New Paltz City Zoning Code
ARTICLE IV
District Regulations
§ 140-18 Light Industrial District.
The Town Board may, after Planning Board review, public notice and hearing, approve the development of a parcel of land for light industrial use and establish a special Light Industrial District for such development to be imposed on any A, R-1 and B-2 District, subject to the following conditions:
B.
Application of regulations. Individual uses and structures in a Light Industrial District need not comply with the specific building location, height, lot size and open space requirements of the underlying basic district. The overlay superimposes the regulations for the Light Industrial District upon the underlying district.
C.
Use regulations.
(1)
Permitted uses. Uses permitted in the I-1 District shall be as determined in accordance with § 140-8B of this chapter and any regulations supplementary thereto.
[Amended 12-30-1987 by L.L. No. 9-1987]
(2)
Prohibited uses shall be as follows:
(a)
Residential uses, except that dwellings of caretakers and any and all residential uses made and permitted prior to the establishment of such I-1 District in accordance with this section shall be allowed to continue as so permitted heretobefore.
(c)
Any use, although expressly allowed as a permitted use, if the particular application or adaptation of such use is or shall become or cause a nuisance.
D.
Performance standards.
(1)
General standards. The following general standards are hereby adopted for the control of uses in any Light Industrial District, and no use shall be permitted, established, maintained or conducted therein which shall cause or be likely to cause:
(a)
Excessive smoke, fumes, gas, dust, odor or any other atmospheric pollutant beyond the boundaries of the lot whereon such use is located. What smoke is excessive shall be determined according to Ringelmann's Scale for Grading the Density of Smoke, published by the United States Bureau of Mines, when the shade or appearance of such smoke is darker than No. 2 on said Ringelmann Smoke Chart.
(b)
Noise perceptible beyond the boundaries of the lot occupied by such use causing the same.
(c)
Any pollution by discharge of any waste material whatsoever into any watercourse, open ditch or land surface.
(d)
Discharge of any waste material whatsoever into any sanitary disposal system or sewerage system, except only in accordance with the rules of and under the control of public health authorities or the public body controlling such sewerage system. Any chemical or industrial waste which places undue loads, as determined by the Town Engineer, shall not be discharged into any municipal system and must be treated by the industrial use.
(e)
Storage or stocking of any waste materials whatsoever.
(f)
Glare or vibration perceptible beyond the lot lines whereon such use is conducted.
(g)
Hazard to person or property by reason of fire, explosion, radiation or other cause.
(h)
Any other nuisance harmful to persons or property.
(2)
Specific standards. The following specific standards are hereby adopted and must be complied with for any by any use in any Light Industrial District and before the same is permitted, established, maintained or conducted:
(a)
Storage facilities. Materials, supplies or semifinished products shall be stored on the rear 1/2 of the property and shall be screened from any existing or proposed street.
(b)
Loading docks. No loading docks shall be on any street frontage. Provisions for handling of all freight shall be on those sides of any building which do not face on any street or proposed streets.
(c)
Landscaping. It is hereby declared that all areas of the plot not occupied by buildings, parking, driveways or walkways or storage shall be landscaped attractively with lawn, trees, shrubs or other plant material. Such landscaping shall take into consideration the natural growth presently on the premises and the nature and condition of the terrain as well as the situation of the lands and premises themselves and with regard to adjoining lands and premises.
(d)
Fences and walls. Property that is adjacent to a residential or business district shall be provided along such property lines with a wall, fence, compact evergreen hedge or a landscaped strip of trees and shrubs so designed as to form a visual screen not less than six feet high at the time of planting. Except for landscaped areas and parking areas, a use which is not conducted within a completely enclosed building shall be screened by a six-foot solid masonry wall, chain-link fence covered with an evergreen vine or compact evergreen hedge. Where a front yard adjoins a street, the wall, fence or hedge shall be located no closer to the street than the depth of the required yard.
(g)
Buffer strip. In addition to the fences and walls, the entire district must be separated along its outside boundary from any adjoining residential zones by a buffer strip, suitably landscaped, at least 100 feet wide.
(h)
Minimum(s). No industrial building structure or use (including any required parking space) shall be located nearer than 100 feet to the nearest portion of any residence.
[Added 2-25-1999 by L.L. No. 1-1999]
(3)
Proper and adequate water supply, sewerage and waste disposal, other utility services and accessibility to and from public streets must be provided.
(4)
Special consideration must be given to the traffic generated by each proposed use in a Light Industrial District, and no undue traffic volumes shall be permitted on residential streets. Such data is to be submitted with each petition for amendment. No access drive for any I-1 District shall be within 300 feet of and on the same side of the street as a school, public library, theater, church or other public gathering place, park, playground or fire station unless a street 50 feet or more wide lies between such access drive and such building or use.
E.
Area and bulk regulations. Area and bulk requirements shall be in compliance with those for I-1 Districts as set forth in the Density Control Schedule of this chapter.[1]
[1]
Editor's Note: The Density Control Schedule is included at the end of this chapter.
F.
The Planning Board, upon review of the proposed development, may prescribe such additional conditions as are, in its opinion, necessary to secure the objectives of this chapter.
G.
Procedure.
(1)
Application for rezoning classification of a site shall be filed by the owner or several owners jointly, or the holder of a written option of purchase of the site, with the Secretary to the Town Board, in writing and in a form required by the Town Board, and shall be accompanied by a certified check in the amount set forth from time to time by resolution of the Town Board to help defray the cost of advertising the hearing on said petition and incidental disbursements. The applicant shall also submit the following:
[Amended 12-30-1987 by L.L. No. 9-1987]
(a)
A plan of the site and surrounding areas drawn to scale and accurately dimensioned, showing the location of existing and proposed land use areas, lots, buildings, structures, parking and loading areas and access roads and streets, community facilities and topography.
(b)
The use and height of each proposed building or structure, yard lines, lot coverage and the number of parking spaces in each proposed parking area and the expected flow of traffic in and out of the area.
(c)
Any additional data as may be requested by the Planning Board in order to determine the suitability of the tract for the proposed development.
(2)
Each application shall be referred to the Planning Board. The Planning Board shall report its recommendations thereon to the Town Board, accompanied by a full statement of the reasons for such recommendations, prior to the public hearing. If the Planning Board fails to report within a period of 45 days from the date of receipt of notice or such longer time as may have been agreed upon by it and the Town Board, the Town Board may act without such report.
(3)
The Town Board, by a resolution, shall fix the time and place of the public hearing and cause notice to be given as follows:
(b)
By giving notice of hearing to any required municipal, county, state or federal agency in the manner prescribed by law. Upon approval of the proposed development, the new district established shall be excepted from the provisions and controls of this chapter only to the extent specified in the approval, and such new district shall become a part of the regulations established herein, shall be enforced in the same manner and be similarly subject to amendment, except that, if construction of the proposed development is not commenced within one year after approval of the Town Board, such approval shall be revoked, and such area shall be subject to the requirements of the prior district regulations.
§ 140-19 Floodplain District.
[Amended 2-23-1983 by L.L. No. 1-1983; 12-30-1987 by L.L. No. 9-1987; 5-20-2010 by L.L. No. 3-2010[1]]
A.
Legislative intent.
(1)
Development of land within the special flood hazard areas in the Town of New Paltz could result in the potential loss of life and property, create health and safety hazards, and lead to extraordinary public expenditures for flood protection and relief. Since the development of these areas is not essential to the orderly growth of the community, and since these lands are suitable for open space uses that do not require structures, fill, obstructions, or any other form of development, the Town of New Paltz finds that it is in the best interests of the Town residents to establish standards, regulations and restrictions for development within a Floodplain District.
(2)
The Floodplain District shall include all lands located within areas of special flood hazard [which are hereinafter described as Floodway (FW), Flood Fringe (FF) and General Floodplain (GF)], which have been identified by the Federal Emergency Management Agency (FEMA) in a scientific and engineering report ("report") entitled the "Flood Insurance Study – Ulster County, New York," (FIS No. 36111CV001A) with accompanying Floodway Hazard Boundary Maps (FHBM), the Flood Boundary - Floodway Maps (FBFM) and the Flood Insurance Rate Map (FIRM), as such report may be updated and revised from time to time. The current report is filed in the office of the Town Clerk.
(3)
The construction of residential and nonresidential structures therein shall be subject to, and regulated by, the New York State Uniform Fire Prevention and Building Code[2] and by all federal, state and/or local governmental and/or agency statutes, ordinances, laws, rules and regulations made and provided for the prevention of flood damage in the Town of New Paltz and as further set forth in Chapter 82, Flood Damage Prevention, of the Code of the Town of New Paltz, and additionally shall be subject to and regulated by the standards and the requirements of the National Flood Insurance Program (NFIP).
B.
Purpose. The Floodplain District is established to permit only that development within the special flood hazard areas which is appropriate in light of the probability of flood damage and the need to reduce flood losses, and allow for acceptable social and economic use of the land in relation to the hazards involved. Additionally, regulation of development within the Floodplain District is required:
(1)
To promote the careful consideration of long-term economic consequences of floodplain development, to prevent environmentally incompatible floodplain use, and to guide less intensive use and development of floodplains;
(2)
To minimize the adverse effects of floodplain development on existing development;
(3)
To preserve natural areas and foster habitat protection to enable the naturally beneficial functions of floodplains and watersheds to be better realized by reserving hazardous areas for agricultural use, parks, greenways, hiking trails, golf courses, wildlife refuges, natural areas or similar open space compatible uses;
(4)
To promote a balance of public and private concerns and to ensure that one person's activities do not adversely affect others or the general public; and
(5)
To further provide for the safety of Town residents and the safety of emergency response personnel during periods of flooding by requiring readily available and useable access to areas of new development located in or adjacent to flood-prone areas.
C. AREA OF SPECIAL FLOOD HAZARD BASE FLOOD ELEVATION DEVELOPMENT SUBSTANTIAL DAMAGE
Definitions. As used in this section, the following terms shall have the meanings indicated:
The land in the floodplain within a community subject to a one-percent-or-greater chance of flooding in any given year. This area may be designated as Zone A, AE, AH, or AO. It is also commonly referred to as the base floodplain or one-hundred-year floodplain. For purposes of this section, the term "special flood hazard area (SFHA)" is synonymous in meaning with the phrase "area of special flood hazard."
The computed water surface elevation at a given location resulting from a flood having a one-percent chance of being equaled or exceeded in any given year (i.e., an average frequency and magnitude of a one-hundred-year recurrence interval).[3]
Any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment or materials.
Damage of any origin sustained by a structure whereby the cost of restoring the structure to its before-damaged condition would equal or exceed 50% of the market value of the structure before the damage occurred.[4]
[Amended 12-8-2015 by L.L. No. 3-2015]
[3]
Editor’s Note: The former definition of "cumulative substantial improvement," which immediately followed this definition, was repealed 12-8-2015 by L.L. No. 3-2015.
[4]
Editor’s Note: The former definition of "substantial improvement," which immediately followed this definition, was repealed 12-8-2015 by L.L. No. 3-2015.
D.
Establishment of floodplain zoning subdistricts. The Floodplain District, as depicted on the Town of New Paltz Zoning Map,[5] shall consist of three separate subdistricts, that includes land with distinct flood-prone characteristics and development restrictions, as regulated in the National Flood Insurance Program (NFIP) and as described hereafter:
(1)
Floodway (FW). The Floodway Subdistrict shall include those areas designated as floodway on the most recent Flood Insurance Rate Map on file with the Town of New Paltz, as determined by the Federal Emergency Management Agency and a Flood Insurance Study or by other agencies, and can generally be described as lands located within the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation and obstruct flood flows. No encroachment by new construction of buildings, structures, fill or substantial improvements is allowed, but development of stormwater management, parkland, greenways, forest lands, farms and community gardens is encouraged.
