A.
The Town of Plattekill is hereby divided into the
following types of districts:
|
RS-1
|
Residential Settlement
| |
|
HR-1
|
Hamlet Residential
| |
|
AG-1.5
|
Agricultural
| |
|
RR-1.5
|
Rural Residential
| |
|
BD-40
|
Business
| |
|
BD-60
|
Light Business
| |
|
GB-80
|
General Business
| |
|
M-3
|
Mountain
|
B.
PBD planned business park Districts are also provided
for hereunder.
The location and boundaries of said districts
are hereby established as shown on the Official Zoning Map of the
Town of Plattekill, amended this date or hereafter, which is attached
hereto and is hereby made a part of this chapter. Said map or maps
and all notations, references and designations shown thereon shall
be a part of this chapter as if the same were all fully described
and set forth herein.
[1]
Editor's Note: The Zoning Map is included at the end of this chapter.
A.
The district boundary lines are intended generally
to follow the boundary lines of rights-of-way, existing lot lines,
the center line of rivers, streams and other waterways or Town boundary
lines, all as shown on the Zoning Map; but where a zone boundary line
does not follow such a line, its position is shown on said Zoning
Map by a specific dimension or relationship to such line.
B.
Where a district boundary line divides a lot of record
at the time such line is established, the Town Board may allow the
extension of activities permitted in one district to the other as
a special use if the land area to which the use would be extended
constitutes less than 50% of the total parcel. This is to permit more
flexibility in the use of large parcels.
C.
When the specific location of a zoning district boundary
line cannot be ascertained, the Code Enforcement Officer shall refer
the matter to the Zoning Board of Appeals to render an interpretation
which shall then be used as the basis for applying zoning standards.
The restrictions and controls intended to regulate
development in each district are set forth in the following Schedule
of District Regulations which is then supplemented by other sections
of this chapter and other laws of the Town of Plattekill.
A.
Any use identified as a principal permitted use shall be permitted as a matter of right upon application to the Code Enforcement Officer, provided the proposed use is in compliance with these regulations, except that the Code Enforcement Officer shall have authority to refer any minimal impact use or other matter involving new commercial or industrial site development to the Planning Board for site plan review. Additional uses requiring only site plan review are designated on the Schedule of District Regulations. Should site plan review be conducted for such uses the Planning Board shall have the option of conducting a public hearing on the application. Site plan review procedures and requirements set forth in § 274 of the New York State Town Law and Article IV of this Zoning Law, including SEQRA obligations, shall apply.
B.
All special uses are subject to site plan review,
public hearing and Planning Board approval prior to the Code Enforcement
Officer issuing a permit for their establishment. Accessory uses are
permitted to accompany principal permitted and special uses. Permits
for these uses shall be issued directly by the Code Enforcement Officer,
except that where an accessory use is proposed to precede a principal
permitted or special use, it shall be processed as a special use.
[1]
Editor's Note: The Schedule of District Regulations is included at the end of this chapter.
A.
Whenever any owner or occupant of any property in
the Town of Plattekill shall, for any purpose or in any manner (1)
establish a new use, (2) commercially clear, excavate or grade land
for purposes of making permanent structural improvements to a property,
(3) change an existing use, (4) make permanent structural improvements
to a property, (5) erect a new building, or (6) move, alter, add to
or enlarge any existing land use or building, such owner or occupant
shall first comply with the requirements of this chapter and obtain
any approvals and permits required hereunder, unless specifically
exempted from such requirements by this chapter. An approval shall
be required whenever a change in land use occurs, regardless of whether
or not any new construction is involved hereunder, excepting a change
from one agricultural activity to another. For example, the replacement
of a law office (professional office) use in a BD-40 District with
a pharmacy (retail and service establishment) use in the same structure
would require a zoning permit even though no new construction is involved.
The purpose is to evaluate any new parking needs and other changes
having to do with the nature of the operation itself, irrespective
of the physical improvements that may or may not be involved. In the
example cited, the new pharmacy would also require special use approval,
because retail and service establishments are special uses in the
BD-40 District; that is to say any new use in an existing structure
is treated as if it were an entirely new project.
B.
