Dover City Zoning Code
ARTICLE VII
Supplementary Regulations
§ 145-30 Supplementary dimensional regulations.
A.
Wetlands in lot area calculations. In computing minimum lot sizes pursuant to the Dimensional Table, the area of wetlands shall be subtracted from total acreage in the lot area calculation.
B.
Corner lots and through lots. Wherever a side or rear yard is adjacent to a street, the front setback shall apply to such side or rear yard. Corner lots shall be deemed to have two front yards, two side yards, and no rear yard.
C.
Projections into required yards.
(1)
The following projections into required yards shall be permitted:
(2)
Carport. An open or enclosed carport shall be considered a part of the building in determining compliance with setback requirements.
(3)
Porch. An open or screened porch may project eight feet into a front setback area.
(4)
Driveways. Driveways on lots with 100 feet or more of road frontage shall be set back at least 20 feet from side lot lines, except that common driveways may occupy any part of a side yard adjoining the lot of another user of the common driveway. On lots with less than 100 feet of frontage, no side yard setback shall be required.
D.
Height exceptions.
(1)
The height limitations in the Dimensional Table shall not apply to any flagpole, radio or television receiving antenna, spire or cupola, chimney, elevator or stair bulkhead, parapet or railing, water tank, or any similar nonhabitable structure, provided that such structure is firmly attached to the roof or side of a building and covers no more than 10% of the roof area.
(2)
Barns, silos, solar energy systems, communication towers, and wind energy conversion systems may exceed height limits in the Dimensional Table, provided that they comply with applicable sections of this Article VII, and provided that for every one foot by which such structures exceed the height limit, the minimum setback requirements are increased by one foot.
E.
Setbacks for accessory structures and uses.
(1)
Any accessory structure attached to a principal building and any detached barn, garage, stable, tennis court, or swimming pool shall comply with the minimum setback requirements of this chapter applicable to the principal building. Other detached accessory structures or uses may encroach into required setback areas provided that they:
(a)
Are not used for human habitation;
(b)
Have a footprint no larger than 200 square feet;
(c)
Do not exceed 16 feet in height;
(d)
Do not occupy more than 10% of a rear setback area;
(e)
Are set back at least 10 feet from side or rear lot lines;
(f)
Are not located closer to the street than the front yard setback required for a principal building, except for fences, gates, mailboxes, newspaper receptacles, signs, sand storage bins, bus shelters, and similar roadside structures with less than 100 square feet of footprint, as well as ornamental structures such as entry pillars and statues; and
(g)
Are not used for housing animals.
(2)
For corner lots, the setback from all streets shall be the same for accessory structures as for principal buildings.
F.
Setbacks involving irregular buildings and lot lines. Where structures or lot lines are irregular or unusual in configuration, all points on the structure shall satisfy the minimum setback requirements from that point on the lot line which is the shortest distance from the structure.
G.
Fences (including hedges) and walls.
(1)
The setback requirements of this chapter shall not apply to retaining walls of any height or to fences less than six feet high in any side or rear yard, except where corner clearances are required for traffic safety.
(2)
The setback requirements of this chapter shall not apply to any front yard fences or walls less than four feet high, except that customary agricultural wire, board, or split rail fencing which does not obstruct visibility may be higher.
(3)
Within the M Zoning District, the setback requirements of this chapter shall not apply to fences less than 10 feet high in any side or rear yard of any property which borders another property in the M Zoning District, or which abuts a rail line.
[Added 1-30-2013 by L.L. No. 1-2013]
H. 
Corner clearance/visibility at intersections. Where necessary to provide visibility for traffic safety, the Highway Superintendent or the Planning Board may require all or a portion of any corner lot which is shown shaded in Sketch A to be cleared of all growth (except isolated trees) and other obstructions that block visibility of traffic on an intersecting street. The Planning Board may require excavation to achieve visibility. This provision shall not apply to intersections with traffic signals or four-way stop signs.
I.
Reduction in lot area. No conforming lot shall be reduced in area in a manner that violates the dimensional requirements of this chapter.
§ 145-31 Rural siting principles.
The following guidelines shall apply to the siting of nonresidential uses that are subject to site plan or special permit approval. They are recommended but not required for the siting of individual residences.
A.
Wherever feasible, retain and reuse existing old farm roads and lanes rather than constructing new roads or driveways. This minimizes clearing and disruption of the landscape and takes advantage of the attractive way that old lanes are often lined with trees and stone walls. (This is not appropriate where reuse of a road would require widening in a manner that destroys trees or stone walls.)
B.
Preserve stone walls and hedgerows. These traditional landscape features define outdoor areas in a natural way and create corridors useful for wildlife. Using these features as property lines is often appropriate, as long as setback requirements do not result in constructing buildings in the middle of fields.
C.
Avoid placing buildings in the middle of open fields. Place them either at the edges of fields or in wooded areas. Septic systems and leach fields may be located in fields, however.
D.
Use existing vegetation and topography to buffer and screen new buildings if possible, unless they are designed and located close to the road in the manner historically found in the town. Group buildings in clusters or tuck them behind tree lines or knolls rather than spreading them out across the landscape in a sprawl pattern.
E.
Minimize clearing of vegetation at the edge of the road, clearing only as much as is necessary to create a driveway entrance with adequate sight distance. Use curves in the driveway to increase the screening of buildings.
F.
Site buildings so that they do not protrude above treetops and crest lines of hills as seen from public places and roads. Use vegetation as a backdrop to reduce the prominence of the structure. Wherever possible, open up views by selective cutting of small trees and pruning lower branches of large trees, rather than by clearing large areas or removing mature trees.
G.
Minimize crossing of steep slopes with roads and driveways. When building on slopes, take advantage of the topography by building multilevel structures with entrances on more than one level (e.g., walkout basements and garages under buildings) rather than grading the entire site flat. Use the flattest portions of the site for subsurface sewage disposal systems and parking areas.
§ 145-32 Erosion and sediment control.
§ 145-33 Sanitary disposal and water supply.
A.
Sanitary disposal. No person shall construct any structure in the town without meeting applicable requirements of the town, the Dutchess County and New York State Departments of Health, the New York State Department of Environmental Conservation, and other governmental authorities that regulate water supply and sewage disposal systems. Issuance of a certificate of occupancy shall be subject to sanitary system inspection and certification by the Dutchess County Department of Health and compliance with all conditions imposed by any other governmental authority.
B.
Water supply. The Planning Board may require an applicant for any subdivision, special permit, or site plan approval to provide evidence of water availability and may require test wells and professional hydrological studies sufficient to establish that a proposed development will have adequate supplies of potable water and will not adversely affect any aquifer resource or the supply or quality of drinking water in the surrounding area. (See § 145-15.)
§ 145-34 Excavation, grading and clear-cutting.
A.
Excavation and grading necessary for the construction of a structure for which a building permit has been issued shall be permitted, provided that it does not adversely affect natural drainage or structural safety of buildings or lands, cause erosion or sedimentation, or create any noxious conditions or hazard to public health or safety.
B.
In the event that construction of a structure is stopped prior to completion and the building permit expires, the premises shall be promptly cleared of any rubbish or building materials by the property owner, and any open excavation with a depth greater than two feet below existing grade shall either be promptly filled in and the topsoil replaced or shall be entirely surrounded by a fence at least six feet high that will effectively block access to the area of the excavation.
C.
The Planning Board may, in connection with a major project site plan or major subdivision, require an applicant to furnish an irrevocable letter of credit, certified check, or other form of security to guarantee reclamation of areas to be excavated or graded if a project is abandoned. Such security shall be for an amount reasonably related to the potential cost of such reclamation and shall be in a form deemed acceptable by the Town Attorney.
E.
No excavation or grading and no clear-cutting of 10,000 square feet or more in preparation for site development shall be undertaken prior to the grant of any special permit, site plan, or subdivision approval required for such development.
F.
Excavation of any area exceeding 2,000 square feet and/or clear-cutting of any area exceeding three acres shall require a zoning permit from the Code Enforcement Officer, unless such excavation or clear-cutting is performed pursuant to an approved site plan, special permit, subdivision, or building permit or as a normal and customary activity in conjunction with commercial logging or a farm operation (as defined in Article XII).
§ 145-35 Wetland and watercourse protection.
The town finds that protection of its wetlands and watercourses helps to maintain water quality and the health of natural ecosystems, reduces flooding, erosion, and sedimentation, and protects important wildlife habitat areas. The town also recognizes that both the state and federal governments regulate wetlands and desires to avoid duplicating regulatory programs while cooperating with state and federal agencies. To ensure that development minimizes damage to wetlands and watercourses, the town establishes the following requirements in addition to the Stream Corridor Overlay District provisions of § 145-14.
A.
State and federal wetland permit coordination. All applicants for any town permit or approval that might result in disturbance to a wetland or watercourse shall, as early as possible in the application process, apply to the New York State Department of Environmental Conservation (DEC) and/or the United States Army Corps of Engineers (ACOE), as appropriate, for any applicable permits. The applicant shall submit copies to the town of any application to or correspondence with ACOE and DEC concerning required wetland permits for the project.
B.
Required watercourse and wetland mapping and delineation. Any site plan, plot plan, building permit or zoning permit application, variance application, subdivision plat, preliminary subdivision plat, or other plan submitted to a town regulatory board or official shall show the location and stream classification of all watercourses and the location of any DEC-regulated wetlands and wetland buffers on the parcel, as determined by a DEC field delineation, if available, or from current DEC wetland maps. If the proposal requires that a wetland delineation be performed for the ACOE, the applicant shall submit a copy of such delineation to the reviewing board or official. If no delineation is submitted and the reviewing board or official has reason to believe that the proposal would involve disturbance to wetlands, the applicant may be required either to submit a wetland delineation or to obtain a certification from a qualified wetlands expert that there are no wetlands within the area proposed to be disturbed. A wetland delineation may also be required if necessary to determine allowable maximum density for a flexible development pursuant to § 145-19A.
C.
