A.
All special permit uses cited in the District Schedule of Use Regulations set forth in Article III of this chapter shall be subject to review and approval by the Planning Board in accordance with § 274-b of the Town Law and the standards, requirements and procedures set forth in this article.
B.
In all cases where this chapter requires special use
permit authorization by the Planning Board, an Application for Special
Use Permit shall be initially submitted to the Code Enforcement Officer
and referred by the Code Enforcement Officer to the Planning Board
for its consideration. No building permit or certificate of occupancy
may be issued by the Code Enforcement Officer except upon authorization
of and in full conformity with plans approved and conditions imposed
by the Planning Board.
C.
In accordance with the District Schedule of Use Regulations, certain uses requiring the issuance of a special use permit are additionally subject to site plan review and approval, as described in Article VII of this chapter, or in the instance of those special use permits required to authorize the use of certain residential subdivision and other land development techniques additionally subject to subdivision plat review and approval pursuant to Chapter 192, Subdivision of Land, of the Code of the Town of Union Vale.
The Planning Board shall apply the below standards in considering special permit authorization of the use of certain residential subdivision and other land development techniques during subsequent subdivision plat review and approval and/or site plan review and approval processes in accordance with Chapter 192, Subdivision of Land, and/or Article VII of this chapter, respectively.
A.
B.
Average density subdivision. The Planning Board may
by special permit allow the application of average density subdivision
criteria to a specific parcel in the RD10, RA5 or RA3 Districts, provided
that:
(1)
The proposed subdivision is consistent with all dimensional parameters for the pertinent zoning district as set forth within the District Schedule of Area and Bulk Regulations found at Article IV, § 210-11, of this chapter, except as modified as to minimum lot area pursuant to § 210-20A(2) therein.
(4)
To the extent such may be applicable to the subdivision parcel, application of the average density subdivision criteria will in the opinion of the Planning Board be beneficial in achieving the objectives and/or extraordinary standards of the Environmental Resource Overlay (ER-O) and/or Scenic Corridor Overlay (SC-O) Districts as stated within Article V, §§ 210-48 and 210-49, respectively, of this chapter.
(5)
Application of average density subdivision criteria
will in the opinion of the Planning Board not cause any significant
adverse effects on the environment that would be either avoided or
more fully mitigated were an alternative residential development technique
authorized within the pertinent RD10, RA5 or RA3 District employed.
C.
Conventional subdivision. The Planning Board may by
special permit authorize the application of conventional subdivision
criteria to a specific parcel in the RD10, RA5, RA3 or TC Districts,
provided that:
(3)
To the extent such may be applicable to the subdivision parcel, application of conventional subdivision criteria will in the opinion of the Planning Board neither inconsistent with the objectives nor inimical to satisfaction of the extraordinary standards of the Environmental Resource Overlay (ER-O) and/or Scenic Corridor (SC-O) Districts as stated within Article V, §§ 210-48 and 210-49, respectively, of this chapter.
(4)
Application of conventional subdivision criteria will
in the opinion of the Planning Board not cause any significant adverse
effects on the environment that would be either be avoided or more
fully mitigated were an alternative residential development technique
authorized within the pertinent RD10, RA5, RA3 or TC District employed.
D.
Open area development. The Planning Board may by special
permit authorize the application of open area development criteria
to a specific parcel or joint parcels in the RD10, RA5, TC or A Districts,
provided that:
(1)
The minimum affected acreage shall be 250 acres within
the RD10 District, 100 acres within the RA5 District, and 50 acres
within either the Town Center (TC) or Airport (A) Districts.
(2)
If the intended use of the property is residential, the employ of open area development concept will in the opinion of the Planning Board facilitate the implementation of either a conservation density subdivision or a residential cluster development, either as defined within Article XII, § 210-86A, of this chapter and otherwise regulated herein.
(3)
If located within the Town Center (TC) District, the employ of the open area development concept will in the opinion of the Planning Board facilitate the implementation of a planned mixed use development or either a shopping center or office park as defined within Article XII, § 210-86A, of this chapter and authorized pursuant to the District Schedule of Use Regulations set forth herein.
[Amended 3-11-2010 by L.L. No. 12-2010]
(5)
Application of the open development area concept will
in the opinion of the Planning Board not cause any significant adverse
effects on the environment that would be avoided were the flexibility
provided by the concept in terms of private roadway access and permitted
lot frontage on a private roadway instead of public roadway not employed.
(6)
Upon recommendation of the Planning Board, the open
development area is created by the Town Board in accordance with the
requirements and procedure set forth within § 280-a, Subdivision
4, of the Town Law.
E.
Planned mixed use development. The Planning Board
may by special permit authorize the application of the planned mixed
use development technique to a specific parcel or joint parcels in
the TC District, provided that:
(1)
The proposed Planned Mixed Use Development (PMUD)
includes not less than 80 acres of land area if located on lands within
the TC District to the north of NYS Route 55 and 40 acres of land
area if located on lands within the TC District to the south of NYS
Route 55.
(2)
The proposed PMUD, whether involving lands in individual ownership or held by two or more owners, is master planned with respect to land use, access, water supply, sanitary sewage, stormwater management and other project-wide considerations, as a unified development with a mix of not less than three of the following land uses, which land uses may be complemented by other permitted or special permit uses within the TC District as set forth within the District Schedule of Use Regulations found at Article III, § 210-10, of this chapter:
(a)
Two-family, or duplex, dwellings, subject to the standards set forth at § 210-56A(2) of this article.
(b)
Multifamily dwellings, subject to the standards set forth at § 210-56A(3) of this article.
(c)
Elderly or senior citizen housing, subject to the standards set forth at § 210-56A(5) of this article.
(d)
Conference center, subject to the standards set forth at § 210-56E(4) of this article.
(e)
Office park, subject to the standards set forth at § 210-56E(10) of this article.
(f)
Shopping center, subject to the standards set forth at § 210-56E(13).[1]
[1]
Editor's Note: Former Subsection E(2)(g), regarding light
industrial uses, which immediately followed this subsection, was repealed
3-11-2010 by L.L. No. 12-2010.
(3)
The proposed PMUD provides for development of not
less than 30% of its overall land area by the nonresidential uses
listed above and/or other nonresidential uses authorized within the
TC District as set forth within the District Schedule of Use Regulations.[2]
[Amended 3-11-2010 by L.L. No. 12-2010]
[2]
Editor’s Note: The District Schedule of Use Regulations
is included at the end of this chapter.
(4)
Application of the PMUD concept contributes in the
opinion of the Planning Board significantly to the creation of local
job opportunities and diversity in housing choice including either
ownership or rental opportunities deemed more affordable for both
younger and older residents of the Town than prevailing residential
patterns within the Town involving principally the development, ownership
and maintenance of single-family dwellings on individual lots.
A.
In authorizing any special permit use, the Planning Board shall take into account 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 into strict account the additional specific standards and requirements set forth in §§ 210-56 through 210-58 of this article for certain uses, applicable supplementary regulations stated in Article V of this chapter, and the following general objectives for any use requiring special use permit authorization by the Planning Board:
(1)
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 roadways providing access shall be in harmony with the
orderly development of the district in which the use is located.
(2)
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.
(3)
All proposed traffic access ways should 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.
(4)
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.
(5)
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.
(6)
All proposed buildings, structures, equipment and/or
material should be readily accessible for fire and police protection.
(7)
The character and appearance of the proposed use,
buildings, structures and/or signs shall be in harmony with the character
and appearance of the surrounding neighborhood, shall not be more
objectionable to nearby properties by reason on noise, fumes, vibration
or lighting than would the operations of any permitted principal use
and shall not adversely affect the general welfare of the inhabitants
of the Town of Union Vale.
(8)
The use shall meet the prescribed area and bulk requirements for the district in which located or as further specified in the Supplementary Regulations set forth within Article V of this chapter, including such matters as minimum setback, maximum height, required off-street parking and sign regulations.
(9)
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 shall include the suitability
of water supply, both for domestic use and emergency purposes, and
sanitary sewage facilities to accommodate the intended use.
(10)
The use shall be carried out in a manner compatible
with its environmental setting and with due consideration to the protection
of natural resources.
B.
The Planning Board shall impose additional conditions
and safeguards upon the special use permit as may be reasonably necessary
in its opinion to assure continual conformance to all applicable standards
and requirements, including reasonable assurance that these conditions
and safeguards can be reasonably monitored and enforced.
In addition to the general standards stated above and the site plan design criteria and review considerations stated in §§ 210-64 and 210-65, respectively, of this chapter, the following specific requirements shall be complied with for the particular special permit uses cited below:
A.
Residential principal uses:
(1)
Single-family dwelling. A single-family dwelling shall
be allowed by special permit in the TC District, provided that:
[Amended 3-11-2010 by L.L. No. 12-2010]
(a)
If developed under the individual lot concept or exclusively as part
of a residential subdivision, whether under the conventional subdivision
or residential cluster subdivision technique, it is located on a lot
situated in its entirety not less than 1,200 feet from the center
line of NYS Route 55 if within those TC District lands to the north
of NYS Route 55 and situated in its entirety not less than 600 feet
from said center line if located within the TC District to the south
of NYS Route 55.
(b)
If developed under the individual lot concept or exclusively as part
of a residential subdivision, whether under the conventional subdivision
or residential cluster subdivision technique, a minimum lot area,
or density equivalent, of three acres on those lands within the TC
District to the north of NYS Route 55 or two acres on those lands
within the TC District to the south of NYS Route 55, is provided,
and other area and bulk requirements as otherwise applicable within
the RA3 District are met.
(c)
If developed as an integral part of a planned mixed-use development
for which the Planning Board has issued a special use permit and granted
site plan and/or subdivision plat approval, a minimum lot area, or
density equivalent, of two acres on those lands within the TC District
to the north of NYS Route 55 or 1.5 acres on those lands within the
TC District to the south of NYS Route 55, is provided, and the other
area and bulk standards as otherwise applicable within the R1.5 District
are met.
(2)
Two-family dwelling. A two-family dwelling shall be
allowed by special permit in the RA5, RD10 and TC Districts, provided
that:
[Amended 3-11-2010 by L.L. No. 12-2010]
(a)
If located within the TC District, the two-family dwelling is developed
as an integral part of a planned mixed-use development for which the
Planning Board has issued a special use permit and granted site plan
and/or subdivision plat approval.
(b)
A minimum lot area, or density equivalent, of four acres is provided
on those lands within the TC District to the north of NYS Route 55
or two acres on those lands within the TC District to the south of
NYS Route 55, and other area and bulk standards as otherwise applicable
to the RA3 District or R1.5 District, respectively, are met.
(c)
The two-family dwelling is developed on a lot of not less than eight
acres within the RA5 District or 12 acres within the RD10 District.
(3)
Multifamily dwelling. A multifamily dwelling shall
be allowed by special permit in the TC District, provided that:
(a)
The multifamily use is an integral part of a
Planned Mixed Use Development (PMUD) for which the Planning Board
has issued a special use permit and granted site plan approval.
(b)
The multifamily dwellings severally occupy not
more than 20% of the land area within such PMUD nor more than 60%
of such land area in combination with any other residential occupancy
that may be authorized.
(c)
The multifamily dwellings shall not exceed a
density of three dwelling units per gross acre for general occupancy
or five dwelling units per gross acre if age-restricted for occupancy
by senior citizens.
(d)
No individual multifamily dwelling shall exceed
six dwelling units.
(e)
The maximum number of multifamily dwelling units
within a PMUD shall not exceed 30 dwelling units if for general occupancy
or 50 dwelling units if age-restricted for occupancy by senior citizens.
(f)
Outdoor recreation and open space area for the
exclusive use of the residents of the multifamily dwellings shall
be provided, such outdoor recreation and open space area occupying
not less than 6,000 square feet per dwelling unit.
(g)
The multifamily dwelling(s) shall be served
by central water supply and common sewage disposal facilities provided
in accordance with the requirements of the Town of Union Vale, the
Dutchess County Health Department and the New York State Department
of Health.
(4)
Boarding- , rooming or lodging house. A boarding,
rooming or lodging house shall be allowed by special permit in the
H District, provided that:
(a)
The boarding, rooming or lodging house uses
occurs within what is otherwise an owner-occupied single-family dwelling
and shall not be located in a structure in whole or in part a commercial
premises.
(c)
In addition to parking required for the residence,
at least one additional off-street parking space is provided for each
room offered for rent.
