A.
All special permit uses cited in the District Schedule of Use Regulations in Article III of this chapter[1] shall be subject to review and approval by the Planning
Board in accordance with the standards and procedures set forth in
this article.
[1]
Editor's Note: The schedule has been included
at the end of this chapter.
B.
In all cases where this chapter requires such special
use permit authorization by the Planning Board, a special use permit
application shall be initially submitted to the Zoning Enforcement
Officer and referred by the Zoning Enforcement Officer to the Planning
Board for its consideration. No building permit or certificate of
occupancy shall be issued by the Zoning Enforcement Officer and/or
Building Inspector except upon authorization of and in full conformity
with plans approved and conditions imposed by the Planning Board.
In authorizing any special permit use, the Planning Board shall take into consideration the public health, safety and general welfare and the comfort and convenience of the public in general and that of the immediate neighborhood in particular. The Planning Board shall also take in strict account the specific conditions set forth in § 143-52 et seq. for certain uses, applicable supplementary regulations stated in Article V of this chapter and the following general objectives for any use requiring authorization by the Planning Board:
A.
The location and size of the use, the nature and intensity
of the operations involved, the size of the site in relation to the
use and the location of the site with respect to existing and future
streets and roads providing access shall be in harmony with the orderly
development of the district in which the proposed use would be located.
B.
The location, nature and height of the buildings,
walls and fences and the nature and intensity of intended operations
will not discourage the appropriate development and use of adjacent
land and buildings or impair the value thereof.
C.
All proposed traffic accessways shall be adequate
but not excessive in number, adequate in width, grade, alignment and
visibility and sufficiently separated from street intersections and
places of public assembly and meet similar safety considerations.
D.
Adequate provision for safe and accessible off-street
parking and loading spaces shall be provided to prevent the parking
in public streets of the vehicles of persons associated with or visiting
the use.
E.
All parking and service areas shall be screened at
all seasons of the year from the view of adjacent residential lots
and streets or roadways, and the general landscaping of the site shall
be in character with that generally prevailing in the neighborhood.
Such landscaping shall include the preservation of existing trees
to the extent practicable.
F.
All proposed buildings, structures, equipment and/or
material shall be readily accessible for fire and police protection.
G.
The character and appearance of the proposed use,
buildings, structures and/or outdoor signs shall be in general harmony
with the character and appearance of the surrounding neighborhood,
shall not be more objectionable to nearby properties by reason of
noise, fumes, vibration or flashing lights than would the operations
of any permitted principal use and shall not adversely affect the
general welfare of the inhabitants of the Town of Red Hook.
H.
The use shall meet the prescribed area and bulk requirements
for the district in which located or as further specified in the supplementary
regulations, including such matters as minimum setback, maximum height,
required off-street parking and sign regulations.
I.
The level of services required to support the proposed
activity or use is or will be available to meet the needs of the proposed
activity or use. This consideration should include the suitability
of water supply and sanitary sewage facilities, whether private or
publicly provided, to accommodate the intended use.
J.
The use shall be carried out in a manner compatible
with its environmental setting and with due consideration to the protection
of natural resources.
K.
The Planning Board shall impose additional conditions
and safeguards upon the special permit as may be reasonably necessary
to assure continual conformance to all applicable standards and requirements,
including reasonable assurance that these conditions and safeguards
can be responsibly monitored and enforced.
[Amended 3-8-2016 by L.L.
No. 1-2016]
Single-family dwellings (new construction) shall
be allowed by special permit in the Institutional (I) and Waterfront
Conservation (WC) Districts, provided that:
A.
The applicant does not own contiguous buildable land area outside the I and WC Districts to which all or some of the permissible number of single-family lots or dwelling units authorized within the I and WC Districts can be transferred in accordance with the conservation subdivision procedure and standards set forth in § 143-33 of this chapter.
B.
Any residential development that does occur in the I and WC Districts is subject to site plan review and approval by the Planning Board in accordance with the procedure established in Article VII of this chapter and adheres to the following guidelines so as to mitigate visual and other environmental effects:
(1)
Minimization of cut and fill activity and the effective
vegetative restoration of all disturbed areas.
(2)
Use of building form, materials, colors and textures
to blend with the natural environment.
(3)
Respect for natural drainageways, contours and landforms.
(4)
Maximum feasible separation of buildings and other
improvements, most particularly including driveways and sanitary sewage
disposal systems, from streams, water bodies and other watercourses,
including the Hudson River.
(5)
Prohibition of development along and/or projecting
above the ridge line and the discouragement of development at other
visually prominent locations so that development is as visually inconspicuous
as possible.
(6)
Encouragement of natural buffers and other vegetative
screening.
Two-family dwellings (new construction) shall
be allowed by special permit in the R1 and H Districts, provided that:
A.
Minimum lot area shall be two acres, except that the
minimum lot area may be reduced to one acre in the R1 District if
the lot is served by municipal water.
B.
Adequate water supply and sewage disposal facilities
shall be demonstrated to exist in accordance with the requirements
of the Town of Red Hook and the Dutchess County Department of Health.
Two-family dwellings (conversion) shall be allowed
by special permit in the LD, RD5, RD3, H and I Districts, provided
that:
A.
The two-family dwelling shall occur only through the
conversion of a single-family dwelling legally existing on January
1, 1993.
C.
Adequate water supply and sewage disposal facilities
shall be demonstrated to exist in accordance with the requirements
of the Town of Red Hook and the Dutchess County Department of Health.
D.
Expansion of the single-family dwelling to accommodate
the second dwelling unit shall be limited to a maximum of 500 square
feet of gross floor area.
Multifamily dwellings (new construction) shall
be allowed by special permit in the R1.5 and I Districts, provided
that:
A.
The density, site design and building configuration requirements otherwise set forth for a residential cluster development in § 143-33 of this chapter shall be strictly applied in determination of the number of permitted dwelling units and in layout of the multifamily dwelling premises, except in the case of multifamily dwelling development on an approved educational campus in the I District, in which instance the density criteria set forth herein in § 143-81B(1) would apply.
B.
Adequate central water supply and common sewage disposal
facilities shall be provided in full accordance with the requirements
of the Town of Red Hook and the Dutchess County Department of Health.
C.
The maximum number of dwelling units within a multifamily
development shall be 40, including one unit which shall be reserved
for a resident manager in the case of any multifamily development
in excess of 20 dwelling units.
D.
The maximum number of dwelling units within a single
structure shall be six.
[Amended 5-30-2018 by L.L. No. 3-2018]
Multifamily dwellings (new construction) shall be allowed by
special permit in R1, HB, and B1 Districts, provided that:
A.
The site design and building configuration requirements otherwise set forth for a residential cluster development in § 143-33 of this chapter shall be strictly applied in the layout of the multifamily dwelling premises.
B.
The number of permitted dwelling units may, at the discretion of the applicant, be based upon either the methodology set forth in said § 143-33 or alternately be established as nine bedrooms per net buildable acre, with the term "net buildable acre" to be construed as excluding any portion of the proposed multifamily site that is designated as freshwater wetlands, under water or subject to periodic flooding.
C.
Adequate central water supply and common sewage disposal facilities
shall be provided in full accordance with the requirements of the
Town of Red Hook and the Dutchess County Department of Health.
D.
The maximum number of dwelling units within a multifamily development
shall be 60, including one unit which shall be reserved for a resident
manager in the case of any multifamily development in excess of 20
dwelling units.
E.
The maximum number of dwelling units within a single structure shall
be six in the R-1 District and 12 in the HB and B1 Districts.
Multifamily dwellings (conversion or adaptive
reuse) shall be allowed by special permit in the LD, RD5 and RD3 Districts,
provided that:
A.
The multifamily dwelling shall be created only through
conversion of a one- or two-family dwelling or the adaptive reuse
of a nonresidential structure legally existing on January 1, 1993.
B.
The number of dwelling units permitted on the lot
shall not exceed four.
C.
Adequate central water supply and common sewage disposal
facilities shall be provided in full accordance with the requirements
of the Town of Red Hook and the Dutchess County Department of Health,
with sufficient engineering documentation provided to allow the Town
and the Department to assess the adequacy of any existing facilities
which are proposed for continued and/or expanded use.
D.
Not less than 50% of the land area on any multifamily
lot shall be reserved and maintained as usable open space.
E.
Expansion of the existing one- or two-family dwelling
to accommodate the additional dwelling units shall be limited to a
maximum of 500 square feet of gross floor area.
F.
All applicable requirements of the multiple-residence
section of the New York State Uniform Fire Prevention and Building
Code shall be strictly met.
[Amended 5-30-2018 by L.L. No. 3-2018]
A.
The multifamily dwelling shall be created only through conversion
of a one- or two-family dwelling or the adaptive reuse of a nonresidential
structure legally existing on January 1, 1993.
B.
The number of dwelling units permitted on the lot shall not exceed
the density otherwise applicable to single-family dwellings within
the applicable zoning district in the case of the proposed conversion
of an existing single- or two-family dwelling. In order to encourage
the adaptive reuse of existing nonresidential structures, the permitted
number of dwelling units within a multifamily dwelling created through
adaptive reuse shall be based on the density standard of four bedrooms
per net buildable acre in the R1.5 District and on the standard of
nine bedrooms per net buildable acre in the R1, HB, and B1 Districts.
C.
Adequate central water supply and common sewage disposal facilities
shall be provided in full accordance with the requirements of the
Town of Red Hook and the Dutchess County Department of Health, with
sufficient engineering documentation provided to allow the Town and
the Department to assess the adequacy of any existing facilities which
are proposed for continued and expanded use.
D.
No individual multifamily structure shall contain more than four
residential units in the R1.5 District or six residential units in
either the R1, HB or B1 District.
E.
Not less than 50% of the land area on any multifamily lot shall be
reserved and maintained as usable open space.
F.
Expansion of the existing one- or two-family dwelling to accommodate
the additional dwelling units or expansion of the existing nonresidential
structure shall be limited to a maximum of 500 square feet of gross
floor area.
G.
All applicable requirements of the multiple-residence section of
the New York State Uniform Fire Prevention and Building Code shall
be strictly met.
Mobile home parks in the R1 and B1 Districts
shall be allowed by special permit, provided that the following standards
to ensure high quality living environments within mobile home parks
and to foster visual compatibility between mobile home parks and prevailing
conventional residential architecture are met:
A.
Each mobile home shall comply fully with the federal
requirements for mobile homes, manufactured home construction and
safety standards, 24 CFR Chapter XX Part 3280.
B.
The mobile home park shall be developed on a minimum
of 15 acres with at least 200 feet of road frontage.
C.
The mobile home park shall include potential sites
for a minimum of 20 and a maximum of 60 mobile homes.
D.
The gross residential density of the mobile home park
shall conform to the residential density standards set for single-family
dwellings within the zoning district.
E.
Clustering of the mobile home sites shall, however,
be encouraged, provided that a minimum land area of 8,000 square feet
is reserved for each individual mobile home site.
F.
The mobile home park shall have a minimum of 25% of
its net land area reserved as open space for the common use of all
occupants of the mobile home park. No part of such open space shall
be included in any mobile home site or roadway within the park, nor
shall any part of such space be occupied by mobile homes or other
structures, except those which may be provided specifically accessory
to the open space for park purposes and which are available for the
use of all occupants of the park.
G.
No mobile home site, office or service building shall
be closer to any external street line or other property line than
100 feet.
H.
The mobile home park shall have a landscaped area
at least 75 feet wide along all external lot lines and public roads,
suitably planted and maintained to provide visual screening from adjacent
properties. The Planning Board may also require a fence or berming
for additional screening if appropriate.
I.
The mobile home park shall be served by a privately
owned and maintained internal road system, designed to Town specifications
and located so as to provide for the safe and convenient flow of traffic.
There shall be a single common access; the Planning Board may, however,
require one or more additional access points for emergency service
only.
J.
Water supply and sewage disposal facilities shall
conform to the requirements of the Town of Red Hook, the Dutchess
County Health Department and/or the New York State Department of Environmental
Conservation.
K.
At least two parking spaces, as described in § 143-26 of this chapter, shall be provided for each mobile home site.
L.
Adequate refuse receptacles shall be provided and
shall be kept in sanitary condition and emptied at least weekly by
the owner. Central receptacles may be required by the Planning Board.
M.
Each mobile home shall provide not less than 1,000
square feet of wholly enclosed habitable space.
N.
Either a concrete block or poured foundation shall
be provided or the bottom portion of each mobile home shall otherwise
be enclosed with masonry, metal or wood skirting or other acceptable
material firmly secured, extending fully to the ground.
O.
All internal roads shall be adequately marked with
signs to facilitate the provision of emergency services. Each unit
must be separately numbered for convenient identification for emergency
and other purposes.
P.
Mail delivery shall be made at a common location.
All mail boxes shall be of a consistent style and color.
Q.
Enclosed storage facilities shall be provided at a
common location within the mobile home park to adequately accommodate
yard equipment, children's toys and other possessions which cannot
be readily stored within the individual mobile homes. There shall
be no accessory structures permitted on the individual mobile home
sites.
R.
Sale of mobile homes for use exclusively on the site
is permitted, provided that there shall be no more than two display
units and such units shall not infringe upon any required setback
area.
S.
Before any mobile home park commences operation, the
Zoning Enforcement Officer shall make an inspection of the premises
to determine that all requirements of this chapter have been complied
with and shall issue a certificate of occupancy. All required improvements
within the mobile home park shall be continuously maintained in a
safe and workmanlike manner, and all required services shall be continuously
provided in order to maintain the certificate of occupancy.
[Amended 5-30-2018 by L.L. No. 3-2018]
Boardinghouses and rooming houses in H, I, HB and B1 Districts
shall be allowed by special permit, provided that:
A.
The boardinghouse or rooming house is located on a single lot with lot area of no less than the minimum specified for the zoning district in Article IV or the District Schedule of Area and Bulk Regulations.
B.
In addition to parking required for the residence, at least one additional
on-street parking space is provided for each room offered for rent.
Elderly or senior citizen housing, as defined in § 143-4 of this chapter, shall be allowed by special permit in the LD, R1.5, R1, I and B1 Districts, provided that:
A.
The development site shall be a single parcel with a minimum area of 25 acres within the LD District, 10 acres within the R1.5 District or five acres within the R1, I or B1 Districts, with the required minimum acreage including not more than 25% of any portion of the proposed elderly housing site that is designated as freshwater wetlands, under water or subject to periodic flooding, as discussed in § 143-23 of this chapter.
B.
The site shall be provided with adequate central water
supply and common sewage disposal facilities in accordance with the
requirements of the Town of Red Hook, the Dutchess County Department
of Health and the New York State Department of Environmental Conservation.
C.
The maximum density shall not exceed two dwelling
units per gross acre in the LD District, four dwelling units per gross
acre in the R1.5 District or six dwelling units per acre in the R1,
B1 and I Districts, except that when served by municipal water supply,
development of elderly or senior citizen housing may occur at nine
bedrooms per net buildable acre in the R1 and B1 Districts. The development
shall be clustered to the extent practicable to provide a conveniently
serviced development pattern and to provide usable open space for
the development's residents.
D.
The maximum number of dwelling units within an individual
senior citizen or elderly housing development shall be 80 dwelling
units.
E.
One and two-tenths off-street parking spaces shall
be provided for each senior citizen or elderly dwelling unit.
F.
The minimum front, side and rear yards otherwise applicable
to either building or parking area improvements within the R1.5, R1
or B1 District in which the senior citizen or elderly housing development
is situated shall be doubled, i.e., increased by 100%.
G.
Maximum structure coverage, including all principal
and accessory structures, shall not exceed 10% of lot area, except
in the R1 and B1 Districts where 15% shall be authorized.
H.
