A.
District purpose. This district is intended to conserve
the more rural land areas within the Town by promoting a balance of
open space and low-density, single-family residential uses consistent
with natural resource constraints and the conservation, open space,
agricultural and farm, recreational, and other land-extensive land
use opportunities.
B.
C.
Special uses shall be as follows (Note: "*" designates a use which
is subject to both special use permit and site plan approval by the
Planning Board; "+" designates a use that is subject to special use
permit approval by the Zoning Board of Appeals.):
[Amended 7-19-2017 by L.L. No. 13-2017]
E.
The area and bulk regulations for the R-4A District
shall be as follows:
[Amended 4-6-2011 by L.L. No. 8-2011]
|
Minimum Lot Area
(acres)
|
Minimum Lot Frontage
(feet)
|
Minimum Lot Width
(feet)
|
Minimum Front Yard
(feet)
|
Minimum Side Yard
(feet)
|
Minimum Rear Yard
(feet)
|
Maximum Lot Coverage
(%)
|
Maximum Impervious Surface
(%)
|
Maximum Height
(feet)
|
|---|---|---|---|---|---|---|---|---|
|
4
|
200
|
200
|
100
|
50
|
75
|
4%
|
12%
|
35 or 2.5 stories
|
(1)
The minimum front yard, side yard, and rear yard setbacks
shall be doubled for all principal nonresidential use structures.
(2)
An applicant for a major subdivision involving a parcel or parcels of 25 acres or greater in size shall, at the time an application for preliminary subdivision approval is submitted, include a conceptual layout of a cluster subdivision plan in accordance with the requirements for a cluster subdivision as set forth in Chapter 177.
(3)
A major subdivision of previously undeveloped property
abutting property developed for residential use shall include a one-hundred-foot
setback from the adjoining residential property. The setback shall
be landscaped to a depth of not less than 25 feet in a location as
approved by the Planning Board. The landscaping shall consist of a
mixture of evergreen and deciduous plantings as approved by the Planning
Board. The Planning Board shall use its discretion to establish appropriate
landscaping and setbacks for redevelopment projects involving the
conversion or the rehabilitation of existing structures and previously
disturbed land areas. Roads, pathways, and sidewalks providing access
through the buffer are permitted. The setback area shall be permanently
preserved by recorded deed instrument in a form approved by the Town
Attorney, and which shall provide for Town enforcement of said restriction.
F.
Design standards. The following guidelines shall be
applied during the site plan and subdivision review of any new development
project involving undeveloped land in the R-4A District. The Planning
Board shall use its discretion as to the applicability of these guidelines
to redevelopment projects involving the conversion or the rehabilitation
of existing structures and previously disturbed land areas:
(1)
All streets shall be designed to permit the installation
of electric, water, sewer, gas and other utilities underground, either
initially or at the time major improvements or upgrades are made to
the street or the particular service.
(2)
For uses involving an adaptive reuse conversion of
a residential structure to nonresidential use, the Planning Board
is hereby expressly authorized to require such additional front, side
and rear yard setbacks as may be required to ensure that the nonresidential
use does not interfere with the quiet enjoyment of adjoining residential
properties. The additional setback area, as well as the minimum yard
setback area, shall be planted with a mixture of evergreen and deciduous
plantings at a height so as to adequately screen the parking area
from neighboring properties and streets. The species type, location
and planted height of such landscaping shall be subject to the approval
of the Planning Board.
(3)
Encourage the use of farmstead design for major subdivisions.
(4)
Residential development adjacent to a Center, Business,
or Commercial District shall provide pedestrian links to said adjacent
district(s). When required by the Planning Board sidewalks shall be
separated from a street by a tree lawn at least five feet in width
and the sidewalks shall also be at least five feet in width. In approving
sidewalks, the Planning Board shall ensure that a recorded instrument
sets forth the responsibility of the applicant and the future owners
of the lots for maintenance and repair of the new sidewalks and landscaping.
Alternatively, the Planning Board may request that the Town Board
establish a special district for the purpose of sidewalk and landscaping
maintenance and repair.
(5)
The inclusion of recreational and agricultural uses
as part of a residential development project is encouraged.
(6)
Adequate water supply, sewage disposal and transportation
infrastructure are required to be provided.
(7)
The use of cluster subdivision design is required
unless the cluster subdivision fails to meet the "Cluster Preference
Criteria."
(8)
The use of through-roads within new subdivisions is
required and the use of cul-de-sac roads within new subdivisions is
discouraged unless the Planning Board finds that such cul-de-sac road
is infeasible or is necessary to protect the public health and safety.
(9)
To the extent practicable, existing tree rows, hedgerows,
stone walls, mature landscaping, natural buffers, and similar features
shall be retained in the development of any new use or the expansion
of any existing use.
(10)
To the extent practicable, new streets shall
be designed to minimize tree clearing and changes to existing topography.
(11)
The number of off-street parking spaces provided
shall be the minimum necessary to adequately serve the intended use.
(12)
New buildings adjacent to historic structures
and historic districts shall be designed in a manner consistent with
the general architectural features of such historic features in terms
of form, materials, fenestration, and roof shape.
(13)
Off-street parking lots and loading areas shall
be screened from adjacent properties by landscaping or fencing.
A.
Purpose. This district is intended to conserve natural
and open space adjacent to the more densely developed residential
neighborhoods within the Town by promoting a balance of open space
and low- to moderate-density, single-family residential uses consistent
with the availability of support infrastructure and natural resource
constraints. Conservation of natural land and its integration within
a system of contiguous open space is a primary objective.
B.
C.
Special uses shall be as follows (Note: "*" designates a use which
is subject to both special use permit and site plan approval by the
Planning Board; "+" designates a use that is subject to special use
permit approval by the Zoning Board of Appeals.):
[Amended 7-19-2017 by L.L. No. 13-2017]
E.
The area and bulk regulations for the R-2A District
shall be as follows:
[Amended 4-6-2011 by L.L. No. 8-2011]
|
Minimum Lot Area
(acres)
|
Minimum Lot Frontage
(feet)
|
Minimum Lot Width
(feet)
|
Minimum Front Yard
(feet)
|
Minimum Side Yard
(feet)
|
Minimum Rear Yard
(feet)
|
Maximum Lot Coverage
(%)
|
Maximum Impervious Surface
(%)
|
Maximum Height
(feet)
|
|---|---|---|---|---|---|---|---|---|
|
2
|
125
|
125
|
65
|
40
|
55
|
5%
|
15%
|
35 or 2.5 stories
|
(1)
The minimum front yard, side yard, and rear yard setbacks
shall be doubled for all principal nonresidential use structures.
(2)
An applicant for a major subdivision involving a parcel or parcels of 25 acres or greater in size shall, at the time an application for preliminary subdivision approval is submitted, include a conceptual layout of a cluster subdivision plan in accordance with the requirements for a cluster subdivision as set forth in Chapter 177.
(3)
A major subdivision of previously undeveloped property
abutting property developed for residential use shall include a one-hundred-foot
setback from the adjoining residential property. The setback shall
be landscaped to a depth of not less than 25 feet in a location as
approved by the Planning Board. The landscaping shall consist of a
mixture of evergreen and deciduous plantings as approved by the Planning
Board. The Planning Board shall use its discretion to establish appropriate
landscaping and setbacks for redevelopment projects involving the
conversion or the rehabilitation of existing structures and previously
disturbed land areas. Roads, pathways, and sidewalks providing access
through the buffer are permitted. The setback area shall be permanently
preserved by recorded deed instrument in a form approved by the Town
Attorney, and which shall provide for Town enforcement of said restriction.