(5)
Elderly or senior citizen housing. An elderly or senior
citizen housing development shall be allowed by special permit in
the RD10, RA5, RA3 and TC Districts, provided that:
(a)
The development site shall be a single parcel with a minimum area of 25 acres within the RD10 or RA5 Districts or 15 acres within the RA3 District, 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 Article IV, § 210-22, of this chapter.
(b)
If located within the TC District, the development
is an integral part of a Planned Mixed Use Development (PMUD) for
which the Planning Board has issued a special use permit and granted
site plan approval.
(c)
If located within a PMUD, the development include
outdoor recreation and open space area for the exclusive use of the
residents of the elderly or housing development, such lands totaling
not less than 4,000 square feet per dwelling unit.
(d)
The site shall be provided with adequate central
water supply and common sewage disposal facilities in accordance with
the requirements of the Town of Union Vale, the Dutchess County Department
of Health and the New York State Department of Environmental Conservation.
(e)
The maximum density shall not exceed one dwelling
unit per gross acre in the RD10 District, two dwelling units per gross
acre in the RA5 District, three dwelling units per gross acre in the
RA3 District, or five dwelling units per gross acre within the TC
District.
(f)
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.
(g)
Except where an integral part of a Life Care
Community, the maximum number of dwelling units within an individual
senior citizen or elderly housing development shall be 60 dwelling
units.
(h)
One and two-tenths parking spaces shall be provided
for each senior citizen or elderly dwelling unit to accommodate residents,
guests and staff.
(i)
Except in the case of the TC District where
the senior citizen or elderly housing development will be considered
an integral part of the overall PMUD, the minimum front, side and
rear yards otherwise applicable to either building or parking area
improvements within the zoning district in which the senior citizen
or elderly housing development is situated shall be doubled, i.e.,
increased by 100%.
(j)
Maximum structure coverage, including all principal
and accessory structures, shall not exceed 10% of lot area in the
RD10 District and 15% of lot area in the RA5 and RA3 Districts.
(k)
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
not necessarily be limited to the following:
(l)
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.
(m)
Pursuant to a demonstration of need by the Town,
and to the extent any federal, state or private subsidies either may
be or may become available to subsidize the rents of lower-income
elderly persons and households, the project sponsor shall cooperate
as an expressed condition of the special use permit approval and the
certificate of occupancy with the Town of Union Vale and other interested
agencies in securing such subsidies for up to 40% of the dwelling
units within the senior citizen or elderly housing development.
(6)
Enriched housing for the elderly. Enriched housing
for the elderly shall be a type of residence allowed by special permit
in the RD10, RA5 and RA3 Districts, provided that:
(a)
If established as an independent principal use, the residence shall be established through either adaptive reuse of a nonresidential structure or conversion of a dwelling existing at the time of enactment of this chapter on a single lot with a lot area of no less than the minimum specified for the zoning district in Article IV, § 210-11, District Schedule of Area and Bulk Regulations.
(b)
Alternately, the residence may be established
through either conversion of an existing structure or new construction
on the premises of a Life Care Community for which the Planning Board
has issued a special use permit. In such instance, a minimum land
area of three acres shall for density purposes be considered to be
set aside for each such residence.
(c)
The residence shall be noninstitutional in appearance,
integrated to the extent practicable with the community, and designed
to serve 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 for personal needs.
[6]
Assistance in doing laundry.
[7]
Arrangements for essential transportation.
[8]
Leisure activities.
[9]
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
serving the residence.
(f)
The residence is in full compliance with the
New York State Uniform Fire Prevention and Building Code and other
applicable codes, laws, rules and regulations that may be imposed
by a county or state regulatory or permitting agency.
B.
Residential accessory uses:
(1)
Accessory apartment within single-family dwelling.
An accessory apartment within a single-family dwelling shall be allowed
through either conversion or new construction by special permit in
both any residential district and the NC District, provided that the
following criteria are met:
[Amended 3-11-2010 by L.L. No. 12-2010]
(a)
If the accessory apartment is created through
conversion of space within an existing single-family dwelling, the
following criteria are met:
[1]
The single-family dwelling is owner-occupied
at the time of the conversion and either the principal dwelling unit
or the accessory apartment will forever be owner-occupied.
[2]
Each principal single-family dwelling and accessory apartment is, at the time of conversion, on a single lot with lot area of not less than either the minimum acreage for the zoning district as set forth within the District Schedule of Area and Bulk Regulations found at Article IV, § 210-11, of this chapter, or three acres, whichever is less restrictive.
[3]
The accessory apartment is subordinate to the
principal dwelling unit and contains no more than 35% of the total
habitable floor area of the existing structure prior to construction
of the accessory apartment or 1,000 square feet of habitable floor
area, whichever is the more restrictive.
[4]
No exterior changes are made which will either
alter or extend the foundation area of the dwelling by more than 150
square feet or substantially modify the appearance of the structure
as a single-family dwelling.
[5]
The accessory apartment is self-contained, with
separate cooking, sleeping and sanitary facilities for use by the
occupant(s).
[6]
Any additional exterior entrances created shall
be located at the side or rear of the dwelling.
[7]
The accessory apartment contains a minimum habitable
floor area of 450 square feet.
[8]
The accessory apartment shall be limited to
two bedrooms.
[10]
A total of four parking spaces, as required at Article V, § 210-25, of this chapter for a principal single-family dwelling and accessory apartment, shall be provided, such parking spaces to be designed and located so as to be convenient without encroaching on any required yard or parking setback area.
[11]
Approval has been granted by the Dutchess County
Health Department for any required on-site sanitary sewage or water
supply facilities, and, as may be deemed applicable by the Planning
Board, certification through either the Health Department or a licensed
professional engineer retained by the applicant that the existing
on-site water supply and sanitary sewage disposal facilities are sufficient
to accommodate the additional demands of the accessory apartment on
the premises where such conversion is proposed. The above notwithstanding,
should there subsequently develop a problem with either the water
supply or the sanitary sewage facilities, failure to promptly correct
the problem will be grounds for immediate revocation of the special
use permit.
(b)
If the accessory apartment is created through
new construction at the time of construction of the principal single-family
dwelling, the following criteria are met:
[1]
The principal dwelling unit shall be intended
to be owner-occupied and either the principal dwelling unit or the
accessory apartment will forever be required to be owner-occupied.
[2]
The principal dwelling unit and accessory apartment are located on a single lot with lot area of not less than the minimum acreage for the zoning district as set forth within the District Schedule of Area and Bulk Regulations found at Article IV, § 210-11, of this chapter. The lot may not be an existing noncomplying lot of less than prescribed lot area.
[3]
The accessory apartment is subordinate to the
principal dwelling unit, with habitable floor area no more than 35%
of the total habitable floor area of the principal dwelling or 1,000
square feet of habitable floor area, whichever is the more restrictive.
[Amended 3-11-2010 by L.L. No. 12-2010]
[4]
The appearance of the structure will be of a
single-family dwelling and the structure will not include within the
front elevation an access door to the accessory apartment.
[5]
The accessory apartment shall be self-contained,
with separate cooking, sleeping and sanitary facilities.
[6]
The accessory apartment contains a minimum habitable
floor area of 450 square feet.
[7]
The accessory apartment shall be limited to
two bedrooms.
[9]
A total of four parking spaces, as required at Article V, § 210-25, of this chapter for a principal single-family dwelling and accessory apartment, shall be provided, such parking spaces to be designed and located so as to be convenient without encroaching on any required yard or parking setback area.
[10]
Approval has been granted by the Dutchess County
Health Department for required on-site water supply and sanitary sewage
facilities in consideration of the combined requirements of both the
principal single-family dwelling and the accessory apartment.
(2)
Accessory apartment within nondwelling structure on
residential premises. An accessory apartment within a separate nondwelling
structure on a single-family premises shall be allowed by special
permit, provided that:
[Amended 8-15-2013 by L.L. No. 2-2013]
(a)
The principal single-family dwelling and the
nondwelling structure proposed for conversion shall be located on
a single lot of not less than 80% of the minimum lot area requirement
set forth within the District Schedule of Area and Bulk Regulations
for the zoning district if located within the RD10 or RA5 Districts
and 100% of the minimum lot area requirement set forth within the
District Schedule of Area and Bulk Regulations for the zoning district
if located within the RA3, R1.5, R1 or H Districts.
(b)
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 or otherwise
modify the exterior appearance of the structure if it is a building
form indigenous to a rural area.
(c)
The principal dwelling unit on the premises
is and shall continue to be owner-occupied.
(d)
The accessory apartment shall comply in its entirety with the provisions of above § 210-56B(1)(b)[3], [5] through [7] and [9], as otherwise applicable to an accessory apartment created through new construction.
(e)
Dutchess County Health Department approval has
been secured for intended water supply and sanitary sewage arrangements
to serve the accessory apartment.
(f)
Except in the case of the conversion of a nondwelling structure
within the RD10 or RA5 District which has legally existed for a period
of at least 10 calendar years prior to the date of application for
authorization of conversion in whole or in part to an accessory apartment,
the nondwelling structure shall comply by its location with the minimum
setback requirements for a principal dwelling as set forth within
the District Schedule of Area and Bulk Regulations for the zoning
district in which it is located. In the case of the cited exception,
the nondwelling structure shall comply with not less than 50% of the
minimum setback requirements for a principal dwelling as set forth
within the District Schedule of Area and Bulk Regulations for the
zoning district in which it is located.
(g)
In no case shall there be more than one accessory apartment, whether
located within the single-family dwelling or within a nondwelling
structure, on a single-family premises.
(3)
Caretaker's cottage. A caretaker's cottage shall be
allowed by special permit as an accessory use within the RD10, RA5
and RA3 Districts, provided that:
(a)
The principal dwelling to which the caretaker's
cottage is accessory is located on a lot or parcel with a minimum
land area of 25 acres.
(b)
Access from the public roadway to the caretaker's
cottage is provided in common with the principal dwelling.
(c)
The caretaker's cottage shall satisfy all setback
requirements specified in the District Schedule of Area and Bulk Regulations
for a principal structure within the zoning district.
(d)
The caretaker's cottage shall not exceed 2,000
square feet in habitable floor area.
[Amended 3-11-2010 by L.L. No. 12-2010]
(e)
Dutchess County Health Department approval has
been secured for water supply and sanitary sewage arrangements to
serve the caretaker's cottage, such facilities to be independent of
facilities serving the principal dwelling.
(4)
Family day care home. A family day care home, as defined within Article XII, § 210-86A, of this chapter and § 390 of the NYS Social Services Law, shall be allowed by special permit in both any residential district and the NC District, provided that:
(a)
The single-family dwelling within which the
family day care home use will be carried out is owner-occupied, with
the operator of the family day care home being the owner or one of
the owners thereof.
(b)
The single-family dwelling is located on a complying
lot of not less than the minimum lot area set forth for the zoning
district within the District Schedule of Area and Bulk Regulations.
(5)
Guest cottage. A guest cottage, as defined in Article XII, § 210-86A, of this chapter, shall be allowed by special permit in the RD10 and RA5 Districts, provided that:
(a)
The maximum habitable floor area of the guest
cottage shall be 600 square feet.
(b)
Not more than one guest cottage shall be authorized
as an accessory use to a principal dwelling, whether located on the
same residential premise or on an adjacent undeveloped parcel in the
same ownership.
(c)
The guest cottage shall be supported by water
supply and sanitary sewage disposal facilities deemed suitable by
the Dutchess County Health Department, which facilities may at the
discretion of the Health Department be shared with the principal dwelling,
if located on the same premises.
(d)
The guest cottage shall be in compliance with
all applicable provisions of the New York State Uniform Fire Prevention
and Building Code. All other applicable laws, ordinances, rules and
regulations shall be complied with and both a building permit, where
applicable, and a certificate of occupancy shall be secured before
occupancy.
(e)
The guest cottage shall satisfy all setback
requirements specified in the District Schedule of Area and Bulk Regulations
for a principal structure within the zoning district.
(f)
The principal dwelling unit to which the guest
cottage is accessory and the guest cottage shall be sited on a minimum
parcel of 10 acres if located on the same lot. The guest cottage,
if situated on an adjacent parcel in the same ownership, shall be
located on a lot of not less than the minimum land area specified
for the zoning district within the District Schedule of Area and Bulk
Regulations.