Available on-site support services and facilities
provided independently by the sponsor of the elderly or senior citizen
housing development or through affiliation with a hospital, nursing
home or other qualified health service provider shall include, but
are not necessarily limited to, the following:
(1)
Emergency medical care.
(2)
Community room.
(3)
Recreational opportunities.
(4)
Property maintenance and security.
(5)
Ombudsman-type services to deal with social service
and related needs.
(6)
Twenty-four-hour call button.
(7)
Optional meals and laundry service.
(8)
Shuttle-type transportation service for shopping,
recreation, health care visits and other purposes.
I.
Not less than 25% of the dwelling units within the
senior citizen or elderly housing development shall be designed to
be adaptable as suitable, convenient living environments for handicapped
persons. Furthermore, the project site and all primary entrances,
hallways and entrances to individual units shall be wheelchair and
handicapped accessible.
J.
As an expressed condition of the special use permit
approval and the certificate of occupancy, not less than 40% of the
dwelling units within the senior citizen or elderly housing development
shall be made available at affordable rent levels as established by
the United States Department of Housing and Urban Development (HUD)
and/or the Dutchess County Department of Planning.
K.
Pursuant to a demonstration of need by the Town, the
project sponsor shall cooperate fully with the Town of Red Hook and
other interested agencies in applying for any state, federal or private
subsidies which either may be or may become available to subsidize
the rents of lower-income persons and households.
Enriched housing for the elderly shall be allowed
by special permit in the LD, RD5, RD3, R1.5, R1, H and I Districts,
provided that:
A.
If located in the LD, RD5 or RD3 Districts, the residence shall be established through either adaptive reuse of a nonresidential structure or conversion of a dwelling existing at the time of the enactment of this chapter on a single lot with lot area of no less than the minimum specified for the zoning district in Article IV or the District Schedule of Area and Bulk Regulations.[1]
[1]
Editor's Note: The schedule has been included
at the end of this chapter.
B.
If located in the R1.5, R1, H or I Districts, the residence may be established either through conversion of an existing dwelling or new construction on a single lot with lot area of no less than the minimum specified for the zoning district in Article IV or the District Schedule of Area and Bulk Regulations,[2] or through either conversion or new construction on the
premises of a nursing home, elderly housing development or other institution.
[2]
Editor's Note: The schedule has been included
at the end of this chapter.
C.
The residence shall be noninstitutional in appearance,
integrated to the extent practicable with the community, and shall
be designed to serve and be occupied by no more than eight residents.
D.
The sponsor of the residence shall make available
each of the following services for its residents:
(1)
Meals.
(2)
Housekeeping.
(3)
Personal care.
(4)
Social and emotional support services.
(5)
Assistance in shopping of personal needs.
(6)
Assistance in doing laundry.
(7)
Periodic heavy housecleaning.
(8)
Arrangements for essential transportation.
(9)
Leisure activities.
(10)
Established protocols for dealing with emergencies
and obtaining medical care.
E.
Approval has been granted by the Dutchess County Health
Department for sanitary sewage disposal and water supply facilities
which shall serve the residence.
F.
The residence is in full compliance with the New York
State Uniform Fire Prevention and Building Code and other codes, rules
and regulations that may be imposed by any applicable county or state
regulatory or permitting agency.
[Amended 7-12-2011 by L.L. No. 3-2011; 5-30-2018 by L.L. No. 3-2018]
Accessory apartments shall be allowed by special permit within
existing single-family dwellings in the AB, LD, RD5, RD3, R1.5, R1,
H, I, HB, B1 and B2 Districts, provided that:
A.
No exterior changes shall be made which will alter
or extend the existing foundation of the principal structure.
B.
The accessory apartment is self-contained, with separate
cooking, sleeping and sanitary facilities for use by the occupant(s).
C.
Any additional exterior entrances which may be created
shall be located at the side or rear of the structure.
D.
The accessory apartment is subordinate to the principal
residence and contains no more than 35% of the total habitable space
of the existing structure prior to the construction of such accessory
apartment or 650 square feet, whichever is the more restrictive.
E.
The accessory apartment shall be limited to two bedrooms.
F.
The conversion of any existing single-family dwelling to accommodate an accessory apartment, as defined herein and in § 143-4, is limited to one accessory apartment per principal residence.
G.
Each principal residence and accessory apartment is,
at the time of conversion, on a single lot with lot area of no less
than one acre, except in the LD and RD5 Districts where a minimum
of three acres shall be required.
H.
Parking, as required for an accessory apartment/principal
residence, shall be a minimum of two spaces per dwelling unit on-site
and shall be designed and located to be convenient without encroaching
on any required yard or setback area.
I.
Approval has been granted by the Dutchess County Health
Department for any required on-site sanitary sewage or water supply
facilities, including, as may be applicable, certification through
either the Health Department or a licensed professional engineer retained
by the applicant that the existing on-site water supply and sewage
disposal facilities are sufficient to accommodate the additional demands
of the accessory apartment on the residential premises where such
conversion is proposed.
[Amended 7-12-2011 by L.L. No. 3-2011]
Accessory apartments shall be allowed by special
permit within new single-family dwellings in the AB, LD, RD5, RD3,
R1.5, R1, H and I Districts, provided that:
A.
The accessory apartment is self-contained, with separate
cooking, sleeping and sanitary facilities for use by the occupant(s).
B.
Any additional exterior entrances which may be created
shall be located at the side or rear of the structure.
C.
The accessory apartment is subordinate to the principal
residence and contains no more than 25% of the habitable space of
the dwelling or 650 square feet, whichever is the more restrictive.
D.
The accessory apartment shall be limited to two bedrooms
and its occupancy restricted to three persons.
E.
The construction of a new dwelling to accommodate an accessory apartment, as defined herein and in § 143-4, is limited to one accessory apartment per principal residence.
F.
Each principal and accessory apartment is, at the time of conversion, on a single lot with lot area of no less than the minimum specified for the zoning district in Article IV or the District Schedule of Area and Bulk Regulations.[1] The lot may not be an existing nonconforming lot of less
than the prescribed lot area or lot width.
[1]
Editor's Note: The schedule has been included
at the end of this chapter.
G.
Parking, as required for an accessory apartment/principal
residence, shall be a minimum of two spaces per dwelling unit on-site
and shall be designed and located to be convenient without encroaching
on any required yard or setback area.
H.
Approval has been granted by the Dutchess County Health
Department for any required on-site sanitary sewage or water supply
facilities.
[Amended 7-11-1995 by L.L. No. 1-1995; 7-12-2011 by L.L. No.
3-2011]
Accessory apartments through adaptive reuse
of nondwelling structures shall be allowed by special permit in the
AB, LD, RD5, RD3 and I Districts, provided that:
A.
No exterior changes shall be made which will extend
the existing foundation of the accessory structure more than 100 square
feet to accommodate the accessory apartment.
B.
The accessory apartment is self-contained, with separate
cooking, sleeping and sanitary facilities for use by the occupant(s).
C.
The accessory apartment contains a maximum of 650
square feet of habitable space.
D.
The accessory apartment shall be limited to two bedrooms.
E.
The principal dwelling and accessory apartment are,
at the time of conversion, on a single lot with a lot area of no less
than one acre, except in the LD and RD5 Districts where a minimum
of three acres shall be required.
F.
Additional accessory apartments, up to a total of
four dwelling units on a single residential premises (i.e., one principal
dwelling and a total of three accessory units, not more than one of
which may be located within the principal dwelling) may occur by conversion,
provided that the lot has a minimum lot area of at least 20 acres.
G.
If more than two dwelling units are proposed to exist on a single residential premises, site plan review and approval shall be required in accordance with Article VII of this chapter.
H.
The accessory structure meets the minimum setback requirements otherwise established for the construction of a principal structure within the zoning district as prescribed in Article IV or the District Schedule of Area and Bulk Regulations.
I.
Parking shall be a minimum of two spaces per dwelling
unit on site and shall be designed and located to be convenient without
encroaching on any required yard or setback area.
J.
Approval been granted by the Dutchess County Health
Department for any required on-site sanitary sewage or water supply
facilities, including, as may be applicable, certification through
either the Health Department or a licensed professional engineer retained
by the applicant that the existing on-site water supply and sewage
disposal facilities are sufficient to accommodate the additional demands
of the accessory dwelling units on the residential premises where
such conversion of an existing accessory structure is proposed.
K.
The gatehouse, garage, barn or similar nonresidence
accessory structure adapted to residential use shall have legally
existed on January 1, 1993, and all construction associated with adaptation
of the existing structure shall be performed in a manner that retains
and enhances the character of the structure. The design and construction
of the adaptation of the accessory structure shall further be compatible
with the parent structure on the premises and with the overall character
of the neighborhood.
L.
The applicant acknowledges, in writing, to the Town
of Red Hook the understanding that should subdivision of the parcel
later be proposed, not less than the above minimum specified acreages
must be provided for the principal dwelling and its accessory dwelling
units if their certificates of occupancy are to be maintained.[1]
[1]
Editor’s Note: Former § 143-66.1, Accessory apartments
within new independent structures, added 7-11-1995 by L.L. No. 1-1995,
which immediately followed this section, was repealed 5-30-2018 by
L.L. No. 3-2018.
[1]
Editor’s Note: Former § 143-67, Bed-and-breakfast
establishments, was repealed 12-22-2021 by L.L. No. 6-2021.
[Amended 7-11-1995 by L.L. No. 1-1995; 7-12-2011 by L.L. No.
3-2011]
Cottages, as defined in § 143-4 of this chapter, shall be allowed by special permit in the AB, LD, RD5, RD3, R1.5, R1 and H Districts, provided that:
A.
The maximum gross floor area devoted to the cottage
shall be 650 square feet.
B.
Not more than one cottage shall be authorized on a
residential premises, provided that both an accessory apartment and
a cottage shall not be permitted on the same residential premises.
C.
The cottage shall be supported by water supply and
sewage disposal facilities deemed suitable by the Dutchess County
Health Department, which facilities may be shared with the principal
dwelling unit on the premises.
D.
The cottage shall be in compliance with all provisions
of the New York State Uniform Fire Prevention and Building Code. All
other applicable laws, ordinances and regulations shall be complied
with, and both a building permit, where applicable, and a certificate
of occupancy shall be obtained before occupancy.
E.
The cottage shall satisfy all setback requirements
set forth in the District Schedule of Area and Bulk Regulations[1] for a principal structure within the zoning district; with the exception of the AB District, where the cottage shall be sited in accordance with the provisions of § 143-39.1F.
[1]
Editor's Note: Said schedule is included at the end of this chapter.
F.
The cottage shall be situated on a lot with not less
the minimum lot area specified for the LD, RD5 and RD3 Districts.
If the cottage is located within the R1.5, R1 or H Districts, a minimum
lot area of three acres shall be required.
[Amended 7-12-2011 by L.L. No. 3-2011; 5-30-2018 by L.L. No. 3-2018]
Home occupations Class 2, occurring within a customary accessory
building or requiring outdoor storage of materials or equipment used
in connection with the home occupation on a residential premises,
shall be allowed by special permit in the B1, AB, LD, RD5, RD3, and
H Districts provided that:
B.
The lot on which the home occupation is proposed meets the minimum lot area requirements set forth in the Article IV District Schedule of Area and Bulk Regulations for the district and that the accessory structure proposed to house the home occupation similarly meets all setback and related requirements set forth within this chapter.
C.
Materials and equipment actively used in connection with the home occupation shall be stored indoors to the extent practicable. Where such storage cannot be reasonably provided, the materials and equipment shall be screened from public rights-of-way and neighboring properties by intervening landform and/or vegetation through all seasons of the year and stored in a manner such that they do not pose a nuisance to adjacent property owners, generally being not less than 50 feet from any property boundary. In accordance with § 143-32G and K, respectively, of this chapter, no such outdoor storage of materials or equipment shall be permitted in the front yard of the premises nor shall more than one commercial vehicle in excess of 20 feet in length be parked overnight in an unenclosed area.
[Amended 7-12-2011 by L.L. No. 3-2011]
Private airstrips or heliports shall be allowed
by special permit in the AB, LD, RD5, RD3, B1 and I Districts, provided
that:
A.
The use is situated on a parcel of not less than 50
acres.
B.
No landing or takeoff area for aircraft shall be located
within 300 feet of any property line or street line.
C.
No structure associated with aircraft activity shall
be located within 200 feet of any residential property line or street
line.
[Amended 7-12-2011 by L.L. No. 3-2011; 3-8-2016 by L.L. No. 1-2016]
Fishing clubs shall be allowed by special permit in the AB,
WC, LD, RD5 and RD3 Districts, provided that:
A.
The minimum lot area shall be 10 acres.
B.
No building or parking area shall be located closer than 100 feet
to any property line, nor within 250 feet of any existing neighboring
residence.
C.
Specific plans for public address systems and/or lighting for outdoor
recreational facilities shall be submitted to and approved by the
Planning Board, including the specific proposed hours of operation
for such facilities.
D.
The activities associated with any active outdoor recreation facilities
shall be suitably screened from neighboring residential properties
so as to create a visual and noise-deterring buffer.
E.
The hours of operation for such outdoor recreation facilities shall
generally be restricted to the period 1/2 hour after sunrise to 1/2
hour before sunset.
[Added 3-8-2016 by L.L.
No. 1-2016]
Hunting clubs shall be allowed by special permit in the AB,
LD, RD5 and RD3 Districts, provided that:
A.
The minimum lot area shall be 10 acres.
B.
No building or parking area shall be located closer than 100 feet
to any property line, nor within 250 feet of any existing neighboring
residence.
C.
Specific plans for public address systems and/or lighting for outdoor
recreational facilities shall be submitted to and approved by the
Planning Board, including the specific proposed hours of operation
for such facilities.
D.
No outdoor target range or similar facility for the discharge of
firearms shall be located on a club site of less than 50 acres or
closer than 500 feet to any property boundary or such greater distance
as may be specified by the New York State Environmental Conservation
Law or other applicable laws, rules or regulations.
E.
The activities associated with any active outdoor recreation facilities,
including a target range, shall be suitably screened from neighboring
residential properties so as to create a visual and noise-deterring
buffer.
F.
The hours of operation for such outdoor recreation facilities shall
generally be restricted to the period 1/2 hour after sunrise to 1/2
hour before sunset.
[Amended 6-26-2019 by L.L. No. 5-2019]
Outdoor recreation facilities, as defined in § 143-4 of this chapter, shall be allowed by special permit in the WC, LD, RD5, RD3, R1.5, R1, and I Districts, provided that:
A.
The minimum lot area shall be 50 acres.
B.
No building or parking area associated with the recreational
use shall be located closer than 100 feet to any property line or
within 250 feet of any existing neighboring residence. Any such building
or parking area shall also be effectively screened by intervening
landform and/or vegetation from all neighboring properties and public
rights-of-way.
C.
No facility (e.g., trail, ball field or ski slope)
for active recreational use shall be located within 100 feet of any
property line and shall be similarly screened.
D.
Access to the facility shall be from a state or county
highway or a through Town roadway other than a residential subdivision
street.
E.
Adequate water supply and sewage disposal facilities
shall be provided in accordance with the requirements of the Town
of Red Hook, the Dutchess County Department of Health and the New
York State Departments of Health and Environmental Conservation.
F.
No building constructed or portion of an existing
building adaptively used in connection with the outdoor recreation
use shall exceed 3,000 square feet in gross floor area.
G.
No restaurant or tavern shall be operated and maintained
upon the premises. Food service shall be limited to vending machines
and/or a snack bar; alcoholic beverages shall not be sold on the premises.
H.
Specific plans for public address systems and/or lighting
of the outdoor recreation facilities and accessory buildings and parking
areas shall be submitted to and approved by the Planning Board.
I.
