Red Hook Town City Zoning Code
ARTICLE VI
Special Permit Uses
§ 143-50 General requirements.
A.
All special permit uses cited in the District Schedule of Use Regulations in Article III of this chapter[1] shall be subject to review and approval by the Planning Board in accordance with the standards and procedures set forth in this article.
[1]
Editor's Note: The schedule has been included at the end of this chapter.
B.
In all cases where this chapter requires such special use permit authorization by the Planning Board, a special use permit application shall be initially submitted to the Zoning Enforcement Officer and referred by the Zoning Enforcement Officer to the Planning Board for its consideration. No building permit or certificate of occupancy shall be issued by the Zoning Enforcement Officer and/or Building Inspector except upon authorization of and in full conformity with plans approved and conditions imposed by the Planning Board.
§ 143-51 General standards.
In authorizing any special permit use, the Planning Board shall take into consideration the public health, safety and general welfare and the comfort and convenience of the public in general and that of the immediate neighborhood in particular. The Planning Board shall also take in strict account the specific conditions set forth in § 143-52 et seq. for certain uses, applicable supplementary regulations stated in Article V of this chapter and the following general objectives for any use requiring authorization by the Planning Board:
A.
The location and size of the use, the nature and intensity of the operations involved, the size of the site in relation to the use and the location of the site with respect to existing and future streets and roads providing access shall be in harmony with the orderly development of the district in which the proposed use would be located.
B.
The location, nature and height of the buildings, walls and fences and the nature and intensity of intended operations will not discourage the appropriate development and use of adjacent land and buildings or impair the value thereof.
C.
All proposed traffic accessways shall be adequate but not excessive in number, adequate in width, grade, alignment and visibility and sufficiently separated from street intersections and places of public assembly and meet similar safety considerations.
D.
Adequate provision for safe and accessible off-street parking and loading spaces shall be provided to prevent the parking in public streets of the vehicles of persons associated with or visiting the use.
E.
All parking and service areas shall be screened at all seasons of the year from the view of adjacent residential lots and streets or roadways, and the general landscaping of the site shall be in character with that generally prevailing in the neighborhood. Such landscaping shall include the preservation of existing trees to the extent practicable.
F.
All proposed buildings, structures, equipment and/or material shall be readily accessible for fire and police protection.
G.
The character and appearance of the proposed use, buildings, structures and/or outdoor signs shall be in general harmony with the character and appearance of the surrounding neighborhood, shall not be more objectionable to nearby properties by reason of noise, fumes, vibration or flashing lights than would the operations of any permitted principal use and shall not adversely affect the general welfare of the inhabitants of the Town of Red Hook.
H.
The use shall meet the prescribed area and bulk requirements for the district in which located or as further specified in the supplementary regulations, including such matters as minimum setback, maximum height, required off-street parking and sign regulations.
I.
The level of services required to support the proposed activity or use is or will be available to meet the needs of the proposed activity or use. This consideration should include the suitability of water supply and sanitary sewage facilities, whether private or publicly provided, to accommodate the intended use.
J.
The use shall be carried out in a manner compatible with its environmental setting and with due consideration to the protection of natural resources.
K.
The Planning Board shall impose additional conditions and safeguards upon the special permit as may be reasonably necessary to assure continual conformance to all applicable standards and requirements, including reasonable assurance that these conditions and safeguards can be responsibly monitored and enforced.
§ 143-52 Specific standards.
§ 143-53 Single-family dwellings (new construction).
[Amended 3-8-2016 by L.L. No. 1-2016]
Single-family dwellings (new construction) shall be allowed by special permit in the Institutional (I) and Waterfront Conservation (WC) Districts, provided that:
A.
The applicant does not own contiguous buildable land area outside the I and WC Districts to which all or some of the permissible number of single-family lots or dwelling units authorized within the I and WC Districts can be transferred in accordance with the conservation subdivision procedure and standards set forth in § 143-33 of this chapter.
B.
Any residential development that does occur in the I and WC Districts is subject to site plan review and approval by the Planning Board in accordance with the procedure established in Article VII of this chapter and adheres to the following guidelines so as to mitigate visual and other environmental effects:
(1)
Minimization of cut and fill activity and the effective vegetative restoration of all disturbed areas.
(2)
Use of building form, materials, colors and textures to blend with the natural environment.
(3)
Respect for natural drainageways, contours and landforms.
(4)
Maximum feasible separation of buildings and other improvements, most particularly including driveways and sanitary sewage disposal systems, from streams, water bodies and other watercourses, including the Hudson River.
(5)
Prohibition of development along and/or projecting above the ridge line and the discouragement of development at other visually prominent locations so that development is as visually inconspicuous as possible.
(6)
Encouragement of natural buffers and other vegetative screening.
§ 143-54 Two-family dwellings (new construction).
Two-family dwellings (new construction) shall be allowed by special permit in the R1 and H Districts, provided that:
A.
Minimum lot area shall be two acres, except that the minimum lot area may be reduced to one acre in the R1 District if the lot is served by municipal water.
B.
Adequate water supply and sewage disposal facilities shall be demonstrated to exist in accordance with the requirements of the Town of Red Hook and the Dutchess County Department of Health.
§ 143-55 Two-family dwellings (conversion).
Two-family dwellings (conversion) shall be allowed by special permit in the LD, RD5, RD3, H and I Districts, provided that:
A.
The two-family dwelling shall occur only through the conversion of a single-family dwelling legally existing on January 1, 1993.
B.
The single-family dwelling is, at the time of conversion, on a single lot with lot area of no less than the minimum specified for the zoning district in Article IV or the District Schedule of Area and Bulk Regulations.[1]
[1]
Editor's Note: The schedule has been included at the end of this chapter.
C.
Adequate water supply and sewage disposal facilities shall be demonstrated to exist in accordance with the requirements of the Town of Red Hook and the Dutchess County Department of Health.
D.
Expansion of the single-family dwelling to accommodate the second dwelling unit shall be limited to a maximum of 500 square feet of gross floor area.
§ 143-56 Multifamily dwellings (new construction) in R1.5 and I Districts.
Multifamily dwellings (new construction) shall be allowed by special permit in the R1.5 and I Districts, provided that:
A.
The density, site design and building configuration requirements otherwise set forth for a residential cluster development in § 143-33 of this chapter shall be strictly applied in determination of the number of permitted dwelling units and in layout of the multifamily dwelling premises, except in the case of multifamily dwelling development on an approved educational campus in the I District, in which instance the density criteria set forth herein in § 143-81B(1) would apply.
B.
Adequate central water supply and common sewage disposal facilities shall be provided in full accordance with the requirements of the Town of Red Hook and the Dutchess County Department of Health.
C.
The maximum number of dwelling units within a multifamily development shall be 40, including one unit which shall be reserved for a resident manager in the case of any multifamily development in excess of 20 dwelling units.
D.
The maximum number of dwelling units within a single structure shall be six.
§ 143-57 Multifamily dwellings (new construction) in R1, HB, and B1 Districts.
[Amended 5-30-2018 by L.L. No. 3-2018]
Multifamily dwellings (new construction) shall be allowed by special permit in R1, HB, and B1 Districts, provided that:
A.
The site design and building configuration requirements otherwise set forth for a residential cluster development in § 143-33 of this chapter shall be strictly applied in the layout of the multifamily dwelling premises.
B.
The number of permitted dwelling units may, at the discretion of the applicant, be based upon either the methodology set forth in said § 143-33 or alternately be established as nine bedrooms per net buildable acre, with the term "net buildable acre" to be construed as excluding any portion of the proposed multifamily site that is designated as freshwater wetlands, under water or subject to periodic flooding.
C.
Adequate central water supply and common sewage disposal facilities shall be provided in full accordance with the requirements of the Town of Red Hook and the Dutchess County Department of Health.
D.
The maximum number of dwelling units within a multifamily development shall be 60, including one unit which shall be reserved for a resident manager in the case of any multifamily development in excess of 20 dwelling units.
E.
The maximum number of dwelling units within a single structure shall be six in the R-1 District and 12 in the HB and B1 Districts.
§ 143-58 Multifamily dwellings (conversion or adaptive reuse) in LD, RD5 and RD3 Districts.
Multifamily dwellings (conversion or adaptive reuse) shall be allowed by special permit in the LD, RD5 and RD3 Districts, provided that:
A.
The multifamily dwelling shall be created only through conversion of a one- or two-family dwelling or the adaptive reuse of a nonresidential structure legally existing on January 1, 1993.
B.
The number of dwelling units permitted on the lot shall not exceed four.
C.
Adequate central water supply and common sewage disposal facilities shall be provided in full accordance with the requirements of the Town of Red Hook and the Dutchess County Department of Health, with sufficient engineering documentation provided to allow the Town and the Department to assess the adequacy of any existing facilities which are proposed for continued and/or expanded use.
D.
Not less than 50% of the land area on any multifamily lot shall be reserved and maintained as usable open space.
E.
Expansion of the existing one- or two-family dwelling to accommodate the additional dwelling units shall be limited to a maximum of 500 square feet of gross floor area.
F.
All applicable requirements of the multiple-residence section of the New York State Uniform Fire Prevention and Building Code shall be strictly met.
§ 143-59 Multifamily dwellings (conversion or adaptive reuse) in the R1.5, R1, HB, and B1 Districts.
[Amended 5-30-2018 by L.L. No. 3-2018]
A.
The multifamily dwelling shall be created only through conversion of a one- or two-family dwelling or the adaptive reuse of a nonresidential structure legally existing on January 1, 1993.
B.
The number of dwelling units permitted on the lot shall not exceed the density otherwise applicable to single-family dwellings within the applicable zoning district in the case of the proposed conversion of an existing single- or two-family dwelling. In order to encourage the adaptive reuse of existing nonresidential structures, the permitted number of dwelling units within a multifamily dwelling created through adaptive reuse shall be based on the density standard of four bedrooms per net buildable acre in the R1.5 District and on the standard of nine bedrooms per net buildable acre in the R1, HB, and B1 Districts.
C.
Adequate central water supply and common sewage disposal facilities shall be provided in full accordance with the requirements of the Town of Red Hook and the Dutchess County Department of Health, with sufficient engineering documentation provided to allow the Town and the Department to assess the adequacy of any existing facilities which are proposed for continued and expanded use.
D.
No individual multifamily structure shall contain more than four residential units in the R1.5 District or six residential units in either the R1, HB or B1 District.
E.
Not less than 50% of the land area on any multifamily lot shall be reserved and maintained as usable open space.
F.
Expansion of the existing one- or two-family dwelling to accommodate the additional dwelling units or expansion of the existing nonresidential structure shall be limited to a maximum of 500 square feet of gross floor area.
G.
All applicable requirements of the multiple-residence section of the New York State Uniform Fire Prevention and Building Code shall be strictly met.
§ 143-60 Mobile home parks.
Mobile home parks in the R1 and B1 Districts shall be allowed by special permit, provided that the following standards to ensure high quality living environments within mobile home parks and to foster visual compatibility between mobile home parks and prevailing conventional residential architecture are met:
A.
Each mobile home shall comply fully with the federal requirements for mobile homes, manufactured home construction and safety standards, 24 CFR Chapter XX Part 3280.
B.
The mobile home park shall be developed on a minimum of 15 acres with at least 200 feet of road frontage.
C.
The mobile home park shall include potential sites for a minimum of 20 and a maximum of 60 mobile homes.
D.
The gross residential density of the mobile home park shall conform to the residential density standards set for single-family dwellings within the zoning district.
E.
Clustering of the mobile home sites shall, however, be encouraged, provided that a minimum land area of 8,000 square feet is reserved for each individual mobile home site.
F.
The mobile home park shall have a minimum of 25% of its net land area reserved as open space for the common use of all occupants of the mobile home park. No part of such open space shall be included in any mobile home site or roadway within the park, nor shall any part of such space be occupied by mobile homes or other structures, except those which may be provided specifically accessory to the open space for park purposes and which are available for the use of all occupants of the park.
G.
No mobile home site, office or service building shall be closer to any external street line or other property line than 100 feet.
H.
The mobile home park shall have a landscaped area at least 75 feet wide along all external lot lines and public roads, suitably planted and maintained to provide visual screening from adjacent properties. The Planning Board may also require a fence or berming for additional screening if appropriate.
I.
The mobile home park shall be served by a privately owned and maintained internal road system, designed to Town specifications and located so as to provide for the safe and convenient flow of traffic. There shall be a single common access; the Planning Board may, however, require one or more additional access points for emergency service only.
J.
Water supply and sewage disposal facilities shall conform to the requirements of the Town of Red Hook, the Dutchess County Health Department and/or the New York State Department of Environmental Conservation.
K.
At least two parking spaces, as described in § 143-26 of this chapter, shall be provided for each mobile home site.
L.
Adequate refuse receptacles shall be provided and shall be kept in sanitary condition and emptied at least weekly by the owner. Central receptacles may be required by the Planning Board.
M.
Each mobile home shall provide not less than 1,000 square feet of wholly enclosed habitable space.
N.
Either a concrete block or poured foundation shall be provided or the bottom portion of each mobile home shall otherwise be enclosed with masonry, metal or wood skirting or other acceptable material firmly secured, extending fully to the ground.
O.
All internal roads shall be adequately marked with signs to facilitate the provision of emergency services. Each unit must be separately numbered for convenient identification for emergency and other purposes.
P.
Mail delivery shall be made at a common location. All mail boxes shall be of a consistent style and color.
Q.
Enclosed storage facilities shall be provided at a common location within the mobile home park to adequately accommodate yard equipment, children's toys and other possessions which cannot be readily stored within the individual mobile homes. There shall be no accessory structures permitted on the individual mobile home sites.
R.
Sale of mobile homes for use exclusively on the site is permitted, provided that there shall be no more than two display units and such units shall not infringe upon any required setback area.
S.
Before any mobile home park commences operation, the Zoning Enforcement Officer shall make an inspection of the premises to determine that all requirements of this chapter have been complied with and shall issue a certificate of occupancy. All required improvements within the mobile home park shall be continuously maintained in a safe and workmanlike manner, and all required services shall be continuously provided in order to maintain the certificate of occupancy.
§ 143-61 Boardinghouses and rooming houses.
[Amended 5-30-2018 by L.L. No. 3-2018]
Boardinghouses and rooming houses in H, I, HB and B1 Districts shall be allowed by special permit, provided that:
A.
The boardinghouse or rooming house is located on a single lot with lot area of no less than the minimum specified for the zoning district in Article IV or the District Schedule of Area and Bulk Regulations.
B.
In addition to parking required for the residence, at least one additional on-street parking space is provided for each room offered for rent.
§ 143-62 Elderly or senior citizen housing.
Elderly or senior citizen housing, as defined in § 143-4 of this chapter, shall be allowed by special permit in the LD, R1.5, R1, I and B1 Districts, provided that:
A.
The development site shall be a single parcel with a minimum area of 25 acres within the LD District, 10 acres within the R1.5 District or five acres within the R1, I or B1 Districts, with the required minimum acreage including not more than 25% of any portion of the proposed elderly housing site that is designated as freshwater wetlands, under water or subject to periodic flooding, as discussed in § 143-23 of this chapter.
B.
The site shall be provided with adequate central water supply and common sewage disposal facilities in accordance with the requirements of the Town of Red Hook, the Dutchess County Department of Health and the New York State Department of Environmental Conservation.