Imposition of conditions to protect wetlands and watercourses. The reviewing board or official shall ensure that applicants comply with the requirements of DEC and ACOE and shall impose appropriate conditions to minimize damage to wetlands and watercourses. Such conditions may include modifications in the size and scope of a proposed project, as well as changes in the location of structures or other improvements on the parcel.
§ 145-36 Steep slope regulations.
The town finds that the alteration of steep slope areas poses potential risks of erosion, sedimentation, landslides, and the degradation of scenic views. Accordingly, the following requirements are hereby imposed in areas with slopes exceeding 15%. Where a soil erosion and stormwater control plan is required by § 145-32, such plan shall provide the information needed to comply with this § 145-36.
A.
For any subdivision, special permit, site plan, building permit, zoning permit, or variance that involves the disturbance of slopes greater than 15%, conditions shall be attached to ensure that:
(1)
Adequate erosion control and drainage measures will be in place so that erosion and sedimentation do not occur during or after construction.
(2)
Cutting of trees, shrubs, and other natural vegetation will be minimized, except in conjunction with logging operations performed pursuant to applicable guidelines of the New York State Department of Environmental Conservation.
(3)
Safety hazards will not be created due to excessive road or driveway grades or due to potential subsidence, road washouts, landslides, flooding, or avalanches.
(4)
Proper engineering review of plans and construction activities will be conducted by the town to ensure compliance with this section, paid for by escrow deposits paid by the applicant.
(5)
No certificate of occupancy will be granted until all erosion control and drainage measures required pursuant to this section have been satisfactorily completed.
B.
Slope determinations shall be made based upon the topographic information required for a particular approval, along with such other topographic information as a reviewing board or official shall reasonably require or the applicant shall offer. In cases of uncertainty or dispute, a qualified professional retained by the town, at the applicant's expense, shall determine the location of regulated slopes.
C.
For purposes of determining the location of steep slope areas, only contiguous slopes containing at least 5,000 square feet of steep slopes, as defined above, shall be considered. Within the HM and HR Districts, contiguous slopes containing at least 1,500 square feet shall be considered.
§ 145-37 Protection of agriculture.
A.
Agricultural buffers. Wherever agricultural uses and other uses unrelated to the agricultural operations abut, the applicant for the nonagricultural use shall provide buffers to reduce the exposure of these abutting uses to odors, noise, and other potential nuisances associated with the agricultural operation. Such buffers may consist of vegetative screening, woodlands, vegetated berms, or natural topographic features.
B.
Required disclosure. In the case of any proposed residential development that abuts agricultural uses, the Planning Board shall require the applicant to issue a disclosure to potential purchasers of lots or dwelling units as follows: "This property adjoins land used for agricultural purposes. Farmers have the right to apply approved chemical and organic fertilizers, pesticides, and herbicides and to engage in farm practices which may generate dust, odor, smoke, noise and vibration." This disclosure shall be required as a note on a subdivision plat or site plan and may also be required to be made through other means reasonably calculated to inform a prospective purchaser, such as by posting, distribution of handbills, inclusion in an offering plan or real estate listing information sheet, or letter of notification. This section may also be applied to any commercial development at the discretion of the Planning Board.
C.
Agricultural data statement. Any application for a special permit, site plan approval, use variance, or subdivision approval requiring municipal review and approval by the Town Board, Planning Board, or Zoning Board of Appeals that would occur on property within an agricultural district containing a farm operation, or on property with boundaries within 500 feet of a farm operation located in an agricultural district, shall include an agricultural data statement as defined in § 145-74. The reviewing board shall evaluate and consider the agricultural data statement in its review of the possible impacts of the proposed project upon the functioning of farm operations within the agricultural district.
§ 145-38 Off-street parking and loading.
A.
Off-street parking.
(1)
Purpose. The town finds that large and highly visible parking areas represent one of the most objectionable aspects of commercial development. Such parking lots damage the historic layout and architectural fabric of hamlet areas, harm the natural environment and visual character of the community, interfere with pedestrian safety and accessibility, and reduce the quality of life in developed areas. However, the town also recognizes that inadequate parking can diminish quality of life by creating traffic congestion, safety hazards, and inconvenience. The town therefore seeks to balance the need for adequate parking with the need to minimize harm resulting from the provision of parking and to avoid the negative impacts of excessive parking lot construction.
(2)
Minimum parking required for residential uses.
(a)
For a single-family or two-family dwelling: two spaces per dwelling unit.
(b)
For a multifamily dwelling: 1 1/2 spaces per dwelling unit.
(c)
These requirements may be reduced for dwelling units with less than 1,000 square feet of floor space, senior citizen housing, mixed-use development, or other appropriate circumstances if the Planning Board determines that such reductions are warranted.
(3)
Parking requirements for nonresidential uses. The number and layout of parking spaces for nonresidential uses shall be based on the need to protect public safety and convenience while minimizing harm to the character of the community and to environmental, historic, and scenic resources. Since nonresidential uses vary widely in their need for off-street parking, parking requirements shall be based on the specific operational characteristics of the proposed uses. The provisional parking standards in Subsection A(3)(a) below shall be applied and may be varied by the Planning Board according to the criteria in Subsection A(3)(b) below.
(a)
Provisional parking standards.
[1]
Retail or service business uses: four spaces per 1,000 square feet of enclosed floor space.
[2]
Industrial/warehouse uses: two spaces per 1,000 square feet of enclosed floor space or one space per employee.
[3]
Office uses: three spaces per 1,000 square feet of floor space.
[4]
Lodging facility: one space for each bedroom plus one space for each nonresident employee and one space for every 200 square feet of floor space for meetings and functions.
[5]
Restaurants, theaters, and other places of public assembly: one space for every three seats.
[6]
Uses not listed above: as appropriate to the circumstances.
(b)
Criteria for applying provisional standards. In applying or modifying the provisional parking standards for any proposed use, the Planning Board shall consider:
[1]
The maximum number of vehicles that would actually be parked at the use at times of peak usage. Parking spaces shall be sufficient to satisfy 85% of the anticipated peak demand. The likelihood of people walking, bicycling, or carpooling to the proposed use shall be taken into consideration.
[2]
The size of the structure(s) and the site.
[3]
The environmental, scenic, or historic sensitivity of the site (including applicable limitations on impermeable surfaces). In cases where sufficient area for parking cannot be created on the site without disturbance to these resource values, the Planning Board may require a reduction in the size of the structure so that the available parking will be sufficient.
[4]
The availability of safely usable on-street parking.
[5]
The availability of off-site off-street parking within 400 feet that is open to the public, owned or controlled by the applicant, or available on a shared-use basis, provided that the applicant dedicates such off-site land for public parking or demonstrates a legal right to shared use.
[6]
The requirements for parking for the disabled as prescribed by the Americans with Disabilities Act.
(c)
Set-aside for future parking. The Planning Board may, as a condition of reducing the provisional parking standards, require an applicant to set aside additional land to meet potential future parking needs. Such land may remain in its natural state or be attractively landscaped but may not be used in a manner that would prevent it from being developed for parking in the future.
(d)
Parking lot as accessory use to residential dwelling. Parking spaces may be made available for nonresidential uses on residential lots in the HM District by special permit. Such spaces shall be screened from adjoining properties and roads and shall not exceed five spaces per lot.
(e)
Fee in lieu of parking space. Where the required spaces cannot be provided on site and are not currently available on the street and/or in municipal parking lots, the applicant shall pay a fee in lieu of one or more required spaces in an amount established by the Town Board sufficient to cover the estimated cost of providing additional public parking spaces. Such fee shall be kept in a dedicated fund for municipal parking purposes and shall be used for such purposes within three years or returned to the applicant (or the applicant's successor).
(4)
Design, layout and construction of parking areas.
(a)
Location and screening.
[1]
All off-street parking shall be located behind or to the side of the principal building, except as provided in Subsection A(4)(a)[2] and [3] below. Parking spaces located in a side yard shall, if possible, be screened from public view. Adjoining parking areas shall be connected directly to one another or to a service road or alley wherever feasible to reduce turning movements onto roads.
[2]
Within any district, parking may be located anywhere on the site if it is screened from public roads and adjoining properties.
[3]
Within the HC District only, a maximum of one row of on-site parallel, perpendicular, or diagonal parking may be located in front of the principal building but not within the required front yard. If any parking spaces are located in front of the principal building, the minimum front yard setback shall be increased by 30 feet and shall be planted with alternating double rows of trees or, if wooded, left in its natural state.
[4]
If a parking lot containing 10 or more spaces lies within or borders the SR, RU, or RC District, a buffer zone at least 50 feet wide shall be planted with trees or dense vegetation to provide screening along all boundary lines, unless the adjoining properties are in the HC, CO, or M District or contain a nonresidential use.
(b)
Construction of parking areas. Parking areas shall be surfaced with a suitable durable surface appropriate for the use of the land, with adequate drainage. Surfacing, grading, and drainage shall facilitate groundwater recharge by minimizing impermeable pavement and runoff. Overflow or peak period parking surfaces shall be permeable. Oil traps may be required for larger paved parking lots.
(c)
Landscaping. Parking areas shall be designed and landscaped to avoid long, uninterrupted rows of vehicles by breaking them into separate parking lots divided by tree lines, alleys, pedestrian areas, or buildings. Parking lots containing more than 40 spaces shall be divided into smaller areas by landscaped islands at least 15 feet wide located no more than 120 feet apart. All islands shall be planted with three-inch minimum caliper shade trees at a density of at least one tree for every 20 linear feet of island. Parking lots containing fewer than 40 spaces shall provide at least one three-inch minimum caliper shade tree per eight spaces.
(d)
Lighting. Lighting within parking lots shall be on low poles of 12 feet to 15 feet maximum height, with color-corrected lamps and cutoff luminaires designed to minimize glare and light pollution. Design of poles and luminaires shall be compatible with the style of the architecture and adjoining streetscape treatment. Sidewalks leading from parking lots shall be lit with bollard lighting and indirect illumination of buildings and vegetation.
B.
Off-street loading.