Except as may be further restricted by the Planning
Board in its consideration of a specific application for special use
permit, hours of public operation shall be limited to 9:00 a.m. through
10:00 p.m. daily.
[Amended 6-26-2019 by L.L. No. 5-2019]
A.
The purpose of this section is to ensure that commercial logging operations are consistent with the policies of the Town of Red Hook Comprehensive Plan and the recommendations of Greenway Connections: Greenway Compact Program and Guides for Dutchess County Communities ("Greenway Guides"), pursuant to § 143-144.1 of the Town of Red Hook Code.
B.
This section is intended to promote the public health, safety, and
welfare of the people of the Town by regulating forest use in such
a way as to allow for sustainable forestry management that protects
and preserves the environment, roads, property, and quality of life
in the Town from the potential adverse effects of commercial logging.
C.
Exempt activities. Commercial logging shall not include:
(1)
Commercial logging operations are exclusive of the process of removing
vegetation for installing improvements described on a subdivision
plat or site plan approved by the Planning Board or site clearing
preparatory to construction of a structure for which a building permit
is required and which building permit has been issued by the Code
Enforcement Officer.
(2)
Harvesting of up to one cord of firewood per acre per year or up
to 2,000 board feet of lumber per acre per year for noncommercial
use by the property owner.
(3)
Trees removed in conjunction with a timber operation as defined herein.
(4)
Cutting of firewood used in the manufacture of maple syrup and other
maple products.
(5)
Clearing of land for rights-of-way by public utilities or their agents
or trees removed for public road construction, maintenance, and realignment.
(6)
Clearing of land by or pursuant to government authority under the
laws of the United States, the State of New York, the County of Dutchess,
the Town of Red Hook, Village of Red Hook, or Village of Tivoli.
(7)
The removal of trees that are located in a cemetery, on a Christmas
tree farm or other tree plantation, and removal of hazardous or fallen
trees, or for clearing dead or diseased trees.
D.
Commercial logging permit required.
(1)
No person, firm, corporation, or other entity (hereinafter referred to as "person") shall engage in commercial logging in the Town without a commercial logging permit issued by the Town of Red Hook in accordance with the Zoning Law. Large-scale commercial logging permits are issued by the Town Planning Board in accordance with Article VI, Special Permit Uses. Small-scale commercial logging permits are issued by the Town Code Enforcement Officer in accordance with Article IX, Administration and Enforcement.
(2)
All commercial logging permit applications shall be submitted to the Code Enforcement Officer along with the required fees as set forth in § 143-50. The application shall identify the parcel by tax index number and shall describe the location of the proposed commercial logging operation, the acreage impacted by the commercial logging operation, an estimate of the expected number of trees or board feet of lumber to be harvested, the name and address of the person or entity who will be completing the harvest and if not available the name and address of the person responsible for compliance with the approved commercial logging permit, and an estimate of the duration of the proposed harvest. The application shall be signed by the owner of the property where the proposed commercial logging will occur and such owner shall also certify their responsibility for compliance with the terms of the commercial logging permit.
E.
Commercial logging permit process.
(1)
Small-scale commercial logging of less than five acres of land. Except
for lands lying within the Waterfront Conservation Zoning District,
commercial logging permit applications involving less than five acres
of land (regardless of parcel size) shall be submitted to the Town
Code Enforcement Officer, who shall review and approve such application
if it conforms to the standards provided herein. Small-scale commercial
logging of less than five acres of land within the Waterfront Conservation
Zoning District shall be submitted to the Code Enforcement Officer,
who shall refer the application to the Planning Board for review and
approval as a large-scale commercial logging special use permit, if
it conforms to the standards provided herein, as well as the other
requirements of the Zoning Law. The Code Enforcement Officer shall
have the authority to direct any application for small-scale commercial
logging of less than five acres to the Planning Board for review and
approval as a large-scale commercial logging application if the Code
Enforcement Officer determines, in his or her sole discretion, that
such Planning Board review is necessary and appropriate given the
nature, scope, and potential impacts of the small-scale commercial
logging permit application.
(2)
Large-scale commercial logging of five acres or more. Large-scale
commercial logging permit applications involving five acres or more
of land (regardless of parcel size) shall be submitted to the Code
Enforcement Officer, who shall refer the application to the Planning
Board for review and approval as a large-scale commercial logging
special use permit if it conforms to the standards provided herein,
as well as the other requirements of the Zoning Law. If the Planning
Board approves such an application, it shall direct the Code Enforcement
Officer to issue a large-scale commercial logging permit in accordance
with such approval.
(3)
Large-scale commercial logging perimit submission requirements.
(a)
The large-scale commercial logging permit application shall
include all required materials identified herein. This shall include
a plan that has been designed to prevent impacts to watercourses,
wetlands, floodplains and includes a soil erosion and sediment control
plan.
(c)
The proposed large-scale commercial logging is consistent with
good silvicultural, horticultural or vegetation management and will
not have an adverse visual or ecological impact, as determined through
the SEQR environmental impact assessment review of the application.
(d)
The proposed large-scale commercial logging operation and activities,
including the proposed site remediation after the conclusion of the
harvest, is consistent with the "Timber Harvesting Guidelines for
New York" and the "New York State Forestry Best Management Practices
Field Guide," as amended, to the extent that said guidelines do not
contradict the provisions of the Zoning Law, in which case the provisions
of the Zoning Law shall control. There may be situations where strict
adherence to certain provisions of the "Timber Harvesting Guidelines
for New York" and best management practices are impossible or impractical
to attain, based upon the unique characteristics of the property proposed
for logging. Alternate measures exist that can be substituted for
such guidelines in appropriate circumstances. In such cases, with
the assistance of a New York State Department of Environmental Conservation
Cooperating Forestry Program Professional Forester, the Planning Board
or Code Enforcement Officer may grant a waiver from the strict application
of the guidelines where reasonable and necessary.
(e)
Lands which are enrolled under Section 480-a of the NY State Real Property Tax Law, at the time of adoption of Local Law No. 5 of 2019, are exempted from the provisions in this section provided that a copy of a valid certificate of approval of enrollment in the 480-a program is filed with the Town of Red Hook Building Department. All new 480-a long-term management plans and five-year updates to existing 480-a long-term management plans are subject to issuance of a large-scale commercial logging permit by the Planning Board. In these cases, the Planning Board may generally determine the extent of review under § 143-73 and may waive any requirement that the Board determines is not necessary for the intended project.
(f)
A statement that the applicant agrees to indemnify the Town
of Red Hook and to reimburse the Town of Red Hook for any damage caused
to Town roads, bridges, or culverts, as determined by the Town of
Red Hook Highway Superintendent, and to pay any and all fees associated
with such damage. Upon a written recommendation from the Town Highway
Superintendent that there exists the potential for damage to a Town
road, the Planning Board may include a condition which prevents damage
to Town roads from truck traffic associated with the commercial logging
activities. Restrictions may include but are not limited to restricting
truck traffic routes and/or posting of a performance bond for damage
to Town roads.
(g)
The period of time during which the timber harvest will take
place setting forth the date of commencement, the date of termination,
the days of the week and hours of the day when timber harvest activities
will take place.
(h)
Vehicle access route to and from the site of the large-scale
commercial logging operation where the access route involves Town
roads.
(4)
Small-scale commercial logging permit submission requirements.
(a)
The applicant shall submit a site map which shall show:
[1]
Boundaries of the parcel or parcels where the small-scale commercial
logging is proposed;
[2]
Roadways, streams, waterbodies, wetlands, and topographic contour
interval lines within the area affected by the small-scale commercial
logging;
[3]
Proposed harvest area, proposed haul road(s), landing area(s),
and ingress/egress at public roads.
(b)
The applicant shall submit a site reclamation plan for the portion
of the parcel or parcels affected by the small-scale commercial logging
operation. This plan shall show proposed site cleanup and remediation
to be undertaken upon conclusion of the small-scale commercial logging
operation. The site reclamation plan shall address post small-scale
commercial logging cleanup measures as outlined in the "New York State
Forestry Best Management Practices Field Guide," as amended.
F.
Standards for all commercial logging operations. All commercial logging
activities and operations shall adhere to the following standards:
(1)
The commercial logging shall be in accordance with the "New York
State Forestry Best Management Practices For Water Quality (BMP),"
as amended, to the extent that said BMP does not contradict the provisions
of the Zoning Law, in which case the provisions of the Zoning Law
shall control.
(2)
The loading and skidding of timber shall not be conducted on Town
roads nor shall landings be located on Town roads.
(3)
Wood chips, crushed stone, or other approved materials will be used,
where access roads meet public roads in order to prevent debris from
tracking onto the public road.
(4)
All commercial logging operations and activities, including related
stormwater runoff, shall be contained within the subject parcel or
parcels and shall not impact adjacent parcels or public roads.
(5)
Haul roads used during the commercial logging operation shall avoid,
to the extent practicable, slopes of 10% grade or more and 5% grade
or more on highly erodible soils.
(6)
Haul roads shall not be located within 200 feet of any perennial
stream or wetland to the extent practicable. Said zone shall be measured
from the mean high water line of the stream or the boundary of the
wetland. All perennial stream crossings shall be constructed and maintained
in accordance with the New York State BMP, as amended and any necessary
permits for stream crossings of protected streams or protected wetlands
shall be secured prior to approval of a commercial logging permit.
(7)
No skidding or other commercial logging activities shall occur within
200 feet of the mean high water line of a perennial stream or wetland.
G.
Review by the Town Highways Superintendent and Conservation Advisory
Council.
(1)
The Planning Board shall refer all applications for large-scale commercial
logging permits as follows:
(a)
Town Highway Superintendent. The Town Highway Superintendent
shall be responsible for review of large-scale commercial logging
permit applications as follows:
[1]
Conduct a site inspection to determine if the proposed commercial
logging and related activities could impact traffic safety and/or
the condition of Town roads in accordance with Section 302 of the
Miscellaneous Provisions of the New York State Highway Law. The Highway
Superintendent shall report back to the Planning Board, within 30
days of having received the referral, and shall include any suggestions
for specific changes to proposed plans or permit conditions. If no
recommendation is submitted to the Planning Board by the date of the
public hearing to consider the large-scale commercial logging permit
application, then it shall be considered that the Highway Superintendent
recommends approval of the application.
[2]
The Highway Superintendent shall estimate the funds needed,
if any, for repair of Town roads as a result of the proposed large-scale
commercial logging activities. If the Highway Superintendent determines
that the large-scale commercial logging activities could damage Town
roadways, he or she shall prepare a cost estimate of the potential
monetary impact to Town roadways. Upon notification from the Superintendent
of Highways, the applicant shall deposit an amount equal to such cost
estimate in an escrow account held by the Town for highway repairs
caused by the large-scale commercial logging activities. Upon the
completion of site reclamation, the Highway Superintendent shall perform
an inspection. After completion of this inspection, any remaining
funds not necessary for repair work will be returned to the applicant.
[3]
The Highway Superintendent may require the applicant to create a temporary driveway entrance, in accordance with § 143-73F(3) of the Zoning Law, to the large-scale commercial logging site to prevent damage to the edge of the existing roadway. Said temporary driveway shall only be used during the large-scale commercial logging operation. The temporary driveway shall be removed within 30 days of the conclusion of the large-scale commercial logging and the site of the temporary driveway shall be restored to its previous condition.
(b)
Town Conservation Advisory Council. The Conservation Advisory
Council shall be responsible for review of the large-scale commercial
logging application as follows:
[1]
The Planning Board shall refer the large-scale commercial logging
permit application to the Town Conservation Advisory Council (CAC)
for an advisory opinion, which shall make its recommendations, if
any, in writing to the Planning Board within 30 days of receipt by
the CAC. Failure of the CAC to render an advisory opinion within 30
days after its receipt of the application shall be construed as no
comment on an application.
H.
Site reclamation. After completion of commercial logging activities,
the affected site or sites shall be reclaimed in accordance with the
New York State BMP, as amended. In cases where the BMP is not consistent
with the provisions of the Zoning Law, the Town Zoning Law shall control
including the site reclamation plan submitted at the time of the commercial
logging permit issuance. All reclamation measures are subject to inspection
by the Town Code Enforcement Officer to ensure compliance with this
section.
J.
Insurance. Before commencement of any work pursuant to a commercial
logging permit, the applicant shall provide to the Code Enforcement
Officer proof of worker's compensation insurance or exemption from
coverage as applicable and proof of liability insurance in the minimum
amount of $1,000,000 against any liability arising from the commercial
logging activities. Homeowners undertaking the commercial logging
activities themselves, without engaging a third party, may complete
an Affidavit of Exemption attesting to the fact that their homeowner's
insurance policy provides liability coverage against any liability
arising from the commercial logging activities.
K.
Liability. Neither the issuance of a commercial logging permit, nor
compliance with the provisions of the Zoning Law or with any conditions
imposed by the commercial logging permit issued hereunder, relieve
the applicant from full responsibility for any damage whatsoever to
other persons or property as a result of the commercial logging activities
undertaken, nor shall it impose any liability upon any officers, agents,
or employees of the Town for damage to persons or property.
L.
Application fee. The fee for a commercial logging permit shall be
as provided for in the Town of Red Hook Fee Schedule Resolution, as
amended, and shall be set by resolution of the Town Board.
Alternate-care facilities shall be allowed by
special permit in the I District, provided that:
A.
Any alternate-care facility that will house more than
12 ACF clients shall require a site not less than 10 acres and the
total population thereon, including residents and staff employees,
shall not exceed 10 persons per acre.
B.
The minimum lot frontage per establishment shall be
400 feet.
C.
There shall be a minimum front yard of 150 feet, into
which there shall be no encroachment of parking and of structures
other than a fence, wall or sign not larger than four square feet
in area.
D.
No structure shall be placed closer to a side or rear
property line than 100 feet, and no parking shall be located closer
than 50 feet to a side or rear property line.
E.
Provision for recreation for ACF clients shall be
provided with at least 10% of the total land area developed for both
active and passive outdoor recreational uses.
F.
Any new and/or existing structures shall be constructed,
altered, renovated and maintained in full accordance with the New
York State Uniform Fire Prevention and Building Code and other codes,
rules and regulations that may be imposed by any regulatory or permitting
agency.
G.
All other applicable standards and provisions of the
chapter and other applicable local, county and state land use and
development regulations and requirements shall strictly apply.
Congregate-care facilities in the LD, R1.5,
R1 and I Districts shall be allowed by special permit, provided that:
A.
The minimum lot area shall be five acres, except in
the LD District where 15 acres shall be required, and the congregate-care
facility may only be created through the adaptive reuse of a structure
existing at the time of enactment of this chapter.
B.
No building or parking area shall be located closer
than 50 feet to any side or rear lot line.
C.
The number of residents within the facility shall
not exceed two persons per acre in the LD District or six persons
per acre in the R1.5, R1 and I Districts.
E.
Access to the congregate-care facility site shall
be provided directly from a state or county highway or by a through
Town roadway other than a residential subdivision street.
[Amended 7-12-2011 by L.L. No. 3-2011]
Cemeteries, including mausoleum, shall be allowed
by special permit in the AB, RD5, RD3, H and I Districts, provided
that:
A.
No burial or memorial plats or buildings shall be
located closer than 100 feet to any residential lot line, except that
when a dense evergreen hedge or wall or landscaped strip at least
six feet in height providing complete visual screening from all adjacent
residential property is provided, burial or memorial plats of less
than six feet in height may be located as close as 25 feet to any
residential lot line.
B.
All burials shall be undertaken in strict accordance
with applicable regulations of the New York State Department of State
and the Department of Health.
C.
No crematory for human remains shall be permitted
within or considered accessory to a cemetery.
