Dover City Zoning Code
ARTICLE IV
Overlay District Regulations
§ 145-13 Floodplain Overlay District (FP).
B.
Boundaries. The Floodplain Overlay District shall be the one-hundred-year floodplain, as defined in Article XII. The boundaries shown on the Overlay District Map are approximate.
C.
Restrictions. In addition to any restrictions, requirements, or permits imposed or required by Local Law Number 2 of 1987, no new structure intended for human habitation and no new septic tank, leach field, or other sanitary sewage system shall be located within the Floodplain Overlay District. This shall not prevent the replacement of existing facilities.
§ 145-14 Stream Corridor Overlay District (SC).
A.
Findings and purpose. The Town of Dover finds that special protection of the town's stream corridors is necessary to preserve their scenic character and water quality. The purpose of this section is to regulate land uses within stream corridors to protect water quality, scenic resources, and the overall appearance of the community, as well as to reduce the risk of damage from flooding.
B.
Boundaries. The Stream Corridor Overlay District includes all land lying within 150 feet of the mean high water line of the Ten Mile River, the Swamp River, and all other streams classified by the New York State Department of Environmental Conservation, as shown on the Overlay District Map.
C.
Effect of district. Within the Stream Corridor Overlay District, all of the underlying land use district rules remain in effect, except as they are specifically modified by this § 145-14.
D.
Setbacks. No principal structure shall be located within 100 feet of a watercourse, and no accessory structure 200 square feet or larger shall be located within 50 feet of a watercourse.
E.
Site plan approval requirement.
(1)
Within the SC District, site plan approval shall be required for the following:
(a)
Construction of any structure greater than 500 square feet in footprint area.
(2)
Within the SC District, the site plan approval requirement shall not apply to:
(3)
Within the SC District, the Planning Board may grant site plan approval only if it finds that, with appropriate conditions attached, the proposed activity:
(a)
Will not result in degradation of scenic character and will be aesthetically compatible with its surroundings.
(b)
Will not result in erosion or stream pollution from surface or subsurface runoff. In making such determination, the Planning Board shall consider slopes, drainage patterns, water entry points, soil erosivity, depth to bedrock and high water table, and other relevant factors.
(c)
Will comply with other applicable provisions of this chapter.
F.
Erosion and stormwater control plan requirement. For any special permit, site plan, or subdivision application in which the area to be disturbed lies partially within the SC District, an erosion and sediment control permit shall be required pursuant to Chapter 65 of the Dover Town Code if the total disturbed area (including portions outside the SC District) exceeds 10,000 square feet.
§ 145-15 Aquifer Overlay District (AQ).
A.
Findings and purpose. The Town of Dover finds that its water supply is at risk from certain land uses and has therefore determined that special protection of the town's water supply is necessary to preserve its purity and quality. The aquifer recharge areas lie generally within the town limits and are concentrated, for the most part, in one valley. The purpose of these regulations is to protect groundwater resources that support both public water supplies and drinking water for private wells.
B.
Effect of district. Within the Aquifer Overlay District (AQ) as described in § 145-15C, all of the underlying land use district rules shall remain in effect except as specifically modified by this § 145-15. In case of a conflict between this § 145-15 and the underlying use regulations, the more restrictive shall control.
C.
Delineation and description of the Aquifer Overlay District. The Aquifer Overlay District is divided into two zones, the Principal Aquifer Zone (PAZ) and the Upland Aquifer Zone (UAZ), and shall include all land, existing structures, and improvements within the boundaries delineated on the Aquifer Overlay District Map. Because the recharge areas for many public water systems and private wells in the Town of Dover overlap, the boundaries of the AQ are defined broadly to ensure maximum protection in applying these regulations.
(1)
The PAZ includes the Valley Bottom Aquifer System as defined in § 145-15G, all locations within 150 vertical feet of the Wappinger group geologic formation (including mountainside areas on Dover's west valley wall, well penetrations, and quarry excavations), and additional existing and future wellhead protection areas surrounding community water systems within the Upland Aquifer Zone.
(2)
The UAZ includes all upland portions of the town where runoff flows toward the PAZ either directly or via stream systems.
(3)
Within both the PAZ and the UAZ, any wells for identified and declared public water systems shall be protected by a circular wellhead buffer with a two-hundred-foot radius. These areas shall be designated "wellhead buffers" and shall be protected as detailed below.
