The Town Board may, after Planning Board review,
public notice and hearing, approve the development of a parcel of
land for light industrial use and establish a special Light Industrial
District for such development to be imposed on any A, R-1 and B-2
District, subject to the following conditions:
B.
Application of regulations. Individual uses and structures
in a Light Industrial District need not comply with the specific building
location, height, lot size and open space requirements of the underlying
basic district. The overlay superimposes the regulations for the Light
Industrial District upon the underlying district.
C.
Use regulations.
(1)
Permitted uses. Uses permitted in the I-1 District shall be as determined in accordance with § 140-8B of this chapter and any regulations supplementary thereto.
[Amended 12-30-1987 by L.L. No. 9-1987]
(2)
Prohibited uses shall be as follows:
(a)
Residential uses, except that dwellings of caretakers
and any and all residential uses made and permitted prior to the establishment
of such I-1 District in accordance with this section shall be allowed
to continue as so permitted heretobefore.
(c)
Any use, although expressly allowed as a permitted
use, if the particular application or adaptation of such use is or
shall become or cause a nuisance.
D.
Performance standards.
(1)
General standards. The following general standards
are hereby adopted for the control of uses in any Light Industrial
District, and no use shall be permitted, established, maintained or
conducted therein which shall cause or be likely to cause:
(a)
Excessive smoke, fumes, gas, dust, odor or any
other atmospheric pollutant beyond the boundaries of the lot whereon
such use is located. What smoke is excessive shall be determined according
to Ringelmann's Scale for Grading the Density of Smoke, published
by the United States Bureau of Mines, when the shade or appearance
of such smoke is darker than No. 2 on said Ringelmann Smoke Chart.
(b)
Noise perceptible beyond the boundaries of the
lot occupied by such use causing the same.
(c)
Any pollution by discharge of any waste material
whatsoever into any watercourse, open ditch or land surface.
(d)
Discharge of any waste material whatsoever into
any sanitary disposal system or sewerage system, except only in accordance
with the rules of and under the control of public health authorities
or the public body controlling such sewerage system. Any chemical
or industrial waste which places undue loads, as determined by the
Town Engineer, shall not be discharged into any municipal system and
must be treated by the industrial use.
(e)
Storage or stocking of any waste materials whatsoever.
(f)
Glare or vibration perceptible beyond the lot
lines whereon such use is conducted.
(g)
Hazard to person or property by reason of fire,
explosion, radiation or other cause.
(h)
Any other nuisance harmful to persons or property.
(2)
Specific standards. The following specific standards
are hereby adopted and must be complied with for any by any use in
any Light Industrial District and before the same is permitted, established,
maintained or conducted:
(a)
Storage facilities. Materials, supplies or semifinished
products shall be stored on the rear 1/2 of the property and shall
be screened from any existing or proposed street.
(b)
Loading docks. No loading docks shall be on
any street frontage. Provisions for handling of all freight shall
be on those sides of any building which do not face on any street
or proposed streets.
(c)
Landscaping. It is hereby declared that all
areas of the plot not occupied by buildings, parking, driveways or
walkways or storage shall be landscaped attractively with lawn, trees,
shrubs or other plant material. Such landscaping shall take into consideration
the natural growth presently on the premises and the nature and condition
of the terrain as well as the situation of the lands and premises
themselves and with regard to adjoining lands and premises.
(d)
Fences and walls. Property that is adjacent
to a residential or business district shall be provided along such
property lines with a wall, fence, compact evergreen hedge or a landscaped
strip of trees and shrubs so designed as to form a visual screen not
less than six feet high at the time of planting. Except for landscaped
areas and parking areas, a use which is not conducted within a completely
enclosed building shall be screened by a six-foot solid masonry wall,
chain-link fence covered with an evergreen vine or compact evergreen
hedge. Where a front yard adjoins a street, the wall, fence or hedge
shall be located no closer to the street than the depth of the required
yard.
(g)
Buffer strip. In addition to the fences and
walls, the entire district must be separated along its outside boundary
from any adjoining residential zones by a buffer strip, suitably landscaped,
at least 100 feet wide.
(h)
Minimum(s). No industrial building structure
or use (including any required parking space) shall be located nearer
than 100 feet to the nearest portion of any residence.
[Added 2-25-1999 by L.L. No. 1-1999]
(3)
Proper and adequate water supply, sewerage and waste
disposal, other utility services and accessibility to and from public
streets must be provided.
(4)
Special consideration must be given to the traffic
generated by each proposed use in a Light Industrial District, and
no undue traffic volumes shall be permitted on residential streets.
Such data is to be submitted with each petition for amendment. No
access drive for any I-1 District shall be within 300 feet of and
on the same side of the street as a school, public library, theater,
church or other public gathering place, park, playground or fire station
unless a street 50 feet or more wide lies between such access drive
and such building or use.
E.
Area and bulk regulations. Area and bulk requirements
shall be in compliance with those for I-1 Districts as set forth in
the Density Control Schedule of this chapter.[1]
[1]
Editor's Note: The Density Control Schedule is included at the end of this chapter.
F.
The Planning Board, upon review of the proposed development,
may prescribe such additional conditions as are, in its opinion, necessary
to secure the objectives of this chapter.
G.
Procedure.
(1)
Application for rezoning classification of a site
shall be filed by the owner or several owners jointly, or the holder
of a written option of purchase of the site, with the Secretary to
the Town Board, in writing and in a form required by the Town Board,
and shall be accompanied by a certified check in the amount set forth
from time to time by resolution of the Town Board to help defray the
cost of advertising the hearing on said petition and incidental disbursements.
The applicant shall also submit the following:
[Amended 12-30-1987 by L.L. No. 9-1987]
(a)
A plan of the site and surrounding areas drawn
to scale and accurately dimensioned, showing the location of existing
and proposed land use areas, lots, buildings, structures, parking
and loading areas and access roads and streets, community facilities
and topography.
(b)
The use and height of each proposed building
or structure, yard lines, lot coverage and the number of parking spaces
in each proposed parking area and the expected flow of traffic in
and out of the area.
(c)
Any additional data as may be requested by the
Planning Board in order to determine the suitability of the tract
for the proposed development.
(2)
Each application shall be referred to the Planning
Board. The Planning Board shall report its recommendations thereon
to the Town Board, accompanied by a full statement of the reasons
for such recommendations, prior to the public hearing. If the Planning
Board fails to report within a period of 45 days from the date of
receipt of notice or such longer time as may have been agreed upon
by it and the Town Board, the Town Board may act without such report.
(3)
The Town Board, by a resolution, shall fix the time
and place of the public hearing and cause notice to be given as follows:
(b)
By giving notice of hearing to any required
municipal, county, state or federal agency in the manner prescribed
by law. Upon approval of the proposed development, the new district
established shall be excepted from the provisions and controls of
this chapter only to the extent specified in the approval, and such
new district shall become a part of the regulations established herein,
shall be enforced in the same manner and be similarly subject to amendment,
except that, if construction of the proposed development is not commenced
within one year after approval of the Town Board, such approval shall
be revoked, and such area shall be subject to the requirements of
the prior district regulations.
[Amended 2-23-1983 by L.L. No. 1-1983; 12-30-1987 by L.L. No. 9-1987; 5-20-2010 by L.L. No.
3-2010[1]]
A.
Legislative intent.
(1)
Development of land within the special flood hazard areas in the
Town of New Paltz could result in the potential loss of life and property,
create health and safety hazards, and lead to extraordinary public
expenditures for flood protection and relief. Since the development
of these areas is not essential to the orderly growth of the community,
and since these lands are suitable for open space uses that do not
require structures, fill, obstructions, or any other form of development,
the Town of New Paltz finds that it is in the best interests of the
Town residents to establish standards, regulations and restrictions
for development within a Floodplain District.
(2)
The Floodplain District shall include all lands located within areas
of special flood hazard [which are hereinafter described as Floodway
(FW), Flood Fringe (FF) and General Floodplain (GF)], which have been
identified by the Federal Emergency Management Agency (FEMA) in a
scientific and engineering report ("report") entitled the "Flood Insurance
Study – Ulster County, New York," (FIS No. 36111CV001A) with
accompanying Floodway Hazard Boundary Maps (FHBM), the Flood Boundary
- Floodway Maps (FBFM) and the Flood Insurance Rate Map (FIRM), as
such report may be updated and revised from time to time. The current
report is filed in the office of the Town Clerk.
(3)
The construction of residential and nonresidential structures therein
shall be subject to, and regulated by, the New York State Uniform
Fire Prevention and Building Code[2] and by all federal, state and/or local governmental and/or agency statutes, ordinances, laws, rules and regulations made and provided for the prevention of flood damage in the Town of New Paltz and as further set forth in Chapter 82, Flood Damage Prevention, of the Code of the Town of New Paltz, and additionally shall be subject to and regulated by the standards and the requirements of the National Flood Insurance Program (NFIP).
B.
Purpose. The Floodplain District is established to permit only that
development within the special flood hazard areas which is appropriate
in light of the probability of flood damage and the need to reduce
flood losses, and allow for acceptable social and economic use of
the land in relation to the hazards involved. Additionally, regulation
of development within the Floodplain District is required:
(1)
To promote the careful consideration of long-term economic consequences
of floodplain development, to prevent environmentally incompatible
floodplain use, and to guide less intensive use and development of
floodplains;
(2)
To minimize the adverse effects of floodplain development on existing
development;
(3)
To preserve natural areas and foster habitat protection to enable
the naturally beneficial functions of floodplains and watersheds to
be better realized by reserving hazardous areas for agricultural use,
parks, greenways, hiking trails, golf courses, wildlife refuges, natural
areas or similar open space compatible uses;
(4)
To promote a balance of public and private concerns and to ensure
that one person's activities do not adversely affect others or the
general public; and
(5)
To further provide for the safety of Town residents and the safety
of emergency response personnel during periods of flooding by requiring
readily available and useable access to areas of new development located
in or adjacent to flood-prone areas.
C.
AREA OF SPECIAL FLOOD HAZARD
BASE FLOOD ELEVATION
DEVELOPMENT
SUBSTANTIAL DAMAGE
Definitions. As used in this section, the following terms shall have
the meanings indicated:
The land in the floodplain within a community subject to
a one-percent-or-greater chance of flooding in any given year. This
area may be designated as Zone A, AE, AH, or AO. It is also commonly
referred to as the base floodplain or one-hundred-year floodplain.
For purposes of this section, the term "special flood hazard area
(SFHA)" is synonymous in meaning with the phrase "area of special
flood hazard."
The computed water surface elevation at a given location
resulting from a flood having a one-percent chance of being equaled
or exceeded in any given year (i.e., an average frequency and magnitude
of a one-hundred-year recurrence interval).[3]
Any man-made change to improved or unimproved real estate,
including but not limited to buildings or other structures, mining,
dredging, filling, grading, paving, excavation or drilling operations
or storage of equipment or materials.
Damage of any origin sustained by a structure whereby the
cost of restoring the structure to its before-damaged condition would
equal or exceed 50% of the market value of the structure before the
damage occurred.[4]
[Amended 12-8-2015 by L.L. No. 3-2015]
[3]
Editor’s Note: The former definition of "cumulative
substantial improvement," which immediately followed this definition,
was repealed 12-8-2015 by L.L. No. 3-2015.
[4]
Editor’s Note: The former definition of "substantial
improvement," which immediately followed this definition, was repealed
12-8-2015 by L.L. No. 3-2015.
D.
Establishment of floodplain zoning subdistricts. The Floodplain District,
as depicted on the Town of New Paltz Zoning Map,[5] shall consist of three separate subdistricts, that includes
land with distinct flood-prone characteristics and development restrictions,
as regulated in the National Flood Insurance Program (NFIP) and as
described hereafter:
(1)
Floodway (FW). The Floodway Subdistrict shall include those areas
designated as floodway on the most recent Flood Insurance Rate Map
on file with the Town of New Paltz, as determined by the Federal Emergency
Management Agency and a Flood Insurance Study or by other agencies,
and can generally be described as lands located within the channel
of a river or other watercourse and the adjacent land areas that must
be reserved in order to discharge the base flood without cumulatively
increasing the water surface elevation and obstruct flood flows. No
encroachment by new construction of buildings, structures, fill or
substantial improvements is allowed, but development of stormwater
management, parkland, greenways, forest lands, farms and community
gardens is encouraged.
