Example: An applicant proposes a subdivision or site plan of 10 dwellings/lots

Affordable Housing Obligation = 10 dwellings/lots x 10% = 1 dwelling/lot

Initial Buildout is 9 dwellings/lots + 1 affordable dwelling/lot

Market-Rate Density Bonus = 10 dwellings/lots x 10% bonus = 1 market-rate dwelling/lot

Applicant provides fee in lieu of 1 affordable dwelling/lot

Final Buildout = 9 dwellings/lots + fee in lieu of one affordable dwelling/lot + 1 market-rate dwelling/lot, or 10 dwellings/lot and fee in lieu of one affordable dwelling lot

Editor's Note: See Ch. 155, Fees.

Standards applicable to affordable dwellings.

Integration of affordable dwellings. All affordable dwellings shall be physically integrated into the existing or new development and constructed with the same quality building materials as market-rate units. An affordable dwelling shall resemble, from the exterior, the market-rate dwellings in the development or surrounding neighborhood, as the case may be. The Town Board has the authority to review and approve the interior finishes of affordable housing. Said interior finishes may vary from those established for market-rate dwellings within the same development where the Town Board finds that said variation will improve housing affordability.

Affordable dwellings by housing type. Affordable dwellings shall be the same housing type as the market-rate housing type for single housing type developments. For example, if a development proposes single-family detached dwellings, then the affordable housing units shall be single-family detached dwellings. For mixed housing type developments, e.g., single-family detached and single-family attached, the affordable dwellings shall be constructed in the same proportion as the mix of housing types for the market-rate units, except that the Town Board, in its discretion, may vary this requirement where it determines that an alternative mix of affordable housing units will improve housing affordability and negate equity issues when allocating dwellings among eligible households.

Dwelling type and size. An affordable dwelling may be a multifamily, single-family detached or single-family attached dwelling subject to the occupancy standards set forth below. The Town Board has the authority, by local law or resolution, to establish a minimum and maximum size for affordable dwellings by housing and bedroom type.

[Amended 5-21-2015 by L.L. No. 2-2015]

Phasing. For any development that will be constructed in phases, the schedule below shall apply. Certificates of occupancy shall be issued for market-rate dwellings when the required percentage of affordable dwellings has been completed and a certificate of occupancy issued for the affordable dwellings.

	Percentage of Market-Rate Dwellings Receiving Certificates of Occupancy	Percentage of Affordable Dwellings Receiving Certificates of Occupancy
	Up to 25% of total	0 (none required)
	50%	At least 50%
	100%	100%

Occupancy standards.

To prevent overcrowding or underutilization of affordable housing at the time of purchase or rent, the following schedule of occupancy shall apply:

	Number of Bedrooms	Maximum Number of Persons
	0 (studio)	1
	1	2
	2	4
	3	6
	4	8

The affordable dwelling shall be the primary residence of the owner or renter. An owner shall not rent the affordable dwelling to others and a renter may not sublet the affordable dwelling, except that one-year subleases shall be permitted if the household is required to move temporarily for reasons of employment, health, or family emergency, not to exceed a total of two years. This exception shall not apply to a developer of an affordable dwelling.

Maintenance as a continuing obligation. An affordable dwelling shall be maintained as affordable in a manner as prescribed by procedures established by the Town Board or its designee. No household shall make any improvements that require a building permit without prior written permission.

Builder's specifications. An affordable dwelling shall be maintained at least at the original builder's specification level. At the time of resale, the Town Board may determine that such unit has not been properly maintained and shall be authorized to impose such assessments as necessary to reasonably return the dwelling to its original conditions. Such assessment shall be deducted from that portion of the selling price reverting to the seller of the unit.

Affordability restrictions. An affordable dwelling shall remain affordable for 30 years.

Tax assessment. The Tax Assessor of Pine Plains shall consider the limited resale value of an affordable dwelling and/or the limited rental value of units when determining the appropriate assessment on said dwelling.

(10)

Additional standards.

The Town Board, by local law or resolution, may establish such other standards, rules and regulations it deems necessary to ensure the design intent applicable to an affordable dwelling is met.