If a proposed use is not specifically prohibited under
this chapter and is not listed in any category of uses or within any
zoning district on the Schedule of District Regulations,[1] the Town Board shall render a formal determination as
to those districts in which the use shall be permitted. The Town Board
shall, pursuant to the Municipal Home Rule Law, supersede New York
State Town Law Article 16 for this purpose. If the use is permitted
in a given district, the Planning Board shall then process any application
for such use received for that district as a special use. The Town
Board shall make its determination on the basis of similarities of
the use to other specifically listed uses within various districts,
taking into consideration the impacts of the use on the community
and the neighborhood in which it is proposed. This shall not permit
the Town Board to reclassify uses that are already listed nor shall
the Town Board allow any use which is not listed in a particular district
if that use is already permitted in another district.
[1]
Editor's Note: The Schedule of District Regulations is included at the end of this chapter.
C.
Any use that is noxious, offensive or objectionable,
by reason of the emission of smoke, dust, gas, odor or other form
of air pollution or by reason of the deposit, discharge or dispersal
of liquid or solid wastes in any form in a manner or amount as to
cause permanent damage to the soil and stream or to adversely affect
the surrounding area or by reason of the creation of noise, vibration,
electromagnetic or other disturbance or by reason of illumination
by artificial light or where light reflection emanates, or that involves
any dangerous fire, explosive, radioactive or other hazard or which
causes injury, annoyance or disturbance to any of the surrounding
properties or to their owners and occupants and any other process
or use which is unwholesome and noisome and may be dangerous or prejudicial
to health, safety or general welfare is prohibited. Further, except
as may herein be provided, the following uses and activities are expressly
prohibited:
(1)
Dumps. No dump or any other use where deposit of rubbish,
or garbage or tires where vermin, flies or mosquitoes may breed, from
which offensive odors may be emitted or where a smoldering fire may
burn shall be permitted except for municipal transfer stations.
(2)
Use of any mechanical, electrical or other sound-amplifier
device capable of being heard beyond the property line. Installation
or use of any mechanical, electrical or other sound-amplifier device
or similar device for magnifying sound whereby the sound is regularly
and routinely audible beyond the premises on which it is installed
or located, or fails to comply with § 72-5 of the Town of
Plattekill Code, is prohibited.
(3)
Artificial lights as traffic hazards. No artificial
lights or reflecting devices shall be located or otherwise displayed
where such lights or devices interfere with, compete for attention
with or may be mistaken for traffic signals or divert the attention
of operators of motor vehicles or otherwise create traffic hazards.
(4)
Blinking and flashing signs. Except for traffic signals
regulated and approved by the appropriate state, County or Town transportation
agency, blinking and/or flashing signs are prohibited.
D.
Minimal impact uses.
(1)
Such uses shall be allowed as principal permitted
uses in specified zoning districts. A minimal impact use is one that
is otherwise classified as a special use, occupies less than 2,500
square feet of floor area and generates less than 100 trip-ends of
traffic per day on average, not including auto-related enterprises,
drive-in establishments, salvage yards, commercial recreational facilities,
industrial uses, taverns, adult uses, convenience stores or any other
use that would generate noise, odor, light, vibration or other similar
impacts beyond the property line of the lot.
(2)
The Town of Plattekill Code Enforcement Officer shall,
on finding that any proposed use could generate such impacts, refer
the matter to the Town of Plattekill Planning Board, which may either
permit the application to go forward as a minimal impact use with
its recommendations or retain authority to process the application
as a special use and proceed accordingly. All minimal impact uses
shall, nonetheless, be subject to site plan review.
E.
Disclosure notices.
(1)
All maps, plans, plats or site plans to be filed with
the Town of Plattekill or Ulster County in connection with the development
of or transfer of property within the Town of Plattekill BD-40, BD-60
and GB-80 Business Districts shall hereafter contain said statement:
"It is the policy of the Town of Plattekill to encourage economic
development through the creation of a business district in which business
will be encouraged to locate, develop and promote."
(2)
Likewise, all maps, plans, plats or site plans to
be filed with the Town of Plattekill or Ulster County in connection
with the development of or transfer of property within the Town of
Plattekill AG-1.5 Agricultural District shall hereafter contain said
statement: "It is the policy of the Town of Plattekill to encourage
agricultural economic development through the creation of an agricultural
district in which farm and agricultural support businesses will be
encouraged to locate, develop and promote."
(3)
These notices are to inform prospective residents
that their homes will be located in districts where the primary land
use is agriculture or other business and that landowners have the
right to lawfully and responsibly undertake activities necessary to
the conduct of those businesses. Such uses may include but not be
limited to activities that cause noise, dust, odors and traffic.
A.
Minimum development standards. The development standards
contained herein are minimums and shall apply to each dwelling unit
unless otherwise specifically provided. A two-family dwelling shall,
for example, require the equivalent of two minimum sized lots insofar
as lot area, as will any two dwelling units on the same property.