[Amended 5-30-2018 by L.L. No. 3-2018]
Child day-care centers, nursery schools or day nurseries shall
be allowed by special permit in the LD, RD5, RD3, R1.5, R1, H, I,
HB and B1 Districts, provided that:
A.
The maximum number of children enrolled on a regular
basis shall be 40.
B.
Off-street parking shall be provided in accordance
with the following criteria: one parking space per five persons at
peak enrollment based on facility design, plus one parking space per
employee.
C.
Minimum outdoor recreation and activity area of 200
square feet per child shall be provided, with any such outdoor recreation
area located in the side or rear yard, not less than 50 feet from
any neighboring residential property line and effectively screened
by intervening landform and/or vegetation therefrom.
D.
Access to the child day-care center shall be provided
directly from a state or county highway or a through Town roadway
other than a residential subdivision street.
E.
The facility shall be operated and maintained in accordance
with applicable laws, rules and regulations, including § 390
of the Social Services Law of the State of New York.
Churches or other places of worship shall be
allowed by special permit in the RD5, RD3, R1.5, R1, H and I Districts,
provided that:
A.
Minimum lot area shall be three acres, except in the
RD5 District where a minimum lot area of five acres shall be required.
B.
Access shall be provided either directly from a state
or county highway or by a through Town roadway other than a residential
subdivision street.
C.
No building shall be erected or parking area located
closer than 50 feet to any public right-of-way or property line or
such greater minimum distance as required for the zoning district
in the District Schedule of Area and Bulk Regulations.[1]
[1]
Editor's Note: The schedule has been included
at the end of this chapter.
[Amended 7-12-2011 by L.L. No. 3-2011; 5-30-2018 by L.L. No. 3-2018]
Cultural facilities (e.g., libraries, art galleries or museums)
shall be allowed by special permit in the LD, H, I, and HB Districts,
and museums and agricultural learning institutions shall be allowed
in the AB District, provided that:
A.
The minimum lot area shall be three acres, except
in the LD District where a minimum lot area of 10 acres shall be required.
B.
Access shall be provided either directly from a state
or county highway or by a through street with at least one point of
connection with a state or county highway.
C.
No building or parking area shall be located closer
than 50 feet to any public right-of-way or property line, or such
greater minimum distance required for the zoning district in the District
Schedule of Area and Bulk Regulations.[1]
[1]
Editor's Note: Said schedule is included at the end of this chapter.
Day camps in the LD, RD5, RD3 and I Districts
shall be allowed by special permit, provided that:
A.
The minimum lot area shall be 10 acres.
B.
No activity area or recreational facility associated
with the day camp shall be closer than 100 feet to any property line
and shall be effectively screened by intervening landform or vegetation
from any abutting residential property.
C.
Adequate water supply and sewage disposal facilities
shall satisfy all applicable requirements of the Town of Red Hook,
the Dutchess County Health Department and the New York State Departments
of Health and Environmental Conservation.
D.
Not more than 12 day campers per acre shall be accommodated.
Educational campuses, as defined in § 143-4 of this chapter, shall be allowed by special permit in the I District, provided that:
A.
An overall plan of land and structure development
and use and an associated program for facility operation and management
shall be depicted within a campus master plan report. The campus master
plan report shall include a facility-wide master site plan at a scale
of not less than one inch equals 100 feet and related narrative at
a suitable level of detail to describe the following features of the
educational campus:
(1)
The existing and proposed use designation for all
land included within the application for special use permit.
(2)
The intended development of each of the designated
use areas, including a graphic depiction of major buildings and their
intended uses and occupancies, parking areas, other structures and
principal open spaces, whether existing or proposed, including a tabular
presentation of acreage, building square footage, dormitory rooms,
classroom seating occupancies, parking requirements and other quantifiable
factors by use.
(3)
The proposed pattern of vehicular and pedestrian circulation
throughout the campus site.
(4)
The proposed program and facilities for satisfying
water supply, sewage disposal and related infrastructure demands.
(5)
The proposed methods of preserving the natural and
man-made resources of the campus site, including but not limited to
the exterior of existing historic or architecturally significant structures,
landscaping, stone walls, entrance gates, woodlands, streams, ponds,
marshes, steep slopes and other amenities.
(6)
The intended program and schedule for development
of all elements depicted on the facility-wide master site plan, including
a discussion of the extent of educational campus development that
will be in place at the conclusion of each of the project's phases,
if phasing is proposed.
B.
The primary use of the campus shall be for an educational
institution, as defined in this chapter. In the event that the educational
institution has or is planned for an enrollment of 500 or more students,
the following education-related uses may be authorized within the
educational campus:
(1)
Residential uses. One-family dwellings, either attached
or detached, to provide housing for personnel employed by the institution
and meeting the following standards:
(a)
The gross density of that portion of the educational
campus set aside for residential use by nonstudents shall not exceed
one dwelling unit per acre with central water supply and common sewage
facilities or one dwelling unit per three acres with individual on-site
water and/or sewage facilities.
(b)
Dwelling units, as authorized above, may be
clustered at a net density not to exceed four dwelling units per acre.
(c)
Deed restrictions or other agreements satisfactory
to the Planning Board shall be required to ensure that the residential
dwellings serve their intended objective and that common open space,
roadways and other facilities serving the residential use shall be
owned and maintained in accordance with Town, the Dutchess County
Health Department and other requirements.
(d)
No residential dwellings provided within an
educational campus shall have direct access from a state highway.
(2)
Nonresidential uses. Nonresidential uses related to the educational function of the institution or serving the students, faculty or administrators of the institution and the community may be permitted if described within the campus master plan report and approved by the Planning Board. Such uses shall additionally conform to any applicable standards set forth elsewhere in this chapter, including the supplementary regulations set forth in Article V.
C.
The educational campus shall be located on a site
of not less than 100 acres.
D.
The educational campus shall be directly accessible
from a state or county highway or by at least two Town roadways other
than residential subdivision streets.
E.
All buildings and other structures, parking and other
outdoor activity areas associated with the educational institution
shall have a minimum setback of 100 feet from any property line and
200 feet from any existing neighboring residence.
F.
Upon issuance of a special use permit for the educational campus, any development of the uses and related improvements described on the facility-wide master plan may be undertaken following project-specific site plan review and approval by the Planning Board in accordance with the requirements of Article VI of this chapter.
(1)
A new application for special use permit shall not
be required unless the intended development is either:
(a)
Not depicted within the campus master plan report;
(b)
Substantially larger or more intensive than
depicted in the campus master plan report; or
(c)
Inconsistent with any conditions which may have
been attached by the Planning Board in issuing the special use permit,
including consideration of project phasing or other requirements intended
to mitigate potential environment effects of campus facility development.
(2)
In such circumstance, the new application for special
permit must be accompanied by a revised campus master plan report
as set forth above.
Educational institutions, as defined in § 143-4 of this chapter, shall be allowed by special permit in the RD3 and I Districts, provided that:
A.
The minimum lot area for an educational institution
shall be 25 acres.
B.
Access to the site of the educational institution
shall be directly from a state or county highway or by a through Town
roadway other than a residential subdivision street.
C.
All buildings and other structures, parking and outdoor
activity areas associated with the educational institution shall have
a minimum setback of 100 feet from any property line and 200 feet
from any neighboring residence.
Hospitals shall be allowed by special permit
in the RD5, RD3 and I Districts, provided that:
A.
The minimum lot area shall be 10 acres.
B.
No building or parking area shall be located closer
than 50 feet to any side or rear lot line.
C.
Access to the hospital site shall be provided directly
from a state or county highway.
D.
The maximum number of beds shall not exceed six per
acre in the RD5 or RD3 Districts or nine per acre in the I District.
Nursing homes shall be allowed by special permit
in the R1 and I Districts, provided that:
Public transportation terminals shall be allowed
by special permit in the H, I, B1 and B2 Districts, provided that:
A.
The facility shall, if located in an H or I District,
have, through the use of appropriate building form and materials,
the exterior appearance of a principal or accessory residential structure.
B.
Off-street parking shall be provided in suitable number
to avoid encroachment onto neighboring properties or public rights-of-way
during the hours of peak facility use.
C.
Suitable landscaping, including screening from public
roadways and neighboring properties, shall be provided in accordance
with both the requirements otherwise established within this chapter
and those further requirements deemed necessary by the Planning Board
in review of the special use permit application.
D.
No building or other structure or parking, loading
or storage area shall be located less than 100 feet from the nearest
residential property line or less than 200 feet from the nearest dwelling.
Airport facilities shall be allowed by special
permit in the RD3 District, provided that:
A.
The facility shall be sited on a tract of not less
than 60 acres. The tract shall include an airport facility existing
at the time of enactment of this chapter.
B.
The overall plan for development of the airport property
must be depicted on a concept-level master plan for the ultimate use
and development of not less than the minimum acreage set forth above,
which master plan shall be reviewed and approved by the Planning Board
as part of the special use permit review procedure prior to any project-specific
application for either site plan approval and/or a building permit
related to the affected property. Any subsequent amendment to the
master plan must be similarly considered by the Planning Board pursuant
to the special use permit review procedure.
C.
The following uses, buildings and other structures
shall be eligible for inclusion in the airport property master plan
as accessory to the airport runway:
(1)
Off-street parking for automobiles and commercial
vehicles.
(2)
Off-street loading areas.
(3)
Emergency ambulance.
(4)
Aircraft tie-downs.
(5)
Fuel sales exclusively in support of airport activity.
(6)
Helicopter port.
(7)
Taxi stand or limousine service.
(8)
Fire pump station.
(9)
Utility services essential to airport operations.
D.
The following uses shall be authorized, to the extent
described below, as principal uses, buildings and structures on the
site, provided that their ownership, use and location are closely
coordinated with airport operations:
(1)
Retail shop for aviation-related supplies, accessories
and gifts, not to exceed 2,000 square feet in gross floor area.
(2)
Office and research buildings, not to exceed two stories
in height or 10,000 square feet in gross floor area per story.
(3)
Coffee shop.
(4)
Fully enclosed airport maintenance shop facilities.
(5)
Aircraft hangers.
(6)
Aviation and ground schools.
(7)
Weather station.
(8)
Communication center.
(9)
Airplane sales.
(10)
Fabrication, repair, testing and indoor storage
of aircraft equipment and parts.
(11)
Accessory signage, not to exceed 50% of that
allowable within the Business 2 (B2) District.
E.
The following development standards shall be applicable
to all uses, buildings and other structures that are part of the airport
facility:
(1)
Building design. To the extent practicable, buildings
should exhibit a residential character consistent with the RD3 low-density
residential setting. When siting buildings and locating parking areas,
tie-downs and related permissible outdoor uses, special consideration
should be given to protecting the views and the tranquil environment
of neighboring residential property owners through substantial setbacks
of not less than 200 feet from any residential property line, maintenance
of existing buffers and, where applicable, the introduction of intervening
landform and natural vegetation.
(2)
Safety. Airport facility design and the siting of
all uses and structures within the airport facility shall meet or
exceed all safety standards recommended by the Federal Aviation Administration
(FAA) and shall not impede the safe development of adjacent lands
for purposes authorized under this chapter.
(3)
Maximum building coverage and minimum open space.
The total building coverage within the airport facility shall not
exceed 5% of the facility's gross land area. Not more than 30% of
the total authorized building coverage may be devoted to office and
research buildings. The calculation of building coverage shall include
all principal and accessory structures, either permanent or temporary,
both wholly and partially enclosed. The minimum maintained open space
within the airport facility shall not be less than 65% of the total
land area.
[Amended 7-12-2011 by L.L. No. 3-2011]
Commercial boarding and/or breeding kennels
or animal hospitals (unenclosed) shall be allowed by special permit
in the AB, RD5, RD3 and B2 Districts, provided that:
A.
Both a boarding and/or breeding kennel and an animal
hospital (unenclosed) comply with the following criteria:
(1)
Hours of operation shall be limited to 7:00 a.m. to
8:00 p.m. "Hours of operation" means those hours when dogs are brought
to and from the establishment and when dogs are allowed out of cages.
(2)
Buildings housing dogs after hours of operation shall
be soundproofed so that noises emitted from the kennel building when
measured at any neighboring property line shall not exceed 50 decibels.
(3)
All kennels shall be screened from all adjacent public
rights-of-way and property lines with intervening landform, vegetation
and/or fencing so as not to be openly visible from said rights-of-way
or property lines.
B.
A boarding kennel complies with the following additional
standards:
(1)
Minimum site area of 15 acres.
(2)
Maximum lot coverage of 10%.
(3)
Minimum setback of 300 feet from any property line
for a dog run or any building intended for the housing of dogs.
(4)
Enclosure of all buildings and/or dog runs used for
the housing of dogs by fencing of a type of construction and height,
not less than six feet, sufficient to confine any dogs on the premises.
C.
A breeding kennel complies with the following additional
standards:
(1)
Minimum site area of 10 acres.
(2)
Maximum lot coverage of 10%.
(3)
Minimum setback of 300 feet from any property line
for a dog run or any building intended for the housing of dogs.
(4)
Enclosure of all buildings and/or dog runs used for
the housing of dogs by fencing of a type of construction and height
appropriate to the general size of the pure-breed dogs being housed,
e.g., four-foot height for toy, miniature, small and similar size
breeds; six-foot height for medium, large, giant and similarly sized
breeds. Fencing shall be sufficient to confine all housed dogs on
the premises.
(5)
Maximum number of 12 dogs housed over one year in
age, except that additional dogs may be housed if for each four additional
dogs one additional acre of land is provided and compliance continues
with all other standards applicable to the special use permit.
[Amended 6-26-2019 by L.L. No. 5-2019]
Conference centers shall be allowed by special permit in the
LD and I Districts, provided that:
A.
The establishment of the conference center facilitates the development
of a parcel of not less than 50 acres in low-intensity, nonresidential
use while preserving existing buildings through adaptive reuse and/or
scenic and natural areas important to the community.
B.
The following design objectives are met:
(1)
The exterior of existing houses, barns and related structures shall
be appropriately rehabilitated and restored whenever feasible. Consideration
shall be given to quality of original architecture and subsequent
modifications, current condition and relationship of the structures
to the overall property or area when considering the feasibility of
appropriate rehabilitation and/or restoration.
(2)
Formal and informal landscaping, stone walls, entrance gates and
similar features shall be preserved whenever feasible.
(3)
New construction shall be sited so as to have a minimum impact on
fields, meadows and woodlands. Major grading or changing of topography
shall not be permitted.
(4)
Unique natural areas and open spaces such as bays, streams, ponds,
marshes, steeply sloped areas, woodlands, etc., shall be preserved.
C.
The maximum floor area of all conference center facilities shall
not exceed 5% of the land included in the project proposal.
D.
Access to the facility shall be from a state or county highway or
a through Town roadway other than a residential subdivision street.
E.
No building or parking area associated with the conference center
shall be located closer than 150 feet to any property line, nor within
250 feet of any neighboring residence.
F.
Adequate water supply and sewage disposal facilities shall be provided
in accordance with the requirements of the Town of Red Hook, the Dutchess
County Department of Health and the New York State Departments of
Health and Environmental Conservation.
[Amended 7-12-2011 by L.L. No. 3-2011; 7-10-2012 by L.L. No.
3-2012; 5-30-2018 by L.L. No. 3-2018]
Convenience stores, as defined in § 143-4 of this chapter, shall be allowed by special permit in the B1 and B2 Districts, provided that:
A.
The maximum gross floor area shall be 2,000 square
feet.
B.
Those establishments which sell gasoline in combination
with a quick-stop retail food outlet shall:
(1)
Ensure that adequate parking is available on site
for customers making purchases at the store but not buying gasoline.
This parking area shall be located in such a manner that it does not
interfere with the safe entry and exit of vehicles purchasing gasoline.
(2)
Be limited to not more than 12 fuel dispensing nozzles.
C.
