Philipstown City Zoning Code
ARTICLE IV
Overlay District Regulations
§ 175-13 Floodplain Overlay District (FPO).
A.
General. The provisions of the Philipstown Town Code, Chapter 90, "Flood Damage Prevention," are incorporated herein by reference and shall apply in addition to any other applicable zoning or building regulations.
C.
Restrictions. In addition to any restrictions, requirements, or permits imposed or required by Chapter 90, no new structure intended for residential use and no new septic tank, leach field, or other sanitary sewage system shall be located within the Floodplain Overlay District. This shall not prevent the replacement of existing facilities.
§ 175-14 Cold Spring Reservoir Watershed Overlay District (WSO).
A.
Findings and purpose. The Town of Philipstown finds that the drinking water quality of the Cold Spring reservoirs represents an essential economic and environmental resource. The Comprehensive Plan establishes a sound justification and framework for protecting the quality of the reservoirs' water. It is the purpose of this section to establish regulations on land uses within the Cold Spring Reservoir Watershed to assure the protection of the quality of the water resource. The Town desires to achieve such protection by cooperating with the Villages of Cold Spring and Nelsonville.
B.
Boundaries. The boundaries of the Watershed Overlay District are shown on the Resource Protection Overlay Districts Zoning Map[1] and are intended to encompass all land draining into the Cold Spring reservoirs.
[1]
Editor's Note: Said map is included as an attachment to this chapter.
C.
Effect of district. Within the WSO District, all underlying land use district rules remain in effect, except as they are specifically modified by this § 175-14. In addition, within the entire WSO District, the Village of Cold Spring Watershed Rules and Regulations shall apply and be enforceable by the Town, regardless of whether a permit or approval is requested from the Town.
D.
Prohibited uses and practices. The following uses, when conducted at a scale greater than is legally permitted for an ordinary household, shall be prohibited in the WSO District:
(1)
Disposal of hazardous material or solid waste.
(2)
Treatment of hazardous material, except rehabilitation programs authorized by a government agency for treating hazardous material that existed on the site prior to the adoption of this land use law.
(3)
Production of hazardous material.
(4)
Dry cleaning, dyeing, printing, photo processing, and any other business that stores, uses, or disposes of hazardous material, unless all facilities and equipment are designed and operated to prevent the release or discharge of hazardous material.
(5)
Disposal of septage or septic sludge.
(6)
Automobile service stations.
(7)
Petroleum product pipelines, exclusive of natural gas.
(8)
Junkyards.
(9)
Truck terminals.
(10)
Clearing of more than 2,000 square feet of vegetation or construction of any dwelling unit, septic system, leach field, or driveway, where any portion of such clearing or construction is within 200 feet of Foundry Brook or either of the Cold Spring reservoirs.
E.
Procedures.
(1)
A copy of any application for a building permit, zoning permit, area variance, use variance, special permit, site plan approval, zoning amendment, subdivision sketch plan, preliminary subdivision plat or (final) subdivision plat, occurring partly or wholly within the WSO District, shall be submitted, simultaneously with its submission to the Town, to the Village of Cold Spring Water Department. Such submission shall be the applicant's responsibility.
(2)
The reviewing board or Zoning Administrative Officer shall incorporate all conditions and mitigation measures recommended by the village to ensure compliance with the village's watershed regulations.
(3)
The Town shall send the village copies of all permits or approvals granted by the Town pursuant to this § 175-14E, including the rationale for granting such permits and all conditions and mitigation measures imposed. The Town shall also send the village copies of all denials of permits or approvals, including any reasons given for such denials. This Subsection E(3) shall not apply to actions taken on building permits or subdivision sketch plans.
F.
Performance criteria.
(1)
Compliance with village watershed regulations. All development in the WSO shall comply with the Village of Cold Spring's watershed regulations and Putnam County Health Department regulations.
(2)
In evaluating applications for any development within the Watershed Overlay District, the reviewing board or official shall ensure that:
(a)
Nonpoint source pollution is prevented to the extent practicable, by taking into account slope gradient, soil erosivity, intensity and amount of pollutant application, and exposure and season of soil and/or pollutant exposure.
(b)
Travel time to watercourses is sufficient for those pollutants whose potential impact is neutralized by delayed contact with the reservoirs.
(c)
Pollutant loadings will not damage any watercourse.
(d)
Grading and removal of vegetation is minimized.
(e)
All sewage disposal systems will be monitored, inspected, and maintained regularly, to ensure proper functioning and protection of the water quality of the reservoirs, Foundry Brook, and their tributaries.
(3)
In order to fulfill the purposes of this § 175-14, the reviewing board or official shall designate acceptable areas for site disturbance and construction on all subdivision plats and site plans (including site plans and surveys associated with building permits and zoning permits). Outside such areas, site disturbance may occur only as minimally necessary for construction of driveways, utilities, fences, septic systems, and other structures that cannot practically be located within the acceptable area. The acceptable area of land disturbance for building a single-family residence and accessory structures shall not exceed 30,000 square feet. An applicant may be permitted to disturb more than 30,000 square feet upon a showing that the long-term runoff characteristics of the property will not be altered.
G.
Conditions and findings.
(1)
Before granting approval of any subdivision, special permit, site plan, variance, or zoning amendment that includes land wholly or partially located within the WSO District, the reviewing board shall impose appropriate conditions and make a written finding that the proposed development has been designed in a manner that retains predevelopment runoff characteristics and minimizes damage to water resources.
(2)
Such conditions may include a requirement that a conservation easement (as provided in § 175-21) be granted by the applicant to protect all or a portion of the land within the WSO District. Such conditions shall not deprive the applicant of economically viable use of the property and must bear a reasonable relationship to the fulfillment of the purposes of this § 175-14.
§ 175-15 Scenic Protection Overlay District (SPO).
A.
Findings and purpose. Special protection of the Hudson River corridor and scenic road corridors is necessary to preserve the attractive rural and historic quality of the Town. The purpose of this section is to regulate land uses within designated scenic corridors to protect the Town's scenic beauty and rural character. This section is intended to apply to those sections of road and river corridors that are visible to the public and that substantially retain their scenic character.
B.