(2)
Flood Fringe (FF). The Flood Fringe Subdistrict shall include those areas designated as that portion of the floodplain outside of the floodway and land areas designated as Zone X lying within the Floodplain District and mapped to be above the base flood elevation (BFE), as determined by the Federal Emergency Management Agency and the Flood Insurance Study or by other agencies, and includes those areas shown on the Flood Insurance Rate Map as being within Zones AE, AH or AO. The following specific development criteria apply to lands located in the Flood Fringe Subdistrict:
(a)
All building sites are required to be improved in such a manner that a building with habitable space's floor elevation is constructed to be a minimum of two feet above the base flood elevation (BFE).
(b)
Proposed principal buildings shall not be sited on land with an existing ground surface elevation more than one foot below the base flood elevation (BFE), said minimum principal building site's existing ground surface elevation being approximately equal and to the maximum floodwater elevation of the fifty-year frequency flood (i.e., two-percent annual chance of flooding).
(c)
The cumulative effect of proposed development cannot result in an increase in flood height in areas of the floodplain with no floodway designated. When it appears that the cumulative effect of proposed development in such an area may increase the flood height, the Town Building Inspector or other duly authorized representative of the Town shall require the submission of a detailed hydrologic and hydraulic engineering study evaluating such effects, and review the conclusions of that study in consultation with the Town Engineer in determining whether the applicant for a permit has demonstrated compliance with the requirements of this section.
(3)
General Floodplain (GF). The General Floodplain Subdistrict shall include those areas as determined by the Federal Emergency Management Agency and Flood Insurance Study or by other agencies, and include those areas designated as Zone A as shown on the Flood Insurance Rate Map (FIRM). The following specific development criteria apply to lands located in the General Floodplain Subdistrict:
(a)
All building sites are required to be improved in such a manner that a structure's floor elevation is constructed a minimum of two feet above the base flood elevation (BFE) as determined by historical flood height information, or as determined by a detailed hydrologic and hydraulic engineering study as specified in § 82-12F of the Code of the Town of New Paltz, if required.
(b)
When no floodway or base flood elevation (BFE) is available or specifically required in accordance with the conditions specified in § 82-12G of the Code of the Town of New Paltz, or when no historical flood height information is available, and when submission of site elevation survey data to demonstrate the likelihood the site is within or outside of the floodplain is not deemed necessary by the Building Inspector, the lowest floor (including basement) of a dwelling shall be elevated at least three feet above the highest adjacent grade.
[5]
Editor's Note: The Zoning Map is included in a pocket at the end of this volume.
E.
Permitted uses: All uses so designated for the Floodplain District as shown on the Schedule of Permitted Uses of § 140-8B of Article II of Chapter 140 of the Code of the Town of New Paltz, subject to the following prohibitions and restrictions:
(1)
Any use of lands is permitted which does not involve a structure, a fence, an addition to the outside dimensions of an existing structure (including a fence) or an obstruction to flood flows such as fill, excavation or fixed storage of materials or equipment.
(2)
Any use of land involving the construction of new structures, a fence, the placement or replacement of manufactured homes, the addition to the outside dimensions of an existing structure (including a fence) or obstructions such as fill or fixed storage of materials or equipment, provided these activities are located on land within the Flood Fringe (FF) or areas of the General Floodplain (GF) portion of the floodplain, in compliance with the location and elevation restrictions as specified herein. These uses shall be subject to the development standards and criteria of Chapter 82, Flood Damage Prevention, of the Code of the Town of New Paltz and Subsection G of these Floodplain District regulations.
F.
Prohibited uses.
(1)
In all subdistricts, the following critical facilities shall be strictly prohibited:
(a)
Structures or facilities that produce, use or store highly volatile, flammable, explosive, toxic and/or water-reactive materials.
(b)
Solid waste landfills and solid waste transfer station facilities.
(c)
Hospitals, nursing homes, and types of assisted living housing similar to group homes and age-restricted housing which may have occupants who may not be sufficiently mobile to avoid injury or death during a flood.
(d)
Police stations, fire stations, vehicle and equipment storage facilities, and emergency operation centers that are needed for flood response activities before, during and after a flood.
(e)
Public and private utility facilities such as electrical power generating facilities and substations, telephone equipment buildings and the like that are vital to maintaining or restoring normal services to flooded areas before, during and after a flood. This prohibition is not intended to apply to stormwater management facilities, fuel storage tanks, water supplies and wastewater treatment and disposal systems that specifically comply with the NFIP, the New York State Uniform Fire Prevention and Building Code[6] and all federal, state and/or local governmental and/or agency statutes, ordinances, laws and rules provided for the prevention of flood damage and flood hazards.
(2)
No use shall be permitted which will adversely affect the capacity of the channels or floodways of any tributary to the main stream, or of any drainage ditch, or of any other drainage facility or drainage system.
(3)
No use shall be permitted which will alter the flow pattern of a watercourse area, result in the deterioration of water quality or impairment of best usage of waters, or reduce the flood-carrying capacities of watercourses.
(4)
No use shall be permitted that would decrease stormwater retention capabilities, increase the rate of discharge of surface water runoff, or result in an increase in siltation of surface water bodies and adjacent areas.
G.
Standards and requirements.
[Amended 12-8-2015 by L.L. No. 3-2015]
(1)
All new residential buildings located within the Flood Fringe (FF) Subdistrict shall meet the standards and criteria of Chapter 82, Flood Damage Prevention, of the Code of the Town of New Paltz.
(2)
All new nonresidential commercial or light industrial buildings located within the Flood Fringe (FF) Subdistrict shall meet the standards and criteria of Chapter 82, Flood Damage Prevention, of the Code of the Town of New Paltz. An architect's or engineer's certification that the nonresidential building or structure has been designed and constructed in compliance with FEMA and the New York State Uniform Fire Prevention and Building Code[7] standards and requirements must be provided, as applicable. No storage of materials shall be allowed below the base flood elevation.
(3)
Compensatory storage. Whenever any portion of a floodplain is authorized for development, the volume of space occupied by any authorized fill or structure that will be located below the base flood elevation shall be compensated for and balanced by a hydraulically equivalent volume of excavation taken from below the base flood elevation at or adjacent to the development site. All such excavation shall be constructed to drain freely to the watercourse. No area below the water line of a pond or other body of water or below the normal elevation at which groundwater is found can be credited as compensating excavation.
(4)
Incidental fill placement. The volume of fill materials to be placed in the floodplain shall be minimized to the extent practicable. With the exception of the fill placed above the existing natural ground elevation that is required to construct the immediate building site for the principal structure, wastewater treatment system and the required access to the residence, and excepting fill materials used for operations and activities of agriculture as defined in § 44-3 of the Code of the Town of New Paltz, additional fill materials placed above the existing natural ground elevation in the floodplain shall not exceed 40 cubic yards per building site, unless otherwise specifically allowed by the Town Building Inspector.
(5)
Individual well water supplies shall be designed and constructed to prevent any contamination from inundation by floodwaters and a licensed engineer shall certify that the system was constructed in accordance with a design approved by the Health Department, or if such approval is not required, acceptable to the Town Engineer.
(6)
New or replacement on-site subsurface wastewater disposal systems should be located outside floodplain areas whenever possible, and those systems that must be located within floodplain areas shall be elevated such that the minimum ground surface elevation of the on-site subsurface wastewater disposal system shall be a minimum of three feet above the base flood elevation (BFE) and a licensed engineer shall certify that the system was constructed in accordance with a design approved by the Health Department, or if such approval is not required, acceptable to the Town Engineer.
(7)
Subsurface wastewater disposal systems shall not be located closer than 100 feet to the natural bank of a perennial or intermittent stream.
(8)
Residential buildings placed on fill within Zones AE and AH of the floodplain shall be provided with well-compacted fill materials necessary to establish a minimum ground elevation at the building's foundation that is a minimum of 1.0 foot above the base flood elevation (BFE), and that a minimum slope of 1.5% shall be required for drainage away from the building foundation for a minimum distance of 25 feet. Minimum requirements for soil fill compaction shall be 90% maximum dry density as determined by the Standard Proctor (ASTM D 698) test method. Laboratory soil density compaction test results shall be submitted to and accepted by the Building Inspector to demonstrate the required compliance for fill materials placement.
(9)
Residential buildings placed on fill within Zone A of the floodplain shall be provided with well-compacted fill materials necessary to establish a minimum ground elevation at the building's foundation that is 1.0 foot below the building's floor elevation, said building floor elevation being established at the height specified in the standards and criteria of Chapter 82, Flood Damage Prevention, §§ 82-16 and 82-19 of the Code of the Town of New Paltz. A slope of 1.5% shall be required for drainage away from the building foundation for a minimum distance of 25 feet.
(10)
For the construction of new buildings and/or a substantial improvement to structures on fill within the floodplain, the volume of fill materials shall be minimized to the extent practicable, well compacted, and stabilized in an acceptable manner that will resist wave action.
(11)
The lowest floor of building extensions and additions outside the footprint of the original building shall be required to be elevated above the base flood elevation (BFE), as specified herein, or alternatively floodproofed in the case of nonresidential building extensions and/or additions.
(12)
Electrical services, heating, ventilation, plumbing, and air conditioning equipment and other service facilities shall be designed and located so as to prevent water from entering or accumulating within the components during conditions of flooding.
(13)
Stormwater management facilities shall be required to ensure that the rate of runoff discharge from the site does not increase above predevelopment conditions.
(14)
All manufactured homes must be securely anchored to an adequately anchored foundation system that resists flotation, collapse and lateral movement. Methods of anchoring may include, but are not limited to, use of over-the-top or frame ties to ground anchors. This requirement is in addition to the applicable state or local anchoring requirements for resisting wind forces.
H.
Nonconforming uses and structures.
(1)
Except as provided hereinafter with respect to certain uses, any lawful use of a building, structure, lot or lands located within the Floodplain District which existed on the effective date of this section, or which existed at the time of any subsequent amendment thereto which applied to such use, may be continued indefinitely, regardless of the change of title, possession or occupancy or right thereof, notwithstanding that such use of the building, structure, lot or lands does not thereafter conform to the provisions of this section.[8]
[8]
Editor’s Note: Former Subsection H(2), concerning development of any unimproved lawfully existing parcel of land in the Floodplain District which immediately followed this subsection, was repealed 12-8-2015 by L.L. No. 3-2015, which local law also redesignated former Subsection H(3) through (7) as Subsection H(2) through (6), respectively.
(2)
Lawfully existing parcels of land located within the Floodplain District which are unimproved and which existed on the effective date of this section that are subsequently subdivided for the purpose of creating additional lots must comply with the standards and criteria of this section, Chapter 121 and Chapter 82 of the Code of the Town of New Paltz.[9]
[Amended 12-8-2015 by L.L. No. 3-2015]
[9]
Editor’s Note: Former Subsection H(4), concerning substantial improvement, which immediately followed this subsection, was repealed 12-8-2015 by L.L. No. 3-2015, which local law also redesignated former Subsection H(4) through (6) as Subsection H(3) through (5).
(3)
If any existing use or existing structure located within the Floodplain District is substantially damaged, as defined in Subsection C of this section, it shall not be reconstructed except in conformity with the provisions of this section.
(4)
No existing nonconforming dwelling which is located within the Floodplain District shall be enlarged such that the living area of such dwelling, excluding basement, shall be increased unless the enlarged facilities are constructed in compliance with the provisions of this section, with Chapter 82 of the Code of the Town of New Paltz and with the provisions of the New York State Uniform Fire Prevention and Building Code.
[Amended 12-8-2015 by L.L. No. 3-2015]
(5)
All structural alterations and/or additions to existing dwellings and/or accessory structures located within the Floodplain District shall be designed in all respects in compliance with the FEMA National Flood Insurance Program for new construction and the New York State Uniform Fire Prevention and Building Code[10] standards and requirements at the time of issuance of a building permit.