F.
Design standards. The following guidelines shall be
applied during the site plan and subdivision review of any new development
project involving undeveloped land in the R-2A District. The Planning
Board shall use its discretion as to the applicability of these guidelines
to redevelopment projects involving the conversion or the rehabilitation
of existing structures and previously disturbed land areas:
(1)
All streets shall be designed to permit the installation
of electric, water, sewer, gas and other utilities underground, either
initially or at the time major improvements or upgrades are made to
the street or the particular service.
(2)
Residential development adjacent to a Center, Hamlet,
Business, or Commercial District shall provide pedestrian links to
said adjacent district(s). When required by the Planning Board, sidewalks
shall be separated from a street by a tree lawn at least five feet
in width and the sidewalks shall also be at least five feet in width.
(3)
For uses involving an adaptive reuse conversion of
a residential structure to nonresidential use, the Planning Board
is hereby expressly authorized to require such additional front, side
and rear yard setbacks as may be required to ensure that the nonresidential
use does not interfere with the quiet enjoyment of adjoining residential
properties. The additional setback area, as well as the minimum yard
setback area, shall be planted with a mixture of evergreen and deciduous
plantings at a height so as to adequately screen the parking area
from neighboring properties and streets. The species type, location
and planted height of such landscaping shall be subject to the approval
of the Planning Board.
(4)
Adequate water supply, sewage disposal and transportation
infrastructure is required to be provided.
(5)
The use of cluster subdivision design is required
unless the cluster subdivision fails to meet the "Cluster Preference
Criteria."
(6)
To the extent practicable, existing tree rows, hedgerows,
stone walls, mature landscaping, natural buffers, and similar features
shall be retained in the development of any new use or the expansion
of any existing use.
(7)
To the extent practicable, new streets shall be designed
to minimize tree clearing and changes to existing topography.
(8)
The number of off-street parking spaces provided shall
be the minimum necessary to adequately serve the intended use.
(9)
New buildings adjacent to historic structures and
historic districts shall be designed in a manner consistent with the
general architectural features of such historic features in terms
of form, materials, fenestration, and roof shape.
A.
Purpose. This district is intended to conserve natural
and open space adjacent to the more densely developed residential
neighborhoods within the Town by promoting a balance of open space
and moderate-density, single-family residential uses consistent with
the availability of support infrastructure and natural resource constraints.
Conservation of natural land and its integration within a system of
contiguous open space is a primary objective.
B.
C.
Special uses shall be as follows (Note: "*" designates a use which
is subject to both special use permit and site plan approval by the
Planning Board; "+" designates a use that is subject to special use
permit approval by the Zoning Board of Appeals.):
[Amended 7-19-2017 by L.L. No. 13-2017]
E.
The area and bulk regulations for the R-1.5A District
shall be as follows:
[Amended 4-6-2011 by L.L. No. 8-2011]
|
Minimum Lot Area
(acres)
|
Minimum Lot Frontage
(feet)
|
Minimum Lot Width
(feet)
|
Minimum Front Yard
(feet)
|
Minimum Side Yard
(feet)
|
Minimum Rear Yard
(feet)
|
Maximum Lot Coverage
(%)
|
Maximum Impervious Surface
(%)
|
Maximum Height
(feet)
|
|---|---|---|---|---|---|---|---|---|
|
1 1/2 (1.5)
|
100
|
100
|
55
|
30
|
45
|
5%
|
15%
|
35 or 2.5 stories
|
(1)
The minimum front yard, side yard, and rear
yard setbacks shall be doubled for all principal nonresidential use
structures.
(2)
An applicant for a major subdivision involving a parcel or parcels of 25 acres or greater in size shall, at the time an application for preliminary subdivision approval is submitted, include a conceptual layout of a cluster subdivision plan in accordance with the requirements for a cluster subdivision as set forth in Chapter 177.
(3)
A major subdivision of previously undeveloped
property abutting property developed for residential use shall include
a one-hundred-foot setback from the adjoining residential property.
The setback shall be landscaped to a depth of not less than 25 feet
in a location as approved by the Planning Board. The landscaping shall
consist of a mixture of evergreen and deciduous plantings as approved
by the Planning Board. The Planning Board shall use its discretion
to establish appropriate landscaping and setbacks for redevelopment
projects involving the conversion or the rehabilitation of existing
structures and previously disturbed land areas. Roads, pathways, and
sidewalks providing access through the buffer are permitted. The setback
area shall be permanently preserved by recorded deed instrument in
a form approved by the Town Attorney, and which shall provide for
Town enforcement of said restriction.
F.
Design standards. The following guidelines shall be
applied during the site plan and subdivision review of any new development
project involving undeveloped land in the R-1.5A District. The Planning
Board shall use its discretion as to the applicability of these guidelines
to redevelopment projects involving the conversion or the rehabilitation
of existing structures and previously disturbed land areas:
(1)
All streets shall be designed to permit the
installation of electric, water, sewer, gas and other utilities underground,
either initially or at the time major improvements or upgrades are
made to the street or the particular service.
(2)
Residential development adjacent to a Center,
Business, or Commercial District shall provide pedestrian links to
said adjacent district(s). When required by the Planning Board, sidewalks
shall be separated from a street by a tree lawn at least five feet
in width and the sidewalks shall also be at least five feet in width.
(3)
For uses involving an adaptive reuse conversion
of a residential structure to nonresidential use, the Planning Board
is hereby expressly authorized to require such additional front, side
and rear yard setbacks as may be required to ensure that the nonresidential
use does not interfere with the quiet enjoyment of adjoining residential
properties. The additional setback area, as well as the minimum yard
setback area, shall be planted with a mixture of evergreen and deciduous
plantings at a height so as to adequately screen the parking area
from neighboring properties and streets. The species type, location
and planted height of such landscaping shall be subject to the approval
of the Planning Board.
(4)
Adequate water supply, sewage disposal and transportation
infrastructure is required to be provided.
(5)
The use of cluster subdivision design is required
unless the cluster subdivision fails to meet the "Cluster Preference
Criteria."
(6)
To the extent practicable, existing tree rows,
hedgerows, stone walls, mature landscaping, natural buffers, and similar
features shall be retained in the development of any new use or the
expansion of any existing use.
(7)
To the extent practicable, new streets shall
be designed to minimize tree clearing and changes to existing topography.
(8)
The number of off-street parking spaces provided
shall be the minimum necessary to adequately serve the intended use.
(9)
New buildings adjacent to historic structures
and historic districts shall be designed in a manner consistent with
the general architectural features of such historic features in terms
of form, materials, fenestration, and roof shape.
A.
Purpose. This district recognizes and is intended
to preserve the principally single-family residential development
pattern within the Town's established neighborhoods by promoting continuing
opportunity for single-family residential and smaller-scale community
facility uses within these neighborhoods consistent with their established
character. To the extent undeveloped land within this district is
available for major subdivision, the use of open space preservation
techniques such as clustering of homes is encouraged in order to establish
links to existing open space areas.
B.
C.
Special uses shall be as follows (Note: "*" designates a use which
is subject to both special use permit and site plan approval by the
Planning Board; "+" designates a use that is subject to special use
permit approval by the Zoning Board of Appeals.):
[Amended 7-19-2017 by L.L. No. 13-2017]
E.
The area and bulk regulations for the R-20,000 District
shall be as follows:
[Amended 4-6-2011 by L.L. No. 8-2011; 7-24-2013 by L.L. No.