Boundaries. The SPO District includes all land shown on the Resource Protection Overlay Districts Zoning Map[1] as part of the SPO District, including land lying between the Hudson River shoreline and New York State Route 9D and land lying within 250 feet of the right-of-way of all state, county and Town roads, excluding land lying within a SR, OC, HC, M, HM, or HR District.
[1]
Editor's Note: Said map is included as an attachment to this chapter.
C.
Regulatory effect on land uses. Within the SPO District, all of the underlying land use district regulations remain in effect, except as they are specifically modified by this section.
D.
Site plan approval requirement. The provisions of this § 175-15 shall apply only to uses, construction, or other land disturbance where other provisions of this chapter require site plan review or a special permit. Within the SPO District, site plan approval shall also be required for the construction of any dwelling exceeding 3,000 square feet in floor area. Site plan approval shall also be required for any land disturbance of more than 10,000 square feet within any one-year period or more than 20,000 square feet in total over any time period, in any location that is visible from a publicly accessible place (as defined in § 175-74) when there are no leaves on the trees. Nothing in this section shall affect the ability of landowners to cut, clear, or remove vegetation on their property as necessary to keep and maintain views that existed on the date of original adoption of this § 175-15.
E.
Site plan approval exemptions. Within the SPO District, the site plan approval requirement shall not apply to:
(1)
Agricultural uses, except for agricultural structures with a footprint exceeding 10,000 square feet.
(2)
The repair and maintenance of existing structures.
(3)
Activities carried out pursuant to a site plan or special use permit approved prior to the enactment of this section.
(4)
Clearing and grading associated with construction of unpaved hiking trails.
F.
General standards where site plan review or a special permit is required. Within the SPO District, site plan approval may only be granted if, with appropriate conditions attached, the proposed activity:
(2)
Will minimize the removal of native vegetation, and avoid such removal if it would permit any structure to become visible from publicly accessible places. This shall not prevent trimming or removal of vegetation, either to open up small "keyhole views" from private property or to protect public visibility of scenic views and panoramas from publicly accessible places.
(3)
Will locate and cluster buildings and other structures in a manner that minimizes their visibility from publicly accessible places.
G.
Landscape requirements where site plan review or a special permit is required.
(1)
A continuous green buffer, consisting of existing vegetation or new landscaping, at least 100 feet deep along Routes 9 and 9D and the Hudson River, and at least 50 feet deep along the other scenic roads, shall be maintained, except where the land is not visible from the scenic road or river. This buffer shall consist of trees and shrubs, as well as fields, meadows, and lawns. Invasive species shall not be planted and native species are preferred as provided in the list of designated native species approved by the Town Board. Bike paths and/or sidewalks may be constructed within this landscaped buffer. This buffer requirement shall not apply in the immediate area around existing residences located within the buffer area. This buffer requirement may be modified by the Planning Board in the course of site plan review where the Planning Board determines that it is unnecessary, does not serve the purposes of this section, or would be impractical to implement.
(2)
Shade trees shall be provided within 25 feet of the right-of-way at intervals averaging every 50 feet. An applicant for site plan or special permit approval shall not be required to plant more than one shade tree per 1,000 square feet of floor area proposed to be developed on the parcel.
(3)
To the maximum extent practicable, existing noninvasive trees, lawns, and shrubs shall be preserved, unless they are proposed to be replaced by native trees or other noninvasive vegetation deemed appropriate by the Planning Board.
(4)
Trees and shrubs shall be planted as deemed necessary by the Planning Board to reduce visibility of new structures from public roads or trails.
(5)
Existing stone walls and historic mileposts lying within 100 feet of a road right-of-way shall be preserved, except that portions of stone walls may be removed where necessary for driveway entrances, provided that the portions of such walls adjoining the sections removed are reconstructed in a manner consistent with the historic character of the existing stone wall.
(6)
The Route 9D Scenic Byway Corridor Management Plan (2006) shall be consulted for guidance in compliance with the requirements in this subsection as applicable to Route 9D.
H.
Architecture where site plan review or a special permit is required.
(1)
Existing structures with historic or architectural significance, as determined by any historic or architectural survey approved by the Town Board or by the eligibility criteria for listing on the National or State Register of Historic Places, shall be retained to the extent practicable. Alterations to such structures shall be compatible with the architecture of the existing structure. New structures shall be compatible with the historic structures in their vicinity.
I.
Fences where site plan review or a special permit is required.
(1)
Stockade or other fence designs that block visual access to land in a scenic road corridor shall be prohibited, unless such fences are necessary to screen a preexisting use that does not conform to the requirements of this section.
(2)
Fences that are likely to inhibit the passage of wildlife, as determined by the Natural Resources Review Officer, shall be limited to those that enclose, in the aggregate, no more than the larger of 40,000 square feet or 30% of the area of any lot. However, the total area enclosed by such fencing on any parcel shall not exceed 10 acres.
(3)
The Natural Resources Review Officer may allow exceptions to the requirements of Subsection I(2) above based upon the site-specific impacts on wildlife, including consideration of the maintenance and improvement of wildlife corridors.
(4)
The restrictions in this Subsection I shall not apply to a farm operation growing crops or raising livestock for commercial sale or to not-for-profit organizations that manage wildlife preserves, demonstration farms, or gardens where the intrusion of wildlife would interfere with the fulfillment of the organization's objectives.
§ 175-16 Aquifer Overlay District (AQO).
A.
Legislative findings, intent, and purpose. The purpose of the Aquifer Overlay (AQO) District is to protect the health and welfare of residents of the Town of Philipstown by minimizing the potential for contamination and depletion of the Town's aquifer system. The Town of Philipstown contains an aquifer system that covers the entire Town and, for purposes of this section, has been divided into two areas described in Subsection B. This aquifer system provides drinking water to private wells as well as groundwater and surface water that is essential to the maintenance of healthy aquatic and terrestrial ecosystems. The Town has determined that a limiting factor on the carrying capacity of the land is its capability to provide water in sufficient quality and quantity so that water use by some users does not adversely affect other users. Another limiting factor on the carrying capacity of the land is its ability to absorb wastewater without adversely affecting the quality or quantity of groundwater and surface water necessary for water supplies and other needs of the natural and human environment. The purposes of this § 175-16 are to protect public health and safety by safeguarding the Town's groundwater aquifer system, to provide the most protective standards to those areas of the aquifer at greatest risk of contamination, and to manage development so that groundwater supplies are not depleted or degraded.