However, two principal nonresidential uses may be located on the same
lot, provided there is adequate parking for each and the site plan
addresses all other needs under this chapter.
B.
Corner lots. No obstruction to vision (other than
an existing building, post, column or tree) exceeding 30 inches in
height above the established grade of the street at the property line
shall be erected or maintained on any lot within the triangle formed
by the street center lines of such lot and a line drawn between points
along such street center lines 75 feet distant from their points of
intersection. The Planning Board may impose higher standards where
necessary to deal with grade limitations that would otherwise limit
the beneficial impact of these measures.
C.
Through lot requirements. A through lot shall be considered
as having two street frontages, both of which shall be subject to
the front yard requirements of this chapter.
D.
Minimum lot frontage. All lots shall have a minimum
lot frontage as found in the Table of Development Standards in the
Zoning Law Schedule of District Regulations.[1]
[1]
Editor's Note: The Schedule of District Regulations is included at the end of this chapter.
E.
Flag lots.
[Added 7-21-2010 by L.L. No. 1-2010]
(1)
Flag lots may be allowed in each zoning district in conformity with
the Town of Plattekill Subdivision Laws,[2] approved by special permit in compliance with this subsection
where the Planning Board first determines that said flag lot will
meet all of the following requirements:
(a)
That for reasons of topography, land form, existing lot pattern
of unusual size or shape of a parcel, there is no reasonable or practical
alternative to creating a flag lot.
(b)
That the creation of a flag lot will result in the preservation
of natural scenic resources.
(c)
That the basis for the formation of a flag lot must not be to
circumvent the need for the construction of a road.
(d)
That the creation of the flag lot must not be to increase density.
(e)
That the location of the flag lot will not itself create any
problems with road access or traffic conflicts.
(f)
That the creation of the flag lot will not conflict with existing
residential or agricultural uses.
(g)
That each flag lot shall have a satisfactory access to an existing
public street or to a proposed street within the subdivision. For
the purposes of this section, each lot proposed must directly abut
on a street and have a sufficient frontage to allow the ingress and
egress of fire trucks, ambulances, police cars and other emergency
vehicles, but in no event shall the lot frontage be less than 25 feet
nor more than 50 feet in width.
(h)
That all remaining lots conform to the minimum development standards
as contained in the applicable Schedule of District Regulations[3] and restricted to one-family residence or use.
[3]
Editor's Note: The Schedule of District Regulations is included at the end of this chapter.
(2)
General standards. Approval of a flag lot shall be based on the Planning
Board's review of compliance with the following standards and criteria:
(a)
Application. Flag lots shall be permitted only for single-family
detached residential uses with access provided from a public road.
No more than one dwelling or use shall be provided on a flag lot.
(b)
Minimum lot area. The minimum area of a flag lot shall be the
lot size required for the applicable zoning district. The buildable
portion of a flag lot is the rear portion of the lot and shall be
considered the "flag," which does not include the portion of the lot
that is the access strip or "flag pole" of the flag lot. The area
of the flag pole shall not be included in the calculation of the required
minimum lot area for the flag lot.
(c)
Minimum front, side and rear yard requirements shall be maintained
in the primary building area or "flag" portion of the flag lot in
conformance with the Table of Development Standards in the Zoning
Law Schedule of District Regulations.[4]
[4]
Editor's Note: The Schedule of District Regulations is included at the end of this chapter.
(d)
Maximum number allowed. A maximum of one flag lot shall be permitted
per subdivision.
(e)
Access. The following standards apply to the access-strip portion
of land in a flag lot:
[1]
The length of the access strip to the buildable portion of the
lot shall not be greater than 5.0 times the minimum lot width required
for applicable zoning district.
[2]
The access strip shall have a minimum frontage of 25 feet and
a maximum width of 50 feet. No portion of the flag lot shall be less
than 25 feet in width, nor shall the required lot width of the original
lot be reduced to less than the minimum required by this chapter.
[3]
At all times a clear right-of-way of at least 20 feet in width
for the access driveway shall be maintained to permit vehicular travel
from the public road to the principal structure, and the minimum driving
surface shall be 15 feet in width and shall be sufficient to provide
suitable access, ingress and egress for emergency vehicles. The Planning
Board may vary, modify or waive the width of the access driveway upon
written request by the applicant where specific unique conditions,
in the opinion of the Planning Board, merit such consideration.
[4]
The maximum driveway grade shall be 10%.
[5]
The access strip must be owned in fee simple by the owner of
the flag lot.