11-2013]
|
Minimum Lot Area
(square feet)
|
Minimum Lot Frontage
(feet)
|
Minimum Lot Width
(feet)
|
Minimum Front Yard
(feet)
|
Minimum Side Yard
(feet)
|
Minimum Rear Yard
(feet)
|
Maximum Lot Coverage
(%)
|
Maximum Impervious Surface
(%)
|
Maximum Height
(feet)
|
|---|---|---|---|---|---|---|---|---|
|
20,000*
|
100
|
100
|
30
|
20
|
30
|
25
|
35
|
35 or 2.5 stories
|
|
NOTES:
| |
|---|---|
|
*
|
For lots served by both central sewage treatment and
central water supply facilities. For lots not served by a central
sewage treatment system, the minimum lot size shall be one acre. For
lots not served by central sewage treatment and central water supply
facilities, the minimum lot size shall be 1 1/2 acres.
|
(1)
The minimum front yard, side yard, and rear yard setbacks
shall be doubled for all principal nonresidential use structures.
(2)
An applicant for a major subdivision involving a parcel or parcels of 25 acres or greater in size shall, at the time an application for preliminary subdivision approval is submitted, include a conceptual layout of a cluster subdivision plan in accordance with the requirements for a cluster subdivision as set forth in Chapter 177.
(3)
A major subdivision of previously undeveloped property
abutting property developed for residential use shall include a one-hundred-foot
setback from the adjoining residential property. The setback shall
be landscaped to a depth of not less than 25 feet in a location as
approved by the Planning Board. The landscaping shall consist of a
mixture of evergreen and deciduous plantings as approved by the Planning
Board. The Planning Board shall use its discretion to establish appropriate
landscaping and setbacks for redevelopment projects involving the
conversion or the rehabilitation of existing structures and previously
disturbed land areas. Roads, pathways, and sidewalks providing access
through the buffer are permitted. The setback area shall be permanently
preserved by recorded deed instrument in a form approved by the Town
Attorney, and which shall provide for Town enforcement of said restriction.
F.
Design standards. The following guidelines shall be
applied during the site plan and subdivision review of any new development
project involving undeveloped land in the R-20,000 District. The Planning
Board shall use its discretion as to the applicability of these guidelines
to redevelopment projects involving the conversion or the rehabilitation
of existing structures and previously disturbed land areas:
(1)
Adequate water supply, sewage disposal and transportation
infrastructure is required to be provided.
(2)
The use of cluster subdivision design is required
unless the cluster subdivision fails to meet the "Cluster Preference
Criteria."
(3)
Sidewalks of at least five feet in width shall be
provided along any street and shall, where practicable, link with
existing and future potential sidewalks and pedestrian pathways. The
sidewalks shall be separated from the street by a tree lawn at least
five feet in width. In approving sidewalks, the Planning Board shall
ensure that a recorded instrument sets forth the responsibility of
the applicant and the future owners of the lots for maintenance and
repair of the new sidewalks and landscaping. Alternatively, the Planning
Board may request that the Town Board establish a special district
for the purpose of sidewalk and landscaping maintenance and repair.
(4)
All streets shall be designed to permit the installation
of electric, water, sewer, gas and other utilities underground, either
initially or at the time major improvements or upgrades are made to
the street or the particular service.
(5)
The use of through-roads within new subdivisions is
encouraged and the use of cul-de-sac roads within new subdivisions
is discouraged unless the Planning Board finds that such cul-de-sac
road is infeasible or is necessary to protect the public health and
safety.
(6)
The adaptive reuse of structures shall be performed
in such a way so as to complement the character of the existing neighborhood.
(7)
The development of public parks, athletic facilities,
educational amenities and other low-density uses that require large
acreage is be encouraged.
(8)
To the extent practicable, existing tree rows, hedgerows,
stone walls, mature landscaping, natural buffers, and similar features
shall be retained in the development of any new use or the expansion
of any existing use.
(9)
The number of off-street parking spaces provided shall
be the minimum necessary to adequately serve the intended use.
(10)
On-street parking shall be discouraged with
nonresidential uses.
(11)
Off-street parking lots and loading areas, accessory
use structures or storage other than sheds shall be screened from
walkways and streets utilizing appropriate vegetation and/or fencing.
(12)
Where practicable, new buildings adjacent to
existing structures shall be designed in a manner consistent with
the general architectural features of such existing structures in
terms of form, materials, and fenestration and roof shape.
(13)
New or in-fill buildings shall be located in
line with existing buildings to maintain the integrity of the existing
building setback line of the street.
A.
Purpose. The district recognizes established areas
of higher-density multifamily development and is intended to promote
low- to mid-rise multiunit residential development in those locations.
B.
C.
Special uses shall be as follows (Note: "*" designates a use which
is subject to both special use permit and site plan approval by the
Planning Board; "+" designates a use that is subject to special use
permit approval by the Zoning Board of Appeals.):
[Amended 7-19-2017 by L.L. No. 13-2017]
D.
Accessory uses shall be as follows (Note: "*" designates
a use which is subject to site plan approval by the Planning Board):
(2)
*Recreation areas for a multifamily complex.
E.
The area and bulk regulations for the R-M District
shall be as follows:
[Amended 4-6-2011 by L.L. No. 8-2011; 7-24-2013 by L.L. No.
11-2013]
|
Use
|
Mini–
mum
Lot Area
(square feet)
|
Mini–
mum
Lot Frontage
(feet)
|
Mini–
mum
Lot Width
(feet)
|
Mini–
mum
Front Yard
(feet)
|
Mini-
mum
Side Yards,d,e Side
(feet)
|
Mini-
mum
Rear Yard
(feet)
|
Maxi-
mum
Lot Coverage
(%)
|
Maxi-
mum
Impervious Surface
(%)
|
Maxi-
mum
Height
(feet)h
|
Mini-
mum
Landscaped Area
(%)
|
|---|---|---|---|---|---|---|---|---|---|---|
|
Single-family
|
10,000
|
85
|
85
|
30b
|
10 and 10c
|
50
|
25
|
40
|
35 or 2.5 stories
|
20
|
|
Two-family
|
10,000
|
85
|
85
|
30b
|
10 and 10
|
50
|
25
|
40
|
35 or 2.5 stories
|
25
|
|
Multi-familya
|
7,260/ dwelling unit
|
200
|
200
|
30b
|
20 and 20
|
40
|
25
|
40
|
40 or 3 stories
|
35g
|
|
NOTES:
| |
|---|---|
|
a
|
Distance between buildings. For multifamily dwellings
in more than one structure, the distance between a main building and
a one-story accessory building shall not be less than 20 feet; the
distance between any two other buildings shall be equal to the average
height of such buildings at the points where they are nearest one
another.
|
|
b
|
Front yard exceptions. In an area where the average
existing front yard setback is less than 30 feet, a single-family
dwelling or multifamily structure may be erected less than 30 feet
from the street line, provided that no building or part thereof shall
be erected nearer to any street line than the average alignment of
existing buildings within 200 feet on each side of the lot.
|
|
c
|
Side yard exceptions. In the case of a single-family
dwelling erected without a garage, one side yard shall not be less
than 25 feet wide. The applicant shall decide which side yard shall
have the required dimension.
|
|
d
|
Parking. In the case of multifamily dwelling(s), no
required parking facilities shall be located within 30 feet of any
street line or within 20 feet of any property line.
|
|
e
|
Yard requirements for buildings other than dwellings. In the case of all buildings other than dwellings and accessory buildings, the yard requirements shall be not less than 50 feet except where otherwise stated in Article VIII, Supplementary Regulations.
|
|
g
|
Minimum landscaped area. At least 35% of the lot area of a multifamily development shall be covered by landscaping in compliance with §210-80, Landscaping.
|
|
h
|
Height requirements for buildings other than dwellings.