C.
The maximum density shall not exceed two dwelling units per gross acre in the LD District, four dwelling units per gross acre in the R1.5 District or six dwelling units per acre in the R1, B1 and I Districts, except that when served by municipal water supply, development of elderly or senior citizen housing may occur at nine bedrooms per net buildable acre in the R1 and B1 Districts. The development shall be clustered to the extent practicable to provide a conveniently serviced development pattern and to provide usable open space for the development's residents.
D.
The maximum number of dwelling units within an individual senior citizen or elderly housing development shall be 80 dwelling units.
E.
One and two-tenths off-street parking spaces shall be provided for each senior citizen or elderly dwelling unit.
F.
The minimum front, side and rear yards otherwise applicable to either building or parking area improvements within the R1.5, R1 or B1 District in which the senior citizen or elderly housing development is situated shall be doubled, i.e., increased by 100%.
G.
Maximum structure coverage, including all principal and accessory structures, shall not exceed 10% of lot area, except in the R1 and B1 Districts where 15% shall be authorized.
H.
Available on-site support services and facilities provided independently by the sponsor of the elderly or senior citizen housing development or through affiliation with a hospital, nursing home or other qualified health service provider shall include, but are not necessarily limited to, the following:
(1)
Emergency medical care.
(2)
Community room.
(3)
Recreational opportunities.
(4)
Property maintenance and security.
(5)
Ombudsman-type services to deal with social service and related needs.
(6)
Twenty-four-hour call button.
(7)
Optional meals and laundry service.
(8)
Shuttle-type transportation service for shopping, recreation, health care visits and other purposes.
I.
Not less than 25% of the dwelling units within the senior citizen or elderly housing development shall be designed to be adaptable as suitable, convenient living environments for handicapped persons. Furthermore, the project site and all primary entrances, hallways and entrances to individual units shall be wheelchair and handicapped accessible.
J.
As an expressed condition of the special use permit approval and the certificate of occupancy, not less than 40% of the dwelling units within the senior citizen or elderly housing development shall be made available at affordable rent levels as established by the United States Department of Housing and Urban Development (HUD) and/or the Dutchess County Department of Planning.
K.
Pursuant to a demonstration of need by the Town, the project sponsor shall cooperate fully with the Town of Red Hook and other interested agencies in applying for any state, federal or private subsidies which either may be or may become available to subsidize the rents of lower-income persons and households.
§ 143-63 Enriched housing for elderly.
Enriched housing for the elderly shall be allowed by special permit in the LD, RD5, RD3, R1.5, R1, H and I Districts, provided that:
A.
If located in the LD, RD5 or RD3 Districts, the residence shall be established through either adaptive reuse of a nonresidential structure or conversion of a dwelling existing at the time of the enactment of this chapter on a single lot with lot area of no less than the minimum specified for the zoning district in Article IV or the District Schedule of Area and Bulk Regulations.[1]
[1]
Editor's Note: The schedule has been included at the end of this chapter.
B.
If located in the R1.5, R1, H or I Districts, the residence may be established either through conversion of an existing dwelling or new construction on a single lot with lot area of no less than the minimum specified for the zoning district in Article IV or the District Schedule of Area and Bulk Regulations,[2] or through either conversion or new construction on the premises of a nursing home, elderly housing development or other institution.
[2]
Editor's Note: The schedule has been included at the end of this chapter.
C.
The residence shall be noninstitutional in appearance, integrated to the extent practicable with the community, and shall be designed to serve and be occupied by no more than eight residents.
D.
The sponsor of the residence shall make available each of the following services for its residents:
(1)
Meals.
(2)
Housekeeping.
(3)
Personal care.
(4)
Social and emotional support services.
(5)
Assistance in shopping of personal needs.
(6)
Assistance in doing laundry.
(7)
Periodic heavy housecleaning.
(8)
Arrangements for essential transportation.
(9)
Leisure activities.
(10)
Established protocols for dealing with emergencies and obtaining medical care.
E.
Approval has been granted by the Dutchess County Health Department for sanitary sewage disposal and water supply facilities which shall serve the residence.
F.
The residence is in full compliance with the New York State Uniform Fire Prevention and Building Code and other codes, rules and regulations that may be imposed by any applicable county or state regulatory or permitting agency.
§ 143-64 Accessory apartments within existing single-family dwellings.
[Amended 7-12-2011 by L.L. No. 3-2011; 5-30-2018 by L.L. No. 3-2018]
Accessory apartments shall be allowed by special permit within existing single-family dwellings in the AB, LD, RD5, RD3, R1.5, R1, H, I, HB, B1 and B2 Districts, provided that:
A.
No exterior changes shall be made which will alter or extend the existing foundation of the principal structure.
B.
The accessory apartment is self-contained, with separate cooking, sleeping and sanitary facilities for use by the occupant(s).
C.
Any additional exterior entrances which may be created shall be located at the side or rear of the structure.
D.
The accessory apartment is subordinate to the principal residence and contains no more than 35% of the total habitable space of the existing structure prior to the construction of such accessory apartment or 650 square feet, whichever is the more restrictive.
E.
The accessory apartment shall be limited to two bedrooms.
F.
The conversion of any existing single-family dwelling to accommodate an accessory apartment, as defined herein and in § 143-4, is limited to one accessory apartment per principal residence.
G.
Each principal residence and accessory apartment is, at the time of conversion, on a single lot with lot area of no less than one acre, except in the LD and RD5 Districts where a minimum of three acres shall be required.
H.
Parking, as required for an accessory apartment/principal residence, shall be a minimum of two spaces per dwelling unit on-site and shall be designed and located to be convenient without encroaching on any required yard or setback area.
I.
Approval has been granted by the Dutchess County Health Department for any required on-site sanitary sewage or water supply facilities, including, as may be applicable, certification through either the Health Department or a licensed professional engineer retained by the applicant that the existing on-site water supply and sewage disposal facilities are sufficient to accommodate the additional demands of the accessory apartment on the residential premises where such conversion is proposed.
§ 143-65 Accessory apartments within new single-family dwellings.
[Amended 7-12-2011 by L.L. No. 3-2011]
Accessory apartments shall be allowed by special permit within new single-family dwellings in the AB, LD, RD5, RD3, R1.5, R1, H and I Districts, provided that:
A.
The accessory apartment is self-contained, with separate cooking, sleeping and sanitary facilities for use by the occupant(s).
B.
Any additional exterior entrances which may be created shall be located at the side or rear of the structure.
C.
The accessory apartment is subordinate to the principal residence and contains no more than 25% of the habitable space of the dwelling or 650 square feet, whichever is the more restrictive.
D.
The accessory apartment shall be limited to two bedrooms and its occupancy restricted to three persons.
E.
The construction of a new dwelling to accommodate an accessory apartment, as defined herein and in § 143-4, is limited to one accessory apartment per principal residence.
F.
Each principal and accessory apartment is, at the time of conversion, on a single lot with lot area of no less than the minimum specified for the zoning district in Article IV or the District Schedule of Area and Bulk Regulations.[1] The lot may not be an existing nonconforming lot of less than the prescribed lot area or lot width.
[1]
Editor's Note: The schedule has been included at the end of this chapter.
G.
Parking, as required for an accessory apartment/principal residence, shall be a minimum of two spaces per dwelling unit on-site and shall be designed and located to be convenient without encroaching on any required yard or setback area.
H.
Approval has been granted by the Dutchess County Health Department for any required on-site sanitary sewage or water supply facilities.
§ 143-66 Accessory apartments through adaptive reuse of non-dwelling structures.
[Amended 7-11-1995 by L.L. No. 1-1995; 7-12-2011 by L.L. No. 3-2011]
Accessory apartments through adaptive reuse of nondwelling structures shall be allowed by special permit in the AB, LD, RD5, RD3 and I Districts, provided that:
A.
No exterior changes shall be made which will extend the existing foundation of the accessory structure more than 100 square feet to accommodate the accessory apartment.
B.
The accessory apartment is self-contained, with separate cooking, sleeping and sanitary facilities for use by the occupant(s).
C.
The accessory apartment contains a maximum of 650 square feet of habitable space.
D.
The accessory apartment shall be limited to two bedrooms.
E.
The principal dwelling and accessory apartment are, at the time of conversion, on a single lot with a lot area of no less than one acre, except in the LD and RD5 Districts where a minimum of three acres shall be required.
F.
Additional accessory apartments, up to a total of four dwelling units on a single residential premises (i.e., one principal dwelling and a total of three accessory units, not more than one of which may be located within the principal dwelling) may occur by conversion, provided that the lot has a minimum lot area of at least 20 acres.
G.
If more than two dwelling units are proposed to exist on a single residential premises, site plan review and approval shall be required in accordance with Article VII of this chapter.
H.
The accessory structure meets the minimum setback requirements otherwise established for the construction of a principal structure within the zoning district as prescribed in Article IV or the District Schedule of Area and Bulk Regulations.
I.
Parking shall be a minimum of two spaces per dwelling unit on site and shall be designed and located to be convenient without encroaching on any required yard or setback area.
J.
Approval been granted by the Dutchess County Health Department for any required on-site sanitary sewage or water supply facilities, including, as may be applicable, certification through either the Health Department or a licensed professional engineer retained by the applicant that the existing on-site water supply and sewage disposal facilities are sufficient to accommodate the additional demands of the accessory dwelling units on the residential premises where such conversion of an existing accessory structure is proposed.
K.
The gatehouse, garage, barn or similar nonresidence accessory structure adapted to residential use shall have legally existed on January 1, 1993, and all construction associated with adaptation of the existing structure shall be performed in a manner that retains and enhances the character of the structure. The design and construction of the adaptation of the accessory structure shall further be compatible with the parent structure on the premises and with the overall character of the neighborhood.
L.
The applicant acknowledges, in writing, to the Town of Red Hook the understanding that should subdivision of the parcel later be proposed, not less than the above minimum specified acreages must be provided for the principal dwelling and its accessory dwelling units if their certificates of occupancy are to be maintained.[1]
[1]
Editor’s Note: Former § 143-66.1, Accessory apartments within new independent structures, added 7-11-1995 by L.L. No. 1-1995, which immediately followed this section, was repealed 5-30-2018 by L.L. No. 3-2018.
§ 143-67 Cannabis retail facility. [1]
[Added 2-11-2025 by L.L. No. 1-2025]
A.
Purpose. The purpose of this section is to provide regulations governing cannabis retail dispensary establishments in accordance with New York State's Cannabis Law, as amended. It is the purpose and intent of this section to minimize the adverse impacts cannabis retail dispensaries may have on adjacent properties and to provide standards for the placement, design, siting, safety, security, monitoring, modification, and discontinuance of cannabis retail dispensaries. This section outlines reasonable conditions that will protect the public health, safety, and welfare of the local community. This section is intended to encourage appropriate land use and reasonable safeguards to govern the time, place, and manner of cannabis retail dispensary operations.
B.
Cannabis retail dispensaries shall be allowed by special permit in the HB and B2 Districts and in the Office-Industrial Subdistrict of the Traditional Neighborhood Development District, provided that:
(2)
A special permit shall be subject to the condition that the applicant shall obtain all licenses and permits including a license to operate under the Marijuana Regulation and Taxation Act, as a condition to issuance of any building permit or certificate of occupancy, and the existence of such license in good standing shall be a continuing condition of any special permit. A copy of the license application shall be submitted with the special permit application and a copy of the license shall be submitted with the building permit application.
(3)
A special permit shall identify the applicant granted the permit and shall not be transferrable without submission of a supplementary application to identify the licensed operator of the adult use retail dispensary that was the basis for the special permit.
(4)
Violation of any special permit conditions shall be grounds for revocation of the special permit.
(5)
Revocation of a retail dispensary license shall be grounds for revocation of a special permit.
(6)
Access to the facility shall be from a state or county highway or through a Town roadway other than a residential subdivision street.
(7)
No outside storage of cannabis products is permitted.
(8)
The applicant must provide an odor control plan that provides for proper and adequate ventilation and demonstrates that any odors associated with the cannabis products stored on-site shall be effectively confined to the premises or so treated in order to avoid any negative impacts to neighboring properties or tenant spaces.
[1]
Editor’s Note: Former § 143-67, Bed-and-breakfast establishments, was repealed 12-22-2021 by L.L. No. 6-2021.
§ 143-68 Cottages.
[Amended 7-11-1995 by L.L. No. 1-1995; 7-12-2011 by L.L. No. 3-2011]
Cottages, as defined in § 143-4 of this chapter, shall be allowed by special permit in the AB, LD, RD5, RD3, R1.5, R1 and H Districts, provided that:
A.
The maximum gross floor area devoted to the cottage shall be 650 square feet.
B.
Not more than one cottage shall be authorized on a residential premises, provided that both an accessory apartment and a cottage shall not be permitted on the same residential premises.
C.
The cottage shall be supported by water supply and sewage disposal facilities deemed suitable by the Dutchess County Health Department, which facilities may be shared with the principal dwelling unit on the premises.
D.
The cottage shall be in compliance with all provisions of the New York State Uniform Fire Prevention and Building Code. All other applicable laws, ordinances and regulations shall be complied with, and both a building permit, where applicable, and a certificate of occupancy shall be obtained before occupancy.
E.
The cottage shall satisfy all setback requirements set forth in the District Schedule of Area and Bulk Regulations[1] for a principal structure within the zoning district; with the exception of the AB District, where the cottage shall be sited in accordance with the provisions of § 143-39.1F.
[1]
Editor's Note: Said schedule is included at the end of this chapter.
F.
The cottage shall be situated on a lot with not less the minimum lot area specified for the LD, RD5 and RD3 Districts. If the cottage is located within the R1.5, R1 or H Districts, a minimum lot area of three acres shall be required.
§ 143-69 Home occupations (Class 2).
[Amended 7-12-2011 by L.L. No. 3-2011; 5-30-2018 by L.L. No. 3-2018]
Home occupations Class 2, occurring within a customary accessory building or requiring outdoor storage of materials or equipment used in connection with the home occupation on a residential premises, shall be allowed by special permit in the B1, AB, LD, RD5, RD3, and H Districts provided that:
B.
The lot on which the home occupation is proposed meets the minimum lot area requirements set forth in the Article IV District Schedule of Area and Bulk Regulations for the district and that the accessory structure proposed to house the home occupation similarly meets all setback and related requirements set forth within this chapter.
C.
Materials and equipment actively used in connection with the home occupation shall be stored indoors to the extent practicable. Where such storage cannot be reasonably provided, the materials and equipment shall be screened from public rights-of-way and neighboring properties by intervening landform and/or vegetation through all seasons of the year and stored in a manner such that they do not pose a nuisance to adjacent property owners, generally being not less than 50 feet from any property boundary. In accordance with § 143-32G and K, respectively, of this chapter, no such outdoor storage of materials or equipment shall be permitted in the front yard of the premises nor shall more than one commercial vehicle in excess of 20 feet in length be parked overnight in an unenclosed area.
§ 143-70 Private airstrips and heliports in AB, LD, RD5, RD3, B1 and I Districts.
[Amended 7-12-2011 by L.L. No. 3-2011]
Private airstrips or heliports shall be allowed by special permit in the AB, LD, RD5, RD3, B1 and I Districts, provided that:
A.
The use is situated on a parcel of not less than 50 acres.
B.