D.
General provisions for the Aquifer Overlay District.
(1)
The manufacture, use, storage, or discharge of any products, materials or by-products subject to these regulations, such as wastewater, solid waste, hazardous materials, or any pollutant, must conform to the requirements of these regulations.
(2)
Any person or entity preparing an environmental assessment form or an environmental impact statement per 6 NYCRR 617 shall file a copy with the nearest public water system owners (as identified to the applicant by the Secretary of the Town of Dover Planning Board), the Town of Dover Planning Board, and the Town of Dover Conservation Advisory Commission.
(3)
Any person who is responsible for a discharge of a hazardous substance, hazardous waste, petroleum product, or radioactive material shall immediately notify the Town Clerk of such discharge.
E.
Aquifer Overlay District specific regulations by zone.
(1)
Wellhead buffers.
(a)
Wellhead buffers at all public water systems, including community water systems, installed after the effective date of this § 145-15 shall be protected and controlled through direct ownership of the land or through the acquisition of protective easements or other appropriate measures by the supplier of water in order to prevent contamination. Within wellhead buffers, all systems, facilities, and activities are prohibited except for physical pumping and treatment facilities and controls. The wellhead buffer area shall not be used for any purpose other than public water supply, except when a permit has been issued by the appropriate local board for nonintrusive recreation uses such as hunting, fishing, picnicking, nature study, or hiking. The wellhead buffer area shall be posted prohibiting trespass for any purpose except as permitted in this Subsection E(1)(a).
(b)
The development of new water supply sources for public water systems installed and operated after the effective date of this § 145-15 shall be designed, constructed and maintained subject to the approval and enforcement authority of the Dutchess County Health Department, New York State Department of Environmental Conservation and New York State Department of Health so as to eliminate the opportunity for pollution to enter the water sources.
(c)
The physical pumping facilities and controls for all public water systems shall be protected against damage from tampering by fencing or other enclosures or by their manner of construction and installation.
(2)
Principal aquifer and upland aquifer zones.
(a)
Wastewater treatment systems.
[1]
All wastewater treatment systems, including residential septic systems for domestic use, which discharge to groundwater and receive wastewater without the admixture of industrial or other wastes, as those terms are defined in 10 NYCRR 100, Subpart 112.5, in quantities of less than 1,000 gallons per day, shall be designed, installed and maintained in accordance with the standards established in 10 NYCRR 75 (Appendix 75A). The operation of these wastewater treatment systems shall also comply with all wastewater disposal standards promulgated by the Dutchess County Health Department where such standards are more stringent than those defined in 10 NYCRR 75 (Appendix 75A).
[2]
All other wastewater treatment systems, including design, installation and maintenance, are subject to and must comply with permits issued by the New York State Department of Environmental Conservation.
(b)
Point source discharges. Point source discharges, other than discharges authorized by permits issued by the New York State Department of Environmental Conservation, are prohibited.
(c)
Animal waste, fertilizer and pesticides.
[1]
The storage or stockpiling of manure and other animal waste for use in agricultural operations, agricultural use of fertilizers and land application of manure, and pesticide (including herbicide) storage and use shall comply, to the extent practicable, with the practices detailed in the most current versions of "Controlling Agricultural Nonpoint Source Water Pollution in New York State — A Guide to the Selection of Best Management Practices to Improve and Protect Water Quality" published by the Bureau of Technical Services and Research, Division of Water, or "Agricultural Management Practices Catalogue for Nonpoint Source Pollution Prevention and Water Quality Protection in New York State." These documents are available for public inspection and reference at the office of the Town Clerk. Assistance in applying these standards is available from the Dutchess County Soil and Water Conservation District and the Natural Resources Conservation Service at the Dutchess County Farm and Home Center.
[2]
Open storage of fertilizers is prohibited.
[3]
Fertilizers, pesticides, and herbicides shall not be applied in a manner or at a rate which contributes to or causes a contravention of the water quality standards set forth in 6 NYCRR 700 to 705.
[4]
Pesticide storage and use (including herbicides) are subject to the approval of, and shall comply with the regulations of, the New York State Department of Environmental Conservation.