[6]
No more than two lots shall be accessed from the access strip
driveway, including the lot fronting on the right-of-way street, which
shall be accessed from the same driveway as the lot in the rear. The
maintenance of the access right-of-way shall be shared by both property
owners, and a maintenance agreement to be executed by both property
owners, including a release to the Town Board from any and all responsibility
for the maintenance of the same, shall be provided to the Town Board
for approval. The maintenance agreement shall be filed with the Ulster
County Clerk by the applicant immediately upon final approval of the
subdivision.
(f)
The Fire Inspector/Code Enforcement Officer shall make a determination,
after consulting with the Fire Chief of the local fire district in
which the flag lot is located, of the accessibility of emergency services
regarding access to both the flag and adjacent lots.
(3)
Standard notes. The following notes shall be included on the final
plat of any subdivision containing a flag lot:
(a)
Standard note for address identification. The street number
of a dwelling situated on a flag lot shall be permanently and conspicuously
displayed on a sign, with letters no less than three inches in height,
which sign shall be placed no more than 25 feet from the road pavement,
displayed for both directions of travel and be visible at night.
A.
General application. No building or structure shall
exceed in building height the number of feet permitted as a maximum
on the Schedule of District Regulations[1] for the district where such building or structure is located.
[1]
Editor's Note: The Schedule of District Regulations is included at the end of this chapter.
B.
Permitted exceptions. Height limitations stipulated
elsewhere in this chapter shall not apply to church spires, belfries,
cupolas, domes, monuments, water towers, chimneys, smokestacks, flagpoles,
radio and transmission towers, farm buildings or similar noninhabited
structures under 150 feet in height. Other height exceptions may also
be granted as special uses where fire-fighting capacity will not be
threatened, buffers and setbacks are also proportionally greater and
the need for the additional height is demonstrated by the applicant.
A.
Side yard exception. Where the side wall of a building
is not parallel with the side lot line or is irregular, the side yard
may be varied at the discretion of the Planning Board. In such case,
the average width of the side yard shall not be less than the otherwise
required minimum width; provided, however, that such yard shall not
be narrower at any point than 1/2 the otherwise required minimum width.
B.
Front yard exception. When an unimproved lot is situated
adjacent to or between improved lots already having a principal building
within the required front yard, the front yard for the unimproved
lot may be reduced to the average depth of the front yards for the
two nearest adjoining improved lots, but not less than 30 feet from
the center line.
C.
Provision of yard or other open space. No yard or
other open space provided about any buildings for the purpose of complying
with the provisions of the law shall be considered as providing a
yard or open space for any other building, and no yard or other open
space on another lot shall be considered as providing a yard or open
space for a building on any other lot.
D.
Waterfront yards. Any yard which borders on a New
York State Department of Environmental Conservation classified lake,
stream or body of water shall be not less than 100 feet in depth except
for boathouses and docks.
A.
No accessory building permitted by this chapter shall
be placed in any required side or front yard except as provided in
this article.
B.
The aggregate ground area covered by any accessory
buildings in any rear yard shall not exceed 25% of the rear yard area.
C.
Accessory structures not attached to a principal structure
shall:
(1)
Be located not less than 10 feet from any side or
rear lot line or principal structure and shall not be sited in such
a fashion as to prevent emergency fire fighting access or to shade
a residential structure on an adjoining lot.
(2)
Be no closer to the street than any principal structure
on the lot, except in the case of farm buildings. When the principal
structure is located 100 feet or more from the front lot line, the
accessory structure may be placed in front of the principal structure
but not in the required setback from the front lot line.
D.
No accessory structure shall be located closer than
10 feet to the side and rear lot lines, provided that it is not more
than 10 feet in height. Accessory structures more than 10 feet in
height shall be set back from side and rear lot lines one additional
foot for each additional foot in height. Farm buildings and structures
shall be exempt from this requirement, however.
E.
Storage trailers, railroad cars, bulk containers or
retired mobile home units and recreational vehicles shall not be used
for purposes of accessory structures in connection with any nonagricultural
use.
F.
Swimming pools shall comply with the applicable sections
of the New York State Uniform Fire Prevention and Building Code, as
amended. Swimming pools shall not be located in the front yard.
G.