In the case of all buildings other than dwellings and accessory buildings,
the maximum height shall not exceed 40 feet or three stories.
|
|
i
|
For lots served by both central sewage treatment and
central water supply facilities. For lots not served by a central
sewage treatment system, the minimum lot size shall be one acre. For
lots not served by central sewage treatment and central water supply
facilities, the minimum lot size shall be 1 1/2 acres.
|
(1)
The minimum front yard, side yard, and rear yard setbacks
shall be doubled for all principal nonresidential use structures.
(2)
Development of previously undeveloped property abutting
property developed for residential use shall include a fifty-foot
setback from the adjoining residential property. The setback shall
be landscaped to a depth of not less than 25 feet in a location as
approved by the Planning Board. The landscaping shall consist of a
mixture of evergreen and deciduous plantings as approved by the Planning
Board. The Planning Board shall use its discretion to establish appropriate
landscaping and setbacks for redevelopment projects involving the
conversion or the rehabilitation of existing structures and previously
disturbed land areas. Roads, pathways, and sidewalks providing access
through the buffer are permitted. The setback area shall be permanently
preserved by recorded deed instrument in a form approved by the Town
Attorney, and which shall provide for Town enforcement of said restriction.
F.
Design standards. The following guidelines shall be
applied during the site plan and subdivision review of any new development
project involving undeveloped land in the R-M District. The Planning
Board shall use its discretion as to the applicability of these guidelines
to redevelopment projects involving the conversion or the rehabilitation
of existing structures and previously disturbed land areas:
(1)
Sidewalks of not less than five feet in width shall
be provided along any street and shall, where practicable, link with
existing and future potential sidewalks and pedestrian pathways. The
sidewalks shall be separated from the street by a tree lawn not less
than five feet in width. In approving sidewalks, the Planning Board
shall ensure that a recorded instrument sets forth the responsibility
of the applicant and the future owners of the lots for maintenance
and repair of the new sidewalks and landscaping. Alternatively, the
Planning Board may request that the Town Board establish a special
district for the purpose of sidewalk and landscaping maintenance and
repair.
(2)
Off-street parking should be located at the side or
rear of buildings.
(3)
The incorporation of small, landscaped front yards
is encouraged.
(4)
The construction of any blank, windowless facade facing
a corridor that provides frontage for the lot on which the building
is located is prohibited. All facades that face a street, parking
lot or public area shall have windows.
(5)
The number of off-street parking spaces provided should
be the minimum necessary to adequately serve the intended use.
(6)
Cross-easements should be used to provide shared access
to parking and driveways whenever possible.
(7)
Off-street parking lot and loading areas, accessory
use structures or storage other than sheds should be screened from
walkways and streets utilizing appropriate vegetation and/or fencing.
A.
Purpose. The purpose of this district is to maintain
and preserve the traditional mixture of residential, business and
water-related uses in the hamlet and to preserve the historic character
of structures and uses.
B.
Permitted uses shall be as follows (Note: "*" designates
a use which is subject to site plan approval by the Planning Board):
C.
Special uses shall be as follows (Note: "*" designates a use which
is subject to both special use permit and site plan approval by the
Planning Board; "+" designates a use that is subject to special use
permit approval by the Zoning Board of Appeals.):
[Amended 7-19-2017 by L.L. No. 13-2017]
E.
The area and bulk regulations for the R-NH District
shall be as follows:
[Amended 4-6-2011 by L.L. No. 8-2011]
|
Use
|
Mini- mum Lot Area
(square feet)
|
Mini- mum Lot Frontage
(feet)
|
Mini- mum Lot Width
(feet)
|
Mini- mum Front Yarda
(feet)
|
Mini- mum Yard Side
(feet)
|
Mini- mum Rear Yard
(feet)
|
Maxi- mum Lot Cover- age
(%)
|
Maxi- mum Imper- vious Surface
(%)
|
Maxi- mum Height
(feet)
|
|---|---|---|---|---|---|---|---|---|---|
|
Single-family, two-family and nonresi- dential
|
6,000
|
40
|
40
|
30a
|
5 and 10
|
30
|
25%
|
75%
|
35 or 2.5 stories
|
|
NOTE:
| |
|---|---|
|
a
|
Front yard exceptions. In an area where
the average existing front yard setback is less than 30 feet, a structure
may be erected less than 30 feet from the street line, provided that
no building or part thereof shall be erected nearer to any street
line than the average alignment of existing buildings within 200 feet
on each side of the lot.
|
A.
Purpose. In order to achieve a balanced residential
community, a variety of housing accommodations must be provided. This
section provides for areas in which mobile homes are to be concentrated
at a medium-high density. The R-MH Mobile Home District is intended
to be located in areas where community facilities and utilities, the
transportation network and the availability of shopping and office
facilities are appropriate to the density.
B.
Special uses shall be as follows (Note: "*" designates a use which
is subject to both special use permit and site plan approval by the
Planning Board; "+" designates a use that is subject to special use
permit approval by the Zoning Board of Appeals.):
[Amended 7-19-2017 by L.L. No. 13-2017]
C.
D.
The area and bulk regulations for the R-MH District
shall be as follows:
[Amended 4-6-2011 by L.L. No. 8-2011]
|
Use
|
Minimum Lot Area
(square feet)
|
Minimum Frontage
(feet)
|
Minimum Lot Width
(feet)
|
Minimum Front Yard
(feet)
|
Minimum Side Yard
(feet)
|
Minimum Rear Yard
(feet)
|
Minimum Develop- ment Lot Line
(feet)
| |
|---|---|---|---|---|---|---|---|---|
|
Mobile home parks and mobile home park subdivisions
|
6,000a
|
15
|
15
|
15b
|
10
|
10
|
30
|
|
NOTES:
| ||
|
a
|
Single-wide mobile homes may be placed
on lots of 5,000 square feet.
| |
|
b
|
No mobile home shall be placed within
15 feet of any access road.
| |
(1)
Development of previously undeveloped property abutting
property developed for residential use shall include a fifty-foot
setback from the adjoining residential property. The setback shall
be landscaped to a depth of not less than 25 feet in a location as
approved by the Planning Board. The landscaping shall consist of a
mixture of evergreen and deciduous plantings as approved by the Planning
Board. The Planning Board shall use its discretion to establish appropriate
landscaping and setbacks for redevelopment projects involving the
conversion or the rehabilitation of existing structures and previously
disturbed land areas. Roads, pathways, and sidewalks providing access
through the buffer are permitted. The setback area shall be permanently
preserved by recorded deed instrument in a form approved by the Town
Attorney, and which shall provide for Town enforcement of said restriction.
[Added 9-24-2008 by L.L. No. 20-2008; amended 8-3-2011 by L.L. No.
17-2011; 3-7-2012 by L.L. No. 2-2012]
A.
District purpose. This overlay district is to encourage the provision
of housing opportunities for elderly residents who do not require
nursing or alternate care housing. Such housing may include senior
housing-age restricted, senior housing-assisted living facility, or
a combination of both, and would be located in appropriate business
and commercially zoned areas that would benefit from mixed-use development.
