Gardiner City Zoning Code
ARTICLE IV
Overlay, Floating, and Special District Regulations
§ 220-13 Floodplain Overlay District (FPO).
A.
General. The provisions of Chapter 121, Flood Damage Prevention, are incorporated herein by reference and shall apply in addition to any other applicable zoning or building regulations.
B.
Boundaries. The Floodplain Overlay District shall be the one-hundred-year floodplain, as defined in Article XII, and shall be established based upon maps provided by the Federal Emergency Management Agency (FEMA). The boundaries shown on the Resource Protection Overlay Districts Zoning Map are approximate. If a landowner raises the elevation of land within the floodplain above the floodplain level as it existed at the time such land elevation is made, such land shall be deemed to remain within the Floodplain Overlay District.
C.
Restrictions. In addition to any restrictions, requirements, or permits imposed or required by Chapter 121, no new structure intended for residential use and no new septic tank, leach field, or other sanitary sewage system shall be located within the Floodplain Overlay District. This shall not prevent the replacement of existing facilities.
§ 220-14 Hamlet Expansion Overlay District (HEO).
A.
Purpose. The purpose of this district is to establish an area outside of the existing boundaries of the central hamlet HM and HR Districts where the central hamlet of Gardiner may be expanded by zoning amendment in the future.
B.
Boundaries. The Hamlet Expansion Overlay District includes all land shown as such on the Zoning Map.
C.
Regulatory effect on land uses. Within the Hamlet Expansion Overlay District, all of the underlying land use district rules remain in effect, except as they are specifically modified by this § 220-14. No rezoning of land to HM or HR surrounding the central hamlet shall be permitted except for land within the HEO District. Such rezoning shall not occur until the petitioner(s) has submitted a specific plan for the land as provided in § 220-12.1I, and the Town Board finds that the proposed specific plan complies with applicable provisions of this chapter.
§ 220-14.1 Scenic Protection Overlay District (SPO).
A.
Findings and purpose. Special protection of scenic road corridors and the Wallkill Valley Rail Trail is necessary to preserve the attractive rural and historic quality of the Town. The purpose of this section is to regulate land uses within designated scenic corridors to protect the Town's scenic beauty and rural character. This section is intended to apply to those sections of road and rail trail corridors that are visible to the public and that substantially retain their scenic character.
B.
Boundaries. The SPO District includes all land shown on the Overlay Districts Zoning Map as part of the SPO District, land lying within 200 feet of the right-of-way of roads shown on the map and within 100 feet of designated portions of the Wallkill Valley Rail Trail. As used herein, the term "scenic road" shall be defined to include only specifically designated segments of road or rail trail corridors.
C.
Regulatory effect on land uses. Within the SPO District, all of the underlying land use district regulations remain in effect, except as they are specifically modified by this section.
D.
Site plan approval requirement. Within the SPO District, site plan approval shall be required for the following, even if such activities or uses are allowed by right without site plan review by the Use Table in § 220-10:
E.
Site plan approval exemptions. Within the SPO District, the site plan approval requirement shall not apply to:
(1)
Agricultural uses.
(2)
The repair and maintenance of existing structures.
(3)
Activities carried out pursuant to a site plan or special use permit approved prior to the enactment of this section.
(4)
Clearing and grading associated with construction of unpaved hiking trails.
(5)
Single-family residences on existing lots (created before the adoption of this provision).
F.
General standards. Within the SPO District, site plan approval may only be granted if, with appropriate conditions attached, the proposed activity:
G.
Landscape.
(1)
A continuous green buffer consisting of existing vegetation or new landscaping, at least 100 feet deep along Routes 44/55, 208, and 299, and 50 feet deep along the other scenic roads or trails, shall be maintained. This buffer shall consist of native trees and shrubs, as well as fields, meadows, and lawn areas. Bikepaths and/or sidewalks may be constructed within this landscaped buffer. This buffer requirement shall not apply in the immediate area around existing residences located within the buffer area. This buffer requirement may be modified by the Planning Board in the course of site plan review where the Planning Board determines that it is unnecessary, does not serve the purposes of this section, or would be impractical to implement.
(2)
To the maximum extent practical, existing trees, lawns, and shrubs shall be preserved, unless they are proposed to be replaced by native trees or other native vegetation deemed appropriate by the Planning Board.
(3)
Trees shall be planted as deemed necessary by the Planning Board to reduce visibility of new structures from public roads or trails.
(4)
Clear-cutting of trees shall be prohibited in any location where such clear-cutting would alter the crest line of a ridge when that crest line is viewed from any publicly accessible place.
H.
Architecture.
(1)
Existing structures with historic or architectural significance shall be retained to the extent practical. Alterations to such structures shall be compatible with the architecture of the existing structure. New structures shall be compatible with the historic structures in their vicinity.
I.
Fences. Chain link fences and stockade or other fence designs that block visual access to land in a scenic road corridor shall be prohibited, unless such fences are necessary to screen a preexisting use that does not conform to the requirements of this section.