(1)
General requirement. Loading docks and service access areas shall be located in a manner that minimizes visual intrusion on public spaces and ensures pedestrian and automobile safety by separating truck traffic and loading operations from pedestrian and automobile circulation. Where appropriate, loading docks shall be screened by walls extending from a building face or placed within arcades or other architectural features designed to blend them with the architecture of the building. Adjacent buildings shall be sited to allow shared access to loading docks through the use of common loading zones or service alleys.
(2)
Exception for Hamlet Mixed-Use District. The need to maintain the traditional layout and historic character of the town's hamlets may preclude the establishment of modern loading facilities in some older buildings in the HM District. In such situations, the requirements of Subsection B(1) above shall not apply and on-street loading shall be permitted.
§ 145-39 Signs.
[Amended 12-23-2009 by L.L. No. 3-2009; 7-30-2014 by L.L. No. 5-2014]
A.
Purpose. The purpose of this section is to control the location, size, quantity, character, and lighting of signs in order to maintain the attractive appearance of the Town and avoid conditions of clutter and unsightliness. Through these regulations the Town seeks to:
(1)
Protect public health and safety by ensuring that signs do not create dangerous conditions, obstruct vision necessary for traffic safety, or confuse, distract, or mislead motorists, bicyclists, or pedestrians; and
(2)
Promote the general welfare by creating a more attractive visual environment that preserves the Town's historic and rural character, protects property values, encourages economic growth, and minimizes negative impacts of signs on adjoining properties.
B.
Exempt signs. The following types of signs may be erected and maintained without zoning permits, board review, or fees, provided that these signs comply with the general regulations in § 145-39F and with all other requirements of this chapter. As used in this Subsection B, the term "residential uses" shall include mixed-use lots on which at least 50% of the floor space is residential.
(1)
Permanent signs.
(a)
Signs not exceeding one square foot in area and bearing only property numbers, postal route box numbers, or names of occupants of premises.
(b)
One sign, not exceeding 24 square feet in area, designating a farm.
(c)
Flags and insignia of any government, except when displayed in connection with commercial promotion.
(d)
Commercial and noncommercial information signs. Signs providing noncommercial information to the public, including community service information signs, public utility information signs, safety signs, danger signs, no trespassing signs, signs indicating scenic or historic points of interest, traffic control signs, hours of operation, directional parking signs, and all signs erected by a public officer in the performance of a public duty.
(e)
One on-premises sign, either freestanding or attached, in connection with any residential building, for permitted home occupations. Such signs shall not exceed two square feet and must be set back at least 10 feet from the highway right-of-way. Such signs shall state name and occupation only and shall not be illuminated.
(2)
Temporary signs. The following types of signs may be erected and maintained without zoning permits, board review, or fees, provided that these signs comply with the general regulations in § 145-39F and with all other requirements of this chapter.
(a)
Temporary, nonilluminated "For Sale" or "For Rent" real estate signs and signs of similar nature, concerning the premises upon which the sign is located. For residential uses, one sign per lot, not exceeding six square feet per side and must be set back at least 10 feet from the highway right-of-way. For business or industrial uses, one sign per lot, not exceeding 12 square feet, set back at least 15 feet from all property lines. All such signs shall be removed within three days after closing of the sale, lease, or rental of the premises.
(b)
Temporary, nonilluminated window signs and posters not exceeding 40% of each window surface. (Such signs are normally used to advertise specific products or sales and are removed or replaced on a regular basis.)
(c)
Two temporary signs for a roadside stand selling local agricultural produce in season, provided that such signs do not exceed 32 square feet each, are set back at least 10 feet from the public right-of-way, and are removed at the end of the selling season.
(d)
On-premises signs for garage sales and auctions, not exceeding four square feet, for a period not exceeding seven days per event.
(e)
Political posters, banners, and signs, not exceeding six square feet on residential uses or 16 square feet on nonresidential uses, provided that:
(f)
One sign, not exceeding six square feet on residential uses or 16 square feet on nonresidential uses, listing the architect, engineer, contractor and/or owner, on premises where construction, renovation, or repair is in progress.
(g)
Signs, portable or otherwise, advertising special events for nonprofit organizations, such as firemen's field days, church bazaars, bake sales, etc. Such signs shall not exceed 24 square feet in area and shall not be displayed for more than 30 days.
(h)
Signs required to be posted in connection with hearings on development applications, as provided in § 145-62F(3).
(i)
Signs marking areas of highway or utility construction, repair, or maintenance.
C.
Temporary new business signs: building permit required.
(1)
Temporary new business sign, to establish a new business, not to exceed 20 square feet, nonilluminated, wall/window mounted and valid for 90 days. This sign is permitted through a Building Department sign permit to allow a new business to open with a sign in place while seeking permanent sign approval. An application to the permitting authority must be submitted and the applicant must be scheduled to appear before the permitting authority within 90 days of issuance or violation will be issued. A one-time, ninety-day extension can be permitted as per review of the Building Inspector only if the application is in the process of permitting authority review.
(2)
All applications for temporary new business sign permits shall contain or have attached the following information:
(a)
The name, address and telephone number of the applicant.
(b)
The principal business or businesses conducted on the property.
(c)
The location on the building, structure or lot to which or upon which the sign or other advertising device is to be attached or located.
(d)
The size of the sign.
(e)
A description of the sign(s), including symbol, text, size of any lettering, material used, color of lettering or symbol and background.
D.
No permit required. Building Department document submissions are required and are to include the same documentation as required for temporary new business sign permits for:
(1)
Signs not exceeding four square feet directing the public to specific establishments may be allowed with proof of New York State Department of Transportation approval provided to the Town.
(2)
One neon sign not exceeding three square feet may be allowed inside the window of a business establishment.
(3)
Temporary sale/event signs for businesses, valid for 30 days, not permanently attached to the ground or permanent structure or a sign designed to be transported, for day-to-day operations. Building Department submission is required, and the sign is to be posted for not more than 30 days per event or notice of violation will be issued.
E.
Prohibited signs.
(2)
No exterior sign shall be illuminated internally, and no sign shall contain flashing, intermittent, rotating, or moving lights.
(3)
Portable signs that are mounted on wheels, including motor vehicles or trailers parked in one location on a long-term basis and functioning primarily as signs, shall be prohibited.
(4)
No permanent sign or any part thereof shall contain or consist of any moving, rotating, or revolving device.
F.
General sign regulations. All signs that are not prohibited by Subsection E above are regulated by this section. Signs that are not exempt under Subsection B shall require building permits. However, if signs are proposed in connection with any special permit or site plan application, such signs shall be reviewed and approved under applicable criteria for the principal uses and shall not require a separate building permit if constructed pursuant to an approved plan. All signs erected in connection with nonresidential or multifamily structures larger than 1,000 square feet gross floor area and/or in connection with a site plan approval shall also be subject to review by the permitting authority as provided in Local Law Number 3 of 1997.[1]
(1)
Permit applications. Applications for new signs or proposed changes in existing signs shall include a scaled drawing showing the type of lettering, sign dimensions, colors, materials, and method of illumination, if any, and a plan showing the location of the sign on the building or property. A building permit shall be required for any change in the size, shape, lighting, materials, or location of an existing sign.
(2)
Location and maintenance.
(a)
Signs shall be erected, constructed, and maintained in a manner that does not obstruct traffic movement or visibility or cause any hazard to public safety.
(b)
No signs shall be placed, painted, or drawn on utility poles, bridges, culverts, or other road or utility structures or signposts, or on trees, rocks, or other natural features, except that signs not exceeding one square foot posting property boundaries may be placed on trees. No signs shall be placed on municipally owned property without permission of the Town Board.
(c)
All signs shall be kept in good repair. Painted surfaces shall be kept neatly painted at all times.
(3)
Sign area, height and illumination.
(a)
Projecting signs. Projecting signs shall not exceed 16 square feet in area and shall not project more than four feet from the side of the building. The bottom of such signs shall be no lower than 10 feet and no higher than 15 feet above the finished grade.
(b)
Wall-mounted signs. Wall-mounted signs shall not exceed 32 square feet, extend more than one foot from the surface of the wall, cover more than 10% of the front surface of a building, cover a window, obscure architectural detailing, interrupt a roofline, or be placed on the roof of a structure.
(c)
Window signs. Signs placed in windows shall not cover more than 40% of the window area.
(d)
Awning signs. The valance portion of an awning may be used as a sign, with a maximum of 16 square feet of sign area. The bottom of the awning shall be at least eight feet above the finished grade.
(e)
Freestanding signs.
[1]
Individual freestanding signs for a sole business on a single lot shall not exceed 32 square feet in area nor 10 feet in height. The height of the sign shall be measured from the ground elevation to the top of the sign.
[2]
Plaza or multiple businesses in a structure.
[a]
Where there are five or fewer businesses: one sign structure shall not exceed a cumulative total of 65 square feet per sign structure, maximum height of 12 feet, and the individual components of such groupings shall be large enough to be read safely by passing motorists traveling at the speed limit. The height of the sign shall be measured from the ground elevation to the top of the sign.
[b]
Where there are five or more businesses: one sign structure shall not exceed a cumulative total of 80 square feet per sign structure, maximum height of 15 feet, and the individual components of such groupings shall be large enough to be read safely by passing motorists traveling at the speed limit. The height of the sign shall be measured from the ground elevation to the top of the sign.
(f)
LED service station. Permanent ground-mounted signs for use only by fuel service stations for the sole purpose of advertising fuel costs are allowed. Such signs may not display light of such intensity or brilliance to cause glare or otherwise impair the vision of the driver, or result in a nuisance to the driver.
[1]
Size. No such sign shall exceed 32 square feet with a maximum height of 10 feet. The LED numerals may not exceed 12 inches in height. Signs may be double sided.
[2]
Setbacks. All ground mounted signs shall be located a minimum of five feet set back from the street right-of-way. At intersections, no sign shall be in the sight triangle or obstruct site distances.
[3]
Color. All lighted LED numerals shall only be green, white or red in color. An LED background screen may only be black.
[4]
Illumination. The sign must not exceed a maximum illumination of 5,000 nits (candelas per square meter) during daylight hours and a maximum illumination of 500 nits (candelas per square meter) between dusk to dawn as measured from the sign's face at maximum brightness.