The following minimum standards are hereby established:

[Added 5-21-2015 by L.L. No. 2-2015]

Affordable Housing Size and Building Standards
Building Type	Number of Bedrooms	Minimum Gross Square Footage	Maximum Gross Square Footage	Number of Bathrooms
Single-family attached or detached	2	1,200	1,500	1
Single-family attached or detached	3	1,400	2,000	1.5
Garden-style condominiums (owner-occupied)/ apartments (renter-occupied)	0	550	700	1
	1	650	850	1
	2	800	1,000	1
	3	950	1,200	1.5

	Additional design standards:
	Note: Maximum gross square footage as per Dutchess County Planning Department recommendation.
	1.	All affordable housing must have a refrigerator, range and range hood, dishwasher, and complete electric and plumbing connections and a dryer exhaust for a clothes washer and dryer.
	2.	The refrigerator must be at least 18 cubic feet and frost-free. A thirty-inch electric, porcelain-enameled range/oven and range hood must be supplied.
	3.	All carpeting must meet minimum Federal Housing Administration (FHA) specifications.
	4.	Unit landscaping must be as designated on an approved site or subdivision plan.
	5.	Shelving must be included in closets.
	6.	The main bathroom must include a vanity.
	7.	Affordable housing shall have full basements if market-rate units have full basements.
	8.	Use cement board siding or other long-lasting siding in the construction of affordable dwellings.
	9.	Use Energy Star compliant windows and doors.

Sales and rental values.

Affordable for-sale dwelling.

Calculation of initial sales price. The initial sales price shall be set by a schedule prepared annually by the Town Board which shall ensure that an income-eligible household shall have adequate income to qualify to purchase an affordable dwelling. The initial sales price of an affordable dwelling shall be calculated such that the annual cost of the sum of principal, interest, taxes and insurance (PITI) and common charges, as applicable, shall not exceed 30% of the income of a household earning 80% of the Town of Pine Plains median family income adjusted for bedroom size, using a standard of 1.5 persons per bedroom. Costs shall be determined based on a thirty-year fixed-rate mortgage at prevailing interest rates with a downpayment of 5%.

[Amended 5-21-2015 by L.L. No. 2-2015]

Resale of affordable dwelling. The Town Board shall establish, by local law or resolution, procedures for the resale of an affordable dwelling to ensure that the units remain affordable while allowing for a limited equity appreciation for the homeowner.

Deed restriction. The original deed and any subsequent deed or instruments used to transfer title to an affordable dwelling shall include a provision indicating that the housing unit is an affordable dwelling subject to restrictions on occupancy and resale. Said restrictive language shall be established by the Town Board.

Affordable rental dwelling.

Calculating permissible rent. Maximum monthly rent, including utilities (heat, hot water and electric), shall be set by local law or resolution and updated annually by the Town Board. Rent for an affordable dwelling shall include an estimated cost for utilities and shall not exceed 30% of the maximum family income of an income-eligible household earning 60% of the Town of Pine Plains median family income adjusted for bedroom size, using a standard of 1.5 persons per bedroom. Maximum rent shall be set in such a manner that an income -eligible household will have sufficient income to qualify to rent said dwelling.

[Amended 5-21-2015 by L.L. No. 2-2015]

Lease terms and renewal. An eligible household for an affordable rental dwelling shall sign a lease for an initial term of one year. As long as the household remains eligible and has complied with the terms of the lease, the household shall be offered a two-year renewal thereafter. Adequate proof of household income shall be provided to the Town Board or its designee. If at the time of renewal the household's income exceeds the maximum income limit established by the Town Board, such household shall be offered a market-rate rental dwelling in the development if available. If no such market-rate rental is available, the household may renew the lease for one more year, subject to the condition that should a market-rate dwelling become available, the household shall be required to move to said market-rate rental dwelling. At the end of the lease for such additional year, the household shall have no further right to reside in the affordable rental dwelling. At that time, the landlord shall have the option of increasing the rent to the prevailing market rate, provided that the landlord shall make a comparable rental unit available to another eligible household at the restricted affordable housing rental rate.

Town Board review. All lease terms shall be reviewed and approved periodically by the Town Board.

Applicant eligibility.