The establishment shall:
(1)
Provide an enclosed and suitably screened trash dumpster
for disposal of stock packings removed by store employees and other
appropriate trash receptacles for customer use on the premises.
(2)
Maintain no outdoor displays of merchandise.
(3)
Locate all vending or ice machines within the building.
(4)
Direct all rooftop heating/ventilation/air-conditioning
or refrigeration units away from adjacent residential properties.
[Amended 7-12-2011 by L.L. No. 3-2011; 5-30-2018 by L.L. No. 3-2018; 6-26-2019 by L.L. No. 5-2019]
Farmers' markets, as defined in § 143-4 of this chapter, shall be allowed by special permit in the AB, HB, B1, and B2 Districts, provided that:
A.
If the farmers' market involves the construction or use of permanent structures or other improvements, including parking surfaces and signage, all applicable standards of this chapter relating to a business use in the HB, B1, or B2 District, as applicable, shall be met, including compliance with the site plan review and approval procedure set forth in Article VII herein.
B.
If the farmers' market involves the use of temporary structures,
such as tents or similar shelters, such structures may be erected
only during periods of farmers' market activity and may be in place
not more than 24 hours prior to or following such sales activity.
The display of signage shall be restricted by the same time requirements
and limited to on-site locations.
C.
In either case, the farmers' market site shall be maintained in a
neat and orderly manner, and no outdoor or other storage of goods,
vehicles, temporary structures, signage or other features shall occur
on the site except in a wholly enclosed building.
[Amended 7-12-2011 by L.L. No. 3-2011; 7-10-2012 by L.L. No.
3-2012; 5-30-2018 by L.L. No. 3-2018]
Gasoline stations or automobile service facilities shall be
allowed by special permit in the B1 and B2 Districts, provided that:
A.
No such establishment shall be located within 200
feet of any school, church, public library, theater, hospital, park,
playground or other public gathering place designed for occupancy
by more than 50 people.
B.
The area for use by motor vehicles, including display and storage, except access drives thereto, as well as any structures shall not encroach on any required yard area, with it further provided that no building shall be erected closer than 50 feet to any street or lot line or such greater dimension as is required within Article IV of this chapter.
C.
No fuel pump or associated canopy structure shall
be located within 25 feet of any lot line or within the required side
or front yard, whichever shall be more restrictive. The station layout
shall eliminate the necessity of any vehicle backing into a public
right-of-way.
D.
Entrance and exit driveways shall total no more than
two in number and shall have an unrestricted width of not less than
24 feet nor more than 30 feet and be located no closer than 15 feet
to any side lot line.
E.
Gasoline or flammable oils in bulk shall be stored
fully underground, in accordance with New York State DEC Part 614
Regulations, and may not be closer than 25 feet to any lot or street
line.
F.
All major repair work, storage of materials, supplies
and parts shall be located within a structure completely enclosed
on all sides, not to be construed as meaning that the doors on any
repair shop must be kept closed at all times.
G.
No inoperative motor vehicle shall be kept on the
premises for longer than 30 calendar days except in instances where
necessary repair parts have been ordered and delivery is awaited.
The location of all such inoperative vehicles shall be suitably screened
to obscure view from both neighboring properties and public rights-of-way.
H.
In addition to other landscaping requirements established
by this chapter, suitable year-round buffering and landscaping shall
be provided in all rear and side yards through a mix of deciduous
and evergreen planting.[1]
[1]
Editor’s Note: Former Subsection I, regarding placement
of fuel pumps in the TND District, which immediately followed this
subsection, was repealed 5-30-2018 by L.L. No. 3-2018. This local
law also repealed former § 143-91.1, Self-storage warehouse,
added 7-12-2011 by L.L. No. 3-2011, which immediately followed Subsection
I.
Lodging facilities shall be allowed by special permit in the
AB, LD, HB, B1 and I Districts, provided that:
A.
A lodging facility shall be limited to a maximum of:
(1)
Ten guestrooms in the AB District, unless lot frontage and access
to the facility is provided from a state highway, in which case a
lodging facility shall be limited to 16 guest rooms;
(2)
Twenty-five guest rooms in the LD and I Districts, provided that
lot frontage and access to the facility is provided from a state or
county highway;
(3)
Eight guest rooms per acre in the HB and B1 Districts, with a maximum
of 25 guest rooms.
B.
The minimum lot area for a lodging facility established through adaptive
reuse shall be five acres in the AB, LD and I Districts, and two acres
in the HB and B1 Districts.
C.
The minimum lot area for construction of a new lodging facility in
the AB, LD and I Districts shall be 15 acres, and two acres in the
HB and B1 Districts.
D.
All uses integral to the lodging facility shall either be clearly accessory to the lodging facility, as defined in § 143-4 of this chapter, unless separately permitted as a principal permitted or special permit use within the zoning district in which the lodging facility is proposed. Permitted accessory uses to a lodging facility include:
(1)
Meeting rooms.
(2)
Restaurant open to both its guests and the general public. The total
number of seats in its dining room(s) shall not exceed two seats per
guest room.
(3)
A health spa.
(4)
Such accessory uses shall not be construed to include a bar, tavern
or nightclub open to the general public.
E.
Adequate water supply and sewage disposal facilities shall be provided
in accordance with the requirements of the Town of Red Hook, the Dutchess
County Health Department and the New York State Department of Health
or Environmental Conservation.
F.
No parking area or other improvement associated with the facility
shall be located within 50 feet of a property line in the AB, LD,
or I Districts. Screening shall be provided by intervening landform
and/or vegetation to reduce visual and other impact on neighborhood
residential properties.
[1]
Editor's Note: This local law also repealed former § 143-92,
Hotel or motel establishments.
[1]
Editor's Note: Note: Former § 143-93, Inns, as amended,
was repealed 3-8-2016 by L.L. No. 1-2016.
[Amended 6-26-2019 by L.L. No. 5-2019]
Office parks, as defined in § 143-4 of this chapter, shall be allowed by special permit in the B1 and B2 Districts, provided that:
A.
The overall project site shall be a single parcel with a minimum
of eight acres if located within either the B1 or B2 District.
B.
Any individual lot created within an approved office park development
shall not be less than 1.5 acres within either the B1 or B2 Districts.
C.
An overall plan, including appropriate material and design guidelines, shall be presented for facility-wide building, landscaping and related improvements. The overall plan shall also describe proposed parcellation, if any, and by location and square footage the intended mix of permissible office, personal service and business service establishments. A program shall also be defined for the allocation of total permissible signage among the various office park tenants and/or occupancies. Said schedule shall, in combination with the standards set forth in § 143-27 of this chapter, serve as the basis for the Zoning Enforcement Officer's consideration of applications for the issuance of individual sign permits within the office park.
D.
Adequate water supply and sewage disposal facilities shall be provided
in accordance with the requirements of the Town of Red Hook, the Dutchess
County Department of Health and the New York State Departments of
Health and Environmental Conservation.
E.
Not less than 40% of the total acreage within the office park shall
be comprised of suitably landscaped and maintained open areas.
F.
Proper provision shall be made for the long-term ownership and maintenance
of open space and associated landscaping, parking areas, accessways,
water supply and sewage disposal facilities, signage, lighting and
other features appurtenant to the office park development.
G.
A written statement shall be provided indicating intent as to final
ownership, including plans for rental, cooperative, condominium, fee
simple sale or some combination. This should include the proposed
ownership and maintenance plan for the open space areas and other
improvements, as cited above.
H.
A proposed development schedule shall be submitted indicating anticipated
dates for the start and completion of construction and occupancy of
the one or several phases of the office park project, most particularly
including a schedule for the installation of project-wide infrastructure.
I.
A separate special use permit shall not be required for the establishment of individual uses within an office park once a special use permit has been issued by the Planning Board for the office park use in its entirety, provided that such uses are consistent with the office park master plan which accompanied the special permit application, including the further consideration of any modifications or conditions that may have been imposed by the Planning Board in its issuance of the special use permit. Prior to the initiation of any land alteration or building construction within the office park or any authorized parcel, lot, portion or phase thereof, site plan review and approval in accordance with Article VII of this chapter shall, however, be required on a project-specific basis, and if individual building sites are provided, subdivision plat approval shall be required pursuant to Chapter 120, Subdivision of Land.
Recreational vehicle parks shall be allowed
by special permit in RD3 District, provided that:
A.
The minimum lot area shall be 30 acres.
B.
Not more than four tent platforms or two recreational
vehicle, camper or travel trailer sites or similar accommodations
per gross acre of lot area shall be permitted.
C.
Permitted tent platforms, recreational vehicle, camping
or travel trailer sites or similar accommodations may, however, be
clustered, provided that each such accommodation shall have at least
8,000 square feet of associated land area, i.e., a maximum net density
of 5.4 such sites per acre.
D.
Central water supply and common sewage disposal facilities
shall be provided in accordance with the requirements of the Town
of Red Hook, the Dutchess County Department of Health and the New
York State Departments of Health and Environmental Conservation.
E.
No tent platform, recreation vehicle or camping or
travel trailer site, other building or structure location, parking
area or recreation facility shall be located closer than 100 feet
to any property line, water body or watercourse, nor within 250 feet
of any existing neighboring residence. Any such improvements shall
additionally be effectively screened by intervening landform and/or
vegetation from neighboring properties and public rights-of-way.
F.
Suitable open space areas shall be set aside and maintained
for recreation facilities such as swimming pools, court games or other
active or passive recreation activities for patron use.
G.
No such facility shall operate prior to May 15 or
later than October 15 during any calendar year.
[Amended 7-12-2011 by L.L. No. 3-2011]
Restaurants shall be allowed by special permit
in the AB and RD3 Districts, provided that:
A.
In the AB District, a restaurant shall be accessory to a lodging
facility or farm market and shall meet the setback requirements for
such associated uses.
[Amended 3-8-2016 by L.L.
No. 1-2016]
B.
In the RD3 District, the minimum setback for any new
structure, parking lot or other outdoor facility appurtenant to the
restaurant from any property line of an existing residence shall be
100 feet. The intervening area shall be suitably landscaped or maintained
and enhanced in its natural state as a visual and noise-deterring
buffer.
C.
Access to the restaurant site shall be provided directly
from a state or county highway or by a through Town roadway other
than a residential subdivision street.
D.
Adequate water supply and sewage disposal facilities
shall satisfy all applicable requirements of the Town of Red Hook,
the Dutchess County Health Department and the New York State Departments
of Health and Environmental Conservation.
[1]
Editor’s Note: Former § 143-97, Fast-food or drive-in
restaurants, was repealed 5-30-2018 by L.L. No. 3-2018.
Riding academies or boarding stables shall be
allowed by special permit in the RD5 and RD3 Districts, provided that:
A.
The minimum lot area shall be 10 acres.
B.
The maximum number of horses permitted shall be limited
to the keeping of one horse per acre of lot area.
C.
Buildings or other fully enclosed structures associated
with the facility shall be located not less than 100 feet from any
property line, nor less than 250 feet from any neighboring residence.
D.
No riding ring or manure storage areas shall be located
within 100 feet of any lot line, nor shall any manure storage area
be located within 100 feet of any stream or other water body or well
providing a source of potable water, nor within 200 feet of the nearest
neighboring residence.
Shopping centers, as defined in § 143-4 of this chapter, shall be allowed by special permit in the B1 District, provided that:
A.
The overall project site is a minimum of eight contiguous
acres. Any individual lots (i.e., outparcels) created within the shopping
center site shall be not less than 20,000 square feet in area.
B.
The land proposed as a shopping center may be owned
by more than one person but shall be considered a single contiguous
parcel of land for purposes of special use permit application to the
Planning Board. The application shall be submitted jointly by all
owners, and if approved, the approval shall be jointly binding on
all owners.
C.
An overall plan, including appropriate material and design guidelines, shall be presented for facility-wide building, landscaping, signage and related improvements. The overall plan shall also describe by location and square footage the intended mix of retail, restaurant, office, personal service and business service establishments within the shopping center. A program shall also be defined for the allocation of total permissible signage among the various shopping center tenants and/or occupancies. Said schedule shall, in combination with the standards set forth in § 143-27 of this chapter, serve as the basis for the Zoning Enforcement Officer's consideration of the applications for the issuance of individual sign permits within the shopping center.
D.
Adequate water supply and sewage disposal facilities
shall be provided in accordance with the requirements of the Town
of Red Hook, the Dutchess County Department of Health and the New
York State Departments of Health and Environmental Conservation.
E.
Proper provision shall be made for the long-term ownership
and maintenance of open space and associated landscaping, parking
areas, accessways, water supply and sewage disposal facilities, signage,
lighting and other features appurtenant to the shopping center development.
F.
Required open space shall be distributed throughout the site in accordance with sound site planning practices and the more specific requirements set forth in the Article IV District Schedule of Area and Bulk Regulations,[1] and § 143-26B(2) of this chapter.
[1]
Editor's Note: The schedule has been included
at the end of this chapter.
G.
Off-street parking spaces shall be provided at the rate of 5.5 spaces per 1,000 square feet of gross floor area for any shopping center development in excess of 60,000 square feet. In all other cases, parking requirements shall be calculated and parking provided in accordance with the parking schedule set forth in § 143-26B(1) of this chapter.
H.
A proposed development schedule shall be submitted
indicating anticipated dates for the start and completion of construction
and occupancy of the one or several phases of the shopping center
project.
I.
A separate special use permit shall not be required for the establishment of individual uses within a shopping center once a special use permit has been issued by the Planning Board for the shopping center use in its entirety, provided that such uses are consistent with the shopping center master plan which accompanied the special permit application, including the further consideration of any modifications or conditions that may have been imposed by the Planning Board in its issuance of the special use permit. Prior to the initiation of any land alteration or building construction within the shopping center or any authorized outparcel, portion or phase thereof, site plan review and approval in accordance with Article VII of this chapter shall, however, be required on a project-specific basis and, if individual building sites are provided, subdivision plat approval shall be required pursuant to Chapter 120, Subdivision of Land.
J.
Except as otherwise provided herein, all other requirements for development within the B1 District, including but not limited to those minimum requirements set forth in either the Article IV District Schedule of Area and Bulk Regulations[2] or Article V, Supplementary Regulations, shall be strictly met.
[2]
Editor's Note: The schedule has been included
at the end of this chapter.
[Amended 5-30-2018 by L.L. No. 3-2018]
Theaters for the performing arts in the I and HB Districts shall
be allowed by special permit, provided that:
A.
In the HB District, a theater for performing arts shall be limited
to a maximum of 100 persons and shall be located on a site a minimum
of two acres.
B.
In the I District, a facility designed for 1,000 or fewer persons
may be located on a site of a minimum of 10 acres; a facility with
a design capacity in excess of 1,000 persons shall have a minimum
site area of 10 additional acres for each additional 500 persons accommodated.
C.
Access to the facility, if designed to accommodate more than 1,000
persons, shall be directly from a state highway. A county or Town
roadway, other than a residential subdivision street, may provide
suitable access to a facility for 1,000 or fewer persons, if such
adequacy is demonstrated through a traffic study of affected roadway
links and intersections, including consideration of roadway capacity,
sight distance and related factors.
D.
In the I District, all buildings and other structures, parking and
outdoor activity areas, including amphitheater seating arrangements,
shall have a minimum setback of 150 feet from any property line and
250 feet from any neighboring residence.
F.
In its review of a special use permit application for the establishment
of a theater for the performing arts, the Planning Board shall encourage
proposals which contribute significantly to other Town land use and
development objectives, including the preserving of historically and/or
architecturally significant buildings through adaptive reuse or the
long-term conservation of scenic and natural areas important to the
community.
[1]
Editor’s Note: Former § 143-101, Bulk fuel storage
and distribution, was repealed 6-26-2019 by L.L. No. 5-2019.