(2)
Flood Fringe (FF). The Flood Fringe Subdistrict shall include those
areas designated as that portion of the floodplain outside of the
floodway and land areas designated as Zone X lying within the Floodplain
District and mapped to be above the base flood elevation (BFE), as
determined by the Federal Emergency Management Agency and the Flood
Insurance Study or by other agencies, and includes those areas shown
on the Flood Insurance Rate Map as being within Zones AE, AH or AO.
The following specific development criteria apply to lands located
in the Flood Fringe Subdistrict:
(a)
All building sites are required to be improved in such a manner
that a building with habitable space's floor elevation is constructed
to be a minimum of two feet above the base flood elevation (BFE).
(b)
Proposed principal buildings shall not be sited on land with
an existing ground surface elevation more than one foot below the
base flood elevation (BFE), said minimum principal building site's
existing ground surface elevation being approximately equal and to
the maximum floodwater elevation of the fifty-year frequency flood
(i.e., two-percent annual chance of flooding).
(c)
The cumulative effect of proposed development cannot result
in an increase in flood height in areas of the floodplain with no
floodway designated. When it appears that the cumulative effect of
proposed development in such an area may increase the flood height,
the Town Building Inspector or other duly authorized representative
of the Town shall require the submission of a detailed hydrologic
and hydraulic engineering study evaluating such effects, and review
the conclusions of that study in consultation with the Town Engineer
in determining whether the applicant for a permit has demonstrated
compliance with the requirements of this section.
(3)
General Floodplain (GF). The General Floodplain Subdistrict shall
include those areas as determined by the Federal Emergency Management
Agency and Flood Insurance Study or by other agencies, and include
those areas designated as Zone A as shown on the Flood Insurance Rate
Map (FIRM). The following specific development criteria apply to lands
located in the General Floodplain Subdistrict:
(a)
All building sites are required to be improved in such a manner that a structure's floor elevation is constructed a minimum of two feet above the base flood elevation (BFE) as determined by historical flood height information, or as determined by a detailed hydrologic and hydraulic engineering study as specified in § 82-12F of the Code of the Town of New Paltz, if required.
(b)
When no floodway or base flood elevation (BFE) is available or specifically required in accordance with the conditions specified in § 82-12G of the Code of the Town of New Paltz, or when no historical flood height information is available, and when submission of site elevation survey data to demonstrate the likelihood the site is within or outside of the floodplain is not deemed necessary by the Building Inspector, the lowest floor (including basement) of a dwelling shall be elevated at least three feet above the highest adjacent grade.
[5]
Editor's Note: The Zoning Map is included in a pocket at the
end of this volume.
E.
Permitted uses: All uses so designated for the Floodplain District as shown on the Schedule of Permitted Uses of § 140-8B of Article II of Chapter 140 of the Code of the Town of New Paltz, subject to the following prohibitions and restrictions:
(1)
Any use of lands is permitted which does not involve a structure,
a fence, an addition to the outside dimensions of an existing structure
(including a fence) or an obstruction to flood flows such as fill,
excavation or fixed storage of materials or equipment.
(2)
Any use of land involving the construction of new structures, a fence, the placement or replacement of manufactured homes, the addition to the outside dimensions of an existing structure (including a fence) or obstructions such as fill or fixed storage of materials or equipment, provided these activities are located on land within the Flood Fringe (FF) or areas of the General Floodplain (GF) portion of the floodplain, in compliance with the location and elevation restrictions as specified herein. These uses shall be subject to the development standards and criteria of Chapter 82, Flood Damage Prevention, of the Code of the Town of New Paltz and Subsection G of these Floodplain District regulations.
F.
Prohibited uses.
(1)
In all subdistricts, the following critical facilities shall be strictly
prohibited:
(a)
Structures or facilities that produce, use or store highly volatile,
flammable, explosive, toxic and/or water-reactive materials.
(b)
Solid waste landfills and solid waste transfer station facilities.
(c)
Hospitals, nursing homes, and types of assisted living housing
similar to group homes and age-restricted housing which may have occupants
who may not be sufficiently mobile to avoid injury or death during
a flood.
(d)
Police stations, fire stations, vehicle and equipment storage
facilities, and emergency operation centers that are needed for flood
response activities before, during and after a flood.
(e)
Public and private utility facilities such as electrical power
generating facilities and substations, telephone equipment buildings
and the like that are vital to maintaining or restoring normal services
to flooded areas before, during and after a flood. This prohibition
is not intended to apply to stormwater management facilities, fuel
storage tanks, water supplies and wastewater treatment and disposal
systems that specifically comply with the NFIP, the New York State
Uniform Fire Prevention and Building Code[6] and all federal, state and/or local governmental and/or
agency statutes, ordinances, laws and rules provided for the prevention
of flood damage and flood hazards.
(2)
No use shall be permitted which will adversely affect the capacity
of the channels or floodways of any tributary to the main stream,
or of any drainage ditch, or of any other drainage facility or drainage
system.
(3)
No use shall be permitted which will alter the flow pattern of a
watercourse area, result in the deterioration of water quality or
impairment of best usage of waters, or reduce the flood-carrying capacities
of watercourses.
(4)
No use shall be permitted that would decrease stormwater retention
capabilities, increase the rate of discharge of surface water runoff,
or result in an increase in siltation of surface water bodies and
adjacent areas.
G.
Standards and requirements.
[Amended 12-8-2015 by L.L. No. 3-2015]
(1)
All new residential buildings located within the Flood Fringe (FF) Subdistrict shall meet the standards and criteria of Chapter 82, Flood Damage Prevention, of the Code of the Town of New Paltz.
(2)
All new nonresidential commercial or light industrial buildings located within the Flood Fringe (FF) Subdistrict shall meet the standards and criteria of Chapter 82, Flood Damage Prevention, of the Code of the Town of New Paltz. An architect's or engineer's certification that the nonresidential building or structure has been designed and constructed in compliance with FEMA and the New York State Uniform Fire Prevention and Building Code[7] standards and requirements must be provided, as applicable.
No storage of materials shall be allowed below the base flood elevation.
(3)
Compensatory storage. Whenever any portion of a floodplain is authorized
for development, the volume of space occupied by any authorized fill
or structure that will be located below the base flood elevation shall
be compensated for and balanced by a hydraulically equivalent volume
of excavation taken from below the base flood elevation at or adjacent
to the development site. All such excavation shall be constructed
to drain freely to the watercourse. No area below the water line of
a pond or other body of water or below the normal elevation at which
groundwater is found can be credited as compensating excavation.
(4)
Incidental fill placement. The volume of fill materials to be placed in the floodplain shall be minimized to the extent practicable. With the exception of the fill placed above the existing natural ground elevation that is required to construct the immediate building site for the principal structure, wastewater treatment system and the required access to the residence, and excepting fill materials used for operations and activities of agriculture as defined in § 44-3 of the Code of the Town of New Paltz, additional fill materials placed above the existing natural ground elevation in the floodplain shall not exceed 40 cubic yards per building site, unless otherwise specifically allowed by the Town Building Inspector.
(5)
Individual well water supplies shall be designed and constructed
to prevent any contamination from inundation by floodwaters and a
licensed engineer shall certify that the system was constructed in
accordance with a design approved by the Health Department, or if
such approval is not required, acceptable to the Town Engineer.
(6)
New or replacement on-site subsurface wastewater disposal systems
should be located outside floodplain areas whenever possible, and
those systems that must be located within floodplain areas shall be
elevated such that the minimum ground surface elevation of the on-site
subsurface wastewater disposal system shall be a minimum of three
feet above the base flood elevation (BFE) and a licensed engineer
shall certify that the system was constructed in accordance with a
design approved by the Health Department, or if such approval is not
required, acceptable to the Town Engineer.
(7)
Subsurface wastewater disposal systems shall not be located closer
than 100 feet to the natural bank of a perennial or intermittent stream.
(8)
Residential buildings placed on fill within Zones AE and AH of the
floodplain shall be provided with well-compacted fill materials necessary
to establish a minimum ground elevation at the building's foundation
that is a minimum of 1.0 foot above the base flood elevation (BFE),
and that a minimum slope of 1.5% shall be required for drainage away
from the building foundation for a minimum distance of 25 feet. Minimum
requirements for soil fill compaction shall be 90% maximum dry density
as determined by the Standard Proctor (ASTM D 698) test method. Laboratory
soil density compaction test results shall be submitted to and accepted
by the Building Inspector to demonstrate the required compliance for
fill materials placement.
(9)
Residential buildings placed on fill within Zone A of the floodplain shall be provided with well-compacted fill materials necessary to establish a minimum ground elevation at the building's foundation that is 1.0 foot below the building's floor elevation, said building floor elevation being established at the height specified in the standards and criteria of Chapter 82, Flood Damage Prevention, §§ 82-16 and 82-19 of the Code of the Town of New Paltz. A slope of 1.5% shall be required for drainage away from the building foundation for a minimum distance of 25 feet.
(10)
For the construction of new buildings and/or a substantial improvement
to structures on fill within the floodplain, the volume of fill materials
shall be minimized to the extent practicable, well compacted, and
stabilized in an acceptable manner that will resist wave action.
(11)
The lowest floor of building extensions and additions outside
the footprint of the original building shall be required to be elevated
above the base flood elevation (BFE), as specified herein, or alternatively
floodproofed in the case of nonresidential building extensions and/or
additions.
(12)
Electrical services, heating, ventilation, plumbing, and air
conditioning equipment and other service facilities shall be designed
and located so as to prevent water from entering or accumulating within
the components during conditions of flooding.
(13)
Stormwater management facilities shall be required to ensure
that the rate of runoff discharge from the site does not increase
above predevelopment conditions.
(14)
All manufactured homes must be securely anchored to an adequately
anchored foundation system that resists flotation, collapse and lateral
movement. Methods of anchoring may include, but are not limited to,
use of over-the-top or frame ties to ground anchors. This requirement
is in addition to the applicable state or local anchoring requirements
for resisting wind forces.
H.
Nonconforming uses and structures.
(1)
Except as provided hereinafter with respect to certain uses, any
lawful use of a building, structure, lot or lands located within the
Floodplain District which existed on the effective date of this section,
or which existed at the time of any subsequent amendment thereto which
applied to such use, may be continued indefinitely, regardless of
the change of title, possession or occupancy or right thereof, notwithstanding
that such use of the building, structure, lot or lands does not thereafter
conform to the provisions of this section.[8]
[8]
Editor’s Note: Former Subsection H(2), concerning development
of any unimproved lawfully existing parcel of land in the Floodplain
District which immediately followed this subsection, was repealed
12-8-2015 by L.L. No. 3-2015, which local law also redesignated former
Subsection H(3) through (7) as Subsection H(2) through (6), respectively.
(2)
Lawfully existing parcels of land located within the Floodplain District which are unimproved and which existed on the effective date of this section that are subsequently subdivided for the purpose of creating additional lots must comply with the standards and criteria of this section, Chapter 121 and Chapter 82 of the Code of the Town of New Paltz.[9]
[Amended 12-8-2015 by L.L. No. 3-2015]
[9]
Editor’s Note: Former Subsection H(4), concerning substantial
improvement, which immediately followed this subsection, was repealed
12-8-2015 by L.L. No. 3-2015, which local law also redesignated former
Subsection H(4) through (6) as Subsection H(3) through (5).
(3)
If any existing use or existing structure located within the Floodplain District is substantially damaged, as defined in Subsection C of this section, it shall not be reconstructed except in conformity with the provisions of this section.
(4)
No existing nonconforming dwelling which is located within the Floodplain District shall be enlarged such that the living area of such dwelling, excluding basement, shall be increased unless the enlarged facilities are constructed in compliance with the provisions of this section, with Chapter 82 of the Code of the Town of New Paltz and with the provisions of the New York State Uniform Fire Prevention and Building Code.
[Amended 12-8-2015 by L.L. No. 3-2015]
(5)
All structural alterations and/or additions to existing dwellings
and/or accessory structures located within the Floodplain District
shall be designed in all respects in compliance with the FEMA National
Flood Insurance Program for new construction and the New York State
Uniform Fire Prevention and Building Code[10] standards and requirements at the time of issuance of
a building permit.