B.
Delineation, effect, and applicability of district.
(1)
The Aquifer Overlay (AQO) District encompasses the entire Town of Philipstown and is divided into two subdistricts to protect different types of aquifer conditions, as follows:
(a)
The Clove Creek Aquifer (CCA) Subdistrict, which is extensively developed and fully dependent on groundwater as a source of water supply; and
(b)
The Regional Aquifer (RA) Subdistrict, which covers the remainder of the Town. Within the RA Subdistrict, most areas depend upon groundwater as the primary source of potable water supply.
(2)
The CCA and RA Subdistricts are delineated on the Aquifer Overlay District Map adopted as part of this chapter.[1] These subdistricts may subsequently be divided by zoning amendment into additional protective areas. These may include Buffered Clove Creek Aquifer (BCCA) Subdistricts, which will cover any areas within the CCA which may be served by a significant public water supply in the future, and Regional Aquifer Wellhead Protection (RAWP) Subdistricts which will provide wellhead protection for community water system wellfields that may be developed within the RA Subdistrict. The BCCA and RAWP Subdistrict categories have been established in this section for possible future mapping in the event that circumstances require.
[1]
Editor's Note: Said map is included as an attachment to this chapter.
(3)
The official AQO District Map is located at the Town offices with the other official Zoning Maps. A reduction of this map is attached to this chapter for reference purposes only.[2] Aquifer Overlay (AQO) District Map amendments must be reviewed and approved by a hydrogeologist working for the Town prior to adoption by the Town Board.
[2]
Editor's Note: Said map is included as an attachment to this chapter.
(4)
The official AQO District Map shall be used to determine the boundaries of subdistricts within the AQO District. In case of a question or dispute as to the exact location of a boundary on a specific parcel of land, the Town may retain a qualified hydrogeologist at an applicant's expense to make such a determination in the field based upon the criteria in this § 175-16. An applicant may challenge the Town's determination by retaining a qualified hydrogeologist to make such determination independently based upon these criteria. In the event of such a challenge, the Town's hydrogeologist shall review the report of the applicant's hydrogeologist at the applicant's expense and shall make the final determination as to the location of the specific boundary. Any such boundary delineation shall not, by itself, effect a change in the AQO District Map. The AQO District Map may only be changed by action of the Town Board as provided in § 175-16H.
(5)
Within the AQO District, all of the underlying land use district rules shall remain in effect except as specifically modified by this § 175-16. In case of a conflict between this § 175-16 and the underlying use regulations, the more restrictive shall control. Nothing in this § 175-16 shall be construed to allow uses that are not permitted by the underlying land use district.
(6)
With the exception of the prohibition on underground fuel tanks in § 175-16E(1), this § 175-16 does not apply to any single-family, two-family, or multifamily residential use of land on a single lot containing five or fewer dwelling units, to any residential subdivision creating four or fewer new lots, or to any home occupation unless such residential use or home occupation includes one of the activities listed in Subsection E below. This section does apply to all other subdivisions of land.
C. ACTION AQUIFER AQUIFER OVERLAY (AQO) DISTRICT MAP BUFFERED CLOVE CREEK AQUIFER (BCCA) SUBDISTRICT CLOVE CREEK AQUIFER (CCA) SUBDISTRICT COMMUNITY WATER SYSTEM CONDITIONALLY EXEMPT SMALL QUANTITY GENERATORS CONSUMPTION OF WATER DISCHARGE GENERATOR OF HAZARDOUS WASTE GROUNDWATER HAZARDOUS SUBSTANCE HAZARDOUS WASTE HERBICIDE LARGE QUANTITY GENERATOR MAJOR OIL STORAGE FACILITIES NATURAL RECHARGE NONPOINT DISCHARGE PESTICIDE PETROLEUM POINT SOURCE DISCHARGE POLLUTANT RADIOACTIVE MATERIAL REGIONAL AQUIFER (RA) SUBDISTRICT REGIONAL AQUIFER WELLHEAD PROTECTION (RAWP) SUBDISTRICT SMALL QUANTITY GENERATOR SOLID WASTE STATE POLLUTANT DISCHARGE ELIMINATION SYSTEM (SPDES) WASTEWATER WATER SUPPLY WATERSHED WELL
Definitions. For purposes of this § 175-16, the following definitions shall apply:
A project or physical activity as defined in the SEQR regulations of the NYS Department of Environmental Conservation, 6 NYCRR Part 617, including all actions subject to SEQR that are covered by this chapter, as well as subdivision applications and other actions requiring local government approval under SEQR.
A consolidated or unconsolidated geologic formation, group of formations or part of a formation capable of yielding a significant or economically useful amount of groundwater to wells, springs or infiltration galleries.
The Town's overlay map showing Aquifer Overlay District subdistricts.[3]
Areas which may be delineated in the future as Buffered Clove Creek Aquifer (BCCA) Subdistrict on the Aquifer Overlay AQO District Map. As defined or approved by a hydrogeologist working for the Town, the BCCA consists of areas within the Clove Creek Aquifer CCA served by community water systems, where the sources of water supply for the community water system and for any other wells would not be substantially threatened by a contaminant release occurring within the BCCA. No portion of the BCCA may lie in a location that is hydrogeologically upgradient of any wells, including wells used by the community water system.
The area delineated as the Clove Creek Aquifer (CCA) Subdistrict on the Aquifer Overlay AQO District Map.
A public water system regulated by the New York State Department of Health that serves at least five service connections used by year-round residents or regularly serves at least 25 year-round residents.
As defined by the Resource Conservation and Recovery Act and amendments thereto, sites which generate less than 100 kilograms per month of listed and/or characteristic wastes, which store less than 1,000 kilograms of listed and/or characteristic wastes, and which generate less than one kilogram per month of acutely hazardous waste and store less than one kilogram of acutely hazardous waste.
The net loss of water from a watershed through evaporation and transpiration processes caused by any human activities and associated land uses, including evaporative losses from septic system leaching lines. The definition of "consumption of water" includes the use of water in diluting wastewater discharges so that groundwater quality at the property line downgradient from the discharge will be 50% or less of the New York State Department of Environmental Conservation's Title 10, Part 703, groundwater (GA) water standards, i.e., the DEC's groundwater contamination standards.