[1]
Editor’s Note: Former § 143-102, Collection of
spring waters and operation of associated bottling works, was repealed
6-26-2019 by L.L. No. 5-2019.
A.
Commercial communications receiving and/or transmitting
facilities shall be allowed by special permit in the AB and RD3 Districts,
provided that:
[Amended 7-12-2011 by L.L. No. 3-2011]
(1)
The tower or antenna shall be less than 100 feet in
height and shall be not less than 150 feet from any property line.
(2)
The tower or antenna shall be screened from surrounding
properties, adjacent property lines or public rights-of-way by intervening
vegetation or landform to the extent practicable and without adversely
affecting the operation of the tower or antenna.
B.
Telecommunications towers.
[Added 12-23-1998]
(1)
Purpose; exemption.
(a)
The Town of Red Hook, Dutchess County, State
of New York, has several important scenic, historic and cultural resources
located within its boundaries. These assets are protected through
the Town's Master Plan and Zoning Code.
(b)
Recognizing that wireless communication facilities
are permitted under Section 704 of the Federal Telecommunications
Act of 1996, the Town of Red Hook seeks to protect its community character
and minimize the impacts of cell towers through the adoption of a
local law regulating these facilities.
(c)
Thus, the governing Board shall be sensitive
to watersheds, historic sites, state and locally designated scenic
roads, scenic areas of statewide significance and the Hudson River
when siting any wireless communication facility.
(d)
The purpose of these supplemental regulations
is to promote the health, safety and general welfare of the residents
of the Town of Red Hook; to provide standards for the safe provision
of telecommunications consistent with applicable federal and state
regulations; to minimize the total number of telecommunications towers
in the community by encouraging shared use of existing and future
towers and the use of existing tall buildings and other high structures;
and to minimize adverse visual effects from telecommunications towers
by requiring careful siting, visual impact assessment and appropriate
landscaping.
(2)
Application of special permit regulations.
(a)
No telecommunications tower, except those approved
prior to the effective date of this subsection, shall be used unless
in conformity with these regulations. No telecommunications tower
shall hereafter be erected, moved, reconstructed, changed or altered
unless in conformity with these regulations. No existing structure
shall be modified to serve as a telecommunications tower unless in
conformity with these regulations.
(b)
Applicants proposing to collocate on a previously approved telecommunications tower do not require a special permit. They are, however, subject to site plan review in accordance with Article VII (§§ 143-113 to 143-123, describing site plan requirements and procedures). The Planning Board may require the applicant to submit any of the items under Subsection B(3)(a) below as part of the site plan review process.
(c)
The regulations shall apply to all property
within the following zone: RD3. Telecommunications towers shall be
specifically excluded from all other zones.
(d)
Applications for construction of new telecommunications
towers shall comply with the Code of Federal Regulations pertaining
to objects affecting navigable airspace as delineated within Federal
Aviation Regulations (PAR) Part 77. Additionally, no application for
construction of a new telecommunications tower will be approved if
the proposed tower violates the criteria for obstruction to air navigation
as established by FAR Part 77, Subpart c, Obstruction Standards.
(3)
Shared use of existing tall structures. At all times,
shared use of existing tall structures (for example municipal water
towers, multistory buildings, church steeples, farm silos etc.) and
existing or approved towers [see Subsection C(2)(b) above.] shall
be preferred to the construction of new towers.
(a)
An applicant proposing to share use of an existing
tall structure shall be required to submit:
[1]
A completed application for a special permit.
[2]
Documentation of intent from the owner of the
existing facility to allow shared use.
[3]
A site plan. The site plan shall show all existing
and proposed structures and improvements, including antennas, roads,
buildings, guy wires and anchors, parking and landscaping and shall
include grading plans for new facilities and roads. Any methods used
to conceal the modification of the existing facility shall be indicated
on the site plan.
[4]
An engineer s report certifying that the proposed
shared use will not diminish the structural integrity and safety of
the existing tall structure and explaining what modifications, if
any, will be required in order to certify to the above.
[5]
A completed short EAF and a completed visual
EAF addendum.
[6]
A copy of its Federal Communications Commission
(FCC) license.
(b)
If an applicant proposing to share use of an
existing tall structure submits complete and satisfactory documentation
in accordance with Subsection C(3)(a) above and if modifications indicated
according to Subsection C(3)(a) are deemed insignificant by the Board,
and after the Board conducts a public hearing and complies with all
SEQRA provisions, the Board shall grant a special permit without further
review under this section. If the Board determines that any modifications
indicated according to Subsection C(3)(a) are significant, it may
require further review according to Subsection C(8) through (18) below.
(4)
New telecommunications tower. The Board may consider
a new telecommunications tower when the applicant demonstrates that
shared use of existing tall structures and existing or approved towers
is impractical. An applicant shall be required to present an adequate
report inventorying all existing tall structures and existing or approved
towers within a reasonable distance of the proposed site. This distance
shall be determined by the Board in consultation with the applicant.
The report shall outline opportunities for shared use of these existing
facilities as an alternative to a proposed new tower. The report shall
demonstrate good faith efforts to secure shared use from the owner
of each existing tall structure and existing or approved towers as
well as documentation of the physical, technical and/or financial
reasons why shared usage is not practical in each case. Written requests
and responses for shared use shall be provided.
(5)
Shared usage of an existing tower site for placement
of a new tower. Where shared use of existing tall structures and existing
or approved towers is found to be impractical, the applicant shall
investigate shared usage of an existing tower site for its ability
to accommodate a new tower and accessory uses. Documentation and conditions
shall be in accordance with Subsection C(4) above. Any proposals for
a new telecommunications tower on an existing tower site shall also
be subject to the requirements of Subsections C(7) through (18) below.
(6)
New tower at a new location. The Board may consider
a new telecommunications tower on a site not previously developed
with an existing tower when the applicant demonstrates that shared
use of existing tall structures and existing or approved towers is
impractical and submits a report as described in Subsection C(4) above
and when the Board determines that shared use of an existing tower
site for a new tower is undesirable based upon the applicant's investigation
in accordance with Subsection C(5). Any proposal for a new telecommunications
tower shall also be subject to the requirements of Subsections C(7)
through (18) below.
(7)
New towers: future shared use. The applicant shall
design a proposed new telecommunications tower to accommodate future
demand for reception and transmitting facilities. The applicant shall
submit to the Board a letter of intent committing the owner of the
proposed new tower and his/her successors in interest to negotiate
in good faith for shared use of the proposed tower by other telecommunications
providers; in the future. This letter shall be filed with the Building
Inspector prior to issuance of a building permit. Failure to abide
by the conditions outlined in the letter may be grounds for revocation
of the special permit. The letter shall commit the new tower owner
and his/her successors in interest to:
(a)
Respond within 90 days to a request for information
from a potential shared-use applicant.
(b)
Negotiate in good faith concerning future requests
for shared use of the new tower by other telecommunications providers.
(c)
Allow shared use of the new tower if another
telecommunications provider agrees, in writing, to pay reasonable
charges. The charge may include, but is not limited to, a pro rata
share of the cost of site selection, planning, project administration,
land costs, site design, construction and maintenance financing, return
on equity and depreciation and all of the costs of adapting the tower
or equipment to accommodate a shared user without causing electromagnetic
interference.
(8)
Site plan review: submission requirements.
(a)
An applicant shall be required to submit a site plan in accordance with Article VII (§§ 143-113 to 143-123) describing site plan requirements and procedures. The site plan shall show all existing and proposed structures and improvements, including roads, buildings, towers(s), guy wires and anchors, antennas, parking and landscaping and shall include grading plans for new facilities and roads.
(b)
Supporting documentation. The applicant shall
submit a complete short EAF, a complete visual Environmental Assessment
Form (visual EAF addendum) and documentation on the proposed intent
and capacity of use, as well as a justification for the height of
any tower and justification for any clearing required. The applicant
shall also submit a copy of its Federal Communications Commission
(FCC) license.
(9)
Lot size and setbacks. All proposed telecommunications
towers and accessory structures shall be located on a single parcel
and shall be set back from abutting parcels and street lines a distance
sufficient to substantially contain on-site all ice fall or debris
from tower failure and preserve the privacy of any adjoining residential
properties.
(a)
Lot size of parcels containing a tower shall
be determined by the amount of land required to meet the setback requirements.
If the land is to be leased, the entire area required shall be leased
from a single parcel unless the Board determines that this provision
may be waived.
(b)
Telecommunications towers shall comply with
all existing setback requirements of the underlying zoning district
or shall be located with a minimum setback from any property line
equal to 1/2 of the height of the tower, whichever is greater. Accessory
structures shall comply with the minimum setback requirements in the
underlying zoning district.
(10)
Visual impact assessment. The Board shall require
the applicant to undertake a visual impact assessment which may include:
(a)
A Zone of Visibility Map shall be provided in
order to determine locations where the tower may be seen.
(b)
Pictorial representations of before and after
views from key viewpoints, both inside and outside of the Town, including,
but not limited to: state highways and other major roads, state and
local parks, other public lands, preserves and historic, sites normally
open to the public and from any other location where the site is visible
to a large number of visitors or travelers. The Board shall determine
the appropriate key sites at a presubmission conference with the applicant.
(c)
Assessment of alternative tower designs and
color schemes, as described in Subsection C(11) below.
(d)
Assessment of the visual impact of the tower
base, guy wires, accessory buildings and overhead utility lines from
abutting properties and streets.
(11)
New tower design. Alternative designs shall
be considered for new towers, including lattice and single pole structures.
The design of a proposed new tower shall comply with the following:
(a)
Any new tower shall be designed to accommodate
future shared use by other telecommunications providers.
(b)
Unless specifically required by other regulations,
a tower shall have a finish (either painted or unpainted) that minimizes
its degree of visual impact.
(c)
The maximum height of any new tower shall not
exceed that which shall permit operation without artificial lighting
of any kind or nature, in accordance with municipal, state and/or
federal law and/or regulation. The Board, at its discretion, may modify
this requirement if the applicant can justify the need to exceed this
height limitation.
(d)
The Board may request a review of the application
by a qualified engineer in order to evaluate the need for and the
design of any new tower. The cost of this review shall be borne by
the applicant.
(e)
Accessory structures shall maximize the use
of building materials, colors and textures designed to blend with
the natural surroundings.
(f)
No portion of any tower or accessory structure
shall be used for a sign or other advertising purpose, including,
but not limited to; company name, phone numbers, banners and streamers.
(12)
Existing vegetation. Existing on-site vegetation
shall be preserved to the maximum extent possible. No cutting of trees
exceeding four inches in diameter (measured at a height of four feet
off the ground), shall take place prior to the approval of the special
permit.
(13)
Screening. Deciduous or evergreen tree plantings
may be required to screen portions of the tower and accessory structures
from nearby residential property as well as from public sites known
to include important views or vistas. Where a site abuts a residential
property or public property, including streets, screening shall be
required.
(14)
Access. Adequate emergency and service access
shall be provided. Maximum use of existing roads, public or private,
shall be made. Road construction shall, at all times, minimize ground
disturbance and vegetation cutting to within the toe of fill, the
top of cuts or no more than 10 feet beyond the edge of any pavement.
Road grades shall closely follow natural contours to assure minimal
visual disturbance and reduce soil erosion potential.
(15)
Parking. Parking shall be provided to assure
adequate emergency and service access. The Board shall determine the
number of required spaces based upon a recommendation from the applicant.
No parking space shall be located in any required yard.
(16)
Fencing. The tower and any accessory structures
shall be adequately enclosed by a fence, the design of which shall
be approved by the Board. This requirement may be waived by the Board
if the applicant demonstrates that such measures are unnecessary to
ensure the security of the facility.
(17)
Removal. The applicant shall submit to the Board a letter of intent committing the tower owner and his/her successors in interest to notify the Building Inspector within 30 days of the discontinuance of use of the tower. This letter shall be filed with the Building Inspector prior to issuance of a building permit (assuming the telecommunications tower is approved according to this subsection). Obsolete or unused towers and accessory structures shall be removed from any site within four months of such notification. Failure to notify and/or to remove the obsolete or unused tower in accordance with these regulations shall be a violation of this chapter and shall be punishable according to Article IX, § 143-132), Actions and procedures; and § 143-133, Penalties for offenses.
(18)
Intermunicipal notification for new towers.
In order to keep neighboring municipalities informed and to facilitate
the possibility of directing that an existing tall structure or existing
telecommunications tower in a neighboring municipality be considered
for shared use and to assist in the continued development of County
911 Services, the Board shall require that:
(a)
An applicant who proposes a new telecommunications
tower shall notify, in writing, the legislative body of each municipality
that borders Red Hook, the Dutchess County Planning Board and the
Director of Dutchess County Emergency Services. Notification shall
include the exact location of the proposed tower and a general description
of the project, including, but not limited to, the height of the tower
and its capacity for future shared use.
(b)
Documentation of this notification shall be
submitted to the Board at the time of application.
[Amended 6-26-2019 by L.L. No. 5-2019]
A.
Extractive operations. The Town of Red Hook regulates soil mining
operations involving the removal of minerals in amounts of less than
100 tons or 75 cubic yards of minerals (whichever is less) over 12
successive months. Removal of minerals in amounts greater than 100
tons or 75 cubic yards over 12 successive months is prohibited in
the Town of Red Hook.
(1)
Applicability. Extractive operations may be permitted, subject
to the approval of an application for a special use permit and site
plan review and approval from the Planning Board.
(2)
Exempt activities. The following activities are exempt from
the need to obtain an extractive operation special use permit and
site plan review and approval:
(a)
Agricultural activities, pursuant to generally acceptable agricultural
practices as defined by the New York State Department of Agriculture
and Markets for farms, and where soil or other minerals are to be
used for grading, improving or draining, and where the soil or other
mineral is to be replaced on the same site; or
(b)
Excavation and extraction activities that affect less than 25
tons or 20 cubic yards of minerals (whichever is less) within any
parcel during any 12 consecutive month period; or
(c)
Excavation for the sole purpose of building a pond or lake in
which the material is retained on the same site; or
(d)
Excavation for building construction, sewage disposal systems
or other activities of limited duration, for example swimming pools
or graves; or
(e)
Customary gardening and landscaping activities on a parcel,
including maintenance of such gardening and landscaping; or
(f)
Excavation for the purposes of underground utility installation;
or
(g)
Excavation for the purposes of building and maintaining roads.
(3)
Additional special use permit application materials. In addition to the materials required by Article VI of the Zoning Law, the following materials shall be submitted to and approved by the Planning Board as a condition to the issuance of a special use permit for extractive operations:
(a)
Erosion control. A soil erosion and sediment control plan that
prevents sedimentation of surface and ground waters and which is in
compliance to the greatest extent practicable with the "New York State
Standards and Specifications for Erosion and Sediment Control."
(b)
Highway Superintendent. A written recommendation from the Highway
Superintendent. The recommendation shall include any special conditions
which prevent damage to Town roadways from truck traffic associated
with the excavation activities. Restrictions may include but are not
limited to restricting truck traffic routes and/or posting of a performance
bond for damage to Town roads. Failure of the Highway Superintendent
to render a written recommendation within 30 days after receipt by
the Highway Superintendent of the special use permit application shall
be construed as "no comment" on an application.
(c)
Town Conservation Advisory Council. The Conservation Advisory
Council shall be responsible for review of the extractive operation
application as follows:
[1]
The Planning Board shall refer the extractive operation permit
application to the Town Conservation Advisory Council (CAC) for an
advisory opinion, which shall make its recommendations, if any, in
writing to the Planning Board within 30 days of receipt by the CAC.
Failure of the CAC to render an advisory opinion within 30 days after
its receipt of the application shall be construed as no comment on
an application.