No landing or takeoff area for aircraft shall be located within 300 feet of any property line or street line.
C.
No structure associated with aircraft activity shall be located within 200 feet of any residential property line or street line.
§ 143-71 Fishing clubs.
[Amended 7-12-2011 by L.L. No. 3-2011; 3-8-2016 by L.L. No. 1-2016]
Fishing clubs shall be allowed by special permit in the AB, WC, LD, RD5 and RD3 Districts, provided that:
A.
The minimum lot area shall be 10 acres.
B.
No building or parking area shall be located closer than 100 feet to any property line, nor within 250 feet of any existing neighboring residence.
C.
Specific plans for public address systems and/or lighting for outdoor recreational facilities shall be submitted to and approved by the Planning Board, including the specific proposed hours of operation for such facilities.
D.
The activities associated with any active outdoor recreation facilities shall be suitably screened from neighboring residential properties so as to create a visual and noise-deterring buffer.
E.
The hours of operation for such outdoor recreation facilities shall generally be restricted to the period 1/2 hour after sunrise to 1/2 hour before sunset.
§ 143-71.1 Hunting clubs.
[Added 3-8-2016 by L.L. No. 1-2016]
Hunting clubs shall be allowed by special permit in the AB, LD, RD5 and RD3 Districts, provided that:
A.
The minimum lot area shall be 10 acres.
B.
No building or parking area shall be located closer than 100 feet to any property line, nor within 250 feet of any existing neighboring residence.
C.
Specific plans for public address systems and/or lighting for outdoor recreational facilities shall be submitted to and approved by the Planning Board, including the specific proposed hours of operation for such facilities.
D.
No outdoor target range or similar facility for the discharge of firearms shall be located on a club site of less than 50 acres or closer than 500 feet to any property boundary or such greater distance as may be specified by the New York State Environmental Conservation Law or other applicable laws, rules or regulations.
E.
The activities associated with any active outdoor recreation facilities, including a target range, shall be suitably screened from neighboring residential properties so as to create a visual and noise-deterring buffer.
F.
The hours of operation for such outdoor recreation facilities shall generally be restricted to the period 1/2 hour after sunrise to 1/2 hour before sunset.
§ 143-72 Outdoor recreation facilities.
[Amended 6-26-2019 by L.L. No. 5-2019]
Outdoor recreation facilities, as defined in § 143-4 of this chapter, shall be allowed by special permit in the WC, LD, RD5, RD3, R1.5, R1, and I Districts, provided that:
A.
The minimum lot area shall be 50 acres.
B.
No building or parking area associated with the recreational use shall be located closer than 100 feet to any property line or within 250 feet of any existing neighboring residence. Any such building or parking area shall also be effectively screened by intervening landform and/or vegetation from all neighboring properties and public rights-of-way.
C.
No facility (e.g., trail, ball field or ski slope) for active recreational use shall be located within 100 feet of any property line and shall be similarly screened.
D.
Access to the facility shall be from a state or county highway or a through Town roadway other than a residential subdivision street.
E.
Adequate water supply and sewage disposal facilities shall be provided in accordance with the requirements of the Town of Red Hook, the Dutchess County Department of Health and the New York State Departments of Health and Environmental Conservation.
F.
No building constructed or portion of an existing building adaptively used in connection with the outdoor recreation use shall exceed 3,000 square feet in gross floor area.
G.
No restaurant or tavern shall be operated and maintained upon the premises. Food service shall be limited to vending machines and/or a snack bar; alcoholic beverages shall not be sold on the premises.
H.
Specific plans for public address systems and/or lighting of the outdoor recreation facilities and accessory buildings and parking areas shall be submitted to and approved by the Planning Board.
I.
Except as may be further restricted by the Planning Board in its consideration of a specific application for special use permit, hours of public operation shall be limited to 9:00 a.m. through 10:00 p.m. daily.
§ 143-73 Commercial logging.
[Amended 6-26-2019 by L.L. No. 5-2019]
A.
The purpose of this section is to ensure that commercial logging operations are consistent with the policies of the Town of Red Hook Comprehensive Plan and the recommendations of Greenway Connections: Greenway Compact Program and Guides for Dutchess County Communities ("Greenway Guides"), pursuant to § 143-144.1 of the Town of Red Hook Code.
B.
This section is intended to promote the public health, safety, and welfare of the people of the Town by regulating forest use in such a way as to allow for sustainable forestry management that protects and preserves the environment, roads, property, and quality of life in the Town from the potential adverse effects of commercial logging.
C.
Exempt activities. Commercial logging shall not include:
(1)
Commercial logging operations are exclusive of the process of removing vegetation for installing improvements described on a subdivision plat or site plan approved by the Planning Board or site clearing preparatory to construction of a structure for which a building permit is required and which building permit has been issued by the Code Enforcement Officer.
(2)
Harvesting of up to one cord of firewood per acre per year or up to 2,000 board feet of lumber per acre per year for noncommercial use by the property owner.
(3)
Trees removed in conjunction with a timber operation as defined herein.
(4)
Cutting of firewood used in the manufacture of maple syrup and other maple products.
(5)
Clearing of land for rights-of-way by public utilities or their agents or trees removed for public road construction, maintenance, and realignment.
(6)
Clearing of land by or pursuant to government authority under the laws of the United States, the State of New York, the County of Dutchess, the Town of Red Hook, Village of Red Hook, or Village of Tivoli.
(7)
The removal of trees that are located in a cemetery, on a Christmas tree farm or other tree plantation, and removal of hazardous or fallen trees, or for clearing dead or diseased trees.
D.
Commercial logging permit required.
(1)
No person, firm, corporation, or other entity (hereinafter referred to as "person") shall engage in commercial logging in the Town without a commercial logging permit issued by the Town of Red Hook in accordance with the Zoning Law. Large-scale commercial logging permits are issued by the Town Planning Board in accordance with Article VI, Special Permit Uses. Small-scale commercial logging permits are issued by the Town Code Enforcement Officer in accordance with Article IX, Administration and Enforcement.
(2)
All commercial logging permit applications shall be submitted to the Code Enforcement Officer along with the required fees as set forth in § 143-50. The application shall identify the parcel by tax index number and shall describe the location of the proposed commercial logging operation, the acreage impacted by the commercial logging operation, an estimate of the expected number of trees or board feet of lumber to be harvested, the name and address of the person or entity who will be completing the harvest and if not available the name and address of the person responsible for compliance with the approved commercial logging permit, and an estimate of the duration of the proposed harvest. The application shall be signed by the owner of the property where the proposed commercial logging will occur and such owner shall also certify their responsibility for compliance with the terms of the commercial logging permit.
E.
Commercial logging permit process.
(1)
Small-scale commercial logging of less than five acres of land. Except for lands lying within the Waterfront Conservation Zoning District, commercial logging permit applications involving less than five acres of land (regardless of parcel size) shall be submitted to the Town Code Enforcement Officer, who shall review and approve such application if it conforms to the standards provided herein. Small-scale commercial logging of less than five acres of land within the Waterfront Conservation Zoning District shall be submitted to the Code Enforcement Officer, who shall refer the application to the Planning Board for review and approval as a large-scale commercial logging special use permit, if it conforms to the standards provided herein, as well as the other requirements of the Zoning Law. The Code Enforcement Officer shall have the authority to direct any application for small-scale commercial logging of less than five acres to the Planning Board for review and approval as a large-scale commercial logging application if the Code Enforcement Officer determines, in his or her sole discretion, that such Planning Board review is necessary and appropriate given the nature, scope, and potential impacts of the small-scale commercial logging permit application.
(2)
Large-scale commercial logging of five acres or more. Large-scale commercial logging permit applications involving five acres or more of land (regardless of parcel size) shall be submitted to the Code Enforcement Officer, who shall refer the application to the Planning Board for review and approval as a large-scale commercial logging special use permit if it conforms to the standards provided herein, as well as the other requirements of the Zoning Law. If the Planning Board approves such an application, it shall direct the Code Enforcement Officer to issue a large-scale commercial logging permit in accordance with such approval.
(3)
Large-scale commercial logging perimit submission requirements.
(a)
The large-scale commercial logging permit application shall include all required materials identified herein. This shall include a plan that has been designed to prevent impacts to watercourses, wetlands, floodplains and includes a soil erosion and sediment control plan.
(c)
The proposed large-scale commercial logging is consistent with good silvicultural, horticultural or vegetation management and will not have an adverse visual or ecological impact, as determined through the SEQR environmental impact assessment review of the application.
(d)
The proposed large-scale commercial logging operation and activities, including the proposed site remediation after the conclusion of the harvest, is consistent with the "Timber Harvesting Guidelines for New York" and the "New York State Forestry Best Management Practices Field Guide," as amended, to the extent that said guidelines do not contradict the provisions of the Zoning Law, in which case the provisions of the Zoning Law shall control. There may be situations where strict adherence to certain provisions of the "Timber Harvesting Guidelines for New York" and best management practices are impossible or impractical to attain, based upon the unique characteristics of the property proposed for logging. Alternate measures exist that can be substituted for such guidelines in appropriate circumstances. In such cases, with the assistance of a New York State Department of Environmental Conservation Cooperating Forestry Program Professional Forester, the Planning Board or Code Enforcement Officer may grant a waiver from the strict application of the guidelines where reasonable and necessary.
(e)
Lands which are enrolled under Section 480-a of the NY State Real Property Tax Law, at the time of adoption of Local Law No. 5 of 2019, are exempted from the provisions in this section provided that a copy of a valid certificate of approval of enrollment in the 480-a program is filed with the Town of Red Hook Building Department. All new 480-a long-term management plans and five-year updates to existing 480-a long-term management plans are subject to issuance of a large-scale commercial logging permit by the Planning Board. In these cases, the Planning Board may generally determine the extent of review under § 143-73 and may waive any requirement that the Board determines is not necessary for the intended project.
(f)
A statement that the applicant agrees to indemnify the Town of Red Hook and to reimburse the Town of Red Hook for any damage caused to Town roads, bridges, or culverts, as determined by the Town of Red Hook Highway Superintendent, and to pay any and all fees associated with such damage. Upon a written recommendation from the Town Highway Superintendent that there exists the potential for damage to a Town road, the Planning Board may include a condition which prevents damage to Town roads from truck traffic associated with the commercial logging activities. Restrictions may include but are not limited to restricting truck traffic routes and/or posting of a performance bond for damage to Town roads.
(g)
The period of time during which the timber harvest will take place setting forth the date of commencement, the date of termination, the days of the week and hours of the day when timber harvest activities will take place.
(h)
Vehicle access route to and from the site of the large-scale commercial logging operation where the access route involves Town roads.
(4)
Small-scale commercial logging permit submission requirements.
(a)
The applicant shall submit a site map which shall show:
[1]
Boundaries of the parcel or parcels where the small-scale commercial logging is proposed;
[2]
Roadways, streams, waterbodies, wetlands, and topographic contour interval lines within the area affected by the small-scale commercial logging;
[3]
Proposed harvest area, proposed haul road(s), landing area(s), and ingress/egress at public roads.
(b)
The applicant shall submit a site reclamation plan for the portion of the parcel or parcels affected by the small-scale commercial logging operation. This plan shall show proposed site cleanup and remediation to be undertaken upon conclusion of the small-scale commercial logging operation. The site reclamation plan shall address post small-scale commercial logging cleanup measures as outlined in the "New York State Forestry Best Management Practices Field Guide," as amended.
F.
Standards for all commercial logging operations. All commercial logging activities and operations shall adhere to the following standards:
(1)
The commercial logging shall be in accordance with the "New York State Forestry Best Management Practices For Water Quality (BMP)," as amended, to the extent that said BMP does not contradict the provisions of the Zoning Law, in which case the provisions of the Zoning Law shall control.
(2)
The loading and skidding of timber shall not be conducted on Town roads nor shall landings be located on Town roads.
(3)
Wood chips, crushed stone, or other approved materials will be used, where access roads meet public roads in order to prevent debris from tracking onto the public road.
(4)
All commercial logging operations and activities, including related stormwater runoff, shall be contained within the subject parcel or parcels and shall not impact adjacent parcels or public roads.
(5)
Haul roads used during the commercial logging operation shall avoid, to the extent practicable, slopes of 10% grade or more and 5% grade or more on highly erodible soils.
(6)
Haul roads shall not be located within 200 feet of any perennial stream or wetland to the extent practicable. Said zone shall be measured from the mean high water line of the stream or the boundary of the wetland. All perennial stream crossings shall be constructed and maintained in accordance with the New York State BMP, as amended and any necessary permits for stream crossings of protected streams or protected wetlands shall be secured prior to approval of a commercial logging permit.
(7)
No skidding or other commercial logging activities shall occur within 200 feet of the mean high water line of a perennial stream or wetland.
G.
Review by the Town Highways Superintendent and Conservation Advisory Council.
(1)
The Planning Board shall refer all applications for large-scale commercial logging permits as follows:
(a)
Town Highway Superintendent. The Town Highway Superintendent shall be responsible for review of large-scale commercial logging permit applications as follows:
[1]
Conduct a site inspection to determine if the proposed commercial logging and related activities could impact traffic safety and/or the condition of Town roads in accordance with Section 302 of the Miscellaneous Provisions of the New York State Highway Law. The Highway Superintendent shall report back to the Planning Board, within 30 days of having received the referral, and shall include any suggestions for specific changes to proposed plans or permit conditions. If no recommendation is submitted to the Planning Board by the date of the public hearing to consider the large-scale commercial logging permit application, then it shall be considered that the Highway Superintendent recommends approval of the application.
[2]
The Highway Superintendent shall estimate the funds needed, if any, for repair of Town roads as a result of the proposed large-scale commercial logging activities. If the Highway Superintendent determines that the large-scale commercial logging activities could damage Town roadways, he or she shall prepare a cost estimate of the potential monetary impact to Town roadways. Upon notification from the Superintendent of Highways, the applicant shall deposit an amount equal to such cost estimate in an escrow account held by the Town for highway repairs caused by the large-scale commercial logging activities. Upon the completion of site reclamation, the Highway Superintendent shall perform an inspection. After completion of this inspection, any remaining funds not necessary for repair work will be returned to the applicant.
[3]
The Highway Superintendent may require the applicant to create a temporary driveway entrance, in accordance with § 143-73F(3) of the Zoning Law, to the large-scale commercial logging site to prevent damage to the edge of the existing roadway. Said temporary driveway shall only be used during the large-scale commercial logging operation. The temporary driveway shall be removed within 30 days of the conclusion of the large-scale commercial logging and the site of the temporary driveway shall be restored to its previous condition.
(b)
Town Conservation Advisory Council. The Conservation Advisory Council shall be responsible for review of the large-scale commercial logging application as follows:
[1]
The Planning Board shall refer the large-scale commercial logging permit application to the Town Conservation Advisory Council (CAC) for an advisory opinion, which shall make its recommendations, if any, in writing to the Planning Board within 30 days of receipt by the CAC. Failure of the CAC to render an advisory opinion within 30 days after its receipt of the application shall be construed as no comment on an application.
H.
Site reclamation. After completion of commercial logging activities, the affected site or sites shall be reclaimed in accordance with the New York State BMP, as amended. In cases where the BMP is not consistent with the provisions of the Zoning Law, the Town Zoning Law shall control including the site reclamation plan submitted at the time of the commercial logging permit issuance. All reclamation measures are subject to inspection by the Town Code Enforcement Officer to ensure compliance with this section.