(6)
Group family day care home. A group family day care home, as defined in Article XII, § 210-86A, of this chapter and § 390 of the NYS Social Services Law, shall be allowed by special permit in both any residential district and the NC District, provided that:
(a)
The single-family dwelling within which the
group family day care home use will be carried out is owner-occupied,
with the operator of the group family day care home being the owner
or one of the owners thereof.
(b)
The single-family dwelling is located on a complying
lot of not less than the minimum land area set forth for the zoning
district within the District Schedule of Area and Bulk Regulations.
(d)
Approval has been granted by the Dutchess County
Health Department for sanitary sewage and water supply facilities,
including, as may be determined applicable by the Planning Board,
certification through either the Health Department or a licensed professional
engineer retained by the applicant that the existing on-site water
supply and sanitary sewage facilities are sufficient to accommodate
the additional demands of the group family day care home on the residential
premises where such accessory use is proposed.
(7)
Home occupation, Class 2. A Class 2 home occupation,
whether occurring within a customary accessory building, located within
the principal dwelling but requiring the outdoor storage of either
materials or equipment used in connection with the home occupation,
or both located within an accessory building and requiring the outside
storage of either materials or equipment, shall be allowed by special
permit in the RD10, RA5, RA3 and NC Districts, provided that:
(b)
The lot on which the home occupation is proposed
meets the minimum lot area requirements set forth in the District
Schedule of Area and Bulk Regulations for the zoning 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)
The home occupation shall have direct access
to a state or county highway or on a through Town roadway, other than
a residential subdivision street. Such access shall be via an individual
driveway except where specifically authorized in writing by all other
users of a common driveway or private roadway.
(d)
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. In no event may any such outdoor storage
of materials or equipment occur within the front yard of the premises
or within 50 feet of any property boundary, whichever be the more
restrictive.
(9)
Wind
energy system. Windmills, wind turbines or similar components of a
wind energy system shall be allowed by special permit in the RD10
and RA5 Districts, provided that:
[Added 3-11-2010 by L.L. No. 12-2010]
(a)
The wind energy system shall be incidental to and fully located on
the same parcel as the permitted principal residential or farm use
that will exclusively derive all or some portion of its energy supply
from the wind source.
(b)
No component of the wind energy system shall extend more than 80
feet above naturally occurring grade as measured from either the base
of the windmill or other facility or at grade level of the building
to which it is attached.
(c)
No component of the wind energy system shall be located within 100
feet of a public or private roadway or property boundary.
(10)
Ground-mounted solar systems. Accessory ground-mounted solar
systems shall be allowed by special permit in all residential districts,
provided that:
[Added 10-6-2016 by L.L.
No. 3-2016]
(a)
Except for the RD10 District, ground-mounted solar systems shall
not be permitted in a front yard or within the area between the front
wall of a residential structure and the front property line, whichever
is greater.
(b)
Ground-mounted solar systems shall comply with the side and
rear yard requirements of the Zoning District in which the property
is located.
(c)
Ground-mounted solar systems shall not exceed the area dimensions
of the principal residential structure located on the parcel.
(d)
Ground-mounted solar systems shall not exceed 12 feet in height.
(e)
Site plan approval is required.
(f)
The Planning Board is authorized to require landscaping and/or
fencing or a combination of both around the portion of the system
between the panels and the ground to offset visual impacts to adjacent
properties and roads. Plantings should consist of deciduous or evergreen
plantings in order to achieve year-round screening.
(g)
General placement of ground-mounted solar systems should be
done in a manner which maximizes distance from adjacent properties
to ensure that the installation does not seek to minimize impact to
the applicant at the expense of adjacent properties. The Planning
Board has authority to increase the setback requirements to accomplish
this goal.
(h)
Lot coverage. The surface area of a ground-mounted solar system
shall be included in lot coverage and impervious surface calculations.
C.
Nonresidential principal uses/agriculture, recreation
and open space uses.
(1)
Camp or campground. A camp or campground shall be
allowed by special permit in the RD10, RA5 and RA3 Districts, provided
that:
(a)
The minimum lot or parcel area shall be 50 acres.
(b)
Not more than two tent platforms or similar
camping sites per gross acre of land area shall be permitted. The
above notwithstanding, no camp or campground shall provide accommodations
for more than 100 persons.
(c)
Permitted tent platforms or similar camping
sites 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 accommodations per acre.
(d)
Access to the camp or campground shall be from
a state or county highway or a through Town roadway, not to include
a residential subdivision street.
(e)
Central water supply and common sewage disposal
facilities shall be provided in accordance with the requirements of
the Town of Union Vale, the Dutchess County Health Department and
the New York State Departments of Health and Environmental Conservation.
(f)
No tent platform or similar camping site, or
the location of any building, parking area, recreation associated
with the camp or campground, shall be located closer than 300 feet
to any existing neighboring residence, 150 feet to any property line,
or 100 feet to any water body or watercourse. Any improvements shall
additionally be effectively screened by intervening landform and/or
vegetation from neighboring properties and public rights-of-way.
(g)
Suitable open areas shall be set aside and maintained
for recreational facilities such as swimming pools, court games or
other active or passive recreational facilities.
(h)
No such facility shall operate prior to May
15 or later than October 15 during any calendar year.
(2)
Golf course and/or country club. A golf course and/or country club, as defined within Article XII, § 210-86A, of this chapter, shall be permitted in the RD10, RA5 and RA3 Districts, provided that:
(a)
The minimum lot or parcel area shall be 125
acres.
(b)
No building or parking area associated with
the golf course and/or country club shall be located within 150 feet
of any property line or within 300 feet of any existing neighboring
residence.
(c)
There shall be no use of public address systems
and/or lighting of outdoor recreation areas or other facilities except
as approved by the Planning Board through issuance of the special
use permit and grant of site plan approval.
(d)
There shall be no authorization of any uses accessory to the golf course operation except as such are later specifically set forth herein in below § 210-56G(4) of this article.
(3)
Hunting and/or fishing club. A hunting and/or fishing
club shall be permitted in the RD10, RA5 and RA3 Districts, provided
that:
(a)
The minimum lot or parcel area shall be 200
acres.
(b)
No building or parking area associated with
the club shall be located within 150 feet of any property line or
within 300 feet of any existing neighboring residence.
(c)
Specific plans for public address systems and/or
lighting for any outdoor recreational areas or other facilities associated
with club operations 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 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 or noise-deterring buffer.
(f)
The hours of operation for such outdoor activities
shall generally be restricted to the period from 30 minutes hour before
sunrise to 30 minutes after sunset.
(4)
Private outdoor recreation facility. A private outdoor
recreation facility, including uses such as skiing, skating, picnicking
and outdoor camping, shall be allowed in the RD10, RA5 and RA3 Districts,
provided that:
(a)
The minimum lot or parcel area shall be 100
acres.
(b)
No building or parking area associated with
the recreational use shall be located closer than 150 feet to any
property line or within 300 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 regardless of distance separation.
(c)
No facility (e.g., trail, ball field or ski
slope) for active recreational use shall be located within 150 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 sanitary sewage disposal
facilities shall be provided in accordance with the requirements of
the Town of Union Vale, 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 will not be sold
on the premises.
(h)
Specific plans for public address systems and/or
lighting of outdoor recreation facilities and appurtenant 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.
(5)
Timber harvesting; commercial logging. Timber harvesting
or commercial logging shall be allowed by special permit in the RD10,
RA5 and RA3 Districts, provided that:
[Amended 3-11-2010 by L.L. No. 12-2010]
(a)
The activity is conducted in accordance with timber harvesting
guidelines promulgated by the New York State Department of Environmental
Conservation (NYSDEC).
(b)
The application is accompanied by a timber harvesting plan and
restoration plan prepared by either an independent professional forester
or qualified NYSDEC personnel. The timber harvesting and restoration
plan shall include information pertaining to the following:
[1]
Survey map or tax map and deed description, if survey is not
available, of the parcel to be logged;
[2]
Location of area(s) of proposed logging;
[3]
Approximate existing number of trees within area(s) of proposed
logging, including species, dbh, and condition;
[4]
Approximate number of trees to be harvested within area(s) of
proposed logging, including species, dbh and condition;
[5]
Assessment of impact of harvesting activity on streams, wetlands
and other water bodies within or in the vicinity of the parcel to
be logged;
[6]
Site-specific measures for the prevention of erosion and the
preservation of wildlife habitat;
[7]
Measures for the preservation of the aesthetic values of the
land;
[8]
Plans for the maintenance and/or repairs of roads, loading areas
and access paths;
[9]
Plans for buffer zones to mitigate visual impact from roads,
neighboring properties and elevated view points;
[10]
Cleanup and reclamation plans;
[11]
Location of major skid roads and landing areas;
and
[12]
A time schedule for all work related to the timber
harvesting activity.
(c)
A performance guaranty in an amount determined adequate by the
Planning Board upon recommendation of the Town Engineer and Town Highway
Superintendent is provided to reasonably ensure repair of Town roadways,
including associated drainage improvements, with respect to damage
caused by the timber harvesting operation.
(d)
All NYSDEC regulations shall be strictly adhered to and any
required stream bank disturbance or other permit shall be secured
and in effect prior to the. commencement of logging.
(e)
An appropriate buffer of trees shall be maintained contiguous to any neighboring residential property or roadway. Unless specifically reduced by the Planning Board in its issuance of a special permit the depth of this buffer shall be not less than the minimum front setback for a principal building from a roadway and shall not be less, with respect to neighboring residential property, than the minimum side or rear setback for a principal building on the neighboring residential property, all as established for the zoning district within § 210-11 of this chapter.
(f)
No operations related to the timber harvesting involving the
use of chainsaws or other mechanical equipment or vehicles shall take
place between 7:00 p.m. and 7:00 a.m.
D.
Nonresidential principal uses/institutional uses and
community facilities, services and uses.
(1)
Alternate care facility. An alternate care facility
(ACF) shall be allowed by special permit in the RD10 District, provided
that:
(a)
The alternate care facility shall be sited on
a lot or parcel with a minimum area of 25 acres.
(b)
The alternate care facility shall have direct
access to either a state or county highway.
(c)
The number of residents within the ACF shall
not exceed six persons per acre.
(d)
Minimum setback for any structure other than
a fence, wall or sign shall be 100 feet from any property line.
(e)
A minimum landscaped buffer area at least 25
feet in depth shall be provided along any lot line abutting or directly
across the street from a lot in a residential district to screen and
protect neighboring residential properties from the view of buildings
and parking areas within the site.
(f)
Provision for recreation for ACF clients shall
be provided with at least 10% of the total land area developed for
active and passive outdoor recreational uses.
(g)
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.
(h)
All other applicable standards and provisions
of this chapter and other applicable local, County and State land
use and development regulations and requirements shall apply.
(2)
Congregate care facility. A congregate care facility
shall be allowed by special permit in the RD10 District, provided
that:
(a)
The congregate care facility shall be sited
on a lot or parcel with a minimum lot area of 25 acres.
(b)
The congregate care facility shall be accessed
either directly from a state or county highway or by a Town roadway
other than a residential subdivision street.
(c)
The number of residents within the facility
shall not exceed six persons per acre.
(d)
The facility sponsor shall at a minimum provide
all of the support services otherwise set forth in this chapter for
either elderly or senior citizen housing or enriched housing for the
elderly in § 210-56(A)(5) and (6), respectively, of this
article.
(3)
Cemetery. A cemetery, including mausoleum, shall be
allowed by special permit in any residential district, provided that:
(a)
No burial or memorial plats or building shall
be located closer than 100 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 either human or other remains
shall be permitted within or considered accessory to a cemetery.
(d)
To the extent applicable, the intended layout
plan has been reviewed and subdivision plat approval therefor has
been granted by the Planning Board.
(4)
Child day-care center. A child day-care center shall
be allowed by special permit in the NC and TC Districts, provided
that:
(a)
The maximum number of children enrolled on a
regular basis shall be 40.
(b)
Minimum outdoor recreation and activity area
of 500 square feet per child enrolled 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 vegetation therefrom.
(c)
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.
(d)
The facility shall be operated and maintained
in strict accordance with applicable laws, rules and regulations,
including § 390 of the Social Services Law of the State
of New York.
(5)
Church or other place of religious worship. A church
or other place of religious worship shall be allowed by special permit
in both any residential district and the NC and TC Districts, provided
that:
(a)
Minimum lot area of five acres shall be required
for a church or other place of religious worship within the RA3, R1.5,
R1 and H Districts.
(b)
Access shall be provided either directly by
a state or county highway or by a through Town roadway other than
a residential subdivision street.