[1]
Editor's Note: Section 3 of this local law provided that it
was the legislative intent of this local law to supersede Article
16 of the Town Law, §§ 261 through 285, inclusive,
and any other provision of law that the Town may supersede pursuant
to the Municipal Home Rule Law and the Constitution of the State of
New York.
A.
The Town Board may, after Planning Board review, public
notice and hearing, approve, establish, describe and designate an
R-V Variable-Density Residence District on the Official Zoning Map
of the Town of New Paltz[1] pursuant to sections of the Town Law and amendments thereto. The public hearing upon such application shall be noticed in accordance with Article XVI, Public Hearings, of Chapter 140, Zoning, of the Code of the Town of New Paltz.
[Amended 5-24-2007 by L.L. No. 2-2007]
[1]
Editor's Note: The Zoning Map is included
in a pocket at the end of this volume.
B.
The Planning Board may approve the site plan and development
of a parcel of land for permitted uses in the R-V Variable-Density
Residence District, subject to appropriate conditions and regulations
for such development and the following terms and conditions:
(1)
Location and minimum required acreage of site: 10
acres, except five acres if adaptive reuse of existing building or
structure is proposed.
[Amended 9-10-2003 by L.L. No. 6-2003]
(2)
Application of regulations. Individual uses and structures
in the R-V District need not comply with specific building locations,
height, lot size or open space requirements of the underlying basic
district. The overlay superimposes the regulations for the R-V Variable-Density
Residence District upon the underlying district.
(3)
Use regulations. Permitted principal uses in R-V Districts shall be as set forth in § 140-8A.
[Amended 12-30-1987 by L.L. No. 9-1987]
(4)
Schedule of standards for R-V Districts. Each development
shall meet the following minimum requirements and shall be limited
to the following standards for garden apartment or townhouse structures:
[Amended 9-10-2003 by L.L. No. 6-2003]
|
Element
|
Initial Development
|
Per Dwelling Unit
| |
|---|---|---|---|
|
Minimum lot area
|
10 acres*
|
2,500 square feet for 0 bedrooms
| |
|
3,000 square feet for 1 bedroom
| |||
|
4,000 square feet for 2 bedrooms
| |||
|
5,000 square feet for 3 bedrooms
| |||
|
6,000 square feet for 4 bedrooms
| |||
|
Lot width
|
300 feet
| ||
|
Lot depth
|
500 feet
| ||
|
Frontage on arterial or collector road
|
200 feet
| ||
|
Front setback (all buildings)
|
75 feet**
| ||
|
Setback from side and/or rear lot lines (all
buildings)
|
75 feet, except 100 feet when adjoining a single-family
residence district***
| ||
|
Minimum distance between buildings
|
Twice the average height of the 2 buildings
measured from finished grade at their closest points
| ||
|
Maximum height of principal buildings
|
35 feet (2 1/2 stories)
| ||
|
Maximum height of accessory buildings
|
15 feet
| ||
|
Maximum building coverage
|
15%
| ||
|
Required off-street parking
|
1 1/4 spaces, plus 1/4 space per bedroom, of
which at least 1 space shall be open-air parking
| ||
|
Minimum right-of-way of principal internal streets
|
60 feet
| ||
|
Minimum paved width of principal internal streets
|
24 feet
| ||
|
Minimum area devoted to active recreation and
playground purposes
|
500 square feet per bedroom or studio apartment
| ||
|
Street trees in parking areas
|
1 tree per 10 parking spaces
| ||
|
Street trees in roadways
|
1 tree on each side of road every 50 feet
| ||
|
Open space, (including recreation, playground
and conservation area)
|
45% of site
|
|
NOTES:
*May be reduced by the Planning Board for an adaptive reuse pursuant to § 140-20B(5)(d) as necessary, but at least five acres shall be provided
**May be reduced by the Planning Board for an adaptive reuse pursuant to § 140-20B(5)(d) as necessary, but at least five feet shall be provided
***May be reduced by the Planning Board for an adaptive reuse pursuant to § 140-20B(5)(d) as necessary, but at least five feet shall be provided, except that 25 feet shall be provided along any boundary adjoining an existing single-family residence or residential district
|
(5)
Performance standards.
(a)
General standards. The following general standards
are hereby adopted for a control of uses in any R-V Variable-Density
Residence District, and no use shall be permitted, established or
maintained or conducted therein which shall cause or be likely to
cause:
[1]
Any pollution by discharge of any waste material
whatsoever or any water pollution.
[2]
Excessive smoking, fumes, gas, dust, odor or
any other atmospheric pollution beyond the boundaries of the lot wherein
such uses are located. What smoke is excessive will be determined
according to Ringelmann's Scale for Grading the Density of Smoke,
published by the United States Bureau of Mines, when the shade or
appearance of such smoke is darker than No. 2 on said Ringelmann Smoke
Chart.
[3]
Discharge of any waste material whatsoever into
any sanitary disposal system or sewage system, except only in accordance
with the rules of and under the control of public health authorities
or the the public body controlling such sewage system.
[4]
Any other nuisance harmful to persons or property.
(b)
Specific standards. The following specific standards
are hereby adopted and must be complied with for and by any use in
any R-V Variable-Density Residence District and before the same is
permitted, established, maintained or conducted:
[1]
Landscaping. It is hereby declared that all
areas of the plot not occupied by buildings, parking, driveways or
walkways or storage shall be landscaped attractively with lawn, trees,
shrubs or other plant material. Such landscaping shall take into consideration
the natural growth presently on the premises and the nature and condition
of the terrain as well as the situation of the lands and premises
themselves and with regard to adjoining lands and premises.
[2]
Fences and walls. Property that is adjacent
to a residential or business district shall be provided along said
property line with a wall, fence, compact evergreen hedge or landscaped
strip of trees and shrubs so designed as to form a visual screen not
less than six feet high at time of planting. Except for landscaped
areas and parking areas, a use which is not conducted within a completely
enclosed building shall be screened by a six-foot solid masonry wall,
chain link fence covered with evergreen vine or compact evergreen
hedge. Where a front yard adjoins a street, the wall, fence or hedge
shall be located no closer to the street than the depth of the required
yard.
[4]
Buffer strip. In addition to the fences and
walls, the entire district must be separated along its outside boundary
from any adjoining residential zones by a buffer strip, suitably landscaped,
at least 100 feet wide, except that when an adaptive reuse is proposed,
the Planning Board may, in appropriate circumstances, reduce the buffer
area required along any boundary of the site plan that adjoins an
existing residence where suitable landscaping and/or fencing is provided
to buffer the existing residential use and the owner(s) of the property
containing the residence(s) give written consent to the reduction
of the buffer area otherwise required, in which case a minimum of
five feet of buffer so improved shall be provided.
[Amended 9-10-2003 by L.L. No. 6-2003]
[5]
Streets and/or roads. All streets in the Variable-Density
Residential Development shall meet the standards set forth for Town
roads in the Road and Drainage Specifications and Standards for the
Town of New Paltz and shall be suitable for dedication to the public.
The Planning Board shall designate the major circulation system and
shall differentiate it from parking areas and driveways by requiring
that the system be indicated as streets and/or roads.
[6]
Placement of utilities. Utilities shall be placed
underground and shall be situated, to the extent possible, between
the paved roadway and designated street line or in community areas
to simplify location and repair of the lines. Wherever possible, utilities
should be routed around structures, paved areas and private areas.
[7]
Other utilities and facilities. All utilities,
facilities and amenities as normally required under site plan review,
to include but not to be limited to sidewalks, storm drainage facilities,
curbs, gutters, solid waste disposal facilities, lighting, signs,
recreation facilities, parking, trees and landscaping, shall be reviewed
and approved by the Planning Board after recommendations of its consultants.
(c)
Water supply and sewerage. Each dwelling unit
shall be served by municipal water supply facilities and wastewater
treatment facilities as approved by the appropriate state and municipal
agencies and the County Health Department.
(d)
Adaptive reuse of buildings or structures located
within a Residential Variable (R-V) District shall be permitted following
review and approval of a site plan for such use by the Planning Board.
Upon finding that the particular circumstances of a proposed use are
such that the adaptive reuse of an existing building for a proposed
use will adequately be buffered from adjoining lands and uses by topography,
existing or proposed buffer areas or other circumstances, that the
existing building or structure is so situated with respect to existing
or proposed lot lines and adjoining properties that it requires reduction
of lot area and other dimensional requirements of this chapter and
that the objectives of this chapter will be met by doing so, the Planning
Board may, in its discretion, reduce the lot area, required yards
and setbacks otherwise required in the R-V District as follows, provided
that such reduction shall be the minimum reduction required by the
circumstances of the proposed use and not less than the minimum requirement
for an adaptive reuse:
[Added 9-10-2003 by L.L. No. 6-2003]
|
Dimension
|
Adaptive Reuse Requirement
| |
|---|---|---|
|
Minimum lot area
|
5 acres
| |
|
Front yard setback
|
75 feet*
| |
|
Setback from side and/or rear lot lines (all
buildings)
|
75 feet**
|
|
Notes:
*May be reduced by the Planning Board as necessary,
but at least five feet shall be provided
**May be reduced by the Planning Board as necessary,
but at least five feet shall be provided, except that 25 feet shall
be provided along any boundary adjoining an existing single-family
residence or residential district.
|
(6)
Area and bulk regulations. Area and bulk requirements shall be in compliance with those for R-V Variable-Density Residence Districts as set forth in Subsection B(4) of this section.
(7)
The Planning Board, upon review of the proposed development,
may prescribe such additional conditions as are, in its opinion, necessary
to secure the objectives of this chapter.
C.
Procedure. The same procedure as per § 140-18G shall he followed in the application for and approval of R-V Variable-Density Residence Districts.
D.
Security for landscaping, drainage and excavation
work. In addition to such security as may otherwise be required by
provisions of the Town Code to secure performance of the developer’s
obligations, security, in the form of an irrevocable letter of credit
or other surety specified in § 277(9)(c) of the Town Law,
acceptable to the Town Board and the Attorney for the Town as to form,
sufficiency and manner of execution, and a written security agreement,
shall be required for landscaping and drainage of community areas
and shall be sufficient in amount, as determined by the Town Planning
Board, to return this land to its natural form should the developer
default in the excavation or landscaping stages of the development.
The security shall be posted with the Town official prior to the issuance
of any building permit for buildings or structures on that land. Twenty
percent of the amount secured may be retained for one year after the
date of issuance of a certificate of occupancy for the building(s)
or structure(s) as a maintenance bond for those improvements and shall
be returned to the developer if the improvements have been maintained
in satisfactory condition during that period.
[Amended 9-10-2003 by L.L. No. 6-2003]
E.
Maintenance of community areas. The applicant shall
submit a written program for the maintenance of any community areas
such as open space, landscaping, recreation areas, lawns, walkways,
driveways, parking areas and all utilities and facilities. This program
shall indicate on whom the responsibility falls for the maintenance
program and demonstrate how the responsibility will be legally bound
upon that party. Community areas may be dedicated to the Town by the
applicant at the discretion and upon approval of owners and approval
and acceptance by the Town Board.
[Amended 4-26-1978 by L.L. No. 5-1978; 7-11-1979 by L.L. No. 1-1979; 4-25-1984 by L.L. No. 3-1984]
A.
Intent and purpose.
(1)
It is the purpose of the Mobile Home Neighborhood
District to provide for planned mobile home residential developments,
including related recreational and related service facilities. It
is further the purpose to establish sites at appropriate locations
within the Town of New Paltz in relation to existing and potential
development areas and in relation to other uses and community facilities.
(2)
It is the intent of the Mobile Home Neighborhood District
to offer the maximum amount of freedom possible in the design of mobile
home neighborhoods, to encourage the development of comprehensive
bicycle and pedestrian circulation networks, to provide the amenities
normally associated with planned residential areas and to promote
the health, safety and general welfare of the present and future inhabitants
of the Town of New Paltz.
(3)
The fact that an application complies with all specific
requirements and purposes set forth herein shall not be deemed to
create a presumption that the application is, in fact, compatible
with surrounding land uses and in itself shall not be sufficient to
require the granting of any application.
