North Greenbush City Zoning Code
ARTICLE XX
Planned Waterfront Development District
§ 197-97 Purpose.
It is the purpose of the Planned Waterfront Development District (PWDD) to encourage a mix of water-dependent and enhanced uses which benefit from or take advantage of proximity to the river. Development of these uses will be subject to standards and a review process which provide that environmental features, including steep escarpments and ravines, wetlands, riverflats and indigenous vegetation, are protected and that opportunities for public access to the riverfront are retained and enhanced. It is also intended that landowners be provided with the ability to develop such a planned use development as an incentive for providing public access and amenities to and along the river.
§ 197-98 Legislative authority.
This article is adopted under the authority of the Municipal Home Rule Law and Article 42 of the Executive Law, entitled the "Waterfront Revitalization of Coastal Areas and Inland Waterways Act."
§ 197-99 Supersession of statute.
In addition to the powers and duties conferred upon the Planning Board pursuant to Article 16 of the Town Law, § 27-a of the Town Law is superseded to empower the Planning Board to review and approve, disapprove or approve with modifications designs and plans for a planned use development within the PWDD.
§ 197-100 Considerations for review.
In conducting its review of the proposed planned unit development, the Planning Board shall be guided by the same considerations applicable in the case of site plan review, as well as the Local Consistency Law and the Town of North Greenbush Local Waterfront Revitalization Program.
§ 197-101 District boundaries.
The district shall include all lands within the Town between the eastern shore of the Hudson River and the 150-foot contour line or a line 2,000 feet from the eastern shore, whichever is closest to the shoreline. The Official Zoning Map[1] shall be amended in accordance with this article to clearly demarcate the district.
[1]
Editor's Note: The Zoning Map is on file in the office of the Township Clerk.
§ 197-102 Permitted uses.
A.
Uses permitted by right. The following uses are permitted by right:
(1)
One-family residences and customary residential garages and sheds in compliance with the following area and bulk regulations:
B.
Uses permitted in a planned use development.
(1)
The following uses are permitted in a planned use development upon approval of site plans in accord with the standards and procedures set forth below and in § 197-104 below:
(a)
Marinas, boat launches, docks and similar public and private recreational uses.
(b)
Facilities for the transfer of passengers between waterborne transportation and other means of transportation.
(c)
Hotels, conference centers, offices, restaurants and supporting facilities.
(d)
Cultural, educational and scientific uses.
(e)
Navigational aids and shoreline protection structures.
§ 197-103 Development standards.
A.
No structure shall exceed 40 feet in height. The Planning Board may authorize structures up to 80 feet in height, provided that the Planning Board makes written findings that both of the following are satisfied:
(1)
The Town official responsible for fire prevention has certified that the Town has appropriate equipment to provide adequate firefighting services for such structures; and
(2)
The wooded backdrop of the escarpment is not interrupted in a way that would diminish the visual relief it provides from adjacent urban development nor in a way that would make the Town's waterfront area simply a continuation of this development.
B.
All structures shall be set back at least 40 feet from the river's edge except for those structures which house or are water-dependent uses as defined in the Town of North Greenbush Local Waterfront Revitalization Program.
C.
Total coverage by roads, rooftops, parking lots or other impermeable surfaces shall not exceed 1/3 of the gross site area of all lands west of the railroad and held in single ownership on the effective date of this article. This ratio shall be maintained regardless of future subdivision of the site.
D.
With the exception of one access road and related improvements, no permanent structure shall be located in any area where the average grade for a distance of 50 feet exceeds 10%.
E.
Parking shall be provided in accord with the following standards:
(1)
Marinas: two spaces for every three slips.
(2)
Hotels and conference centers: 1.5 spaces per room.
(3)
Residential: 1.5 spaces per dwelling unit.
(4)
Uses not listed: based on the analysis of the specific use and its traffic-generating characteristics.
(5)
Joint use of spaces: In the case of two or more uses located on the same site, the sum of the space required for all uses individually may be reduced to an amount no less than 125% of the largest number of spaces required by any single use, upon a determination by the Planning Board that such a reduced amount of parking space will be adequate to serve all uses on the lot due to their different character and hours of operation.
F.
No sign shall be visible from beyond the site with the exception of one unlighted sign not to exceed 20 square feet in area or 10 feet in height.