[5]
Disposal of pesticides, including herbicides, is prohibited unless authorized by permit issued by the New York State Department of Environmental Conservation.
[6]
Disposal of water used for pesticide makeup water or for washing of pesticide equipment is prohibited unless authorized by permit issued by the New York State Department of Environmental Conservation.
[7]
Use of streams as sources of water or for the washing of equipment used in conjunction with pesticide or herbicide application is prohibited.
[8]
Lawn chemicals (pesticides and herbicides) shall not be applied within 25 linear feet of any watercourse.
[9]
Individuals responsible for oversight of the land uses on private lands are encouraged to consult with the Dutchess County Soil and Water Conservation District and the Natural Resources Conservation Service for proper selection, implementation, and funding of Best Management Practices referred to in Subsection E(2)(c)[1] above.
(d)
Sediment generation.
[1]
Farm tillage practices shall comply to the extent practicable with the most current versions of "Controlling Agricultural Nonpoint Source Water Pollution in New York State — A Guide to the Selection of Best Management Practices to Improve and Protect Water Quality," published by the Bureau of Technical Services and Research, Division of Water, or "Agricultural Management Practices Catalogue for Nonpoint Source Pollution Prevention and Water Quality Protection in New York State," referred to in Subsection E(2)(c)[1] above.
[2]
Land disturbing activities which may result in deterioration of the quality or quantity of private and public water supply sources, including but not limited to general construction, highway construction, access road construction and maintenance, are prohibited except where measures have been put in place to manage stormwater runoff during and after construction and to prevent erosion and sediment production.
[3]
Practices detailed in the most current edition of "Reducing the Impacts of Stormwater Runoff from New Development," published by the Bureau of Water Quality Management, Division of Water, shall be followed to the greatest extent practicable.
[4]
Site plans submitted to the Town of Dover Planning Board shall clearly describe all land disturbing activities and sediment reduction measures to be implemented during all phases of construction, and the plans for ground disturbance shall be in accordance with Chapter 65 of the Town Code and shall be approved by the Town Engineer before any construction is to begin or permit is issued.
[5]
Individuals responsible for oversight of the land uses on private lands should consult with the Dutchess County Soil and Water Conservation District and the Natural Resource Conservation Service for proper selection and implementation of Best Management Practices.
(e)
Petroleum storage.
[1]
Aboveground or underground petroleum storage tanks, including design, installation and maintenance, are subject to the approval of and must comply with the regulations of the New York State Department of Environmental Conservation.
[2]
Abandoned aboveground or underground petroleum storage tanks must comply with the closure requirements of 6 NYCRR 613.9.
[3]
Any storage tank(s) installed or replaced after the effective date of this section, where storage capacity is less than 1,100 gallons, must be above ground or fully visible for inspection within a basement or other interior space. Delivery lines must be as short as practicable and in good condition.
[4]
Aboveground or underground petroleum storage tanks over 1,100 gallons and subject to New York State Department of Environmental Conservation (DEC) regulations must comply with DEC's regulations, including those pertaining to berms, dikes, and other appropriate secondary containment construction to prevent the ingress of stored materials into the ground in the event of a tank leak or discharge.
(f)
Hazardous substance bulk storage. The storage of hazardous substances in bulk must comply with the regulations set forth in 6 NYCRR 596 and permits, orders, and approvals issued pursuant thereto by the New York State Department of Environmental Conservation.
(g)
Stockpiles.
[1]
Storage of chloride salts is prohibited except in structures designed to minimize contact with precipitation and constructed on low-permeability pads designed to control seepage and runoff; and
[2]
Storage of coal and/or cinders is prohibited except in structures designed to minimize contact with precipitation and constructed on low-permeability pads designed to control seepage and runoff.
(h)
Chloride salt application. Deicing chloride salt use is restricted to the minimum amount needed for public safety as determined by the Town Highway Superintendent.
(i)
Construction and closure of wells.
[1]
Oil and gas well construction, use, maintenance and abandonment are subject to the approval of and must comply with the regulations of the New York State Department of Environmental Conservation; and
[2]
Water system and other well construction, maintenance and abandonment are subject to the approval of and must comply with the regulations of the Dutchess County Health Department and the New York State Department of Health as set forth in standards and procedures contained in Section 5-1.22 of the State Sanitary Code and the New York State Department of Environmental Conservation under 6 NYCRR 601.