B.
COLLECTOR STREET
DOUBLE-WIDE MOBILE HOME
LICENSEE
LOCAL STREET
MOBILE HOME
(1)
(2)
(3)
(4)
MOBILE HOME LOT
MOBILE HOME NEIGHBORHOOD
MOBILE HOME STAND
SINGLE-WIDE MOBILE HOME
Definitions. As used in this section, the following
terms shall have the meanings indicated:
A street which collects traffic from local streets and connects
with the New York State or Ulster County highway upon which the Mobile
Home Neighborhood District has frontage.
[Added 5-23-1991 by L.L. No. 3-1991]
A mobile home constructed on two separate chassis and designed
to be joined together to form a single dwelling.
[Amended 5-23-1991 by L.L. No. 3-1991]
Any person, firm, trust, partnership, association or corporation
licensed to operate and maintain a mobile home neighborhood under
the provisions of this section.
A street designed to provide access to abutting property
within the Mobile Home Neighborhood District and to discourage through
traffic.
[Added 5-23-1991 by L.L. No. 3-1991]
[Amended 5-23-1991 by L.L. No. 3-1991]
A structure, transportable in one or more sections,
which is more than eight body feet in width, is more than 36 body
feet in length in the traveling mode or contains 600 or more square
feet in interior space when erected on site, and which is built on
a permanent chassis and designed to be used as a dwelling, with or
without permanent foundation, when connected to the required utilities,
and includes the plumbing, heating, air-conditioning and electrical
systems contained therein. Such "mobile home" shall also meet the
following:
Construction standards. Mobile homes shall be constructed in accordance with regulations set forth in the Code of Federal Regulations (CFR), Title 24, Housing and Urban Development, Chapter 20, Office of Assistant Secretary of Housing and Urban Development and Part 3280, Mobile Home Construction and Safety Standards.
Data plate. Every mobile home shall bear a data
plate affixed in the manufacturing facility bearing not less than
the following information:
The following statement: "This mobile home is
designed to comply with the federal mobile home construction and safety
standards in force at the time of manufacture"; provided, however,
that for the purposes of this chapter and notwithstanding that such
data plate so affixed bears such information or statement, every mobile
home must be constructed in accordance with the regulations set forth
in the foregoing Subsection B(1) of this definition.
Reference to the structural zone and wind zone
for which the home is designed.
An area of land within a mobile home neighborhood designed
and designated for the siting of one mobile home.
A residential development intended to accommodate mobile
homes as defined herein and including various facilities for the service
of the residents.
A durable surface located on a mobile home lot which is to
be used for the placement of and is capable of supporting a mobile
home.
A mobile home constructed on a single chassis to form a single
dwelling.
[Added 5-23-1991 by L.L. No. 3-1991]
C.
Mobile home neighborhood locational requirements.
(1)
Establishment of a Mobile Home Neighborhood District.
The Town Board may, after Planning Board review, public notice and
hearing, approve, establish, describe and designate a Mobile Home
Neighborhood District on the Official Zoning Map of the Town of New
Paltz[1] pursuant to sections of the Town Zoning Law and amendments thereto. The same rezoning procedure as per § 140-18G of this chapter shall be followed in the application for an approval of a Mobile Home Neighborhood District. The public hearing upon such application shall be noticed in accordance with Article XVI, Public Hearings, of Chapter 140, Zoning, of the Code of the Town of New Paltz.
[Amended 5-24-2007 by L.L. No. 2-2007]
[1]
Editor's Note: The Zoning Map is included
in a pocket at the end of the volume.
(2)
Locational requirements.
(a)
Zoning districts. The location of a Mobile Home
Neighborhood District shall be limited to the Agriculture 1.5 (A-1.5),
Agriculture 3 (A-3) and the Residence (R-1) Districts of the Town
of New Paltz.
(b)
Community facilities. Essential community facilities
and services for the mobile home neighborhood, such as employment,
shopping, schools, recreation areas and police and fire protection,
shall be reasonably accessible.
(c)
Impact to surrounding properties. The uses will
not be detrimental to present and potential surrounding uses but will
have a beneficial effect which could be achieved under any other district.
(d)
Streets. Existing and proposed streets are suitable
and adequate to carry anticipated traffic within the proposed development
and in the vicinity of the proposed district.
(e)
Utilities. Existing and proposed utility services
are adequate for the proposed development, and such utility services
shall be placed underground.
(f)
Development phasing. Each phase of the proposed
development, as it is proposed to be completed, shall contain the
required parking, landscape plantings, recreational areas and utility
services necessary for creating and sustaining a desirable and stable
environment.
(g)
Nonresidential development. Any nonresidential
use of the property shall be subordinate to the residential use of
and character of the property.
(h)
Highway frontage. A mobile home neighborhood
shall have frontage on and direct access to a New York State highway
or Ulster County highway.
D.
Required license for a mobile home neighborhood.
(1)
Annual license requirement. It shall be unlawful within
the Town of New Paltz for any person or persons to construct or operate
a mobile home neighborhood without first securing a license annually
from the Town Board and complying with the regulations of this section.
(2)
License fees. The application for annual license or
the renewal thereof shall be filed with the Town Clerk and shall be
accompanied by a nonrefundable fee as set forth from time to time
by resolution of the Town Board. The fee for an annual license shall
be the same as that for an initial application. Thereafter, each mobile
home shall be assessed on the tax rolls of the Town of New Paltz against
the owner(s) of the mobile home neighborhood development. In addition,
an inspection fee as set forth from time to time by resolution of
the Town Board will be charged, for the purpose of compliance with
this section or any other applicable local law or ordinance, prior
to the issuance of a certificate of occupancy. Such fee shall apply
to the initial installation of units or the replacement of such units
as determined by the Building Inspector.
[Amended 12-30-1987 by L.L. No. 9-1987]
(3)
Application requirements. The application for a license
or renewal thereof shall be made on forms prescribed by the Town Board
and shall include the name and address of the fee owner of the property.
In the event that the fee is vested in some person other than the
applicant, the application shall be submitted together with a duly
verified statement by the owner in fee that the applicant is authorized
by him/her to construct and maintain the mobile home neighborhood.
Each license or renewal thereof shall expire on the 31st day of December
following the issuance thereof.[2]
[2]
Editor's Note: Former Subsection D(4), Nonconforming
mobile homes, which immediately followed this subsection, was repealed
5-23-1991 by L.L. No. 3-1991.
E.
Application procedure for a license.
(1)
Application preparation/content. Application for a
mobile home neighborhood license shall be accompanied by three sets
of plans prepared by a licensed landscape architect, architect, engineer
or land surveyor, shall be filed with the Town Clerk and shall include
the following:
(a)
The name and address of the applicant.
(b)
The location and legal description of the proposed
mobile home neighborhood site.
(c)
A complete plan of the Mobile Home Neighborhood
in conformity with the requirements of this section, including but
not limited to the square footage for each lot shown and the maximum
unit size which each lot is designed to accommodate, together with
all required setbacks as required for each lot pursuant to the provisions
of this section.
[Amended 5-23-1991 by L.L. No. 3-1991]
(d)
Plans and specifications of all improvements
and facilities constructed or to be constructed within the mobile
home neighborhood.
(e)
Such further information as may be requested
by the Town Board to enable a proper determination if the proposed
mobile home neighborhood will comply with all legal requirements.
(2)
Application filing. The application and all accompanying
plans and specifications shall be filed in triplicate. The Town Clerk
shall deliver two copies to the Town Planning Board, which said Board
shall review the application. If the proposed mobile home neighborhood
will, when constructed in accordance with such plans and specifications,
be in accordance with all provisions of this section and all other
applicable local laws, ordinances or statutes, also including state,
federal and county laws, the Planning Board shall approve the application
and deliver the same to the Town Board for review and approval. Upon
the completion of the mobile home neighborhood in accordance with
the plans and specifications, the Town Clerk shall issue a license
upon order of the Town Board.
(3)
Application for license renewal. Upon application,
in writing, to the Town Clerk by a licensee for renewal of a license
and upon payment of the annual license fee, the Town Board shall order
an inspection of the mobile home neighborhood by the Building Inspector,
and if it is still in compliance with the applicable local laws and
ordinances, a report shall be made to the Town Board. By order of
the Town Board, the Town Clerk shall issue a certificate renewing
such license for another year.
F.
Mobile home neighborhood design standards.
(1)
Site development.
(a)
Minimum site size. Mobile home neighborhoods
shall be located on well-drained sites comprising a minimum of 10
acres.
(b)
Grading. The site shall be properly graded to
ensure rapid drainage so that no portion of the site is subject to
predictable sudden flooding or erosion.
(c)
Minimum frontage. Where no secondary access
is provided, the site shall have a minimum of 300 feet of frontage
on the highway providing primary access to the site.
(d)
Minimum setbacks. Subject to the additional
requirements of this section, no mobile home, mobile home accessory
building, mobile home neighborhood office or service building shall
be located within:
[Amended 5-23-1991 by L.L. No. 3-1991]
[1]
One hundred feet measured at right angles to the center line of any highway serving as the primary access to the mobile home neighborhood, as the term "primary access" is defined pursuant to the provisions contained at Subsection F(3)(e) of this section.
[2]
Seventy-five feet of any adjoining property
line boundary of any lot, parcel or plot of land upon which there
is erected, in whole or in part, any building or structure used or
intended to be used primarily as a residence as of the date upon which
an application is filed as provided for pursuant to the provisions
of this section for the granting of a mobile home neighborhood license.
[3]
Seventy-five feet of any adjoining property
line boundary of any lot, parcel or plot of land shown upon any subdivision
plat lawfully approved and filed in the office of the Clerk of the
County of Ulster as of the date upon which an application is filed
as provided for pursuant to the provisions of this section for the
granting of a mobile home neighborhood license.
[4]
Fifty feet of any adjoining property line boundary of any lot, parcel or plot of land not otherwise described in Subsection F(1)(d)[2] and/or [3] above.
(e)
Rent/ownership.
[1]
The lands lying wholly within the perimeter
boundaries of any proposed or established Mobile Home Neighborhood
District:
[a]
Shall be held in single ownership
and shall consist of separately dimensioned, individual lots, collectively
held in single ownership and used entirely for rental purposes only;
or
[2]
In no event shall both of the foregoing types
of use be permitted simultaneously within the geographical boundaries
of any one proposed or established Mobile Home Neighborhood District.
[3]
The transfer of title of all or any portion
of such lands by the owner(s) thereof not in accordance with the provisions
of this subsection shall constitute a violation of this section.
(2)
Density/lot standards.
(a)
Lot density/lot setbacks. Each mobile home neighborhood
shall be designed to accommodate separately identified mobile home
lots as follows:
[1]
The minimum lot area for each unit to be placed
shall be calculated pursuant to the provisions of this subsection.
In determining compliance with the following square footage requirements
for each lot within the mobile home neighborhood, the area shall be
the square footage lying within the perimeter of the lot lines for
each separate lot, and, for purposes of this section, lot lines shall
run to and shall be coincident with the edge of pavement of the street
or streets upon which each abuts.
[Amended 5-23-1991 by L.L. No. 3-1991]
[a]
The minimum lot area for each unit
to be placed shall be 7,800 square feet.
[2]
Maximum number of units per gross acre: 4.5.
[3]
Minimum front yard setback requirements. No
mobile home nor any portion thereof shall be erected nearer than 55
feet measured at right angles to the center line of any collector
street access to all or any portion of the Mobile Home Neighborhood
District or to the lot upon which such mobile home is or shall be
erected.
[Amended 5-23-1991 by L.L. No. 3-1991]
[4]
In any case where the front portion of any mobile
home is to be erected at an angle less than 30º measured at right
angles to the center line of any roadway, no such mobile home nor
any portion thereof shall be erected nearer than 15 feet to any side
lot line of the lot whereon such mobile home shall be erected.
[Amended 5-23-1991 by L.L. No. 3-1991]
[5]
In any case where the front portion of any mobile
home is to be erected at any angle more than 30º measured at
right angles to the center line of any roadway, no such mobile home
nor any portion thereof shall be erected nearer than 50 feet to any
side lot line of the lot whereon such mobile home is or shall be erected.