§ 220-16 Shawangunk Ridge Protection District (SP).
[Amended 11-6-2008 by L.L. No. 6-2008; 2-11-2020 by L.L. No. 1-2020; 1-14-2025 by L.L. No. 1-2025]
A.
Findings.
(1)
The Town of Gardiner finds that the unique scenic character, water resources, and fragile ecology of the Shawangunk Ridge, escarpment, and foothills are critical features of the Town whose conservation enriches and benefits residents and visitors.
(2)
The ecological resources of this entire area (which includes not only the SP District but also land located in the same ecosystem in adjoining towns) are of national and international significance, considered by the State of New York and major conservation organizations as one of the most important sites for biodiversity conservation in the northeastern United States. Because this area includes a set of closely related ecosystems, whatever occurs on one portion of it can have a significant effect on other resources. This area includes visually prominent and geologically significant cliffs and talus slopes and five globally rare plant communities, including the world's best example of the dwarf pine ridge community. The significance of this area has been documented in numerous programs and studies, including the Town's 2004 Comprehensive Plan and the "Green Assets" program report referenced therein, entitled "Planning for People and Nature Along the Shawangunk Ridge" (hereinafter "the Green Assets Report"). Gardiner is a participating Town in the Green Assets Program along with the Shawangunk Ridge Biodiversity Partnership.
(3)
As documented in the Town's 1992 Comprehensive (Master) Plan and the 2004 Comprehensive (Master) Plan update, which both contain provisions for the protection of the Shawangunk Ridge and its immediate surroundings, conservation of the visual resources, watersheds, and sensitive ecosystems in this area of the Town has repeatedly emerged as an important priority in the public planning process. While not all of this area is within the Town of Gardiner, any development within the Town at the higher elevations or on the steeper slopes of the Ridge can significantly affect the ecological integrity of this entire area. At higher elevations and on steeper slopes, the visual and ecological impacts tend to be more significant.
(4)
The Town therefore finds that protection of the scenic character and ecological integrity of the Shawangunk Ridge area are important to maintaining rural character, a sense of place, and scenic landscapes, all of which contribute to the Town's quality of life and its attractiveness for tourism and for residential and commercial development.
(5)
The Town further finds that limited development of the area covered by this district may be appropriate, as long as such development is carefully planned and designed to maintain, conserve, and enhance the scenic and ecological features of the area and the views into the landscape from publicly accessible locations. Protection of this area from inappropriate development is necessary to protect visual quality, water resources, and environmentally fragile areas.
(6)
In order to achieve the Town's goal of protecting the visual and environmental quality of this sensitive area, the Town finds that planning and zoning should direct development to areas of lower elevation by strictly regulating development at higher elevations and providing incentives for development to occur in the least sensitive locations. The Town finds that a "tiered" approach, in which land use is regulated less stringently at lower elevations and more stringently at higher elevations, is an appropriate tool to accomplish this goal, particularly with respect to protection of the steepest slopes and the large blocks of unfragmented forest.
B.
Purpose. The purpose of the Shawangunk Ridge Protection District (hereafter the "SP District") is to protect the resource values of the Shawangunk Ridge area as described in the Comprehensive Plan and to establish clear guidelines for its future protection and sensitive development.
C.
Location and boundaries. The Shawangunk Ridge Protection District is delineated on the Town of Gardiner Zoning Map and is divided into three subdistricts shown thereon as SP-1, SP-2, and SP-3. The purpose of this division into three subdistricts is to have a graduated system of regulation that is least restrictive at the bottom of the slope (SP-1), more restrictive on the middle portion of the slope (SP-2), and most restrictive at the higher elevations (SP-3). The subdistricts are shown on the Zoning Map. The location of the boundary lines between the subdistricts has been determined based on a combination of elevation, slope factors, and the pattern of existing development.
D.
Use regulations.
(2)
Any use not shown on the Use Table in Subsection I shall be prohibited in the SP-2 and SP-3 Subdistricts.
(4)
In making its determination on a special permit application, the Planning Board shall require the preparation of a conservation analysis pursuant to § 220-20A and shall make conservation findings as provided in § 220-20A(8). The Board shall consider all resource protection criteria and standards listed in Subsection F below and shall ensure maximum feasible protection of the SP District's unique resources, in particular the cliffs and talus slopes and the five globally rare plant communities identified in the Comprehensive Plan.
(5)
The Planning Board shall attach conditions to its special permit approval as it deems necessary to achieve the resource protection objectives of the SP District. Such conditions may include the following:
(a)
Limiting building to a specified "building envelope" area.
(b)
Requiring a conservation easement as described in § 220-21 on land outside a building envelope, only within the SP-3 Subdistrict.
(c)
Requiring landscaping to buffer and screen proposed structures.
(d)
Reducing the height, footprint, or floor area of a proposed structure.
(e)
Modifying the architecture, building materials, or other design features of a structure so that it will blend into the landscape.
(f)
Limiting alteration of landforms through grading, cutting, or filling.
(g)
Changing the location and siting of structures, including the alignment of roads and driveways and the placement of any other improvements on the property.
(h)
Restricting clearing of trees and reduction of tree cover.
(6)
In the event that, even with the imposition of conditions, the resource protection objectives of this section cannot be satisfied, the Planning Board shall deny an application for a special permit.
(7)
In order to enable the Planning Board to fulfill its obligations under Subsection D(4) and (5) above, an applicant shall be required to submit site plans, architectural elevations and models, ecological data, viewshed analyses, or any other materials that are deemed necessary by the Planning Board to make an informed decision.
E.
Dimensional regulations. The dimensional regulations for uses in the SP District shall be as follows:
(1)
In the SP-1 Subdistrict, dimensional regulations shall be as shown on the Dimensional Table in § 220-11.
(3)
Within the SP-2 Subdistrict, the following modified dimensional standards shall apply:
(a)
The minimum lot area shall be 10 acres except in open space developments. The maximum base density for open space developments shall be 10 acres per unit.
(b)
Maximum building height shall be 25 feet.
(c)
The maximum total floor area of all structures shall not exceed 6,000 square feet, unless the Planning Board finds that a structure of greater size will not compromise the purposes of this § 220-16 or the conservation findings, and that special design features or other mitigating circumstances justify allowing an increased floor area . Such circumstances may include the grant of a conservation easement on land of conservation value substantially in excess of the minimum lot area requirement.
(d)
No lot shall have more than five-percent impervious surface coverage except in open space subdivisions.
(4)
Within the SP-3 Subdistrict, the following modified dimensional standards shall apply:
(a)
The minimum lot area shall be 20 acres except in open space developments. The maximum base density for open space developments shall be 20 acres per unit.
(b)
Maximum building height shall be 25 feet.
(c)
The maximum total floor area of all structures shall not exceed 4,000 square feet, unless the Planning Board finds that a structure of greater size will not compromise the purposes of this § 220-16 or the conservation findings, and that special design features or other mitigating circumstances justify allowing an increased floor area . Such circumstances may include the grant of a conservation easement on land of conservation value substantially in excess of the minimum lot area requirement.
(d)
No lot shall have more than three-percent impervious surface coverage except in open space subdivisions.
(5)
For new subdivisions of land, the Planning Board may require an open space development based upon its conservation findings, as provided in Subsection F(1)(d) and (e) below. In such open space developments:
(a)
The requirements for lot area, setbacks, lot width, impervious surface coverage, and street frontage listed above and on the Dimensional Table may be varied as provided in § 220-20.
(6)
The minimum lot area for any preexisting lot which lies in more than one subdistrict and is not created as part of an open space development shall be the same as the minimum lot area for the SP-2 Subdistrict. In new subdivisions that are not open space developments, lots lying entirely in one subdistrict shall comply with the lot area requirements for that subdistrict. Lots that cross subdistrict boundaries shall comply with the lot area requirements for the subdistrict in which more than 50% of the land is located.
F.
Special resource protection design requirements for the SP District.
(1)
Purpose and applicability. The intent of the design requirements is to ensure that development within the SP District creates no more than a minimal impact on the scenic and ecological resources of the district and the surrounding area, makes open space planning a central focus of any future development, and provides siting principles to help landowners and the Planning Board plan projects that fit into the scenic and rural countryside in the Shawangunk Ridge area.
(a)
All development within the SP District that requires approval by the Planning Board, Town Board, or Zoning Board of Appeals shall comply with the standards in this Subsection F. For any parcel located partially within the SP-1 Subdistrict, approval of construction on portions of the parcel located in the SP-2 or SP-3 Subdistricts shall be prohibited except upon a finding of the Planning Board that the portions of the parcel located in the SP-1 Subdistrict are not the lowest feasible elevation for the proposed construction.
(b)
When considering an application, the Planning Board shall insert conditions on any approval, or deny approval, as necessary to satisfy the requirements of this Subsection F or any other part of this § 220-16. Such conditions shall include the requirement that permitted construction occur at the lowest feasible elevation on the parcel.
(c)
As part of any application for a subdivision, special permit, or site plan approval in the SP District, the applicant shall prepare a conservation analysis as described in § 220-20A, except in the case of a minor subdivision located entirely within the SP-1 Subdistrict. The scope of such a conservation analysis shall be tailored to the size, scale and impact of the proposed development. For applications involving only individual single-family dwellings on lots which existed on January 1, 2005, and for minor subdivisions and uses other than single-family dwellings, the conservation analysis requirement shall apply only to the portion of the property where construction or land disturbance is proposed. For lots created after January 1, 2005, the conservation analysis shall be prepared as part of the subdivision application process by which the lot is created. At the time of application for a special permit for a specific lot, the Planning Board shall rely on the prior conservation analysis but may request that the conservation analysis be updated or further detailed if necessary for the Board to make an informed decision.
(d)
Before making any decision on an application for a special permit or site plan approval, or for a subdivision sketch plan, the Planning Board shall make conservation findings as provided in § 220-20A(8) based upon this conservation analysis.
(e)
In the case of applications for conventional subdivisions, unless the Planning Board determines that the conventional subdivision would have less impact on the fragile visual and ecological resources of the district than an open space development, it shall deny tentative approval for the sketch plan of the conventional subdivision application and require the applicant to submit an open space development sketch plan consistent with its conservation findings, as provided in § 220-20.
(f)
In the event that an applicant files an application for an open space development, and the Planning Board determines that a conventional subdivision would have less impact on the fragile visual and ecological resources of the district, the Planning Board may deny tentative approval of the sketch plan for the open space development and require the applicant to submit a conventional subdivision sketch plan application.
(g)
The provisions of this section shall not apply to farm operations which are located within agricultural districts established pursuant to New York State Agriculture and Markets Law.
(2)
Guidance and consulting assistance.
(a)
For guidance in applying the standards in this § 220-16, the Planning Board may refer to recommendations in the Green Assets Report and "Gateway to the Shawangunks: Maintaining a Scenic Road Corridor" (1997), published by Mohonk Preserve, Inc. and Friends of the Shawangunks, as well as other design guidance documents which the Planning Board determines to be relevant to protecting the resources of the SP District.
(b)
The Planning Board shall retain the services of qualified experts, including but not limited to landscape architects, ecologists, DEC-certified professional foresters, arborists, hydrologists, engineers, and architects to the extent necessary to adequately review a conservation analysis and proposed open space development plan, and may charge the applicant for the reasonable costs of review by such experts. The level of required professional qualification of the experts shall be determined by the Planning Board and shall be commensurate with the scale and impact of the proposed development and the characteristics of the site. The Planning Board shall also refer all applications to the Town of Gardiner Environmental Conservation Commission (ECC) for comment, which must be received at or prior to the public hearing.
(3)
Building envelopes. To ensure that the placement of structures and other improvements complies with the standards in this Subsection F and minimizes visibility and impacts on the ecological resources of the escarpment and ridge, the Planning Board shall limit permitted development to specified building envelopes showing acceptable building sites and areas of permitted clearing of vegetation and grading of land. Constructed improvements and cleared vegetation shall not differ more than 20 feet in any direction from site locations within building envelopes shown on approved subdivision and/or site plans. Such building envelopes shall:
(4)
Regulation of land disturbance. The natural contours of the land and existing vegetation shall be maintained as much as possible. Any alterations to the natural landscape shall not adversely affect natural drainage or cause erosion or sedimentation. The following regulations apply to all development and other land-disturbing activities. For purposes of determining the location of steep slope areas, only slopes containing at least 3,000 square feet of contiguous steep slope area at least 10 feet in width shall be considered.
(a)
Limitation of area disturbed. All land-disturbing activities, including but not limited to clearing, grading, excavation, building construction, construction of driveways and roads, cutting, and filling, shall be limited to the minimum land area necessary to accommodate the proposed use or activity, and shall in no case be greater than 15,000 square feet plus land necessary for driveway access, unless a larger area is required by the County Health Department to accommodate a septic system, in which case that larger area shall be permitted to be disturbed.
(b)
Disturbance of very steep slopes (greater than 20%).
[1]
General prohibition on land disturbance. Land-disturbing activities, including but not limited to clearing, excavation, grading, construction, reconstruction, and investigative land-disturbing activities such as test wells, are prohibited on slope areas greater than 20% except as allowed under Subsection F(4)(b)[2] below.
[2]
Permitted uses and activities. The following are permitted on very steep slope areas, subject to applicable development standards:
[a]
Passive recreation uses, including trails not exceeding 10 feet in width.
[b]
Open space, forestry, and other conservation uses.
[c]
Land surveying or study.
[d]
Local distribution utilities, roads and driveways, provided that they comply with the standards set forth in Subsection F(4)(c)[3] and (g) below.
[3]
Any such development and uses on very steep slope areas shall minimize disturbance to soil geology, hydrology, and environmental features.
(c)
Disturbance of moderately steep slopes (between 12% and 20%).
[1]
Permitted uses and activities. All uses and activities allowed in the zoning subdistrict shall be allowed on moderately steep slopes, subject to applicable review procedures and standards.
[2]
Grading standards. The applicant shall preserve natural landforms and minimize grading and other land disturbance.
[3]
Limits on changing natural grade. The original, natural grade of a lot shall not be raised or lowered more than four feet at any point for the construction of any structure or improvements, except that:
[a]
The original grade of a lot may be raised or lowered a maximum of eight feet if retaining walls are used to reduce the steepness of man-made slopes, provided that the retaining walls comply with the requirements of this Subsection F(4).
[b]
These standards limiting change of natural grade shall not apply to grading required to construct or excavate a foundation or basement.
[c]
The Planning Board may approve modifications to these standards if it finds that such modifications would result in less total site disturbance and visual impact than would compliance with the maximum limits on changing natural grade stated in this subsection.
(d)
Revegetation required. Any slope exposed or created in new development on very steep or moderately steep slope areas shall be revegetated or landscaped with noninvasive species as soon as possible after land disturbance occurs, and such landscaping shall be properly maintained to prevent erosion.
(e)
Excavation and clear-cutting.
[1]
To the maximum extent feasible, excavation for footings and foundations shall be limited to minimize site disturbance and ensure compatibility with sloped terrain.
[2]
Unless performed pursuant to an approved site plan, special permit, subdivision, or building permit, or as a normal and customary activity in conjunction with an approved timber harvesting plan, excavation of any area and clear-cutting any area exceeding 2,000 square feet shall require a special permit from the Planning Board. If such excavation or clear-cutting occurs without a special permit, the Planning Board may refuse to issue an approval upon a subsequent application for a special permit, site plan, or subdivision for a period of two years. This subsection shall not apply to excavation done as part of the routine maintenance of existing roads, driveways, utilities, septic systems, or drainage ditches.
(f)
Retaining walls and terraces. Use of retaining walls and terraces is encouraged to reduce the steepness of man-made slopes and to provide planting pockets conducive to vegetation, in accordance with the following standards:
[1]
Retaining walls shall not exceed eight feet in height from the finished grade, except for:
[2]
Retaining walls shall be faced with stone or earth-colored materials similar to the surrounding natural landscape.
[3]
Terracing shall be limited to two tiers, except that the Planning Board may approve more than two tiers when a greater number of tiers will result in less land disturbance and less steep man-made slopes.
[4]
The width of the terrace between any two vertical retaining walls shall be at least five horizontal feet.
[5]
Terraces created between retaining walls shall be permanently landscaped or revegetated with noninvasive species.
[6]
The Planning Board shall determine the final configuration of retaining walls and terraces based upon the conservation findings and visual assessment.
(g)
Roads, driveways, and utilities.
[1]
All roads and driveways shall follow natural contour lines to the maximum extent feasible.
[2]
Roads shall not be constructed on slopes greater than 30% under any circumstances.
[3]
Roads shall not be constructed on very steep slopes between 20% and 30%, unless no other alternative exists to access a legal lot of record approved prior to the effective date of this section.
[4]
Driveways and utilities shall generally not be constructed or installed on very steep slopes greater than 20%. However, a short run of no more than 250 feet or 10% of the driveway and/or utility's entire length, whichever is less, shall be allowed on very steep slopes between 20% and 30%, based on geotechnical and visual impact studies and findings that:
[5]
Cuts shall be no higher than eight feet, with a final slope on each cut no greater than 20%.
[6]
Driveway grades shall not exceed 12%, as shown by profiles submitted with an application.
[7]
In order to minimize land disturbance, driveways shall be no longer than necessary to provide access to a buildable homesite on a lot. Driveways shall not exceed 1,200 linear feet in length, unless the Planning Board finds that a longer driveway is necessary to make access feasible. Driveways exceeding 1,200 feet in length, which are not otherwise subject to a special permit requirement, shall require a special permit from the Planning Board. Any home accessed by a driveway exceeding 1,200 feet shall incorporate a fire suppression system that complies with the recommendations of the Chiefs of the Gardiner and Shawangunk Valley Fire Departments. No driveway shall exceed a total of 2,500 feet in length. Driveways shall also comply with applicable requirements of §§ 184-33 and 220-43 of the Town Code.
(5)
Protection of water resources.
(a)
There shall be no structures located within 100 feet of a watercourse, wetland or spring unless specifically authorized by the Planning Board, consistent with the conservation findings.
(b)
There shall be no net increase in runoff, and pollution load shall not exceed the predevelopment load of nutrients or sediment.
(c)
Runoff from impervious surfaces shall be routed to detention ponds, cisterns, or infiltration structures. Any such ponds or structures shall be constructed in a manner that minimizes impacts on landscape character and ecological function.
(d)
Landowners shall bear full responsibility for the installation, construction, and maintenance of all erosion control measures required as a condition of approval.
(e)
All development shall be done with appropriate soil erosion and stormwater and sediment control measures, prepared in accordance with the requirements of the New York State Department of Environmental Conservation, as well as the erosion control standards described in other manuals specified by the Town's engineer. Soil erosion and stormwater and sediment control measures and facilities shall be properly maintained and the landowner shall permit periodic inspection by the Town at reasonable intervals and after major storm events to ensure such maintenance.
(6)
Visual protection and landscaping.
(a)
No principal or accessory structure in the SP-2 and SP-3 Subdistricts shall exceed a building height of 25 feet.
(b)
All structures shall be sited to avoid, to the greatest extent practical, occupying or obstructing public views of land that is located within the SP District. Public views shall be determined by conducting a viewshed analysis as required by SEQR using the SEQR Visual Environmental Assessment Form Addendum (VEAF) contained in 6 NYCRR 617.20 Appendix B. Visibility shall be measured using a condition of no leaves on trees. Viewshed analyses shall be required only to the extent necessary to ensure compliance with this subsection.
(c)
Existing vegetation shall be preserved to the maximum extent practical and shall be used as much as possible to buffer and screen new buildings.
(d)
Noninvasive native vegetation shall be maintained or planted to screen structures and other improvements from public roads, parks, or other public places.
(e)
Vegetation shall also be used as a backdrop to reduce the prominence of the structure.
(f)
Views from a structure shall be opened up only by selective cutting of small trees and pruning lower branches of large trees, rather than by clearing large areas or removing mature trees.
(g)
Clearing of vegetation shall be minimized at the edge of road shoulders, clearing only as much as is necessary to create a driveway entrance with adequate sight distance. Curves in the driveway shall be used to increase the screening of buildings. This shall not apply to roadside clearing to maintain views of the valley from existing Town, county, or state roads.
(h)
Structures and other development, including drainage structures, shall blend in with natural surroundings through use of materials such as stone or natural wood siding and shall avoid the use of reflective materials and bright colors that contrast dramatically with the colors of the land and vegetation around them.
(i)
Structures shall be constructed and maintained so that predominant exterior wall colors (including the colors of basement walls on the downhill side of the structure) and roof surfacing materials repeat the colors found most commonly in the land and vegetation around such structures.
(7)
Avoidance of forest fragmentation and protection of habitats.
(a)
Development of land, alteration of the landscape, and forestry activities shall be conducted in a manner that minimizes the fragmentation of contiguous forest habitats and other ecologically significant areas.
(b)
For major subdivisions, determination of the location of such habitats or areas shall be made in consultation with a qualified ecologist, biologist, and/or forester, following any applicable guidelines or standards established by the State of New York, as identified by the Planning Board or its consultants.
(c)
For major subdivisions in the SP-2 or SP-3 Subdistricts, the Planning Board shall refer the proposed plan to the New York Natural Heritage Program for its review and recommendations. The Planning Board may also refer the proposed plans to any other agencies or officials of the Town, county, state, or federal government as the Board may deem appropriate. If there is no response from any agency to which a referral is made within the time frame required for a decision, the Planning Board may proceed with its decision in the absence of a response.
(8)
Forest management.
(a)
Timber harvests and clear-cutting in excess of 2,000 square feet of land per year are allowed only by special permit from the Planning Board, provided that:
[1]
Such activities minimize clear-cutting and comply with the most recent versions of Timber Harvesting Guidelines for New York and Best Management Practices, as promulgated by the New York State Department of Environmental Conservation (DEC) and available from the Town's Building Department.
[2]
Such cutting is part of a forest management or wildlife habitat improvement plan prepared by a DEC certified forester and approved by the DEC or other professional or organization deemed acceptable by the Planning Board; and/or
[3]
Such cutting is necessary to prevent an imminent threat to life, public safety or property; and/or
[4]
Such cutting is necessary to ameliorate damage arising from severe natural occurrences, such as ice, wind, or insect damage.
(b)
In addition to complying with this § 220-16, timber harvests shall also comply with all relevant provisions of § 220-32, including the requirement to obtain a timber-harvesting permit from the Building Inspector after receiving a special permit from the Planning Board. The timber-harvesting permit shall include all conditions imposed by the Planning Board as part of its special permit approval. In case of any conflict between the requirements of §§ 220-16 and 220-32, the more restrictive requirement shall control.
(9)
Lighting.
(a)
Exterior lighting shall be controlled in both height and intensity so that the light level at any lot line shall not exceed 0.2 foot-candle, measured at ground level.
(b)
Floodlights shall not be used to light any portion of a principal or accessory structure facade, and all outdoor light sources mounted on poles or buildings or trees to illuminate driveways, sidewalks, walkways, parking lots, or other outdoor areas shall use fully shielded light fixtures pointed downward.
(c)
For purposes of this section, a "fully shielded light fixture" is one in which no more than 2.5% of the total output is emitted at 90° from the vertical pole or building wall on which it is mounted. All such fixtures shall be installed or shielded so that no part of the light source is visible beyond the property boundaries.
(10)
Location of residential units outside of SP-3. No residential units may be built in the SP-3 Subdistrict, unless the entire parcel proposed for development is located within the SP-3 Subdistrict.
(11)
Water and sewer facilities.
(a)
Sewage disposal facilities are permitted by special permit only within the SP-1 Subdistrict.
(b)
Central sewage systems, water supply facilities, and central water systems are permitted only by special permit within the SP-1 and SP-2 Subdistricts.
(c)
All such facilities shall comply with applicable requirements of state and county regulatory authorities and with the standards in this § 220-16. They shall be designed, sited, and constructed in a manner which does not produce odors and which minimizes land disturbance and excavation in environmentally sensitive areas.
(d)
To the extent feasible, priority shall be given to the use of systems which recharge groundwater using subsurface discharge, and/or which contribute positively to the SP District's ecological and landscape character, such as the use of constructed wetlands. Facilities which are necessary and do not enhance landscape character shall be screened to the maximum extent practical.
(e)
All water and sewer facilities described above shall be owned and operated by municipal water or sewer districts and shall not be owned or operated by transportation corporations.
G.
Conservation easement.
(1)
Except as provided in Subsection G(2) and (3) below, a conservation easement, as described in § 220-21C, shall be required by the Planning Board in connection with any approval in the SP-2 or SP-3 Subdistrict in order to ensure compliance with the requirements of this § 220-16, including the protection and buffering of views and significant habitats.
(2)
This requirement of a conservation easement may be satisfied in an open space subdivision with the conservation easement required by § 220-21C. For minor subdivisions or special permits, a recorded declaration of covenants and restrictions enforceable by the Town may be substituted for a conservation easement if the Planning Board determines that a conservation easement is unnecessary.
(3)
A conservation easement shall not be required in connection with a special permit for a single-family dwelling in the SP-2 Subdistrict.
H.
Conflicts with other provisions. In case of any conflict between the requirements of this § 220-16 and any other provisions of the Town of Gardiner Zoning Law, Subdivision Law,[1] or other local law, ordinance, or regulation, the requirements of this section shall control. The provisions of Article VI, Nonconforming Uses, Structures and Lots, shall be fully applicable in the SP District.
I.
SP-2 and SP-3 Use Table.
Use Table SP-2 and SP-3 Subdistricts — Principal/Accessory Uses | |||
|---|---|---|---|
SP-2 | SP-3 | ||
Principal Uses | |||
1. | Agriculture (only if located within a county-certified agricultural district) | P | P |
2. | Timber harvesting (over 2,000 square feet of land) | S | S |
3. | Public parks and playgrounds | S | S |
4. | Single-family dwellings | S* | S* |
5. | Two-family dwellings | – | – |
6. | Low-impact recreation and nature preserves (special permit required if parking lot is built) | P | P |
7. | Religious, educational, or cultural uses (libraries, houses of worship, museums, art galleries, schools and similar uses) | – | – |
Note: * Additions to existing dwellings in the SP-2 and SP-3 Subdistricts which do not exceed a cumulative total of 750 square feet shall not require a special permit. | |||
Accessory Uses | |||
1. | Residential accessory structures (garages, guest cottages, sheds, tennis courts, pools, and other customary facilities) | S | S |
2. | Buildings for sale of agricultural products | – | – |
3. | Keeping of domestic animals* (horses, cows, sheep, chickens, goats, ducks, geese, etc.) | P | P |
4. | Home occupation | S | S |
5. | Noncommercial kennels (over 4 dogs) | S | – |
6. | Municipal sewage disposal facility | – | – |
7. | Municipal central sewage system | S | – |
8. | Municipal water supply facility; central water system | S | – |
Note: * Keeping of household pets is permitted in all subdistricts as a customary residential accessory use. | |||
Legend/Key |
P = Permitted use |
S = Special permit required |
– = Not permitted |
§ 220-17 Soil Mining Floating District (SMF).
A.
Findings and purpose. The purpose of this floating district is to provide appropriate locations for soil mining. The Town wishes to allow soil mining to provide jobs, produce needed building materials, and support agricultural operations, while protecting the rural peace and quiet enjoyed by Town residents. The Town of Gardiner will therefore allow commercial mining only in those locations where it will help promote the Town's goals of maintaining rural character with minimum disturbance to residential neighbors. The SMF District is a "floating district" and will be mapped only where there are sand and gravel resources that have direct state or county highway access and sufficient buffering from nearby residences to avoid disturbance to residential neighbors. Landowners who wish to have their land included in the SMF District may apply to the Town Board for a Zoning Map amendment pursuant to § 220-69.
B.
Boundaries. The boundaries of the SMF District will be shown on the Floating District Zoning Map at such time as the Town Board amends that map consistent with the purposes in Subsection A above. The SMF District may be mapped only within areas zoned RA or CLI.
C.
Regulatory effect on land uses.
(1)
The land within the SMF District is the only land in the Town of Gardiner where new soil mines may be permitted and where existing soil mines will be allowed to renew their permits from the New York State Department of Environmental Conservation.
D.
Soil mining regulations.
(1)
Soil mining shall be allowed within the SMF Floating District, 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.
(2)
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.
(3)
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.
(4)
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 § 220-40. 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:
(a)
Ingress from and egress to public thoroughfares controlled by the Town;
(b)
Routing of mineral transport vehicles on roads controlled by the Town;
(c)
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;
(d)
Enforcement of reclamation requirements contained in any DEC permit.
§ 220-18 Resort Development Floating District (RDF).
A.
Purpose. The purpose of the RDF District is to provide use and design flexibility to encourage the development of inns, hotels, and small-scale resorts that fit into the rural character of the Town and protect its scenic, historic, and environmental resources. This district provides a procedure for master planned development of large properties to promote tourism, recreation, and open space protection. In exchange for granting permission for use flexibility and more intensive development than is allowed by the underlying zoning, the Town seeks to achieve significant protection of open space resources, especially scenic viewsheds, ridgelines, water resources, and ecosystems.
B.
Boundaries. The RDF is a "floating district," which is not currently shown on the Zoning Map. Landowners who wish to develop according to this § 220-18 may apply to the Town Board for a Zoning Map amendment pursuant to § 220-69 to rezone their land RDF. In order to be mapped as an RDF District, the property must consist of at least 50 acres of land in the RA District with direct access to a state or county highway. The Town Board has the sole discretion whether or not to entertain such an amendment, which must be consistent with the Comprehensive Plan.
C.
Regulatory effect of district on land uses. Within the RDF District, the following regulations apply, superseding the regulations of the underlying district where there is a conflict.
(1)
Allowable uses. Within the RDF District, the following uses are allowed:
(b)
Lodging facilities, meeting rooms, and conference facilities.
(c)
Restaurants.
(d)
Retail, recreational, and service businesses associated with the resort use, including health spas.
(e)
Riding academies and other equestrian uses.
(f)
Such other uses as may be approved by the Planning Board in issuing a special permit for a development plan.
(2)
Conservation analysis requirement. For any application for subdivision or any development that involves uses other than those allowed in the RA District, the applicant shall prepare a conservation analysis of the land as described in § 220-20A. This shall be submitted to the Planning Board, which shall make conservation findings prior to the preparation of any master development plan for the site pursuant to Subsection C(3) below.
(3)
Special permit for master development plan. For any development that involves any uses other than those allowed in the RA District, the applicant shall prepare a master development plan for the entire site. The master development plan shall require special permit approval by the Planning Board and shall be consistent with the Town of Gardiner Comprehensive Plan. A master development plan shall be based upon the conservation findings and shall include a conceptual site plan showing an open space system (including preserved open space), 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, and a phasing plan if the project is to be built in phases. Where buildings will be visible from public roads, bicycle trails, or other publicly accessible areas, the Planning Board shall require the submission of proposed elevations of buildings and/or proposed architectural standards or covenants. The Planning Board shall review the special permit application as provided in §§ 220-60 through 220-63 and may attach such conditions as it finds necessary to ensure that the master development plan will be in harmony with surrounding land uses and the purposes of the floating district. Upon approval of the master development plan and conceptual site plan with attached conditions on use and dimensional standards, site plan approval only shall be required to implement individual components of the proposed plan.
(4)
Minimum open space and protection of viewsheds and other resources. A minimum of 80% of the total land area of the parcel shall be preserved by a conservation easement as open space, as provided in § 220-21, based upon the conservation analysis. Priority in open space protection shall be given to land within the SPO District, land that is prominent in the viewshed from the Shawangunk Ridge, historic resources, unique ecosystems, prime agricultural land, and water resources. Open space land 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. Golf courses, if approved, shall be required to be certified by the Audubon Society or a similar organization with the certification program for the ecologically sound stewardship of golf courses.
(5)
Maximum impervious surface coverage and dimensional standards. Maximum Impervious surface coverage, as defined in § 220-74, shall be 15% of the total site area, including preserved open space areas. Land and buildings used exclusively to house employees of the resort development shall be excluded from the calculation of impervious surface coverage, as an incentive to provide such housing on site. The dimensional standards in § 220-11 shall not apply. Maximum building height shall be 35 feet. Other dimensional and density standards shall be as approved by the Planning Board in the master development plan, based upon the physical characteristics of the site, the character of the proposed development, and the requirements of the SEQR process.
(6)
Buffer requirements. A master development plan in the RDF District shall provide open space buffers of at least 200 feet from any existing residential uses that are not within the RDF District. Such buffers may be wooded or open and may contain trails, but may not contain any buildings or other recreational facilities.
§ 220-18.1 Mobile Home Floating District (MHF).
§ 220-18.2 Campground Floating District (CF).
[Added 2-11-2020 by L.L. No. 1-2020]
A.
Boundaries. The CF District is a "floating district" that is not currently shown on the Zoning Map. To create a CF District, a zoning map amendment pursuant to § 220-69 shall be required. In order to be mapped as a CF District, the property must be located in the RA or SP-1 District. The Town Board has the sole discretion whether or not to entertain a request to amend the Zoning Map to create a CF District, which must be consistent with the Comprehensive Plan.