(j)
Cemeteries, veterinary hospitals and offices and funeral parlors. All cemeteries, veterinary hospitals and offices and funeral parlors shall be operated to prevent contamination of the public water supply per the New York State Environmental Conservation and Public Health Laws.
F.
Inspection and enforcement. The Code Enforcement Officer, or any persons charged with the maintenance or supervision of public water supply systems by their officers or their duly appointed representatives, shall make regular and thorough inspections of the identified protection zones to ascertain compliance with the rules and regulations set forth in this § 145-15. It shall be the duty of such officials to cause copies of any rules and regulations violated to be served upon the persons found to be in violation, together with notices of such violations. If such persons served do not immediately comply with the rules and regulations, the Code Enforcement Officer or the Town Board shall take enforcement action as provided in § 145-57.
G. AGRICULTURAL ASSOCIATED ANIMAL WASTE AQUIFER AQUIFER OVERLAY DISTRICT AQUIFER RECHARGE AREAS CHLORIDE SALT COMMUNITY WATER SYSTEM DECLARED WELLHEAD DISCHARGE FERTILIZER GROUNDWATER HERBICIDE MANURE NONAGRICULTURAL ASSOCIATED ANIMAL WASTE NONCOMMUNITY WATER SYSTEM NONPOINT DISCHARGE NONTRANSIENT NONCOMMUNITY WATER SYSTEM OPEN STORAGE PEST:(1) (2) PESTICIDE POINT SOURCE DISCHARGE POLLUTANT PRINCIPAL AQUIFER ZONE PUBLIC WATER SUPPLY PUBLIC WATER SYSTEM RECYCLABLES HANDLING AND RECOVERY FACILITY STATE POLLUTANT DISCHARGE ELIMINATION SYSTEM OR SPDES STORMWATER RUNOFF RECHARGE BASIN STRUCTURE SUPPLIER OF WATER UPLAND AQUIFER ZONE VALLEY BOTTOM AQUIFER SYSTEM (VBAS)(1) (a) (b) (c) (d) (2) WAPPINGER GROUP GEOLOGIC FORMATION WASTEWATER WASTEWATER TREATMENT SYSTEM WATERCOURSE WATERSHED WELL WELLHEAD BUFFER ZONE WELLHEAD PROTECTION ZONE
Definitions of terms used in Aquifer Overlay District regulations. As used in this section, the following terms shall have the meanings indicated:
Manure obtained from agricultural activities.
A consolidated or unconsolidated geologic formation, group of formations or part of a formation capable of yielding a significant or economically useful amount of groundwater to wells, springs or infiltration galleries.
The areas delineated on the Aquifer Overlay District Map.
Areas that have soils and geological features that are conducive to allowing significant amounts of surface water to percolate into groundwater.
Any bulk quantities of chloride compounds and other deicing compounds intended for application to roads, including mixes of sand and chloride compounds in any proportion where the chloride compounds constitute over 8% of the mixture. A bulk quantity of chloride compounds means a quantity of 1,000 pounds or more but does not include any chloride compounds in a solid form, including granules, which are packaged in waterproof bags or containers which do not exceed 100 pounds each.
A public water system which serves at least five service connections used by year-round residents or regularly serves at least 25 year-round residents.
The exact, described location where a public water supply well can be accessed from the ground surface.
Any intentional or unintentional action or omission resulting in the releasing, spilling, leaking, pumping, pouring, emitting, emptying, or dumping into the waters of the state or onto lands from which the discharged substances or materials might flow or drain into said waters, or into waters outside the jurisdiction of the state, when damage may result to the lands, waters, or natural resources within the jurisdiction of the state.
Any commercially produced mixture generally containing phosphorous, nitrogen, and potassium which is applied to the ground to increase nutrients to plants.
Water contained in interconnected pores and fractures located below the water table in an unconfined aquifer or in a confined aquifer.
Any substance or mixture of substances intended for preventing, destroying, repelling, or mitigating any weed, and being those substances defined as herbicides pursuant to Environmental Conservation Law § 33-0101.
Animal feces and urine.
Manure obtained from nonagricultural industries.
A public water system that is not a community water system.