(g)
LED community message board. Permanent ground-mounted sign for use only by not-for-profit government agencies. Light-emitting diode (LED) displays/electronic variable-message signs allow for the display of information including events, times, services at a location, or building. Electronic variable-message signs are permitted, provided that the content or manner of display of the content not change more than two times per day. Messages are to be static; specifically, flashing displays, scrolling displays, displays of continuously changing text or images are prohibited.
[1]
Size. No such sign shall exceed 32 square feet, including the structure that the sign is mounted in, with a maximum height of 10 feet, including structure. The LED lettering may not exceed 12 inches in height. Signs may double sided.
[2]
Setbacks. All ground-mounted signs shall be located a minimum of five feet set back from the street right-of-way. At intersections, no sign shall be in the sight triangle as defined by this ordinance.
[3]
Color. All lighted LED numerals shall only be green, white or red in color. An LED background screen may only be black.
[4]
Illumination. The sign must not exceed a maximum illumination of 5,000 nits (candelas per square meter) during daylight hours and a maximum illumination of 500 nits (candelas per square meter) between dusk to dawn as measured from the sign's face at maximum brightness.
[5]
Require automatic brightness control/dimmer keyed to ambient light levels.
[6]
Require display to go dark if there is a malfunction.
[7]
Specify distancing requirements from areas zoned for residential use and/or prohibit orientation of sign face towards an area zoned for residential use.
(h)
Menu boards. The following types of menu boards are permitted. A menu board shall only be legible by patrons of the business to which the menu board applies. The location of all menu boards shall be depicted on the site plan. Menu boards shall conform to the following regulations:
[1]
Pedestrian menu boards. The area of a pedestrian menu board shall not exceed eight square feet per menu board face excluding the area of communications equipment and point-of-sale devices, if any. The height of a pedestrian menu board shall not exceed eight feet. One pedestrian menu board with no more than two sign faces shall be permitted for each point-of-sale service location of a business. Pedestrian menu boards may be internally or externally illuminated and may be equipped with communication and/or point-of-sale equipment.
[2]
Drive-through menu boards. A drive-through menu board shall not exceed an area of 35 square feet excluding the area of communications equipment and point-of-sale devices, if any. The height of a drive-through menu board shall not exceed eight feet. A drive-through menu board shall not be located in such a way as to cause a safety hazard. A drive-through menu board shall not be located where it causes vehicles to stack onto a public right-of-way. A drive-through menu board may be equipped with communication and/or point-of-sale equipment.
(i)
Sign area bonuses. To encourage design excellence, the Board may allow the maximum sizes for individual signs specified above to be increased if the criteria below are satisfied. Although a separate increase is granted for compliance with each of the criteria and the total is cumulative, each percentage increase is based on the original sign size limitation. Maximum sign sizes shall be allowed to increase as follows:
[1]
Fifteen percent when the sign is made of wood, natural materials or other weather-resistant material which can be carved.
[2]
Fifteen percent if the sign is designed to contain only the identification of the establishment without advertising any products sold on the premises.
[3]
Twenty percent if the sign is the only sign identifying the establishment or its principal product.
[4]
Twenty percent if the sign is not designed or used with illumination.
[5]
Thirty percent if the permitting authority finds that the sign has special aesthetic merit or that additional size is necessary or appropriate due to such circumstances as the sign's distance from the road is greater than 100 feet, the design speed of the road is greater than 30 miles per hour, or the size of the building on which the sign is placed. In order to take advantage of this Subsection F(3)(i)(5), an applicant must obtain approval of the Town Engineer or Building Inspector.
[6]
Up to four feet of additional freestanding sign height in the HC and CO Districts with the addition of a brick, stone, or architectural block planter that is of equal height to the desired increase in sign height (i.e., one foot of planter height = one foot of additional sign height).
[7]
Fifteen percent for wall-mounted sign increase if a freestanding monument sign is utilized in a plaza or multi-business structure and the site is not confined or otherwise restrictive.
(j)
Maximum cumulative sign area per lot. The cumulative sign area per lot shall be one square foot of total sign area for every two linear feet of lot frontage on a public street. For flag lots, this computation shall be based upon lot width at the building line, rather than lot frontage. Notwithstanding the foregoing limitation, each business occupancy or tenant space shall be permitted up to 20 square feet of sign area.
(k)
Maximum area per sign. Notwithstanding any provision of this section to the contrary, no sign or grouping of signs shall be greater than 100 square feet in size.
(4)
Illumination. No illuminated sign or lighting device shall be placed or directed so that its light is directed or beamed:
(5)
Sign design manual. The Town Board may adopt a sign design manual developed specifically for the Town of Dover or published for the general public or for another municipality. If such a sign design manual is adopted, it shall be incorporated by reference into this chapter.
(6)
Nonconforming signs. Any sign which was in existence prior to the effective date of this chapter and which conformed to the applicable provisions of a prior zoning ordinance but which does not conform to the applicable provisions of this chapter shall be deemed nonconforming, and the display of such sign shall be permitted to continue. Any change of use, tenant, and/or occupancy shall require all nonconforming signs to come into compliance.
G.
Removal of signs.
(1)
Signs advertising an establishment or institution that has permanently closed shall be removed, or the sign face shall be covered with a blank face, within one month of such closure.
(2)
The Code Enforcement Officer shall notify, in writing, the owner of any sign which no longer serves the purpose for which it was erected or which poses a safety hazard to the public or is otherwise in violation of this section. The Code Enforcement Officer shall order such owner to remove or correct the unsatisfactory condition of such sign within 20 days from the date of such notice.
(3)
Upon failure to comply with such notice within the prescribed time, the Code Enforcement Officer is hereby authorized to secure, repair, remove, or cause the removal of such sign. All costs of securing, repairing, or removing such sign, including related legal fees and expenses, shall be assessed against the land on which the sign is located and shall be levied and collected in the same manner as provided in the Town Law for the levy and collection of a special ad valorem levy.
(4)
Emergency provisions. Where it reasonably appears that there is imminent danger to life, safety, damage to property unless a sign is immediately repaired, secured, or demolished and removed, the Town Board may, by resolution, authorize the Code Enforcement Officer to immediately cause the repair, securing, or demolition of such unsafe sign. The expense of such remedial actions shall be a charge against the land on which the sign is located and shall be assessed, levied, and collected as provided in Subsection G(3) above.
§ 145-40 Environmental performance standards.
A.
Compliance with performance standards. No use shall hereafter be established, altered, moved or expanded unless it complies with the performance standards set forth in this section. Continued conformance with such standards, once applicable, shall be a requirement for the continuance of any certificate of occupancy. This § 145-40 shall not apply to farm operations engaged in customary agricultural practices, except where necessary to protect public health and safety.
B.
Purpose of performance standards. Consistent with the general purposes of this chapter, performance standards shall set specific controls on potentially objectionable external aspects of all uses in order to:
(1)
Reduce to a reasonable minimum the dissemination of smoke, gas, dust, odor or other atmospheric pollutants outside the building in which the use is conducted.
(2)
Control noise and light perceptible beyond the boundaries of the site of the use.
(3)
Limit the discharge of treated wastes and prohibit the discharge of untreated wastes into any watercourse.
(4)
Limit the dissemination of vibration, heat or electromagnetic interference beyond the immediate site on which the use is located.
(5)
Limit physical hazard by reason of fire, explosion, radiation or any similar cause.
(6)
Regulate and control the generation and flow of vehicular traffic in order to prevent hazardous conditions, traffic congestion and excessive noise in the streets.
C.
Noise. No noises shall be emitted in violation of Chapter 107 of the Dover Town Code. In addition, the following specific standards apply to noise:
(1)
Sound levels shall be determined at the property line of the lot from which the noise is emitted. Sound measurements shall be accomplished through a sound-level meter having an A-weighted filter and constructed in accordance with specifications of the American National Standards Institute or other generally accepted standard for the measurement of sound.
(2)
No person, firm or corporation shall allow the emission of sound which, as measured at the property lines, has a sound level in excess of:
[Amended 1-30-2013 by L.L. No. 1-2013]
(a)
Sixty decibels on the A-weighted scale between the hours of 7:00 a.m. and 8:00 p.m. unless the property line is abutting a rail line in an M Zoning District in which case no sound level measured at the boundary of the property abutting the M Zoning District and rail line shall exceed 65 decibels on the A-weighted scale; and
(b)
Fifty decibels on the A-weighted scale between the hours of 8:00 p.m. and 7:00 a.m., unless the property line is abutting a rail line in an M Zoning District in which case no sound level measured at the boundary of the property abutting M Zoning District shall exceed 65 decibels on the A-weighted scale.
(3)
Sounds emitted at levels lower than those prohibited by Subsection C(2) above shall not be permitted if, because of the type or frequency of the noise emitted, such sounds are offensive, disruptive or in continual disharmony with the character of an adjoining or nearby residential neighborhood.
(4)
Exemptions. The following shall be exempt from the noise level regulations:
(a)
Noises not directly under the control of the property user.
(b)
Noises emanating from construction and maintenance activities between 8:00 a.m. and sunset, Monday through Friday.
(c)
The noises of safety signals, warning devices, emergency pressure-relief valves or other emergency warning signals.
(d)
Bells or chimes from a church or other place of worship.
D.
Vibration.
(1)
Method of measurement. For the purpose of measuring vibration, a three-component measuring system approved by the Town Engineer shall be employed.
(2)
Maximum permitted steady-state and impact vibration displacement. No activity shall cause or create a steady-state or impact vibration displacement by frequency bands in excess of that indicated in the following table:
Vibration Displacement | |||
|---|---|---|---|
Frequency (cycles per second) | Steady-State (inches) | Impact (inches) | |
Under 10 | 0.0005 | 0.0010 | |
10 to 19 | .0004 | .0008 | |
20 to 29 | .0003 | .0006 | |
30 to 39 | .0002 | .0004 | |
40 and over | .0001 | .0002 | |
E.
Smoke, dust and other atmospheric pollutants.