Fences and walls. All retaining walls and combinations
thereof over 10 feet high shall require site plan review by the Planning
Board (limited to the proposed improvement only) and a building permit
from the Code Enforcement Officer. Except as otherwise approved by
the Planning Board as part of a site plan:
(1)
Fences shall not exceed six feet in height when erected
in required side or rear yards and shall not exceed four feet in height
when erected in the required front yard;
(2)
Fences and walls shall be set back at least two feet
from any property line, excepting agricultural fences and fences erected
jointly by the adjoining landowners;
(3)
Fences and walls shall conform to corner lot requirements
contained herein; and
(4)
Fences and walls shall be measured from the ground
level at the base of the fence or wall, excepting that where there
is a retaining wall the height shall be measured from the average
of the ground levels at each end of the retaining wall.
H.
Garages and storage of recreation vehicles in residential
zones.
(1)
One garage of up to 1,500 square feet in gross floor
area, accessory to a single-family detached dwelling and used for
vehicle storage, shall be permitted.
(2)
Garages with up to 750 square feet in gross floor
area per dwelling unit, accessory to two-family or multifamily dwellings
and used for vehicle storage, shall be permitted. Space in a garage
accessory to a multifamily residence shall be used solely by occupants
of the premises.
(3)
The outdoor storage of one recreation vehicle or boat
of more than 22 feet in length is permitted for any lot or for every
20,000 square feet of lot area, provided that such trailer or boat
is unoccupied and not stored between the street line and the front
building line, except that one such vehicle or boat may be stored
in a driveway. Under no circumstance may such a vehicle or boat be
stored within 15 feet of a street line or closer to a property line
than the minimum distance permitted for an accessory structure.
(4)
Storage of commercial vehicles. In residential zones,
no more than one truck vehicle or piece of heavy equipment (e.g.,
backhoe) used in a commercial enterprise, which vehicle or piece of
equipment shall be under 18,000 pounds in weight, shall be kept outdoors.
No tractor-trailer combinations shall be permitted to be parked overnight
in any residential zone. Commercial vehicles or auxiliary engines
may not be left running in residential zones. Outdoor storage of more
than one commercial vehicle may be permitted for GB-80, BD-40 and
BD-60 District uses in conjunction with special use approval or site
plan review of such uses.
I.
Accessory apartments.
(1)
Authority to permit. An accessory use permit may be
granted to allow a single-family detached dwelling to be accompanied
by one accessory apartment unit, provided that:
(a)
The principal dwelling unit is the legal residence
of the owner.
(b)
The lot area shall be no less than 10,000 square
feet per dwelling unit (20,000 square feet in total).
(c)
The individual waste disposal system shall be
certified as adequate for the additional unit by the Department of
Health.
(d)
The accessory unit is self-contained with separate
cooking, sleeping and sanitary facilities for the exclusive use of
the occupant.
(e)
The floor area of an accessory apartment shall
not exceed 25% of the floor area of the finished principal structure
or 500 square feet, whichever is greater.
(f)
The accessory unit shall not exceed one bedroom
in size and shall be limited to a side or rear entrance.
(2)
Within 60 days of the approval of a permit for an
accessory apartment and/or upon transfer of title to the property,
the Code Enforcement Officer shall inspect the unit to ensure all
codes are met and the dwelling unit is owner-occupied.
(3)
If any lawful inspection of the dwelling is refused
by the owner or if the Code Enforcement Officer finds that all codes
are not met or that the dwelling is not owner-occupied, the Code Enforcement
Officer shall order, in writing, the remedying of all conditions found
to be in violation and shall state in the order a reasonable time
limit for compliance therewith and, where necessary, shall revoke
the permit and order the vacating of the accessory apartment so that
the property reverts to its original status as a single-family detached
dwelling.
J.
Flea markets and tent sales. Individuals, business
owners, churches, schools and other commercial or nonprofit organizations
within all districts may conduct flea markets and tent sales, provided
no more than three such sales shall be conducted per calendar year
and each sale is limited to four days in length. The enterprise shall
not be conducted in public rights-of-way or without otherwise complying
with the requirements of this chapter pertaining to off-street parking,
lighting, noise and signage.
A.
Off-street parking, loading and unloading facilities
shall be provided as necessary in connection with every use. One-family
and two-family residential uses shall be provided with two off-street
parking spaces per dwelling unit. Parking needs with respect to all
other uses shall be determined in conjunction with site plan review.
The amount of parking required shall be based on the following factors:
(1)
Industry studies of parking needs for the type of
use proposed or actual case-study comparisons for projects of similar
character. The Planning Board may require the developer or applicant
to gather and submit such data in support of its proposed parking
provisions. The National Parking Association and the Urban Land Institute
are examples of sources.