[1]
Editor's Note: Section 3 of this local law provided that it was the legislative intent of this local law to supersede Article 16 of the Town Law, §§ 261 through 285, inclusive, and any other provision of law that the Town may supersede pursuant to the Municipal Home Rule Law and the Constitution of the State of New York.
§ 140-20 R-V Variable-Density Residence District.
A.
The Town Board may, after Planning Board review, public notice and hearing, approve, establish, describe and designate an R-V Variable-Density Residence District on the Official Zoning Map of the Town of New Paltz[1] pursuant to sections of the Town Law and amendments thereto. The public hearing upon such application shall be noticed in accordance with Article XVI, Public Hearings, of Chapter 140, Zoning, of the Code of the Town of New Paltz.
[Amended 5-24-2007 by L.L. No. 2-2007]
[1]
Editor's Note: The Zoning Map is included in a pocket at the end of this volume.
B.
The Planning Board may approve the site plan and development of a parcel of land for permitted uses in the R-V Variable-Density Residence District, subject to appropriate conditions and regulations for such development and the following terms and conditions:
(1)
Location and minimum required acreage of site: 10 acres, except five acres if adaptive reuse of existing building or structure is proposed.
[Amended 9-10-2003 by L.L. No. 6-2003]
(2)
Application of regulations. Individual uses and structures in the R-V District need not comply with specific building locations, height, lot size or open space requirements of the underlying basic district. The overlay superimposes the regulations for the R-V Variable-Density Residence District upon the underlying district.
(3)
Use regulations. Permitted principal uses in R-V Districts shall be as set forth in § 140-8A.
[Amended 12-30-1987 by L.L. No. 9-1987]
(4)
Schedule of standards for R-V Districts. Each development shall meet the following minimum requirements and shall be limited to the following standards for garden apartment or townhouse structures:
[Amended 9-10-2003 by L.L. No. 6-2003]
Element | Initial Development | Per Dwelling Unit | |
|---|---|---|---|
Minimum lot area | 10 acres* | 2,500 square feet for 0 bedrooms | |
3,000 square feet for 1 bedroom | |||
4,000 square feet for 2 bedrooms | |||
5,000 square feet for 3 bedrooms | |||
6,000 square feet for 4 bedrooms | |||
Lot width | 300 feet | ||
Lot depth | 500 feet | ||
Frontage on arterial or collector road | 200 feet | ||
Front setback (all buildings) | 75 feet** | ||
Setback from side and/or rear lot lines (all buildings) | 75 feet, except 100 feet when adjoining a single-family residence district*** | ||
Minimum distance between buildings | Twice the average height of the 2 buildings measured from finished grade at their closest points | ||
Maximum height of principal buildings | 35 feet (2 1/2 stories) | ||
Maximum height of accessory buildings | 15 feet | ||
Maximum building coverage | 15% | ||
Required off-street parking | 1 1/4 spaces, plus 1/4 space per bedroom, of which at least 1 space shall be open-air parking | ||
Minimum right-of-way of principal internal streets | 60 feet | ||
Minimum paved width of principal internal streets | 24 feet | ||
Minimum area devoted to active recreation and playground purposes | 500 square feet per bedroom or studio apartment | ||
Street trees in parking areas | 1 tree per 10 parking spaces | ||
Street trees in roadways | 1 tree on each side of road every 50 feet | ||
Open space, (including recreation, playground and conservation area) | 45% of site |
NOTES: *May be reduced by the Planning Board for an adaptive reuse pursuant to § 140-20B(5)(d) as necessary, but at least five acres shall be provided **May be reduced by the Planning Board for an adaptive reuse pursuant to § 140-20B(5)(d) as necessary, but at least five feet shall be provided ***May be reduced by the Planning Board for an adaptive reuse pursuant to § 140-20B(5)(d) as necessary, but at least five feet shall be provided, except that 25 feet shall be provided along any boundary adjoining an existing single-family residence or residential district |
(5)
Performance standards.
(a)
General standards. The following general standards are hereby adopted for a control of uses in any R-V Variable-Density Residence District, and no use shall be permitted, established or maintained or conducted therein which shall cause or be likely to cause:
[1]
Any pollution by discharge of any waste material whatsoever or any water pollution.
[2]
Excessive smoking, fumes, gas, dust, odor or any other atmospheric pollution beyond the boundaries of the lot wherein such uses are located. What smoke is excessive will be determined according to Ringelmann's Scale for Grading the Density of Smoke, published by the United States Bureau of Mines, when the shade or appearance of such smoke is darker than No. 2 on said Ringelmann Smoke Chart.
[3]
Discharge of any waste material whatsoever into any sanitary disposal system or sewage system, except only in accordance with the rules of and under the control of public health authorities or the the public body controlling such sewage system.
[4]
Any other nuisance harmful to persons or property.
(b)
Specific standards. The following specific standards are hereby adopted and must be complied with for and by any use in any R-V Variable-Density Residence District and before the same is permitted, established, maintained or conducted:
[1]
Landscaping. It is hereby declared that all areas of the plot not occupied by buildings, parking, driveways or walkways or storage shall be landscaped attractively with lawn, trees, shrubs or other plant material. Such landscaping shall take into consideration the natural growth presently on the premises and the nature and condition of the terrain as well as the situation of the lands and premises themselves and with regard to adjoining lands and premises.
[2]
Fences and walls. Property that is adjacent to a residential or business district shall be provided along said property line with a wall, fence, compact evergreen hedge or landscaped strip of trees and shrubs so designed as to form a visual screen not less than six feet high at time of planting. Except for landscaped areas and parking areas, a use which is not conducted within a completely enclosed building shall be screened by a six-foot solid masonry wall, chain link fence covered with evergreen vine or compact evergreen hedge. Where a front yard adjoins a street, the wall, fence or hedge shall be located no closer to the street than the depth of the required yard.
[4]
Buffer strip. In addition to the fences and walls, the entire district must be separated along its outside boundary from any adjoining residential zones by a buffer strip, suitably landscaped, at least 100 feet wide, except that when an adaptive reuse is proposed, the Planning Board may, in appropriate circumstances, reduce the buffer area required along any boundary of the site plan that adjoins an existing residence where suitable landscaping and/or fencing is provided to buffer the existing residential use and the owner(s) of the property containing the residence(s) give written consent to the reduction of the buffer area otherwise required, in which case a minimum of five feet of buffer so improved shall be provided.
[Amended 9-10-2003 by L.L. No. 6-2003]
[5]
Streets and/or roads. All streets in the Variable-Density Residential Development shall meet the standards set forth for Town roads in the Road and Drainage Specifications and Standards for the Town of New Paltz and shall be suitable for dedication to the public. The Planning Board shall designate the major circulation system and shall differentiate it from parking areas and driveways by requiring that the system be indicated as streets and/or roads.
[6]
Placement of utilities. Utilities shall be placed underground and shall be situated, to the extent possible, between the paved roadway and designated street line or in community areas to simplify location and repair of the lines. Wherever possible, utilities should be routed around structures, paved areas and private areas.
[7]
Other utilities and facilities. All utilities, facilities and amenities as normally required under site plan review, to include but not to be limited to sidewalks, storm drainage facilities, curbs, gutters, solid waste disposal facilities, lighting, signs, recreation facilities, parking, trees and landscaping, shall be reviewed and approved by the Planning Board after recommendations of its consultants.
(c)
Water supply and sewerage. Each dwelling unit shall be served by municipal water supply facilities and wastewater treatment facilities as approved by the appropriate state and municipal agencies and the County Health Department.
(d)
Adaptive reuse of buildings or structures located within a Residential Variable (R-V) District shall be permitted following review and approval of a site plan for such use by the Planning Board. Upon finding that the particular circumstances of a proposed use are such that the adaptive reuse of an existing building for a proposed use will adequately be buffered from adjoining lands and uses by topography, existing or proposed buffer areas or other circumstances, that the existing building or structure is so situated with respect to existing or proposed lot lines and adjoining properties that it requires reduction of lot area and other dimensional requirements of this chapter and that the objectives of this chapter will be met by doing so, the Planning Board may, in its discretion, reduce the lot area, required yards and setbacks otherwise required in the R-V District as follows, provided that such reduction shall be the minimum reduction required by the circumstances of the proposed use and not less than the minimum requirement for an adaptive reuse:
[Added 9-10-2003 by L.L. No. 6-2003]
Dimension | Adaptive Reuse Requirement | |
|---|---|---|
Minimum lot area | 5 acres | |
Front yard setback | 75 feet* | |
Setback from side and/or rear lot lines (all buildings) | 75 feet** |
Notes: *May be reduced by the Planning Board as necessary, but at least five feet shall be provided **May be reduced by the Planning Board as necessary, but at least five feet shall be provided, except that 25 feet shall be provided along any boundary adjoining an existing single-family residence or residential district. |
(6)
Area and bulk regulations. Area and bulk requirements shall be in compliance with those for R-V Variable-Density Residence Districts as set forth in Subsection B(4) of this section.
(7)
The Planning Board, upon review of the proposed development, may prescribe such additional conditions as are, in its opinion, necessary to secure the objectives of this chapter.
C.
Procedure. The same procedure as per § 140-18G shall he followed in the application for and approval of R-V Variable-Density Residence Districts.
D.
Security for landscaping, drainage and excavation work. In addition to such security as may otherwise be required by provisions of the Town Code to secure performance of the developer’s obligations, security, in the form of an irrevocable letter of credit or other surety specified in § 277(9)(c) of the Town Law, acceptable to the Town Board and the Attorney for the Town as to form, sufficiency and manner of execution, and a written security agreement, shall be required for landscaping and drainage of community areas and shall be sufficient in amount, as determined by the Town Planning Board, to return this land to its natural form should the developer default in the excavation or landscaping stages of the development. The security shall be posted with the Town official prior to the issuance of any building permit for buildings or structures on that land. Twenty percent of the amount secured may be retained for one year after the date of issuance of a certificate of occupancy for the building(s) or structure(s) as a maintenance bond for those improvements and shall be returned to the developer if the improvements have been maintained in satisfactory condition during that period.
[Amended 9-10-2003 by L.L. No. 6-2003]
E.
Maintenance of community areas. The applicant shall submit a written program for the maintenance of any community areas such as open space, landscaping, recreation areas, lawns, walkways, driveways, parking areas and all utilities and facilities. This program shall indicate on whom the responsibility falls for the maintenance program and demonstrate how the responsibility will be legally bound upon that party. Community areas may be dedicated to the Town by the applicant at the discretion and upon approval of owners and approval and acceptance by the Town Board.
§ 140-21 MHN Mobile Home Neighborhood District.
[Amended 4-26-1978 by L.L. No. 5-1978; 7-11-1979 by L.L. No. 1-1979; 4-25-1984 by L.L. No. 3-1984]
A.
Intent and purpose.
(1)
It is the purpose of the Mobile Home Neighborhood District to provide for planned mobile home residential developments, including related recreational and related service facilities. It is further the purpose to establish sites at appropriate locations within the Town of New Paltz in relation to existing and potential development areas and in relation to other uses and community facilities.
(2)
It is the intent of the Mobile Home Neighborhood District to offer the maximum amount of freedom possible in the design of mobile home neighborhoods, to encourage the development of comprehensive bicycle and pedestrian circulation networks, to provide the amenities normally associated with planned residential areas and to promote the health, safety and general welfare of the present and future inhabitants of the Town of New Paltz.
(3)
The fact that an application complies with all specific requirements and purposes set forth herein shall not be deemed to create a presumption that the application is, in fact, compatible with surrounding land uses and in itself shall not be sufficient to require the granting of any application.