Income eligibility. For "for sale" dwellings, a household shall be determined to be income-eligible where its annual family income does not exceed 80% of the median family income for the Town of Pine Plains. Median family income will be calculated using the most recent estimate of median family income reported by the U.S. Census Bureau and adjusted on an annual basis to account for inflation or deflation, as the case may be, until the median family income is updated in the next U.S. Census Bureau survey. The median family income level for Pine Plains will be adjusted using the Consumer Price Index (CPI) for All Urban Consumers for the Poughkeepsie-Newburgh-Middletown Metropolitan Statistical Area (encompassing Dutchess County and Orange County, NY), published by the U.S. Bureau of Labor Statistics, and adjusted based on family size using the U.S. Department of Housing and Urban Development published family size adjustment data. For rental dwellings, a family shall be determined to be income-eligible where its annual family income does not exceed 60% of the median family income for the Town of Pine Plains for a family of four, and calculated annually as set forth above for "for sale" dwellings. The Town Board may establish by local law or resolution additional standards to ensure income eligibility.

[Amended 5-21-2015 by L.L. No. 2-2015]

Selection priority. Once an applicant is determined to be eligible to participate in the affordable housing program based on applicable income levels, preference will be given to applicants on the basis of the following factors. An "applicant" shall be defined to include any and all family members 18 years of age and older who will occupy the affordable housing dwelling as a primary residence. An applicant seeking preference based on voluntary service must provide an affidavit from an authorized person within such organization attesting to the applicant's length of voluntary service or employment. The Town Board, by local law or resolution, may establish a point system to prioritize households that fall within the following categories:

Volunteer Fire Department or Ambulance Corps members serving the Town of Pine Plains, with a minimum of six months of consecutive active service.

Paid emergency service personnel serving the Town of Pine Plains, including police, fire and emergency medical services, with a minimum of six months of employment.

Town of Pine Plains full-time municipal employees, with minimum of six months of employment.

School district employees for any schools that provide education services to students who live in Pine Plains, with a minimum of six months of employment.

Veterans of the United States Armed Forces, honorably discharged.

Persons employed in the Town of Pine Plains.

Resident of the Town of Pine Plains who have lived in Pine Plains for at least three years.

(h)

Former residents of the Town of Pine Plains who are able to document that they resided in the Town for at least three years.

(i)

Dutchess County residents for at least three years, not residing in Pine Plains.

(j)

All income-eligible households not covered above.

Noneligible applicants. In the event that there are no eligible applicants for affordable dwellings by application of the selection criteria, the Town Board may allow, by resolution, an affordable dwelling to be rented by the owner on a temporary basis at market rate.

Administration. The Town Board of Pine Plains shall administer this affordable housing program. The Town Board may delegate its responsibilities to an Affordable Housing Committee. The Town Board may also hire staff or contract with Dutchess County or another qualified not-for-profit organization, governmental agency, or private consultant to administer all or a portion of the affordable housing program under the direction and oversight of the Town Board or an Affordable Housing Committee. The responsibilities and duties of the Town Board shall include, but shall not necessarily be limited to, the following:

Review and approve an affordable housing application.

Maintain eligibility priority list, annually certify and recertify applicants.

Establish annual maximum income limits; rental, sale and resale prices.

Maintain list of affordable dwellings in the Town.

Review and approve deed restrictions applicable to an affordable dwelling.

Review and approve the lease terms for an affordable rental dwelling.

Promulgate rules and regulations as necessary.

§ 275-24 Accessory solar installations.

Such other and additional responsibilities and duties as established by the Town Board by local law or resolution.

[Amended 10-20-2022 by L.L. No. 3-2022]

Purpose. The Town of Pine Plains hereby recognizes that solar photovoltaic (PV) installations are now considered normal and customary accessory uses to residences, commercial buildings and farms. Installation of such facilities in all Town zoning districts shall be permitted pursuant to a three-tiered system. Tier 1 is for accessory roof-mounted solar PV installations, Tier 2 is for accessory ground-mounted solar PV installations, and Tier 3 is for large-scale solar installations. Tier 3 installations are not considered customary accessory uses, as they generate power for off-property use.

Tier 1: Roof-mounted solar PV installations.