(2)
The characteristics of the proposed customers, residents,
occupants or visitors to a given facility. Housing for the elderly
would, for example, require fewer spaces per dwelling unit than time-shared
recreational units, though the number of dwelling units might be the
same.
(3)
The expected occupancy rates, traffic levels and numbers
of employees in connection with any enterprise and the degree to which
these directly relate to parking requirements.
(4)
Recommendations, if any, from other public agencies
(e.g., Department of Transportation) or information sources that suggest,
based on experience, the appropriate amount of parking in connection
with a given use.
(5)
The likelihood that parking will be shared with adjoining
facilities, the impact of daily peak visitation or use periods on
demand and hours of operation as compared to other neighborhood activities.
(6)
Where industry standards are inadequate for the particular
use or site involved or such standards are unavailable, the following
standards may be applied by the Planning Board or the Code Enforcement
Officer, as the case may be:
|
Use
|
Number of Required Spaces
| |
|---|---|---|
|
Home-occupations
|
1 space per 200 square feet of floor area devoted
to use
| |
|
Hotels/motels
|
1 space per rental room
| |
|
Industrial uses
|
1 space per 400 square feet floor area
| |
|
Commercial uses
|
1 space per 250 square feet floor area
| |
|
Places of public assembly
|
1 space per 5 seats
| |
|
Offices (business/professional)
|
1 space per 300 square feet floor area
| |
|
Restaurants
|
1 space per 50 square feet floor area
| |
|
Auto service, repair and filling stations
|
1 space per 100 square feet floor area
|
B.
Each parking space shall consist of not less than
an average of 270 square feet of usable area for each motor vehicle,
including interior driveways, driveways connecting the garage, or
parking space, with a street or alley. Garages, carports, and driveways
not in the public right-of-way may be considered parking spaces.
C.
Any lighting used to illuminate any off-street parking
shall be so shielded as to deflect the light away from adjoining premises
and public rights-of-way and avoid light spillage onto adjacent properties.
D.
All parking areas that are designed to accommodate
12 or more vehicles shall be landscaped using materials of sufficient
growth and height to aesthetically balance the impact of the open
paved area and provide effective stormwater control. The following
are guideline standards the Planning Board may apply, giving due consideration
to the size of the project and maintenance issues:
(1)
No more than 12 parking spaces should be allowed in
a continuous row uninterrupted by landscaping.
(2)
No parking areas should be designed such that a vehicle
might directly back out onto a public highway or through road within
the development. Traffic flows through a parking area should be minimized
and limited to connections from one lot to another and to the public
highway or through road.
(3)
Commercial parking areas, where possible, should generally
be located in the rear yard of any use, with the principal building
situated near the front lot line as permitted by the Schedule of District
Regulations.[1] This is for the purpose of maintaining the continuity
of the building line along any highway and avoiding the effective
merger of parking areas along a highway into one mass of pavement
where entrances and exits become difficult to identify.
[1]
Editor's Note: The Schedule of District Regulations is included at the end of this chapter.
E.
Any building erected, converted or enlarged for commercial,
office, manufacturing, wholesale, institutional or similar uses shall,
in addition to the off-street parking space required above, provide
adequate off-street areas for loading and unloading of vehicles. Public
rights-of-way shall under no circumstance be used for loading or unloading
of materials. The minimum size loading space shall be 60 feet in depth
and 12 feet in width, with an overhead clearance of 14 feet.
F.
Access to and from all nonresidential off-street parking,
loading and vehicle service areas along public rights-of-way shall
consist of well-defined separate or common entrances and exits and
shall comply with the following:
(1)
Access drives shall comply with all requirements of
the Town of Plattekill. Access drives onto state and County highways
shall be subject to New York Department of Transportation and Ulster
County standards, as the case may be.
(2)
Each entrance and exit shall be clearly defined with
curbing, fencing or vegetative screening so as to prevent access to
the area from other than the defined entrance and exits.
(3)
All access drives shall be subject to the requirement
of obtaining a driveway permit from the Town of Plattekill Highway
Superintendent, the Ulster County Department of Public Works or the
New York State Department of Transportation, as the case may be, and
approval of any permits hereunder may be conditioned upon the application
for and/or receipt of such permits from these authorities.
(4)
No use shall be permitted which requires year-round
access from a Town highway which has been designated by the Town of
Plattekill Town Board as a low-volume or minimum-maintenance seasonal
highway pursuant to § 205-a of the New York State Highway
Law.
G.