[Amended 5-23-1991 by L.L. No. 3-1991]
[6]
No mobile home nor any portion thereof shall
be erected nearer than 50 feet measured at right angles to the rear
lot line of the lot whereon such mobile home is or shall be erected;
provided, however, that the area covered by any porch, deck, ramp
or similar attached contrivance or device, including any attached
storage area, shall be exempt for the purpose of calculating the distance
to the rear lot line provided for by the provisions of this subsection.
[Amended 5-23-1991 by L.L. No. 3-1991]
[7]
No detached utility building, storage shed or
similar accessory structure, including but not limited to those accessory
structures commonly referred to as "barbecue pits," "plat sets," "swing
sets" or the like, shall be erected or installed nearer than 10 feet
measured at right angles to the rear lot line or to any side lot line,
and in no event shall any utility building, storage shed or accessory
structure, contrivance or device as set forth above be installed or
erected within any area comprising all or any portion of the front
yard.
[Added 5-23-1991 by L.L. No. 3-1991]
[8]
No mobile home nor any portion thereof shall
be erected nearer than 47 feet measured at right angles to the center
line of any local street providing access to all or any portion of
the mobile home neighborhood or to the lot upon which such mobile
home is or shall be erected.
[Added 5-23-1991 by L.L. No. 3-1991]
(b)
Mobile homes installed within a Mobile Home
Neighborhood District shall be installed in compliance with the applicable
provisions of Title 9, Article 3, of the Uniform Fire Prevention and
Building Code of the State of New York.
[Amended 5-23-1991 by L.L. No. 3-1991]
(c)
Each mobile home lot shall be improved to provide
an adequate stand for the placement and tie-down of the mobile home,
thereby securing the structure against uplift, sliding, rotation and
overturning.
(d)
There shall be a longitudinal gradient of 0%
to a maximum of 5% and an adequate crown or cross-gradient for surface
drainage.
(e)
Each mobile home stand shall consist of a foundation
designed for support of a mobile home so as to prevent heaving, shifting
and uneven settling in the form of either:
[Amended 5-23-1991 by L.L. No. 3-1991]
[1]
A full concrete pad, including concrete piers
or equivalent, extending a minimum of 42 inches below ground level
at a minimum of every eight feet for the entire length of the mobile
home;
[2]
Perimeter foundation walks having a minimum
of eight inches in width and 42 inches in depth; or
[3]
Lateral runners of a minimum of 16 inches by
36 inches spaced every eight feet for the entire length of the mobile
home.
(f)
The structural frame of each mobile home shall
be attached to the foundation in not less than six places, located
in accordance with good engineering practice. Each attaching device
shall be capable of withstanding a tension force of at least 2,800
pounds and shall be designed so as to secure the mobile home against
uplift, sliding, rotation and overturning.
(g)
Each mobile home foundation shall be enclosed
by a skirt securely fastened and extending from the outside wall of
the mobile home to ground level around the entire perimeter of the
mobile home. The skirt shall be constructed of sturdy wood, plastic,
masonry or metal material, rigid, solid and nontransparent: a consistent
material in color harmony with each unit and capable of withstanding
extreme weather conditions over extended periods of time. No skirt
shall be required where a perimeter foundation fully encloses the
area between the unit and the ground level. Such skirt shall be installed
within 10 days after placement of the mobile home on the foundation.
(h)
Mobile home lot access. All designated lots
within a mobile home neighborhood shall have direct access to streets
designed to Town of New Paltz specifications and to be approved by
the Town Superintendent of Highways.
(i)
Refuse receptacles. Adequate refuse receptacles
with tight-fitting covers shall be provided for each mobile home unit.
These receptacles shall be kept in sanitary condition and emptied
weekly by the licensee or his/her agent.
(j)
Required parking. Two off-street parking spaces
shall be provided for each mobile home, with one additional space
for each four mobile homes. Every parking space shall be at least
10 feet in width and 20 feet in length and shall have adequate provision
for maneuvering and for passage to and from streets.
(k)
Mobile home neighborhood caretaker. Each mobile
home neighborhood licensee shall provide on-site at all times a duly
authorized attendant or caretaker who shall be in charge at all times
in keeping the mobile home neighborhood and its facilities and equipment
in a clean, orderly and sanitary condition. The attendant or caretaker
shall be answerable, with the licensee, for the violation of any provision
of this section to which the licensee is subject.
(l)
Mobile home unit expansion. Any mobile home
unit, whether it is a single-wide or partial double-wide unit, may
be expanded to a maximum size of twice the original single-wide unit;
however:
[1]
The increase must be of a standard mobile home
unit expansion type.
[2]
Any expansion must conform to the minimum unit
separation.
[3]
Any expansion must receive site plan approval
from the Town of New Paltz prior to the issuance of a building permit
for such mobile home unit expansion.
[4]
Any single-wide unit proposed for expansion
shall have a minimum lot area equal to that of a double-wide unit
as specified herein.
(m)
Open space/landscape plantings. All areas of
the site not occupied by buildings, units, parking areas, driveways
or walkways shall be maintained as lawn area with landscape plantings
of trees and shrubs or as natural areas as follows:
[1]
All margins along the front, side and rear property
lines of the mobile home neighborhood site shall be planted with evergreen
or deciduous trees in a mass planting or hedgerow for the purpose
of visual screening and noise abatement. Such plantings shall be provided
to the extent needed in order to provide for the screening of objectionable
views, adequate shade and suitable settings for the mobile home and
other facilities as approved by the Town of New Paltz.
[2]
The design of individual sites shall take into
consideration the natural growth presently on the site and the nature
and condition of the terrain as well as the relationship of the site
itself with respect to adjoining lands. Screening and/or landscape
plantings for such individual sites shall be provided as deemed necessary
by the Town of New Paltz.
(n)
Utilities. Each individual mobile home unit
shall be served by municipal or private central water supply facilities
and wastewater treatment facilities as approved by the appropriate
state and municipal agencies and the Ulster County Health Department.
[1]
An adequate supply of pure water for drinking
and domestic purposes shall be supplied by pipes to all mobile home
lots and buildings within the neighborhood to meet the requirements
of the neighborhood.
[2]
Each mobile home lot shall be provided with
a sewer which shall be connected to the mobile home situated on the
lot to receive the waste from the shower, tub, flush toilets, lavatory
and kitchen sink in such home. The sewer shall be connected to a public
or private sewer system so as not to present a health hazard. Sewer
connections in unoccupied lots shall be so sealed as to prevent the
emission of any odors and the creation of breeding places for insects.
[3]
Plumbing connections to each mobile home shall
comply with all regulations of the New York State Plumbing Code.
[4]
Weatherproof electrical service connections
and outlets shall be of a type approved by the New York State Board
of Fire Underwriters.
[5]
At least one public telephone or access to office
phone shall be required.
(o)
Required storage space. Storage space within
a building shall be provided in an amount equal to at least 80 cubic
feet for each mobile home lot in the mobile home neighborhood.
(p)
Required recreation area. A recreation area
shall be incorporated into the design of the mobile home neighborhood
to be of a minimum of 1,000 square feet per mobile home unit with
appropriate facilities to satisfy the needs of the neighborhood residents.
[1]
Such recreation area shall have at least one
common area of a minimum of 5,000 square feet, and the Town of New
Paltz may establish such conditions on the ownership, use and maintenance
of this area as it deems necessary to assure the preservation of the
recreation area for its intended purpose.
[2]
The Town of New Paltz shall also have the authority
to require the location within any proposed Mobile Home Neighborhood
District of a community recreation and service building and, consistent
with such authority, may require that such building contain certain
designated facilities, including among them but not being limited
to laundry facilities, public telephone, recreational facilities,
meeting room and rest rooms.
[3]
If the Planning Board and/or the Town Board
finds that, due to size, topography or location of the Mobile Home
Neighborhood District, land for parks, open spaces, playground or
other recreational purposes cannot be properly located therein or
that same are not desirable, the appropriate Board shall require,
prior to approval and filing of the proposed plan, that a payment
to the Town of New Paltz recreation trust fund be made in an amount
equal to $100 per mobile home lot within the Mobile Home Neighborhood
District being considered for approval. Such amount shall be paid
to the Town of New Paltz at the time that final approval of the plan
is made, and no such plan shall be finally approved nor filed until
such payment has been made.
(q)
Pedestrian. Pedestrianways shall form a logical,
safe and convenient system of pedestrian access to all project facilities.
(r)
Snow removal. The licensee shall be responsible
for snow removal from the mobile home neighborhood site to the public
highway.
(s)
Site lighting. Streetlighting shall be provided
at all entrances and exits to the mobile home neighborhood and on
all internal streets, intersections, walkways and common areas. Such
lighting shall provide an illumination of 0.6 footcandle to those
areas.
(t)
Fire protection.
[1]
A mobile home neighborhood shall be provided
with suitable and operable fire extinguishers and other fire alarm
and protection devices as may be prescribed by the fire district wherein
said mobile home neighborhood is located. There shall be clear numbering
of mobile homes within the mobile home neighborhood, with a layout
map provided to the fire and disaster coordinator and to ambulance
and police agencies. Water supplies should be adequate as determined
by the County Fire Coordinator to permit the effective operation of
at least two one-and-one-half-inch hose streams on any fire in a mobile
home neighborhood, whether the supply is derived from hydrants connected
to an underground water supply system or reservoir or a water supply
source of not less than 6,000 gallons suitably accessible for Fire
Department drafting operations.
[2]
Smoke detectors shall be installed and operable
in all mobile homes not so equipped prior to occupancy of such mobile
home.
(3)
Circulation/access.
(a)
Primary access. Each mobile home neighborhood
shall be accessible from an existing state or county highway.
(b)
Where a mobile home neighborhood has more than
24 mobile home units, two points of entry and exit shall be provided,
shall be separated by a minimum of 200 feet and shall be designed
as follows:
[1]
Such entrances and exits shall be designed and
strategically located for the safe and convenient movement into and
out of the neighborhood and to minimize friction with the free movement
of traffic on a public highway.
[2]
All entrances and exits shall be at right angles
to the existing public highway.
[3]
All entrances and exits shall be free of any
material which would impede the visibility of the driver on a public
highway.
[4]
All entrances and exits shall be of sufficient
width to facilitate the turning movements of vehicles with mobile
homes attached.
(c)
Street standards. Each neighborhood shall have
a street or streets provided with a smooth, hard and dust-free surface
which shall be durable and well-drained under normal use and weather
conditions to provide for the convenient accessibility to all mobile
home lots and other important facilities within the neighborhood.
(e)
Primary access. Primary access of the entire
mobile home neighborhood shall be provided by the one or two points
of entry and exit directly to the New York State or Ulster County
highway upon which the mobile home neighborhood has frontage.
[1]
Such access shall be so designed as to not direct
mobile home neighborhood traffic to use abutting Town highways, unless
otherwise approved by the Town of New Paltz.
[2]
Access to such abutting Town highways may be
permitted for the primary purpose of providing emergency vehicle access,
unless otherwise approved by the Town of New Paltz.
(f)
Secondary access. Access connections to improved
Town highways abutting the mobile home neighborhood site are not permitted
to be made to Town highways which were constructed as a result of
subdivision approval by the Town of New Paltz Planning Board since
the adoption of Land Subdivision Regulations by the Town of New Paltz
in 1965.[4] The location and design regarding access to any other
Town highway shall be determined as a result of the Town's site plan
review and approval procedure and shall be subject to such review
and approval by the Planning Board and Town Board of the Town of New
Paltz.
G.
Performance bonds; maintenance.
(1)
Performance bonds. Prior to the issuance of a license
or renewal thereof for the operation of a mobile home neighborhood,
a certificate by the Town Clerk shall be submitted certifying that
the applicant has complied with one of the following;
(a)
That all public improvements have been installed
to the satisfaction of the Town Engineer or any other official or
body authorized by law to act in accordance with the requirements
as specified herein; or
(b)
That a performance bond or certified check has
been posted in a sufficient amount to assure such completion of all
required improvements and is available to the Town of New Paltz.
(2)
Maintenance. It shall be the responsibility of the
licensee, through the on-site caretaker or attendant, to adequately
maintain the mobile home neighborhood at all times. If, however, in
an emergency situation, it is necessary for the Town of New Paltz
to perform such maintenance, it shall be performed as authorized by
the Town Board, and all costs incurred in the performance of such
maintenance shall be reimbursed to the Town of New Paltz by the licensee.
H.
Mobile home neighborhood inspection. Before any neighborhood
commences operation, the Building Inspector shall make an inspection
of the premises to determine that all requirements of this section
have been met and issue a certificate of occupancy. No uses shall
be permitted until such a certificate has been issued.
I.
Revocation of license.
(1)
Inspection authorization. The Town Board shall have
the authority to enter and inspect, for health, sanitary and other
provisions of this section, any facility licensed hereunder at any
reasonable time.
(2)
Violations. If, upon inspection, it is found that
the licensee has violated any provision of this section, the Town
Board shall have the authority to suspend such license and order the
mobile home neighborhood closed after notice and an opportunity to
be heard. The licensee shall be notified by the Town Board of the
nature of the violation, and the Town Board shall set the time by
which the violation shall be remedied and the action(s) to be taken
if the violation is not corrected.
[Amended 4-26-1978 by L.L. No. 4-1978]
A.
It is the purpose of the Planned Commercial Park District
(PCP) to provide locations for moderate-intensity office/commercial
buildings in areas outside of the central business corridor. It is
intended that moderate-intensity office/commercial buildings may be
permitted as an alternative use in those areas designated as I-1 Light
Industry on the Town of New Paltz Zoning Map[1] which will not have an adverse impact on the adjoining
neighborhood.
[1]
Editor's Note: The Zoning Map is included
in a pocket at the end of this volume.
B.
The fact that an application complies with all specific
requirements and purposes set forth herein shall not be deemed to
create a presumption that the application is, in fact, compatible
with surrounding land uses and in itself shall not be sufficient to
require the granting of any application.
C.
The Town Board may, after Planning Board review, public
notice and hearing, approve, establish, describe and designate a Planned
Commercial Park District on the Official Zoning Map of the Town of
New Paltz[2] pursuant to the Town Law and amendments thereto. The public hearing upon such application shall be noticed in accordance with Article XVI, Public Hearings, of Chapter 140, Zoning, of the Code of the Town of New Paltz.
[Amended 5-24-2007 by L.L. No. 2-2007]
[2]
Editor's Note: The Zoning Map is included
in a pocket at the end of this volume.
D.
The Planned Commercial Park District shall be applicable
to designated I-1 Light Industry Districts where the applicant can
demonstrate that the characteristics of the lands in question will
meet the intent of this section.[3]
[3]
Editor's Note: Former Section VO2, Minimum
site size, which immediately followed this subsection, was deleted
12-30-1987 by L.L. No. 9-1987.
E.
Permitted uses shall be as follows:
(1)
Office buildings and use of structures for general
office purposes. "General office purposes" shall include offices of
professional persons, such as doctors, lawyers and landscape architects;
general business offices, such as the offices of insurance companies,
trade associations, manufacturing companies, investment concerns,
banks and trust companies, real estate companies, etc. However, "general
office purposes" shall not include any kind of retail or wholesale
store or warehouse except as otherwise provided herein.
(2)
Hotels or motels.
(3)
Hospitals or convalescent homes.
(4)
Medical and dental centers or clinics and professional pharmacies or laboratories located therein, provided that such pharmacy or laboratory shall be subject to the conditions imposed by Subsection I of this section.
(5)
Publicly owned and operated buildings and uses, including
community buildings for meetings, conventions, exhibitions, public
parks, playgrounds and recreational areas.
(6)
Government buildings or governmental uses.
(7)
Indoor recreational facilities.
G.
Design elements shall be as follows:
(1)
Minimum site area: 10 acres.
(2)
Minimum lot width: 500 feet.
(3)
Front setback for all buildings: 75 feet.
(4)
Setback from side and/or rear lot lines: 50 feet.
(5)
Maximum lot coverage, building or structural: 30%.
(6)
Maximum building height: three stories or 40 feet,
whichever is greater.
(7)
Sewer and water: No land shall be classified in the
Planned Commercial Park District unless it is proposed for sanitary
sewage and water service, per all requirements of the Health Department
and any other applicable agency. In addition, if and when a Town sewer
district or a Town water district is formed or expanded, the Planned
Commercial Park will become part of said district without cost to
the Town of New Paltz and at the sole cost and expense of the developer.
(8)
Vehicular access shall be allowed at a maximum of
two locations along the frontage of the parcel, except in the case
of an exceptionally large holding wherein the traffic circulation
will be improved and safety maintained if additional access is provided.
(9)
Pedestrian areas and access: In an effort to humanize
and encourage pedestrian use of the outdoor spaces of the Planned
Commercial Development, provisions for such design elements shall
be required. The location, design and type of such elements shall
be in relation to the design of buildings and site layout in general
and shall include pedestrian sitting areas with benches and landscape
plantings and accessways from parking areas allowing ease and safety
of pedestrian circulation throughout the site.
(10)
Landscape buffer: A minimum of 25 feet of buffer
zone shall be provided along any property line which abuts a residential
district. In addition, the side yard shall be increased to 100 feet
if the building abuts a residential district. The landscape planting
in the buffer strip shall be used as an effective screening device.
(11)
Signs. In addition to any sign or signs approved pursuant to the provisions of Article XIII, there shall be allowed not more than one freestanding sign for the complex, the size of which shall not exceed 45 square feet in area, provided that said sign is located no closer than 10 feet to any property line and shall not rise more than six feet above ground level.
[Amended 12-20-2001 by L.L. No. 6-2001]
(12)
Off-street parking: Within the total area required (as per § 140-34), a minimum of 10% of that area shall be landscaped with plantings of trees, shrubs and grass, along with other materials per a schedule to be submitted with the site plan. This landscaped area shall afford an opportunity to maintain the aesthetics of the Town and act as guides for the circulation and parking of vehicles and movement of pedestrians throughout the site.
(13)
Outdoor storage or displays shall not be permitted
except by the issuance of a special permit for an activity that is
being promoted by the entire complex.
H.
Expansion of planned commercial park development.
It is the intent of the Planned Commercial Park District to provide
the maximum amount of freedom possible for future expansion. Such
expansion may be permitted, provided that the proposed addition is
compatible with the initial development and the incorporation of additional
land area is so planned and designed as to directly relate to and
function with such initial development. All supplementary regulations
and procedures herein defined shall be applicable.
[Amended 12-30-1987 by L.L. No. 9-1987]
I.
Medical/dental clinics. Accessory services related
to medical/dental clinics, including pharmacies and laboratories for
the use of patients visiting the medical practitioners in the clinic,
may be permitted as part of the clinic facility, subject to the following
specific conditions:
(1)
All entrances to parts of the building in which these
services are provided shall be from within the building.
(2)
The hours during which these services are provided
shall be limited to those during which medical practitioners are receiving
patients.
(3)
Signs and other advertising indicating the availability
of these services shall be located within the building.
[Added 10-3-2019 by L.L.
No. 7-2019]
A.
The Gateway Zoning Districts are comprised of land formerly in the
B-2 Zoning District located in the Main Street (Route 299) corridor,
east of the Village of New Paltz. The three Gateway Districts are
set forth on the Town Zoning Map. They are:
|
MSMU — Main Street Mixed Use
|
|
GB — Gateway Business
|
|
GH — Gateway Hamlet
|
B.
The pictures and diagrams included in the Route 299 Gateway Districts
Zoning Illustrations ("Illustrations") provide examples of the application
and interpretation of the zoning law.[1]
[1]
Editor's Note: Said illustrations are included as an attachment to this chapter.
C.
In the event of any conflict between the standards for the Gateway Districts and other requirements in the Zoning Law, the standards in the Gateway District shall prevail. Development of lands located with the GH District and also within the PRO District will be governed by the provisions of § 140-162B.
D.
Notwithstanding § 140-12A of the Zoning Law, corner lots in the Gateway Districts shall not be considered to have two front yards and shall designate a frontage as a front yard and the other as a side yard.
E.
Distance between principal buildings. In the Gateway Districts, the
minimum distance between principal buildings is zero feet.
F.
Sidewalks. The development or redevelopment of any lot in the Gateway
Districts shall provide a sidewalk along the full street frontage
of said lot to connect adjacent lots and to enhance and provide definition
to the street providing frontage for the lot.
(1)
All sidewalks shall be constructed of concrete or other material
acceptable to the Planning Board which have a general tendency not
to become slippery when wet.
(2)
All sidewalks shall be a minimum of five feet wide and shall
be designed to be consistent with the Americans with Disability Act
Accessibility Guidelines, as well as standards of the applicable highway
agency if sidewalks are proposed within the right of way.
G.
Standards for redevelopment.
(1)
For new development and for projects involving alterations to
an existing building that involve an area equal to or greater than
75% of a building's floor area or 75% of the exterior improved area
of a lot, full compliance with the design standards for the applicable
district is required.
(2)
For projects involving alterations to an existing building that
involve an area equal to or greater than 50% of a building's floor
area or 50% of the exterior improved area of a lot, the development
shall bring the property into full compliance with the sign standards,
lighting standards and landscaping standards for the applicable district
and achieve compliance with the other design standards to the extent
practicable.
(4)
Waiver of standards. In all cases where full compliance with the requirements of Subsections F or G(1) and (2) above cannot be met, an applicant may request a waiver from the Planning Board. The request for a waiver shall include a written explanation of the difficulties in meeting the particular design standard(s) and a description of how the applicant proposes to satisfy the purposes of the appropriate district (see § 140-22.2A for MSMU, § 140-22.3A for GB, or § 140-22.4A for GH) despite lack of compliance with the design standard(s).
(a)
The Planning Board may grant a waiver of individual requirements
of the design standard(s) by unanimous vote of the full Planning Board
after consideration of: 1) the practical difficulties of applying
the standard to the particular project; 2) the potential adverse impact
on surrounding properties and the neighborhood of applying or not
applying the standard to the proposed project; 3) the feasibility
of alternate means or measures to attain the same goal as the standard.
Such decision and findings shall be set forth in writing.
(b)
If a majority of the full Planning Board recommends approval
of a waiver, an applicant may apply to the Town Board for the waiver,
which may be granted at a regularly scheduled meeting of the Town
Board by an affirmative vote of a majority of the full Town Board.
H.
As part of its site plan and environmental review of projects proposing
mixed-use dwellings within 65 feet of the Thruway, the Planning Board
shall, where appropriate, consider techniques to mitigate potential
impacts of air pollution on the residential dwelling units, such as
building orientation, air filtration systems and an increased vegetative
buffer.
[Added 10-3-2019 by L.L.
No. 7-2019]
A.
Purpose: The objective of Main Street Mixed Use District is to ease
the transition from the Village to the Town, and transition away from
auto-oriented strip commercial development and extend the Village's
walkable, mixed-use, "Main Street" character into the Town as properties
are improved and redeveloped over time. With the changing commercial
real estate landscape, mixed-use development will provide more development
options including opportunities for upper-floor residential units
that could offer the community much needed housing diversity and affordability.
Physical, environmental, and economic constraints on the expansion
of roadway infrastructure require that mobility options such as walking,
bicycling, and public transportation be provided in the MSMU. The
Empire State Trail traverses this District, with pedestrians guided
to Main Street and bicyclists directed up North Putt Corners Road
to Henry W. Dubois Drive. Development in the MSMU should be organized
and designed to support a multi-modal transportation system.
B.
Permitted uses are set forth in § 140-8B. Parking is permitted as an accessory use with site plan approval. Any parking structure shall be designed to be hidden from view from the street.
C.
Area and bulk regulations. The area and bulk regulations for MSMU
are set forth below:
(1)
Minimum lot area: 7,500 square feet.
(2)
Lot width: 75 feet.
(3)
Required lot frontage: 75 feet.
(4)
Required yards:
(a)
Front: On state roads, a minimum 25 feet plus one additional
foot for every foot of building height over 25 feet to a maximum setback
of 40 feet. On local and county roads, a minimum zero to 10 feet to
a maximum setback of 20 feet.
(b)
Side: Minimum 10 feet, except along the NYS Thruway right-of-way
wherein the minimum setback is 50 feet.