(d)
Wetlands, water bodies, and floodplains. A wetland delineation,
if a wetland is present on the parcel or property where the excavation
activity is proposed. The boundaries of all watercourses and other
water bodies shall be the mean high water mark. In determining the
boundary of wetlands, water bodies or watercourses on adjoining properties
that are not under the control of the applicant, where no professional
field delineation exists, property maps in common use may be relied
upon. Such maps include, but are not limited to the New York State
Department of Environmental Conservation's Freshwater Wetland maps
on file with the Town, the United States Fish and Wildlife Service's
National Wetlands Inventory, and the New York State Department of
Environmental Conservation Resource Mapper. Floodplains shall be from
the Federal Emergency Management Agency's National Flood Insurance
flood maps.
(e)
Remediation plan. A remediation plan which describes proposals
for the conduct of the applicant's activities and which incorporates
all special conditions approved in conjunction with the special use
permit to be issued by the Planning Board. The remediation plan shall
address the restoration of each one acre excavation area. Such remediation
plan shall include restoring the topsoil and vegetative cover and/or
reuse of the area. The remediation plan shall be completed within
six calendar months after termination of the extractive operation
or other soil mining activity and shall include, but not be limited
to, restoration of the premises by grading, seeding, liming, fertilizing,
and sodding so that the premises are left in a safe and attractive
condition commensurate with the surrounding landscape. Insofar as
it is practical, the plan will provide for the return of the premises
to slopes of less than one vertical foot per three horizontal feet,
to eliminate gullies and holes. The applicant shall furnish financial
security to ensure performance of restoration in accordance with the
approved remediation plan. The goal of the restoration shall be to
ensure that the land impacted by the excavation activity is properly
restored and available for productive use. Restoration shall be required
prior to commencement of any additional extractive operation on the
parcel under the existing special use permit or any new extractive
operation special use permit.
(f)
Prohibited activities:
[1]
No blasting, crushing, screening, or mixing of stone and gravel
with asphaltic oils or other binders shall occur as part of an extractive
operation. Materials shall not be imported from other locations to
the site for processing or resale.
[2]
Extractive operations involving hard rock and hard rock quarrying
are prohibited.
[3]
Removal of prime farmland soils and soils of statewide significance
to off-site locations shall be prohibited.
(g)
Screening and fencing.
[1]
Visual screening, including berms, plantings and/or fencing
shall be provided within the buffer area when sufficient natural vegetation
and/or topography is not present to provide a visual barrier to the
extraction operation.
[2]
Protective fencing shall be required to prevent access and protect
public health and safety.
(h)
Buffers. In order to mitigate the visual impact and the impact
to public health, safety, and the environment, the Planning Board
may increase the required buffer areas where it finds that a particular
buffer is inappropriate. When the Planning Board modifies a required
buffer area it shall make a written finding explaining the necessity
for such modification.
(i)
No excavation activity shall occur within a minimum buffer of
200 feet, measured horizontally, of the boundary of any wetland, water
body or watercourse whether or not such wetland, water body or watercourse
is located on the parcel or property where the excavation activity
is proposed to occur.
(j)
No excavation activity shall occur within a minimum buffer of
200 feet, measured horizontally, between any portion of the excavation
area and any activities related to the excavation and all property
boundaries and public roads or public rights-of-way.
(k)
No excavation activity shall occur within a minimum buffer area
of 400 feet, measured horizontally, of any off-site residential and
commercial buildings, schools, public parks and recreation areas,
and within areas clearly visible from public roads when visual screening
is not possible.
(l)
Site considerations shall include avoidance to the greatest
extent practicable of operating areas within aquifer protection zones.
(m)
Stockpiling of materials shall be located at least 100 feet
back from public roads and property lines and shall be suitably stabilized
with erosion controls to prevent sedimentation of surface waters.
(n)
A time schedule for completion of either the entire operation or, if excavation is to occur in stages, of each stage of the operation shall be submitted for approval. The Planning Board may include an expiration date or a required renewal interval for the special use permit, based upon the time schedule in accordance with § 143-112C(4) of the Zoning Law.
(o)
An operations plan shall carefully consider the number, size
and type of trucks (including the number of axles) and other machinery
to be used on the site including their respective noise levels, the
routing of trucks from the mine site, and the hours of operation,
all of which are subject to approval by the Planning Board.
(p)
A performance guarantee (performance bond or escrow deposit)
to assure rehabilitation is provided, upon recommendation of the Planning
Board and Town Engineer, in an amount and form satisfactory to the
Town Board and the Town Attorney.
[Amended 6-26-2019 by L.L. No. 5-2019]
Light industrial parks shall be allowed by special permit in
the B2 District, provided that:
A.
The overall project site shall be a single parcel with a minimum
of 10 acres.
B.
Any individual lot created within an approved light industrial park
shall not be less than 1.5 acres.
C.
An overall plan, including appropriate material and design guidelines, shall be presented for facility-wide building, landscaping, signage and related improvements. The overall plan shall also describe proposed parcellation, if any, and by location and square footage the intended mix of light manufacturing uses, wholesale business and business service establishments within the light industrial park. A program shall also be defined for the allocation of total permissible signage among the various light industrial park tenants and/or occupancies. Said schedule shall, in combination with the standards set forth in § 143-27 of this chapter, serve as the basis for the Zoning Enforcement Officer's consideration of applications for the issuance of individual sign permits within the light industrial park.
D.
Adequate water supply and sewage disposal and other pollution control
facilities shall be provided in accordance with the requirements of
the Town of Red Hook, the Dutchess County Department of Health and
the New York State Departments of Health and Environmental Conservation.
E.
Proper provision shall be made for the long-term ownership and maintenance
of open space and associated landscaping, parking areas, accessways,
water supply and sewage disposal facilities, signage, lighting and
other features appurtenant to the office park development.
F.
A proposed development schedule shall be submitted indicating anticipated
dates for the start and completion of construction and occupancy of
the one or several phases of the light industrial park project, most
particularly including the schedule for installation of project-wide
infrastructure.
G.
A separate special use permit shall not be required for the establishment of individual uses within the light industrial park once a special use permit has been issued by the Planning Board for the light industrial park use in its entirety, provided that such uses are consistent with the light industrial park master plan which accompanied the special permit application, including the further consideration of any modification or conditions that may have been imposed by the Planning Board in its issuance of the special use permit. Prior to the initiation of any land alteration or building construction within the light industrial park or any authorized parcel, lot, portion or phase thereof, site plan review and approval in accordance with Article VII of this chapter shall, however, be required on a project-specific basis, and if individual building sites are provided, subdivision plat approval shall be required pursuant to Chapter 120, Subdivision of Land.
H.
Except as otherwise provided herein, all other requirements for development within the B2 District as applicable to the specific project, including but not limited to those minimum requirements set forth in either the Article IV District Schedule of Area and Bulk Regulations or Article V, Supplementary Regulations, shall be strictly met.
[Amended 7-12-2011 by L.L. No. 3-2011]
Sawmills and related facilities shall be allowed
by special permit in the AB and RD3 Districts, provided that:
A.
The minimum lot area shall be 25 acres.
B.
All elements of the sawmill, including storage areas
for logs and sawn lumber; bark, sawdust and other waste materials;
buildings; and equipment areas shall be screened by existing landform
and/or vegetation from the direct view of abutting residential properties
and public roadways.
C.
All buildings or other structures and all equipment
or storage areas associated with the sawmill shall be located not
less than 150 feet from any property line, nor less than 300 feet
from any neighboring residence.
D.
No storage area for logs, sawn lumber or waste materials
shall be located within 100 feet of any stream, other water body or
well providing a source of potable water.
E.
Access to the sawmill shall be provided directly from
a state or county highway or by a through Town roadway other than
a residential subdivision street.
Marinas, boat clubs, docks and boat ramps shall
be allowed by special permit in the WC, LD, H and I Districts, provided
that:
A.
In general, all new marina projects or expansion of
existing marinas shall, as appropriate, include sufficient parking,
park-like surroundings, toilet facilities and marine pumpout facilities.
B.
In evaluating projects for new marina construction,
the Town shall encourage those projects which involve alternative
ways of providing for the needs of boaters. In order of preference,
these alternatives are:
(1)
Dry-stack facilities with the minimum number of wet
slips needed to provide efficient operation.
(2)
Rehabilitation and alteration of existing marinas.
(3)
Open water facilities.
(4)
Upland basin marinas through excavation, provided
that water quality and other environmental considerations can be maintained.
(5)
Any combination of these four approaches.
C.
The Planning Board may require a secured bond or money
in escrow that will be sufficient to hire an independent contractor
to complete any conditions imposed or to effect any limitations or
to restore the project area to its original condition in the event
of a failure by the applicant to comply with the conditions or limitations
of the special permit. The amount of bonds or escrow posted shall
be in the amount of not less than $5,000, plus $50 per foot of wet
slip.
D.
To the extent feasible, marina basins shall be designed
for maximum tidal flushing and circulation due to both river/creek
currents and the action of wind while maintaining safe levels of wave
action within the protected basin. Minimum design criteria to promote
flushing include the following:
(1)
Basin and channel depths shall not be deeper than
the prevailing depths in the waterbody to which they connect.
(2)
Basin and channel depths shall gradually increase
toward open water or basin entrances.
(3)
Openings shall be provided at the opposite ends of
enclosed basins to establish flow-through circulation. Only one opening
must be navigable. The other opening or openings shall be as large
as practicable to promote circulation. Culverts or other enclosed
conduits may be used in place of open channels.
(4)
The configuration chosen shall minimize or prevent
the formation of stagnant water zones that tend to collect debris
or cause shoaling or flushing problems.
E.
Marinas shall be located in areas where minimal physical
attributes required by marinas already exist and where minimal initial
and subsequent maintenance dredging will be required. Such physical
attributes include sediment transport and sufficient tidal action
to promote flushing. Dredging shall be limited to the minimum dimensions
necessary for the project and restricted to the periods that will
not interfere with significant fish and wildlife habitats. Marinas
shall not be permitted in areas that would require frequent maintenance
dredging that would harm aquatic life or would prevent the relocation
of benthic organisms. Such areas would include those which would require
maintenance dredging more often than once every five years.
F.
Applicants must demonstrate that there is adequate
water supply to serve all of the project's needs.
G.
Sewage pumpout facilities shall be provided at new
marinas and expansion of existing marinas at a minimum rate of one
pumpout station for every 100 wet slips or fraction thereof.
H.
Adequate rest room facilities for the exclusive use
of marina patrons will be required to discourage any overboard discharge
of sewage from boats and to protect water quality. The number of toilets
required for any given marina shall be determined by the nature and
size of the marina and by its specific site location.
I.
The applicant must demonstrate adequate capacity to
properly dispose of or treat all sanitary wastes generated by the
project.
J.
An ample number of signs must be provided to identify
the location of public rest rooms and of pumpout facilities. Signs
must also fully explain the procedures and rules governing the use
of the pumpout facilities. Pumpout facilities shall be available to
all boaters, regardless of whether they are patrons of the marina.
K.
Dedicated parking spaces shall be provided at a minimum
rate of 0.80 space per slip, plus whatever additional spaces are required
for employees and required by this chapter for any separate retail
activities that may be authorized on the premises.
L.
Rainfall runoff becomes polluted with oils, greases,
organic and inorganic wastes and other potentially harmful substances.
It is the intent of the Town to limit, to the extent feasible, the
introduction of these contaminants into the affected surface waters.
Therefore, new parking areas shall utilize porous pavements or other
approved measures to reduce rainfall runoff. New marina projects must
incorporate best management practices in their design, including but
not limited to the following:
(1)
Pervious land surface and vegetative cover shall be
maximized to minimize stormwater runoff and to prevent polluted waters
from reaching adjacent waters and wetlands. Runoff shall be directed
away from adjacent waters and wetlands to the extent feasible by site
grading or other methods.
(2)
Runoff from parking lots, maintenance, fueling, and
wash-down areas must be treated in a manner that prevents oils, grease
and detergents from reaching adjacent waters and wetlands. Accepted
treatment methods include oil and grease filtering catch basins, retention
areas and exfiltration systems.
M.
Trash receptacles shall be plentiful and convenient
to encourage the proper disposal of trash and waste. A maximum spacing
of 100 feet between receptacles shall be maintained on all piers and
docks.
N.
The underwater portions of piers and docks, including
piles, shall not be constructed using creosote-treated lumber.
[Added 10-12-2021 by L.L.
No. 4-2021]
Micro hydropower facilities shall be allowed by special permit
in the Waterfront Conservation (WC) District, provided that:
A.
A micro hydropower facility may be either a principal use or an accessory
use. The special permit shall specify whether the use is principal
or accessory.
B.
A micro hydropower facility shall not count toward the number of
principal or accessory uses permitted on the property.
C.
A micro hydropower facility shall demonstrate compliance with the requirements set forth in § 143-30 of this chapter, but without the need for a separate special permit.
E.
A micro hydropower facility shall be exempt from the requirements set forth in§ 143-47D(1).
G.
A micro hydropower facility and the associated micro hydropower equipment shelter shall be exempt from the extraordinary front yard setback requirement set forth in § 143-48B(1), and shall comply with the regular setback standards to the extent practicable.
H.
A micro hydropower facility shall only be permitted to operate as
run-of-river; no change in impoundment size or of the river flow post-bypass
shall be permitted, with the exception of changes resulting from the
use of flashboards as expressly permitted by the New York State Department
of Environmental Conservation, pursuant to the Environmental Conservation
Law and the regulations thereunder.
I.
Turbines, generators, and other equipment that emits noise from a bypass generation micro hydropower facility shall be housed in a micro hydropower equipment shelter or shall be housed in sound-insulated materials to mitigate impacts of noise. Such equipment shall comply with the applicable limits provided in Chapter 92 except to the extent that ambient noise levels are determined to exceed such limits and in such case the noise taking into account the turbines, generators, and other equipment associated with a micro hydropower facility shall not exceed ambient noise levels by more than 5 dBA.
J.
Any equipment shelters and unenclosed equipment, machinery, and utility
infrastructure associated with a micro hydropower facility shall be
provided with a fence, screen, and/or landscaping, where deemed necessary
by the Planning Board, sufficient to protect public safety and to
screen such equipment from view year-round from existing residences,
adjoining properties, and public rights-of-way. The retention and
enhancement of existing vegetation, the introduction of substantial
new vegetation, and the introduction of earthen beaming shall be considered
the preferred means to satisfy these screening requirements. Any required
fences, screens, and landscaping installed in accordance with this
section shall, as a condition of the special permit, be maintained
in good order to achieve the objectives stated herein throughout the
duration of the use. The Planning Board shall determine the types
of plant materials and depth of the needed buffer based on site conditions.
K.
Adequate access for service vehicles shall be provided. Existing
roads, driveways, or trails are the preferred method of providing
access. Road construction, where required, shall minimize ground disturbance
and cutting of vegetation to the maximum extent practicable. Road
grades shall closely follow natural contours to assure minimal visual
disturbance and reduce the potential for soil erosion.
L.
A micro hydropower facility shall provide for the safe, timely, and
effective upstream and downstream passage of migratory fish to the
extent determined by the Planning Board consistent with federal and
state laws in order to allow for the continuation of healthy and sustainable
fish and other wildlife resources in areas affected by the facility.
M.
All power transmission lines shall, to the extent practicable, be
located underground in accordance with National Electrical Code standards.
N.
Each special permit application submitted for the establishment of
a micro hydropower facility shall include identification of any necessary
federal, state, or county permits, copies of all such permit applications,
and copies of all related correspondence between the applicant and
the permitting agency or agencies. A micro hydropower facility shall
obtain all necessary permits from such agencies as a condition of
special permit approval.
Single-family dwelling units related to principal
institutional or business uses and located on the same premises shall
be allowed by special permit in all zoning districts except WC, provided
that:
A.