All nonresidential parking and loading areas and parallel circulation and service lanes shall be separated from the paving edge of a public thoroughfare or adjoining property lines by a planting strip at least 20 feet in depth landscaped according to § 110-19 hereof.
H.
Traffic study.
(1)
The Planning Board, at its discretion, may require
a traffic impact study by an independent engineer with any special
use application involving any use or combination of uses by separate
but concurrent applications likely to generate more than 500 trip-ends
per day based on the following daily rates:
|
Use
|
Number of Trip-Ends
| |
|---|---|---|
|
Residential uses
|
9.6 per dwelling unit
| |
|
Industrial uses
|
3.3 per employee
| |
|
Restaurants
|
7.9 per seat
| |
|
Fast-food restaurants
|
23.9 per seat
| |
|
Convenience markets
|
605.6 per 1,000 square feet gross floor area
| |
|
Supermarkets
|
177.6 per 1,000 square feet gross floor area
| |
|
Car washes
|
108.0 per car stall
| |
|
Offices
|
6.0 per employee
| |
|
Other commercial uses
|
50.0 per 1,000 square feet gross floor area
| |
|
Institutional uses
|
4.0 per employee
| |
|
Other uses
|
See "Trip Generation" (Institute of Transportation
Engineers)
|
(2)
Such a study may also be required in instances where
the project would substantially impact upon a problem intersection
or section of road with a history of congestion problems. The study
shall examine existing and projected traffic flows before and after
development and generally follow the guidelines set forth for such
studies by the Institute of Transportation Engineers. Its purpose
shall be to ensure that proposed developments do not adversely affect
the transportation network and to identify any traffic problems associated
with access to the site from the network. It shall identify solutions
to potential problems and any improvements needed. The scope of the
study shall be approved in advance by the Planning Board with the
final product incorporated in the SEQRA submission.
I.
Automobile service stations, location of exits and
entrances. No gasoline filling station or automobile repair shop,
or any vehicular access thereto, shall be located within 200 feet
of school buildings, playground entrances and church buildings. Vehicular
access to the above automobile uses shall not be closer to the intersection
of any two street lot lines than 50 feet.
Signs may be erected and maintained in the Town
of Plattekill only when in compliance with the following provisions:
A.
Signs advertising items sold or produced elsewhere
than on the lot where such sign is located are prohibited. Signs advertising
services or resorts not located on the lot where such sign is located
are prohibited. This shall not apply to general directory or directional
signs.
B.
General directory signs shall be no larger than 40
square feet in area and shall include only the names of the establishments
in letters no higher than five inches. Such signs shall be permitted
upon special approval of the Planning Board. The Planning Board shall
encourage uniform directory signs.
C.
Signs indicating the name or address of the occupant
of a permitted home occupation, provided that they shall not be larger
than four square feet in area, are permitted. Only one such sign per
dwelling unit shall be permitted, except in the case of corner lots,
where two such signs, one facing each street, shall be permitted for
each dwelling unit.
D.
For buildings other than dwellings, one identification
sign, not exceeding 32 square feet in area, may be displayed for each
250 feet of road frontage. Zoning permits shall be required for all
signs larger than eight square feet in area.
E.
Signs advertising the sale or rental of the premises
upon which they are erected by the owner or broker or any person interested
in the sale or rental of such premises may be erected and maintained,
provided that:
F.
The following general regulations shall apply to all
permitted signs:
(1)
Signs must be constructed of durable materials, maintained
in good condition and not allowed to become dilapidated.
(2)
Attached signs shall not project from any building
more than three feet in the direction of the street, provided further
that no such sign shall extend over the public street or public sidewalk
area.
(3)
No sign shall be higher than the height limit in the
district where such sign is located.
(4)
No illuminated signs shall be permitted which utilize
flashing lights or allow their lights to be directed onto the highway.
(5)
For signs in the interest of the public information
and convenience, the Code Enforcement Officer, upon approval of the
Zoning Board of Appeals, may issue a temporary permit for a period
to be designated by said Board. Such temporary signs shall be completely
removed by the property owner at the termination of any permit for
the erection thereof.
(6)
Notwithstanding the foregoing, the sign regulations
shall not be interpreted so as to infringe on constitutional rights,
and where signs are otherwise permitted, the content of such signs
shall not be regulated, except where such content substantially endangers
the public health, safety or morals.
New land uses and construction shall comply
with all applicable requirements of the Town of Plattekill pertaining
to stormwater management, erosion and sedimentation. Site plan review
applications shall include stormwater pollution prevention plans addressing
these requirements.
A.