(c)
No building shall be erected nor any parking
area located closer than 50 feet to any highway right-of-way or property
line or such greater setback distance as may be required in the particular
zoning district. The required setback area shall be suitably landscaped
through the maintenance of existing vegetation and landform and/or
the introduction of appropriate planting and/or berming to screen
views from public rights-of-way and/or adjacent residential properties.
(6)
Day camp. A day camp shall be allowed by special permit
in the RD10, RA5 and RA3 Districts, provided that:
(a)
The minimum lot or parcel area shall be 50 acres
in the RD10 District and 25 acres in either the RA5 or RA3 District.
(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 sanitary sewage facilities
shall be provided in accordance with applicable requirements of the
Town of Union Vale, the Dutchess County Health Department and the
New York State Departments of Health and Environmental Conservation.
(d)
Not more than eight campers per acre shall be
accommodated.
(e)
No overnight accommodations shall be provided, except for one accessory single-family dwelling in accordance with the standards set forth in below § 210-56G(1) of this article.
(7)
Educational institution. An educational institution,
i.e., a school for elementary, secondary or higher education, shall
be allowed by special permit in the RA3 and TC Districts, provided
that:
(a)
The minimum lot or parcel 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 a through Town
roadway other than a residential subdivision street.
(c)
All buildings, parking areas and outdoor activity
areas and other structures, except for authorized signage, associated
with the educational institution shall have a minimum setback of 100
feet from any property line and 300 feet from any neighboring residence.
(8)
Life care community. A life care community shall be
allowed by special permit in the RD10 District, provided that:
(a)
The life care community shall be developed and
maintained in accordance with a facility master plan prepared by the
facility sponsor and reviewed and approved by the Planning Board.
(b)
The life care community shall be sited on a
lot or parcel with a minimum land area of 150 acres.
(c)
(d)
Except in the instance of minimum lot or parcel
area, all uses incorporated within a life care community shall be
subject to the standards and requirements set forth within this chapter
with respect to such factors as location and intensity of buildings
and other improvements, dwelling unit or population density, as applicable
to the specific use, and availability of services for residents.
(9)
Membership club. A membership club shall be allowed
by special permit in the NC and TC Districts, provided that:
(a)
Minimum lot area shall be three acres.
(b)
No building or parking area shall be located
closer than 50 feet to any side or rear lot line or within 100 feet
of any residential property boundary.
(c)
Specific plans for public address systems and/or
lighting for outdoor recreation facilities shall be submitted to and
approved by the Planning Board, including the specific hours of operation
of such facilities.
(10)
Museum or library. A museum or library shall
be allowed by special permit in the RA5, RA3 and H Districts, provided
that minimum lot area shall be three acres except in the RA5 District
where a minimum of five acres shall be required.
(13)
Performing arts center. A performing arts center
shall be allowed by special permit in the TC District, provided that:
(a)
A facility designed for 500 or fewer persons
may be located on a site of a minimum of five acres. A facility with
a design capacity in excess of 500 persons shall have a minimum site
area of one acre for each additional 100 persons accommodated.
(b)
All buildings and other structures, parking
and outdoor activity areas, including amphitheater seating arrangements,
shall have a minimum setback of 150 feet from any residential property
line and 250 feet from any neighboring residence.
(c)
Access to the facility shall be directly from
a State highway.
E.
Nonresidential principal uses/retail, office, service
and entertainment uses and establishments.
(1)
Animal hospital. An animal hospital shall be allowed
by special permit in the RD10, RA5 and TC Districts, provided that:
(a)
The animal hospital shall be wholly enclosed
and maintain both the appearance and the building and design characteristics
of either a residential dwelling or a farm building.
(b)
The animal hospital shall be located on a single
lot with not less than the minimum lot area specified within the District
Schedule of Area and Bulk Regulations for the zoning district.
(c)
Access to the animal hospital shall occur directly
from a state or county highway or by a through Town roadway other
than a residential subdivision street.
(d)
The facility shall be suitably screened by intervening
landform and/or natural vegetation from neighboring residential properties.
All buildings and parking areas shall be set back at least 150 feet
from any residential property boundary.
(e)
The facility shall not make available on a routine
basis services for the boarding or breeding of cats, dogs or other
domestic pets and/or animals, with such services only available when
incidental to the ongoing medical or surgical treatment of such cats,
dogs or other domestic pets and/or animals.
(2)
Bed-and-breakfast establishment. A bed-and-breakfast
establishment with more than two guest rooms shall be allowed by special
permit in the RD10, RA5, RA3 and H Districts, provided that:
(a)
The bed-and-breakfast establishment shall be
created as a coprincipal use through the conversion of a portion of
an owner-occupied single-family dwelling.
(c)
The bed-and-breakfast establishment shall have
direct access to a state or county highway or on a through Town roadway,
other than a residential subdivision street. Such access shall be
via an individual driveway except where specifically authorized in
writing by all other users of a common driveway or private roadway.
(d)
Upon conversion of a portion of its floor area
for use as a bed-and-breakfast establishment, the residential dwelling
shall retain at least one bedroom for the exclusive use of the occupant(s)
of the principal dwelling unit to which the bed-and-breakfast establishment
is subordinate.
(e)
The bed-and-breakfast establishment shall neither
offer more than five rooms for rent for transient occupancy nor shall
the establishment accommodate more than 10 guests on any occasion.
(f)
The owner-operator of the bed-and-breakfast
establishment shall be a principal owner-occupant of the single-family
residential dwelling in which the guest rooms are located.
(g)
Approval has been granted by the Dutchess County
Health Department for sanitary sewage and water supply facilities,
including, as may be determined applicable by the Planning Board,
certification through either the Health Department or a licensed professional
engineer retained by the applicant that the existing on-site water
supply and sanitary sewage facilities are sufficient to accommodate
the additional demands of the bed-and-breakfast establishment on the
residential premises where such accessory use is proposed.
(h)
Other licensing requirements administered by
the County Health Department and applicable to bed-and-breakfast establishments
are satisfied.
(j)
As in the case of authorized home occupations,
a single identity sign not exceeding four square feet in total surface
area shall be permitted. Unless attached to the principal structure,
no such sign shall be located closer than 15 feet to the front property
line or 20 feet to any other property line.
(k)
In order to effectuate the conversion of a portion
of a residential dwelling to a bed-and-breakfast establishment, no
addition to the structure greater than 100 square feet in gross floor
area shall be authorized.
(3)
Boarding stable. A boarding stable shall be allowed
by special permit in any residential district, provided that:
(a)
The site shall have a minimum land area of 10
acres.
(b)
The total number of horses either boarded or
owned by the owner of the boarding stable shall not exceed one horse
per acre of land area devoted to the use.
(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)
Yard areas shall be landscaped and/or maintained
in agricultural use and natural screening shall be provided, where
necessary, to harmonize with the character of the neighborhood.
(e)
No fenced area, including exercise ring, nor
any manure storage area 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 water body, 150 feet of any well or spring providing
a source of potable water or within 200 feet of the nearest neighboring
residence.
(4)
Conference center. A conference center shall be allowed
by special permit in the RD10, RA5 and RA3 Districts, provided that:
(a)
The establishment of the conference center facilitates
the development of a parcel of not less than 100 acres in low-density,
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 wherever
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, stonewalls,
entrance gates and similar features shall be preserved whenever feasible.
[3]
New construction shall be sited so as to have
minimum impact of fields, meadows and woodlands. Major grading or
changing of topography shall not be permitted.
[4]
Unique natural areas and open spaces such as
streams, ponds, marshes, steeply sloped areas, woodlands, etc., shall
be preserved.
[5]
The maximum floor area of all conference center
facilities shall not exceed 5% of the land included in the project
proposal.
[6]
Access to the facility shall be from a state
or county highway or a through Town roadway other than a residential
subdivision street.
[7]
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.
[8]
Adequate water supply and sewage disposal facilities
shall be provided in accordance with the requirements of the Town
of Union Vale, the Dutchess County Department of Health, and the New
York State Departments of Health and Environmental Conservation.
[9]
While dining and lodging facilities for periods
of not more than seven calendar days may be provided as part of the
conference center facilities for the use and benefit of participants
in events at the conference center, no restaurant, tavern, nightclub,
hotel, motel or inn serving the general public shall be operated and
maintained upon the premises.
[10]
Any conference center allowed by special permit
in the TC District shall be subject to the above criteria, except
to the extent not applicable due to anticipated new construction,
and alternately be an integral part of a Planned Mixed Use Development.
(5)
Convenience store. A convenience store selling gasoline
in combination with a quick-stop retail food store shall be allowed
by special permit in the NC and TC Districts, provided that:
(a)
The maximum gross floor area shall be 2,000
square feet.
(b)
The maximum number of fuel dispensing nozzles
shall be 12.
(c)
The convenience store and its associated site
shall be designed and operated to ensure that each of the following
criteria is met:
[1]
An adequate number of parking spaces shall be
provided on site for customers making purchases at the retail store
but not buying gasoline. These parking spaces shall be located so
as to not interfere with safe entry and exit for motorists purchasing
gasoline.
[2]
Fuel pumps and associated canopy structures
shall meet the dimensional limitations, design standards and restrictions
as to number set forth below:
[a]
No fuel pump or associated canopy
structure shall either be located or otherwise project into a required
side or rear yard or either be located or otherwise project within
40 feet of the front property line in the NC District or within 60
feet of the front property line in the TC District.
[b]
No canopy structure shall exceed
48 feet in length, 30 feet in width or the minimum height necessary
to both accommodate vehicles in accordance with code requirements
for vertical vehicular clearance and provide for a pleasing roof design.
[c]
All canopy structures shall comply
with the following design parameters:
[i]
The design of the canopy structure
shall relate in form and the use of materials and color to the principal
structure(s) on the premises.
[ii]
The design of the canopy shall
include the use of natural finishes to the extent practicable in consideration
of building and fire code requirements and shall exclude the use of
reflective or glossy materials such as plastic, lacquers and shiny
materials.
[iii]
The design of the canopy shall
employ colors that are harmonious and blend in with the rural character
of the area.
[iv]
The design of the canopy shall
employ a nonilluminated fascia and shall display no advertising messages,
corporate logos or similar features on such fascia.
[v]
The design of the canopy shall
include recessed lighting arranged and shielded so as to reflect light
downward with the direct sources of such illumination not visible
from any public street or roadway or adjoining property. The lighting
provided shall not exceed a footcandle rating of 30 footcandles on
a horizontal plane three feet above the ground at any location beneath
the canopy.
[vi]
The design of the canopy structure
shall accommodate concealed fire protection and suppression equipment
in accordance with the New York State Uniform Fire Prevention and
Building Code and pertinent NYSDEC and NFPA requirements.
[d]
Not more than one canopy structure
shall be located on any convenience store, or other gasoline service,
premises.
[e]
In order to maintain the neat and
orderly appearance of the site, the following requirements shall be
met:
[i]
An enclosed and suitably screened
trash dumpster shall be provided for use by store employees and other
appropriate trash receptacles provided on the premises for use by
customers.
[ii]
All rooftop heating/ventilating/air
conditioning or refrigeration units shall be directed away from adjacent
residential properties.
[iii]
There shall be no outdoor display
of merchandise.
[iv]
All vending machines shall be
located within the building.
[f]
The convenience store shall in addition meet all applicable standards otherwise stated for gasoline station or automobile service facilities set forth in below § 210-56E(6) of this article.
(6)
Gasoline station; automobile service facility; public
or commercial garage. A gasoline station, automobile service facility,
or public or commercial garage shall be allowed by special permit
in the NC and TC Districts, provided that:
(a)
No such establishment shall be located within
200 feet of any school, church, public library, theatre, park, playground
or other public gathering place designed for occupation by more than
50 people.
(b)
The area for use by motor vehicles, including
storage, except access drives thereto, as well as any structures,
shall not encroach on any required yard area.
(c)
All fuel pumps and associated canopy structures shall comply with both the limitations as to number and the location and design requirements otherwise set forth in above § 210-56E(5) of this article for convenience stores.
(d)
Entrance and exit drives shall total not 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 not less than 15
feet to any side or rear lot line.
(e)
Gasoline or flammable oils in bulk shall be
stored fully underground, in accordance with New York State Environmental
Conservation Law Part 614 Regulations, as administered by NYSDEC,
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 fully enclosed
on all sides, not to be construed as meaning that the doors on any
repair shop must be closed at all times.