The explicit written approval of the Town Zoning Enforcement
Officer and the Town Building Inspector shall be obtained for the
design, location, access and other safety-related elements of such
dwelling unit in accordance with the requirements of the New York
State Uniform Fire Prevention and Building Code. No such dwelling
unit shall be permitted over gasoline stations, stores retailing flammable
or fume-producing goods, restaurants or other businesses with kitchens
or other facilities producing intense heat.
B.
The habitable floor area of such dwelling unit shall
be at least 500 square feet. The dwelling unit shall contain all services
for safe and convenient habitation meeting the New York State Uniform
Fire Prevention and Building Code and shall be served by water supply
and sewage disposal facilities acceptable to the Town of Red Hook
and the Dutchess County Health Department.
C.
There shall be no more than one such dwelling unit
created or maintained in any single building or on any single premises.
D.
The dwelling unit shall have a separate access to
the outside of the building, which must be distinct from the access
to the business or institutional use.
E.
The dwelling unit shall have two designated off-street
parking spaces meeting the standards of this chapter, conveniently
located for access to the dwelling unit.
F.
Suitably landscaped outdoor open space shall be maintained
for the use and beneficial enjoyment of the residents of the dwelling
unit.
G.
The dwelling unit or any proprietary or other interest
therein shall not be sold to the tenant or any other party except
as part of a sale of the entire building in which the dwelling unit
is located.
[Amended 5-30-2018 by L.L. No. 3-2018]
Farm Markets 2 in the LD, RD5, RD3, R1.5, HB, B1 and B2 Districts
shall be allowed by special permit, provided that:
A.
The criteria established in the definition set forth in § 143-4 of this chapter are strictly met.
B.
The further criteria set forth in § 143-41B(2) of this chapter are met.
C.
The facility is restricted to a maximum of 1,000 square
feet of retail floor area.
Housing for Farm Principals and Employees 2
in the LD, RD5, RD3, R1.5 and I Districts shall be allowed by special
permit, provided that:
A.
The housing shall be provided exclusively for principals
and employees, and families of principals and employees, who gain
their primary income from employment on the farm parcel by the host
farm on a full-time year-round basis.
B.
The housing shall be supported by water supply and
sewage disposal facilities deemed suitable by the Dutchess County
Health Department.
C.
The housing shall be in compliance with the applicable
provisions of the New York State Uniform Fire Prevention and Building
Code and all other applicable laws, ordinances and regulations.
D.
The housing shall be located on the farm parcel no
closer to the front property line or any street line than the principal
farm dwelling and shall meet all other setback requirements set forth
in the District Schedule of Area and Bulk Regulations[1] for a principal dwelling in the zoning district.
[1]
Editor's Note: The schedule has been included
at the end of this chapter.
E.
Each house site and related water supply and sewage disposal facilities shall be located so that the house site could be legally subdivided from the farm parcel in strict accordance with the requirements of Chapter 120, Subdivision of Land, this chapter and the applicable water supply and sewage system design and approval requirements of the Dutchess County Department of Health.
[Added 7-12-2011 by L.L. No. 3-2011]
Agricultural product distribution center (wholesale) in the
AB District shall be allowed by special permit, provided that:
A.
The minimum lot area shall be 50 acres.
B.
The site shall have both frontage and direct and usable access on
a state highway.
C.
No building, parking area or authorized outdoor storage of material,
equipment or vehicles shall be located closer than 150 feet to any
property line nor within 250 feet of any neighboring residence, and
any such building, parking area or outdoor storage area shall be effectively
screened by intervening landform and/or vegetation from neighboring
properties and public rights-of-way.
D.
Maximum lot coverage shall be 5% of the total site area.
E.
Maximum building height shall be two stories or 35 feet, whichever
is more restrictive.
F.
Adequate water and sewage disposal facilities shall be provided in
accordance with the requirements of the Town of Red Hook, the Dutchess
County Department of Health and the New York State Departments of
Health and Environmental Conservation.
A.
All uses proposed within the Flood-Fringe Overlay
(FF-O) District shall be considered special permit uses subject to
review by the Planning Board for compliance with the following additional
standards, as shall be certified to by a registered architect or licensed
professional engineer:
(1)
All structures shall be designed and anchored to prevent
flotation, collapse or lateral movement due to floodwater-related
forces.
(2)
All construction materials and utility equipment used
shall be resistant to flood damage.
(3)
Construction practices and methods shall be employed
which minimize potential flood damage, including the requirement that
all structures and other improvements be designed to withstand hydrostatic
pressure, erosion and seepage to an elevation not less than the one-hundred-year-flood
elevation.
(4)
Adequate drainage shall be provided to reduce flood
hazard exposure.
(5)
All public utilities and facilities shall be located
and constructed to minimize or eliminate potential flood damage.
(6)
All water supply and sanitary sewage systems shall
be designed to minimize or eliminate floodwater infiltration or discharges
into the floodwaters, including the provision that on-site sewage
systems shall be located so as to avoid impairment of them or contamination
from them during flooding.
(7)
All new residential construction or substantial improvements
to residential structures shall have the lowest floor, including basement,
elevated to at least two feet above the water level of the one-hundred-year
flood.
(8)
All new nonresidential construction or substantial
improvements to such nonresidential structures shall have their lowest
floor, including basement, elevated to at least two feet above the
water level of the one-hundred-year flood or, as an alternative, be
floodproofed up to the same water level, including attendant utility
and sanitary facilities.
(9)
No use shall be permitted, including fill, dredging
or excavation activity, unless the applicant has demonstrated that
the proposed use, in combination with all other existing and anticipated
uses, will not raise the water level of the one-hundred-year flood
more than one foot at any point.[2]
[2]
Editor's Note: Former Subsection A(10), which
immediately followed this subsection and dealt with storage of injurious
materials and equipment, was repealed and subsequent subsections were
renumbered 7-11-1995 by L.L. No. 1-1995.
(10)
A record of all necessary permits from state
or county agencies from which approval is required shall be provided.
(11)
Plans shall be submitted showing such information
as may be necessary to determine the suitability of the particular
site for the proposed development or use, which information shall
include but not be limited to the following:
(a)
The location of the lot or construction site
in relation to affected watercourses or other bodies of water, boundaries
of the Flood-Fringe Overlay (FF-O) District, topography of the site
with elevations in relation to mean sea level, existing and proposed
buildings and other structures, fill, drainage facilities and the
location and description of any materials proposed to be stored within
the FF-O District on either a permanent or temporary basis incidental
with the proposed project.
(b)
The elevation in relation to mean sea level
of the lowest floor, including basement, of all existing and proposed
structures.
(c)
The elevation in relation to mean sea level
to which any nonresidential structure is proposed to be floodproofed,
together with its attendant utility and sanitary facilities.
(d)
Details of how any nonresidential floodproofed
structure meets or exceeds essential floodproofing standards, i.e.,
that floodproofing occurs so that below the base flood level the structure
is watertight, with walls substantially impermeable to the passage
of water and with structural components having the capability of resisting
hydrostatic and hydrodynamic loads and the effects of buoyancy.
(e)
Documentation that any nonresidential principal
structure or any residential structure intended for habitation, whether
termed a principal structure or an accessory structure by this chapter,
has at least one access route from a public road, street or highway
which is wholly above the one-hundred-year-flood elevation and which
route can be used for access by emergency equipment and for the evacuation
of persons.
(f)
A description of the extent to which any watercourse
will be altered or relocated as a result of the proposed development.
B.
Any special permit issued for a use proposed within the Flood-Fringe Overlay (FF-O) District shall satisfy any further criteria set forth in Chapter 77, Flood Damage Prevention, and shall include as a condition the additional requirement that certification by a registered architect or licensed professional engineer of as-built compliance with the approved plans be submitted to the Zoning Enforcement Officer prior to either use of the property or the issuance of a certificate of occupancy for the intended use or structure. Copies of this certification shall be maintained by the Building Inspector as a permanent public record available for inspection.
A.
Special use permit application procedure. The Planning
Board shall review and act on all special permit uses in accordance
with the procedure specified herein:
(1)
Application and fee. All applications made to the
Planning Board shall be in writing, on forms and in accordance with
the schedule prescribed by the Board and, in order to be considered
complete, shall, except as may be waived by the Planning Board on
a case-by-case basis due to the minor nature of the specific request,
include the following:
(a)
A preliminary site plan which demonstrates the
overall site layout and building locations, parking areas, access
and egress locations, setbacks and buffer areas, lighting, landscaping,
signage and the location and extent of existing development on adjacent
parcels.
(b)
Preliminary building plans and elevation illustrating
proposed building construction and alteration, including an indication
of exterior materials, textures and colors.
(c)
Payment of the applicable fee in accordance
with the fee schedule established and annually reviewed by the Town
Board.
(d)
Either a short or full environmental assessment
form as required by the Planning Board pursuant to the State Environmental
Quality Review Act (SEQRA), Article 8 of the Environmental Conservation
Law, and 6 NYCRR 617.
(e)
Any other information deemed helpful by the
applicant or necessary by the Planning Board to explain the nature
of the proposed use and its consistency with the standards established
by this chapter for special permit uses.
(2)
Public notice and hearing. The Planning Board shall
within 45 calendar days of the receipt of the complete application
conduct a public hearing on any such special permit application. The
Planning Board shall provide a copy of the notice of said hearing
to the applicant, and at which hearing, he shall appear in person
or by agent. The Board shall additionally provide notice as follows:
(a)
By publishing at least five calendar days prior
to the date thereof a legal notice in the official newspaper of the
Town.
(b)
By requiring the Secretary of the Planning Board
to provide notice of the public hearing and data regarding the substance
of the application by certified mail, return receipt requested, to
the owners of all property abutting that held by the applicant and
all other owners within 200 feet of the land involved in such application.
Notice shall be mailed at least 10 calendar days prior to the hearing,
with compliance with the notification procedure certified to by the
Secretary or other designated Town employee. The Town shall charge
the applicant either a flat rate or a stated amount per notice for
satisfying this requirement.
[1]
The names and addresses of owners notified shall
be taken as such appear on the last completed tax roll of the Town.
[2]
Provided that there has been substantial compliance
with these provisions, the failure to give notice in exact conformance
herewith shall not be deemed to invalidate an action taken by the
Planning Board in connection with granting or denying a special permit
application.
(c)
If the land involved in the application lies
within 500 feet of the boundary of any other municipality, the Secretary
of the Planning Board shall also mail at least five calendar days
prior to the public hearing to the Municipal Clerk of such other municipality
or municipalities a copy of the notice of the substance of every application,
together with a copy of the official notice of such public hearing.
(3)
Consultant review. In its review of an application
for special use permit, the Planning Board may consult with the Town
Zoning Enforcement Officer and/or Building Inspector, the Superintendent
of Highways, the Conservation Advisory Council, the Design Review
Committee, the Town Water Board, the Dutchess County Health Department,
other local and county officials and its designated private planning
and engineering consultants, in addition to representatives of state
agencies including but not limited to the State Department of Transportation,
the State Health Department and the Department of Environmental Conservation.
(4)
Required referral. A full statement of any special
use permit application that meets the referral requirements of §§ 239-l
and 239-m of the General Municipal Law shall also be referred prior
to the public hearing to the Dutchess County Department of Planning
for its review. No action shall be taken by the Planning Board on
such application until an advisory recommendation has been received
from said County Department of Planning or 30 calendar days have elapsed
since the Department received such full statement. In the event that
the Dutchess County Department of Planning recommends disapproval
of the proposal or recommends modification thereof, the Planning Board
shall not act contrary to such disapproval or recommendation except
by a vote of a majority plus one of all the members after the adoption
of a resolution fully setting forth the reasons for such contrary
action. Within seven calendar days after such final action, the Planning
Board shall file a report of the final action it has taken with the
County Department of Planning.
(5)
Decisions. Every decision of the Planning Board with
respect to a special use permit application shall be made by resolution
within 90 calendar days of receipt of the completed application to
the Board or within 45 calendar days of the public hearing, which
resolution shall clearly state the decision, including findings, and
any conditions attached thereto. Each such decision shall be filed
in the office of the Town Clerk within five calendar days thereof.
Certified copies shall also be sent to the applicant and to the Town's
Zoning Enforcement Officer and Building Inspector.
B.
Escrow deposit for development review costs. Reasonable and necessary costs incurred by the Planning Board for professional review of an application shall be charged to the applicant pursuant to Chapter 70 of the Red Hook Town Code.
[Amended 1-15-2008 by L.L. No. 2-2008]
C.
Effect of special use permit approval.
(1)
In addition to compliance with all other applicable
provisions of this chapter and all other local, county and state laws,
rules and regulations, no building permit shall be issued for any
structure regulated by this article until such special use permit
has received Planning Board approval and a copy of a resolution to
that effect has been presented to the Building Inspector.
(2)
No certificate of occupancy shall be issued for any
structure or use of land covered by this article until the structure
is completed or the land developed in strict accordance with the Planning
Board resolution of special use permit approval and other applicable
requirements of this chapter.
(3)
Any use for which a special use permit may be granted
shall be deemed a conforming use in the zoning district in which it
is located, provided that such special use permit shall be deemed
to affect only the lot or portion thereof for which such special use
permit has been granted.
(4)
The Planning Board may require in its resolution of
approval that a special use permit be renewed periodically. Such renewal
may be withheld only after public hearing and upon specific determination
by the Planning Board that such conditions as may have been prescribed
in conjunction with the issuance of the original permit have not been
or are no longer being complied with. In such cases, a period of 60
calendar days shall be granted for full compliance by the applicant
prior to consideration of the revocation of the special use permit.
(5)
The granting of a special permit in the Flood-Fringe
Overlay (FF-O) District shall not be held to constitute a representation,
guaranty or warranty of any kind by the Town of Red Hook or by any
official or employee thereof or consultant thereto regarding the practicability
or safety of any structure or use or the proper functioning of the
proposed facilities and plans and shall not be held to create a liability
upon or cause of action against such public body, official, consultant
or employee for any damage that may result pursuant to such development
or use.
D.
Expiration of special use permit.
(1)
A special use permit shall be deemed to authorize
only the particular use or uses expressly specified in the permit
and shall expire if the special use permit activity is not commenced
and diligently pursued within one calendar year of the date of issuance
of the special use permit. Upon prior written request to the Planning
Board, including a statement of justification for the requested time
extension, the time period for initiation of the special permit use
may be extended once for a maximum period of one calendar year from
its otherwise specified termination date.
(2)
In the case where subsequent site plan review and
approval or the issuance of a building permit is required, vesting
of the special use permit may occur through submission within the
specified time period of a complete application for either required
site plan approval or the issuance of a building permit to carry out
all work governed by the special use permit.
E.
Revocation of permit. In all instances, including
those cited above, a special use permit may be revoked by the Planning
Board, after public hearing, if it is found and determined that there
has been a substantial failure to comply with any of the terms, conditions,
limitations and requirements imposed by said special use permit.
F.
Integration of procedures. Whenever a particular application requires both the consideration of a special use permit and site plan review and approval by the Planning Board, the Planning Board shall integrate, to the extent practicable and consistent with applicable law, special use permit review, as required by this article, with the site plan review and approval process as well as the applicable requirements of the State Environmental Quality Review Act. Such integration of procedures may require, upon mutual written consent of the Planning Board and applicant, reasonable modification of the time schedules otherwise stated in this article or in Article VII, as related to site plan review and approval, or in 6 NYCRR 617, the SEQRA implementing regulations.
G.
Relief from decisions. Any person or persons jointly
or severally aggrieved by any decision of the Planning Board on a
special use permit application may apply to the Supreme Court of the
State of New York for relief through a proceeding under Article 78
of the Civil Practice Law and Rules of the State of New York.