Any intentional or unintentional action or omission resulting in substances or materials entering the waters of the state either directly or by passing through other land, or in any other way resulting in damage to the lands, waters, or natural resources of the state.
Any person or site whose act or process produces hazardous waste.
Water contained in interconnected pores and fractures in the saturated zone in an aquifer.
Any substance, including any petroleum by-product, which may cause harm to humans or the environment when improperly managed. A complete list of all hazardous substances except for petroleum by-products can be found in 6 NYCRR Part 597.2(b), Tables 1 and 2, and amendments thereto.
See 6 NYCRR Part 371 and amendments thereto for the identification and listing of hazardous wastes.
Any substance or mixture of substances intended to prevent, destroy, repel, or mitigate any weed, including those substances defined as herbicides pursuant to Environmental Conservation Law § 33-0101, and amendments thereto.
As defined by the Resource Conservation and Recovery Act and amendments thereto, sites either: 1) generating more than 1,000 kilograms per month of listed and/or characteristic hazardous wastes; or 2) generating or storing more than one kilogram per month of acutely hazardous waste.
Facilities with a storage capacity of 400,000 gallons or more of petroleum.
The normal rate at which precipitation replenishes groundwater, without interruption or augmentation by human intervention.
Discharges of pollutants not subject to SPDES (State Pollutant Discharge Elimination System) permit requirements.
Any substance or mixture of substances intended to prevent, destroy, repel, or mitigate any pest, including any substances defined as pesticides pursuant to Environmental Conservation Law § 33-0101 et seq. and amendments thereto.
Oil or petroleum of any kind and in any form including but not limited to oil, petroleum fuel oil, oil sludge, oil refuse, oil mixed with other waste, crude oil, gasoline, and kerosene, as defined in 6 NYCRR Part 597.1(7) and amendments thereto.
Pollutants discharged from a point source as defined in Environmental Conservation Law § 17-0105 and amendments thereto.
Any material or by-product determined or suspected to be hazardous to human health or the environment.
Any material that emits radiation.
The area delineated as the Regional Aquifer (RA) Subdistrict on the AQO District Map.[4] As defined or approved by a hydrogeologist working for the Town, the RA Subdistrict consists of all areas on the AQO District Map not included in the CCA, BCCA, or RAWP Subdistricts.
Areas to be delineated in the future as a Regional Aquifer Wellhead Protection (RAWP) Subdistrict on the AQO District Map.[5] As defined or approved by a hydrogeologist working for the Town, RAWP areas will consist of wellhead protection areas for community water system wells not located within the CCA Subdistrict. At a minimum, wellhead protection areas enclose all lands situated within 60 days' travel time (seepage velocity) from the community water system's wells, and enclose sufficient land that average annual natural recharge in the RAWP area matches the average water demand of the community water system.
As defined by the Resource Conservation and Recovery Act and amendments thereto, sites that do not qualify as conditionally exempt small quantity generators and that generate less than 1,000 kilograms per month of listed and/or characteristic wastes and store less than 6,000 kilograms of listed and/or characteristic wastes, and that generate or store less than one kilogram per month of acutely hazardous waste.
Generally refers to all putrescible and nonputrescible materials or substances, except domestic sewage, sewage treated through a publicly owned treatment works, or irrigation return flows, that is discarded or rejected as being spent or otherwise worthless, including but not limited to garbage, refuse, industrial and commercial waste, sludges from air or water treatment facilities, rubbish, tires, ashes, contained gaseous material, incinerator residue, construction and demolition debris, and discarded automobiles, as defined in 6 NYCRR Part 360-1.2(a) and amendments thereto.
The system established pursuant to Article 17, Title 8, of Environmental Conservation Law for issuance of permits authorizing discharges to the waters of the State of New York.
Aqueous-carried solid or hazardous waste.
The groundwater resources of the Town of Philipstown, or the groundwater resources used for a particular well or community water system.
That land area that includes the entire drainage area contributing water to the Town water supply and which includes the Aquifer Protection Overlay District.
Any present or future artificial excavation used as a source of public or private water supply which derives water from the interstices of the rocks or soils which it penetrates including bored wells, drilled wells, driven wells, infiltration galleries, and trenches with perforated piping, but excluding ditches or tunnels, used to convey groundwater to the surface.
[3]
Editor's Note: Said map is included as an attachment to this chapter.
[4]
Editor's Note: The AQO District Map is included as an attachment to this chapter.
[5]
Editor's Note: The AQO District Map is included as an attachment to this chapter.
D.
General provisions of the Aquifer Overlay District applicable in all subdistricts.
(1)
Nondegradation standard. No use shall degrade the quality of the groundwater in a manner that poses a potential danger to public health or safety, and no permits or approvals shall be issued for any use which violates this standard. Compliance with applicable standards, requirements, and permit conditions imposed by federal, state, or county agencies shall be deemed to constitute compliance with this standard.
(2)
The manufacture, use, storage, or discharge of any products, materials or by-products subject to these regulations, such as wastewater, solid waste, hazardous substances, or any pollutant, must conform to the requirements of these regulations.
(4)
In addition to the list of statewide Type I actions contained in § 617.4(b) of 6 NYCRR, all proposed actions resulting in discharges exceeding standards provided in 6 NYCRR Part 703.6(e) and amendments thereto (groundwater contamination standards), and all proposed actions where water consumption exceeds natural recharge, as defined in Subsections F and G herein, shall be designated as Type I actions under the implementing regulations of the State Environmental Quality Review Act (6 NYCRR Part 617), unless the action is listed as a Type II action under such regulations.
E.
Prohibitions, restrictions, and permit requirements in the Aquifer Overlay District. In accordance with Article IX of this chapter, Special Permits and Site Plan Review, the Planning Board shall review and act upon special permit applications within the AQO District. If the uses listed below are regulated by any state or federal agency, the definitions and regulations of such uses contained in applicable state or federal laws and regulations shall apply.