(g)
No inoperative motor vehicle shall be kept on
the premises for longer than 14 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
and shall not be within the required front yard.
(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.
(7)
Hotel or motel. A hotel or motel shall be allowed
by special permit in the TC District, provided that:
(a)
The minimum lot area shall be three acres for
the first 16 guest rooms, plus an additional 4,000 square feet of
lot area for each additional guest room provided.
(b)
Accessory uses to the hotel or motel development
shall be limited to the following:
[1]
Meeting rooms.
[2]
Restaurant and dining facilities serving either
guests exclusively or the general public, provided however in the
latter instance that additional on-site parking is provided.
[3]
Recreational facilities, such as swimming pools
and tennis courts.
[4]
Small personal service/retail shops fully within
the hotel or motel and selling newspapers, magazines, small gifts
and similar items.
[5]
One accessory resident apartment.
(8)
Inn. An inn shall be allowed by special permit in
the RD10, RA5 and RA3 Districts, provided that:
(a)
The inn shall be limited to a maximum of 10
guest rooms.
(b)
The inn may provide dining facilities open to
both guests and the general public as an accessory use. The total
number of seats in its dining room, its outdoor dining areas and its
lounge, if any, shall however not exceed 30 seats.
(d)
The inn shall be established through the adaptive
reuse of either a residential or nonresidential structure existing
on May 30, 2002.
(e)
The minimum lot area shall be 20 acres in either
the RD10 or RA5 District and 10 acres in the RA3 District.
(f)
Access to the facility shall be provided from
a state or county highway or a through Town roadway other than a residential
subdivision street.
(g)
Adequate water supply and sanitary sewage disposal
facilities shall be provided in accordance with the requirements of
the Town of Union Vale, the Dutchess County Health Department and
the New York State Departments of Health and Environmental Conservation.
(h)
No parking area or other improvement associated
with the facility shall be located within 100 feet of any property
line in the RD10 District or within 75 feet of any property line in
the RA5 or RA3 Districts, or such greater distance as may be prescribed
within the District Schedule of Area and Bulk Regulations. Screening
shall be provided by intervening landform and/or vegetation to reduce
visual and other impact on neighboring residential properties.
(9)
Office building. An office building shall be allowed
by special permit in the Airport (A) District, provided that the office
building, whether as a separate use or in combination with an authorized
trade shop or light manufacturing use, consists of not more than 10,000
square feet of gross floor area.
(10)
Office park. An office park shall be allowed
by special permit in the TC District, provided that:
(a)
The overall project site is a minimum of 12
contiguous acres. Any individual lot created within an approved office
park development shall be not less than one acre.
(b)
The land proposed as an office park 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, shall be jointly binding on all owners.
(c)
An overall master plan, including appropriate
material and design guidelines, shall be presented for facility-wide
lot configuration, access, building, parking, utilities, storm water
management, landscaping, signage and other improvements, including
their integration to the extent practicable with development either
existing or potential on adjacent TC District lands. The overall plan
shall also describe by location and square footage the intended mix
of permissible office, personal service and business service establishments.
(d)
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 Article V, § 210-26, of this chapter, serve as the basis for the Code Enforcement Officer's consideration of subsequent applications for the issuance of individual sign permits within the office park.
(e)
To the extent deemed appropriate by the Planning Board, the overall master plan may provide for a reduction in whole or in part of internal setbacks between uses within the office park to provide opportunity for modified building and parking configuration such as envisioned by the Town Master Plan, County Directions and Greenway Connections documents cited at Article I, § 210-3, of this chapter, including zero lot line buildings and joint parking areas.
(f)
Adequate central water supply and common sewage
facilities shall be provided in accordance with the requirements of
the Town of Union Vale, the Dutchess County Health Department and
the New York State Departments of Health and Environmental Conservation.
(g)
Not less than 40% of the total acreage within
the office park shall be comprised of suitable landscaped and maintained
open areas distributed throughout the site in accordance with sound
site planning practices.
(h)
Proper provision shall be made for the long-term
ownership and maintenance of open space and associated landscaping,
parking areas, accessways, water supply and sanitary sewage facilities,
signage, lighting and other features appurtenant to the office park
development.
(i)
A written statement shall be provided indicating
intent as to final ownership, including plans for rental, cooperative,
condominium, fee simple sale or some combination thereof. The statement
should include consideration of the proposed ownership and maintenance
plan for the open space areas and other improvements, as cited above.
(j)
A proposed development schedule shall be submitted
indicating anticipated occupancy dates for the start and completion
of construction and occupancy of the one or several phases of the
office park development, most particularly including a schedule for
the installation of project-wide infrastructure.
(k)
A separate special use permit shall not be required for the establishment of individual uses within an office park once a special permit has been issued by the Planning Board for the office park development in its entirety, provided that such uses are consistent with the office park master plan which accompanied the special use 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 other land alteration or building construction within the office park or upon 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 additionally be required pursuant to Chapter 192, Subdivision of Land.
(11)
Restaurant, fast-food or drive-in facility.
A fast-food or drive-in restaurant shall be allowed by special permit
in the TC District, provided that:
(a)
The standard design package for any franchise
facility shall be subject to modification so as to comply with the
architectural and site plan preferences of the Town of Union Vale
so as to achieve the community's land use and design objectives as
set forth in the Town Master Plan and embodied in this chapter.
(b)
Vehicle stacking lanes for drive-in service
shall be adequate so that adjacent pedestrian and vehicular ways will
not be obstructed and that the safety of both pedestrians and motorists
can be assured.
(c)
The inclusion of accessory recreational facilities
and similar amusement areas, including tot lots, video games, and
the like, as part of the restaurant shall be strictly prohibited.
(d)
Hours of operation shall be reviewed and approved
by the Planning Board so as to be compatible with adjacent business
and residential areas and to avoid the creation of any nuisance condition.
(e)
No fast-food or drive-in restaurant shall be
located within 1,500 feet of another fast-food or drive-in restaurant.
(12)
Riding academy. A riding academy shall be allowed
by special permit in the RD10, RA5, RA3 and TC Districts, provided
that:
(a)
The minimum lot or parcel area shall be 20 acres.
(b)
The maximum number of horses permitted shall
be limited to the keeping of one horse per acre of lot or parcel area
devoted to the riding academy use.
(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)
Yard areas shall be landscaped and/or maintained
in agricultural use and natural screening shall be provided, where
necessary, to harmonize with the character of the neighborhood.
(e)
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 water body, within
150 feet of any well or spring providing a source of potable water
or within 200 feet of the nearest neighboring residence.
(13)
Shopping center. A shopping center, as defined within Article XII, § 210-86A, of this chapter, shall be allowed by special permit in the TC District, provided that:
(a)
The overall project site shall be a minimum
of eight contiguous acres. Any individual lots, or "out parcels,"
created within the shopping center shall be not less than one acre
in land 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, shall be jointly binding on all owners.
(c)
The maximum combined gross floor area of all
retail, personal service and business service establishments within
a shopping center shall be 80,000 square feet. The above notwithstanding,
no individual use, occupancy or establishment within a shopping center
shall exceed 40,000 square feet in gross floor area.
(d)
An overall master plan, including appropriate
material and design guidelines, shall be presented for facility-wide
access, building, parking, utilities, storm water management, landscaping,
signage and other improvements, including their integration to the
extent practicable with development either existing or potential on
adjacent TC District lands. 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.
(e)
A program shall also be defined for the allocation of total permissible signage among the various shopping center tenants and occupancies. Said schedule shall, in combination with the standards set forth in Article V, § 210-26, of this chapter, serve as the basis for the Code Enforcement Officer's consideration of subsequent applications for the issuance of individual sign permits within the shopping center.
(f)
To the extent deemed appropriate by the Planning Board, the overall master plan may provide for a reduction in whole or in part of internal setbacks between uses within the overall shopping center to provide opportunity for modified building and parking configuration such as envisioned by the Town Master Plan, County Directions and Greenway Connections documents cited at Article I, § 210-3, of this chapter, including zero lot line buildings and joint parking areas.
(g)
Adequate water supply and sewage disposal facilities
shall be provided in accordance with the requirements of the Town
of Union Vale, the Dutchess County Health Department and the New York
State Departments of Health and Environmental Conservation.
(h)
Proper provision shall be made for the long-term
ownership and maintenance of open space and associated landscaping,
parking areas, access ways, water supply and sanitary sewage disposal
facilities, signage, lighting and other features appurtenant to the
shopping center development.
(j)
Off-street parking spaces shall be provided at the rate of 5 1/2 spaces per 1,000 square feet of gross floor area for any shopping center development with total gross floor area in excess of 50,000 square feet, and no individual use in excess of 25,000 square feet in gross floor area. In all other cases, parking requirements shall be calculated and parking provided in accordance with the parking schedule and related standards set forth in Article V, § 210-25, of this chapter.
(k)
A proposed development schedule shall be submitted
indicating anticipated dates for the start and completion of construction
of the overall shopping center development or the proposed phases
thereof.
(l)
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 development in its entirety, provided that such uses are consistent with the shopping center master plan which accompanied the application for special use permit, 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 "out parcel," 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 additionally be required pursuant to Chapter 192, Subdivision of Land.
(14)
Veterinarian's office. A veterinarian's office
shall be allowed by special permit in the RD10, RA5, NC and TC Districts,
provided that:
(15)
Commercial nursery. A commercial nursery shall
be allowed by special permit in the NC and TC Districts, provided
that
[Added 4-3-2003 by L.L. No. 2-2003]
(a)
If located within the NC District, the establishment
shall be limited to a maximum land area of three acres.
(b)
If located within the NC District, there shall
be neither any structures, except for permitted fences or walls, nor
any service areas, equipment or other storage areas or any display
of nursery stock, landscaping materials or any other commodity intended
for either sale on the premises or use at a customer's property, except
for design display areas that may be authorized by the Planning Board
during the site plan review and approval process, within either 30
feet of a front or rear property line or 15 feet of a side property
line.
(16)
Kennel. A kennel shall be allowed by special permit in the RD10 District,
provided that:
[Added 3-11-2010 by L.L. No. 12-2010]
F.
Nonresidential principal uses/commercial, light industrial
and transportation uses and establishments.
(1)
Airport-related uses. Airport-related uses, to the extent such uses are specifically listed at Article V, § 210-47B, of this chapter, shall be allowed by special permit in the A District, provided that:
(2)
Communication tower. A communication tower or other personal wireless service facility shall be allowed by special permit in the RD10 District, provided that the specific standards, application requirements, and related administrative provisions set forth in § 210-57 of this article and chapter are met.
(3)
Equipment rental and/or sales. Equipment rental and/or
sales shall be allowed by special permit in the TC District, provided
that:
(a)
There be no outdoor display of equipment, whether
available for rental or sale or otherwise located on the premises,
within 25 feet of any side or rear property line or beyond any portion
of the property approved for said purpose on the site plan reviewed
and approved by the Planning Board which location(s) shall be adequately
screened in the opinion of the Board by either intervening landform
and/or natural vegetation from neighboring uses and public rights-of-way.
(b)
To the extent any outdoor display of equipment may be authorized within the required front yard as established pursuant to the District Schedule of Area and Bulk Regulations found at Article IV, § 210-11, of this chapter, such display shall be limited the display within a suitably landscaped area of equipment available for either rental of sale, which display area shall be limited to a land area occupying not more than 10% of the front yard and situate not less than 40 feet from any public right-of-way.
(4)
Extractive operation, including soil mining. An extractive
operation, including soil mining, shall be allowed in the RD10, RA5,
RA3, R1.5 and R1 Districts, provided that:
(a)
The applicant demonstrates that contact has
been established with the New York State Department of Environmental
Conservation regarding the proposed extraction use and activity and
that the intended use and activity shall comply fully with all applicable
provisions of the New York State Mined Land Reclamation Law, Article
23, Title 27 of the Environmental Conservation Law, and related 6
NYCRR Parts 420 through 426, and other State and federal regulations
controlling mining activity.
(b)
A time schedule for completion of both the entire
operation or, if the commercial extraction is to occur in phases,
of each phase of the operation is submitted for the Planning Board's
information.
(c)
An operations plan, including the number and
type of trucks and other machinery to be used at the site, including
their respective noise levels, is submitted for the Planning Board's
information.
(d)
An overall mining location plan is submitted
for the Planning Board's approval, with it required that said plan
be designed to ensure the following criteria are met:
[1]
Mining.