(1)
General control. The emission of smoke and other particulate matter shall not be permitted in violation of applicable regulations of the New York State Department of Environmental Conservation (DEC), including but not limited to 6 NYCRR 201. Pollutants that are not regulated by DEC shall not be emitted if they pose a substantial risk to public health, safety, or welfare.
(2)
Method of measurement of smoke. For the purpose of grading the density of smoke, the Ringelmann Smoke Chart or EPA Method 9 or 22 shall be used to determine the total smoke emitted. Where the Ringelmann method is used, a reading shall be taken every minute for an hour or, if less than an hour, until the total smoke emitted exceeds that allowed by these regulations. Each reading shall be multiplied by the number of minutes during which it was observed and the product added.
(3)
Maximum permitted emission of smoke. There shall be no measurable emission of smoke, gas or other atmospheric pollutant, except as authorized by a permit granted pursuant to applicable state and federal regulations. The emission of one smoke unit per hour and smoke with discernible density of No. 1 on the Ringelmann Smoke Chart shall be prohibited.
(4)
Maximum permitted emission of dust.
(a)
The emission of dust related to combustion for indirect heating from any source shall not exceed 0.30 pound of dust per 1,000 pounds of flue gas adjusted to fifty-percent excess air for combustion.
(b)
There shall be no measurable emission of dust or other particulate matter not related to combustion for indirect heating.
(c)
Properties shall be suitably improved and maintained with appropriate landscaping, paving, or other materials to minimize windblown dust and other particulate matter.
F.
Odor. No land use shall be permitted which emits any discernible obnoxious odor outside the lot on which the use is conducted.
G.
Toxic or noxious matter. No use shall be permitted which will cause the release of toxic or noxious fumes or other matter outside the building in which the use is conducted.
H.
Radiation. The handling, storage or disposal of radioactive materials or waste by-products shall be conducted strictly in accordance with applicable federal and state standards.
I.
Electromagnetic interference. No operation shall be permitted which produces any perceptible electromagnetic interference with normal radio or television reception in any area, unless federal or state regulation requires such operation to be permitted.
J.
Fire and explosion hazard. All activities involving the use or storage of flammable or explosive materials shall be provided with adequate safety devices against the hazard of fire and explosion, with adequate fire-fighting and fire-suppression equipment and devices standard in the industry. Such activities shall comply with all applicable requirements of the New York State Uniform Fire Prevention and Building Code, DEC regulations, and the National Fire Protective Association (NFPA) Code. Copies of SARA forms filed with the Dutchess County Emergency Response Agency shall also be filed with the Code Enforcement Officer.
K.
Heat. There shall be no emission of heat which would cause an air temperature increase in excess of 1° F. along any adjoining lot line.
L.
Exterior illumination and glare. No use shall produce glare so as to cause illumination beyond the boundaries of the property on which it is located in excess of 0.5 footcandle. All exterior lighting, including security lighting, in connection with all buildings, signs or other uses shall be directed away from adjoining streets and properties. The Planning Board may require special efforts to reduce the impacts of exterior lighting, such as limiting hours of lighting, planting screening vegetation, or installing light shields to alleviate the impact of objectionable or offensive light and glare on neighboring residential properties and public thoroughfares.
M.
Liquid and solid wastes. The discharge of any or all wastes shall be permitted only if in complete accordance with all standards, laws and regulations of the Dutchess County Health Department, New York State Department of Environmental Conservation or any other regulatory agency having jurisdiction. Facilities for the storage of solid waste shall be so located and designed as to be screened from the street or from any adjoining property and so as to discourage the breeding of rodents or insects.
N.
Traffic. For the purpose of preventing congestion in the streets, promoting the safe and efficient use of public transportation, protecting air quality, promoting fuel conservation, and otherwise protecting the public health, safety and welfare, the following specific traffic standards are hereby established to serve as a guide for town officials and agencies in the review of applications for development approvals:
(1)
No decision shall be made to approve the construction of any development which would contain in excess of 20,000 gross square feet of new nonresidential floor space or 50 or more new residential dwelling units if the reviewing board, acting on the advice of a qualified traffic engineer, determines that the result of such development will be to create one or more of the following peak-hour traffic impacts within two miles of any vehicular access point to the subject site during the first year of operation of the proposed project or, in the case of phased construction, during the first year of operation of any phase for which approval is sought:
(a)
A reduction in level of service to less than Level D at any street intersection.
(b)
A significant adverse impact on the operation of streets or intersections projected to be operating during the target year, at Level of Service E or below.
(c)
Traffic volumes significantly over the capacity of the mainline (nonintersection) highway sections.
(2)
In projecting future levels of service and the capacity of mainline highway sections, accepted traffic engineering procedures, as determined satisfactory by the reviewing board, shall be utilized, using the following requirements as a guide:
(a)
Base-year traffic conditions, including peak-hour traffic volumes and turning movements, must be documented either through direct field surveys or from other available current data sources.
(b)
Projected volumes must include estimated traffic generation from the proposed development during peak hours of on-site traffic activity as well as peak hours of street system activity.
(c)
Daily trip generation estimates must be provided. Information published by the Institute of Transportation Engineers (ITE) will generally be relied upon as a basis for estimating trip generation, although the reviewing board may allow or require a departure from the use of specific ITE averages where the board determines that such departure is warranted by unique characteristics which may be present in the proposed project.
(d)
Allowance shall also be made for traffic which is expected to be generated by other projects already approved or under construction within the town or within neighboring communities, as well as an additional allowance for general regional traffic volume changes.
(e)
Estimated traffic generation must be distributed throughout the access network in accordance with clearly stated distribution assumptions determined acceptable by the reviewing board.
(f)
The capacity analysis of the intersections or mainline highway section roadway system shall be calculated both with and without site-generated traffic. In analyzing such capacity, the applicant shall use methods generally recognized by national authorities, such as the Transportation Research Board of the National Academy of Sciences, and/or methods accepted by the New York State Department of Transportation. Traffic capacity estimates may take into account improvements planned by the applicant or by others, provided that, in either case, a specific commitment to construct such improvements has been made.
(g)
In determining overall intersection level of service at signalized intersections, optimum practical signal timing may be assumed. Overall intersection level of service shall be determined, for both signalized and unsignalized intersections, based upon a volume-weighted average of each intersection approach level of service.
O.
Review procedures. As a part of site plan review of an application for the establishment of a use which, in the reviewing board's judgment, could have potentially objectionable external aspects and therefore be subject to these performance standards, the reviewing board may require the applicant, at his or her own expense, to provide such evidence as it deems necessary to determine whether the proposed use will comply with these standards.
§ 145-41 Home occupations.
A.
Purpose and intent. The conduct of small-scale, low-impact business and professional uses on residential properties shall be permitted under the provisions of this section. It is the intent of this section to:
(1)
Ensure the compatibility of home occupations with other uses;
(2)
Maintain and preserve the rural and historic character of the town; and
(3)
Allow residents to engage in gainful employment on their properties while avoiding excessive noise, traffic, nuisance, fire hazard, and other possible adverse effects of nonresidential uses.
B.
Criteria and standards.
(1)
Home occupation as use permitted by right. Home occupations shall be permitted uses if they are in compliance with the following criteria and standards:
(a)
The home occupation may be conducted only by residents of the dwelling unit plus no more than two nonresident assistants or employees at any one time. A home occupation may be conducted within a dwelling unit and/or within accessory structures. An area no larger than 30% of the floor space of the primary dwelling unit may be occupied by the home occupation, up to a maximum of 1,000 square feet.
(b)
A home occupation shall be incidental and secondary to the use of a dwelling unit for residential purposes. It shall be conducted in a manner which does not give the outward appearance of a business, does not infringe on the right of neighboring residents to enjoy the peaceful occupancy of their dwelling units, and does not alter the character of the neighborhood.
(c)
Signs used in conjunction with a home occupation shall not be animated or illuminated and shall not exceed three square feet.
(d)
Parking shall be adequate for nonresident employees and customers or clients. No business vehicle larger than 10,000 pounds' gross vehicle weight may be parked regularly in a location visible from a public road or neighboring properties.
(e)
Automobile and truck traffic generated shall not be greater than the volume of traffic that would normally be generated by a residential use, unless the residence is located on New York State Route 22, 55 or 343.
(f)
There shall be no exterior storage of materials, equipment, vehicles, or other supplies used in conjunction with a home occupation, unless screened from the road and from other properties.
(g)
No offensive appearance, noise, vibration, smoke, electrical interference, dust, odors, or heat shall occur. The use of substances in a manner which may endanger public health or safety or which pollute the air or water shall be prohibited.
(h)
More than one home occupation may be conducted on a lot, provided that the combined impact of all home occupations satisfies these criteria and standards.
(2)
Home occupation by special permit.
(a)
A home occupation occupying an area greater than that permitted in Subsection B(1)(a) above or employing more than two nonresident employees may be allowed by special permit, provided that it satisfies all criteria for granting of special permits as well as the criteria and standards in Subsection B(1)(a) through (h) above. Such criteria shall become standard conditions of the special permit. In no case shall the area occupied by a home occupation allowed by special permit exceed the lesser of 40% of the floor space of the primary dwelling unit or 2,000 square feet.
(b)
A special permit granted for a home occupation shall include a condition requiring the operator to obtain an annual operating permit from the Code Enforcement Officer at a cost of $75 per year beginning in the second year of operation. Such operating permit shall be granted after the Code Enforcement Officer inspects the premises and finds the home occupation to be in compliance with all conditions of the special permit.
§ 145-42 Soil mining.
A.
Soil mining shall be allowed within the SM Overlay District (see § 145-17) and the M District only, subject to a special permit by the Town Board, provided that the operator complies with all applicable requirements of the New York State Department of Environmental Conservation.
B.
Any application for a soil mining special permit shall be deemed a major project if it also requires approval of a mining permit from the New York State Department of Environmental Conservation (DEC). Proposed soil mining that does not require a DEC permit shall be deemed a minor project.
C.
An applicant for a major project special permit for soil mining shall submit copies of all applications and other materials submitted to the DEC in connection with its soil mining application.
D.