(1)
Prohibited uses throughout the Town:
(a)
Installation of an underground fuel tank or tanks, whose combined capacity is less than 1,100 gallons. This applies to all uses throughout the Town, including single-family, two-family, and multifamily dwellings.
(b)
Land application of septage, sludge, or human excreta, including land application facilities defined in 6 NYCRR Part 360-4. This prohibition shall not apply to land application of treated wastewater for irrigation when duly approved by county, state, or federal agencies with regulatory jurisdiction.
(c)
Junkyards and junk car lots.
(2)
Prohibited uses within the CCA and RAWP Subdistricts only:
(3)
Special permits within the Clove Creek Aquifer (CCA) and Regional Aquifer Wellhead Protection (RAWP) Subdistricts. The following uses, if permitted in the underlying land use district, shall require the issuance of a special permit within the CCA and the RAWP Subdistricts:
(a)
Photo labs;
(b)
Auto repair facilities and truck terminals, including engine repair and machine shops.
(c)
Furniture stripper/painter, metal works, wood preservers.
(d)
Printers and the use of printing presses.
(e)
Small quantity generators and conditionally exempt small quantity generators.
(f)
Solid waste management facilities not involving burial, including incinerators, composting facilities, liquid storage, regulated medical waste, transfer stations, recyclables handling and recovery facilities, waste tire storage facilities, used oil, C&D processing facilities, each as defined in 6 NYCRR Part 360.
(g)
Salt storage facilities.
(i)
Cemeteries, including pet cemeteries.
(j)
Veterinary hospitals and offices.
(k)
Funeral parlors.
(4)
Special conditions for proposed uses within the CCA and RAWP Subdistricts requiring a special permit:
(a)
Storage of chloride salts is prohibited except in structures designed to minimize contact with precipitation and constructed on low-permeability pads designed to control seepage and runoff.
(b)
Generators of hazardous waste shall provide the Town with copies of all applicable permits provided by state and/or federal regulators and copies of all annual, incident, and remediation-related reports.
(c)
Any projects where consumption of water exceeds natural recharge, as defined in Subsections F and G herein, shall demonstrate through SEQRA how such impact will be mitigated. Mitigation measures may include identifying compensatory recharge to permanently prevent adverse impacts to water supply on adjoining and downgradient land. Such compensatory recharge may be located either upgradient or downgradient of the project. Where the project is located adjacent to a wetland, watercourse, parkland, or other land that is permanently protected from development, the recharge or dilution capacity of such adjacent protected land may be counted toward the required mitigation of the impact of the project, provided that such recharge capacity is not claimed in connection with another project.
(5)
Special permits within the RA and BCCA Subdistricts. The following uses, if permitted in the underlying land use district, shall require the issuance of a special permit within the RA and BCCA:
(a)
Gasoline service stations.
(b)
Major oil storage facilities.
(c)
Salt storage facilities.
(d)
Small quantity generators and conditionally exempt small quantity generators.
(e)
Large quantity generators.
(g)
Cemeteries, including pet cemeteries.
(h)
Veterinary hospitals and offices.
(i)
Funeral parlors.
(6)
Special conditions for proposed uses within the BCCA areas and the RA Subdistricts requiring a special permit:
(a)
Gasoline service station operators shall provide the Town with copies of all applicable permits provided by state and/or federal regulators and copies of all annual, incident, and remediation-related reports.
(b)
Junkyard operators shall drain fuels, lubricants, and coolants from all cars stored on site to properly permitted aboveground holding tanks, provide to the Town copies of all applicable permits provided by state and/or federal regulators and copies of all annual and incident reports, provide the Town with an annual summary of numbers of vehicles on site and total gallons of various classes of fluids drained from vehicles and disposal manifests or other documentation of disposition of such fluids.
(c)
Storage of chloride salts, coal, and/or cinders is prohibited except in structures designed to minimize contact with precipitation and constructed on low-permeability pads designed to control seepage and runoff.
(d)
Generators of hazardous waste shall provide the Town with copies of all applicable permits provided by state and federal regulators and copies of all annual, incident, and remediation-related reports.
(e)
Within the RA Subdistrict, any projects allowed hereunder where consumption of water exceeds natural recharge, as defined in Subsections F and G herein, shall demonstrate through SEQRA how such impact will be mitigated. Mitigation measures may include identifying compensatory recharge to permanently prevent adverse impacts to water supply on adjoining and downgradient land. Such compensatory recharge may be located either upgradient or downgradient of the project. Where the project is located adjacent to a wetland, watercourse, parkland, or other land that is permanently protected from development, the recharge or dilution capacity of such adjacent protected land may be counted toward the required mitigation of the impact of the project, provided that such recharge capacity is not claimed in connection with another project.
(7)
Application requirements for special permits. In addition to the special permit application requirements set forth in Article IX, applicants proposing actions listed in Subsections E(3) and (5) above shall identify the following as part of their applications:
(a)
The source of water to be used.
(b)
The quantity of water required.
(c)
Water use minimization measures to be implemented.
(d)
Water recycling measures to be implemented.
(e)
Wastewater discharge measures.
(f)
Grading and/or stormwater control measures to enhance on-site recharge of surface water;
(g)
Point source or nonpoint discharges;
(h)
A complete list of any hazardous substances to be used on site along with quantity to be used and stored on site; and
(i)
A description of hazardous substance storage or handling facilities and procedures.
F.
Determination of a parcel's natural recharge. The natural recharge rate for a parcel shall be determined by identifying the soil types on the property, classifying them by hydrologic soil groups (A through D, A/D and C/D), and applying a recharge rate of 20.2 inches/year for A and A/D soils, 14.7 inches/year for B soils, 7.6 inches/year for C and C/D soils, and 4.2 inches/year for D soils, and multiplying the recharge rate(s) by the number of acres in the parcel for each soil group.
G.
Consumption of water. The following table establishes the method to calculate projected consumption of water, as defined in § 175-16C:
Use | Gallons Per Day | Multiplied by Dilution Factor | Consumption/ Day |
|---|---|---|---|
Irrigated lands (nonagricultural) | Irrigated acres x 4,000(1) | x 1 | = ______ |
Uses with surface water discharge | Site activity use x 0.2 | x 1 | = ______ |
Residential uses with subsurface water discharge(2) | 70 gpd/capita | x 6 | = ______ |
Nonresidential uses with subsurface water discharge(2) | Daily use | x 6 | = ______ |
NOTES: | |
|---|---|
(1) | Applicable for vegetation requiring one inch/week irrigation. May be adjusted for vegetation with other water requirements. |
(2) | Calculate use per NYSDEC intermediate wastewater disposal guide. Discharge must not exceed NYSDEC Title 10, Part 703, effluent limits. |
H.