Tier 1 applies to roof-mounted solar PV installations that are accessories to principal uses. The installation of roof-mounted solar PV installations is permitted as an accessory use to residences, pursuant to the Town of Pine Plains NYS Unified Solar Permit Process by the Town Code Enforcement Officer.

In order to qualify as an accessory use permitted pursuant to the Town of Pine Plains NYS Unified Solar Permit, the following criteria must be met by the applicant:

The facility must have a rated DEC capacity of 25kW or less.

The solar PV installation may generate up to 110% of the existing or potential energy demand for on-site uses. The installation may not generate energy for off-site uses.

The facility must be mounted on a permitted roof structure or on a legal accessory structure such as garage or shed roof.

The facility must be installed by a solar installation contractor in compliance with all licensing and other requirements of the Town of Pine Plains and the state.

Glare. All solar panels shall have anti-reflective coating(s).

If the structure on which the facility is installed is a sloped roof, the solar panels must be mounted parallel to the roof's surface.

The Zoning Enforcement Officer may permit solar installations that vary slightly from being parallel to the roof's surface if there is a significant reason to do so.

Solar panels on pitched roofs shall be mounted with a maximum distance of eight inches between the roof surface the highest edge of the system.

Solar panels on pitched roofs shall not extend higher than the highest point of the roof surface on which they are mounted or attached.

Solar panels on flat roofs shall not extend above the top of the surrounding parapet, or more than 24 inches above the flat surface of the roof, whichever is higher.

The applicant must utilize the Town of Pine Plains NYS Unified Solar Permit which may be obtained from the Town Clerk or the Town Code Enforcement Officer during regular business hours. The application process shall be a unified permit streamlined process approved by the Town Code Enforcement Officer with the submission of the permit and all required application material as identified in the Town of Pine Plains NYS Unified Solar Permit. Permits will be issued within 21 calendar days upon receipt of complete and accurate applications. The Code Enforcement Officer will provide feedback within 14 calendar days of receiving incomplete or inaccurate applications.

Tier 2: Ground-mounted solar PV installations.

Tier 2 applies to any ground-mounted solar PV installations that are an accessory to the primary use on a parcel. The solar PV installation may generate up to 110% of the existing or potential energy demand for on-site uses. The installation may not generate energy for off-site uses.

For installations within the Hamlet Zoning Districts (H-BUS, H-MS, H-CR, H-R, H-PC, H-B, and LI) Zoning Districts:

A site plan review is required for Tier 2 solar PV installations in the Hamlet and LI Zoning Districts.

Within the Hamlet and LI Zoning Districts, the Planning Board shall consider opportunities to minimize visual impact to neighbors and public space and right-of-way. In reviewing an application, the Planning Board may impose conditions to minimize visual impacts, including, but not limited to, screening and additional setbacks.

Glare. All solar panels shall have anti-reflective coating(s).

Required setbacks:

Installations are prohibited in front yards.

Rear yard and side yard setbacks shall be the same as for accessory structures in each zoning district.

Height. The maximum height for Tier 2 solar installations shall not exceed 12 feet in height above the ground measured from the ground under the solar panel to the highest point of the solar panel or racking system, whichever is greater.

For installations within the R and WP Zoning Districts, the Planning Board shall consider opportunities to minimize visual impact to neighbors and public space and right-of-way. In reviewing an application, the Planning Board may require conditions to minimize visual impacts, including, but not limited to, screening of solar installations, and additional setbacks from parcel boundaries.

Site plan review is required for Tier 2 solar PV installations in the R and WP Zoning Districts.

Lots less than or equal to two acres:

Installations are prohibited in front yards.

Rear yard and side yard setbacks shall be the same as for accessory structures in each zoning district.

Glare. All solar panels shall have anti-reflective coating(s).

Height. The maximum height for Tier 2 solar installations on lots that are less than or equal to 2 acres shall not exceed 12 feet in height above the ground measured from the ground under the solar panel to the highest point of the solar panel or racking system, whichever is greater.

Lots greater than two acres.

Solar PV installations may be in the front, side, and rear yards.

A setback of 10 feet is required from the parcel boundary. A larger setback may be required by the Planning Board for safety and to minimize visual impacts.

A setback of 25 feet is required from any public roadway.

[4]

A preapplication conference with the Building Inspector is recommended.