The Planning Board may, to assure an acceptable buffer
between adjacent residential and nonresidential uses and create a
healthy, safe and aesthetically pleasing environment in the Town,
require a landscape plan be prepared as part of any special use or
site plan review application. Such a plan may also be required whenever
any nonresidential use is proposed in any district so as to buffer
parking areas and buildings from the highway, each other and other
uses. Where it is determined that a proposed special use or use subject
to site plan review would not have a major impact on the natural environment,
adjoining landowners or the view from a public highway, these requirements
may be modified by the Planning Board to allow for alternative methods
of satisfying the purposes of these regulations.
B.
The landscape plan, if required, shall specify locations
of all mature shade trees or other species of six-inch caliper or
greater and indicate existing vegetation to be removed or preserved.
It shall demonstrate how building materials, colors, and textures
will be blended with the natural and man-made landscape. It shall
also include visual depictions of the proposed landscape from the
perspective of persons who will view the site from the highway or
adjoining properties. Specific locations, varieties, sizes, winter
hardiness, and schedules for all proposed plantings shall, too, be
provided as part of the plan.
C.
Planning Board review.
(1)
The Planning Board, in reviewing a landscape plan,
may employ the assistance of design professionals. The Planning Board
shall also specifically consider the following before approving, approving
with modifications or disapproving the special use or site plan:
(a)
The plan should promote attractive development,
preserve existing vegetation to the maximum extent possible, enhance
the appearance of the property and complement the character of the
surrounding area.
(b)
The plan should use landscaping to delineate
or define vehicular and pedestrian ways and open space.
(c)
The plant material selected should be of complementary
character to buildings, structures and native plant species and be
of sufficient size and quality to accomplish its intended purposes.
(d)
The plan should effectively buffer the activity
from adjoining land uses as may be necessary and soften the impact
of other site development as contrasted with the natural environment.
(e)
The plan should be realistic in terms of maintenance
and use materials which, as a minimum, are winter hardy to Zone 4.
(2)
Consideration and determination of the adequacy of
the above plan requirements are at the Planning Board's discretion.
D.
Landscaping guidelines. The following minimum specifications
are suggested guidelines that the Planning Board may apply when new
landscaping is required:
(1)
The minimum branching height for all shade trees should
be six feet.
(2)
Shade trees should have a minimum caliper of three
inches (measured four feet above grade) and be at least 12 feet in
height when planted.
(3)
Evergreen trees should be a minimum of six feet in
height when planted.
(4)
Shrubs should be a minimum of 24 inches in height
when planted. Hedges shall form a continuous visual screen within
two years after planting.
(5)
A buffer screen at least 15 feet in width along any
residential lot line should be provided. It shall include, at a minimum,
a solid wooden stockade fence six feet in height and one evergreen
tree for every 15 linear feet of property line. An additional row
of evergreens meeting these standards, and offset such that each row
serves to place trees between the gaps of the other, should be permitted
as a substitute for the stockade fence.
(6)
A landscape strip at least 15 feet in width, that
includes at least one deciduous tree for every 35 linear feet of perimeter
lot line should be required for any nonresidential use. Such deciduous
trees should also be accompanied by smaller shrubs and ground cover
as may be required to effectively separate and buffer the activity
from the highway but still allow for visibility of the use. The width
of this buffer may be reduced along the rear and side lot lines for
good cause, but not along the front lot line.
(7)
All lot area (except where existing vegetation is
preserved) should be landscaped with grass, ground cover, shrubs,
or other appropriate cover.
(8)
The preservation of mature shade trees should be required
unless there is no alternative but to remove them. These may be used
to meet requirements of this section, provided the Code Enforcement
Officer or Planning Board, as the case may be, determines the purpose
of this section is achieved.
E.
A performance bond or guarantee in a form acceptable
to the Town Attorney and Town Board in the amount of 125% of the cost
of materials and installation may be required to assure that all landscaping
survives in a healthy condition one full year. The Code Enforcement
Officer or Planning Board, as the case may be, shall determine the
amount of the bond or guarantee and consider financial impacts of
this requirement on the project. The Code Enforcement Officer shall
have the right to enter upon the property to inspect the landscaping
and, after notifying the owner of any deficiencies, to require that
the bond or guarantee be used to pay for the replacement of any dead,
dying, diseased, stunned or infested plant materials.
F.
All applicable requirements of these landscaping regulations
imposed by the Planning Board shall be fully met prior to the Code
Enforcement Officer granting a certificate of occupancy for a new
building or use subject to these regulations.