Map changes.
(1)
The Aquifer Overlay District Map[6] may be modified by the Town Board to reflect changed circumstances, such as the installation of a community water system or a public water supply well, or to take account of new or more accurate geological or hydrological information, provided that the Town's hydrogeologist reviews and approves any map modification.
[6]
Editor's Note: The Aquifer Overlay District Map is included as an attachment to this chapter.
I.
Reporting of discharges. Any person or organization responsible for any discharge of a hazardous substance, solid waste, hazardous waste, petroleum product, or radioactive material shall notify the Town Clerk of such discharge within 24 hours of the time of discovery of the discharge. This notification does not alter other applicable reporting requirements under existing law and applies to all uses, whether conforming or nonconforming in any respect.
§ 175-17 Soil Mining Overlay District (SMO).
Mining activities, as defined in § 175-74, shall be permitted only in the Soil Mining Overlay District. Other types of excavation, grading, or removal of earth, loam, topsoil, sand, gravel, clay or stone, if permitted in the district, shall be conducted only in accordance with the provisions of § 175-34 and, if applicable, the provisions of Chapters 90, 93 and 112 of the Philipstown Town Code.
A.
Mining permits. Mining activities require a special permit and are allowed solely in the Soil Mining Overlay District. For mining activities, the New York State Mined Land Reclamation Law (MLRL) establishes that the NYSDEC is responsible for the regulation and permitting of mining activities and reclamation of same for operations that extract 1,000 tons, or 750 cubic yards or more, of a mineral during 12 successive calendar months. State regulation begins at 100 cubic yards for mining from a water body. The NYSDEC is the entity responsible for administering a MLRL permit for mining applications of this magnitude. A mining activity, regardless of whether the operation is regulated by NYSDEC, requires a special permit and site plan approval by the Philipstown Zoning Board of Appeals.
B.
The Zoning Board of Appeals is hereby authorized to review and consider applications for special permits for mining permits pursuant to this section. In addition to the standards set forth in § 175-17.2D below, the Zoning Board of Appeals shall apply the standards and procedures set forth in Article IX in determining whether to issue a special permit pursuant to this section.
C.
The following requirements are applicable to special permit and site plan submissions for mining activities in the Soil Mining Overlay District that require a MLRL permit:
(1)
If the mining activity is subject to a NYSDEC MLRL permit, the applicant for such permit shall simultaneously apply to both the NYSDEC and the Town Zoning Board of Appeals, and shall provide the Town Zoning Board of Appeals with simultaneous copies of any subsequent submissions to the NYSDEC. The Zoning Board of Appeals shall advise the NYSDEC on the following issues:
(a)
Whether mining activity is permitted in the location indicated on the MLRL permit application;
(b)
The appropriate setbacks from roads and property boundaries;
(c)
The location and design of barriers to restrict access to the mine;
(d)
Dust control measures;
(e)
Hours of operation; and
(f)
Any other issue as may be referenced in and appropriate under the MLRL.
(2)
Upon the receipt of a complete special permit and site plan application, including all materials submitted to the NYSDEC required for a complete MLRL permit application, the Zoning Board of Appeals will schedule and hold a public hearing on the application for special permit and site plan application. The public hearing shall remain open until the NYSDEC concludes its SEQR review of the MLRL permit application.
(3)
Within 62 days following the Zoning Board of Appeals' receipt of the NYSDEC's SEQR negative declaration or SEQR findings statement, the Zoning Board of Appeals shall close the public hearing and take action on the application for a special permit and site plan approval. The site plan/mined reclamation plan approved by the NYSDEC shall constitute the site plan to be approved by the Zoning Board of Appeals.
(4)
If a special permit is granted by the Zoning Board of Appeals, the term for such special permit shall be coterminous with the NYSDEC MLRL permit. Any application for renewal or modification of the NYSDEC MLRL permit must be submitted simultaneously to the Town Zoning Board of Appeals.
(5)
An application shall be submitted to the Zoning Administrative Officer for a certificate of occupancy under this chapter and an inspection fee paid to the Town as determined under Article VIII. The Zoning Administrative Officer shall issue the certificate of occupancy upon special permit and site plan approval by the Zoning Board of Appeals. Said certificate shall confirm that the mining activity is a permitted use under the regulations of this chapter, if such officer finds that the NYSDEC-approved operation is consistent with the determination of a permitted use.
(6)
Any mining activity that obtains a MLRL permit and site plan approval by the Zoning Board of Appeals is subject to inspections and other requirements set forth in § 175-17.4.
(7)
If the mining activity is not subject to a NYSDEC MLRL permit, the applicant shall make application for a local mining permit, as specified in § 175-17.2, in order to undertake the mining activity. Issuance of a local mining permit shall require special permit and site plan approval by the Philipstown Zoning Board of Appeals.
§ 175-17.1 Criteria for approval of site plan subject to local mining permit.
In determining whether to approve a site plan subject to a local mining permit, the Zoning Board of Appeals shall be guided by the following criteria:
A.
That the location, character and scope of the mining activity, and the access and any buildings, structures, facilities or processing equipment, will reasonably safeguard the character of the neighborhood and surrounding property values, will not hinder or discourage the appropriate development and use of adjacent property and, when completed, will conform to the appropriate and orderly development of the Town and neighborhood.
B.
That the tract on which the mining activity is to be conducted is of sufficient size and adequate dimension to permit conduct of the operation in a manner that will not be detrimental to the neighborhood or adjacent property.
C.
That reasonable provision will be made for screening the mining activity from view from adjacent streets and property, and that buffer transition areas will be provided to protect adjacent properties.
D.
That the streets serving the proposed mining activity are adequate to carry prospective traffic, that provision will be made for entering and leaving the tract in such a manner that no undue hazard to traffic or undue traffic congestion is created and that adequate off-street parking and loading facilities will be provided for conduct of the operation.