§ 197-104 Site plan review.
A.
Site plans for all uses shall be required in accord with the provisions of Chapter 155, Site Plan Review, of the Town Code.
B.
In its review of site plans, the Planning Board shall consider the following guidelines:
(1)
The location, design, color and materials of buildings should be such as to minimize their visibility from the river and the opposite shore.
(2)
Existing vegetation should be preserved to the greatest extent feasible where it provides natural screening, contributes to wetland or wildlife resources or is a significant or unusual species. New plantings should be used to maintain the natural, informal aspect of the site.
(3)
All utilities shall be placed underground to the maximum extent feasible.
(4)
Lighting should be spaced, shielded and directed to minimize glare and visibility from the river and the opposite shore.
(5)
Marina design should consider prevailing winds and navigation patterns, include at least one boat-launching facility and utilize natural vegetation and existing waterways as appropriate to minimize disturbance along the river shore. Marinas shall be designed to maintain proper circulation and flushing and avoid creation of "dead" areas. Marina sanitation pumpout facilities shall be provided in any marina; restrooms available to the public shall be provided in any marina open to the general public.
(6)
A public walkway shall be provided from the Town Park through the site to the City of Rensselaer line. Such walkway shall be within a thirty-foot nonextinguishable easement to the Town Board for the people of and visitors to the Town of North Greenbush. The walkway shall be generally located between the developed portion of the site (buildings and parking lots) and the water's edge, shall be integrated with natural features such as mature vegetation and wetlands and shall provide opportunities for views to the river and the wetlands. Walkways shall also be screened from adjacent service areas, shall be suitably surfaced for pedestrian use and shall be provided with benches, lighting and observation points at appropriate locations.
(7)
Proposals for the access road shall include the following:
(a)
Identification of pertinent visual analysis factors, such as landscape characteristics; areas where a concentration of viewers is likely, such as parks and recreation areas; prominent landforms which have inherent scenic qualities and/or could result in high visibility of the road if traversed; and routing factors, such as the use of vegetation and topography for screening and backdrop effects; and
(b)
Analysis of the road alignment in terms of compatibility with existing features (form, scale); enhancement or degradation of the overall landscape quality; impact where there are likely to be high numbers of viewers; and visibility of the road in terms of degree, distance and place in the landscape (foreground, background). This analysis should take into consideration the visual compatibility of the proposed road with existing and proposed natural and artificial features along the waterfront.
§ 197-105 Special permit uses.
In addition to the criteria set forth in § 197-61, the following criteria shall apply to uses listed in § 197-102B above:
A.
All uses permitted subject to a special permit shall comprise no more than 20% of the gross occupied floor area on the site at any time.
B.
Any use not specifically listed as permitted by right shall only be allowed upon a finding that is integrally related to other site uses, consistent with the purpose of this district and conforms to the schematic master plan for the site and the Town's Local Waterfront Revitalization Program.
§ 197-106 Environmental review.
No site plan shall be approved for any uses which will result in cumulative development in the district exceeding 5,000 square feet of floor area or 25 parking spaces until the following actions have been completed:
A.
A schematic site master plan has been prepared for the entire site held in single ownership on the effective date of this article, indicating the approximate size, height and location of structures, systems of vehicular and pedestrian circulation and parking, the location and general character of open space and recreation facilities and the general design and location of utility systems. The purpose of the schematic master plan is to provide a sufficient basis for evaluation of potential environmental effects as required in Subsection B below; it is not intended to be a detailed design nor an approval action by the Town, but, rather, to establish the basic parameters within which future detailed design and development will take place.
B.
A generic environmental impact statement (GEIS) shall have been prepared based on the schematic site master plan and, along with the requirements of SEQRA and its regulations, shall include the following elements:
(1)
An analysis of the impact on the wetlands and wildlife habitats, including plans to restore and/or enhance existing features, and measures to mitigate identified impacts.
(2)
Analysis of the visual impact of development as viewed from the Hudson River and the opposite shore.
(3)
Evaluation of the impacts of site disturbance, drainage patterns, erosion protection measures and site maintenance and usage on water quality in the river.
(4)
Analysis of the impacts of road construction, drainage improvements and vegetation removal on the unstable soils of the steep slopes above the river and mitigation measures to prevent adverse impacts.