Discharges of pollutants not subject to SPDES (State Pollutant Discharge Elimination System) permit requirements.
A public water system that is not a community water system but is a subset of a noncommunity water system that regularly serves at least 25 of the same persons, four or more hours per day, for four or more days per week, for 26 or more weeks per year.
The holding of a material in a way that the material is exposed to the elements of nature.
Any insect, rodent, fungus or weed; or
Any other form of terrestrial or aquatic plant or animal life or virus, bacteria or other microorganism (except viruses, bacteria or microorganisms on or in living man or other living animals) which the Commissioner of Environmental Conservation declares to be a pest as provided by Environmental Conservation Law § 33-0101.
Any substance or mixture of substances intended for preventing, destroying, repelling, or mitigating any pest, and any substance or mixture of substances intended for use as a plant regulator, defoliant or desiccant, and being those substances defined as pesticides pursuant to Environmental Conservation Law § 33-0101 et seq.
Pollutants discharged from a point source as defined in Environmental Conservation Law § 17-0105.
Any material or by-product determined or suspected to be hazardous to human or environmental health.
The area delineated as the Principal Aquifer Zone on the Aquifer Overlay District Map.
The groundwater resources of the Town of Dover.
A community, noncommunity or nontransient noncommunity water system which provides piped water to the public for human consumption, if such system has at least five service connections or regularly services an average of at least 25 individuals daily at least 60 days out of the year. Such term includes:
A solid waste management facility, other than pickup and transfer vehicles, at which recyclables are separated from the solid waste stream, or at which previously separated recyclables are collected, for collection, storage, and off-site shipment.
The system established pursuant to Article 17, Title 8 of the Environmental Conservation Law for issuance of permits authorizing discharges to the waters of the State of New York.
A man-made device capable of retaining surface water runoff to induce groundwater infiltration.
A static construction of building materials affixed to the ground, such as a building, dam, display stand, gasoline pump, installed mobile home or trailer, reviewing stand, shed, sign, stadium, storage bin, or wall.
Any person who owns, operates, or formally takes part in the protection of a public or private water supply.
The area delineated as Upland Aquifer Zone on the Aquifer Overlay District Map.
The integrated aquifer system and its immediate recharge areas found in the valley bottom in the Town of Dover.
The VBAS includes the following:
All locations where outcrops of the Wappinger group geologic formation are present at grade.
All locations where the Wappinger group geologic formation is the first bedrock formation found under unconsolidated soil materials.
All overburden soils (sand, gravel, clay, till, etc.) overlying the Wappinger group geologic formation.
All locations which do not overlie the Wappinger group geologic formation but where moderately or highly permeable overburden soils (K greater than 10-5 cm/sec), including stratified silt, sand, and/or gravel, are hydraulically connected to, and contiguous to, overburden soils overlying the Wappinger group geologic formation.
Further explanation of the VBAS is published in a 1998 water resources report prepared for the Town of Dover by the Chazen Companies.
The Cambrian-Ordovician carbonate shelf sequence in the Hudson Valley, equivalent to the Stockbridge formation in Connecticut. The Wappinger group formation includes the Stissing Dolostone, the Pine Plains Formation, the Briarcliff Dolostone, the Halcyon Lake Formation, the Rochdale Limestone, and the Copake Limestone, or equivalent units to these same. As an easy geologic test, any rock formation which, when scraped, will provide bubbles in the presence of muriatic acid (0.1M HCl) is probably a member of the Wappinger group geologic formation.
Aqueously carried waste, including but not limited to dredge spoil, solid waste, hazardous waste, incinerator ash and residue, septage, garbage, refuse, sludge, chemical waste, infectious waste, biological material, radioactive materials, heat, and industrial, municipal and agricultural waste.
Any treatment plant, sewer, disposal field, lagoon, pumping station, septic system, collection and distribution pipes, on-site disposal systems and seepage units, constructed drainage ditch or surface water intercepting ditch, or other systems not specifically mentioned in this definition, installed for the purpose of transport, treatment, neutralization, stabilization, storage, or disposal of wastewater.
Every spring, stream, wetland, marsh, water channel, or water body from which water may flow in the Town of Dover.
That land area which contributes water to a specific stream, aquifer, or aquifer recharge area or portion(s) thereof and which includes the Aquifer Overlay District Zones II and III.