E.
That the mining activity, when in process and when completed, will not result in creation of sharp declivities, pits or depressions, soil erosion, sedimentation or fertility problems or drainage, sewerage or groundwater problems which would impair the reasonable reuse and development of the tract in accordance with this chapter and that the operation is consistent with the Town of Philipstown Comprehensive Plan.
F.
That, if the mining activity is located in the coastal boundary area as delineated on the Master Plan — Town of Philipstown, the character, screening and site restoration of the operation are consistent with the coastal boundary area policies of the plan.
G.
That the proposed mining activity, any buildings, structures, facilities or processing equipment and hours of operation will make provision for control of dust and lighting and otherwise will not be detrimental to the public health, safety and general welfare of the neighborhood and the community.
§ 175-17.2 Regulations applicable to Soil Mining Overlay District.
A.
Mining activities are a special permit use in the Soil Mining Overlay District only. If the mining activity is subject to a MLRL permit, the procedures set forth in § 175-17 shall apply. If the mining activity is not subject to a NYSDEC MLRL permit, the applicant proposing the mining activity shall submit an application for a special permit and site plan approval for a local mining permit to the Zoning Administrative Officer, together with an application for a certificate of occupancy, which applications shall be accompanied by an application fee, as determined in accordance with Article VIII, and 10 copies of the following information:
(1)
The name, address and telephone number of the owner of the tract, parcel or lot and the proposed operator or person to be responsible for administration of the operation.
(2)
A completed environmental assessment form, long form, and other materials intended to assist the Zoning Board of Appeals in making a determination of significance pursuant to the State Environmental Quality Review Act under Article 8 of the Environmental Conservation Law and its implementing regulations.
(3)
Maps and plans, prepared by and bearing the seal of a land surveyor or engineer licensed to practice in the State of New York, showing the following:
(a)
The location of the tract and all streets and Tax Map parcels within 500 feet of the tract, the name and address of the owner of each parcel as shown on current Tax Assessor's records, the current use of each parcel and the location of existing zoning district boundaries and district codes.
(b)
The location and limits of the area on the tract to be subject to the mining activity and any lines delimiting areas not to be disturbed.
(c)
Existing contour lines that are on the tract within and within 500 feet of the area to be subject to the soil extraction operation, and proposed contour lines resulting from the intended soil extraction operation, drawn to a scale of not less than 100 feet equals one inch and with a contour interval not to exceed two feet.
(d)
Existing and proposed drainage on the tract within and within 500 feet of the area to be subject to the soil extraction operation, the principal measures proposed for soil erosion and sediment control and water pollution control and elements of a reclamation plan for the area of the tract to be subject to the mining activity.
(e)
Existing wetlands and watercourses on the tract within and within 500 feet of the area to be subject to the soil extraction operation and within 200 feet of the tract.
(f)
Proposed truck access to the tract, including roadway and access improvements proposed.
(g)
The location of wooded areas, existing buildings and structures and the location of any proposed buildings and structures on the tract within and within 500 feet of the area to be subject to the soil extraction operation.
(h)
Any proposed temporary or permanent screening of the soil extraction operation, such as by berms, fences and landscaping.
(4)
Ten copies of a report addressing the following and such additional information deemed appropriate by the Zoning Board of Appeals:
(a)
An evaluation of the proposed mining activity relative to surrounding land uses, including an evaluation of potential environmental impacts, including but not limited to noise, dust, and visual impacts on surrounding land uses.
(b)
The duration of the operation through to site restoration, proposed hours and days of operation and the program for staging the site preparation, excavation and restoration in time and geographic sections.
(c)
The program of measures to be undertaken for control of noise, dust, soil erosion and sedimentation, water pollution, and the mitigation of visual impacts, including outdoor illumination, and elements of a reclamation plan for the area of the tract to be subject to the mining activity.
(d)
An estimate of the number of vehicles expected to enter and exit the tract on a daily basis and at peak hours, and description of any roadway capacity and safety improvement proposed on the streets giving access to the tract.
(e)
Description of the nature and capacity of any processing equipment proposed to be established on the tract.
B.
The Zoning Board of Appeals shall process the application for special permit and site plan approval for a local mining permit application in accordance with the procedures set forth in Article IX.
C.
The Zoning Board of Appeals shall comply with the provisions of the New York State Environmental Quality Review Act and its implementing regulations.
D.
Standards and conditions. The Zoning Board of Appeals may approve the application for special use permit and site plan and issue a local mining permit under this article for a limited period of time not exceeding five years, if it shall find that the mining activities conform to the following standards and conditions:
(1)
That the mining activity conforms to the information, report, maps and plans approved by the Zoning Board of Appeals.
(2)
That the tract will be excavated and graded within the limits shown on the approved plans and in conformity with the proposed contour plan as approved.
(3)
That measures for noise, visual, soil erosion and sediment control will be installed, maintained and completed in accordance with NYSDEC best management practices.
(4)
That slopes will not exceed one foot of rise for two feet of horizontal distance or such lesser slope that the Board may specify as necessary for the public health and safety, soil stability or for the reasonable use of the property after completion of the operation.
(5)
There will be no excavation or grading or removal within 50 feet of any property or street line, except excavation or removal that would result in finished grades at or above the elevation of the adjoining street or property.
(6)
That after excavation or grading or removal the lot will be cleared of all debris within the period for which the soil extraction permit is granted.
(7)
Except in the location of wetlands and watercourses and exposed ledge rock, that the top layer of arable soil for a depth of four inches will be set aside and retained on the lot and will be respread over the excavated or graded area as the work progresses, that a suitable ground cover will be planted and grown to an erosion-resistant condition upon the completion of the excavation or removal in accordance with the approved contour lines and that such work be completed within the period for which the local mining permit is granted.
(8)
If required by the Zoning Board of Appeals, that the area to be excavated or a portion thereof be enclosed within a fence of such type, height, and location as the Board approves.
(9)
The establishment of a schedule setting forth the following:
(10)
The submission by the applicant of periodic reports, prepared by and bearing the seal of an engineer, showing the status and progress of the mining activity.
§ 175-17.3 Existing operations, adjustment of standards and conditions for mining activities.