J.
Insurance. Before commencement of any work pursuant to a commercial logging permit, the applicant shall provide to the Code Enforcement Officer proof of worker's compensation insurance or exemption from coverage as applicable and proof of liability insurance in the minimum amount of $1,000,000 against any liability arising from the commercial logging activities. Homeowners undertaking the commercial logging activities themselves, without engaging a third party, may complete an Affidavit of Exemption attesting to the fact that their homeowner's insurance policy provides liability coverage against any liability arising from the commercial logging activities.
K.
Liability. Neither the issuance of a commercial logging permit, nor compliance with the provisions of the Zoning Law or with any conditions imposed by the commercial logging permit issued hereunder, relieve the applicant from full responsibility for any damage whatsoever to other persons or property as a result of the commercial logging activities undertaken, nor shall it impose any liability upon any officers, agents, or employees of the Town for damage to persons or property.
L.
Application fee. The fee for a commercial logging permit shall be as provided for in the Town of Red Hook Fee Schedule Resolution, as amended, and shall be set by resolution of the Town Board.
§ 143-74 Alternate-care facilities.
Alternate-care facilities shall be allowed by special permit in the I District, provided that:
A.
Any alternate-care facility that will house more than 12 ACF clients shall require a site not less than 10 acres and the total population thereon, including residents and staff employees, shall not exceed 10 persons per acre.
B.
The minimum lot frontage per establishment shall be 400 feet.
C.
There shall be a minimum front yard of 150 feet, into which there shall be no encroachment of parking and of structures other than a fence, wall or sign not larger than four square feet in area.
D.
No structure shall be placed closer to a side or rear property line than 100 feet, and no parking shall be located closer than 50 feet to a side or rear property line.
E.
Provision for recreation for ACF clients shall be provided with at least 10% of the total land area developed for both active and passive outdoor recreational uses.
F.
Any new and/or existing structures shall be constructed, altered, renovated and maintained in full accordance with the New York State Uniform Fire Prevention and Building Code and other codes, rules and regulations that may be imposed by any regulatory or permitting agency.
G.
All other applicable standards and provisions of the chapter and other applicable local, county and state land use and development regulations and requirements shall strictly apply.
§ 143-75 Congregate-care facilities.
Congregate-care facilities in the LD, R1.5, R1 and I Districts shall be allowed by special permit, provided that:
A.
The minimum lot area shall be five acres, except in the LD District where 15 acres shall be required, and the congregate-care facility may only be created through the adaptive reuse of a structure existing at the time of enactment of this chapter.
B.
No building or parking area shall be located closer than 50 feet to any side or rear lot line.
C.
The number of residents within the facility shall not exceed two persons per acre in the LD District or six persons per acre in the R1.5, R1 and I Districts.
E.
Access to the congregate-care facility site shall be provided directly from a state or county highway or by a through Town roadway other than a residential subdivision street.
§ 143-76 Cemeteries, including mausoleum.
[Amended 7-12-2011 by L.L. No. 3-2011]
Cemeteries, including mausoleum, shall be allowed by special permit in the AB, RD5, RD3, H and I Districts, provided that:
A.
No burial or memorial plats or buildings shall be located closer than 100 feet to any residential lot line, except that when a dense evergreen hedge or wall or landscaped strip at least six feet in height providing complete visual screening from all adjacent residential property is provided, burial or memorial plats of less than six feet in height may be located as close as 25 feet to any residential lot line.
B.
All burials shall be undertaken in strict accordance with applicable regulations of the New York State Department of State and the Department of Health.
C.
No crematory for human remains shall be permitted within or considered accessory to a cemetery.
§ 143-77 Child day-care centers, nursery schools or day nurseries.
[Amended 5-30-2018 by L.L. No. 3-2018]
Child day-care centers, nursery schools or day nurseries shall be allowed by special permit in the LD, RD5, RD3, R1.5, R1, H, I, HB and B1 Districts, provided that:
A.
The maximum number of children enrolled on a regular basis shall be 40.
B.
Off-street parking shall be provided in accordance with the following criteria: one parking space per five persons at peak enrollment based on facility design, plus one parking space per employee.
C.
Minimum outdoor recreation and activity area of 200 square feet per child shall be provided, with any such outdoor recreation area located in the side or rear yard, not less than 50 feet from any neighboring residential property line and effectively screened by intervening landform and/or vegetation therefrom.
D.
Access to the child day-care center shall be provided directly from a state or county highway or a through Town roadway other than a residential subdivision street.
E.
The facility shall be operated and maintained in accordance with applicable laws, rules and regulations, including § 390 of the Social Services Law of the State of New York.
§ 143-78 Churches and other places of worship.
Churches or other places of worship shall be allowed by special permit in the RD5, RD3, R1.5, R1, H and I Districts, provided that:
A.
Minimum lot area shall be three acres, except in the RD5 District where a minimum lot area of five acres shall be required.
B.
Access shall be provided either directly from a state or county highway or by a through Town roadway other than a residential subdivision street.
C.
No building shall be erected or parking area located closer than 50 feet to any public right-of-way or property line or such greater minimum distance as required for the zoning district in the District Schedule of Area and Bulk Regulations.[1]
[1]
Editor's Note: The schedule has been included at the end of this chapter.
§ 143-79 Cultural facilities.
[Amended 7-12-2011 by L.L. No. 3-2011; 5-30-2018 by L.L. No. 3-2018]
Cultural facilities (e.g., libraries, art galleries or museums) shall be allowed by special permit in the LD, H, I, and HB Districts, and museums and agricultural learning institutions shall be allowed in the AB District, provided that:
A.
The minimum lot area shall be three acres, except in the LD District where a minimum lot area of 10 acres shall be required.
B.
Access shall be provided either directly from a state or county highway or by a through street with at least one point of connection with a state or county highway.
C.
No building or parking area shall be located closer than 50 feet to any public right-of-way or property line, or such greater minimum distance required for the zoning district in the District Schedule of Area and Bulk Regulations.[1]
[1]
Editor's Note: Said schedule is included at the end of this chapter.
§ 143-80 Day camps.
Day camps in the LD, RD5, RD3 and I Districts shall be allowed by special permit, provided that:
A.
The minimum lot area shall be 10 acres.
B.
No activity area or recreational facility associated with the day camp shall be closer than 100 feet to any property line and shall be effectively screened by intervening landform or vegetation from any abutting residential property.
C.
Adequate water supply and sewage disposal facilities shall satisfy all applicable requirements of the Town of Red Hook, the Dutchess County Health Department and the New York State Departments of Health and Environmental Conservation.
D.
Not more than 12 day campers per acre shall be accommodated.
§ 143-81 Educational campuses.
Educational campuses, as defined in § 143-4 of this chapter, shall be allowed by special permit in the I District, provided that:
A.
An overall plan of land and structure development and use and an associated program for facility operation and management shall be depicted within a campus master plan report. The campus master plan report shall include a facility-wide master site plan at a scale of not less than one inch equals 100 feet and related narrative at a suitable level of detail to describe the following features of the educational campus:
(1)
The existing and proposed use designation for all land included within the application for special use permit.
(2)
The intended development of each of the designated use areas, including a graphic depiction of major buildings and their intended uses and occupancies, parking areas, other structures and principal open spaces, whether existing or proposed, including a tabular presentation of acreage, building square footage, dormitory rooms, classroom seating occupancies, parking requirements and other quantifiable factors by use.
(3)
The proposed pattern of vehicular and pedestrian circulation throughout the campus site.
(4)
The proposed program and facilities for satisfying water supply, sewage disposal and related infrastructure demands.
(5)
The proposed methods of preserving the natural and man-made resources of the campus site, including but not limited to the exterior of existing historic or architecturally significant structures, landscaping, stone walls, entrance gates, woodlands, streams, ponds, marshes, steep slopes and other amenities.
(6)
The intended program and schedule for development of all elements depicted on the facility-wide master site plan, including a discussion of the extent of educational campus development that will be in place at the conclusion of each of the project's phases, if phasing is proposed.
B.
The primary use of the campus shall be for an educational institution, as defined in this chapter. In the event that the educational institution has or is planned for an enrollment of 500 or more students, the following education-related uses may be authorized within the educational campus:
(1)
Residential uses. One-family dwellings, either attached or detached, to provide housing for personnel employed by the institution and meeting the following standards:
(a)
The gross density of that portion of the educational campus set aside for residential use by nonstudents shall not exceed one dwelling unit per acre with central water supply and common sewage facilities or one dwelling unit per three acres with individual on-site water and/or sewage facilities.
(b)
Dwelling units, as authorized above, may be clustered at a net density not to exceed four dwelling units per acre.
(c)
Deed restrictions or other agreements satisfactory to the Planning Board shall be required to ensure that the residential dwellings serve their intended objective and that common open space, roadways and other facilities serving the residential use shall be owned and maintained in accordance with Town, the Dutchess County Health Department and other requirements.
(d)
No residential dwellings provided within an educational campus shall have direct access from a state highway.
(2)
Nonresidential uses. Nonresidential uses related to the educational function of the institution or serving the students, faculty or administrators of the institution and the community may be permitted if described within the campus master plan report and approved by the Planning Board. Such uses shall additionally conform to any applicable standards set forth elsewhere in this chapter, including the supplementary regulations set forth in Article V.
C.
The educational campus shall be located on a site of not less than 100 acres.
D.
The educational campus shall be directly accessible from a state or county highway or by at least two Town roadways other than residential subdivision streets.
E.
All buildings and other structures, parking and other outdoor activity areas associated with the educational institution shall have a minimum setback of 100 feet from any property line and 200 feet from any existing neighboring residence.
F.
Upon issuance of a special use permit for the educational campus, any development of the uses and related improvements described on the facility-wide master plan may be undertaken following project-specific site plan review and approval by the Planning Board in accordance with the requirements of Article VI of this chapter.
(1)
A new application for special use permit shall not be required unless the intended development is either:
(a)
Not depicted within the campus master plan report;
(b)
Substantially larger or more intensive than depicted in the campus master plan report; or
(c)
Inconsistent with any conditions which may have been attached by the Planning Board in issuing the special use permit, including consideration of project phasing or other requirements intended to mitigate potential environment effects of campus facility development.
(2)
In such circumstance, the new application for special permit must be accompanied by a revised campus master plan report as set forth above.
§ 143-82 Educational institutions.
Educational institutions, as defined in § 143-4 of this chapter, shall be allowed by special permit in the RD3 and I Districts, provided that:
A.
The minimum lot area for an educational institution shall be 25 acres.
B.
Access to the site of the educational institution shall be directly from a state or county highway or by a through Town roadway other than a residential subdivision street.
C.
All buildings and other structures, parking and outdoor activity areas associated with the educational institution shall have a minimum setback of 100 feet from any property line and 200 feet from any neighboring residence.
§ 143-83 Hospitals.
Hospitals shall be allowed by special permit in the RD5, RD3 and I Districts, provided that:
A.
The minimum lot area shall be 10 acres.
B.
No building or parking area shall be located closer than 50 feet to any side or rear lot line.
C.
Access to the hospital site shall be provided directly from a state or county highway.
D.
The maximum number of beds shall not exceed six per acre in the RD5 or RD3 Districts or nine per acre in the I District.
§ 143-84 Nursing homes.
Nursing homes shall be allowed by special permit in the R1 and I Districts, provided that:
§ 143-85 Public transportation terminals.
Public transportation terminals shall be allowed by special permit in the H, I, B1 and B2 Districts, provided that:
A.
The facility shall, if located in an H or I District, have, through the use of appropriate building form and materials, the exterior appearance of a principal or accessory residential structure.
B.
Off-street parking shall be provided in suitable number to avoid encroachment onto neighboring properties or public rights-of-way during the hours of peak facility use.
C.
Suitable landscaping, including screening from public roadways and neighboring properties, shall be provided in accordance with both the requirements otherwise established within this chapter and those further requirements deemed necessary by the Planning Board in review of the special use permit application.
D.
No building or other structure or parking, loading or storage area shall be located less than 100 feet from the nearest residential property line or less than 200 feet from the nearest dwelling.
§ 143-86 Airport facilities.
Airport facilities shall be allowed by special permit in the RD3 District, provided that:
A.
The facility shall be sited on a tract of not less than 60 acres. The tract shall include an airport facility existing at the time of enactment of this chapter.
B.
The overall plan for development of the airport property must be depicted on a concept-level master plan for the ultimate use and development of not less than the minimum acreage set forth above, which master plan shall be reviewed and approved by the Planning Board as part of the special use permit review procedure prior to any project-specific application for either site plan approval and/or a building permit related to the affected property. Any subsequent amendment to the master plan must be similarly considered by the Planning Board pursuant to the special use permit review procedure.
C.
The following uses, buildings and other structures shall be eligible for inclusion in the airport property master plan as accessory to the airport runway:
(1)
Off-street parking for automobiles and commercial vehicles.
(2)
Off-street loading areas.
(3)
Emergency ambulance.
(4)
Aircraft tie-downs.
(5)
Fuel sales exclusively in support of airport activity.
(6)
Helicopter port.
(7)
Taxi stand or limousine service.
(8)
Fire pump station.
(9)
Utility services essential to airport operations.
D.
The following uses shall be authorized, to the extent described below, as principal uses, buildings and structures on the site, provided that their ownership, use and location are closely coordinated with airport operations:
(1)
Retail shop for aviation-related supplies, accessories and gifts, not to exceed 2,000 square feet in gross floor area.
(2)
Office and research buildings, not to exceed two stories in height or 10,000 square feet in gross floor area per story.
(3)
Coffee shop.
(4)
Fully enclosed airport maintenance shop facilities.
(5)
Aircraft hangers.
(6)
Aviation and ground schools.
(7)
Weather station.
(8)
Communication center.
(9)
Airplane sales.
(10)
Fabrication, repair, testing and indoor storage of aircraft equipment and parts.
(11)
Accessory signage, not to exceed 50% of that allowable within the Business 2 (B2) District.
E.
The following development standards shall be applicable to all uses, buildings and other structures that are part of the airport facility:
(1)
Building design. To the extent practicable, buildings should exhibit a residential character consistent with the RD3 low-density residential setting. When siting buildings and locating parking areas, tie-downs and related permissible outdoor uses, special consideration should be given to protecting the views and the tranquil environment of neighboring residential property owners through substantial setbacks of not less than 200 feet from any residential property line, maintenance of existing buffers and, where applicable, the introduction of intervening landform and natural vegetation.
(2)
Safety. Airport facility design and the siting of all uses and structures within the airport facility shall meet or exceed all safety standards recommended by the Federal Aviation Administration (FAA) and shall not impede the safe development of adjacent lands for purposes authorized under this chapter.
(3)
Maximum building coverage and minimum open space. The total building coverage within the airport facility shall not exceed 5% of the facility's gross land area. Not more than 30% of the total authorized building coverage may be devoted to office and research buildings. The calculation of building coverage shall include all principal and accessory structures, either permanent or temporary, both wholly and partially enclosed. The minimum maintained open space within the airport facility shall not be less than 65% of the total land area.
§ 143-87 Commercial boarding and/or breeding kennel or animal hospital (unenclosed).