In determining whether to grant or deny a special permit application for soil mining, the Town Board shall consider all applicable special permit criteria, including but not limited to the environmental performance standards in § 145-40. If the Town Board grants a major project special permit subject to conditions, such conditions shall be limited to the following, unless the laws of New York State allow the imposition of additional conditions:
(1)
Ingress from and egress to public thoroughfares controlled by the town.
(2)
Routing of mineral transport vehicles on roads controlled by the town.
(3)
Requirements and conditions specified in the permit issued by the DEC concerning setback from property boundaries and public thoroughfare rights-of-way, natural or man-made barriers to restrict access, dust control, and hours of operation.
(4)
Enforcement of reclamation requirements contained in any DEC permit.
§ 145-43 Driveways and drive-up windows.
A.
New driveway entrances (including the conversion of farm roads into residential or commercial driveway entrances) shall require permission from the Town Superintendent of Highways for town roads, the Dutchess County Department of Public Works for county roads, or the New York State Department of Transportation for state roads.
B.
Drive-up windows shall require site plan review. Street access points and queuing areas shall be sited in a manner that does not create safety hazards to pedestrians or motorists and that does not increase traffic congestion on existing streets.
§ 145-44 Mobile homes and construction trailers.
A.
Mobile home courts. New mobile home courts shall be prohibited. Existing mobile home courts may be continued as provided in Article VI, and new mobile homes may be installed pursuant to plans approved before the enactment of this § 145-44. The expansion of an existing conforming mobile home park shall be allowed by special permit, consistent with the zoning in effect prior to the adoption of this chapter (1999), provided that a special permit application is submitted before the effective date of this chapter.
B.
Individual mobile homes outside of mobile home courts. Individual mobile homes outside of mobile home courts shall be prohibited. Nonconforming mobile homes may be replaced by mobile homes that comply with currently applicable federal and state building standards.
C.
Temporary mobile homes. Temporary mobile homes may be placed on any lot for a period not to exceed one year only in the event of major damage to or destruction of a residence located on such lot. To the extent practicable, such temporary mobile homes shall comply with the provisions of this section, except that such homes may be installed without permanent footings. After one year, the Code Enforcement Officer shall send notice to remove the temporary mobile home or to apply for an extension not to exceed one additional year in the event that repair or reconstruction of the residence has not been completed.
D.
Construction trailers. Construction trailers may be placed temporarily (without permanent footings) on construction sites for a period not to exceed the construction period, if allowed pursuant to a special permit, site plan, variance, or subdivision approval. Such trailers may be used for office, storage, or workshop space and shall not be used for residential purposes.
§ 145-45 Camps.
[Amended 11-23-2009 by L.L. No. 2-2009]
A.
In a camp, Type 1 (as defined in Article XII), the number of tents, trailers, houseboats, or other portable shelters shall not exceed the number of single-family dwellings which could be erected on such premises in a flexible subdivision. Camp structures shall be set back at least 250 feet from property lines, unless the property line is the shoreline of a stream or lake, in which case the setback requirements of § 145-14D shall apply.
B.
A camp, Type 1 (as defined in Article XII) shall be located on a parcel or assemblage of parcels containing a minimum of 100 acres of land, or land and water.
C.
A camp, Type 1 provides rustic lodgings in spacious settings that are principally intended for seasonal vacationing, youth sleep-away camp, and group retreats. Permitted are tents, cabins, group lodgings, recreational travel vehicles, shelters, houseboats, or accommodations designed for seasonal or other temporary living purposes, regardless of whether or not such structures or accommodations are occupied seasonally, as well as accessory uses and facilities traditionally associated with and incidental to an overnight camping facility.
D.
The Planning Board shall establish appropriate buffers between any component of the camp, Type 1 use and adjoining properties given the proposed activity and the use of adjoining parcels, and the natural topography and vegetative cover. In determining the appropriate buffer, the Planning Board shall consider the potential noise and visual impacts of the proposed activity or accessory facility. The Planning Board may require the use of vegetation, berms, or other such barriers to mitigate potential impacts to adjacent properties.
E.
A camp, Type 1 with more than five accessory facilities (as defined in Article XII) shall prepare a master development plan as part of the special permit approval and as described below. Tent, trailer, and recreational travel vehicle campsites; lean-tos; houseboat docking areas; portable shelters; group lodgings; cabins; restrooms or bathhouses; picnic areas; camp management office; fast aid station; and up to three impervious sports facilities greater than 500 square feet (e.g., swimming pool, tennis court, basketball court), are considered part of the principal use and not accessory facilities. Multiple accessory facilities of the same kind which are grouped to comprise a contiguous area of impervious surface shall be considered one accessory facility (e.g. multiple basketball courts or a grouping of activity pavilions).
(1)
The master development plan shall include, at a minimum, a site plan indicating the following: an open space system; site access and road layouts; proposed buildings, including their uses, footprint, height, and total square footage; proposed accessory facilities; proposed activity areas (e.g., field sports, trail systems, hunting); proposed utilities, including water supply and wastewater disposal; a phasing plan if the project is to be built in phases; and such other information as may be requested by the Planning Board.
(2)
Any revision of the master development plan shall require a site plan amendment. Any change of, or additional, use within a master development plan shall require a special permit amendment.
(3)
Following approval of the master development plan and conceptual site plan with conditions on uses and dimensional standards, site plan approval only shall be required to implement individual components of the proposed plan. To the extent that design details necessary for site plan approval have not been provided in the master development plan, they shall be provided at the site plan approval stage.
F.
All camp, Type 1 facilities that anticipate gatherings in excess of 500 people shall prepare a large event management plan that shall be provided to the Planning Board during site plan approval. The Planning Board shall refer the large event management plan to the fire department, ambulance company and the New York State Police for a report and recommendation. The adopted large event management plan shall be considered part of the approved site plan and shall be enforceable as such. A large event is defined as a planned event, such as a wedding, conference, or sporting competition, with more than 500 attendees. This management plan shall include provisions for traffic and parking management, hours of operation, noise abatement, toilet facilities, and maximum number of guests. This management plan shall govern all large public events.
G.
The Planning Board may increase the maximum footprint of a camp, Type 1 structure up to 20,000 square feet, provided that the following conditions are met:
(1)
The structure is not located on a ridgeline; and
(2)
The structure would not create an unmitigated adverse impact to any scenic view sheds, in particular, views from public recreational resources such as the Appalachian Trail, Swamp River, and/or scenic byways; and
(3)
The building is appropriately located on the site, and landscaping is utilized to minimize its visibility from adjacent residences and public roadways; and
(4)
The structure is subject to review by the Town of Dover Architectural Review Board; and
(5)
Any adverse impacts on water resources shall be mitigated to the maximum extent practicable.
§ 145-46 Communication towers.
Installation or operation of a communication tower (including accessory facilities) shall require a special permit from the Town Board and site plan approval from the Planning Board. The Town Board and Planning Board shall not approve a communication tower application unless it satisfies the special use permit criteria contained in § 145-63 as well as the following additional requirements:
A.
Shared use.
(1)
Shared use of existing communication towers and use of other existing tall structures shall be preferred to the construction of new towers. Where shared use of an existing validly approved tower occurs, the new user shall be exempt from the provisions of this § 145-46, except that any ground-level site alterations shall require site plan review. Alterations to an existing tower, including the installation of new equipment, shall require a building permit only, provided that the height of the tower is not increased and no lights are added more than 35 feet above average grade level.
(2)
Where shared use of an existing tower is a technically feasible alternative, the applicant may be denied a special permit for a new tower. In determining feasibility, the Town Board shall consider the costs to the applicant of adapting an existing facility to shared use, including structural reinforcement, preventing transmission or receiver interference, additional site screening and other physical changes to the tower and/or the site, as well as acquisition of a lease to accommodate shared use. Costs associated with this Subsection A(2) shall be considered unreasonable if they exceed the cost of the proposed new tower at a new location by more than 10%.
(3)
In approving any new communication tower, the Town Board shall require that:
(a)
The proposed tower be structurally capable of accommodating shared use; and
(b)
The applicant shall make the tower available to other users at a reasonable charge, based on generally accepted accounting principles. The charge may include but is not limited to a pro rata share of the cost of site selection, planning, project administration, land costs, site design, construction and maintenance, financing, return on equity, and depreciation and all the costs of adapting the tower and ancillary equipment to accommodate a shared user in a manner that complies with the provisions of this § 145-46. This Subsection A(3)(b) may be waived by the Town Board when a communication tower is not owned, leased, or operated by a wireless communications company or any other company which might be competing against other potential users of the tower.
C.
Site planning considerations. In reviewing a site plan application for a communication tower, the Planning Board shall consider the following factors, in addition to the standards contained in § 145-65:
(1)
Communication towers shall not be artificially lighted or marked except to ensure public safety if required by the Federal Aviation Administration (FAA). However, they shall be sited and designed to be the minimum height necessary to fulfill their purposes and to avoid, whenever possible, application of FAA lighting and painting requirements. Towers shall be an appropriate color to harmonize with the surroundings, as approved in advance by the Planning Board.
(2)
Communication tower structures shall not contain any signs other than safety warning signs.
(3)
Communication towers and related accessory facilities shall be enclosed by a fence not less than eight feet in height above ground level.
(4)
All towers and accessory facilities shall be sited to minimize any adverse visual effect on the environment. Accessory facilities shall use building materials, colors, and textures designed to blend with the natural surroundings.
(5)
Existing on-site vegetation shall be preserved to the maximum extent possible, and no cutting of trees exceeding four inches in diameter (measured four feet from the ground) shall take place prior to approval of the special permit and site plan approval. Clear-cutting of all trees in a single contiguous area exceeding 20,000 square feet shall be prohibited, except as may be necessary for construction of an access road.
(6)
Adequate emergency and service access and parking shall be provided, making use of existing roads, public or private, to the maximum extent feasible. Road construction shall minimize disturbance and cutting of vegetation to within the toe of fill, the top of cuts, and no more than 10 feet beyond the edge of any pavement. Road grades shall closely follow natural contours to assure minimal adverse visual impact and reduce soil erosion potential.
D.