[a]
The top and base of slope shall
not be nearer than 100 feet to any right-of-way line of a public or
private street or highway nor nearer than 200 feet to any property
line, except in instances where greater proximity is required to carry
out the intended rehabilitation plan and such greater proximity is
both approved in writing by the owner or owners of the adjacent property
and found acceptable by the Planning Board.
[b]
The above notwithstanding, to the
extent that such rehabilitation plan involves the restoration of the
mining site for either a conservation pond or agricultural purposes
within a period of five years from the time of the initiation of the
mining activity, or within such additional period as the Planning
Board may deem reasonable, approval of the owner or owners of the
adjacent property shall not be required provided a minimum setback
of 100 feet from the property boundary is maintained.
[2]
That earthen berming, seeded and planted, the
introduction of natural vegetation, the retention of existing vegetation
and/or fencing shall be provided where deemed necessary by the Planning
Board for either aesthetic purposes or to protect public health and
safety
(e)
Rehabilitation plan.
[1]
A progressive restoration and rehabilitation
plan depicting both existing contours and proposed final contours
after the entire operation, or any applicable phase thereof, is completed
is submitted for the Planning Board's approval.
[2]
The rehabilitation plan shall be based on NYSDEC
mining site rehabilitation criteria and such stricter guidelines and
criteria that may be promulgated by the Town of Union Vale and include
consideration of appropriate grading, management of storm water runoff,
and seeding, planting and revegetation to prevent erosion, unsightliness
and other detrimental impact on neighboring properties. The rehabilitation
plan shall not include the deposition of either sanitary wastes or
construction and demolition debris.
(f)
A performance guaranty (performance bond or
escrow deposit) is provided to ensure both rehabilitation of the site
in accordance with said rehabilitation plan, or applicable portion
thereof, and necessary repairs that may be required to the Town highway
network to address damage incurred as a result of mining operations,
with this performance guaranty to be in an amount and form satisfactory
to the Town Attorney and the Town Board, with recommendation thereon
provided by the Planning Board and the Town Engineer. This performance
guaranty may be either in an amount supplemental to or for duration
extending beyond any performance guaranty required by the New York
State Department of Environmental Conservation. The amount of said
performance guaranty, although established on a case-by-case basis,
shall be within a range specified in the fee schedule established
and annually reviewed by the Town Board.
(g)
Conditions for ingress and egress to the mine
site from the State, County or Town highway have been reviewed and
deemed safe and adequate by the appropriate jurisdiction, i.e., the
New York State Department of Transportation, the Dutchess County Department
of Public Works or the Town Highway Superintendent, respectively.
(h)
The intended routing of commercial vehicles
associated with the extractive operation on any Town roads has been
reviewed and approved by the Town Highway Superintendent, with routing
through established residential areas discouraged to the extent practicable.
(i)
The right of the Town to enforce or to cause
the enforcement of mining permit requirements established by the New
York State Department of Environmental Conservation is acknowledged
by the applicant, with such requirements including but not limited
to:
(j)
The right of the Town to enforce or to cause
enforcement of the reclamation requirements imposed by NYSDEC through
the mining permit is acknowledged by the applicant.
(k)
Special use permit.
[1]
The special use permit shall be limited to a
period of three years, which time limit is not to be construed however
as limiting the applicant's submission of subsequent requests for
new or renewed permits.
[2]
The above limitation notwithstanding, the Planning
Board may authorize the special use permit for a period of up to 42
calendar months to provide that the termination date of any special
permit issued by the Town of Union Vale shall be coincident with the
termination date of any mining permit issued by NYSDEC.
(l)
Should however the commercial extraction be
projected to occur over more than a single special use permit term
of between 36 and 42 calendar months as above provided, supplemental
information shall be submitted as part of the application identifying
the extent of extraction that will occur within the initial permit
period and the extent of land area that will either have been rehabilitated
or will be ready for rehabilitation at the close of the initial permit
period.
(6)
Light industry or manufacturing. Light industry or
manufacturing, including associated office and storage facilities,
shall be allowed by special permit in the A District, provided that:
[Amended 3-11-2010 by L.L. No. 12-2010]
(b)
The use is determined by the Planning Board to be consistent with the general performance standards set forth at § 210-24 of this chapter and found to both comply with all other pertinent use and development standards established by this chapter and related laws, codes, rules and regulations administered either by the Town, county, state or federal agencies of jurisdiction and be deemed suitable for the site without threat to public health or safety, loss of natural resources or diminution of real property values.
G.
Nonresidential accessory uses.
(1)
Accessory dwelling unit incidental to permitted business
or institutional use. An accessory dwelling unit incidental to a permitted
business or institutional use shall be allowed by special permit in
all zoning districts, except A, provided that:
(a)
The explicit written approval of the Town Code
Enforcement Officer shall be obtained for the design, location, access
and other safety-related elements of such dwelling unit in accordance
with the applicable requirements of the New York State Uniform Fire
Prevention and Building Code. No such dwelling unit shall be permitted
on a second floor or other upper floor wholly or partially above a
gasoline station, a store retailing flammable or fume-producing goods,
a restaurant or any other place of business with a commercial kitchen,
or other facilities producing intense heat.
(b)
The habitable floor area of such dwelling unit
shall be at least 750 square feet. The dwelling unit shall contain
all services for safe and convenient habitation, meeting the applicable
requirements of the New York State Uniform Fire Prevention and Building
Code, and shall be served by water supply and sanitary sewage facilities
acceptable to the Town of Union Vale and the Dutchess County Health
Department.
(c)
There shall be no more than one such dwelling
unit created or maintained in a single building or on a single premise.
(d)
The dwelling unit shall have a separate access
to the outside of the building, which must be distinct from any exterior
access to the business or institutional use.
(f)
A suitably landscaped, private outdoor open
space of not less than 6,000 square feet shall be maintained for the
use and beneficial enjoyment of the residents of the dwelling unit.
(g)
Neither the dwelling unit nor any proprietary
or other interest therein shall be sold to the tenant or any other
party except as part of the sale of the entire building in which the
dwelling unit is situated or of the premises in which such dwelling
unit is located.
(4)
Accessory uses to golf course and/or country club.
The below uses accessory to a golf course and/or country club development
shall be allowed by special permit within the RD10, RA5 and RA3 Districts,
provided that:
(a)
The use is accessory to a golf course that is
a regulation, minimum eighteen-hole facility open for play by the
public and occupying a parcel of not less than 150 acres.
(b)
The use is wholly managed and operated by the
owner of the golf course and its employees and is neither managed
nor operated on a concession basis.
(c)
Except for occasional use of a tent or similar
portable shelter to serve those attending a golf-related event, all
activities associated with the use, including the conduct of all catered
affairs, are conducted within the clubhouse or on its adjacent terrace
and patio areas.
(d)
No lodging accommodations may be provided on
the golf course property in association with any of the components
of the special permit use.
(e)
To the extent authorization of any special permit
use causes the golf course property to be illuminated at times that
would not be associated with golf course operations, such lighting
shall be provided only to the minimum extent necessary to meet public
health and safety requirements and shall be shut down to the minimum
level necessary for security purposes within 30 minutes of the closing
of the public restaurant or the end of a catered banquet, meeting
or other event.
(f)
To the extent authorization of the special permit
use causes a desire by the golf course owner for additional signage,
any such message shall be incorporated within the signage otherwise
authorized by type, number and square footage for the golf course.
(g)
To the extent a public restaurant is included
as one of the components of the special permit use, the following
shall apply:
[1]
Year-round operations may be authorized but
shall be restricted to the hours of 11 a.m. through 10 p.m.
[2]
Musical entertainment shall be restricted to
a single piano player, vocalist or like performer who may entertain
dinner guests but not within a nightclub atmosphere or in a situation
where a cover charge is imposed.
[3]
Adequate parking shall be provided for the patrons
and employees of the restaurant with the Planning Board authorized
to take into account to the extent it deems practicable joint use
of parking spaces that may not be required for golf course operations
during the hours of operation of the restaurant with due consideration
to any simultaneous catered banquet, meeting or other event.
[4]
Occupancy standards as established pursuant
to the New York State Uniform Fire Prevention and Building Code, the
Americans with Disabilities Act (ADA) and/or Health Department requirements
regarding food service and other operations shall be met.
(h)
To the extent that catering services for banquets,
weddings and similar gatherings are included as one of the components
of the special permit use, the following shall apply:
[1]
Year-round operations may be authorized but
shall be restricted to Friday, Saturday and Sunday between the hours
of 12 noon and 12 midnight.
[2]
Musical entertainment, both as authorized for
the public restaurant and including bands, may be provided for guests,
however strict consideration shall be afforded to the maintenance
of ambient outdoor noise levels at both the property boundaries and
at the various golf course greens.
[3]
Adequate parking shall be provided for the guests
of the catered event and those employed in support of the event with
the Planning Board authorized to take into account to the extent it
deems practicable joint use of parking spaces that may not be required
for golf course, public restaurant or other operations during the
time of catered events.
[4]
Occupancy standards as established pursuant
to the New York State Uniform Fire Prevention and Building Code, ADA
and/or Health Department requirements regarding food service operations
shall be met.
(i)
To the extent golf course facilities are made
available as one of the components of the special permit use for the
conduct of meetings, business trade shows, seminars and similar events
by public or private sector sponsors, both profit and not-for-profit,
the following shall apply:
[1]
Year-round daily operations may be authorized
but shall be restricted to the hours of 8 a.m. through 10 p.m.
[2]
Any such event must be open exclusively to an
invited list of guests and must include the serving of not less than
a continental breakfast or one or more fuller meals.
[3]
Adequate parking as determined by the Planning
Board in consideration of the above-stated parameters shall be provided
to accommodate the parking requirements for attendees and support
staff associated with any such meeting, business trade show, seminar
or similar event.
[4]
Occupancy standards and other requirements as
stated above for public restaurant and catered events shall be met
to the extent applicable.
(j)
Any special use permit issued for such use shall
be limited in the instance of the first permit to a time period of
three calendar years and include provision for periodic monitoring
of the use by the Code Enforcement Officer for conformity with the
above standards, and any other mitigating conditions that may be imposed
by the Planning Board upon consideration of the specific circumstances
associated with the application for special use permit. Reports submitted
to the Planning Board not less than annually by the Code Enforcement
Officer shall be required and shall be taken into consideration at
the time of request for renewal of the special use permit.
(5)
Wind
energy system. Windmills, wind turbines or similar components of a
wind energy system shall be allowed by special permit in the TC and
A Districts, provided that:
[Added 3-11-2010 by L.L. No. 12-2010]
(a)
The wind energy system shall be incidental to and fully located on
the same parcel as the residential, institutional, commercial, or
other permitted principal use that will exclusively derive all or
some portion of its energy supply from the wind source.
(b)
No component of the wind energy system shall extend more than 80
feet above naturally occurring grade as measured from either the base
of the windmill or other facility or at grade level of the building
to which it is attached.
(c)
No component of the wind energy system shall be located within 100
feet of a public or private roadway or property boundary.
(6)
Ground-mounted solar systems. Accessory ground-mounted solar systems
shall be allowed by special permit in all commercial districts, provided
that:
[Added 10-6-2016 by L.L.
No. 3-2016]
(a)
Ground-mounted solar systems shall not be permitted in a front
yard or within the area between the front wall of a commercial structure
and the front property line, whichever is greater.
(b)
Ground-mounted solar systems shall comply with the side and
rear yard requirements of the zoning district in which the property
is located.
(c)
Ground-mounted solar systems shall not exceed the area dimensions
of the principal structure located on the parcel.
(d)
Ground-mounted solar systems shall not exceed 12 feet in height.
(e)
Site plan approval is required.
(f)
The Planning Board is authorized to require landscaping and/or
fencing or a combination of both around the portion of the system
between the panels and the ground to offset visual impacts to adjacent
properties and roads. Plantings should consist of deciduous or evergreen
plantings in order to achieve year-round screening.
(g)
General placement of ground-mounted solar systems should be
done in a manner which maximizes distance from adjacent properties
to ensure that the installation does not seek to minimize impact to
the applicant at the expense of adjacent properties. The Planning
Board has authority to increase the setback requirements to accomplish
this goal.
(h)
Lot coverage. The surface area of a ground-mounted solar system
shall be included in lot coverage and impervious surface calculations.
A.
Specific standards. The Town Planning Board shall
apply the specific standards set forth below in its consideration
of any application for special permit for a communication (personal
wireless service) facility or tower:
(1)
Shared use.