B. COLLECTOR STREET DOUBLE-WIDE MOBILE HOME LICENSEE LOCAL STREET MOBILE HOME [Amended 5-23-1991 by L.L. No. 3-1991](1) (2) (3) (4) MOBILE HOME LOT MOBILE HOME NEIGHBORHOOD MOBILE HOME STAND SINGLE-WIDE MOBILE HOME
Definitions. As used in this section, the following terms shall have the meanings indicated:
A street which collects traffic from local streets and connects with the New York State or Ulster County highway upon which the Mobile Home Neighborhood District has frontage.
[Added 5-23-1991 by L.L. No. 3-1991]
A mobile home constructed on two separate chassis and designed to be joined together to form a single dwelling.
[Amended 5-23-1991 by L.L. No. 3-1991]
Any person, firm, trust, partnership, association or corporation licensed to operate and maintain a mobile home neighborhood under the provisions of this section.
A street designed to provide access to abutting property within the Mobile Home Neighborhood District and to discourage through traffic.
[Added 5-23-1991 by L.L. No. 3-1991]
A structure, transportable in one or more sections, which is more than eight body feet in width, is more than 36 body feet in length in the traveling mode or contains 600 or more square feet in interior space when erected on site, and which is built on a permanent chassis and designed to be used as a dwelling, with or without permanent foundation, when connected to the required utilities, and includes the plumbing, heating, air-conditioning and electrical systems contained therein. Such "mobile home" shall also meet the following:
Construction standards. Mobile homes shall be constructed in accordance with regulations set forth in the Code of Federal Regulations (CFR), Title 24, Housing and Urban Development, Chapter 20, Office of Assistant Secretary of Housing and Urban Development and Part 3280, Mobile Home Construction and Safety Standards.
Data plate. Every mobile home shall bear a data plate affixed in the manufacturing facility bearing not less than the following information:
The following statement: "This mobile home is designed to comply with the federal mobile home construction and safety standards in force at the time of manufacture"; provided, however, that for the purposes of this chapter and notwithstanding that such data plate so affixed bears such information or statement, every mobile home must be constructed in accordance with the regulations set forth in the foregoing Subsection B(1) of this definition.
Reference to the structural zone and wind zone for which the home is designed.
An area of land within a mobile home neighborhood designed and designated for the siting of one mobile home.
A residential development intended to accommodate mobile homes as defined herein and including various facilities for the service of the residents.
A durable surface located on a mobile home lot which is to be used for the placement of and is capable of supporting a mobile home.
A mobile home constructed on a single chassis to form a single dwelling.
[Added 5-23-1991 by L.L. No. 3-1991]
C.
Mobile home neighborhood locational requirements.
(1)
Establishment of a Mobile Home Neighborhood District. The Town Board may, after Planning Board review, public notice and hearing, approve, establish, describe and designate a Mobile Home Neighborhood District on the Official Zoning Map of the Town of New Paltz[1] pursuant to sections of the Town Zoning Law and amendments thereto. The same rezoning procedure as per § 140-18G of this chapter shall be followed in the application for an approval of a Mobile Home Neighborhood District. The public hearing upon such application shall be noticed in accordance with Article XVI, Public Hearings, of Chapter 140, Zoning, of the Code of the Town of New Paltz.
[Amended 5-24-2007 by L.L. No. 2-2007]
[1]
Editor's Note: The Zoning Map is included in a pocket at the end of the volume.
(2)
Locational requirements.
(a)
Zoning districts. The location of a Mobile Home Neighborhood District shall be limited to the Agriculture 1.5 (A-1.5), Agriculture 3 (A-3) and the Residence (R-1) Districts of the Town of New Paltz.
(b)
Community facilities. Essential community facilities and services for the mobile home neighborhood, such as employment, shopping, schools, recreation areas and police and fire protection, shall be reasonably accessible.
(c)
Impact to surrounding properties. The uses will not be detrimental to present and potential surrounding uses but will have a beneficial effect which could be achieved under any other district.
(d)
Streets. Existing and proposed streets are suitable and adequate to carry anticipated traffic within the proposed development and in the vicinity of the proposed district.
(e)
Utilities. Existing and proposed utility services are adequate for the proposed development, and such utility services shall be placed underground.
(f)
Development phasing. Each phase of the proposed development, as it is proposed to be completed, shall contain the required parking, landscape plantings, recreational areas and utility services necessary for creating and sustaining a desirable and stable environment.
(g)
Nonresidential development. Any nonresidential use of the property shall be subordinate to the residential use of and character of the property.
(h)
Highway frontage. A mobile home neighborhood shall have frontage on and direct access to a New York State highway or Ulster County highway.
D.
Required license for a mobile home neighborhood.
(1)
Annual license requirement. It shall be unlawful within the Town of New Paltz for any person or persons to construct or operate a mobile home neighborhood without first securing a license annually from the Town Board and complying with the regulations of this section.
(2)
License fees. The application for annual license or the renewal thereof shall be filed with the Town Clerk and shall be accompanied by a nonrefundable fee as set forth from time to time by resolution of the Town Board. The fee for an annual license shall be the same as that for an initial application. Thereafter, each mobile home shall be assessed on the tax rolls of the Town of New Paltz against the owner(s) of the mobile home neighborhood development. In addition, an inspection fee as set forth from time to time by resolution of the Town Board will be charged, for the purpose of compliance with this section or any other applicable local law or ordinance, prior to the issuance of a certificate of occupancy. Such fee shall apply to the initial installation of units or the replacement of such units as determined by the Building Inspector.
[Amended 12-30-1987 by L.L. No. 9-1987]
(3)
Application requirements. The application for a license or renewal thereof shall be made on forms prescribed by the Town Board and shall include the name and address of the fee owner of the property. In the event that the fee is vested in some person other than the applicant, the application shall be submitted together with a duly verified statement by the owner in fee that the applicant is authorized by him/her to construct and maintain the mobile home neighborhood. Each license or renewal thereof shall expire on the 31st day of December following the issuance thereof.[2]
[2]
Editor's Note: Former Subsection D(4), Nonconforming mobile homes, which immediately followed this subsection, was repealed 5-23-1991 by L.L. No. 3-1991.
E.
Application procedure for a license.
(1)
Application preparation/content. Application for a mobile home neighborhood license shall be accompanied by three sets of plans prepared by a licensed landscape architect, architect, engineer or land surveyor, shall be filed with the Town Clerk and shall include the following:
(a)
The name and address of the applicant.
(b)
The location and legal description of the proposed mobile home neighborhood site.
(c)
A complete plan of the Mobile Home Neighborhood in conformity with the requirements of this section, including but not limited to the square footage for each lot shown and the maximum unit size which each lot is designed to accommodate, together with all required setbacks as required for each lot pursuant to the provisions of this section.
[Amended 5-23-1991 by L.L. No. 3-1991]
(d)
Plans and specifications of all improvements and facilities constructed or to be constructed within the mobile home neighborhood.
(e)
Such further information as may be requested by the Town Board to enable a proper determination if the proposed mobile home neighborhood will comply with all legal requirements.
(2)
Application filing. The application and all accompanying plans and specifications shall be filed in triplicate. The Town Clerk shall deliver two copies to the Town Planning Board, which said Board shall review the application. If the proposed mobile home neighborhood will, when constructed in accordance with such plans and specifications, be in accordance with all provisions of this section and all other applicable local laws, ordinances or statutes, also including state, federal and county laws, the Planning Board shall approve the application and deliver the same to the Town Board for review and approval. Upon the completion of the mobile home neighborhood in accordance with the plans and specifications, the Town Clerk shall issue a license upon order of the Town Board.
(3)
Application for license renewal. Upon application, in writing, to the Town Clerk by a licensee for renewal of a license and upon payment of the annual license fee, the Town Board shall order an inspection of the mobile home neighborhood by the Building Inspector, and if it is still in compliance with the applicable local laws and ordinances, a report shall be made to the Town Board. By order of the Town Board, the Town Clerk shall issue a certificate renewing such license for another year.
F.
Mobile home neighborhood design standards.
(1)
Site development.
(a)
Minimum site size. Mobile home neighborhoods shall be located on well-drained sites comprising a minimum of 10 acres.
(b)
Grading. The site shall be properly graded to ensure rapid drainage so that no portion of the site is subject to predictable sudden flooding or erosion.
(c)
Minimum frontage. Where no secondary access is provided, the site shall have a minimum of 300 feet of frontage on the highway providing primary access to the site.
(d)
Minimum setbacks. Subject to the additional requirements of this section, no mobile home, mobile home accessory building, mobile home neighborhood office or service building shall be located within:
[Amended 5-23-1991 by L.L. No. 3-1991]
[1]
One hundred feet measured at right angles to the center line of any highway serving as the primary access to the mobile home neighborhood, as the term "primary access" is defined pursuant to the provisions contained at Subsection F(3)(e) of this section.
[2]
Seventy-five feet of any adjoining property line boundary of any lot, parcel or plot of land upon which there is erected, in whole or in part, any building or structure used or intended to be used primarily as a residence as of the date upon which an application is filed as provided for pursuant to the provisions of this section for the granting of a mobile home neighborhood license.
[3]
Seventy-five feet of any adjoining property line boundary of any lot, parcel or plot of land shown upon any subdivision plat lawfully approved and filed in the office of the Clerk of the County of Ulster as of the date upon which an application is filed as provided for pursuant to the provisions of this section for the granting of a mobile home neighborhood license.
[4]
Fifty feet of any adjoining property line boundary of any lot, parcel or plot of land not otherwise described in Subsection F(1)(d)[2] and/or [3] above.
(e)
Rent/ownership.
[1]
The lands lying wholly within the perimeter boundaries of any proposed or established Mobile Home Neighborhood District:
[a]
Shall be held in single ownership and shall consist of separately dimensioned, individual lots, collectively held in single ownership and used entirely for rental purposes only; or
[2]
In no event shall both of the foregoing types of use be permitted simultaneously within the geographical boundaries of any one proposed or established Mobile Home Neighborhood District.
[3]
The transfer of title of all or any portion of such lands by the owner(s) thereof not in accordance with the provisions of this subsection shall constitute a violation of this section.
(2)
Density/lot standards.
(a)
Lot density/lot setbacks. Each mobile home neighborhood shall be designed to accommodate separately identified mobile home lots as follows:
[1]
The minimum lot area for each unit to be placed shall be calculated pursuant to the provisions of this subsection. In determining compliance with the following square footage requirements for each lot within the mobile home neighborhood, the area shall be the square footage lying within the perimeter of the lot lines for each separate lot, and, for purposes of this section, lot lines shall run to and shall be coincident with the edge of pavement of the street or streets upon which each abuts.
[Amended 5-23-1991 by L.L. No. 3-1991]
[a]
The minimum lot area for each unit to be placed shall be 7,800 square feet.
[2]
Maximum number of units per gross acre: 4.5.
[3]
Minimum front yard setback requirements. No mobile home nor any portion thereof shall be erected nearer than 55 feet measured at right angles to the center line of any collector street access to all or any portion of the Mobile Home Neighborhood District or to the lot upon which such mobile home is or shall be erected.
[Amended 5-23-1991 by L.L. No. 3-1991]
[4]
In any case where the front portion of any mobile home is to be erected at an angle less than 30º measured at right angles to the center line of any roadway, no such mobile home nor any portion thereof shall be erected nearer than 15 feet to any side lot line of the lot whereon such mobile home shall be erected.
[Amended 5-23-1991 by L.L. No. 3-1991]
[5]
In any case where the front portion of any mobile home is to be erected at any angle more than 30º measured at right angles to the center line of any roadway, no such mobile home nor any portion thereof shall be erected nearer than 50 feet to any side lot line of the lot whereon such mobile home is or shall be erected.
[Amended 5-23-1991 by L.L. No. 3-1991]
[6]
No mobile home nor any portion thereof shall be erected nearer than 50 feet measured at right angles to the rear lot line of the lot whereon such mobile home is or shall be erected; provided, however, that the area covered by any porch, deck, ramp or similar attached contrivance or device, including any attached storage area, shall be exempt for the purpose of calculating the distance to the rear lot line provided for by the provisions of this subsection.