(c)
Rear: Minimum 25 feet, except along the NYS Thruway right-of-way
wherein the minimum setback is 50 feet.
(5)
Maximum impervious coverage: 85% for redevelopment of developed
sites and 65% for development of undeveloped sites.
(6)
Maximum building footprint: 7,500 square feet per building.
More than one building is allowed per lot provided other dimensional
requirements are met.
D.
Design standards. The Planning Board shall consider the following design standards and the standards for redevelopment found in § 140-22.1G and ensure that prior to approving projects in the MSMU, the intent of the design standards has been achieved by the applicant to the fullest extent practicable.
(1)
Site organization. Drawings and photos that illustrate required
and desirable elements of site organization, site design, and architecture
can be found in the Illustrations.[1]
(a)
New buildings:
[1]
Buildings should be located adjacent to the street
with prominent pedestrian connections to the sidewalk.
[2]
Off-street parking in the rear of buildings is
preferred. Parking at the side of buildings, behind the front building
line, shall only be permitted if there is insufficient space in the
rear. Off-street parking in front of buildings is prohibited (see
Illustrations, Picture 1).
[3]
If parking is located at the side of a building,
a landscaped buffer of up to 15 feet in width, but in no case less
than five feet, of a density to disrupt visibility, shall be required
by the Planning Board between the parking area and the back edge of
the sidewalk. The landscape shall include a mixture of trees, hedges
or shrubs, with optional hardscape of low walls or fences made of
brick, stone, wrought iron, or an acceptable substitute (see Illustrations,
Pictures 2 and 3).
(b)
Redevelopment of existing sites:
[1]
Alteration of an existing developed lot shall bring the site into greater conformance with the standards of the MSMU District in accordance with § 140-22.1G. For example, if an existing commercial site with parking in front (see Illustrations, Picture 4, Panel 1) is proposed to be redeveloped, improvements should be provided up to the edge of pavement of the road fronting the lot. If the proposed alterations to an existing building or structure involve an area less than 50% of a building's or structure's floor area or 50% of the exterior improved area of the lot, bringing the facade closer to the sidewalk, or improvements such as a low wall or decorative fence with plantings at the sidewalk edge, should be provided (see Illustrations - Picture 4, Panel 2).
[2]
Any new buildings shall be located closer to the
street (see yard requirements) with prominent pedestrian connections
to the sidewalk (see Illustrations, Picture 4, Panel 3) and sidewalks
provided where needed.
(c)
Mixed-use buildings of two to three stories, with active uses
(such as retail, restaurant, personal service) on the ground floor
and residential or office uses on the upper levels, are preferred
(see Illustrations, Picture 5).
(d)
The site organization standards above are intended to provide
some design flexibility. For example, Pictures 6, 7, and 8 in Illustrations
provide three different design concepts for the same site that would
all conform to the new design standards.
[1]
Editor's Note: Said illustrations are included as an attachment to this chapter.
(2)
Site design.
(a)
Landscape buffer. A minimum landscape buffer of 15 feet consisting
of native plantings that provide year-round screening is required
along property boundaries adjoining a property within a residential
zoning district.
(b)
A minimum of 10% of the parking lot shall be comprised of landscaping.
A landscaped island equal to one parking space for every 10 spaces
is required to break up continuous areas of pavement within a parking
lot. A minimum of one shade tree, at least three inches DBH at planting,
is required to be planted in a landscaped island for every 15 parking
spaces proposed. A well-designed lot is shown in Illustrations, Picture
9.
(c)
Curb cuts shall be consolidated where feasible. Cross-easements
to provide shared access through side and rear parking areas of adjoining
sites shall be required by the Planning Board.
(d)
Pedestrian and bicycle connections through parking areas shall
be provided. Examples are provided in Illustrations, Pictures 10 and
11.
(e)
Use of green infrastructure and low-impact development techniques
for stormwater management in parking areas is required to the extent
practicable. Examples of green infrastructure are shown in Illustrations,
Pictures 11 and 12.
(f)
Properties adjoining the NYS Thruway (I-87) must maintain, establish,
or enhance, as needed, a substantial vegetated natural buffer, which
may be supplemented with evergreens. The landscape buffer must have
a minimum depth of 30 feet from any property line along the Thruway.
(g)
All trees seven inches DBH or greater must be inventoried, and
the design of the site shall consider opportunities to leave these
trees undisturbed. The Planning Board may request alternative site
layouts that protect significant trees.
(h)
Existing grades shall be preserved to the extent practicable
to reduce necessary cut and fill and to retain existing vegetation
and topography.
(i)
Signs. Signs should be scaled and oriented to the pedestrian environment. For example, wall signs should be located in a sign band on the facade, a horizontal section that divides the storefront windows from the upper facade (see Illustrations, Pictures 13 through 16). They should be located so as to avoid obscuring or covering facade features, including windows, doors, storefronts, building entrances, cornices, and columns. Upper-floor signage is not permitted for ground-floor uses. Well-designed projecting signs and window signs are also appropriate (see Illustrations, Picture 17). Monument signs, as defined in § 140-98, are preferred to other types of freestanding signs (see Illustrations, Pictures 18 and 19). Pole signs as defined in § 140-98 are prohibited.
(j)
Lighting.
[1]
External sign illumination, designed to limit light
spill, is preferred to internal sign illumination.
[2]
Lighting in parking lots shall use a pedestrian-scale
light fixture, no more than 20 feet in height, with an even, overlapping
lighting arrangement.
[3]
Lighting shall be glare-free and shielded from
the sky, and adjacent properties using cut-off technology that controls
light spread. (see Illustrations, Pictures 20 and 21). Lighting levels
at the property lines shall not exceed 0.1 footcandle.
(k)
Site furnishings. Bicycle parking, benches, trash receptacles,
and other appropriate site amenities shall be incorporated into the
site design. (see Illustrations, Pictures 22 and 23)
(l)
Parking requirements. The required off-street automobile parking spaces listed in § 140-34 shall be the maximum allowable in the MSMU District. To ensure the overall efficiency of parking development in the MSMU District, applicants proposing more than 10 spaces shall include with their applications an analysis of the opportunities to reduce parking requirements further by using the applicable reduction strategies below. The Planning Board shall require the maximum reduction available under Subsection D(2)(l)[1] and [2] below unless it determines that: (i) A surplus of spaces on a particular site will benefit the MSMU District as a whole by providing off-site sharing opportunities for other sites in the MSMU District; or (ii) The techniques for reduction of the number of off-street or on-site parking spaces available to the applicant are infeasible or would impose an undue hardship on the applicant.
[1]
Shared on-site parking. To implement shared on-site
parking, the applicant shall provide an analysis as part of site plan
review to demonstrate that proposed uses are either competing or noncompeting.
[a]
Noncompeting uses. In mixed-use developments, applicants
may propose a reduction in parking requirements based on an analysis
of peak demands for noncompeting uses. Up to 75% of the requirements
for the predominant use may be waived by the Planning Board if the
applicant can demonstrate that the peak demands for two uses do not
overlap. An applicant may use the latest peak demand analyses published
by the Institute of Traffic Engineers (ITE) or other source acceptable
to the Planning Board.
[b]
Competing uses. In mixed-use developments, applicants
may propose a reduction in parking requirements where peak demands
do overlap to some extent. In these cases, the Planning Board may
reduce the parking requirements of the predominant use by up to 30%.
[2]
Off-site parking. Separate from, or in conjunction
with shared parking provisions, an applicant may use off-site parking
to satisfy parking requirements. As part of site plan review, the
applicant shall provide the necessary information to comply with the
following standards:
[a]
Off-site parking shall be located within 500 feet
of the subject property.
[b]
Off-site parking may only be provided if the off-site
parking lot has an excess number of spaces or if the applicant can
demonstrate that the on-site and off-site uses which use the parking
lot have noncompeting peak demands.
[c]
The amount of required parking spaces being reduced
on-site shall be equal to the amount being provided off-site and can
account for up to 100% of the required on-site parking.
[d]
Off-site parking spaces provided by a separate
private property owner shall be subject to a legally binding agreement
that will be presented to and approved by the Planning Board during
the site plan review process or as a condition of approval. If the
conditions for shared parking become null and void and the shared
parking arrangement is discontinued, it will constitute a violation
of the site plan for any use approved expressly with shared parking.
If shared parking is discontinued, the applicant or property owner
shall provide written notification of the discontinuance to the Building
Inspector and, within 60 days of that notice, provide a remedy satisfactory
to the Planning Board to provide adequate parking or discontinue the
use.
[e]
Uses sharing a parking facility shall provide for
safe, convenient pedestrian connections between uses and parking,
including well-marked pedestrian crossings, signage, and pedestrian-scale
lighting.
(3)
Architecture.
(a)
Buildings shall have at least two occupiable stories.
(b)
The main building facade and main entrance shall face the public
street. On a corner lot, main facades shall be designed to face both
streets irrespective of the property line's designation as a front
or side yard. A secondary building entrance facing a rear parking
lot is strongly encouraged.
(c)
A drive-through window for retail and service uses is permissible
if: 1) it is located behind the building; 2) it is integrated architecturally
into the building; and 3) it does not require additional curb cuts
and/or a separate curb cut for ingress and egress to the street. Drive-through
windows for food and beverage service uses are prohibited.
(d)
Building transparency is important at the street level; consequently,
the ground level of buildings shall have a minimum 50% glass surface
that is oriented vertically (see Illustrations, Pictures 24 and 25).
(e)
Floor-to-ceiling windows are prohibited.
(f)
First story height shall be a minimum of 12 feet measured floor
to floor.
(g)
Upper-floor windows shall relate to the first-floor windows
in shape, form, and pattern.
(h)
Upper-floor windows shall make up at least 30% of the facade
on each floor.
(i)
Building styles and materials traditionally found in New Paltz
are required (see Illustrations, Pictures 24 through 27).
[1]
Wood siding and/or earth-based materials such as
brick, stone, bluestone, cement reinforced clapboard siding and/or
stucco are acceptable materials. Fiber-cement siding is an acceptable
material for new construction when it holds a similar texture, reveal,
and appearance to wood siding. Vinyl, plastic and metal siding are
prohibited except for detached one-family dwellings.
[2]
Building styles, textures and materials should
be based on those common to local vernacular (late 1800's styles such
as Mohonk Mountain House, Historic Huguenot Street, Arts & Crafts
style, and rural farm/barn vernacular forms). Unique designs and aesthetic
connectivity among structures are encouraged. Cookie-cutter and franchise
architecture are prohibited.
[a]
Facades shall utilize earth tones or natural colors
using real design elements, such as cedar shake, barn wood, shale,
quartz, and river rock. Modern interpretations of vernacular styles
may be considered, provided that textures and materials are real design
elements, as noted above, rather than imitations.
[b]
Building shape and massing. New buildings should
replicate the massing of structures within the Village of New Paltz.
Mass is the overall bulk of a building and can be varied by changes
in setback, shapes (flat to circular), color, facade details (cornices),
and roofline (parapet addition on right side of building).
[c]
Using compatible roof forms and shapes is another
way to incorporate features from buildings within the Village of New
Paltz.
[Added 10-3-2019 by L.L.
No. 7-2019]
A.
Purpose.
(1)
As the primary entranceway to New Paltz and a gateway to the
Shawangunk Mountains from the NYS Thruway and points east, this portion
of the Route 299 corridor is home to a small number of small-scale
commercial establishments. Much of the area is vacant and constrained
to development due to an abundance of wetlands and limited infrastructure.
The importance of NYS Route 299 as a regional east-west highway and
the intersection of Route 299 with Exit 18 of the NYS Thruway require
that vehicular access to Route 299 be carefully managed. With the
development of New York State's Empire Trail, the Hudson Valley Rail
Trail and the Wallkill Valley Rail Trail are connected. The Empire
State Trail is a tremendous recreational asset for residents and visitors
and a catalyst for economic growth in New Paltz.
(2)
The objective of the GB District is to improve the aesthetic
quality of development in the corridor, ensure that environmental
resources are protected, and manage access to NYS Route 299 for the
safety of drivers, bicyclists, and pedestrians who utilize this corridor.