(a)
Shared use of existing communication towers
or the use of other existing structures shall be preferred to the
erection or construction of new towers.
(b)
Where shared use of an existing communication
tower or other existing structure is a technologically feasible alternative,
the applicant may be denied a special permit for erection or construction
of a new tower.
(c)
Determination of feasibility.
[2]
This assessment shall include consideration
of all of the following:
[a]
Work that may be required to adapt
the communication tower to shared use, including structural reinforcement,
preventing transmission or receiver interference, site landscaping
and other physical changes that may be required to the tower and/or
its site.
[b]
Initial expenses involved in entering
into a lease or similar agreement to accommodate shared use or acquiring
another site for a new communication tower.
[c]
Costs of maintaining either the
shared use location or new communication tower.
[3]
For the purposes of this determination, the
total costs over a span of some five to 10 years associated with the
shared use alternative shall be considered unreasonable if such costs
exceed by more than 10% the costs of an otherwise proposed new communication
tower at the same or another site.
(2)
Compatibility with Federal Aviation Administration
(FAA) navigational aids. The applicant must demonstrate that the proposed
communication (personal wireless service) facility or tower will not
interfere in any way with in-place VOR radio beacon navigational aids
for aircraft, particularly in consideration of the location of Sky
Acres Airport within the Town of Union Vale.
(3)
Site requirements: area and bulk standards.
(a)
Minimum lot area.
[1]
The minimum lot area shall be 10 acres.
[2]
The above notwithstanding, depending upon the
configuration of the site and its relationship to neighboring properties,
a site in excess of the minimum lot area may be required to ensure
the protection of public health, safety and welfare through both substantial
setback from neighboring properties, with special consideration given
to properties on which preexisting residential dwellings are located,
and proper visual screening of the proposed communication facility
or tower from these properties.
(b)
Minimum setbacks.
[1]
In order to achieve the above-stated objectives,
the minimum setback of a communication tower shall be 250 feet from
any adjoining property line and 500 feet from any existing residential
dwelling. In addition, the minimum separation of any structure or
facility appurtenant to the tower shall be not less than 50% of the
required tower setback.
[2]
The above notwithstanding, in no event may the
minimum setback of any new tower from any property line and/or vegetative
screening be less than the sum of the height of the communication
tower to be erected and an additional 30 feet.
[3]
This minimum setback distance shall apply to
all communication tower components, including guy wires, guy wire
anchors and accessory or appurtenant facilities.
(4)
Site requirements: design standards.
(a)
Ability to accommodate shared use. Any new communication
tower or major modification of an existing tower shall be designed
so as to be structurally capable of accommodating shared use.
(b)
Tower lighting. In addition to any beacon light,
other type of illumination or warning device, if any, required by
the FAA, any communication tower erected within the Town of Union
Vale shall be equipped with a beacon light if deemed necessary by
the Planning Board due to the proximity of the tower to the Sky Acres
Airport or to movement of aircraft passing over elevated portions
of the Town such as the ridge of West Clove Mountain.
(c)
Scale and appearance.
[1]
No communication tower or attachments thereto
shall exceed 150 feet in height.
[2]
The above provisions regarding height and lighting
notwithstanding, any communication tower shall be sited and designed
to be the minimum height necessary to fulfill its function and to
avoid, whenever possible, compliance with additional FAA lighting
and marking requirements based on tower height and location.
[3]
Except as required by the FAA, no communication
tower shall be painted in a color or colors not in harmony with its
natural and man-made surroundings. In general, an unpainted galvanized
tower is preferred, with light blue and light gray acceptable if painting
of the tower is proposed.
[4]
No communication tower shall support any advertising
messages or other commercial signs. non-ionizing warning signs and
other signs necessary to meet the legal requirements of the applicant's
Federal Communications Commission (FCC) license to operate shall be
permitted.
[5]
A chain link fence not less than eight feet
in height with locking gate(s) shall be installed to fully surround
the base of any communication tower, including all of its components
and any accessory buildings or other appurtenant facilities and improvements
on the tower site.
[6]
All communication towers and accessory buildings
or other appurtenant facilities and improvements shall be sited to
minimize any adverse visual effect on the environment. Accessory buildings
or other facilities shall employ building materials, colors and textures
that are both durable and selected to blend with the natural surroundings.
[7]
Vegetation.
[a]
Existing on-site vegetation shall
be preserved to the maximum extent practicable to both mitigate the
visual impact of the communication tower and related buildings and
facilities and maintain the stability of soils within the project
site.
[b]
No cutting of trees exceeding four
inches in diameter at breast height shall take place except as may
be expressly authorized by the Planning Board as part of its issuance
of a special permit and grant of site plan approval.
[8]
Construction of access road.
[a]
Adequate access to, and parking
at, the communication tower site shall be provided for both service
and emergency vehicles, with maximum use made of existing roadways,
either public or private.
[b]
Any access road shall be improved and maintained at not less than the design standards for a common driveway, as set by the Town of Union Vale within Town Code Chapter A215, Street Specifications, including in particular Figure A as set forth therein.
[c]
Moreover, to the extent practicable,
any roadway construction required to access a tower site shall be
carried out in a manner that minimizes disturbance to the land, generally
limiting grading and the cutting of vegetation to the more restrictive
of the following: either the toe-of-slope in fill sections or the
top-of-slope in cut sections, or a distance of 10 feet beyond the
edge of the required twenty-foot wide cartway.
[d]
In order to meet the above criteria,
and otherwise both minimize adverse visual impact and reduce soil
erosion potential, any access road shall closely follow natural contours.
[9]
Maintenance of access road. As a condition of
the special permit and as a requisite for maintaining a certificate
of occupancy and/or certificate of compliance once issued, any access
roadway shall be maintained throughout the useful life of the communication
tower site in a workmanlike manner, including as pertinent the plowing
of snow, periodic trimming of vegetation that may obstruct the cartway,
and undertaking of repairs in a timely manner to address any roadway
defects, drainage problems, erosion conditions or other circumstances
that may develop, so as to ensure the roadway is at all times in a
safe and passable condition for both service and emergency vehicles.
B.
Application requirements. In addition to the more generic requirements otherwise set forth within § 210-59 of this article and chapter, all applications for issuance of a special permit and/or grant of site plan approval for a communication (personal wireless service) facility or tower shall be accompanied by maps, reports and other data presenting to the extent pertinent the following information:
(1)
An existing site conditions map depicting the following:
(a)
The location of all structures and other improvements
within the project site and all structures and above-grade improvements
on adjacent properties and located within 50 feet of the boundaries
of the project site.
(b)
The location, type. Approximate height and mass
of all trees within the project site and within 100 feet of its boundaries.
(c)
The topography of the project site and adjacent
property within 100 feet thereof, based on either field survey or,
where field survey information is not available, interpretation of
United States Geological Survey (USGS) data.
(2)
Manufacturer's data regarding the proposed communication
(personal wireless service) facility or tower including but not limited
to the following:
(a)
Make and model of the communication tower to
be erected or the equipment to be installed.
(b)
Design data, installation instructions and construction
plan.
(c)
Identification of the cumulative levels of radiation
emitted by or from both the communication tower and its appurtenant
facilities and all other communication towers and facilities located
within 1,000 feet thereof. This data shall specifically include:
(d)
Identification of the effects siting and operation
of the communication tower and its appurtenant facilities will have
on existing communication towers, antennas or other electromagnetic
devices within 1,000 feet of the proposed installation.
(3)
Proposed communication tower maintenance and inspection
procedures and records system, including demonstration of how initial
and continuing compliance with FCC and FAA standards will occur. A
copy of each report filed with the FCC or FAA to comply with these
standards shall be simultaneously filed with the Town Code Enforcement
Officer and each such report shall be certified to be true, complete
and accurate or otherwise subject to applicable penalty of law.
(4)
A communication tower siting report shall also be
submitted with regard to any proposed new tower. The report shall
document the following:
(a)
In accordance with above § 210-57A(1) of this article, good faith efforts to secure shared capacity from existing towers as well as capacity for future shared use of the proposed communication tower. The former demonstration shall include at least the following:
[1]
Inventory of existing communication towers within
a reasonable distance of the proposed site.
[2]
Identification of opportunities for shared use
of existing towers as an alternative to erection of a new communication
tower.
[3]
Copies of written requests made to, and responses
received from, the owners of existing communication towers regarding
shared use of their towers.
(b)
A technical and visual impact analysis of other
alternatives to the proposed communication tower at the location intended,
including at least the following:
(c)
Alternative designs for the communication tower,
or rerad, including those that minimize adverse visual impact by using
nontraditional design elements to blend more effectively with the
natural and/or man-made surroundings.
(5)
A compliance report on non-ionizing electromagnetic
radiation (NIER) prepared by a qualified engineer and/or health physicist
setting forth calculations regarding the maximum amount on non-ionizing
electromagnetic radiation which will be emitted from the communication
(personal wireless service) facility or tower and demonstrating compliance
with the applicable NIER standards set forth below:
(6)
A completed visual assessment form (EAF Visual Addendum)
as part of the initial State Environmental Quality Review Act (SEQRA)
submission. Upon its evaluation of the information provided by the
Visual Addendum, the Planning Board may scope and require the submission
of a more detailed visual assessment and analysis.
(7)
Landscaping; buffering and screening.
(a)
A detailed landscape plan addressing through
initial and continuing maintenance of existing vegetation and the
installation of new plantings the visibility of the communication
(personal wireless service) facility or tower from adjacent properties
and from other key viewing points identified during the visual assessment
and analysis, including to the extent pertinent locations both within
the Town and beyond its borders.
(b)
With regard to mitigation of visual impact on
immediately adjacent and other neighboring properties, not less than
the planting or retention of native evergreen species capable of forming
a continuous natural barrier at least 10 feet in height within 24
calendar months of communication tower construction shall be provided
to effectively screen the tower base and accessory facilities from
such properties.
(8)
As part of the submission and as a condition precedent
to the issuance of any special permit by the Planning Board for a
communication (personal wireless service) facility or tower, either
the applicant or both the applicant and the landowner should the applicant
not be the landowner shall specifically recite and acknowledge in
writing the provision of each of below § 210-57(C)(1) through
(5) of this article.
C.
Procedural and administrative matters.
(1)
Evaluation by independent consultants. Upon submission
of an application for special permit for a communication (personal
wireless service) facility or tower, the Planning Board may retain
an independent consultant, as a reasonable rate to be paid by the
applicant, to assist the Planning Board and its usual consultants,
the Town Planning Consultant and the Town Engineer, in technical review
of the application. The consultant shall be a qualified professional
in one or more of the following fields: telecommunications engineering,
structural engineering, monitoring of electromagnetic fields, or other
relevant field deemed essential by the Planning Board.
(2)
Required inspections. Any communication (personal
wireless service) tower erected within the Town of Union Vale shall
be subject to the below structural inspection requirements:
(a)
Biannual inspection; report.
[1]
The applicant, or the applicant's successors,
shall cause a biannual inspection of the communication tower and related
accessory structures and improvements to be conducted by a qualified
licensed professional engineer. The inspection shall specifically
address whether the communication tower and related accessory structures
and related improvements are being maintained in a structurally safe
and workmanlike manner.
[2]
A written report certified to by the inspecting
professional engineer shall present information regarding the nature
and timing of the inspection conducted, identify all deficiencies
noted, proposed appropriate corrective action and include a schedule
for carrying out the work.
(b)
Such certified biannual report shall be filed
with the Town Code Enforcement Officer within 60 calendar days of
the first and each succeeding biannual anniversary of the issuance
of the initial certificate of occupancy authorizing use of the facility
site.
(c)
Upon submission of such report, the applicant,
or the applicant's successors, shall schedule with the Code Enforcement
Officer an appointment for his inspection of the property.
(3)
Additional requirements.
(a)
As a condition of any special permit issued by the Planning Board for a communication (personal wireless service) facility or tower and in addition to the requirement set forth above in § 210-57C(2) of this article, the Planning Board may require future submission of reports and other documentation demonstrating continuing compliance with any of the regulations in effect at the time the special use permit was issued or any superseding or new regulations that may be adopted by either the FCC or other Federal regulating agency.
(b)
Performance guaranty.
[1]
As a condition of any special permit issued
by the Planning Board for a communication (personal wireless service)
facility or tower, the Planning Board shall require the posting of
a suitable performance guarantee, the performance guarantee being
at the Town's discretion either a performance bond or an irrevocable
letter of credit with a specific schedule of payments if work is not
completed to ensure either of the following:
[a]
The completion of all work associated
with the authorized facility installation or tower construction within
the time frame specified by the building permit.