[Amended 7-12-2011 by L.L. No. 3-2011]
Commercial boarding and/or breeding kennels or animal hospitals (unenclosed) shall be allowed by special permit in the AB, RD5, RD3 and B2 Districts, provided that:
A.
Both a boarding and/or breeding kennel and an animal hospital (unenclosed) comply with the following criteria:
(1)
Hours of operation shall be limited to 7:00 a.m. to 8:00 p.m. "Hours of operation" means those hours when dogs are brought to and from the establishment and when dogs are allowed out of cages.
(2)
Buildings housing dogs after hours of operation shall be soundproofed so that noises emitted from the kennel building when measured at any neighboring property line shall not exceed 50 decibels.
(3)
All kennels shall be screened from all adjacent public rights-of-way and property lines with intervening landform, vegetation and/or fencing so as not to be openly visible from said rights-of-way or property lines.
B.
A boarding kennel complies with the following additional standards:
(1)
Minimum site area of 15 acres.
(2)
Maximum lot coverage of 10%.
(3)
Minimum setback of 300 feet from any property line for a dog run or any building intended for the housing of dogs.
(4)
Enclosure of all buildings and/or dog runs used for the housing of dogs by fencing of a type of construction and height, not less than six feet, sufficient to confine any dogs on the premises.
C.
A breeding kennel complies with the following additional standards:
(1)
Minimum site area of 10 acres.
(2)
Maximum lot coverage of 10%.
(3)
Minimum setback of 300 feet from any property line for a dog run or any building intended for the housing of dogs.
(4)
Enclosure of all buildings and/or dog runs used for the housing of dogs by fencing of a type of construction and height appropriate to the general size of the pure-breed dogs being housed, e.g., four-foot height for toy, miniature, small and similar size breeds; six-foot height for medium, large, giant and similarly sized breeds. Fencing shall be sufficient to confine all housed dogs on the premises.
(5)
Maximum number of 12 dogs housed over one year in age, except that additional dogs may be housed if for each four additional dogs one additional acre of land is provided and compliance continues with all other standards applicable to the special use permit.
§ 143-88 Conference centers.
[Amended 6-26-2019 by L.L. No. 5-2019]
Conference centers shall be allowed by special permit in the LD and I Districts, provided that:
A.
The establishment of the conference center facilitates the development of a parcel of not less than 50 acres in low-intensity, nonresidential use while preserving existing buildings through adaptive reuse and/or scenic and natural areas important to the community.
B.
The following design objectives are met:
(1)
The exterior of existing houses, barns and related structures shall be appropriately rehabilitated and restored whenever feasible. Consideration shall be given to quality of original architecture and subsequent modifications, current condition and relationship of the structures to the overall property or area when considering the feasibility of appropriate rehabilitation and/or restoration.
(2)
Formal and informal landscaping, stone walls, entrance gates and similar features shall be preserved whenever feasible.
(3)
New construction shall be sited so as to have a minimum impact on fields, meadows and woodlands. Major grading or changing of topography shall not be permitted.
(4)
Unique natural areas and open spaces such as bays, streams, ponds, marshes, steeply sloped areas, woodlands, etc., shall be preserved.
C.
The maximum floor area of all conference center facilities shall not exceed 5% of the land included in the project proposal.
D.
Access to the facility shall be from a state or county highway or a through Town roadway other than a residential subdivision street.
E.
No building or parking area associated with the conference center shall be located closer than 150 feet to any property line, nor within 250 feet of any neighboring residence.
F.
Adequate water supply and sewage disposal facilities shall be provided in accordance with the requirements of the Town of Red Hook, the Dutchess County Department of Health and the New York State Departments of Health and Environmental Conservation.
§ 143-89 Convenience stores.
[Amended 7-12-2011 by L.L. No. 3-2011; 7-10-2012 by L.L. No. 3-2012; 5-30-2018 by L.L. No. 3-2018]
Convenience stores, as defined in § 143-4 of this chapter, shall be allowed by special permit in the B1 and B2 Districts, provided that:
A.
The maximum gross floor area shall be 2,000 square feet.
B.
Those establishments which sell gasoline in combination with a quick-stop retail food outlet shall:
(1)
Ensure that adequate parking is available on site for customers making purchases at the store but not buying gasoline. This parking area shall be located in such a manner that it does not interfere with the safe entry and exit of vehicles purchasing gasoline.
(2)
Be limited to not more than 12 fuel dispensing nozzles.
C.
The establishment shall:
(1)
Provide an enclosed and suitably screened trash dumpster for disposal of stock packings removed by store employees and other appropriate trash receptacles for customer use on the premises.
(2)
Maintain no outdoor displays of merchandise.
(3)
Locate all vending or ice machines within the building.
(4)
Direct all rooftop heating/ventilation/air-conditioning or refrigeration units away from adjacent residential properties.
§ 143-90 Farmers' markets.
[Amended 7-12-2011 by L.L. No. 3-2011; 5-30-2018 by L.L. No. 3-2018; 6-26-2019 by L.L. No. 5-2019]
Farmers' markets, as defined in § 143-4 of this chapter, shall be allowed by special permit in the AB, HB, B1, and B2 Districts, provided that:
A.
If the farmers' market involves the construction or use of permanent structures or other improvements, including parking surfaces and signage, all applicable standards of this chapter relating to a business use in the HB, B1, or B2 District, as applicable, shall be met, including compliance with the site plan review and approval procedure set forth in Article VII herein.
B.
If the farmers' market involves the use of temporary structures, such as tents or similar shelters, such structures may be erected only during periods of farmers' market activity and may be in place not more than 24 hours prior to or following such sales activity. The display of signage shall be restricted by the same time requirements and limited to on-site locations.
C.
In either case, the farmers' market site shall be maintained in a neat and orderly manner, and no outdoor or other storage of goods, vehicles, temporary structures, signage or other features shall occur on the site except in a wholly enclosed building.
§ 143-91 Gasoline stations and automobile service facilities.
[Amended 7-12-2011 by L.L. No. 3-2011; 7-10-2012 by L.L. No. 3-2012; 5-30-2018 by L.L. No. 3-2018]
Gasoline stations or automobile service facilities shall be allowed by special permit in the B1 and B2 Districts, provided that:
A.
No such establishment shall be located within 200 feet of any school, church, public library, theater, hospital, park, playground or other public gathering place designed for occupancy by more than 50 people.
B.
The area for use by motor vehicles, including display and storage, except access drives thereto, as well as any structures shall not encroach on any required yard area, with it further provided that no building shall be erected closer than 50 feet to any street or lot line or such greater dimension as is required within Article IV of this chapter.
C.
No fuel pump or associated canopy structure shall be located within 25 feet of any lot line or within the required side or front yard, whichever shall be more restrictive. The station layout shall eliminate the necessity of any vehicle backing into a public right-of-way.
D.
Entrance and exit driveways shall total no more than two in number and shall have an unrestricted width of not less than 24 feet nor more than 30 feet and be located no closer than 15 feet to any side lot line.
E.
Gasoline or flammable oils in bulk shall be stored fully underground, in accordance with New York State DEC Part 614 Regulations, and may not be closer than 25 feet to any lot or street line.
F.
All major repair work, storage of materials, supplies and parts shall be located within a structure completely enclosed on all sides, not to be construed as meaning that the doors on any repair shop must be kept closed at all times.
G.
No inoperative motor vehicle shall be kept on the premises for longer than 30 calendar days except in instances where necessary repair parts have been ordered and delivery is awaited. The location of all such inoperative vehicles shall be suitably screened to obscure view from both neighboring properties and public rights-of-way.
H.
In addition to other landscaping requirements established by this chapter, suitable year-round buffering and landscaping shall be provided in all rear and side yards through a mix of deciduous and evergreen planting.[1]
[1]
Editor’s Note: Former Subsection I, regarding placement of fuel pumps in the TND District, which immediately followed this subsection, was repealed 5-30-2018 by L.L. No. 3-2018. This local law also repealed former § 143-91.1, Self-storage warehouse, added 7-12-2011 by L.L. No. 3-2011, which immediately followed Subsection I.
§ 143-92 Lodging.
Lodging facilities shall be allowed by special permit in the AB, LD, HB, B1 and I Districts, provided that:
A.
A lodging facility shall be limited to a maximum of:
(1)
Ten guestrooms in the AB District, unless lot frontage and access to the facility is provided from a state highway, in which case a lodging facility shall be limited to 16 guest rooms;
(2)
Twenty-five guest rooms in the LD and I Districts, provided that lot frontage and access to the facility is provided from a state or county highway;
(3)
Eight guest rooms per acre in the HB and B1 Districts, with a maximum of 25 guest rooms.
B.
The minimum lot area for a lodging facility established through adaptive reuse shall be five acres in the AB, LD and I Districts, and two acres in the HB and B1 Districts.
C.
The minimum lot area for construction of a new lodging facility in the AB, LD and I Districts shall be 15 acres, and two acres in the HB and B1 Districts.
D.
All uses integral to the lodging facility shall either be clearly accessory to the lodging facility, as defined in § 143-4 of this chapter, unless separately permitted as a principal permitted or special permit use within the zoning district in which the lodging facility is proposed. Permitted accessory uses to a lodging facility include:
(1)
Meeting rooms.
(2)
Restaurant open to both its guests and the general public. The total number of seats in its dining room(s) shall not exceed two seats per guest room.
(3)
A health spa.
(4)
Such accessory uses shall not be construed to include a bar, tavern or nightclub open to the general public.
E.
Adequate water supply and sewage disposal facilities shall be provided in accordance with the requirements of the Town of Red Hook, the Dutchess County Health Department and the New York State Department of Health or Environmental Conservation.
F.
No parking area or other improvement associated with the facility shall be located within 50 feet of a property line in the AB, LD, or I Districts. Screening shall be provided by intervening landform and/or vegetation to reduce visual and other impact on neighborhood residential properties.
[1]
Editor's Note: This local law also repealed former § 143-92, Hotel or motel establishments.
§ 143-93 (Reserved) [1]
[1]
Editor's Note: Note: Former § 143-93, Inns, as amended, was repealed 3-8-2016 by L.L. No. 1-2016.
§ 143-94 Office parks.
[Amended 6-26-2019 by L.L. No. 5-2019]
Office parks, as defined in § 143-4 of this chapter, shall be allowed by special permit in the B1 and B2 Districts, provided that:
A.
The overall project site shall be a single parcel with a minimum of eight acres if located within either the B1 or B2 District.
B.
Any individual lot created within an approved office park development shall not be less than 1.5 acres within either the B1 or B2 Districts.
C.
An overall plan, including appropriate material and design guidelines, shall be presented for facility-wide building, landscaping and related improvements. The overall plan shall also describe proposed parcellation, if any, and by location and square footage the intended mix of permissible office, personal service and business service establishments. A program shall also be defined for the allocation of total permissible signage among the various office park tenants and/or occupancies. Said schedule shall, in combination with the standards set forth in § 143-27 of this chapter, serve as the basis for the Zoning Enforcement Officer's consideration of applications for the issuance of individual sign permits within the office park.
D.
Adequate water supply and sewage disposal facilities shall be provided in accordance with the requirements of the Town of Red Hook, the Dutchess County Department of Health and the New York State Departments of Health and Environmental Conservation.
E.
Not less than 40% of the total acreage within the office park shall be comprised of suitably landscaped and maintained open areas.
F.
Proper provision shall be made for the long-term ownership and maintenance of open space and associated landscaping, parking areas, accessways, water supply and sewage disposal facilities, signage, lighting and other features appurtenant to the office park development.
G.
A written statement shall be provided indicating intent as to final ownership, including plans for rental, cooperative, condominium, fee simple sale or some combination. This should include the proposed ownership and maintenance plan for the open space areas and other improvements, as cited above.
H.
A proposed development schedule shall be submitted indicating anticipated dates for the start and completion of construction and occupancy of the one or several phases of the office park project, most particularly including a schedule for the installation of project-wide infrastructure.
I.
A separate special use permit shall not be required for the establishment of individual uses within an office park once a special use permit has been issued by the Planning Board for the office park use in its entirety, provided that such uses are consistent with the office park master plan which accompanied the special permit application, including the further consideration of any modifications or conditions that may have been imposed by the Planning Board in its issuance of the special use permit. Prior to the initiation of any land alteration or building construction within the office park or any authorized parcel, lot, portion or phase thereof, site plan review and approval in accordance with Article VII of this chapter shall, however, be required on a project-specific basis, and if individual building sites are provided, subdivision plat approval shall be required pursuant to Chapter 120, Subdivision of Land.
§ 143-95 Recreational vehicle parks.
Recreational vehicle parks shall be allowed by special permit in RD3 District, provided that:
A.
The minimum lot area shall be 30 acres.
B.
Not more than four tent platforms or two recreational vehicle, camper or travel trailer sites or similar accommodations per gross acre of lot area shall be permitted.
C.
Permitted tent platforms, recreational vehicle, camping or travel trailer sites or similar accommodations may, however, be clustered, provided that each such accommodation shall have at least 8,000 square feet of associated land area, i.e., a maximum net density of 5.4 such sites per acre.
D.
Central water supply and common sewage disposal facilities shall be provided in accordance with the requirements of the Town of Red Hook, the Dutchess County Department of Health and the New York State Departments of Health and Environmental Conservation.
E.
No tent platform, recreation vehicle or camping or travel trailer site, other building or structure location, parking area or recreation facility shall be located closer than 100 feet to any property line, water body or watercourse, nor within 250 feet of any existing neighboring residence. Any such improvements shall additionally be effectively screened by intervening landform and/or vegetation from neighboring properties and public rights-of-way.
F.
Suitable open space areas shall be set aside and maintained for recreation facilities such as swimming pools, court games or other active or passive recreation activities for patron use.
G.
No such facility shall operate prior to May 15 or later than October 15 during any calendar year.
§ 143-96 Restaurants.
[Amended 7-12-2011 by L.L. No. 3-2011]
Restaurants shall be allowed by special permit in the AB and RD3 Districts, provided that:
A.
In the AB District, a restaurant shall be accessory to a lodging facility or farm market and shall meet the setback requirements for such associated uses.
[Amended 3-8-2016 by L.L. No. 1-2016]
B.
In the RD3 District, the minimum setback for any new structure, parking lot or other outdoor facility appurtenant to the restaurant from any property line of an existing residence shall be 100 feet. The intervening area shall be suitably landscaped or maintained and enhanced in its natural state as a visual and noise-deterring buffer.
C.
Access to the restaurant site shall be provided directly from a state or county highway or by a through Town roadway other than a residential subdivision street.
D.
Adequate water supply and sewage disposal facilities shall satisfy all applicable requirements of the Town of Red Hook, the Dutchess County Health Department and the New York State Departments of Health and Environmental Conservation.
§ 143-97 (Reserved) [1]
[1]
Editor’s Note: Former § 143-97, Fast-food or drive-in restaurants, was repealed 5-30-2018 by L.L. No. 3-2018.
§ 143-98 Riding academies or boarding stables.
Riding academies or boarding stables shall be allowed by special permit in the RD5 and RD3 Districts, provided that:
A.
The minimum lot area shall be 10 acres.
B.
The maximum number of horses permitted shall be limited to the keeping of one horse per acre of lot area.
C.
Buildings or other fully enclosed structures associated with the facility shall be located not less than 100 feet from any property line, nor less than 250 feet from any neighboring residence.
D.