Application requirements. Special permit and site plan approval applications for a communication tower shall include, in addition to other submission requirements for special use permits and site plans, the following information:
(1)
The location of all structures and trees on the site and on any adjacent property within 30 feet of the subject property lines.
(2)
All information prepared by the manufacturer of the tower and associated apparatus for which a special permit is being sought, including but not limited to the following:
(a)
Make and model of tower to be erected.
(b)
Design data, installation instructions, and construction plans.
(c)
Identification of levels of radiation emitted by or from the communication tower.
(d)
Identification of the effects the communication tower's operation will have on existing communication towers, antennas, or other electromagnetic devices within 1,000 feet of the proposed structure.
(3)
Applicant's proposed tower maintenance and inspection procedures and records system.
(4)
In the case of new towers, the applicant shall be required to submit a report documenting the following:
(a)
Good faith efforts to secure shared use from existing towers as well as capacity for future shared use of the proposed tower. An applicant shall inventory existing communication towers within reasonable distance of the proposed site and outline opportunities for shared use of existing facilities as an alternative to the new tower. Written requests to and responses from other tower owners for shared use shall be provided.
(b)
A technical and visual impact analysis of reasonable alternative new tower sites which could serve the needs of the applicant in different locations, including the installation of antennas on existing structures.
(c)
Documentation of the local and regional need for the tower in the specific location selected, showing that the tower in the proposed location is a public necessity and is essential to the safe and adequate provision of service and that shared use of existing towers will not be adequate.
(d)
Alternative designs for the communication tower, including those that minimize adverse visual impact by enclosing the communication apparatus in a silo, belfry, steeple, cupola, turret, or other traditional building design element or by attaching such apparatus to structures that look like or blend in with trees.
(5)
A report by a qualified engineer and/or health physicist which calculates the maximum amount of non-ionizing electromagnetic radiation (NIER) which will be emitted from the tower and demonstrates that the facility will comply with the applicable NIER standards set forth below:
(6)
A statement agreeing to defend and indemnify the Town of Dover and any of its agents or employees from any and all claims made in connection with the installation, construction, use, or operation of the communication tower.
(7)
A completed visual environmental assessment form (visual EAF) as part of the SEQRA documentation. The Planning Board may require a more detailed visual analysis based on the results of the visual EAF.
(8)
Landscaping and screening. The landscape plan required for site plan review shall pay particular attention to visibility from key publicly accessible viewpoints within and outside the town as identified in the visual EAF. At least one row of native evergreen shrubs or trees capable of forming a continuous hedge at least 10 feet high within two years of planting shall be provided and maintained to effectively screen the tower base and accessory facilities from adjoining property.
E.
Abandonment and removal. In the event a communication tower ceases operations and is abandoned for a period of six months, the tower, structures, and facilities shall be dismantled by the owner and removed from the site within 60 days of receipt of written notice to do so from the Town Board. In order to secure this obligation to remove the tower, the Town Board may require the applicant to post a bond or other security at the time of approval of the communication tower.
§ 145-47 Antennas as accessory uses.
Antennas and other transmission or receiving facilities that are mounted on structures principally used for purposes other than receiving or transmitting radio, television, microwave, cellular telephone, or similar electromagnetic signals shall be permitted in all districts as an accessory use with site plan review by the Planning Board. Site plan review shall not be required for receive-only antennas and satellite dishes accessory to a residential use.
§ 145-48 Adult entertainment.
The Town of Dover finds that adult entertainment businesses, as defined in Article XII, may have negative impacts upon the neighborhood and surrounding area where they are located. Such impacts include physical deterioration, disinvestment, and increased crime. Adult uses shall be allowed by special permit in the M District only. In addition to all applicable special permit and site plan criteria in Article IX, such uses shall satisfy the following additional standards:
A.
No adult use shall be located within 1,000 feet of any single-family, two-family, or multifamily residence, or of any school, day-care center, library, religious institution, park or other public recreation area, or recreational business.
B.
No adult use shall be located within 1,000 feet of any other adult use.
C.
No more than one freestanding sign, not exceeding 12 square feet, shall be permitted for an adult use in a location visible from a public street. Such sign shall be limited to the name and address of the business. One wall-mounted sign, not exceeding 12 square feet, shall be permitted on the building, provided that it complies with Subsection D.
D.
Adult uses shall be set back at least 200 feet from all public rights-of-way and shall be screened from view by a buffer at least 50 feet wide consisting of trees and shrubs.
§ 145-49 Keeping of animals.
A.
Pig farms. Pig farms shall require a minimum land area of 150 acres. Pens or feeding areas shall not be located within 1,000 feet of any property line.
B.
Cage-type poultry farms. Buildings housing cage-type poultry operations containing 5,000 or fewer birds shall not be erected within 500 feet of any property line. In addition:
(1)
For each 1,000 birds over 5,000, an additional setback of 50 feet shall be provided from any property line.
(2)
Cage-type poultry houses shall be equipped with odor suppressors of the hydraulic-pit type (or equivalent) with sufficient capacity to permit a lapse of not more than four months between cleanings.
(3)
Cage-type poultry house odor suppression devices shall not be cleaned during the months of June, July, August, or September.
C.
Maintenance of animals. The following regulations shall apply to the maintenance of animals on land in any district:
(1)
In the absence of a special permit as provided below, the maintenance of large animals such as horses, ponies, cattle, goats, pigs, sheep, etc., shall require at least one acre of open land for each animal, unless contiguous open space in excess of four acres is used for such maintenance, in which event this requirement shall be inapplicable.
(2)
The maintenance of small animals, such as raccoons, mink, rabbits, birds, snakes, geese, ducks, chickens, monkeys, dogs, cats, etc., in a total number greater than 10 on one lot of less than two acres shall be prohibited in the absence of a special permit as provided below.
(3)
The Planning Board may issue a special permit for maintenance of animals in greater numbers than the maximum set forth above, provided that the applicant meets all conditions and satisfies applicable special permit criteria and that the Planning Board finds that adequate open space and facilities for the proper care of such animals are available and will be established and that maintenance of such animals will not interfere with the reasonable use and enjoyment of the property of others.
(4)
Buildings, pens, or other structures housing animals shall be located 20 feet from any lot line and 35 feet from any road or highway. No manure may be stored within 250 feet of any property boundary line or watercourse.
(5)
In maintaining animals on a property, no person shall knowingly interfere with the reasonable use and enjoyment of the property of others.
§ 145-50 Solid waste management facilities and industrial uses.
A.
Limitations on solid waste management facilities. Solid waste management facilities, as defined in Environmental Conservation Law § 27-0701 and 6 NYCRR 360-1.2(b)(158), with the sole exception of municipally owned and operated facilities, shall be prohibited in the Town of Dover.
B.
Standards and enforcement. All industrial uses and municipal solid waste management facilities shall satisfy the following requirements. Nonconforming solid waste management facilities shall comply with these standards to the extent practicable.
(1)
All operations, including loading and unloading, shall occur within fully enclosed buildings with an impermeable floor system. Any leachate shall be collected in an impermeable collection system and hauled off site for disposal as required by applicable laws. There shall be no outdoor storage of hazardous materials or of materials regulated under 6 NYCRR 360 in a manner that could allow them to become airborne, leach into the ground, or flow into any watercourse.
(2)
No materials shall be disposed of into the ground, air, or into any watercourse, except pursuant to applicable permits and approvals issued by state and county health and environmental agencies.
(3)
Procedures shall be in place to inspect all materials upon arrival at the facility to ensure that they are appropriate to the permitted operation and to ensure that deliveries of materials that cannot be safely handled and processed at the facility are not accepted.
(5)
The applicant may be required to furnish an irrevocable letter of credit, certified check, bond, or other form of security guaranteeing to the Town of Dover compliance with the standards in this Subsection B as well as any other standards, requirements, or conditions of any permit issued by federal, state, county, or local government agencies. The amount of such performance guaranty shall be based upon the potential cost of remediation in case of a violation.
§ 145-51 Junkyards and outdoor storage.
A.
Junkyards. Junkyards, as defined in Article XII, and any activities licensed under Chapter 97 of the Dover Town Code shall be prohibited except within the M District. All junkyards and other activities licensed under Chapter 97 which were in existence as of September 1, 1998, shall be permitted to continue and shall be subject to the provisions of Chapter 97. Junkyards shall be screened from public view and from adjoining properties and shall also be subject to the standards contained in § 145-50B.
B.
Outdoor storage.
(1)
Outdoor storage areas shall be screened from public view and from adjoining properties.
(2)
Boats, trailers, and seasonal or other recreational vehicles may be stored, maintained, or parked only in side or rear yards. Construction equipment and other heavy equipment may not be stored, maintained, or parked in any location visible from adjoining properties or public roads, except for purposes of loading and unloading. The restrictions of this Subsection B(2) shall not apply in the M, HC, and CO Districts.
(3)
No motor vehicle of any kind for which registration would be required for its use on public highways may be stored, maintained, or parked on any lot in a residential district longer than five days while such vehicle is not so registered, unless such vehicle is maintained or stored in an enclosed structure. Inoperable motor vehicles shall be subject to the provisions of Chapter 139 of the Dover Town Code.
(4)
Unless authorized by a special permit or site plan approved in connection with a business use, no commercial vehicle exceeding 10,000 pounds' gross vehicle weight or 20 feet in box length shall be parked overnight in a residential district where it is visible from adjoining properties or public roads. This shall not apply to trucks used in connection with commercial agriculture, provided that parked trucks are set back at least 100 feet from all property lines.
§ 145-52 Residential care facilities.
In addition to generally applicable special permit and site plan review requirements, the applicant shall comply with the following:
A.
Supervision. Every residential care facility shall provide qualified supervisory personnel on the premises 24 hours a day, seven days a week. Such personnel shall have sufficient education and experience and shall be present in sufficient numbers to meet all standards of any agency responsible for the licensing or regulation of the residential care facility. Where no standards exist, the applicant shall present evidence establishing the minimum qualifications and number of personnel necessary for the operation of the residential care facility, and the Planning Board shall specifically establish minimum standards.
B.
Other required approvals. An applicant for a residential care facility shall demonstrate compliance with all applicable regulations, standards, and licensing requirements of public or private agencies.