As determined by the Town Board, the inclusion of subsidized and unsubsidized
age-restricted multifamily residential development would be compatible
with and complementary to office and business uses which may be developed
from a single parcel of land or from land accumulated for contemporaneous
development of residential and nonresidential uses (collectively the
"parent parcel"). A Senior Housing Overlay District designation may
be permitted, at the sole discretion of the Town Board as a Zoning
Map amendment subject to such additional terms and conditions as the
Town Board may require, for parcels at locations within the: i) Highway
Business (BH) District; or ii) the Office Research (OR) District;
or iii) Residence, Multifamily (R-M) District which meet the general
requirements and design criteria set forth herein.
B.
General requirements. An application for a Senior Housing Overlay
District designation shall be subject to the following general requirements:
(1)
Location. A Senior Housing Overlay District designation shall only
be permitted as an overlay district for property located within the
Highway Business (B-H) District, or the Office Research (OR) District,
or the Residence, Multifamily (R-M) District.
(2)
Minimum land area. To qualify for SHOD designation, the minimum land
area of the parent parcel shall be no less than five contiguous acres
of land.
(3)
Minimum lot frontage. The minimum lot frontage of the parent parcel
shall be no less than 350 feet of continuous frontage on a New York
State Highway. The minimum lot frontage requirement may also be satisfied
by the lot frontage of another lot or combination of other lots where
all of the lots are part of an approved business park development
and where each of the lots are included in a reciprocal easement agreement
or covenant whereby the primary access to all of the lots is from
a shared access road or driveway at the state highway. Said access
shall be capable of being used, or improved for use, as the primary
ingress and egress to the proposed senior residence development.
(4)
Services. The site shall, in the opinion of the Town Board, be conveniently
located with respect to retail, medical and public transportation
services.
(5)
Utilities. The site must be served by Town central sewage disposal
and water supply facilities of sufficient capacity to service the
proposed development. Unless determined to be infeasible by the Planning
Board, all utilities, including electric and communications lines
shall be installed underground.
C.
Site plan approval. The development of any Senior Housing Overlay
District project (herein "SHOD Project") is subject to site plan and/or
subdivision approval by the Planning Board after Town Board approval
of the Senior Housing Overlay District.
D.
Design criteria. The following design criteria shall apply to any
SHOD project.
(1)
Area and bulk requirements for any lot subdivided as part of a SHOD
project. In the event of such subdivision as is set forth herein,
the dimensional, area, and setbacks requirements of this chapter shall
not be applicable as between the individual subdivided SHOD parcels,
but shall be maintained as to perimeter setbacks applicable to the
parent parcel at the boundary with adjacent parcels of land that are
not part of the SHOD project being built within the parent parcel.
The overall mixed-use project in a Senior Housing Overlay District,
disregarding the individual lot lines created by the subdivision,
shall otherwise comply with the dimensional, area, setbacks and parking
requirements of this chapter, provided that no part of any building
shall be closer than 15 feet to any other building or property line
within such subdivided parent parcel.
|
Minimum Lot Area
(acres)
|
Minimum Lot Frontage
(feet)
|
Minimum Lot Width
(feet)
|
Minimum Lot Depth
(feet)
|
Minimum Front Yard
(feet)
|
Minimum Side Yard
(feet)
|
Minimum Rear Yard
(feet)
|
Maximum Height
(feet)
|
|---|---|---|---|---|---|---|---|
|
2
|
50
|
150
|
150
|
50
|
50
|
50
|
105 feet or 7 stories1
|
|
NOTES:
| |
|---|---|
|
1For projects that incorporate
parking within no less than 70% of the ground (i.e., 1st) floor area
of any building, the height limitation may be increased by 15 feet
or 1 story.
|
(3)
Maximum residential density.
(a)
Ten dwelling units per acre. As an incentive for development
of commercial non-retail space, this density shall be increased as
follows:
[1]
For each 10,000 gross square feet of nonresidential non-retail
building area, 2.5 additional dwelling units per acre computed on
the total parent parcel.
[2]
The total dwelling units per acre for any development project,
including the base dwelling units and any incentive dwelling units,
shall not exceed 22 dwelling units per acre computed on the total
parent parcel.
[3]
Where the Town Board approves an increase in the residential
density in accordance with this section, the Board shall require the
filing of a covenant or such other document as may be required by
the Director of Municipal Development and approved by the Town Attorney
to ensure that the nonresidential non-retail building portion of the
development is not later converted to a residential or a retail use;
provided, however, that such restriction may be modified by subsequent
approval of the Town Board upon application or request for such modification,
or as may otherwise be changed by Zoning Law amendment or other local
law adopted by the Town Board of the Town of Poughkeepsie.
(4)
Parking. Minimum parking shall be provided at a ratio of 1.0 spaces per dwelling unit or such other ratio as may be approved by the Town Board. Parking for any nonresidential portion of any development shall be established by the Planning Board pursuant to § 210-92 of the Town Code. For the purpose of enhancing design flexibility, including the enhancement of the visual appearance of a mixed-use project in a Senior Housing Overlay District, and for the purpose of reducing the amount of lot area devoted to surface parking, the creation of structured parking in parking garages is encouraged, and parking on any part of the parent parcel may be used to meet the parking requirements for any other components of a mixed-use project.
(5)
Accessory uses. Subject to Town Board approval and such other limitations
the Town Board may approve, up to 15% of the gross floor area of the
principal SHOD structure may include the following as accessory uses,
provided such uses are located within the principal SHOD structure.
(6)
Landscaping and landscaped buffer area. Not less than 25% of the total gross lot area shall be landscaped in accordance with § 210-80. As part of the required landscaping, a landscaped buffer area of not less than 30 feet in depth shall be provided along the front yard, side yard, and rear yard of any lot, and not less than 5% of the interior (i.e., non-perimeter) area of any parking lot shall be landscaped. Roads, pathways, and sidewalks providing access through a buffer are permitted. The minimum landscaped area required in this subsection may be satisfied by the creation of such minimum landscaped area on the adjoining right-of-way of a public highway owned and maintained by the New York State Department of Transportation. All setbacks shall be computed for the parent parcel.
(7)
Sidewalks. Where required sidewalks shall be six feet wide and provide
circulation between principal structures and accessory uses and adjacent
properties as deemed appropriate by the Planning Board.
(10)
Architectural consistency. All principal buildings shall be architecturally designed to be consistent with the Town of Poughkeepsie guidelines to the maximum extent possible. Compliance with all architectural standards shall be subject to Planning Board review and approval in accordance with § 210-152A(10).
E.
Procedure. The review and approval of an application for a Senior
Housing Overlay District designation shall be as follows:
(1)
Town Board review. An application for a Senior Housing Overlay District
designation shall be submitted to the Town Board. Upon receipt of
an application, the Town Board shall notify the applicant of the place,
date, and time of the meeting at which the application is to be considered,
and shall refer the application to the Planning Board for review and
recommendation. The applicant or the applicant's representatives shall
be present at meetings of the Town Board at which the application
is to be considered.
(2)
Planning Board review. Within 62 days of receipt of the application
from the Town Board, the Planning Board shall make a recommendation
to the Town Board as to whether, in the opinion of the Planning Board,
the application supports a Senior Housing Overlay District designation.
The applicant or the applicant's representatives shall be present
at the meetings of the Planning Board at which the application is
to be considered. Failure of the Planning Board to provide a recommendation
within the specified time shall be deemed a recommendation to approve
the application.
(3)
SEQRA review. No application for a Senior Housing Overlay District
designation shall be complete until a lead agency is established,
and a negative declaration has been issued or a draft environmental
impact statement has been accepted as complete by the lead agency
as satisfactory with respect to scope, content and adequacy.
(4)
Town Board action. Within 62 days of receipt of a complete application,
the Town Board shall hold a public hearing on the application for
a Senior Housing Overlay District designation. Notice of the public
hearing shall be published in the official newspaper at least 10 days
prior to the date set for the public hearing. A public hearing on
the application shall also be coordinated with any public hearing
on a draft environmental impact statement. The Town Board may provide
that the hearing be further advertised in such manner as it deems
most appropriate for full public consideration of the application,
including the prominent placement of one or more signs on the premises
that is the subject of the application notifying interested persons
that an application for a Senior Housing Overlay District designation
is under consideration by the Board. All notices shall include the
name of the application, the location of the site requested for designation,
and the date, place, time and subject of the public hearing at which
the application will be reviewed. Such notice shall not be required
for adjourned dates. Within 62 days of the close of the public hearing
the Town Board shall act to approve or disapprove the request for
a Senior Housing Overlay District designation. The time within which
the Board must render its decision may be extended for such additional
time as the Board may deem reasonable or necessary to render a decision.
The failure of the Board to take action within 62 days of the close
of the public hearing, or within such additional time period as may
be agreed to or established by the Board shall not result, and shall
not be construed to result, in a default approval of the application.
The Board may, if it feels necessary to fully protect the public health,
safety and welfare of the community, attach to the designation any
reasonable conditions or requirements for the applicant to meet. The
decision of the Board shall be filed in the office of the Town Clerk
within five business days of the date such decision is rendered and
a copy thereof shall be mailed to the applicant.
(5)
Site plan approval. Site plan review and approval by the Planning Board as provided in Article XIII of this chapter shall be required prior to commencement of any site work or the issuance of a building permit. Changes to a previously approved site plan shall also require site plan approval.
(6)
Subdivision approval. If the development proposal involves the subdivision of land as defined in this chapter and Chapter 177, the subdivision approval pursuant to Chapter 177 shall be required prior to commencement of any site work or the issuance of a building permit. Changes to a previously approved subdivision plat shall also require resubdivision approval. A mixed-use project in a Senior Housing Overlay District may be subdivided into two or more parcels, provided that a reciprocal easement agreement approved by the Planning Board as part of the site plan approval process is executed and recorded requiring that such subdivided parcels, for so long as the mixed-use project in a Senior Housing Overlay District exists, function as one integrated parcel for ingress and egress, parking, internal circulation, water service, drainage, sanitary sewage disposal, and storm sewers.
(7)
Conformity with district designation required. The Planning Board
shall not approve any site plan and/or subdivision that is not in
substantial conformance with the Senior Housing Overlay District designation
granted by the Town Board or with any conditions imposed upon such
designation.
F.
Time limits. If construction work on the proposed senior housing
development is not commenced within the later of three years from
the date of the Town Board approval of the Senior Housing Overlay
District or within three years from the date of Planning Board site
plan and/or subdivision approvals, and completed within three years
of the date of such commencement, then the SHOD designation shall
be null and void and all rights and approvals and permits therein
shall terminate unless the Town Board, for good cause, authorizes
an extension of the overlay district approval. For purposes of this
section, the commencement of construction shall be measured from the
date a building permit is issued by the Town of Poughkeepsie. Additionally,
and for purposes of this section, the completion of construction shall
be the date on which a certificate of occupancy is issued by the Town
of Poughkeepsie.
[Added 9-18-2013 by L.L. No. 17-2013]
A.
District purpose. This overlay district is to encourage the provision
of housing opportunities for working individuals, couples, families,
and seniors as part of a multiple unit development. The PROD regulations
are intended to facilitate development of designated areas for residential
and residential mixed use by permitting greater flexibility and, encouraging
creative and imaginative designs for the development of such areas
than is typically possible under conventional zoning or subdivision
regulations. These regulations are further intended to promote the
economical and efficient use of land while providing a harmonious
variety of housing choices, a higher level of amenities, and preservation
of open space. As determined by the Town Board, the inclusion of multifamily
residential development on designated sites is compatible with and
complementary to certain residential and nonresidential district uses
which may be developed from a single parcel of land or from land accumulated
for contemporaneous development of residential and nonresidential
uses (collectively the "parent parcel").
B.
General requirements. A Planned Residential Overlay District designation
may be permitted, at the sole discretion of the Town Board as a Zoning
Map amendment subject to such additional terms and conditions as the
Town Board may require, on property located within the following zoning
districts:
C.
Planned residential developments shall relate harmoniously to the
topography of the site, shall make suitable provision for the preservation
of watercourses, drainage areas, wooded areas, rough terrain, and
similar natural features and areas, and, shall otherwise be so designed
as to use and retain such natural features and amenities to the greatest
extent possible.
D.
Minimum land area. To qualify for PROD designation, the minimum land
area of the parent parcel shall be no less than 10 contiguous acres
of land.
E.
Minimum lot frontage. The minimum lot frontage of the parent parcel
shall be no less than 200 feet of continuous frontage on a public
highway.
(1)
Services. The site shall, in the opinion of the Town Board, be conveniently
located with respect to retail, medical, and public transportation
services.
(2)
Utilities. The site shall be served by municipal central sewage disposal
and water supply facilities of sufficient capacity to service the
proposed development. Unless determined to be infeasible by the Planning
Board, all utilities, including electric and communications lines
shall be installed underground.
F.
Dwelling unit type. The only dwelling type permitted in a PROD is
multifamily dwelling.
[Amended 4-17-2024 by L.L. No. 4-2024]
G.
Site plan approval. The development of any Planned Residential Overlay
District project is subject to site plan and/or subdivision approval
by the Planning Board after Town Board approval of the Planned Residential
Overlay District.
H.
Mandatory agreement. The Town Board shall require as a condition
of any PROD approval implementation of a payment-in-lieu-of-taxes
(PILOT) agreement between the applicant/owner and the Town that provides
that the owner of the PROD project shall make annual payments in lieu
of taxes to the Town in amounts and for such term as may be approved
by the Town Board, it being the intent of the Town that the cost of
providing school, fire, police, ambulance and municipal services to
the PROD project be borne by the owner.
I.
Design criteria. The following design criteria shall apply to any
PROD project.
(1)
(2)
Maximum nonresidential density.
(a)
No more than 30% of the total gross residential square footage
of any PROD development may be devoted to nonresidential space.
(b)
Where the PROD includes nonresidential space, the Town Board
shall require the filing of a covenant or such other document as may
be required by the Director of Municipal Development and approved
by the Town Attorney to ensure that the nonresidential building portion
of the development is not later converted to a residential use; provided,
however, that such restriction may be modified by subsequent approval
of the Town Board upon application or request for such modification,
or as may otherwise be changed by Zoning Law amendment or other local
law adopted by the Town Board of the Town of Poughkeepsie.
(3)
Open space requirement. Usable open space shall comprise at least
30% of the total area of the PROD. All or any part of the required
open space shall be reserved for use in common by the residents and
tenants of the PROD. Areas permanently reserved for open space shall
be reserved for the use and enjoyment of the residents in a manner
which makes the Town, or a public district or public agency a party
to and entitled to enforce the reservation. The Town Board may require
that open space easements over the required open space be conveyed
to the Town.
(a)
Except as hereafter provided, no principal structure shall be
located closer than five feet to any interior vehicular or pedestrian
way, court, plaza, open parking lot or any other surfaced area reserved
for public use or for use in common by residents of the PROD. Such
setback shall generally be measured from the nearest edge of a surfaced
area; provided, however, that where no sidewalk exists in conjunction
with a public or private street, such setback shall be measured from
the nearest edge of the street right-of-way or private road easement.