No riding ring or manure storage areas shall be located within 100 feet of any lot line, nor shall any manure storage area be located within 100 feet of any stream or other water body or well providing a source of potable water, nor within 200 feet of the nearest neighboring residence.
§ 143-99 Shopping centers in B1 District.
Shopping centers, as defined in § 143-4 of this chapter, shall be allowed by special permit in the B1 District, provided that:
A.
The overall project site is a minimum of eight contiguous acres. Any individual lots (i.e., outparcels) created within the shopping center site shall be not less than 20,000 square feet in area.
B.
The land proposed as a shopping center may be owned by more than one person but shall be considered a single contiguous parcel of land for purposes of special use permit application to the Planning Board. The application shall be submitted jointly by all owners, and if approved, the approval shall be jointly binding on all owners.
C.
An overall plan, including appropriate material and design guidelines, shall be presented for facility-wide building, landscaping, signage and related improvements. The overall plan shall also describe by location and square footage the intended mix of retail, restaurant, office, personal service and business service establishments within the shopping center. A program shall also be defined for the allocation of total permissible signage among the various shopping center tenants and/or occupancies. Said schedule shall, in combination with the standards set forth in § 143-27 of this chapter, serve as the basis for the Zoning Enforcement Officer's consideration of the applications for the issuance of individual sign permits within the shopping center.
D.
Adequate water supply and sewage disposal facilities shall be provided in accordance with the requirements of the Town of Red Hook, the Dutchess County Department of Health and the New York State Departments of Health and Environmental Conservation.
E.
Proper provision shall be made for the long-term ownership and maintenance of open space and associated landscaping, parking areas, accessways, water supply and sewage disposal facilities, signage, lighting and other features appurtenant to the shopping center development.
F.
Required open space shall be distributed throughout the site in accordance with sound site planning practices and the more specific requirements set forth in the Article IV District Schedule of Area and Bulk Regulations,[1] and § 143-26B(2) of this chapter.
[1]
Editor's Note: The schedule has been included at the end of this chapter.
G.
Off-street parking spaces shall be provided at the rate of 5.5 spaces per 1,000 square feet of gross floor area for any shopping center development in excess of 60,000 square feet. In all other cases, parking requirements shall be calculated and parking provided in accordance with the parking schedule set forth in § 143-26B(1) of this chapter.
H.
A proposed development schedule shall be submitted indicating anticipated dates for the start and completion of construction and occupancy of the one or several phases of the shopping center project.
I.
A separate special use permit shall not be required for the establishment of individual uses within a shopping center once a special use permit has been issued by the Planning Board for the shopping center use in its entirety, provided that such uses are consistent with the shopping center master plan which accompanied the special permit application, including the further consideration of any modifications or conditions that may have been imposed by the Planning Board in its issuance of the special use permit. Prior to the initiation of any land alteration or building construction within the shopping center or any authorized outparcel, portion or phase thereof, site plan review and approval in accordance with Article VII of this chapter shall, however, be required on a project-specific basis and, if individual building sites are provided, subdivision plat approval shall be required pursuant to Chapter 120, Subdivision of Land.
J.
Except as otherwise provided herein, all other requirements for development within the B1 District, including but not limited to those minimum requirements set forth in either the Article IV District Schedule of Area and Bulk Regulations[2] or Article V, Supplementary Regulations, shall be strictly met.
[2]
Editor's Note: The schedule has been included at the end of this chapter.
§ 143-100 Theaters for performing arts.
[Amended 5-30-2018 by L.L. No. 3-2018]
Theaters for the performing arts in the I and HB Districts shall be allowed by special permit, provided that:
A.
In the HB District, a theater for performing arts shall be limited to a maximum of 100 persons and shall be located on a site a minimum of two acres.
B.
In the I District, a facility designed for 1,000 or fewer persons may be located on a site of a minimum of 10 acres; a facility with a design capacity in excess of 1,000 persons shall have a minimum site area of 10 additional acres for each additional 500 persons accommodated.
C.
Access to the facility, if designed to accommodate more than 1,000 persons, shall be directly from a state highway. A county or Town roadway, other than a residential subdivision street, may provide suitable access to a facility for 1,000 or fewer persons, if such adequacy is demonstrated through a traffic study of affected roadway links and intersections, including consideration of roadway capacity, sight distance and related factors.
D.
In the I District, all buildings and other structures, parking and outdoor activity areas, including amphitheater seating arrangements, shall have a minimum setback of 150 feet from any property line and 250 feet from any neighboring residence.
F.
In its review of a special use permit application for the establishment of a theater for the performing arts, the Planning Board shall encourage proposals which contribute significantly to other Town land use and development objectives, including the preserving of historically and/or architecturally significant buildings through adaptive reuse or the long-term conservation of scenic and natural areas important to the community.
§ 143-101 (Reserved) [1]
[1]
Editor’s Note: Former § 143-101, Bulk fuel storage and distribution, was repealed 6-26-2019 by L.L. No. 5-2019.
§ 143-102 (Reserved) [1]
[1]
Editor’s Note: Former § 143-102, Collection of spring waters and operation of associated bottling works, was repealed 6-26-2019 by L.L. No. 5-2019.
§ 143-103 Commercial communications receiving and/or transmitting facilities; telecommunications towers.
A.
Commercial communications receiving and/or transmitting facilities shall be allowed by special permit in the AB and RD3 Districts, provided that:
[Amended 7-12-2011 by L.L. No. 3-2011]
(1)
The tower or antenna shall be less than 100 feet in height and shall be not less than 150 feet from any property line.
(2)
The tower or antenna shall be screened from surrounding properties, adjacent property lines or public rights-of-way by intervening vegetation or landform to the extent practicable and without adversely affecting the operation of the tower or antenna.
B.
Telecommunications towers.
[Added 12-23-1998]
(1)
Purpose; exemption.
(a)
The Town of Red Hook, Dutchess County, State of New York, has several important scenic, historic and cultural resources located within its boundaries. These assets are protected through the Town's Master Plan and Zoning Code.
(b)
Recognizing that wireless communication facilities are permitted under Section 704 of the Federal Telecommunications Act of 1996, the Town of Red Hook seeks to protect its community character and minimize the impacts of cell towers through the adoption of a local law regulating these facilities.
(c)
Thus, the governing Board shall be sensitive to watersheds, historic sites, state and locally designated scenic roads, scenic areas of statewide significance and the Hudson River when siting any wireless communication facility.
(d)
The purpose of these supplemental regulations is to promote the health, safety and general welfare of the residents of the Town of Red Hook; to provide standards for the safe provision of telecommunications consistent with applicable federal and state regulations; to minimize the total number of telecommunications towers in the community by encouraging shared use of existing and future towers and the use of existing tall buildings and other high structures; and to minimize adverse visual effects from telecommunications towers by requiring careful siting, visual impact assessment and appropriate landscaping.
(2)
Application of special permit regulations.
(a)
No telecommunications tower, except those approved prior to the effective date of this subsection, shall be used unless in conformity with these regulations. No telecommunications tower shall hereafter be erected, moved, reconstructed, changed or altered unless in conformity with these regulations. No existing structure shall be modified to serve as a telecommunications tower unless in conformity with these regulations.
(b)
Applicants proposing to collocate on a previously approved telecommunications tower do not require a special permit. They are, however, subject to site plan review in accordance with Article VII (§§ 143-113 to 143-123, describing site plan requirements and procedures). The Planning Board may require the applicant to submit any of the items under Subsection B(3)(a) below as part of the site plan review process.
(c)
The regulations shall apply to all property within the following zone: RD3. Telecommunications towers shall be specifically excluded from all other zones.
(d)
Applications for construction of new telecommunications towers shall comply with the Code of Federal Regulations pertaining to objects affecting navigable airspace as delineated within Federal Aviation Regulations (PAR) Part 77. Additionally, no application for construction of a new telecommunications tower will be approved if the proposed tower violates the criteria for obstruction to air navigation as established by FAR Part 77, Subpart c, Obstruction Standards.
(3)
Shared use of existing tall structures. At all times, shared use of existing tall structures (for example municipal water towers, multistory buildings, church steeples, farm silos etc.) and existing or approved towers [see Subsection C(2)(b) above.] shall be preferred to the construction of new towers.
(a)
An applicant proposing to share use of an existing tall structure shall be required to submit:
[1]
A completed application for a special permit.
[2]
Documentation of intent from the owner of the existing facility to allow shared use.
[3]
A site plan. The site plan shall show all existing and proposed structures and improvements, including antennas, roads, buildings, guy wires and anchors, parking and landscaping and shall include grading plans for new facilities and roads. Any methods used to conceal the modification of the existing facility shall be indicated on the site plan.
[4]
An engineer s report certifying that the proposed shared use will not diminish the structural integrity and safety of the existing tall structure and explaining what modifications, if any, will be required in order to certify to the above.
[5]
A completed short EAF and a completed visual EAF addendum.
[6]
A copy of its Federal Communications Commission (FCC) license.
(b)
If an applicant proposing to share use of an existing tall structure submits complete and satisfactory documentation in accordance with Subsection C(3)(a) above and if modifications indicated according to Subsection C(3)(a) are deemed insignificant by the Board, and after the Board conducts a public hearing and complies with all SEQRA provisions, the Board shall grant a special permit without further review under this section. If the Board determines that any modifications indicated according to Subsection C(3)(a) are significant, it may require further review according to Subsection C(8) through (18) below.
(4)
New telecommunications tower. The Board may consider a new telecommunications tower when the applicant demonstrates that shared use of existing tall structures and existing or approved towers is impractical. An applicant shall be required to present an adequate report inventorying all existing tall structures and existing or approved towers within a reasonable distance of the proposed site. This distance shall be determined by the Board in consultation with the applicant. The report shall outline opportunities for shared use of these existing facilities as an alternative to a proposed new tower. The report shall demonstrate good faith efforts to secure shared use from the owner of each existing tall structure and existing or approved towers as well as documentation of the physical, technical and/or financial reasons why shared usage is not practical in each case. Written requests and responses for shared use shall be provided.
(5)
Shared usage of an existing tower site for placement of a new tower. Where shared use of existing tall structures and existing or approved towers is found to be impractical, the applicant shall investigate shared usage of an existing tower site for its ability to accommodate a new tower and accessory uses. Documentation and conditions shall be in accordance with Subsection C(4) above. Any proposals for a new telecommunications tower on an existing tower site shall also be subject to the requirements of Subsections C(7) through (18) below.
(6)
New tower at a new location. The Board may consider a new telecommunications tower on a site not previously developed with an existing tower when the applicant demonstrates that shared use of existing tall structures and existing or approved towers is impractical and submits a report as described in Subsection C(4) above and when the Board determines that shared use of an existing tower site for a new tower is undesirable based upon the applicant's investigation in accordance with Subsection C(5). Any proposal for a new telecommunications tower shall also be subject to the requirements of Subsections C(7) through (18) below.
(7)
New towers: future shared use. The applicant shall design a proposed new telecommunications tower to accommodate future demand for reception and transmitting facilities. The applicant shall submit to the Board a letter of intent committing the owner of the proposed new tower and his/her successors in interest to negotiate in good faith for shared use of the proposed tower by other telecommunications providers; in the future. This letter shall be filed with the Building Inspector prior to issuance of a building permit. Failure to abide by the conditions outlined in the letter may be grounds for revocation of the special permit. The letter shall commit the new tower owner and his/her successors in interest to:
(a)
Respond within 90 days to a request for information from a potential shared-use applicant.
(b)
Negotiate in good faith concerning future requests for shared use of the new tower by other telecommunications providers.
(c)
Allow shared use of the new tower if another telecommunications provider agrees, in writing, to pay reasonable charges. The charge may include, but is not limited to, a pro rata share of the cost of site selection, planning, project administration, land costs, site design, construction and maintenance financing, return on equity and depreciation and all of the costs of adapting the tower or equipment to accommodate a shared user without causing electromagnetic interference.
(8)
Site plan review: submission requirements.
(a)
An applicant shall be required to submit a site plan in accordance with Article VII (§§ 143-113 to 143-123) describing site plan requirements and procedures. The site plan shall show all existing and proposed structures and improvements, including roads, buildings, towers(s), guy wires and anchors, antennas, parking and landscaping and shall include grading plans for new facilities and roads.
(b)
Supporting documentation. The applicant shall submit a complete short EAF, a complete visual Environmental Assessment Form (visual EAF addendum) and documentation on the proposed intent and capacity of use, as well as a justification for the height of any tower and justification for any clearing required. The applicant shall also submit a copy of its Federal Communications Commission (FCC) license.
(9)
Lot size and setbacks. All proposed telecommunications towers and accessory structures shall be located on a single parcel and shall be set back from abutting parcels and street lines a distance sufficient to substantially contain on-site all ice fall or debris from tower failure and preserve the privacy of any adjoining residential properties.
(a)
Lot size of parcels containing a tower shall be determined by the amount of land required to meet the setback requirements. If the land is to be leased, the entire area required shall be leased from a single parcel unless the Board determines that this provision may be waived.
(b)
Telecommunications towers shall comply with all existing setback requirements of the underlying zoning district or shall be located with a minimum setback from any property line equal to 1/2 of the height of the tower, whichever is greater. Accessory structures shall comply with the minimum setback requirements in the underlying zoning district.
(10)
Visual impact assessment. The Board shall require the applicant to undertake a visual impact assessment which may include:
(a)
A Zone of Visibility Map shall be provided in order to determine locations where the tower may be seen.
(b)
Pictorial representations of before and after views from key viewpoints, both inside and outside of the Town, including, but not limited to: state highways and other major roads, state and local parks, other public lands, preserves and historic, sites normally open to the public and from any other location where the site is visible to a large number of visitors or travelers. The Board shall determine the appropriate key sites at a presubmission conference with the applicant.
(c)
Assessment of alternative tower designs and color schemes, as described in Subsection C(11) below.
(d)
Assessment of the visual impact of the tower base, guy wires, accessory buildings and overhead utility lines from abutting properties and streets.
(11)
New tower design. Alternative designs shall be considered for new towers, including lattice and single pole structures. The design of a proposed new tower shall comply with the following:
(a)
Any new tower shall be designed to accommodate future shared use by other telecommunications providers.
(b)
Unless specifically required by other regulations, a tower shall have a finish (either painted or unpainted) that minimizes its degree of visual impact.
(c)
The maximum height of any new tower shall not exceed that which shall permit operation without artificial lighting of any kind or nature, in accordance with municipal, state and/or federal law and/or regulation. The Board, at its discretion, may modify this requirement if the applicant can justify the need to exceed this height limitation.
(d)
The Board may request a review of the application by a qualified engineer in order to evaluate the need for and the design of any new tower. The cost of this review shall be borne by the applicant.
(e)
Accessory structures shall maximize the use of building materials, colors and textures designed to blend with the natural surroundings.
(f)
No portion of any tower or accessory structure shall be used for a sign or other advertising purpose, including, but not limited to; company name, phone numbers, banners and streamers.
(12)
Existing vegetation. Existing on-site vegetation shall be preserved to the maximum extent possible. No cutting of trees exceeding four inches in diameter (measured at a height of four feet off the ground), shall take place prior to the approval of the special permit.
(13)
Screening. Deciduous or evergreen tree plantings may be required to screen portions of the tower and accessory structures from nearby residential property as well as from public sites known to include important views or vistas. Where a site abuts a residential property or public property, including streets, screening shall be required.