[Amended 5-23-1991 by L.L. No. 3-1991]
[7]
No detached utility building, storage shed or similar accessory structure, including but not limited to those accessory structures commonly referred to as "barbecue pits," "plat sets," "swing sets" or the like, shall be erected or installed nearer than 10 feet measured at right angles to the rear lot line or to any side lot line, and in no event shall any utility building, storage shed or accessory structure, contrivance or device as set forth above be installed or erected within any area comprising all or any portion of the front yard.
[Added 5-23-1991 by L.L. No. 3-1991]
[8]
No mobile home nor any portion thereof shall be erected nearer than 47 feet measured at right angles to the center line of any local street providing access to all or any portion of the mobile home neighborhood or to the lot upon which such mobile home is or shall be erected.
[Added 5-23-1991 by L.L. No. 3-1991]
(b)
Mobile homes installed within a Mobile Home Neighborhood District shall be installed in compliance with the applicable provisions of Title 9, Article 3, of the Uniform Fire Prevention and Building Code of the State of New York.
[Amended 5-23-1991 by L.L. No. 3-1991]
(c)
Each mobile home lot shall be improved to provide an adequate stand for the placement and tie-down of the mobile home, thereby securing the structure against uplift, sliding, rotation and overturning.
(d)
There shall be a longitudinal gradient of 0% to a maximum of 5% and an adequate crown or cross-gradient for surface drainage.
(e)
Each mobile home stand shall consist of a foundation designed for support of a mobile home so as to prevent heaving, shifting and uneven settling in the form of either:
[Amended 5-23-1991 by L.L. No. 3-1991]
[1]
A full concrete pad, including concrete piers or equivalent, extending a minimum of 42 inches below ground level at a minimum of every eight feet for the entire length of the mobile home;
[2]
Perimeter foundation walks having a minimum of eight inches in width and 42 inches in depth; or
[3]
Lateral runners of a minimum of 16 inches by 36 inches spaced every eight feet for the entire length of the mobile home.
(f)
The structural frame of each mobile home shall be attached to the foundation in not less than six places, located in accordance with good engineering practice. Each attaching device shall be capable of withstanding a tension force of at least 2,800 pounds and shall be designed so as to secure the mobile home against uplift, sliding, rotation and overturning.
(g)
Each mobile home foundation shall be enclosed by a skirt securely fastened and extending from the outside wall of the mobile home to ground level around the entire perimeter of the mobile home. The skirt shall be constructed of sturdy wood, plastic, masonry or metal material, rigid, solid and nontransparent: a consistent material in color harmony with each unit and capable of withstanding extreme weather conditions over extended periods of time. No skirt shall be required where a perimeter foundation fully encloses the area between the unit and the ground level. Such skirt shall be installed within 10 days after placement of the mobile home on the foundation.
(h)
Mobile home lot access. All designated lots within a mobile home neighborhood shall have direct access to streets designed to Town of New Paltz specifications and to be approved by the Town Superintendent of Highways.
(i)
Refuse receptacles. Adequate refuse receptacles with tight-fitting covers shall be provided for each mobile home unit. These receptacles shall be kept in sanitary condition and emptied weekly by the licensee or his/her agent.
(j)
Required parking. Two off-street parking spaces shall be provided for each mobile home, with one additional space for each four mobile homes. Every parking space shall be at least 10 feet in width and 20 feet in length and shall have adequate provision for maneuvering and for passage to and from streets.
(k)
Mobile home neighborhood caretaker. Each mobile home neighborhood licensee shall provide on-site at all times a duly authorized attendant or caretaker who shall be in charge at all times in keeping the mobile home neighborhood and its facilities and equipment in a clean, orderly and sanitary condition. The attendant or caretaker shall be answerable, with the licensee, for the violation of any provision of this section to which the licensee is subject.
(l)
Mobile home unit expansion. Any mobile home unit, whether it is a single-wide or partial double-wide unit, may be expanded to a maximum size of twice the original single-wide unit; however:
[1]
The increase must be of a standard mobile home unit expansion type.
[2]
Any expansion must conform to the minimum unit separation.
[3]
Any expansion must receive site plan approval from the Town of New Paltz prior to the issuance of a building permit for such mobile home unit expansion.
[4]
Any single-wide unit proposed for expansion shall have a minimum lot area equal to that of a double-wide unit as specified herein.
(m)
Open space/landscape plantings. All areas of the site not occupied by buildings, units, parking areas, driveways or walkways shall be maintained as lawn area with landscape plantings of trees and shrubs or as natural areas as follows:
[1]
All margins along the front, side and rear property lines of the mobile home neighborhood site shall be planted with evergreen or deciduous trees in a mass planting or hedgerow for the purpose of visual screening and noise abatement. Such plantings shall be provided to the extent needed in order to provide for the screening of objectionable views, adequate shade and suitable settings for the mobile home and other facilities as approved by the Town of New Paltz.
[2]
The design of individual sites shall take into consideration the natural growth presently on the site and the nature and condition of the terrain as well as the relationship of the site itself with respect to adjoining lands. Screening and/or landscape plantings for such individual sites shall be provided as deemed necessary by the Town of New Paltz.
(n)
Utilities. Each individual mobile home unit shall be served by municipal or private central water supply facilities and wastewater treatment facilities as approved by the appropriate state and municipal agencies and the Ulster County Health Department.
[1]
An adequate supply of pure water for drinking and domestic purposes shall be supplied by pipes to all mobile home lots and buildings within the neighborhood to meet the requirements of the neighborhood.
[2]
Each mobile home lot shall be provided with a sewer which shall be connected to the mobile home situated on the lot to receive the waste from the shower, tub, flush toilets, lavatory and kitchen sink in such home. The sewer shall be connected to a public or private sewer system so as not to present a health hazard. Sewer connections in unoccupied lots shall be so sealed as to prevent the emission of any odors and the creation of breeding places for insects.
[3]
Plumbing connections to each mobile home shall comply with all regulations of the New York State Plumbing Code.
[4]
Weatherproof electrical service connections and outlets shall be of a type approved by the New York State Board of Fire Underwriters.
[5]
At least one public telephone or access to office phone shall be required.
(o)
Required storage space. Storage space within a building shall be provided in an amount equal to at least 80 cubic feet for each mobile home lot in the mobile home neighborhood.
(p)
Required recreation area. A recreation area shall be incorporated into the design of the mobile home neighborhood to be of a minimum of 1,000 square feet per mobile home unit with appropriate facilities to satisfy the needs of the neighborhood residents.
[1]
Such recreation area shall have at least one common area of a minimum of 5,000 square feet, and the Town of New Paltz may establish such conditions on the ownership, use and maintenance of this area as it deems necessary to assure the preservation of the recreation area for its intended purpose.
[2]
The Town of New Paltz shall also have the authority to require the location within any proposed Mobile Home Neighborhood District of a community recreation and service building and, consistent with such authority, may require that such building contain certain designated facilities, including among them but not being limited to laundry facilities, public telephone, recreational facilities, meeting room and rest rooms.
[3]
If the Planning Board and/or the Town Board finds that, due to size, topography or location of the Mobile Home Neighborhood District, land for parks, open spaces, playground or other recreational purposes cannot be properly located therein or that same are not desirable, the appropriate Board shall require, prior to approval and filing of the proposed plan, that a payment to the Town of New Paltz recreation trust fund be made in an amount equal to $100 per mobile home lot within the Mobile Home Neighborhood District being considered for approval. Such amount shall be paid to the Town of New Paltz at the time that final approval of the plan is made, and no such plan shall be finally approved nor filed until such payment has been made.
(q)
Pedestrian. Pedestrianways shall form a logical, safe and convenient system of pedestrian access to all project facilities.
(r)
Snow removal. The licensee shall be responsible for snow removal from the mobile home neighborhood site to the public highway.
(s)
Site lighting. Streetlighting shall be provided at all entrances and exits to the mobile home neighborhood and on all internal streets, intersections, walkways and common areas. Such lighting shall provide an illumination of 0.6 footcandle to those areas.
(t)
Fire protection.
[1]
A mobile home neighborhood shall be provided with suitable and operable fire extinguishers and other fire alarm and protection devices as may be prescribed by the fire district wherein said mobile home neighborhood is located. There shall be clear numbering of mobile homes within the mobile home neighborhood, with a layout map provided to the fire and disaster coordinator and to ambulance and police agencies. Water supplies should be adequate as determined by the County Fire Coordinator to permit the effective operation of at least two one-and-one-half-inch hose streams on any fire in a mobile home neighborhood, whether the supply is derived from hydrants connected to an underground water supply system or reservoir or a water supply source of not less than 6,000 gallons suitably accessible for Fire Department drafting operations.
[2]
Smoke detectors shall be installed and operable in all mobile homes not so equipped prior to occupancy of such mobile home.
(3)
Circulation/access.
(a)
Primary access. Each mobile home neighborhood shall be accessible from an existing state or county highway.
(b)
Where a mobile home neighborhood has more than 24 mobile home units, two points of entry and exit shall be provided, shall be separated by a minimum of 200 feet and shall be designed as follows:
[1]
Such entrances and exits shall be designed and strategically located for the safe and convenient movement into and out of the neighborhood and to minimize friction with the free movement of traffic on a public highway.
[2]
All entrances and exits shall be at right angles to the existing public highway.
[3]
All entrances and exits shall be free of any material which would impede the visibility of the driver on a public highway.
[4]
All entrances and exits shall be of sufficient width to facilitate the turning movements of vehicles with mobile homes attached.
(c)
Street standards. Each neighborhood shall have a street or streets provided with a smooth, hard and dust-free surface which shall be durable and well-drained under normal use and weather conditions to provide for the convenient accessibility to all mobile home lots and other important facilities within the neighborhood.
(e)
Primary access. Primary access of the entire mobile home neighborhood shall be provided by the one or two points of entry and exit directly to the New York State or Ulster County highway upon which the mobile home neighborhood has frontage.
[1]
Such access shall be so designed as to not direct mobile home neighborhood traffic to use abutting Town highways, unless otherwise approved by the Town of New Paltz.
[2]
Access to such abutting Town highways may be permitted for the primary purpose of providing emergency vehicle access, unless otherwise approved by the Town of New Paltz.
(f)
Secondary access. Access connections to improved Town highways abutting the mobile home neighborhood site are not permitted to be made to Town highways which were constructed as a result of subdivision approval by the Town of New Paltz Planning Board since the adoption of Land Subdivision Regulations by the Town of New Paltz in 1965.[4] The location and design regarding access to any other Town highway shall be determined as a result of the Town's site plan review and approval procedure and shall be subject to such review and approval by the Planning Board and Town Board of the Town of New Paltz.
G.
Performance bonds; maintenance.
(1)
Performance bonds. Prior to the issuance of a license or renewal thereof for the operation of a mobile home neighborhood, a certificate by the Town Clerk shall be submitted certifying that the applicant has complied with one of the following;
(a)
That all public improvements have been installed to the satisfaction of the Town Engineer or any other official or body authorized by law to act in accordance with the requirements as specified herein; or
(b)
That a performance bond or certified check has been posted in a sufficient amount to assure such completion of all required improvements and is available to the Town of New Paltz.
(2)
Maintenance. It shall be the responsibility of the licensee, through the on-site caretaker or attendant, to adequately maintain the mobile home neighborhood at all times. If, however, in an emergency situation, it is necessary for the Town of New Paltz to perform such maintenance, it shall be performed as authorized by the Town Board, and all costs incurred in the performance of such maintenance shall be reimbursed to the Town of New Paltz by the licensee.
H.