Any present or future artificial excavation used as a source of public or private water supply which derives water from the interstices of the rocks or soils which it penetrates, including bored wells, drilled wells, driven wells, infiltration galleries, and trenches with perforated piping, but excluding ditches or tunnels, used to convey groundwater to the surface.
The area within a radius of 200 feet from any identified or declared well within the Aquifer Overlay District.
A protective zone or region surrounding or near a wellhead through which aquifer recharge enters the subsurface and flows toward a public water system well. For purposes of this section, an area which allows normal infiltration equaling the daily water requirements of the water system may be considered an adequate wellhead protection zone.
§ 145-16 Mixed-Use Institutional Conversion Overlay District (MC).
[Amended 9-27-2006 by L.L. No. 4-2006; 2-27-2008 by L.L. No. 1-2008; 8-6-2008 by L.L. No. 2-2008; 5-12-2010 by L.L. No. 1-2010]
A.
Findings and purpose. The purpose of this overlay district is to facilitate the redevelopment of the former Harlem Valley Psychiatric Center as a mixed-use community that fulfills the goals of the Town of Dover Master Plan and the purposes of this chapter as expressed in Article I. The town wishes to attract development to this site because it contains certain serviceable buildings and water and sewer infrastructure, as well as both highway and commuter rail transportation access. This overlay district is the most appropriate area of the town for intensive mixed-use development. The provisions of this overlay district are intended to streamline permitting and allow greater use flexibility. The regulations that follow require the preparation of a master development plan that shall be subject to review and approval by the Town Board with input from the Planning Board. Upon approval of the master development plan, an applicant shall be required to secure site plan approval for the various phases of the development from the Town Board in accordance with Article IX of this chapter, as applicable. As part of its review of the site plan, the Town Board shall refer the site plan to the Planning Board for its input and recommendation.
B.
Boundaries. The boundaries of the MC Overlay District are shown on the Overlay District Map.
C.
Effect of district. Within the Overlay District, all uses listed on the Use Table, Article III, § 145-10B, shall be permitted by right subject to site plan approval only. Any use not listed on the Use Table and not prohibited by § 145-10C may be allowed by special permit. Dimensional and density regulations and requirements for buffers between uses may be modified by the Town Board in the course of master development plan or site plan approval to fit the unique characteristics of the district. In addition, land use district classifications may be changed in the following ways:
(1)
The Town Board may, in its sole discretion, by zoning amendment granted at the request of an applicant, reclassify any portion of the overlay district to any other land use district except for the M District. In so doing, the Town Board shall make a finding that the reclassification is consistent with the purposes of the Town of Dover Master Plan and this chapter. The reclassification shall entitle the applicant to approval by right subject to site plan approval of all specially permitted uses in the district to which the use has been classified. The Town Board may attach such conditions as it finds necessary to ensure that the reclassification of land in the district will be in harmony with surrounding land uses and the purposes of the overlay district.
(2)
The Town Board may adopt a master development plan within the MC Overlay District for any portion of the property that includes at least 40 acres, which shall be consistent with the Town of Dover Master Plan and any other master plan for the site adopted by the Town Board. The master development plan shall include a narrative description of the overall plan, along with appropriate graphics, which show proposed street layouts, density and general use classifications, recreation and open spaces, principal and accessory buildings, off-street parking and major utility systems. The master development plan shall also present dimensional regulations, which shall be applicable to the development and project-specific design guidelines illustrating proposed architectural and site plan details. Said regulations and guidelines shall include off-street parking and loading standards applicable to the proposed development in the Overlay District. Project-specific guidelines shall consider and refer to the Hamlet Design and Building Form Guidelines produced by the Dutchess County Department of Planning and Development to the extent applicable. The design guidelines approved by the Town Board shall be used by the Architectural Review Board in any review it may conduct of property subject to the master development plan. A phasing plan shall also be provided in the master development plan. The Town Board may attach such conditions as it finds necessary to ensure that the master development plan will be in harmony with surrounding land uses and the purposes of the overlay district.