[b]
Both removal of any facility installation
or tower construction left incomplete and the restoration of the facility
site to its prior state to the extent deemed practicable by the Planning
Board. Except as may be authorized by the Planning Board in consideration
of seasonal factors, all such removal and remediation shall occur
within six calendar months of the cessation of work on the facility
installation or tower construction. The date of such cessation of
work shall be determined by the Code Enforcement Officer and set forth
in a notice to the applicant or the applicant and landowner should
he applicant not be the landowner.
[2]
No building permit shall be issued until the
Town Board has accepted such performance bond or similar guarantee.
The Town Board shall employ the following criteria to determine the
adequacy of the performance guarantee proposed by the applicant:
[a]
The scope of work governed by the
performance guarantee shall be the worst-case, or most extensive,
scenario of removals and remediation defined by the Planning Board.
[b]
The amount of the performance guarantee
shall be based on an estimate for carrying out the above work, such
estimate either prepared or reviewed and confirmed by the Town Engineer.
[c]
The form of the performance guarantee
shall be reviewed and approved by the Town Attorney.
(4)
Abandonment and removal. Within 60 calendar days of
receipt of written notice from the Code Enforcement Officer, either
the applicant, the landowner or their successors shall cause the dismantling
and removal of any communication (personal wireless service) facility
or tower, whether erected prior to or subsequent to April 9, 1998,
the date of enactment of L.L. No. 2-1998, the substantive provisions
of which local law are incorporated within this chapter, as comprehensively
amended in 2002, the use of which the Code Enforcement Officer has
deemed to be discontinued or otherwise abandoned for the period specified
below:
(a)
Pertaining to a communication tower and related
accessory structures and improvements, where operations have ceased
for a period of 24 consecutive months, with intent to resume the use
or operation not providing exemption from this requirement.
(b)
Pertaining to any other facility, where the
operation of such facility has ceased for a period of six consecutive
months, with intent to resume its use or operation not providing exemption
from this requirement.
(5)
Certificate of insurance required.
(a)
Adequate and sufficient liability insurance
shall be maintained during the construction period and throughout
the life of any communication (personal wireless service) tower erected
within the Town of Union Vale. The minimum acceptable amount of liability
insurance shall be established by the Planning Board in its review
of the application for special use permit.
(b)
Prior to the issuance of the special use permit,
documentation that such liability insurance has been secured shall
be submitted to the Town in the form of a certificate of insurance
identifying the Town of Union Vale as a coinsured party and in at
least the minimum amount specified by the Planning Board. Maintenance
without interruption of liability insurance in like or greater amount
and with the Town named as a coinsured party shall be required as
a continuing condition of the special use permit and related certificate
of occupancy and/or certificate of compliance.
(6)
Partial exemption for amateur ham radio operations.
(a)
For purposes of this chapter, communication (personal wireless service) facilities or towers in support of amateur ham radio operations shall, while subject to the requirement that a special use permit be secured for any communication tower in excess of the height and/or locational limitations set forth within Article V, § 210-44, of this chapter, be exempt from certain provisions within this section, as set forth in below § 210-57C(6)(b), provided that there is strict compliance with the following limitations:
[1]
Not more than one such tower for the exclusive
use of the owner of the residential premises shall be constructed
on any parcel within a residential district.
[2]
There shall be no sale or lease of space for
commercial purposes on any tower erected and maintained on a residential
parcel in support of amateur ham radio operations.
(b)
For amateur ham radio operations satisfying
with the above criteria, compliance is not required with the following:
[2]
Within § 210-57B, Application requirements, as set forth within § 210-57B(3) through (7) and that portion of § 210-57B(8) dealing with required biannual inspection.
[3]
Section 210-57C(2), Required inspections, in its entirety.
[4]
Section 210-57C(5), Certificate of insurance required, in its entirety.
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 design
standards, as shall be certified by a registered architect or licensed
professional engineer, and related additional submission requirements:
(1)
Design standards.
(a)
All structures shall be designed and anchored
to prevent flotation, collapse or lateral movement due to floodwater-related
forces.
(b)
All construction materials and utility equipment
used shall be resistant to flood damage.
(c)
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.
(d)
Adequate drainage shall be provided to reduce
flood hazard exposure.
(e)
All public utilities and facilities shall be
located and constructed to minimize or eliminate potential flood damage.
(f)
All water supply and sanitary sewage systems
shall be designed to minimize or eliminate water infiltration or discharges
into the floodwaters, including the provision that on-site sewage
systems shall be located so as to both avoid their impairment or contamination
potential during flooding.
(g)
All new residential construction or substantial
improvements to existing 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.
(h)
All new nonresidential construction or substantial
improvements to existing 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 flood-proofed up to the same water level, including attendant utility
and sanitary facilities.
(i)
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.
(j)
No storage of materials or equipment that are
potentially buoyant, flammable or explosive or which could otherwise
be injurious to human, animal or plant life, either terrestrial or
aquatic, shall be permitted.
(2)
Additional submission requirements. In addition to the submission of the forms, fees and other documentation set forth for all special permit uses at § 210-59 of this article and chapter, the following additional information shall accompany any Application to undertake work within the Flood-Fringe Overlay (FF-O) District:
(a)
Record of the status of any other permit, approval
or compliance determination that may be required from a state or county
agency.
(b)
Plans providing adequate detail to determine
the suitability of the site for the proposed development or use which
information shall include, but not be limited to, the following:
[1]
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 areas, 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.
[2]
The elevation in relation to mean sea level
of the lowest floor, including basement, of all existing and proposed
structures.
[3]
The elevation in relation to mean sea level
to which any nonresidential structure is proposed to be flood-proofed,
together with its attendant utility and sanitary facilities.
[4]
Details regarding how any nonresidential flood-proofed
structure meets or exceeds essential flood-proofing standards, i.e.,
that flood-proofing occurs so well 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.
[5]
Documentation that any nonresidential 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 safely used for access by emergency equipment and for the evacuation
of persons.
[6]
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 135, 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 Code Enforcement Officer prior to either use of the property or the issuance of a certificate of occupancy for the intended use or structure. Any such certification shall be maintained by the Deputy Code Enforcement Official as a permanent record and be 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, 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 which at a minimum shall be construed to require submission not less than 21 days prior to a regularly-scheduled meeting of the Planning Board and submission of 14 copies, consisting of three full-scale prints and 11 half-scale prints, and a portable document format (PDF) file of any site plan and building plans and elevations presented in satisfaction of below Subsection A(1)(a) and (b):
[Amended 3-11-2010 by L.L. No. 12-2010; 10-9-2014 by L.L. No.
5-2014]
(a)
A preliminary site plan which demonstrates the
overall site layout and building locations, access drives and parking
areas, setbacks and buffer areas, lighting, landscaping and signage,
and the location and extent of existing development on adjacent parcels.
(b)
Preliminary building plans and elevations illustrating
proposed building construction and alteration, including an indication
of exterior materials, textures and colors.
(c)
Payment of the applicable application fee in
accordance with the fee schedule established and annually reviewed
by the Town Board.
(d)
Either a short or full Environmental Assessment
Form (EAF) as required by the Planning Board pursuant to the State
Environmental Quality Review Act (SEQRA), Article 8 of the Environmental
Conservation Law and Title 6 Part 617 NYCRR.
(e)
If the parcel subject of the special permit use lies partially, wholly
or within 500 feet of either a certified agricultural district or
land for which an individual commitment has been received pursuant
to §§ 305 and 306 of the Agriculture and Markets Law
of the State of New York, a complete application for special use permit
shall also include an agricultural data statement in a form prescribed
by the Planning Board.
(f)
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.
(a)
The Planning Board shall within 62 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, at which hearing,
the applicant shall appear in person or by agent. The Board shall
additionally provide notice as follows:
[1]
By publishing at least five calendar days prior
to the date thereof a legal notice in an official newspaper of the
Town.
[2]
By requiring the Clerk 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 the application.
Notice shall be mailed at least 10 calendar days prior to the hearing,
with compliance with the notification procedure certified to by the
Clerk 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.
[a]
The names and addresses of owners
notified shall be taken as such appear on the last completed tax roll
of the Town.
[b]
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
use permit.
[3]
Posting a conspicuous sign on its road frontage indicating the parcel
is subject of a pending proceeding before the Planning Board for a
period of not less than five calendar days prior to the public hearing
and in such manner as otherwise specified by the Planning Board at
the time of acceptance of the application for special use permit.
[Added 3-11-2010 by L.L. No. 12-2010]
(b)
If the land involved in the application lies
within 500 feet of the boundary of any other municipality, the Clerk
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 the public hearing.
(3)
Consultant review. In its review of an application
for special use permit the Planning Board may consult with the Town
Code Enforcement Officer and/or Deputy Code Enforcement Official,
the Superintendent of Highways, the Conservation Advisory Council,
the Design Review Committee, the Dutchess County Health Department,
other local and county officials and its designated private planning,
legal and engineering consultants, in addition to representatives
of New York State agencies including but not limited to the Department
of Transportation, the Health Department and the Department of Environmental
Conservation.
[Amended 3-11-2010 by L.L. No. 12-2010]
(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. The Planning Board shall take no action on such application
until an advisory recommendation has been received from the 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 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 members adopting a resolution fully setting forth
the reasons for the 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)
Waiver of requirements. The Planning Board may waive upon written request of the applicant and as an integral part of its decision on the application any of the additional specific standards and requirements set forth in §§ 210-56 and 210-57 of this article and chapter for the approval of a particular special use permit. The grant of any such waiver shall be accompanied by a finding that compliance with the additional requirement is either not requisite in the interest of the public health, safety and general welfare or inappropriate to the circumstances of the particular special permit use. The finding shall also be supported by a determination under SEQRA that the grant of such waiver will not cause any significant adverse environmental effect that would have been avoided or more fully mitigated were there compliance with the requirement.
(6)
Decisions. Every decision of the Planning Board with
respect to a special use permit application shall be made by resolution
within 62 calendar days of the public hearing, which resolution shall
clearly state the decision, including findings made, any waivers granted
and any modifications or conditions attached thereto. Each such decision
shall be filed in the office of the Town Clerk within five business
days thereof. Certified copies shall also be sent to the applicant
and to the Town Code Enforcement Officer.
A.
Reimbursable costs. Reimbursable costs incurred by the Planning Board for private consultation fees or other extraordinary expense in connection with the review of a special use permit application shall be charged to the applicant. Such reimbursable costs shall be in addition to the fee required in § 210-59 above. Maximum amounts for such reimbursable costs by project type and size shall be in accordance with the fee schedule established and annually reviewed by the Town Board.
B.
Effect of special use permit approval.
(1)
In addition to compliance with all other applicable
sections 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 Code Enforcement Officer, such
resolution accompanied as may be pertinent by a letter from the Planning
Board Chairperson advising that any conditions set forth within the
resolution have been satisfied.
(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 district in which it is located
provided that such 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 a 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 by person responsible for conduct
of the use. In such cases, the applicant shall be granted a period
of 60 calendar days for full compliance prior to revocation of the
special use permit.
(5)
The granting of a special use permit in the Flood
Fringe Overlay (FF-O) District shall not be held to constitute a representation,
guarantee or warranty of any kind by the Town of Union Vale or any
employee or official 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
or employee for any damage that may result pursuant to such development
or use.
C.
Expiration of special use permit. A special use permit
shall be deemed to authorize only the particular use or uses expressly
specified in the special permit and shall expire if the special use
permit activity is not commenced and diligently pursued within six
calendar months of the date of issuance of the special use permit.
Upon prior written request to the Planning Board, the time period
for initiation of the special permit use may be extended for a maximum
period of one calendar year from its otherwise specified termination
date.
D.
Revocation of special use permit. In all instances, including those cited in above § 210-60B(4) of this article, 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 permit.
E.
Integration of procedures. Whenever a particular action requires both the consideration of an application for 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 chapter, with the site plan review and approval process. Such integration of procedures may require, upon mutual consent of the Planning Board and applicant, reasonable modification of the time schedules otherwise stated in this article for consideration of an application for special use permit or in Article VII of this chapter, as related to site plan review and approval.
F.
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. Such
proceeding shall be subject to the provisions of Article 78, except
that the action must be initiated as therein provided within 30 calendar
days after the filing of the Board's decision in the office of the
Town Clerk.