Mobile home neighborhood inspection. Before any neighborhood commences operation, the Building Inspector shall make an inspection of the premises to determine that all requirements of this section have been met and issue a certificate of occupancy. No uses shall be permitted until such a certificate has been issued.
I.
Revocation of license.
(1)
Inspection authorization. The Town Board shall have the authority to enter and inspect, for health, sanitary and other provisions of this section, any facility licensed hereunder at any reasonable time.
(2)
Violations. If, upon inspection, it is found that the licensee has violated any provision of this section, the Town Board shall have the authority to suspend such license and order the mobile home neighborhood closed after notice and an opportunity to be heard. The licensee shall be notified by the Town Board of the nature of the violation, and the Town Board shall set the time by which the violation shall be remedied and the action(s) to be taken if the violation is not corrected.
§ 140-22 Planned Commercial Park District.
[Amended 4-26-1978 by L.L. No. 4-1978]
A.
It is the purpose of the Planned Commercial Park District (PCP) to provide locations for moderate-intensity office/commercial buildings in areas outside of the central business corridor. It is intended that moderate-intensity office/commercial buildings may be permitted as an alternative use in those areas designated as I-1 Light Industry on the Town of New Paltz Zoning Map[1] which will not have an adverse impact on the adjoining neighborhood.
[1]
Editor's Note: The Zoning Map is included in a pocket at the end of this volume.
B.
The fact that an application complies with all specific requirements and purposes set forth herein shall not be deemed to create a presumption that the application is, in fact, compatible with surrounding land uses and in itself shall not be sufficient to require the granting of any application.
C.
The Town Board may, after Planning Board review, public notice and hearing, approve, establish, describe and designate a Planned Commercial Park District on the Official Zoning Map of the Town of New Paltz[2] pursuant to the Town Law and amendments thereto. The public hearing upon such application shall be noticed in accordance with Article XVI, Public Hearings, of Chapter 140, Zoning, of the Code of the Town of New Paltz.
[Amended 5-24-2007 by L.L. No. 2-2007]
[2]
Editor's Note: The Zoning Map is included in a pocket at the end of this volume.
D.
The Planned Commercial Park District shall be applicable to designated I-1 Light Industry Districts where the applicant can demonstrate that the characteristics of the lands in question will meet the intent of this section.[3]
[3]
Editor's Note: Former Section VO2, Minimum site size, which immediately followed this subsection, was deleted 12-30-1987 by L.L. No. 9-1987.
E.
Permitted uses shall be as follows:
(1)
Office buildings and use of structures for general office purposes. "General office purposes" shall include offices of professional persons, such as doctors, lawyers and landscape architects; general business offices, such as the offices of insurance companies, trade associations, manufacturing companies, investment concerns, banks and trust companies, real estate companies, etc. However, "general office purposes" shall not include any kind of retail or wholesale store or warehouse except as otherwise provided herein.
(2)
Hotels or motels.
(3)
Hospitals or convalescent homes.
(4)
Medical and dental centers or clinics and professional pharmacies or laboratories located therein, provided that such pharmacy or laboratory shall be subject to the conditions imposed by Subsection I of this section.
(5)
Publicly owned and operated buildings and uses, including community buildings for meetings, conventions, exhibitions, public parks, playgrounds and recreational areas.
(6)
Government buildings or governmental uses.
(7)
Indoor recreational facilities.
G.
Design elements shall be as follows:
(1)
Minimum site area: 10 acres.
(2)
Minimum lot width: 500 feet.
(3)
Front setback for all buildings: 75 feet.
(4)
Setback from side and/or rear lot lines: 50 feet.
(5)
Maximum lot coverage, building or structural: 30%.
(6)
Maximum building height: three stories or 40 feet, whichever is greater.
(7)
Sewer and water: No land shall be classified in the Planned Commercial Park District unless it is proposed for sanitary sewage and water service, per all requirements of the Health Department and any other applicable agency. In addition, if and when a Town sewer district or a Town water district is formed or expanded, the Planned Commercial Park will become part of said district without cost to the Town of New Paltz and at the sole cost and expense of the developer.
(8)
Vehicular access shall be allowed at a maximum of two locations along the frontage of the parcel, except in the case of an exceptionally large holding wherein the traffic circulation will be improved and safety maintained if additional access is provided.
(9)
Pedestrian areas and access: In an effort to humanize and encourage pedestrian use of the outdoor spaces of the Planned Commercial Development, provisions for such design elements shall be required. The location, design and type of such elements shall be in relation to the design of buildings and site layout in general and shall include pedestrian sitting areas with benches and landscape plantings and accessways from parking areas allowing ease and safety of pedestrian circulation throughout the site.
(10)
Landscape buffer: A minimum of 25 feet of buffer zone shall be provided along any property line which abuts a residential district. In addition, the side yard shall be increased to 100 feet if the building abuts a residential district. The landscape planting in the buffer strip shall be used as an effective screening device.
(11)
Signs. In addition to any sign or signs approved pursuant to the provisions of Article XIII, there shall be allowed not more than one freestanding sign for the complex, the size of which shall not exceed 45 square feet in area, provided that said sign is located no closer than 10 feet to any property line and shall not rise more than six feet above ground level.
[Amended 12-20-2001 by L.L. No. 6-2001]
(12)
Off-street parking: Within the total area required (as per § 140-34), a minimum of 10% of that area shall be landscaped with plantings of trees, shrubs and grass, along with other materials per a schedule to be submitted with the site plan. This landscaped area shall afford an opportunity to maintain the aesthetics of the Town and act as guides for the circulation and parking of vehicles and movement of pedestrians throughout the site.
(13)
Outdoor storage or displays shall not be permitted except by the issuance of a special permit for an activity that is being promoted by the entire complex.
H.
Expansion of planned commercial park development. It is the intent of the Planned Commercial Park District to provide the maximum amount of freedom possible for future expansion. Such expansion may be permitted, provided that the proposed addition is compatible with the initial development and the incorporation of additional land area is so planned and designed as to directly relate to and function with such initial development. All supplementary regulations and procedures herein defined shall be applicable.
[Amended 12-30-1987 by L.L. No. 9-1987]
I.
Medical/dental clinics. Accessory services related to medical/dental clinics, including pharmacies and laboratories for the use of patients visiting the medical practitioners in the clinic, may be permitted as part of the clinic facility, subject to the following specific conditions:
(1)
All entrances to parts of the building in which these services are provided shall be from within the building.
(2)
The hours during which these services are provided shall be limited to those during which medical practitioners are receiving patients.
(3)
Signs and other advertising indicating the availability of these services shall be located within the building.
§ 140-22.1 Gateway Districts.
[Added 10-3-2019 by L.L. No. 7-2019]
A.
The Gateway Zoning Districts are comprised of land formerly in the B-2 Zoning District located in the Main Street (Route 299) corridor, east of the Village of New Paltz. The three Gateway Districts are set forth on the Town Zoning Map. They are:
MSMU — Main Street Mixed Use |
GB — Gateway Business |
GH — Gateway Hamlet |
B.
The pictures and diagrams included in the Route 299 Gateway Districts Zoning Illustrations ("Illustrations") provide examples of the application and interpretation of the zoning law.[1]
[1]
Editor's Note: Said illustrations are included as an attachment to this chapter.
C.
In the event of any conflict between the standards for the Gateway Districts and other requirements in the Zoning Law, the standards in the Gateway District shall prevail. Development of lands located with the GH District and also within the PRO District will be governed by the provisions of § 140-162B.
D.
Notwithstanding § 140-12A of the Zoning Law, corner lots in the Gateway Districts shall not be considered to have two front yards and shall designate a frontage as a front yard and the other as a side yard.
E.
Distance between principal buildings. In the Gateway Districts, the minimum distance between principal buildings is zero feet.
F.
Sidewalks. The development or redevelopment of any lot in the Gateway Districts shall provide a sidewalk along the full street frontage of said lot to connect adjacent lots and to enhance and provide definition to the street providing frontage for the lot.
(1)
All sidewalks shall be constructed of concrete or other material acceptable to the Planning Board which have a general tendency not to become slippery when wet.
(2)
All sidewalks shall be a minimum of five feet wide and shall be designed to be consistent with the Americans with Disability Act Accessibility Guidelines, as well as standards of the applicable highway agency if sidewalks are proposed within the right of way.
G.
Standards for redevelopment.
(1)
For new development and for projects involving alterations to an existing building that involve an area equal to or greater than 75% of a building's floor area or 75% of the exterior improved area of a lot, full compliance with the design standards for the applicable district is required.
(2)
For projects involving alterations to an existing building that involve an area equal to or greater than 50% of a building's floor area or 50% of the exterior improved area of a lot, the development shall bring the property into full compliance with the sign standards, lighting standards and landscaping standards for the applicable district and achieve compliance with the other design standards to the extent practicable.
(4)
Waiver of standards. In all cases where full compliance with the requirements of Subsections F or G(1) and (2) above cannot be met, an applicant may request a waiver from the Planning Board. The request for a waiver shall include a written explanation of the difficulties in meeting the particular design standard(s) and a description of how the applicant proposes to satisfy the purposes of the appropriate district (see § 140-22.2A for MSMU, § 140-22.3A for GB, or § 140-22.4A for GH) despite lack of compliance with the design standard(s).
(a)
The Planning Board may grant a waiver of individual requirements of the design standard(s) by unanimous vote of the full Planning Board after consideration of: 1) the practical difficulties of applying the standard to the particular project; 2) the potential adverse impact on surrounding properties and the neighborhood of applying or not applying the standard to the proposed project; 3) the feasibility of alternate means or measures to attain the same goal as the standard. Such decision and findings shall be set forth in writing.
(b)
If a majority of the full Planning Board recommends approval of a waiver, an applicant may apply to the Town Board for the waiver, which may be granted at a regularly scheduled meeting of the Town Board by an affirmative vote of a majority of the full Town Board.
H.
As part of its site plan and environmental review of projects proposing mixed-use dwellings within 65 feet of the Thruway, the Planning Board shall, where appropriate, consider techniques to mitigate potential impacts of air pollution on the residential dwelling units, such as building orientation, air filtration systems and an increased vegetative buffer.
§ 140-22.2 Main Street Mixed Use District.
[Added 10-3-2019 by L.L. No. 7-2019]
A.
Purpose: The objective of Main Street Mixed Use District is to ease the transition from the Village to the Town, and transition away from auto-oriented strip commercial development and extend the Village's walkable, mixed-use, "Main Street" character into the Town as properties are improved and redeveloped over time. With the changing commercial real estate landscape, mixed-use development will provide more development options including opportunities for upper-floor residential units that could offer the community much needed housing diversity and affordability. Physical, environmental, and economic constraints on the expansion of roadway infrastructure require that mobility options such as walking, bicycling, and public transportation be provided in the MSMU. The Empire State Trail traverses this District, with pedestrians guided to Main Street and bicyclists directed up North Putt Corners Road to Henry W. Dubois Drive. Development in the MSMU should be organized and designed to support a multi-modal transportation system.
B.
Permitted uses are set forth in § 140-8B. Parking is permitted as an accessory use with site plan approval. Any parking structure shall be designed to be hidden from view from the street.
C.
Area and bulk regulations. The area and bulk regulations for MSMU are set forth below:
(1)
Minimum lot area: 7,500 square feet.
(2)
Lot width: 75 feet.
(3)
Required lot frontage: 75 feet.
(4)
Required yards:
(a)
Front: On state roads, a minimum 25 feet plus one additional foot for every foot of building height over 25 feet to a maximum setback of 40 feet. On local and county roads, a minimum zero to 10 feet to a maximum setback of 20 feet.
(b)
Side: Minimum 10 feet, except along the NYS Thruway right-of-way wherein the minimum setback is 50 feet.
(c)
Rear: Minimum 25 feet, except along the NYS Thruway right-of-way wherein the minimum setback is 50 feet.