(14)
Access. Adequate emergency and service access shall be provided. Maximum use of existing roads, public or private, shall be made. Road construction shall, at all times, minimize ground disturbance and vegetation cutting to within the toe of fill, the top of cuts or no more than 10 feet beyond the edge of any pavement. Road grades shall closely follow natural contours to assure minimal visual disturbance and reduce soil erosion potential.
(15)
Parking. Parking shall be provided to assure adequate emergency and service access. The Board shall determine the number of required spaces based upon a recommendation from the applicant. No parking space shall be located in any required yard.
(16)
Fencing. The tower and any accessory structures shall be adequately enclosed by a fence, the design of which shall be approved by the Board. This requirement may be waived by the Board if the applicant demonstrates that such measures are unnecessary to ensure the security of the facility.
(17)
Removal. The applicant shall submit to the Board a letter of intent committing the tower owner and his/her successors in interest to notify the Building Inspector within 30 days of the discontinuance of use of the tower. This letter shall be filed with the Building Inspector prior to issuance of a building permit (assuming the telecommunications tower is approved according to this subsection). Obsolete or unused towers and accessory structures shall be removed from any site within four months of such notification. Failure to notify and/or to remove the obsolete or unused tower in accordance with these regulations shall be a violation of this chapter and shall be punishable according to Article IX, § 143-132), Actions and procedures; and § 143-133, Penalties for offenses.
(18)
Intermunicipal notification for new towers. In order to keep neighboring municipalities informed and to facilitate the possibility of directing that an existing tall structure or existing telecommunications tower in a neighboring municipality be considered for shared use and to assist in the continued development of County 911 Services, the Board shall require that:
(a)
An applicant who proposes a new telecommunications tower shall notify, in writing, the legislative body of each municipality that borders Red Hook, the Dutchess County Planning Board and the Director of Dutchess County Emergency Services. Notification shall include the exact location of the proposed tower and a general description of the project, including, but not limited to, the height of the tower and its capacity for future shared use.
(b)
Documentation of this notification shall be submitted to the Board at the time of application.
§ 143-104 Extractive operations, including soil mining.
[Amended 6-26-2019 by L.L. No. 5-2019]
A.
Extractive operations. The Town of Red Hook regulates soil mining operations involving the removal of minerals in amounts of less than 100 tons or 75 cubic yards of minerals (whichever is less) over 12 successive months. Removal of minerals in amounts greater than 100 tons or 75 cubic yards over 12 successive months is prohibited in the Town of Red Hook.
(1)
Applicability. Extractive operations may be permitted, subject to the approval of an application for a special use permit and site plan review and approval from the Planning Board.
(2)
Exempt activities. The following activities are exempt from the need to obtain an extractive operation special use permit and site plan review and approval:
(a)
Agricultural activities, pursuant to generally acceptable agricultural practices as defined by the New York State Department of Agriculture and Markets for farms, and where soil or other minerals are to be used for grading, improving or draining, and where the soil or other mineral is to be replaced on the same site; or
(b)
Excavation and extraction activities that affect less than 25 tons or 20 cubic yards of minerals (whichever is less) within any parcel during any 12 consecutive month period; or
(c)
Excavation for the sole purpose of building a pond or lake in which the material is retained on the same site; or
(d)
Excavation for building construction, sewage disposal systems or other activities of limited duration, for example swimming pools or graves; or
(e)
Customary gardening and landscaping activities on a parcel, including maintenance of such gardening and landscaping; or
(f)
Excavation for the purposes of underground utility installation; or
(g)
Excavation for the purposes of building and maintaining roads.
(3)
Additional special use permit application materials. In addition to the materials required by Article VI of the Zoning Law, the following materials shall be submitted to and approved by the Planning Board as a condition to the issuance of a special use permit for extractive operations:
(a)
Erosion control. A soil erosion and sediment control plan that prevents sedimentation of surface and ground waters and which is in compliance to the greatest extent practicable with the "New York State Standards and Specifications for Erosion and Sediment Control."
(b)
Highway Superintendent. A written recommendation from the Highway Superintendent. The recommendation shall include any special conditions which prevent damage to Town roadways from truck traffic associated with the excavation activities. Restrictions may include but are not limited to restricting truck traffic routes and/or posting of a performance bond for damage to Town roads. Failure of the Highway Superintendent to render a written recommendation within 30 days after receipt by the Highway Superintendent of the special use permit application shall be construed as "no comment" on an application.
(c)
Town Conservation Advisory Council. The Conservation Advisory Council shall be responsible for review of the extractive operation application as follows:
[1]
The Planning Board shall refer the extractive operation permit application to the Town Conservation Advisory Council (CAC) for an advisory opinion, which shall make its recommendations, if any, in writing to the Planning Board within 30 days of receipt by the CAC. Failure of the CAC to render an advisory opinion within 30 days after its receipt of the application shall be construed as no comment on an application.
(d)
Wetlands, water bodies, and floodplains. A wetland delineation, if a wetland is present on the parcel or property where the excavation activity is proposed. The boundaries of all watercourses and other water bodies shall be the mean high water mark. In determining the boundary of wetlands, water bodies or watercourses on adjoining properties that are not under the control of the applicant, where no professional field delineation exists, property maps in common use may be relied upon. Such maps include, but are not limited to the New York State Department of Environmental Conservation's Freshwater Wetland maps on file with the Town, the United States Fish and Wildlife Service's National Wetlands Inventory, and the New York State Department of Environmental Conservation Resource Mapper. Floodplains shall be from the Federal Emergency Management Agency's National Flood Insurance flood maps.
(e)
Remediation plan. A remediation plan which describes proposals for the conduct of the applicant's activities and which incorporates all special conditions approved in conjunction with the special use permit to be issued by the Planning Board. The remediation plan shall address the restoration of each one acre excavation area. Such remediation plan shall include restoring the topsoil and vegetative cover and/or reuse of the area. The remediation plan shall be completed within six calendar months after termination of the extractive operation or other soil mining activity and shall include, but not be limited to, restoration of the premises by grading, seeding, liming, fertilizing, and sodding so that the premises are left in a safe and attractive condition commensurate with the surrounding landscape. Insofar as it is practical, the plan will provide for the return of the premises to slopes of less than one vertical foot per three horizontal feet, to eliminate gullies and holes. The applicant shall furnish financial security to ensure performance of restoration in accordance with the approved remediation plan. The goal of the restoration shall be to ensure that the land impacted by the excavation activity is properly restored and available for productive use. Restoration shall be required prior to commencement of any additional extractive operation on the parcel under the existing special use permit or any new extractive operation special use permit.
(f)
Prohibited activities:
[1]
No blasting, crushing, screening, or mixing of stone and gravel with asphaltic oils or other binders shall occur as part of an extractive operation. Materials shall not be imported from other locations to the site for processing or resale.
[2]
Extractive operations involving hard rock and hard rock quarrying are prohibited.
[3]
Removal of prime farmland soils and soils of statewide significance to off-site locations shall be prohibited.
(g)
Screening and fencing.
[1]
Visual screening, including berms, plantings and/or fencing shall be provided within the buffer area when sufficient natural vegetation and/or topography is not present to provide a visual barrier to the extraction operation.
[2]
Protective fencing shall be required to prevent access and protect public health and safety.
(h)
Buffers. In order to mitigate the visual impact and the impact to public health, safety, and the environment, the Planning Board may increase the required buffer areas where it finds that a particular buffer is inappropriate. When the Planning Board modifies a required buffer area it shall make a written finding explaining the necessity for such modification.
(i)
No excavation activity shall occur within a minimum buffer of 200 feet, measured horizontally, of the boundary of any wetland, water body or watercourse whether or not such wetland, water body or watercourse is located on the parcel or property where the excavation activity is proposed to occur.
(j)
No excavation activity shall occur within a minimum buffer of 200 feet, measured horizontally, between any portion of the excavation area and any activities related to the excavation and all property boundaries and public roads or public rights-of-way.
(k)
No excavation activity shall occur within a minimum buffer area of 400 feet, measured horizontally, of any off-site residential and commercial buildings, schools, public parks and recreation areas, and within areas clearly visible from public roads when visual screening is not possible.
(l)
Site considerations shall include avoidance to the greatest extent practicable of operating areas within aquifer protection zones.
(m)
Stockpiling of materials shall be located at least 100 feet back from public roads and property lines and shall be suitably stabilized with erosion controls to prevent sedimentation of surface waters.
(n)
A time schedule for completion of either the entire operation or, if excavation is to occur in stages, of each stage of the operation shall be submitted for approval. The Planning Board may include an expiration date or a required renewal interval for the special use permit, based upon the time schedule in accordance with § 143-112C(4) of the Zoning Law.
(o)
An operations plan shall carefully consider the number, size and type of trucks (including the number of axles) and other machinery to be used on the site including their respective noise levels, the routing of trucks from the mine site, and the hours of operation, all of which are subject to approval by the Planning Board.
(p)
A performance guarantee (performance bond or escrow deposit) to assure rehabilitation is provided, upon recommendation of the Planning Board and Town Engineer, in an amount and form satisfactory to the Town Board and the Town Attorney.
§ 143-105 Light industrial parks.
[Amended 6-26-2019 by L.L. No. 5-2019]
Light industrial parks shall be allowed by special permit in the B2 District, provided that:
A.
The overall project site shall be a single parcel with a minimum of 10 acres.
B.
Any individual lot created within an approved light industrial park shall not be less than 1.5 acres.
C.
An overall plan, including appropriate material and design guidelines, shall be presented for facility-wide building, landscaping, signage and related improvements. The overall plan shall also describe proposed parcellation, if any, and by location and square footage the intended mix of light manufacturing uses, wholesale business and business service establishments within the light industrial park. A program shall also be defined for the allocation of total permissible signage among the various light industrial park tenants and/or occupancies. Said schedule shall, in combination with the standards set forth in § 143-27 of this chapter, serve as the basis for the Zoning Enforcement Officer's consideration of applications for the issuance of individual sign permits within the light industrial park.
D.
Adequate water supply and sewage disposal and other pollution control facilities shall be provided in accordance with the requirements of the Town of Red Hook, the Dutchess County Department of Health and the New York State Departments of Health and Environmental Conservation.
E.
Proper provision shall be made for the long-term ownership and maintenance of open space and associated landscaping, parking areas, accessways, water supply and sewage disposal facilities, signage, lighting and other features appurtenant to the office park development.
F.
A proposed development schedule shall be submitted indicating anticipated dates for the start and completion of construction and occupancy of the one or several phases of the light industrial park project, most particularly including the schedule for installation of project-wide infrastructure.
G.
A separate special use permit shall not be required for the establishment of individual uses within the light industrial park once a special use permit has been issued by the Planning Board for the light industrial park use in its entirety, provided that such uses are consistent with the light industrial park master plan which accompanied the special permit application, including the further consideration of any modification or conditions that may have been imposed by the Planning Board in its issuance of the special use permit. Prior to the initiation of any land alteration or building construction within the light industrial park or any authorized parcel, lot, portion or phase thereof, site plan review and approval in accordance with Article VII of this chapter shall, however, be required on a project-specific basis, and if individual building sites are provided, subdivision plat approval shall be required pursuant to Chapter 120, Subdivision of Land.
H.
Except as otherwise provided herein, all other requirements for development within the B2 District as applicable to the specific project, including but not limited to those minimum requirements set forth in either the Article IV District Schedule of Area and Bulk Regulations or Article V, Supplementary Regulations, shall be strictly met.
§ 143-106 Sawmills and related facilities.
[Amended 7-12-2011 by L.L. No. 3-2011]
Sawmills and related facilities shall be allowed by special permit in the AB and RD3 Districts, provided that:
A.
The minimum lot area shall be 25 acres.
B.
All elements of the sawmill, including storage areas for logs and sawn lumber; bark, sawdust and other waste materials; buildings; and equipment areas shall be screened by existing landform and/or vegetation from the direct view of abutting residential properties and public roadways.
C.
All buildings or other structures and all equipment or storage areas associated with the sawmill shall be located not less than 150 feet from any property line, nor less than 300 feet from any neighboring residence.
D.
No storage area for logs, sawn lumber or waste materials shall be located within 100 feet of any stream, other water body or well providing a source of potable water.
E.
Access to the sawmill shall be provided directly from a state or county highway or by a through Town roadway other than a residential subdivision street.
§ 143-107 Boat clubs, docks and boat ramps.
[Amended 2-11-2025 by L.L. No. 1-2025]
Boat clubs, docks and boat ramps shall be allowed by special permit in the WC, LD, H and I Districts, provided that:
A.
All new boat clubs, including associated docks and boat ramps or expansion of existing boat clubs, including associated docks and boat ramps, shall include sufficient parking, park-like surroundings, adequate water supply and restroom facilities for guests and employees.
B.
Rainfall runoff becomes polluted with oils, greases, organic and inorganic wastes and other potentially harmful substances. It is the intent of the Town to limit, to the extent feasible, the introduction of these contaminants into the affected surface waters. Therefore, new parking areas shall utilize porous pavements or other approved measures to reduce rainfall runoff. New boat clubs, docks and boat ramp projects must incorporate best management practices in their design, including but not limited to the following:
(1)
Pervious land surface and vegetative cover shall be integrated into the design of stormwater management facilities to prevent polluted waters from reaching adjacent waters and wetlands. Runoff shall be directed away from adjacent waters and wetlands to the extent feasible by site grading or other methods.
(2)
Runoff from parking lots and other paved surfaces shall be treated in a manner that prevents oils, grease and detergents from reaching adjacent waters and wetlands. Accepted treatment methods include bioretention basins, retention areas and exfiltration systems or as required under the State Pollutant Discharge Elimination System.
C.
New boat clubs, docks and boat ramps shall be located in areas where minimal physical attributes required by boat clubs, docks and boat ramps already exist and where minimal initial and subsequent maintenance dredging will be required. Such physical attributes include sediment transport and sufficient tidal action to promote flushing. Dredging shall be limited to the minimum dimensions necessary for the project and restricted to the periods that will not interfere with fish and wildlife habitats. No other excavation is permitted. New boat clubs, docks and boat ramps shall not be permitted in areas that would require frequent maintenance dredging that would harm aquatic life, submerged aquatic vegetation, or would prevent the relocation of benthic organisms. Such areas would include those which require maintenance dredging more often than once every five years.
D.
Piers, docks, and other submerged structures including piles shall be designed and constructed to minimize impacts upon water quality, fish and wildlife, and public health. New York State standards and guidelines for treated wood in aquatic environments shall be incorporated into site plans. Additional guidance to be incorporated in project plans includes the United States Department of Agriculture Forest Service in a publication entitled "Guide for Minimizing the Effect of Preservative-Treated Wood on Sensitive Environments" General Technical Report FPL-GTR-122. The underwater portions of piers and docks, including piles, shall not be constructed using creosote-treated lumber.
E.
Marine pump out facilities and marine fuel facilities are not permitted.
F.
Mooring of vessels is not permitted within 1,500 feet of the shoreline except for recreational vessels where the vessel does not exceed 40 feet, mooring is not more than 30 days, and use does not include living or sleeping quarters, and subject to any applicable state and federal permits.
G.
The Planning Board may require a secured bond or money in escrow that will be sufficient to hire an independent contractor to complete any conditions imposed or to effect any limitations or to restore the project area to its original condition in the event of a failure by the applicant to comply with the conditions or limitations of the special permit.