(4)
The area and bulk regulations for any PROD project shall be as follows:
(a)
Maximum lot coverage of non-open space area: 90%.
(b)
Maximum impervious coverage of non-open space area: 95%.
(c)
Maximum building height: 50 feet or four stories.
[1]
For projects that incorporate parking spaces within the ground
floor or subfloor area of any dwelling unit, the height limitation
may be increased by 15 feet or one story.
(d)
Minimum perimeter setback along the parent parcel: 40 feet.
(e)
Minimum size of any lot subdivided from the parent parcel: as
determined by the Planning Board. Lots shall not be required to have
frontage on a public street, provided that appropriate reciprocal
easements are provided, to the satisfaction of the Planning Board,
for access between such lots and public streets over common internal
roadways and driveways to be constructed in accordance with the approved
site development plan. For purposes of this section, the PROD shall
be considered to be an open development area in accordance with the
Town Law § 280-a.
(f)
Minimum setback from interior lot lines: five feet.
(5)
Parking. Minimum parking shall be provided at a ratio of 1.5 spaces per dwelling unit or such other ratio as may be approved by the Planning Board. Parking for any nonresidential portion of any development shall be established by the Planning Board pursuant to § 210-92 of the Town Code. For the purpose of enhancing design flexibility, including the enhancement of the visual appearance of a mixed use project in a Planned Residential Overlay District, and, for the purpose of reducing the amount of lot area devoted to surface parking, the creation of structured parking in parking garages is encouraged, and parking on any part of the parent parcel may be used to meet the parking requirements for any other components of a mixed use project.
(6)
Sidewalks. Where required sidewalks shall be five feet wide and provide
circulation between principal structures and accessory uses and adjacent
properties as deemed appropriate by the Planning Board.
(9)
Architectural consistency. All principal buildings shall be architecturally designed to be consistent with the Town of Poughkeepsie guidelines to the maximum extent possible. Compliance with all architectural standards shall be subject to Planning Board review and approval in accordance with § 210-152A(10).
J.
Procedure. The review and approval of an application for a Planned
Residential Overlay District designation shall be as follows:
(1)
Town Board review. An application for a Planned Residential Overlay
District designation shall be submitted to the Town Board. Upon receipt
of an application, the Town Board shall notify the applicant of the
place, date, and time of the meeting at which the application is to
be considered, and shall refer the application to the Planning Board
for review and recommendation. The applicant or the applicant's representatives
shall be present at meetings of the Town Board at which the application
is to be considered.
(2)
Planning Board review. Within 62 days of receipt of the application
from the Town Board, the Planning Board shall make a recommendation
to the Town Board as to whether, in the opinion of the Planning Board,
the application supports a Planned Residential Overlay District designation.
The applicant or the applicant's representatives shall be present
at the meetings of the Planning Board at which the application is
to be considered. Failure of the Planning Board to provide a recommendation
within the specified time shall be deemed a recommendation to approve
the application.
(3)
SEQRA review. No application for a Planned Residential Overlay District
designation shall be complete until a lead agency is established,
and a negative declaration has been issued or a draft environmental
impact statement has been accepted as complete by the lead agency
as satisfactory with respect to scope, content and adequacy.
(4)
Town Board action. Within 62 days of receipt of a complete application,
the Town Board shall hold a public hearing on the application for
a Planned Residential Overlay District designation. Notice of the
public hearing shall be published in the official newspaper at least
10 days prior to the date set for the public hearing. A public hearing
on the application shall also be coordinated with any public hearing
on a draft environmental impact statement. The Town Board may provide
that the hearing be further advertised in such manner as it deems
most appropriate for full public consideration of the application,
including the prominent placement of one or more signs on the premises
that is the subject of the application notifying interested persons
that an application for a Planned Residential Overlay District designation
is under consideration by the Board. All notices shall include the
name of the application, the location of the site requested for designation,
and the date, place, time and subject of the public hearing at which
the application will be reviewed. Such notice shall not be required
for adjourned dates. Within 62 days of the close of the public hearing
the Town Board shall act to approve or disapprove the request for
a Planned Residential Overlay District designation. The time within
which the Board must render its decision may be extended for such
additional time as the Board may deem reasonable or necessary to render
a decision. The failure of the Board to take action within 62 days
of the close of the public hearing, or within such additional time
period as may be agreed to or established by the Board shall not result,
and shall not be construed to result, in a default approval of the
application. The Board may, if it feels necessary to fully protect
the public health, safety and welfare of the community, attach to
the designation any reasonable conditions or requirements for the
applicant to meet. The decision of the Board shall be filed in the
office of the Town Clerk within five business days of the date such
decision is rendered and a copy thereof shall be mailed to the applicant.
(5)
Site plan approval. Site plan review and approval by the Planning Board as provided in Article XIII of this chapter shall be required prior to commencement of any site work or the issuance of a building permit. Changes to a previously approved site plan shall also require site plan approval.
(6)
Subdivision approval. If the development proposal involves the subdivision of land as defined in this chapter and Chapter 177, the subdivision approval pursuant to Chapter 177 shall be required prior to commencement of any site work or the issuance of a building permit. Changes to a previously approved subdivision plat shall also require resubdivision approval. A mixed use project in a Planned Residential Overlay District may be subdivided into two or more parcels, provided that a reciprocal easement agreement approved by the Planning Board as part of the site plan approval process is executed and recorded requiring that such subdivided parcels, for so long as the mixed use project in a Planned Residential Overlay District exists, function as one integrated parcel for ingress and egress, parking, internal circulation, water service, drainage, sanitary sewage disposal, and storm sewers.
(7)
Conformity with district designation required. The Planning Board
shall not approve any site plan and/or subdivision that is not in
substantial conformance with the Planned Residential Overlay District
designation granted by the Town Board or with any conditions impose
upon such designation.
K.
Time limits. If construction work on the proposed Planned Residential
development is not commenced within the later of three years from
the date of the Town Board approval of the Planned Residential Overlay
District or within three years from the date of Planning Board site
plan and/or subdivision approvals, and completed within three years
of the date of such commencement, then the PROD designation shall
be null and void and all rights and approvals and permits therein
shall terminate unless the Town Board, for good cause, authorizes
an extension of the overlay district approval. For purposes of this
section, the commencement of construction shall be measured from the
date a building permit is issued by the Town of Poughkeepsie. Additionally,
and for purposes of this section, the completion of construction shall
be the date on which a certificate of occupancy is issued by the Town
of Poughkeepsie.
[Added 12-19-2012 by L.L. No. 25-2012]
A.
District purpose. This overlay district is to encourage the provision
of mixed uses along the Hudson River waterfront of the Town of Poughkeepsie
by allowing residential development in addition to uses otherwise
allowed in the Waterfront 2 District. A Waterfront Housing Overlay
District designation may be permitted, at the sole discretion of the
Town Board, as a Zoning Map amendment subject to such additional terms
and conditions as the Town Board may require, at locations in proximity
to the Hudson River waterfront which meet the general requirements
and design criteria set forth herein.
B.
General requirements. An application for a Waterfront Housing Overlay
District designation shall be subject to the following general requirements:
(1)
Location. A Waterfront Housing Overlay District shall only be
permitted as an overlay district for property located within the Waterfront
2 District.
(2)
Minimum land area. The minimum site area shall contain at least
three contiguous acres of land.