The GB District encourages a variety of uses. Development should be
focused on welcoming visitors to New Paltz.
C.
Area and bulk regulations. The area and bulk regulations for the
GB District are set forth below:
(1)
Minimum lot area: 7,500 square feet.
(2)
Lot width: 75 feet.
(3)
Required lot frontage: 75 feet.
(5)
Maximum impervious coverage: 65%.
(6)
Maximum building footprint: 10,000 square feet.
(7)
Building height: A minimum of two occupiable stories not to
exceed 30 feet is required. A third story, with building height not
to exceed 35 feet, is permitted if the building is designed and built
to meet United States Green Building Council's LEED requirements at
the level "silver" or higher.
D.
Design standards. The Planning Board shall consider the following design standards and standards for redevelopment found in § 140-22.1G and shall ensure that prior to approving projects in the GB District, the intent of these design standards has been achieved by the applicant to the fullest extent practicable.
(1)
Site organization and site design. Drawings and photos that
illustrate required and desirable elements of site organization, site
design, and architecture can be found in the Illustrations.[1]
(a)
Off-street parking shall be provided on the side or in the rear
of buildings (see Illustrations, Pictures 1 through 3).
(b)
Screening with native vegetation shall be provided along the
roadway to reduce the visual impact of parking and storage areas.
(c)
Landscape buffer. A minimum landscape buffer of 15 feet consisting
of native plantings that provide year-round screening is required
along property boundaries adjoining a residential zoning district.
(d)
Properties adjoining the NYS Thruway (I-87) must maintain, establish,
or enhance as needed a substantial natural vegetated buffer, supplemented
with evergreens. The landscape buffer must have a minimum depth of
30 feet from any property line along the Thruway.
(e)
All trees seven inches DBH or greater must be inventoried, and
the design of the site shall consider opportunities to leave these
trees undisturbed. The Planning Board may request alternate site layouts
that protect significant trees.
(f)
Existing grades should be preserved to the extent practicable
to reduce necessary cut and fill and to retain existing vegetation
and topography.
(g)
Curb cuts shall be consolidated where feasible. Cross-easements
to provide shared access through side and rear parking areas of adjoining
sites shall be required by the Planning Board.
(h)
A minimum of 10% of the parking lot shall be comprised of landscaping.
A landscaped island equal to one parking space for every 10 spaces
is required to break up continuous areas of pavement within a parking
lot. A minimum of one shade tree, at least three inches DBH at planting,
is required to be planted in a landscaped island for every 15 parking
spaces proposed. A well-designed lot is shown in Illustrations, Picture
9.
(i)
Bicycle and pedestrian connections from the Empire State Trail
to building entrances shall be provided where possible. Pedestrian
connections shall be delineated and defined in parking areas. Examples
are provided in Illustrations, Pictures 10 and 11.
(j)
Use of green infrastructure and low-impact development techniques
for stormwater management in parking areas is required to the extent
practicable. Examples of green infrastructure are shown in Illustrations,
Pictures 11 and 12.
(k)
Signs. Signs should be scaled and oriented to the pedestrian environment. For example, wall signs should be located in a sign band on the facade, a horizontal section that divides the storefront windows from the upper facade (see Illustrations, Pictures 13 through 16). They should be located so as to avoid obscuring or covering facade features, including windows, doors, storefronts, building entrances, cornices, and columns. Upper-floor signage is not permitted for ground-floor uses. Well-designed projecting signs and window signs are also appropriate (see Illustrations, Picture 17). Monument signs, as defined in § 140-98 are preferred to other types of freestanding signs (see Illustrations, Pictures 18 and 19). Pole signs as defined in § 140-98 are prohibited.
(l)
Lighting.
[1]
External sign illumination, designed to limit light
spill, is preferred to internal sign illumination.
[2]
Lighting in parking lots shall use a pedestrian
scale light fixture, no more than 20 feet in height, with an even,
overlapping lighting arrangement.
[3]
Lighting shall be glare free and shielded from
the sky, and adjacent properties using cut-off technology that controls
light spread. (see Illustrations, Pictures 20 and 21) Lighting levels
at the property lines shall not exceed 0.1 footcandle.
(m)
Site furnishings: Bicycle parking, benches, trash receptacles,
and other appropriate site amenities shall be incorporated into the
site design (see Illustrations, Pictures 22 and 23).
[1]
Editor's Note: Said illustrations are included as an attachment to this chapter.
(2)
Architecture.
(a)
Building styles and materials traditionally found in New Paltz
are required (see Illustrations, Pictures 24 through 27).
[1]
Wood siding and/or earth-based materials such as
brick, stone, bluestone, cement reinforced clapboard siding and/or
stucco are acceptable materials. Fiber-cement siding is an acceptable
material for new construction when it holds a similar texture, reveal,
and appearance to wood siding. Vinyl, plastic and metal siding are
prohibited except for detached one-family dwellings.
[2]
Building shape and massing. New buildings should
replicate the massing of structures within the Village of New Paltz.
Mass is the overall bulk of a building and can be varied by changes
in setback, shapes (flat to circular), color, facade details (cornices),
and roofline (parapet addition on right side of building).
[3]
Using compatible roof forms and shapes is another
way to incorporate features from buildings within the Village of New
Paltz.
(b)
The front building facade and main entrance shall face the public
street. A secondary building entrance facing a rear or side parking
lot is strongly encouraged.
(c)
A drive through window is permitted if: 1) it is located at
the rear of the building; 2) it is integrated architecturally into
the building; and 3) it requires no separate access to a public street
or additional curb cuts.
[Added 10-3-2019 by L.L.
No. 7-2019]
A.
Purpose.
(1)
The Hamlet of Ohioville is a traditional crossroads settlement
that was established years ago at the intersection of Ohioville Road
and Old Route 299 (New Paltz Road). Construction of Exit 18 of the
NYS Thruway and the reconstruction of NYS Route 299 changed its context
but characteristics of the old mixed-use hamlet remain and are worthy
of preservation. In other words, Ohioville is different than other
parts of the Gateway corridor.
(2)
The objective of the Gateway Hamlet District is to provide land
use regulations and design standards that ensure that the unique characteristics
of the Ohioville Hamlet are preserved and enhanced. The traditional
hamlet settlement pattern found in Ohioville is characterized by smaller
lots and mixed uses in a compact, walkable layout. Maintaining and
extending this form to the south side of NYS Route 299 and reconnecting
to Paradies Lane will establish Ohioville as a unique place on the
road to New Paltz. The Empire State Trail brings pedestrians and bicyclists
into the hamlet, further encouraging development of a compact, safe,
and walkable layout.
C.
Area and bulk regulations. The area and bulk regulations GH District
are set forth below:
D.
Design standards. The Planning Board shall consider the following design standards and standards for redevelopment found in § 140-22.1G and ensure that prior to approving projects in the GH District, the intent of these design standards has been achieved by the applicant to the fullest extent practicable.
(1)
Site organization. Drawings and photos that illustrate required
and desirable elements of site organization, site design, and architecture
can be found in the Illustrations.[1]
(a)
New buildings:
[1]
Buildings shall be set back from the sidewalk no
more than 10 feet.
[2]
Off-street parking shall be provided on the side
or in the rear of buildings (see Illustrations, Picture 1).
[3]
If parking is at the side of a building, a minimum
landscaped buffer of up to 15 feet in width, but in no case less than
five feet, of a density to block visibility, shall be required by
the Planning Board between the parking area and the back edge of sidewalk.
The landscape shall include a mixture of trees, hedges or shrubs,
with optional hardscape. Acceptable landscape materials include: trees,
hedges, shrubs, or low walls of brick, stone, wrought iron, or an
acceptable substitute (see Illustrations, Pictures 2 and 3).
(b)
Redevelopment of existing sites: Alteration of an existing developed lot shall bring the site into greater conformance with the standards of the GH District in accordance with § 140-22.1G(1). If the proposed alterations to an existing building or structure involve an area less than 50% of a building's or structure's floor area or 50% of the exterior improved area of the lot, the alterations shall bring the site into greater conformance with the standards of the GH District. For example, if an existing commercial site with parking in front (see Illustrations, Picture 4, Panel 1) is proposed to be redeveloped, improvements should be provided up to the edge of pavement of the road fronting the lot. Any new buildings shall be located closer to the street (see yard requirements) with prominent pedestrian connections to the sidewalk and sidewalks provided where needed (see Illustrations, Picture 4, Panel 3). Also see Illustrations, Pictures 6, 7, and 8, which illustrate three different design concepts for the same site that would all conform to the new design standards.
(c)
Mixed-use buildings of two to three stories, with retail uses
on the ground floor and residential or office uses on the upper levels,
are encouraged in the commercial portions of the hamlet (see Illustrations,
Picture 5). Small-lot single-family homes should continue to be the
predominant building type in the neighborhood areas of the hamlet.
[1]
Editor's Note: Said illustrations are included as an attachment to this chapter.
(2)
Site design.
(a)
A minimum landscape buffer of 15 feet consisting of native plantings
that provide year-round screening is required along property boundaries
adjoining a residential use.
(b)
A minimum of 10% of the parking lot shall be comprised of landscaping.
A landscaped island equal to one parking space for every 10 spaces
is required to break up continuous areas of pavement within a parking
lot. A minimum of one shade tree, at least three inches DBH at planting,
is required to be planted in a landscaped island for every 15 parking
spaces proposed. A well-designed lot is shown in Illustrations, Picture
9.
(c)
Use of green infrastructure and low-impact development techniques
for stormwater management in parking areas are strongly encouraged.
Examples of green infrastructure are shown in Illustrations, Pictures
11 and 12.
(d)
Curb cuts shall be consolidated where feasible. Cross-easements
to provide shared access through side and rear parking areas of adjoining
sites shall be required by the Planning Board.
(e)
Pedestrian and bicycle connections through parking areas shall
be provided. Examples are provided in Illustrations, Pictures 10 and
11.
(f)
All trees seven inches DBH or greater must be inventoried, and
the design of the site shall consider opportunities to leave these
trees undisturbed. The Planning Board may require alternate site layouts
that preserve significant trees.
(g)
Existing grades shall be preserved to the extent practicable
to reduce necessary cut and fill and to retain existing vegetation
and topography.
(h)
Signs. Signs should be scaled and oriented to the pedestrian environment. For example, wall signs should be located in a sign band on the facade, a horizontal section that divides the storefront windows from the upper facade (see Illustrations, Pictures 13 through 16). They should be located so as to avoid obscuring or covering facade features, including windows, doors, storefronts, building entrances, cornices, and columns. Upper-floor signage is not permitted for ground-floor uses. Well-designed projecting signs and window signs are also appropriate (see Illustrations, Picture 17). Monument signs, as defined in § 140-98, are preferred to other types of freestanding signs (see Illustrations, Pictures 18 and 19). Pole signs as defined in § 140-98 are prohibited.
(i)
Lighting.
[1]
External sign illumination, designed to limit light
spill, is preferred to internal sign illumination.
[2]
Lighting in parking lots shall use a pedestrian
scale light fixture, no more than 20 feet in height, with an even,
overlapping lighting arrangement.
[3]
Lighting shall be glare-free and shielded from
the sky, and adjacent properties using cut-off technology that controls
light spread. (see Illustrations, Pictures 20 and 21) Lighting levels
at the property lines shall not exceed 0.1 footcandle.
(j)
Site furnishings. Bicycle parking, benches, trash receptacles,
and other appropriate site amenities shall be incorporated into the
site design. (see Illustrations, Pictures 22 and 23)
(3)
Architecture.
(a)
Building styles and materials traditionally found in the Ohioville
Hamlet or from other areas of New Paltz are required (see Illustrations,
Pictures 24 through 27 for images from downtown in the Village of
New Paltz).
(b)
Wood siding and/or earth-based materials such as brick, stone,
bluestone, cement reinforced clapboard siding and/or stucco are acceptable
materials. Fiber-cement siding is an acceptable material for new construction
when it holds a similar texture, appearance and reveal dimension to
wood siding. Vinyl, plastic and metal siding are prohibited except
for detached one-family dwellings.
(c)
The main building facade and main entrance shall face the public
street. A secondary building entrance facing a rear or side parking
lot is strongly encouraged.
(d)
A drive-through window is prohibited.