(5)
Maximum impervious coverage: 85% for redevelopment of developed sites and 65% for development of undeveloped sites.
(6)
Maximum building footprint: 7,500 square feet per building. More than one building is allowed per lot provided other dimensional requirements are met.
D.
Design standards. The Planning Board shall consider the following design standards and the standards for redevelopment found in § 140-22.1G and ensure that prior to approving projects in the MSMU, the intent of the design standards has been achieved by the applicant to the fullest extent practicable.
(1)
Site organization. Drawings and photos that illustrate required and desirable elements of site organization, site design, and architecture can be found in the Illustrations.[1]
(a)
New buildings:
[1]
Buildings should be located adjacent to the street with prominent pedestrian connections to the sidewalk.
[2]
Off-street parking in the rear of buildings is preferred. Parking at the side of buildings, behind the front building line, shall only be permitted if there is insufficient space in the rear. Off-street parking in front of buildings is prohibited (see Illustrations, Picture 1).
[3]
If parking is located at the side of a building, a landscaped buffer of up to 15 feet in width, but in no case less than five feet, of a density to disrupt visibility, shall be required by the Planning Board between the parking area and the back edge of the sidewalk. The landscape shall include a mixture of trees, hedges or shrubs, with optional hardscape of low walls or fences made of brick, stone, wrought iron, or an acceptable substitute (see Illustrations, Pictures 2 and 3).
(b)
Redevelopment of existing sites:
[1]
Alteration of an existing developed lot shall bring the site into greater conformance with the standards of the MSMU District in accordance with § 140-22.1G. For example, if an existing commercial site with parking in front (see Illustrations, Picture 4, Panel 1) is proposed to be redeveloped, improvements should be provided up to the edge of pavement of the road fronting the lot. If the proposed alterations to an existing building or structure involve an area less than 50% of a building's or structure's floor area or 50% of the exterior improved area of the lot, bringing the facade closer to the sidewalk, or improvements such as a low wall or decorative fence with plantings at the sidewalk edge, should be provided (see Illustrations - Picture 4, Panel 2).
[2]
Any new buildings shall be located closer to the street (see yard requirements) with prominent pedestrian connections to the sidewalk (see Illustrations, Picture 4, Panel 3) and sidewalks provided where needed.
(c)
Mixed-use buildings of two to three stories, with active uses (such as retail, restaurant, personal service) on the ground floor and residential or office uses on the upper levels, are preferred (see Illustrations, Picture 5).
(d)
The site organization standards above are intended to provide some design flexibility. For example, Pictures 6, 7, and 8 in Illustrations provide three different design concepts for the same site that would all conform to the new design standards.
[1]
Editor's Note: Said illustrations are included as an attachment to this chapter.
(2)
Site design.
(a)
Landscape buffer. A minimum landscape buffer of 15 feet consisting of native plantings that provide year-round screening is required along property boundaries adjoining a property within a residential zoning district.
(b)
A minimum of 10% of the parking lot shall be comprised of landscaping. A landscaped island equal to one parking space for every 10 spaces is required to break up continuous areas of pavement within a parking lot. A minimum of one shade tree, at least three inches DBH at planting, is required to be planted in a landscaped island for every 15 parking spaces proposed. A well-designed lot is shown in Illustrations, Picture 9.
(c)
Curb cuts shall be consolidated where feasible. Cross-easements to provide shared access through side and rear parking areas of adjoining sites shall be required by the Planning Board.
(d)
Pedestrian and bicycle connections through parking areas shall be provided. Examples are provided in Illustrations, Pictures 10 and 11.
(e)
Use of green infrastructure and low-impact development techniques for stormwater management in parking areas is required to the extent practicable. Examples of green infrastructure are shown in Illustrations, Pictures 11 and 12.
(f)
Properties adjoining the NYS Thruway (I-87) must maintain, establish, or enhance, as needed, a substantial vegetated natural buffer, which may be supplemented with evergreens. The landscape buffer must have a minimum depth of 30 feet from any property line along the Thruway.
(g)
All trees seven inches DBH or greater must be inventoried, and the design of the site shall consider opportunities to leave these trees undisturbed. The Planning Board may request alternative site layouts that protect significant trees.
(h)
Existing grades shall be preserved to the extent practicable to reduce necessary cut and fill and to retain existing vegetation and topography.
(i)
Signs. Signs should be scaled and oriented to the pedestrian environment. For example, wall signs should be located in a sign band on the facade, a horizontal section that divides the storefront windows from the upper facade (see Illustrations, Pictures 13 through 16). They should be located so as to avoid obscuring or covering facade features, including windows, doors, storefronts, building entrances, cornices, and columns. Upper-floor signage is not permitted for ground-floor uses. Well-designed projecting signs and window signs are also appropriate (see Illustrations, Picture 17). Monument signs, as defined in § 140-98, are preferred to other types of freestanding signs (see Illustrations, Pictures 18 and 19). Pole signs as defined in § 140-98 are prohibited.
(j)
Lighting.
[1]
External sign illumination, designed to limit light spill, is preferred to internal sign illumination.
[2]
Lighting in parking lots shall use a pedestrian-scale light fixture, no more than 20 feet in height, with an even, overlapping lighting arrangement.
[3]
Lighting shall be glare-free and shielded from the sky, and adjacent properties using cut-off technology that controls light spread. (see Illustrations, Pictures 20 and 21). Lighting levels at the property lines shall not exceed 0.1 footcandle.
(k)
Site furnishings. Bicycle parking, benches, trash receptacles, and other appropriate site amenities shall be incorporated into the site design. (see Illustrations, Pictures 22 and 23)
(l)
Parking requirements. The required off-street automobile parking spaces listed in § 140-34 shall be the maximum allowable in the MSMU District. To ensure the overall efficiency of parking development in the MSMU District, applicants proposing more than 10 spaces shall include with their applications an analysis of the opportunities to reduce parking requirements further by using the applicable reduction strategies below. The Planning Board shall require the maximum reduction available under Subsection D(2)(l)[1] and [2] below unless it determines that: (i) A surplus of spaces on a particular site will benefit the MSMU District as a whole by providing off-site sharing opportunities for other sites in the MSMU District; or (ii) The techniques for reduction of the number of off-street or on-site parking spaces available to the applicant are infeasible or would impose an undue hardship on the applicant.
[1]
Shared on-site parking. To implement shared on-site parking, the applicant shall provide an analysis as part of site plan review to demonstrate that proposed uses are either competing or noncompeting.
[a]
Noncompeting uses. In mixed-use developments, applicants may propose a reduction in parking requirements based on an analysis of peak demands for noncompeting uses. Up to 75% of the requirements for the predominant use may be waived by the Planning Board if the applicant can demonstrate that the peak demands for two uses do not overlap. An applicant may use the latest peak demand analyses published by the Institute of Traffic Engineers (ITE) or other source acceptable to the Planning Board.
[b]
Competing uses. In mixed-use developments, applicants may propose a reduction in parking requirements where peak demands do overlap to some extent. In these cases, the Planning Board may reduce the parking requirements of the predominant use by up to 30%.
[2]
Off-site parking. Separate from, or in conjunction with shared parking provisions, an applicant may use off-site parking to satisfy parking requirements. As part of site plan review, the applicant shall provide the necessary information to comply with the following standards:
[a]
Off-site parking shall be located within 500 feet of the subject property.
[b]
Off-site parking may only be provided if the off-site parking lot has an excess number of spaces or if the applicant can demonstrate that the on-site and off-site uses which use the parking lot have noncompeting peak demands.
[c]
The amount of required parking spaces being reduced on-site shall be equal to the amount being provided off-site and can account for up to 100% of the required on-site parking.
[d]
Off-site parking spaces provided by a separate private property owner shall be subject to a legally binding agreement that will be presented to and approved by the Planning Board during the site plan review process or as a condition of approval. If the conditions for shared parking become null and void and the shared parking arrangement is discontinued, it will constitute a violation of the site plan for any use approved expressly with shared parking. If shared parking is discontinued, the applicant or property owner shall provide written notification of the discontinuance to the Building Inspector and, within 60 days of that notice, provide a remedy satisfactory to the Planning Board to provide adequate parking or discontinue the use.
[e]
Uses sharing a parking facility shall provide for safe, convenient pedestrian connections between uses and parking, including well-marked pedestrian crossings, signage, and pedestrian-scale lighting.
(3)
Architecture.
(a)
Buildings shall have at least two occupiable stories.
(b)
The main building facade and main entrance shall face the public street. On a corner lot, main facades shall be designed to face both streets irrespective of the property line's designation as a front or side yard. A secondary building entrance facing a rear parking lot is strongly encouraged.
(c)
A drive-through window for retail and service uses is permissible if: 1) it is located behind the building; 2) it is integrated architecturally into the building; and 3) it does not require additional curb cuts and/or a separate curb cut for ingress and egress to the street. Drive-through windows for food and beverage service uses are prohibited.
(d)
Building transparency is important at the street level; consequently, the ground level of buildings shall have a minimum 50% glass surface that is oriented vertically (see Illustrations, Pictures 24 and 25).
(e)
Floor-to-ceiling windows are prohibited.
(f)
First story height shall be a minimum of 12 feet measured floor to floor.
(g)
Upper-floor windows shall relate to the first-floor windows in shape, form, and pattern.
(h)
Upper-floor windows shall make up at least 30% of the facade on each floor.
(i)
Building styles and materials traditionally found in New Paltz are required (see Illustrations, Pictures 24 through 27).
[1]
Wood siding and/or earth-based materials such as brick, stone, bluestone, cement reinforced clapboard siding and/or stucco are acceptable materials. Fiber-cement siding is an acceptable material for new construction when it holds a similar texture, reveal, and appearance to wood siding. Vinyl, plastic and metal siding are prohibited except for detached one-family dwellings.
[2]
Building styles, textures and materials should be based on those common to local vernacular (late 1800's styles such as Mohonk Mountain House, Historic Huguenot Street, Arts & Crafts style, and rural farm/barn vernacular forms). Unique designs and aesthetic connectivity among structures are encouraged. Cookie-cutter and franchise architecture are prohibited.
[a]
Facades shall utilize earth tones or natural colors using real design elements, such as cedar shake, barn wood, shale, quartz, and river rock. Modern interpretations of vernacular styles may be considered, provided that textures and materials are real design elements, as noted above, rather than imitations.
[b]
Building shape and massing. New buildings should replicate the massing of structures within the Village of New Paltz. Mass is the overall bulk of a building and can be varied by changes in setback, shapes (flat to circular), color, facade details (cornices), and roofline (parapet addition on right side of building).
[c]
Using compatible roof forms and shapes is another way to incorporate features from buildings within the Village of New Paltz.
§ 140-22.3 Gateway Business District.
[Added 10-3-2019 by L.L. No. 7-2019]
A.
Purpose.
(1)
As the primary entranceway to New Paltz and a gateway to the Shawangunk Mountains from the NYS Thruway and points east, this portion of the Route 299 corridor is home to a small number of small-scale commercial establishments. Much of the area is vacant and constrained to development due to an abundance of wetlands and limited infrastructure. The importance of NYS Route 299 as a regional east-west highway and the intersection of Route 299 with Exit 18 of the NYS Thruway require that vehicular access to Route 299 be carefully managed. With the development of New York State's Empire Trail, the Hudson Valley Rail Trail and the Wallkill Valley Rail Trail are connected. The Empire State Trail is a tremendous recreational asset for residents and visitors and a catalyst for economic growth in New Paltz.
(2)
The objective of the GB District is to improve the aesthetic quality of development in the corridor, ensure that environmental resources are protected, and manage access to NYS Route 299 for the safety of drivers, bicyclists, and pedestrians who utilize this corridor. The GB District encourages a variety of uses. Development should be focused on welcoming visitors to New Paltz.
C.
Area and bulk regulations. The area and bulk regulations for the GB District are set forth below:
(1)
Minimum lot area: 7,500 square feet.