C.
Required information for application. An application for a special permit for a residential care facility shall satisfy the submission requirements of Article IX and shall also include the following:
(1)
A list of all agencies which must license or otherwise approve the establishment of operation of the facility.
(2)
A list of regulations established by the public or private agencies listed in Subsection C(1) above.
(3)
Copies of applications submitted to the agencies.
(4)
A written statement explaining the status of such applications stating any facts known to the applicant which might result in the denial or delay of any required approval.
(5)
A written statement addressing the requirements of Subsection A and demonstrating that the facility will comply with applicable regulations of licensing agencies and state law relating to minimum required floor area, bathroom facilities, and open space.
(6)
A map identifying the location of all other residential care facilities in the Town of Dover at the time of the special permit application.
D.
Findings. In making its determination upon a special permit for a residential care facility, the Planning Board shall, in addition to making the findings required by § 145-63, make the following specific findings:
(1)
That the proposed facility, given its unique nature, will not have a substantial or undue adverse effect upon adjacent property, the character of the neighborhood, parking, utility facilities, and other matters affecting public health, safety, and general welfare.
(2)
That the proposed facility will be provided with or have ready access to facilities and services necessary and appropriate to the needs of its residents for active and passive recreation, medical care, education, cultural and religious activities, and public transportation.
(3)
That the proposed facility will not generate a level of traffic which would be burdensome to the neighborhood, considering the number of visitors its residents may expect, truck delivery and loading requirements, and the availability and nature of public or private transportation.
(4)
That the proposed facility will not result in an undue concentration of residential care facilities in the Town of Dover or in the neighborhood of the proposed facility. This requirement shall not apply within the MC Overlay District.
(5)
That the decision made by the Planning Board represents a reasonable accommodation to the needs of persons protected under the Federal Fair Housing Act, if applicable.
§ 145-52.1 Recreational businesses.
[Added 11-23-2009 by L.L. No. 2-2009]
A.
Any recreational business (as defined in Article XII) in the RC, RU, and CO Zoning Districts shall be located on a parcel or assemblage of parcels containing a minimum of 100 acres of land, or land and water.
B.
A recreational business shall protect open space or other site features having aesthetic, historic, scenic, or environmentally sensitive value by clustering any buildings or structures to the maximum extent practicable. Golf courses, open pastures for horse riding, and trail systems shall be considered open space.
C.
For recreational businesses in the RC, RU, and CO Zoning Districts, a minimum of 50% of the total land area of the parcel or assemblage of parcels shall be maintained as open or undeveloped green space.
(1)
Priority in open or undeveloped green space preservation shall be given to land within designated critical environmental areas, the Floodplain Overlay District (FP), the Stream Corridor Overlay District (SC), ridgelines, historic resources, unique ecosystems, prime agricultural land, and water resources. Areas to be preserved as open or undeveloped green space shall be designated on the master development plan and site plan.
(2)
Open or undeveloped green space preserved under this subsection may include farmland and farm structures, ponds and streams, and recreational land such as golf courses, cross-country ski trails, equestrian trails, and hiking trails. It shall not include land lying under nonagricultural structures taller than 20 feet, nonagricultural buildings larger than 200 square feet in footprint area, or land that is covered by impervious surfaces other than trails or golf cart paths.
(3)
A conservation easement on the entirety of this open or undeveloped green space per § 145-20 of this Code is not required. Should permanent open space land be preserved under § 145-20 of this Code as part of a flexible subdivision or conservation density subdivision, this land may be counted as part of this 50% open or undeveloped green space requirement.
D.
The Planning Board shall establish appropriate buffers between any component of the recreational business use and adjoining properties given the proposed type of recreational business, the use of adjoining parcels, and the natural topography and vegetative cover. In determining the appropriate buffer, the Planning Board should consider the New York State Department of Environmental Conservation Program Policy, "Assessing and Mitigating Visual Impacts," dated July 31, 2000, or as updated. However, open space buffers of at least 100 feet from the property line of any existing residential uses and/or Town of Dover, Dutchess County, state or federally designated trails shall be provided. Such buffers may be wooded or open and may contain trails, cart paths, and emergency access ways, but may not contain any buildings or other structures.
E.
Retail sales, proshops, and food and beverage services accessory to the recreational business are permitted.
F.
Spa facilities that provide services such as, but not limited to, treatment rooms for massage, facials, body treatments, wet areas, instructional areas, wellness areas, and food and beverage service areas. Notwithstanding § 145-52.1G, overnight accommodations for spa customers are permitted.
G.
Overnight accommodations for members of a private club or their guests; group lodging; and camp, Type 1 uses are permitted. Hotel/motels are not permitted.
H.
A recreational business that includes two or more permitted uses shall submit a master development plan to the Planning Board as part of the special permit approval. The master development plan shall include, at a minimum, a site plan indicating the following: an open space system; site access and road layouts; proposed buildings, including their uses, footprint, height, and total square footage; proposed recreational facilities; proposed utilities, including water supply and wastewater disposal; a phasing plan if the project is to be built in phases; and such other information as may be requested by the Planning Board.
(1)
Any revision of the master development plan shall require a site plan amendment. Any change of, or additional, use within a master development plan shall require a special permit amendment.
(2)
Following approval of the master development plan and conceptual site plan with conditions on uses and dimensional standards, site plan approval only shall be required to implement individual components of the proposed plan. To the extent that design details necessary for site plan approval have not been provided in the master development plan, they shall be provided at the site plan approval stage.
I.
Where a recreational business includes a residential component, residential lot sizes shall be determined by § 145-19C(1) and (2), except that the minimum lot size of lots that are connected to municipal or other common water and/or sewage disposal facilities may be 8,000 square feet or 6,000 square feet if 20% of the parcel is maintained as common open space, such as a green park or trail. Road frontages for residential lots shall be determined by the Planning Board subject to site plan approval.
J.
A large event management plan shall be provided to the Planning Board during site plan approval. The Planning Board shall refer the large event management plan to the fire department, ambulance company and the New York State Police, for a report and recommendation. The adopted large event management plan shall be considered part of the approved site plan and shall be enforceable as such. A large event is defined as a planned event, such as a wedding, conference, or sporting competition with more than 500 attendees. This management plan shall include provisions for traffic and parking management, hours of operation, noise abatement, toilet facilities, and maximum number of guests. This management plan shall govern all large public events.
K.
The Planning Board may increase the maximum footprint of a recreational business structure up to 20,000 square feet, provided that the following conditions are met:
(1)
The structure is not located on a ridgeline; and
(2)
The structure would not create an unmitigated adverse impact to any scenic view sheds, in particular, views from public recreational resources such as the Appalachian Trail, Swamp River, and/or scenic byways; and
(3)
The building is appropriately located on the site, and landscaping is utilized to minimize its visibility from adjacent residences and public roadways; and
(4)
The structure is subject to review by the Town of Dover Architectural Review Board; and
(5)
Any adverse impacts on water resources shall be mitigated to the maximum extent practicable.
§ 145-52.2 Country inn/conference centers.
[Added 11-23-2009 by L.L. No. 2-2009]
A.
Any country inn/conference center (as defined in Article XII) shall be located on a parcel or assemblage of parcels containing a minimum of 200 acres of land, or land and water.
B.
A country inn/conference center provides commercial hospitality lodgings in spacious settings that are principally intended for vacationing, group retreats, and conferences. Permitted are tourist lodgings such as inns, cabins, and cottages; meeting and/or conference rooms; a banquet or on-site catering facility; and commonly incidental recreation-oriented uses, including golf, spa facilities, horseback riding, swimming, tennis, hunting, and other similar outdoor activities.
C.
The number of permitted guest units shall be no more than one guest unit per two acres of lot size. Guest units may be located in cabins, cottages, lodges, an inn, or any combination thereof.
D.
The maximum floor area of the total development shall not exceed 5% of the land included in the project proposal.
E.
A country inn/conference center shall protect open space and other site features having aesthetic, historic, scenic, or environmentally sensitive value by clustering any buildings or structures to the maximum extent practicable.
F.
The Planning Board shall establish appropriate buffers between any component of the country inn/conference center and adjoining properties, given the use of adjoining parcels, and the natural topography and vegetative cover. In determining the appropriate buffer, the Planning Board should consider the New York State Department of Environmental Conservation Program Policy, "Assessing and Mitigating Visual Impacts," dated July 31, 2000, or as updated.
G.
All country inn/conference centers that anticipate gatherings in excess of 500 people shall prepare a large event management plan that shall be provided to the Planning Board during site plan approval. The Planning Board shall refer the large event management plan to the fire department, ambulance company and the New York State Police for a report and recommendation. The adopted large event management plan shall be considered part of the approved site plan and shall be enforceable as such. A large event is defined as a planned event, such as a wedding, conference, or sporting competition, with more than 500 attendees. This management plan shall include provisions for traffic and parking management, hours of operation, noise abatement, toilet facilities, and maximum number of guests. This management plan shall govern all large public events.
H.
The Planning Board may increase the maximum footprint of a country inn/conference center structure up to 20,000 square feet, provided that the following conditions are met:
(1)
The structure is not located on a ridgeline; and
(2)
The structure would not create an unmitigated adverse impact to any scenic view sheds, in particular, views from public recreational resources such as the Appalachian Trail, Swamp River, and/or scenic byways; and
(3)
The building is appropriately located on the site, and landscaping is utilized to minimize its visibility from adjacent residences and public roadways; and
(4)
The structure is subject to review by the Town of Dover Architectural Review Board; and
(5)
Any adverse impacts on water resources shall be mitigated to the maximum extent practicable
I.
Outdoor lighting shall be the minimum required for safety of vehicular and pedestrian accessways and shall be downcast lighting. Outdoor lighting shall not be directed outwards toward neighboring properties.
J.
A public restaurant or catering facility for public or private events is permitted as an accessory use to a country inn, provided that:
K.
All country inns shall be equipped with central sprinkler and fire alarm systems and must meet all local building and fire codes.
L.
The following amusement and sports facilities are permitted for the use of the country inn/conference center guests: