Goshen Town City Zoning Code
ARTICLE V
Overlay District Regulations
§ 97-25 Flood Plain and Ponding Area Overlay District (FP). [1]
The areas of the Town of Goshen which are subject to periodic inundation and ponding, as delineated on the Overlay District Map, are designated as the Flood Plain and Ponding Area Overlay District for the purposes of protecting human life, preventing material losses and reducing the cost to the public of rescue and relief efforts caused by the unwise occupancy of areas subject to floods and ponding. In the FP Overlay District, no structure shall be erected, constructed, reconstructed, altered or moved except as listed below. The FP District is the area defined on the National Flood Insurance Mapping Program Flood Insurance Rate Maps as "A" ("Special Flood Hazard Areas") Zones for the one-hundred-year floodplain.
B.
The following shall be permitted upon approval of a special permit by the Planning Board in accordance with Article IX. Minimum ground floor elevations of any building shall be required to meet the one-hundred-year floodplain elevation.
C.
Notwithstanding the above, the Planning Board, upon a finding that an area in the FP Overlay District is safe from flooding or ponding, may permit such area to be used in accordance with the regulations (including use, area, bulk and height) for the land use district. An applicant applying for such permission shall produce sufficient evidence that the area covered by the application is now actually safe from flooding or ponding. Such evidence shall include an indication that means of vehicular access to the premises from an existing street is safe from flooding, and may include engineering surveys and reports. Evidence shall also be submitted that sewage disposal, water supply and surface drainage facilities are adequate to serve the intended use. Approval of an application by the Planning Board shall affect only that portion of the land in the FP District described in the application.
§ 97-26 Stream Corridor and Reservoir Watershed Overlay District (SC).
A.
Findings and purpose. The Town of Goshen finds that special protection of the Town's stream corridors and the reservoirs used for the village water supply is necessary to preserve their scenic character and water quality. The purpose of this section is to regulate land uses within stream corridors and reservoir watersheds to protect water quality, scenic resources, and the overall appearance of the community, as well as to reduce the risk of damage from flooding.
B.
Boundaries. The Stream Corridor and Water Supply Watershed Overlay District includes all land lying within 150 feet of the mean high water line of the Wallkill River, the Otter Kill, and other streams or stream segments shown as within the SC District on the Overlay District Map, as well all lands lying within the Village of Goshen water supply reservoir watersheds as delineated on the Overlay District Map.
C.
Effect of district. Within the SC Overlay District, all of the underlying land use district rules remain in effect, except as they are specifically modified by this § 97-26.
D.
Setbacks. No principal structure shall be located within 100 feet of a watercourse, and no accessory structure 200 square feet or larger other than a boathouse shall be located within 50 feet of a watercourse. No hazardous materials may be stored within 100 feet of a watercourse. These setbacks shall apply to all uses including agriculture. Setbacks shall be measured horizontally from the mean high water line of the watercourse.
E.
Site plan approval requirement.
(1)
Within the SC District, site plan approval shall be required for the following:
(a)
Construction of any structure greater than 500 square feet in footprint area.
(3)
Within the SC District, the Planning Board may grant site plan approval only if it finds that, with appropriate conditions attached, that the proposed activity:
(a)
Will not result in degradation of scenic character and will be aesthetically compatible with its surroundings.
(b)
Will not result in erosion or surface water pollution from surface or subsurface runoff. In making such determination, the Planning Board shall consider slopes, drainage patterns, water entry points, soil erosivity, depth to bedrock and high water table, and other relevant factors. The Planning Board may require vegetated riparian buffers in which no application of chemicals, vegetation removal, and/or mowing will be permitted.
(c)
Will comply with other applicable provisions of this chapter.
F.
Erosion and stormwater control plan requirement. For any special permit, site plan, or subdivision application in which land to be disturbed lies partially within the SC District, an erosion and sediment control plan shall be required pursuant to § 97-42 if the total disturbed area (including portions outside the SC District) exceeds 10,000 square feet.
§ 97-27 Aquifer Overlay District (AQ-3 and AQ-6).
[Amended 2-23-2009 by L.L. No. 1-2009]
The Town of Goshen has determined, through hydrologic studies, that groundwater supply and quality are serious limiting factors in the development of land within the Town. In order to safeguard the Town's potable water supplies, portions of the Town are hereby divided into two Aquifer Overlay Subdistricts shown on the Overlay District Map as AQ-3 and AQ-6. All proposed uses within the AQ Overlay District, except for small-scale residential development in the RU District (see § 97-19), shall be subject to the requirements of this section. The regulations in this section set the maximum potential limit for density or intensity of development on a particular site and are based primarily upon the findings of the Town-Wide Potable Water Planning Study, dated January 2003 (hereinafter referred to as the "Potable Water Study"), prepared by the engineering firm Schoor DePalma, referred to in the Comprehensive Plan and available in the office of the Building Inspector. The Potable Water Study divided the Town into numbered watersheds for analytical purposes. As used in this § 97-27, the term "watershed" refers to the watersheds identified in the Potable Water Study.
A.
Maximum densities for residential uses. Except as provided in Subsection B below, the maximum allowable density for residential uses that are not served by public sewer and public water shall be three acres per dwelling unit in the AQ-3 and six acres per dwelling unit in the AQ-6. This shall not apply to small-scale development (see § 97-19), except that any subsequent development of parcels from which small-scale development lots have been subdivided shall result in total densities (including the small-scale development lots) no greater than permitted by this Subsection A. For residential uses that are served by public water, if the water source is groundwater located within the Town of Goshen, the water protocols referred to in Subsection D shall be followed to determine the amount of water that may be withdrawn for the development. This may limit the permitted density within a proposed development.
B.
The maximum densities referred to in Subsection A above may be increased if an applicant can show, through site-specific hydrological analysis and project design measures, that the particular proposed project will not adversely affect the supply and quality of potable water, using the water testing protocols described in Subsection D below and Appendix C.[1] The applicant may propose design measures to reduce impacts on potable water, which shall be considered by the Planning Board in determining an alternative allowable density. Such measures may include, without limitation, minimization of impervious surfaces, minimization of lawns and water-consumptive gardens, prohibition of or use of moisture meters on lawn sprinkler systems, use of gray water recycling, advanced subsurface wastewater discharge systems and use of water-saving plumbing fixtures that are more efficient than required by applicable building and plumbing codes. The maximum density increase provided in this subsection shall be no greater than one unit per two unconstrained acres in the AQ-3 and one unit per three unconstrained acres in the AQ-6.
[1]
Editor's Note: Appendix C is included at the end of this chapter.
C.
Nonresidential uses. Nonresidential uses which are not served by public sewer and public water shall be evaluated on a case-by-case basis for their impact on groundwater supply and quality. For nonresidential uses that are served by public water, if the water source is groundwater located within the Town of Goshen, the water protocols referred to in Subsection D shall be followed to determine the amount of water that may be withdrawn for the development. Such nonresidential uses shall be subject to such restrictions on operations, use of materials, waste management, and stormwater control as the Planning Board deems necessary to protect groundwater resources from pollution. The Planning Board may deny site plan or special permit approval for any use in which the applicant cannot show that adequate protective measures will be taken to prevent potentially hazardous materials or wastes from endangering groundwater resources.
D.
Water testing protocols. The water testing protocols to be applied in conjunction with the requirements of this § 97-27 are contained in Appendix C of this chapter.[2]
[2]
Editor's Note: Appendix C is included at the end of this chapter.
E.
Well monitoring and reporting. All wells that are drilled pursuant to this section or as required in the course of any development approval shall be subject to reporting requirements established by the Planning Board in order to determine the actual impact of the development on the Town's potable water supply. This well data shall be filed with the Building Inspector within one week of obtaining test results and will be used as part of an ongoing effort to refine and update the Town's groundwater information in order to improve the Town's aquifer protection system. This data will normally be collected and reported at the time the wells are first drilled and tested.
§ 97-28 Soil Mining Overlay District (SM).
[Amended 2-23-2009 by L.L. No. 1-2009]
A.
Findings and purpose. The purpose of this overlay district is to provide appropriate locations for soil mining. The Town seeks to balance the need for soil mining to financially support bona fide agricultural operations and provide needed materials, while protecting the rural peace and quiet enjoyed by Town residents. The Town of Goshen will therefore allow commercial mining only in those locations where it will help promote the Town's goals of maintaining rural character and a viable agricultural sector with minimum disturbance to residential neighbors. The SM District has been delineated to include mineral resources located on existing commercial farm operations that have adequate highway access and sufficient buffering from nearby residences.
B.
Boundaries. The boundaries of the SM Overlay District are shown on the Overlay District Map.
C.
Effect of district. The land within the SM District is the only land in the Town of Goshen, other than the I Industrial District, where new soil mines may be permitted and where existing soil mines will be allowed to renew their permits from the New York State Department of Environmental Conservation. All new soil mining operations or expansions of existing soil mining operations shall require a special permit from the Town Board, subject to all applicable special permit requirements in Article IX as well as the regulations in Subsection D below.
[Amended 7-23-2009 by L.L. No. 4-2009]
D.
Soil mining regulations.
(1)
Soil mining shall be allowed only within the SM Overlay District and the I District, subject to a special permit, 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 § 97-50. 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.
E.
Nonconforming soil mines. A nonconforming soil mining operation may expand by mining within the boundaries of the original parcel on which the mine was legally permitted, but only to the extent allowed by an existing Department of Environmental Conservation (DEC) permit or as otherwise provided by the laws of New York State. This shall not prevent the continuation of any nonconforming industrial use of a property where soil mining products mined off site are used as a raw material.
§ 97-29 Scenic Road Corridor Overlay District (SR).
[Amended 2-23-2009 by L.L. No. 1-2009]
A.
Findings and purpose. Special protection of scenic road corridors is necessary to preserve the attractive rural quality of the Town. The purpose of this section is to regulate land uses within designated scenic road corridors to protect the Town's scenic beauty and rural character. This section is intended to apply to those sections of road corridors that substantially retain their scenic character and have not been subject to significant commercial or intensive residential development. The protections in § 97-14D are intended to cover areas that are or will be subject to commercial development.
B.
Boundaries. The Scenic Road Corridor Overlay District includes all land in the RU District shown on the Overlay District Map as part of the SR District, lying within 800 feet of the right-of-way of NY State Routes 17M and 17A or within 500 feet of any other roads shown on the Overlay District Map.
C.
Effect of district. Within the Scenic Road Corridor Overlay 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 SR 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 § 97-10:[1]
(1)
Construction of any structure or any addition to a structure greater than 500 square feet in footprint area, including residential structures.
(2)
Within any one-year period, in any location that is visible from the designated scenic road in winter:
[1]
Editor's Note: The Use Table is included at the end of this chapter.
E.
Site plan approval exemptions. Within the SR District, the site plan approval requirement shall not apply to:
F.
General standards. Within the SR District, site plan approval may only be granted if, with appropriate conditions attached, the proposed activity:
(1)
Will not result in degradation of scenic character and/or will be aesthetically compatible with its surroundings.
(2)
Will minimize the removal of native vegetation, except where such removal may be necessary to open up scenic views and panoramas.
(3)
Will locate and cluster buildings and other structures in a manner that minimizes their visibility from the road to the extent practical.
G.
Landscape.
(1)
A continuous green buffer, at least 100 feet deep along Routes 17M and 17A and 50 feet deep along the other scenic roads, shall be maintained. This buffer shall consist of native trees and shrubs, as well as fields, meadows, and lawn areas. Bike paths 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.
(2)
Shade trees shall be provided within 25 feet of the right-of-way at no more than forty-foot intervals. An applicant for site plan or special permit approval shall not be required to plant more than one shade tree per 1,000 square feet of floor area proposed to be developed on the parcel.
(3)
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.
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.
(2)
Buildings visible from the scenic roads, including canopies for accessory facilities, shall have peaked roofs with a slope of at least 8:12, except that hip roofs with a slope of at least 4:12 and flat roofs that are hidden by a raised cornice shall also be permitted.
(3)
Windows shall be vertically proportioned and balanced on facades, with width-to-height ratios ranging from 1:2 to 3:5. Horizontal windows may be used just below roof eaves ("eyebrow" windows) and as first-floor display windows.
I.
Fences. Chain link fences and stockade or other fence designs that block visual access to land in the corridor shall be prohibited, unless such fences are necessary to screen a preexisting use that does not conform to the requirements of this section.
§ 97-29.1 Commercial Recreation Overlay District (CR).
[Added 9-14-2017 by L.L. No. 4-2017[1]]
A.
Findings and purpose. The Town Board hereby finds that it is in the best interests of the Town and its residents to continue to diversify the economic base of the Town in order to increase tax and other revenues from commercial development in the Town to offset the costs of providing residential services in the Town and to provide job opportunities to local residents. The purpose of this overlay district is to allow commercial recreation and tourism development opportunities in the Town along New York State Route 17.
B.
Boundaries. The Commercial Recreation Overlay Zoning District includes properties adjacent and with nearby access to New York State Route 17 located within the Rural (RU) and Hamlet Residential (HR) Zoning Districts in the Town of Goshen, as more particularly described in the Zoning Overlay Map amendment[2] and as shown on the Zoning Overlay Map.
[2]
Editor's Note: See the entry for L.L. No. 4-2017 in Attachment 6 to this chapter.
C.
Special permit required. A commercial recreation facility shall require the issuance of a special permit and site plan approval by the Planning Board, subject to the relevant procedures and required findings set forth within Article IX of this chapter.
D.
Environmental review. Prior to making a determination to grant or deny special permit and site plan application for a commercial recreation facility, the Planning Board shall require the preparation of, and adherence to the procedures for, an environmental impact statement pursuant to the State Environmental Quality Review Act ("SEQRA") and its implementing regulations.
E.
Public water and sewer. A commercial recreation facility shall require the utilization of public water and sewer services.
F.
Commercial recreation facility standards. A commercial recreation facility special permit and site plan/subdivision application shall meet the standards set forth in this chapter; provided, however, that where a conflict exists between the development standards contained in this section and any bulk, use table, guideline, standard, regulation, requirement, or any other limitation or restriction contained in this chapter, the development standards in this section shall govern and supersede all others.
G.
Development standards. A commercial recreation facility is subject to the following development standards:
(1)
Minimum lot area. The minimum total consolidated or combined lot area for a commercial recreation facility shall be no less than 200 contiguous acres. This provision does not apply to any lot or lots utilized for utilities.
(2)
Ownership. The tract of land proposed for commercial recreation facility may have one or more owners, and every application shall require the written consent of all individuals, firms, associations, syndicates, partnerships or corporations with proprietary interest in the affected land, authorizing the applicant to act on behalf of the owner or owners in connection with all matters pertaining to the commercial recreation facility application. In the case of multiple ownership, a plan once approved shall be binding on all owners, their successors and assigns.
(3)
Permitted uses. The following uses are permitted within the Commercial Recreation Overlay Zoning District, as are associated accessory uses:
(a)
Indoor commercial recreation. Recreational activities conducted entirely within a building, including but not limited to tourism facilities, interpretive learning centers, aquariums and museums, operated on a commercial or fee basis, and may include the following accessory uses, such as food service, theaters, retail sales and other accessory uses incidental to the recreational activity.
(b)
Outdoor commercial recreation. Recreational activities conducted outside of a building conducted on a commercial or fee basis. An outdoor recreational use may include, but are not limited to, motorized rides and accessory uses and buildings, food stands, retail sales and other uses accessory and incidental to the outdoor commercial use.
(c)
Hotels with or without conference space.
(d)
Restaurants.
(e)
A commercial recreation facility may include a mix of the above uses, which may be located on a single consolidated lot or lots to be combined, or on adjacent lots which may be separated by access roads or other lots, provided that the various lots are integrated into the overall design. Access roads and driveways may be located within setback areas, including associated grading work for such roads and driveways.
(4)
Land use requirements. The applicant shall submit, as part of its site plan and/or subdivision, layouts and development standards for minimum lot size, frontage, yard requirements, height restrictions and any other bulk standard or land use control requirements which shall be subject to approval by the Planning Board. Unless otherwise approved by the Planning Board, the following dimensional development standards shall apply:
(a)
Minimum road frontage: 500 feet.
(b)
Minimum front yard setback: 50 feet.
(c)
Minimum side yard setback: 50 feet.
(d)
Minimum rear yard setback: 50 feet.
(e)
Maximum impervious surface coverage: 25%.
(f)
Maximum height: 100 feet.
(g)
Maximum footprint for any nonresidential structure: 100,000 square feet.
(5)
Access roads. Access roads to and within a commercial recreation facility shall generally be interconnected and shall be a maximum width of 60 feet of continuous pavement. At least two access points to a commercial recreation facility shall be provided onto a public road. Except for approval by the Planning Board and any necessary governmental permitting, no variance or authorization pursuant to New York Town Law § 280-a or otherwise shall be required for the location of access roads to any lot within the CR District, including any part of such lot only subject to the underlying zoning.
(6)
Building area. The location and arrangement of all structures shall be in harmony with the purposes of this special use. The location and arrangement of structures shall not be detrimental to existing adjacent development or to the existing or prospective development of the Town.
(7)
Boundary setbacks, buffer areas and transitional uses. Along the boundaries of a commercial recreation facility, provision shall be made for a combination of uses and buffer areas that constitute a transitional separation between surrounding existing and prospective uses and the proposed development. If the existing use adjoining a commercial recreation facility is residential, sufficient buffers and screening, which may consist of undisturbed natural areas, shall be provided at the perimeter of the site where the commercial recreation facility is to be constructed, to buffer and screen such residential development from the commercial recreation facility to the greatest extent practicable.
(8)
Off-street parking and loading requirements. Sufficient and adequately designed off-street parking spaces and loading areas shall be provided, and the internal circulation system shall be adequate to provide safe accessibility within the site. The adequacy of the number of proposed parking spaces shall be determined by the Planning Board.
(9)
Underground utilities. To improve the quality of the environment and to reduce inconvenience during bad weather, where possible, utilities, including electric and cable, shall be installed underground within the commercial recreation facility. This provision does not apply to electrical transmission facilities.
(10)
Utilities and drainage facilities. Utilities and drainage facilities shall be designed in accordance with New York State and local requirements and industry standards and best management practices.
(11)
Conditions. The Planning Board, at its discretion, may attach any reasonable conditions on an approved commercial recreation facility special permit as necessary to assure conformance of the commercial recreation facility with the intent and objectives of this section.
(12)
Clearing and grading. Clearing and grading for a commercial recreation facility may commence upon the granting of a clearing and grading permit by the Town Building Inspector and compliance with any permits incidental to the clearing and grading activities, such as the SPDES general permit for stormwater discharges from construction activity (GP-0-15-002).
[1]
Editor's Note: This ordinance also provided for expiration of these provisions as follows: "This Commercial Recreation Overlay District shall terminate and cease to exist without further action by the Town Board if the Town Planning Board does not approve a special permit and site plan and/or subdivision for a Commercial Recreation Facility within six (6) months of the effective date of this local law or, if so approved, the Commercial Recreation Facility is thereafter abandoned."