(3)
The Town Board shall refer any master development plan submitted by an applicant to the Town Planning Board for review and comment as part of the environmental review process. The Planning Board shall provide written comments within 62 days from its receipt of the master development plan and an accompanying draft environmental impact statement (DEIS) deemed complete pursuant to the requirements of the New York State Environmental Quality Review Act. The DEIS shall be submitted to the Planning Board in accordance with SEQRA and the referral set forth in this subsection.
D.
Subdivision and Chapter 65 approval. Notwithstanding anything in Chapter 125 (Subdivision of Land) of the Town Code of the Town of Dover, the Town Board shall have the sole power and authority to approve or disapprove plats for subdivisions related to projects proposed within the MC Overlay District. An applicant shall be required to secure subdivision approval for projects within the MC Overlay District in accordance with Chapter 125 of the Town Code, as applicable. Notwithstanding anything in Chapter 65 (Erosion and Sediment Control) of the Town Code of the Town of Dover, the Town Board shall have the sole power and authority to approve or disapprove any application subject to said Chapter 65 within the MC Overlay District. An applicant for a project within the MC Overlay District shall be required to secure approvals from the Town Board for matters subject to Chapter 65, in accordance with said chapter, as applicable.
E.
Site plan approval/amendments.
(1)
Criteria.
(a)
The master development plan approved by the Town Board shall provide the development framework for subsequent site plan review by the Town Board, which shall be undertaken by the Town Board in accordance with Article IX (Special Permits and Site Plan Review) of this chapter, as applicable. The Town Board shall refer the site plan to the Planning Board, which shall provide written comments to the Town Board within 62 days from its receipt of the site plan. At its sole risk, an applicant may submit a detailed site plan(s) to the Town Board for site plan approval for all or part of an MC Overlay development concurrently with the Town Board review of the master development plan, provided that approval of a site plan may not occur until the Town Board approves the master development plan.
(b)
No site plan or site plan amendment shall be approved by the Town Board unless the Town Board determines that such site plan or site plan amendment complies in all material respects with the master development plan adopted by the Town Board.
(c)
A site plan, or any site plan amendment hereunder, shall be deemed to comply in all material respects with the master development plan adopted by the Town Board, shall not constitute a substantial change for the purposes of the Town Board's implementation of § 145-68D, and presumptively shall not require supplemental review under SEQRA, if such site plan or site plan amendment meets the following criteria as compared to the adopted master development plan. In the case of a site plan amendment, such Amendment shall also be granted without a hearing under any provision of Chapter 145 of the Town Code, provided it meets the following criteria:
[1]
Does not increase traffic volumes generated by the approved site plan as calculated pursuant to the most recent edition of the Institute of Transportation Engineer's Trip Generation manual by more than 10%;
[2]
Does not increase the number of school children generated by the approved site plan by more than 10%;
[3]
Does not alter the aggregate gross residential density or nonresidential floor area in the approved site plan by more than 10%, provided that under no circumstances shall more residential units be allowed than are permitted under the master development plan approved by the Town Board as it relates solely for the purposes of implementing this § 145-16E. It is specifically intended that, consistent with the goal of allowing greater use flexibility in the MC Overlay District, a change in product or use mix shall not in itself constitute a substantial change;
[4]
Does not increase impervious surfaces in the approved site plan by more than 10%;
[5]
Does not increase the amount of sewage effluent or water consumption (gpd) by more than 10%;
[6]
Conforms or substantially conforms with any design guidelines or other conditions adopted in connection with the approved site plan; and
[7]
Does not increase by more than 10% any encroachment on:
[a]
Wetlands under the jurisdiction of the New York State Department of Environmental Conservation or the United States Army Corps of Engineers;
[b]
Slopes exceeding 15%; or
[c]
Any environmental sensitive area specifically designated by the Town Board in connection with its approval of the original Master Development plan.
(2)
Based solely upon these objective criteria, the Town Board shall make a determination concerning any site plan amendment within 30 days of the complete submission of a request for such determination, containing the aforementioned information. Notwithstanding the foregoing, nothing herein shall exempt a site plan or site plan amendment from any applicable legal or regulatory requirements other than as set forth in Chapter 145 of the Town Code.
F.
Limitations on development.
(1)
Overall density of development.
(a)
The maximum density of residential development shall not exceed 1.5 dwelling units per gross acre of land. The gross acres of land within the district shall be determined by calculating, without any qualifications or deductions, the total acreage within the district, including roads, parking and loading areas, land under buildings, water bodies and other natural features.