[5]

Glare. All solar panels shall have anti-reflective coating(s).

[6]

Height. The maximum height for Tier 2 solar installations on lots greater than two acres but less than five acres shall not exceed 12 feet in height. The maximum height for Tier 2 solar installations on lots with an area of five acres or more shall not exceed 15 feet in height. Tier 2 solar installation height shall be measured from the ground under the solar panel to the highest point of the solar panel or racking system, whichever is greater.

Tier 3: Large-scale solar installations, solar farms, and solar installations that produce greater than 110% of on-site energy demand.

A special use permit, public hearing, and site plan review is required. The general requirements of special use permits in § 275-55 of this Code need to be met as well as the specific requirements listed in Subsection D(5) below.

Tier 3 applies to any solar installation for off-property use or for a solar PV installation that generates in excess of 110% of existing or potential demand.

Purpose. Tier 3 regulations seek to preserve large parcels of land in Pine Plains and carefully regulate large-scale solar farms that generate energy for areas outside of the Town.

Preapplication meeting required.

A preapplication conference with the Planning Board is required for all Tier 3 installations. The applicant shall discuss the project with the Planning Board and should present a visual impact study and a sketch plan of the installation.

Special permit and site plan approval is required for all Tier 3 installations.

During site plan approval, the Planning Board shall review the application and visual impact study for proposed lighting, site security, grading and clearing of vegetation, and for impacts to rural character, farms, farm structures, and ridgelines. The Planning Board may require the installation to be screened when viewed from roads, parks, or public spaces, and may require that utilities be buried underground or otherwise hidden from view.

Applicants must submit a property operation and maintenance plan during site plan approval. Such plan shall describe continuing photovoltaic maintenance and property upkeep, such as mowing and trimming.

Preservation of agricultural lands and natural vegetation and habitat. The applicant must show how agricultural lands, prime agricultural soils, natural vegetation and habitat are preserved to the greatest extent possible. Solar installation impacts to these resources should be minimized.

Pine Plains recognizes that solar energy systems can be designed and installed in a manner that allows the land underneath solar panels and near the solar installations to be used for agricultural purposes. The Planning Board may grant greater flexibility to applicants who propose installations where agricultural operations would occur jointly with the production of solar energy.

The Planning Board may retain one or more consultant to assist with the review of the application, consistent with § 275-105 of the Zoning Code.

Maximum lot coverage.

Parcels with an area less than 70 acres have a maximum lot coverage of 20%.

Parcels with an area 70 acres or greater have a maximum lot coverage of 30%.

Glare. All solar panels shall have anti-reflective coating(s).

Catastrophic weather events.

In the event of a catastrophic weather event, the Planning Board may review an in-kind reconstruction of the solar energy system in an expedited manner.

Decommissioning.

Solar energy systems that have been abandoned and/or not producing electricity for a period of 1 year shall be removed at the owner's and/or operator's expense, which at the owner's option may come from any security made with the Town of Pine Plains as set forth in Subsection D(9)(c) herein.

A decommissioning plan signed by the owner and/or operator of the solar energy system shall be submitted by the applicant, addressing the following:

The cost of removing the solar energy system.

The time required to decommission and remove the solar energy system any ancillary structures.

The time required to repair any damage caused to the property by the installation and removal of the solar energy system.

Security.

The deposit, executions, or filing with the Town Clerk of cash, bond, or other form of security reasonably acceptable to the Town attorney and/or engineer shall be in an amount sufficient to ensure the good faith performance of the terms and conditions of the permit issued pursuant hereto and to provide for the removal and restorations of the site subsequent to removal. The amount of the bond or security shall be 125% of the cost of removal of the Tier 3 solar energy system and restoration of the property with an escalator of 2% annually for the life of the solar energy system. The decommissioning amount shall be reduced by the amount of the estimated salvage value of the solar energy system.

In the event of default upon performance of such conditions, after proper notice and expiration of any cure periods, the cash deposit, bond, or security shall be forfeited to the Town of Pine Plains, which shall be entitled to utilize the cash deposit, or bond or other security. The cash deposit, bond, or security shall remain in full force and effect until restoration of the property as set forth in the decommissioning plan is completed.