(3)
Utilities. The site must be served by municipal sewage disposal
and water supply facilities. All utilities, including electric and
communication lines, shall be installed underground.
(4)
Approvals. The development of any project is subject to site
plan and/or subdivision approval from the Planning Board after Town
Board approval of the Waterfront Housing Overlay District.
(5)
Mandatory agreement. The Town Board shall require as a condition
of any WHOD approval an agreement between the applicant/owner and
the Town that provides that in the event any part of the approved
development is accorded a real property tax exemption by virtue of
the participation of an industrial development agency or other agency
or entity permitted to receive such exemption, or the property is
owned and/or operated by a not-for-profit entity, the owner of the
lot or part of the project benefited by such tax exemption shall make
annual payments in lieu of taxes to the Town equal to the amount of
the value of the taxes which would otherwise be assessed and collected
by the Town absent such exemption, said agreement to be approved by
the Town Board.
C.
Design criteria. The following design criteria shall apply to any
development within the Waterfront Housing Overlay District:
(1)
Minimum yards. In lieu of required minimum yards, the front,
side and rear yards shall be determined by the Planning Board during
project review based upon the Planning Board's determination as to
the proper functioning of the proposed site plan.
(2)
Maximum lot coverage. Maximum lot coverage for buildings only
shall not exceed 70%.
(3)
Maximum impervious surface. Maximum impervious surface shall
not exceed 80%.
(4)
Maximum building height. The maximum building height shall not
exceed 40 feet or three stories. For projects that incorporate parking
spaces within the ground floor or subfloor area of any dwelling unit,
the height limitation may be increased by 15 feet or one story.
(5)
Maximum density. The maximum density shall be 28 dwelling units
per gross lot acre as determined by the Town Board.
(6)
Parking. Minimum parking shall be provided at a ratio of 1.5 spaces per dwelling unit or such other ratio as may be approved by the Town Board. Parking for any nonresidential portion of any development shall be established by the Planning Board pursuant to § 210-92 of the Town Code.
(7)
Public waterfront access. The project shall provide for public
access to the Hudson River waterfront and, where applicable, to the
waterfront of tributaries to the Hudson River. The adequacy and sufficiency
of such public access, including provisions for seating, landscaping,
and other amenities, shall be as determined by the Town Board.
(8)
Landscaping. Not less than 10% of the total gross lot area shall be landscaped in accordance with § 210-80.
(9)
Sidewalks. Where required, sidewalks shall be six feet wide
and provide circulation between principal structures and accessory
uses and adjacent properties as deemed appropriate by the Planning
Board.
(12)
Architectural consistency. All principal buildings shall be architecturally designed to be consistent with the Town of Poughkeepsie guidelines to the maximum extent feasible. Compliance with all architectural standards shall be subject to Planning Board review and approval in accordance with § 210-152A(10).
(13)
Waiver. The minimum requirements of any design criterion listed
above may be reduced or waived at the sole discretion of the Town
Board based on its review of the application for a Waterfront Housing
Overlay District.
D.
Procedure. The review and approval of an application for a Waterfront
Housing Overlay District designation shall be as follows:
(1)
Town Board review. An application for a Waterfront Housing Overlay
District designation shall be submitted to the Town Board. Upon receipt
of an application, the Town Board shall notify the applicant of the
place, date, and time of the meeting at which the application is to
be considered, and shall refer the application to the Planning Board
for review and recommendation. The applicant or the applicant's representatives
shall be present at meetings of the Town Board at which the application
is to be considered.
(2)
Planning Board review. Within 62 days of receipt of the application
from the Town Board, the Planning Board shall make a recommendation
to the Town Board as to whether, in the opinion of the Planning Board,
the application supports a Waterfront Housing Overlay District designation.
The applicant or the applicant's representatives shall be present
at the meetings of the Planning Board at which the application is
to be considered. Failure of the Planning Board to provide a recommendation
within the specified time shall be deemed a recommendation to approve
the application.
(3)
SEQRA review. No application for a Waterfront Housing Overlay
District designation shall be complete until a lead agency is established,
and a negative declaration has been issued or a draft environmental
impact statement has been accepted as complete by the lead agency
as satisfactory with respect to scope, content and adequacy.
(4)
Town Board action. Within 62 days of receipt of a complete application,
the Town Board shall hold a public hearing on the application for
a Waterfront Housing Overlay District designation. Notice of the public
hearing shall be published in the official newspaper at least 10 days
prior to the date set for the public hearing. A public hearing on
the application shall also be coordinated with any public hearing
on a draft environmental impact statement. The Town Board may provide
that the hearing be further advertised in such manner as it deems
most appropriate for full public consideration of the application,
including the prominent placement of one or more signs on the premises
that is the subject of the application, notifying interested persons
that an application for a Waterfront Housing Overlay District designation
is under consideration by the Board. All notices shall include the
name of the applicant, the location of the site requested for designation,
and the date, place, time and subject of the public hearing at which
the application will be reviewed. Such notice shall not be required
for adjourned dates. Within 62 days of the close of the public hearing,
the Town Board shall act to approve or disapprove the request for
a Waterfront Housing Overlay District designation. The time within
which the Board must render its decision may be extended for such
additional time as the Board may deem reasonable or necessary to render
a decision. The failure of the Board to take action within 62 days
of the close of the public hearing, or within such additional time
period as may be agreed to or established by the Board, shall not
result, and shall not be construed to result, in a default approval
of the application. The Board may, if it feels necessary to fully
protect the public health, safety and welfare of the community, attach
to the designation any reasonable conditions or requirements for the
applicant to meet. The decision of the Board shall be filed in the
office of the Town Clerk within five business days of the date such
decision is rendered, and a copy thereof shall be mailed to the applicant.
(5)
Site plan approval. Site plan review and approval by the Planning Board as provided in Article XIII of this chapter shall be required prior to commencement of any site work or the issuance of a building permit. Changes to a previously approved site plan shall also require site plan approval.
(6)
Subdivision approval. If the development proposal involves the subdivision of land as defined in this chapter and Chapter 177, then subdivision approval pursuant to Chapter 177 shall be required prior to commencement of any site work or the issuance of a building permit.[1] Changes to a previously approved subdivision plat shall
also require resubdivision approval. A WHOD project may be subdivided
into two or more parcels, provided that a reciprocal easement agreement
approved by the Planning Board as part of the site plan approval process
is executed and recorded requiring that such subdivided parcels, for
so long as the WHOD project exists, function as one integrated parcel
for ingress and egress, parking, internal circulation, water service,
drainage, sanitary sewage disposal, and storm sewers.
(7)
Conformity with district designation required. The Planning
Board shall not approve any site plan and/or subdivision that is not
in substantial conformance with the Waterfront Housing Overlay District
designation granted by the Town Board or with any conditions imposed
upon such designation.
E.
Time limits. If construction work on the proposed planned residential
development is not commenced within the later of three years from
the date of the Town Board approval of the Waterfront Housing Overlay
District or within three years from the date of Planning Board site
plan and/or subdivision approvals, and completed within three years
of the date of such commencement, then the WHOD designation shall
be null and void and all rights and approvals and permits therein
shall terminate unless the Town Board, for good cause, authorizes
an extension of the overlay district approval. For purposes of this
section, the commencement of construction shall be measured from the
date a building permit is issued by the Town of Poughkeepsie. Additionally,
and for purposes of this section, the completion of construction shall
be the date on which a certificate of occupancy is issued by the Town
of Poughkeepsie.