(b)
The maximum square footage of nonresidential development shall not exceed a floor area ratio of 0.015, with the floor area ratio defined as the total square footage of all nonresidential uses divided by the gross acres of land within the district, as defined in § 145-16F(1)(a).
G.
Nonresidential development. Nonresidential development shall be designed within a mixed use hamlet center. It shall provide a variety of retail, restaurant, personal service, community facility, and other uses that support the proposed development and provide a focus for the immediate area, consistent with market conditions as defined in the SEQRA review process; provided, however that the total square footage of nonresidential development in the district shall total a minimum of 200,000 square feet of floor area.
H.
Protection of open space resources. All development in the MC Overlay District shall protect open space of "conservation value" by clustering development and utilizing traditional neighborhood design concepts, to the maximum extent practical. Open space deemed of "conservation value" includes the existing golf course, the Great Swamp River, New-York-State-designated wetlands, and the area on the east side of the MC Overlay District that includes steep slopes in excess of 15%, the reservoir and the Appalachian Trail.
I.
Vested rights. For 15 years following the approval of a master development plan by the Town Board, an applicant, or its successor(s) in interest, shall obtain vested rights to complete the development shown on said master development plan. All Town local laws, ordinances, and enactments, and all other Town zoning, planning, environmental rules, requirements or regulations, which are in effect at the time of the Town Board approval of a master development plan, shall remain applicable to said master development plan for 15 years, absent clear and convincing evidence of a necessity directly relating to the public health, safety or general welfare.
(1)
Rescission. The Town Board shall have the right to rescind any vested rights granted hereunder through approval of the master development plan for a particular applicant if, on the seventh-year anniversary of the master development plan approval, the Town Board finds in a written determination supported by substantial evidence that the applicant has not made reasonable progress in the development of the master development plan based upon commercially reasonable standards including the applicable economic conditions existing at that time.
(a)
For purposes of this determination, "reasonable progress" shall be evaluated by factoring the extent of the applicant's good faith:
[1]
Processing of applications with the Town of Dover and other governmental agencies with respect to implementing the approved master development plan;
[2]
Pursuit of the relevant financing; and/or
[3]
Progress in commencing and advancing construction of the approved master development plan, as well as identifying tenants for the commercial space. If requested, the applicant shall provide the Town Board with relevant documentation in connection with the aforementioned criteria, including, but not limited to, copies of filed applications, follow-up technical submissions, meeting minutes, and other relevant correspondence.
(2)
Extension. Upon the expiration of the aforementioned fifteen-year period or any time prior thereto, the Town Board shall have the right in its discretion to extend the vested rights granted hereunder based upon the level of progress by the applicant, or its successor(s), in completing the build-out of the master development plan. Nothing in this provision shall prohibit, preempt or otherwise prevent in any way an applicant from obtaining vested rights to complete any part of its approved master development plan by common law or otherwise.
§ 145-17 Soil Mining Overlay District (SM).
A.
Findings and purpose. The purpose of this overlay district is to provide appropriate locations for soil mining. Soil mining has historically been an important source of income to Dover's farms, providing financial stability and enabling them to continue operating during downturns in the farm economy. As the Town of Dover develops residentially, conflicts between mining and residential uses have been occurring with increasing frequency. The Town Board seeks to balance the need for soil mining to support bona fide agricultural operations while protecting the rural peace and quiet enjoyed by Town residents. The Town of Dover will therefore allow commercial mining only in those locations where it will help promote the Town's goals of maintaining rural character and a viable agricultural sector with minimum disturbance to residential neighbors. The SM District has been delineated to include mineral resources located on existing commercial farm operations that have adequate highway access and sufficient buffering from nearby residences.
B.
Boundaries. The boundaries of the SM District are shown on the Land Use District Map.
C.
Effect of district. The land within the SM District is the only land in the Town of Dover, other than the M Industrial District, where new soil mines may be permitted and where existing soil mines will be allowed to renew their permits from the New York State Department of Environmental Conservation. All new soil mining operations or expansions of existing soil mining operations shall require a special permit from the Town Board, subject to all applicable special permit requirements in §§ 145-60 through 145-64 and to the supplementary regulations in § 145-42.