A.
Mining activities authorized by special use permit prior to the effective date of this article and under which work has lawfully begun may be continued to completion in accordance with the maps, plans, standards, conditions and time limits of the approved special use permit. The Town Board may approve an application and issue a mining permit for continuation or extension of an existing lawful mining activity under the procedures of § 175-17.2 and may adjust the standards and conditions of § 175-17.2 to alleviate practical difficulties while maintaining the purpose and intent of this article.
B.
Upon written request, the Town Board may grant extensions of the five-year limitation for periods of not more than two years for each extension.
§ 175-17.4 Inspection fee, bond and forms for mining activities.
A.
At the time of issuance of a certificate of occupancy for a mining activity approved under this article, the applicant shall pay an inspection fee as determined under Article VIII.
B.
At the time of issuance of a certificate of occupancy for a mining activity approved under this article, the applicant shall file with the Town Board a completion bond, in form and with surety acceptable to the Town Board and in an amount set by the Town Board after consideration of any recommendations by the Zoning Board of Appeals, to guarantee completion of the excavation, grading or removal of material as approved and the restoration of the property as required by this article. A copy of the maps and plans and program of operations approved by the Town Board and any conditions of approval shall be part of the bond. Before release of the bond, the Town Board may request a report from the Zoning Board of Appeals concerning compliance with the requirements of this article. The Town Board, in establishing the amount of the bond for the mining activity, shall require a cash bond to guarantee installation, maintenance and completion of measures for soil erosion and sediment control.
C.
The Town Board may adopt forms for use in connection with this article and may amend same by resolution from time to time.
§ 175-18 Open Space Conservation Overlay District (OSO).
A.
Findings and purpose. Special protection of large tracts of land identified as important for conservation by the Town's Open Space Index is necessary to preserve the Town's natural resources and attractive rural quality. The purpose of this section is to afford special protection to such tracts by reducing potential development and ensuring that the important resource values of these areas are preserved.
B.
Boundaries. The OSO District includes all land shown on the Resource Protection Overlay Districts Zoning Map[1] as part of the OSO District. The OSO District shall include land shown in the Open Space Index that is located on parcels of 30 acres or more, as such parcels existed on January 1, 2010. The OSO District shall consist of only the land shown on the index, which may be a portion of a larger tract. Only that portion of a tract which has been mapped on the Open Space Index shall be included in the district. Any land not mapped by the Town Board as part of the OSO District shall not be part of the district, and the map shall take priority over any conflicting language in this subsection. Land lying within a SR, OC, HC, M, HM, or HR District shall be excluded from the OSO District.
[1]
Editor's Note: Said map is included as an attachment to this chapter.
C.
Regulatory effect on land uses. Within the OSO District, all of the underlying land use district regulations remain in effect, except that:
E.
Use of Open Space Index. The conservation resource values identified in the Open Space Index shall be preserved to the maximum extent practicable in any development approval.
§ 175-18.1 Mobile Home Overlay District (MHO).
See § 175-44 for regulations that apply to the MHO District.
§ 175-18.2 Upland Drive and Ridge Road Development Districts (UDDD and RRDD).
[Added 11-4-2022 by L.L. No. 2-2021]
A.
Findings and purpose. Large tracts of land along Upland Drive, Cliffside Court, and Ridge Road in the southeastern portion of the Town remain undeveloped for a variety of reasons, including environmental restraints such as steep slopes, lack of municipal roadways, and ownership by government entities. The recent demand for real estate for housing development as well as the County of Putnam's actions in placing a number of such properties up for public sale, has created a likelihood of substantial development of these environmentally sensitive properties. The purpose of this section is to enact additional development regulations to ensure that any development of the said lands is done in a safe and environmentally sound manner.
B.
Boundaries.
(1)
The Upland Drive Development District ("UDDD") shall consist of an area beginning at the westerly point of the intersection of Winston Lane and Upland Drive, continuing then in a northeasterly direction along the northerly side of Upland Drive, encompassing all properties fronting on that side of Upland Drive or having access drives connecting to it, to the intersection with Old Albany Post Road; the UDDD boundary shall then run along the westerly side of Old Albany Post Road to the intersection with the southerly side of Upland Drive; the UDDD boundary shall then continue in a southwesterly direction along the southerly side of Upland Drive, encompassing all properties fronting on that side of Upland Drive or having access drives connecting to it, back to the intersection with Winston Lane; the UDDD boundary shall then run in a straight line back to the point of beginning.
(2)
Additionally, the UDDD shall consist of an area beginning at the southerly point of the intersection of Upland Drive and Cliffside Court, continuing then in a northerly direction along the western side of Cliffside Court, encompassing all properties fronting on that side of Cliffside Court or having access drives connecting to it, to the end of the road; the UDDD boundary shall then run in a southerly direction along the eastern side of Cliffside Court, encompassing all properties fronting on that side of Cliffside Court or having access drives connecting to it, back to the intersection with Upland Drive; the UDDD boundary shall then run in a straight line back to the point of beginning.
(3)
The Ridge Road Development District ("RRDD") shall consist of an area beginning at the westerly point of the intersection of Aqueduct Road and Ridge Road, continuing then in a northerly direction along the westerly side of Ridge Road, encompassing all properties fronting on that side of Ridge Road or having access drives connecting to it, to the end of Ridge Road at the forked intersection with Nova Street and Sky Lane; the RRDD boundary shall then run in a straight line to the easterly side of Ridge Road and then in a southerly direction along the easterly side of Ridge Road back to the intersection with Aqueduct Road; the RRDD boundary shall then run in a straight line back to the point of beginning.
C.
Regulatory effect on land uses. Within the UDDD and RRDD, all of the underlying land use district regulations remain in effect, except that:
(1)
The maximum density (conservation) shall be two acres;
(2)
The minimum lot size shall be two acres;
(3)
The maximum impervious surface coverage shall be 10%;
(4)
The maximum footprint (in square feet) for nonresidential structures shall be 4,000;
(5)
The steep terrain and ridgeline protection regulations of Code § 175-36 shall apply, and in addition, disturbance of slopes of 30% or greater for a purpose other than those listed in Code § 175-36B(1) shall require grant of an area variance from the Zoning Board of Appeals.