(2)
Lot width: 75 feet.
(3)
Required lot frontage: 75 feet.
(5)
Maximum impervious coverage: 65%.
(6)
Maximum building footprint: 10,000 square feet.
(7)
Building height: A minimum of two occupiable stories not to exceed 30 feet is required. A third story, with building height not to exceed 35 feet, is permitted if the building is designed and built to meet United States Green Building Council's LEED requirements at the level "silver" or higher.
D.
Design standards. The Planning Board shall consider the following design standards and standards for redevelopment found in § 140-22.1G and shall ensure that prior to approving projects in the GB District, the intent of these design standards has been achieved by the applicant to the fullest extent practicable.
(1)
Site organization and site design. Drawings and photos that illustrate required and desirable elements of site organization, site design, and architecture can be found in the Illustrations.[1]
(a)
Off-street parking shall be provided on the side or in the rear of buildings (see Illustrations, Pictures 1 through 3).
(b)
Screening with native vegetation shall be provided along the roadway to reduce the visual impact of parking and storage areas.
(c)
Landscape buffer. A minimum landscape buffer of 15 feet consisting of native plantings that provide year-round screening is required along property boundaries adjoining a residential zoning district.
(d)
Properties adjoining the NYS Thruway (I-87) must maintain, establish, or enhance as needed a substantial natural vegetated buffer, supplemented with evergreens. The landscape buffer must have a minimum depth of 30 feet from any property line along the Thruway.
(e)
All trees seven inches DBH or greater must be inventoried, and the design of the site shall consider opportunities to leave these trees undisturbed. The Planning Board may request alternate site layouts that protect significant trees.
(f)
Existing grades should be preserved to the extent practicable to reduce necessary cut and fill and to retain existing vegetation and topography.
(g)
Curb cuts shall be consolidated where feasible. Cross-easements to provide shared access through side and rear parking areas of adjoining sites shall be required by the Planning Board.
(h)
A minimum of 10% of the parking lot shall be comprised of landscaping. A landscaped island equal to one parking space for every 10 spaces is required to break up continuous areas of pavement within a parking lot. A minimum of one shade tree, at least three inches DBH at planting, is required to be planted in a landscaped island for every 15 parking spaces proposed. A well-designed lot is shown in Illustrations, Picture 9.
(i)
Bicycle and pedestrian connections from the Empire State Trail to building entrances shall be provided where possible. Pedestrian connections shall be delineated and defined in parking areas. Examples are provided in Illustrations, Pictures 10 and 11.
(j)
Use of green infrastructure and low-impact development techniques for stormwater management in parking areas is required to the extent practicable. Examples of green infrastructure are shown in Illustrations, Pictures 11 and 12.
(k)
Signs. Signs should be scaled and oriented to the pedestrian environment. For example, wall signs should be located in a sign band on the facade, a horizontal section that divides the storefront windows from the upper facade (see Illustrations, Pictures 13 through 16). They should be located so as to avoid obscuring or covering facade features, including windows, doors, storefronts, building entrances, cornices, and columns. Upper-floor signage is not permitted for ground-floor uses. Well-designed projecting signs and window signs are also appropriate (see Illustrations, Picture 17). Monument signs, as defined in § 140-98 are preferred to other types of freestanding signs (see Illustrations, Pictures 18 and 19). Pole signs as defined in § 140-98 are prohibited.
(l)
Lighting.
[1]
External sign illumination, designed to limit light spill, is preferred to internal sign illumination.
[2]
Lighting in parking lots shall use a pedestrian scale light fixture, no more than 20 feet in height, with an even, overlapping lighting arrangement.
[3]
Lighting shall be glare free and shielded from the sky, and adjacent properties using cut-off technology that controls light spread. (see Illustrations, Pictures 20 and 21) Lighting levels at the property lines shall not exceed 0.1 footcandle.
(m)
Site furnishings: Bicycle parking, benches, trash receptacles, and other appropriate site amenities shall be incorporated into the site design (see Illustrations, Pictures 22 and 23).
[1]
Editor's Note: Said illustrations are included as an attachment to this chapter.
(2)
Architecture.
(a)
Building styles and materials traditionally found in New Paltz are required (see Illustrations, Pictures 24 through 27).
[1]
Wood siding and/or earth-based materials such as brick, stone, bluestone, cement reinforced clapboard siding and/or stucco are acceptable materials. Fiber-cement siding is an acceptable material for new construction when it holds a similar texture, reveal, and appearance to wood siding. Vinyl, plastic and metal siding are prohibited except for detached one-family dwellings.
[2]
Building shape and massing. New buildings should replicate the massing of structures within the Village of New Paltz. Mass is the overall bulk of a building and can be varied by changes in setback, shapes (flat to circular), color, facade details (cornices), and roofline (parapet addition on right side of building).
[3]
Using compatible roof forms and shapes is another way to incorporate features from buildings within the Village of New Paltz.
(b)
The front building facade and main entrance shall face the public street. A secondary building entrance facing a rear or side parking lot is strongly encouraged.
(c)
A drive through window is permitted if: 1) it is located at the rear of the building; 2) it is integrated architecturally into the building; and 3) it requires no separate access to a public street or additional curb cuts.
§ 140-22.4 Gateway Hamlet District.
[Added 10-3-2019 by L.L. No. 7-2019]
A.
Purpose.
(1)
The Hamlet of Ohioville is a traditional crossroads settlement that was established years ago at the intersection of Ohioville Road and Old Route 299 (New Paltz Road). Construction of Exit 18 of the NYS Thruway and the reconstruction of NYS Route 299 changed its context but characteristics of the old mixed-use hamlet remain and are worthy of preservation. In other words, Ohioville is different than other parts of the Gateway corridor.
(2)
The objective of the Gateway Hamlet District is to provide land use regulations and design standards that ensure that the unique characteristics of the Ohioville Hamlet are preserved and enhanced. The traditional hamlet settlement pattern found in Ohioville is characterized by smaller lots and mixed uses in a compact, walkable layout. Maintaining and extending this form to the south side of NYS Route 299 and reconnecting to Paradies Lane will establish Ohioville as a unique place on the road to New Paltz. The Empire State Trail brings pedestrians and bicyclists into the hamlet, further encouraging development of a compact, safe, and walkable layout.
C.
Area and bulk regulations. The area and bulk regulations GH District are set forth below:
D.
Design standards. The Planning Board shall consider the following design standards and standards for redevelopment found in § 140-22.1G and ensure that prior to approving projects in the GH District, the intent of these design standards has been achieved by the applicant to the fullest extent practicable.
(1)
Site organization. Drawings and photos that illustrate required and desirable elements of site organization, site design, and architecture can be found in the Illustrations.[1]
(a)
New buildings:
[1]
Buildings shall be set back from the sidewalk no more than 10 feet.
[2]
Off-street parking shall be provided on the side or in the rear of buildings (see Illustrations, Picture 1).
[3]
If parking is at the side of a building, a minimum landscaped buffer of up to 15 feet in width, but in no case less than five feet, of a density to block visibility, shall be required by the Planning Board between the parking area and the back edge of sidewalk. The landscape shall include a mixture of trees, hedges or shrubs, with optional hardscape. Acceptable landscape materials include: trees, hedges, shrubs, or low walls of brick, stone, wrought iron, or an acceptable substitute (see Illustrations, Pictures 2 and 3).
(b)
Redevelopment of existing sites: Alteration of an existing developed lot shall bring the site into greater conformance with the standards of the GH District in accordance with § 140-22.1G(1). If the proposed alterations to an existing building or structure involve an area less than 50% of a building's or structure's floor area or 50% of the exterior improved area of the lot, the alterations shall bring the site into greater conformance with the standards of the GH District. For example, if an existing commercial site with parking in front (see Illustrations, Picture 4, Panel 1) is proposed to be redeveloped, improvements should be provided up to the edge of pavement of the road fronting the lot. Any new buildings shall be located closer to the street (see yard requirements) with prominent pedestrian connections to the sidewalk and sidewalks provided where needed (see Illustrations, Picture 4, Panel 3). Also see Illustrations, Pictures 6, 7, and 8, which illustrate three different design concepts for the same site that would all conform to the new design standards.
(c)
Mixed-use buildings of two to three stories, with retail uses on the ground floor and residential or office uses on the upper levels, are encouraged in the commercial portions of the hamlet (see Illustrations, Picture 5). Small-lot single-family homes should continue to be the predominant building type in the neighborhood areas of the hamlet.
[1]
Editor's Note: Said illustrations are included as an attachment to this chapter.
(2)
Site design.
(a)
A minimum landscape buffer of 15 feet consisting of native plantings that provide year-round screening is required along property boundaries adjoining a residential use.
(b)
A minimum of 10% of the parking lot shall be comprised of landscaping. A landscaped island equal to one parking space for every 10 spaces is required to break up continuous areas of pavement within a parking lot. A minimum of one shade tree, at least three inches DBH at planting, is required to be planted in a landscaped island for every 15 parking spaces proposed. A well-designed lot is shown in Illustrations, Picture 9.
(c)
Use of green infrastructure and low-impact development techniques for stormwater management in parking areas are strongly encouraged. Examples of green infrastructure are shown in Illustrations, Pictures 11 and 12.
(d)
Curb cuts shall be consolidated where feasible. Cross-easements to provide shared access through side and rear parking areas of adjoining sites shall be required by the Planning Board.
(e)
Pedestrian and bicycle connections through parking areas shall be provided. Examples are provided in Illustrations, Pictures 10 and 11.
(f)
All trees seven inches DBH or greater must be inventoried, and the design of the site shall consider opportunities to leave these trees undisturbed. The Planning Board may require alternate site layouts that preserve significant trees.
(g)
Existing grades shall be preserved to the extent practicable to reduce necessary cut and fill and to retain existing vegetation and topography.
(h)
Signs. Signs should be scaled and oriented to the pedestrian environment. For example, wall signs should be located in a sign band on the facade, a horizontal section that divides the storefront windows from the upper facade (see Illustrations, Pictures 13 through 16). They should be located so as to avoid obscuring or covering facade features, including windows, doors, storefronts, building entrances, cornices, and columns. Upper-floor signage is not permitted for ground-floor uses. Well-designed projecting signs and window signs are also appropriate (see Illustrations, Picture 17). Monument signs, as defined in § 140-98, are preferred to other types of freestanding signs (see Illustrations, Pictures 18 and 19). Pole signs as defined in § 140-98 are prohibited.
(i)
Lighting.
[1]
External sign illumination, designed to limit light spill, is preferred to internal sign illumination.
[2]
Lighting in parking lots shall use a pedestrian scale light fixture, no more than 20 feet in height, with an even, overlapping lighting arrangement.
[3]
Lighting shall be glare-free and shielded from the sky, and adjacent properties using cut-off technology that controls light spread. (see Illustrations, Pictures 20 and 21) Lighting levels at the property lines shall not exceed 0.1 footcandle.
(j)
Site furnishings. Bicycle parking, benches, trash receptacles, and other appropriate site amenities shall be incorporated into the site design. (see Illustrations, Pictures 22 and 23)
(3)
Architecture.
(a)
Building styles and materials traditionally found in the Ohioville Hamlet or from other areas of New Paltz are required (see Illustrations, Pictures 24 through 27 for images from downtown in the Village of New Paltz).
(b)
Wood siding and/or earth-based materials such as brick, stone, bluestone, cement reinforced clapboard siding and/or stucco are acceptable materials. Fiber-cement siding is an acceptable material for new construction when it holds a similar texture, appearance and reveal dimension to wood siding. Vinyl, plastic and metal siding are prohibited except for detached one-family dwellings.
(c)
The main building facade and main entrance shall face the public street. A secondary building entrance facing a rear or side parking lot is strongly encouraged.
(d)
A drive-through window is prohibited.