§ 143-107.1 Micro hydropower facility.
[Added 10-12-2021 by L.L. No. 4-2021]
Micro hydropower facilities shall be allowed by special permit in the Waterfront Conservation (WC) District, provided that:
A.
A micro hydropower facility may be either a principal use or an accessory use. The special permit shall specify whether the use is principal or accessory.
B.
A micro hydropower facility shall not count toward the number of principal or accessory uses permitted on the property.
C.
A micro hydropower facility shall demonstrate compliance with the requirements set forth in § 143-30 of this chapter, but without the need for a separate special permit.
E.
A micro hydropower facility shall be exempt from the requirements set forth in§ 143-47D(1).
G.
A micro hydropower facility and the associated micro hydropower equipment shelter shall be exempt from the extraordinary front yard setback requirement set forth in § 143-48B(1), and shall comply with the regular setback standards to the extent practicable.
H.
A micro hydropower facility shall only be permitted to operate as run-of-river; no change in impoundment size or of the river flow post-bypass shall be permitted, with the exception of changes resulting from the use of flashboards as expressly permitted by the New York State Department of Environmental Conservation, pursuant to the Environmental Conservation Law and the regulations thereunder.
I.
Turbines, generators, and other equipment that emits noise from a bypass generation micro hydropower facility shall be housed in a micro hydropower equipment shelter or shall be housed in sound-insulated materials to mitigate impacts of noise. Such equipment shall comply with the applicable limits provided in Chapter 92 except to the extent that ambient noise levels are determined to exceed such limits and in such case the noise taking into account the turbines, generators, and other equipment associated with a micro hydropower facility shall not exceed ambient noise levels by more than 5 dBA.
J.
Any equipment shelters and unenclosed equipment, machinery, and utility infrastructure associated with a micro hydropower facility shall be provided with a fence, screen, and/or landscaping, where deemed necessary by the Planning Board, sufficient to protect public safety and to screen such equipment from view year-round from existing residences, adjoining properties, and public rights-of-way. The retention and enhancement of existing vegetation, the introduction of substantial new vegetation, and the introduction of earthen beaming shall be considered the preferred means to satisfy these screening requirements. Any required fences, screens, and landscaping installed in accordance with this section shall, as a condition of the special permit, be maintained in good order to achieve the objectives stated herein throughout the duration of the use. The Planning Board shall determine the types of plant materials and depth of the needed buffer based on site conditions.
K.
Adequate access for service vehicles shall be provided. Existing roads, driveways, or trails are the preferred method of providing access. Road construction, where required, shall minimize ground disturbance and cutting of vegetation to the maximum extent practicable. Road grades shall closely follow natural contours to assure minimal visual disturbance and reduce the potential for soil erosion.
L.
A micro hydropower facility shall provide for the safe, timely, and effective upstream and downstream passage of migratory fish to the extent determined by the Planning Board consistent with federal and state laws in order to allow for the continuation of healthy and sustainable fish and other wildlife resources in areas affected by the facility.
M.
All power transmission lines shall, to the extent practicable, be located underground in accordance with National Electrical Code standards.
N.
Each special permit application submitted for the establishment of a micro hydropower facility shall include identification of any necessary federal, state, or county permits, copies of all such permit applications, and copies of all related correspondence between the applicant and the permitting agency or agencies. A micro hydropower facility shall obtain all necessary permits from such agencies as a condition of special permit approval.
§ 143-108 Single-family dwelling units related to principal institutional or business uses.
Single-family dwelling units related to principal institutional or business uses and located on the same premises shall be allowed by special permit in all zoning districts except WC, provided that:
A.
The explicit written approval of the Town Zoning Enforcement Officer and the Town Building Inspector shall be obtained for the design, location, access and other safety-related elements of such dwelling unit in accordance with the requirements of the New York State Uniform Fire Prevention and Building Code. No such dwelling unit shall be permitted over gasoline stations, stores retailing flammable or fume-producing goods, restaurants or other businesses with kitchens or other facilities producing intense heat.
B.
The habitable floor area of such dwelling unit shall be at least 500 square feet. The dwelling unit shall contain all services for safe and convenient habitation meeting the New York State Uniform Fire Prevention and Building Code and shall be served by water supply and sewage disposal facilities acceptable to the Town of Red Hook and the Dutchess County Health Department.
C.
There shall be no more than one such dwelling unit created or maintained in any single building or on any single premises.
D.
The dwelling unit shall have a separate access to the outside of the building, which must be distinct from the access to the business or institutional use.
E.
The dwelling unit shall have two designated off-street parking spaces meeting the standards of this chapter, conveniently located for access to the dwelling unit.
F.
Suitably landscaped outdoor open space shall be maintained for the use and beneficial enjoyment of the residents of the dwelling unit.
G.
The dwelling unit or any proprietary or other interest therein shall not be sold to the tenant or any other party except as part of a sale of the entire building in which the dwelling unit is located.
§ 143-109 Farm Markets 2.
[Amended 5-30-2018 by L.L. No. 3-2018]
Farm Markets 2 in the LD, RD5, RD3, R1.5, HB, B1 and B2 Districts shall be allowed by special permit, provided that:
A.
The criteria established in the definition set forth in § 143-4 of this chapter are strictly met.
B.
The further criteria set forth in § 143-41B(2) of this chapter are met.
C.
The facility is restricted to a maximum of 1,000 square feet of retail floor area.
§ 143-110 Housing for Farm Principals and Employees 2.
Housing for Farm Principals and Employees 2 in the LD, RD5, RD3, R1.5 and I Districts shall be allowed by special permit, provided that:
A.
The housing shall be provided exclusively for principals and employees, and families of principals and employees, who gain their primary income from employment on the farm parcel by the host farm on a full-time year-round basis.
B.
The housing shall be supported by water supply and sewage disposal facilities deemed suitable by the Dutchess County Health Department.
C.
The housing shall be in compliance with the applicable provisions of the New York State Uniform Fire Prevention and Building Code and all other applicable laws, ordinances and regulations.
D.
The housing shall be located on the farm parcel no closer to the front property line or any street line than the principal farm dwelling and shall meet all other setback requirements set forth in the District Schedule of Area and Bulk Regulations[1] for a principal dwelling in the zoning district.
[1]
Editor's Note: The schedule has been included at the end of this chapter.
E.
Each house site and related water supply and sewage disposal facilities shall be located so that the house site could be legally subdivided from the farm parcel in strict accordance with the requirements of Chapter 120, Subdivision of Land, this chapter and the applicable water supply and sewage system design and approval requirements of the Dutchess County Department of Health.
§ 143-110.1 Agricultural product distribution center (wholesale).
[Added 7-12-2011 by L.L. No. 3-2011]
Agricultural product distribution center (wholesale) in the AB District shall be allowed by special permit, provided that:
A.
The minimum lot area shall be 50 acres.
B.
The site shall have both frontage and direct and usable access on a state highway.
C.
No building, parking area or authorized outdoor storage of material, equipment or vehicles shall be located closer than 150 feet to any property line nor within 250 feet of any neighboring residence, and any such building, parking area or outdoor storage area shall be effectively screened by intervening landform and/or vegetation from neighboring properties and public rights-of-way.
D.
Maximum lot coverage shall be 5% of the total site area.
E.
Maximum building height shall be two stories or 35 feet, whichever is more restrictive.
F.
Adequate water and sewage disposal facilities shall be provided in accordance with the requirements of the Town of Red Hook, the Dutchess County Department of Health and the New York State Departments of Health and Environmental Conservation.
§ 143-111 Standards within Flood-Fringe Overlay (FF-O) District. [1]
A.
All uses proposed within the Flood-Fringe Overlay (FF-O) District shall be considered special permit uses subject to review by the Planning Board for compliance with the following additional standards, as shall be certified to by a registered architect or licensed professional engineer:
(1)
All structures shall be designed and anchored to prevent flotation, collapse or lateral movement due to floodwater-related forces.
(2)
All construction materials and utility equipment used shall be resistant to flood damage.
(3)
Construction practices and methods shall be employed which minimize potential flood damage, including the requirement that all structures and other improvements be designed to withstand hydrostatic pressure, erosion and seepage to an elevation not less than the one-hundred-year-flood elevation.
(4)
Adequate drainage shall be provided to reduce flood hazard exposure.
(5)
All public utilities and facilities shall be located and constructed to minimize or eliminate potential flood damage.
(6)
All water supply and sanitary sewage systems shall be designed to minimize or eliminate floodwater infiltration or discharges into the floodwaters, including the provision that on-site sewage systems shall be located so as to avoid impairment of them or contamination from them during flooding.
(7)
All new residential construction or substantial improvements to residential structures shall have the lowest floor, including basement, elevated to at least two feet above the water level of the one-hundred-year flood.
(8)
All new nonresidential construction or substantial improvements to such nonresidential structures shall have their lowest floor, including basement, elevated to at least two feet above the water level of the one-hundred-year flood or, as an alternative, be floodproofed up to the same water level, including attendant utility and sanitary facilities.
(9)
No use shall be permitted, including fill, dredging or excavation activity, unless the applicant has demonstrated that the proposed use, in combination with all other existing and anticipated uses, will not raise the water level of the one-hundred-year flood more than one foot at any point.[2]
[2]
Editor's Note: Former Subsection A(10), which immediately followed this subsection and dealt with storage of injurious materials and equipment, was repealed and subsequent subsections were renumbered 7-11-1995 by L.L. No. 1-1995.
(10)
A record of all necessary permits from state or county agencies from which approval is required shall be provided.
(11)
Plans shall be submitted showing such information as may be necessary to determine the suitability of the particular site for the proposed development or use, which information shall include but not be limited to the following:
(a)
The location of the lot or construction site in relation to affected watercourses or other bodies of water, boundaries of the Flood-Fringe Overlay (FF-O) District, topography of the site with elevations in relation to mean sea level, existing and proposed buildings and other structures, fill, drainage facilities and the location and description of any materials proposed to be stored within the FF-O District on either a permanent or temporary basis incidental with the proposed project.
(b)
The elevation in relation to mean sea level of the lowest floor, including basement, of all existing and proposed structures.
(c)
The elevation in relation to mean sea level to which any nonresidential structure is proposed to be floodproofed, together with its attendant utility and sanitary facilities.
(d)
Details of how any nonresidential floodproofed structure meets or exceeds essential floodproofing standards, i.e., that floodproofing occurs so that below the base flood level the structure is watertight, with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and the effects of buoyancy.
(e)
Documentation that any nonresidential principal structure or any residential structure intended for habitation, whether termed a principal structure or an accessory structure by this chapter, has at least one access route from a public road, street or highway which is wholly above the one-hundred-year-flood elevation and which route can be used for access by emergency equipment and for the evacuation of persons.
(f)
A description of the extent to which any watercourse will be altered or relocated as a result of the proposed development.
B.
Any special permit issued for a use proposed within the Flood-Fringe Overlay (FF-O) District shall satisfy any further criteria set forth in Chapter 77, Flood Damage Prevention, and shall include as a condition the additional requirement that certification by a registered architect or licensed professional engineer of as-built compliance with the approved plans be submitted to the Zoning Enforcement Officer prior to either use of the property or the issuance of a certificate of occupancy for the intended use or structure. Copies of this certification shall be maintained by the Building Inspector as a permanent public record available for inspection.
§ 143-112 Permit procedure.
A.
Special use permit application procedure. The Planning Board shall review and act on all special permit uses in accordance with the procedure specified herein:
(1)
Application and fee. All applications made to the Planning Board shall be in writing, on forms and in accordance with the schedule prescribed by the Board and, in order to be considered complete, shall, except as may be waived by the Planning Board on a case-by-case basis due to the minor nature of the specific request, include the following:
(a)
A preliminary site plan which demonstrates the overall site layout and building locations, parking areas, access and egress locations, setbacks and buffer areas, lighting, landscaping, signage and the location and extent of existing development on adjacent parcels.
(b)
Preliminary building plans and elevation illustrating proposed building construction and alteration, including an indication of exterior materials, textures and colors.
(c)
Payment of the applicable fee in accordance with the fee schedule established and annually reviewed by the Town Board.
(d)
Either a short or full environmental assessment form as required by the Planning Board pursuant to the State Environmental Quality Review Act (SEQRA), Article 8 of the Environmental Conservation Law, and 6 NYCRR 617.
(e)
Any other information deemed helpful by the applicant or necessary by the Planning Board to explain the nature of the proposed use and its consistency with the standards established by this chapter for special permit uses.
(2)
Public notice and hearing. The Planning Board shall within 45 calendar days of the receipt of the complete application conduct a public hearing on any such special permit application. The Planning Board shall provide a copy of the notice of said hearing to the applicant, and at which hearing, he shall appear in person or by agent. The Board shall additionally provide notice as follows:
(a)
By publishing at least five calendar days prior to the date thereof a legal notice in the official newspaper of the Town.
(b)
By requiring the Secretary of the Planning Board to provide notice of the public hearing and data regarding the substance of the application by certified mail, return receipt requested, to the owners of all property abutting that held by the applicant and all other owners within 200 feet of the land involved in such application. Notice shall be mailed at least 10 calendar days prior to the hearing, with compliance with the notification procedure certified to by the Secretary or other designated Town employee. The Town shall charge the applicant either a flat rate or a stated amount per notice for satisfying this requirement.
[1]
The names and addresses of owners notified shall be taken as such appear on the last completed tax roll of the Town.
[2]
Provided that there has been substantial compliance with these provisions, the failure to give notice in exact conformance herewith shall not be deemed to invalidate an action taken by the Planning Board in connection with granting or denying a special permit application.
(c)
If the land involved in the application lies within 500 feet of the boundary of any other municipality, the Secretary of the Planning Board shall also mail at least five calendar days prior to the public hearing to the Municipal Clerk of such other municipality or municipalities a copy of the notice of the substance of every application, together with a copy of the official notice of such public hearing.
(3)
Consultant review. In its review of an application for special use permit, the Planning Board may consult with the Town Zoning Enforcement Officer and/or Building Inspector, the Superintendent of Highways, the Conservation Advisory Council, the Design Review Committee, the Town Water Board, the Dutchess County Health Department, other local and county officials and its designated private planning and engineering consultants, in addition to representatives of state agencies including but not limited to the State Department of Transportation, the State Health Department and the Department of Environmental Conservation.
(4)
Required referral. A full statement of any special use permit application that meets the referral requirements of §§ 239-l and 239-m of the General Municipal Law shall also be referred prior to the public hearing to the Dutchess County Department of Planning for its review. No action shall be taken by the Planning Board on such application until an advisory recommendation has been received from said County Department of Planning or 30 calendar days have elapsed since the Department received such full statement. In the event that the Dutchess County Department of Planning recommends disapproval of the proposal or recommends modification thereof, the Planning Board shall not act contrary to such disapproval or recommendation except by a vote of a majority plus one of all the members after the adoption of a resolution fully setting forth the reasons for such contrary action. Within seven calendar days after such final action, the Planning Board shall file a report of the final action it has taken with the County Department of Planning.
(5)
Decisions. Every decision of the Planning Board with respect to a special use permit application shall be made by resolution within 90 calendar days of receipt of the completed application to the Board or within 45 calendar days of the public hearing, which resolution shall clearly state the decision, including findings, and any conditions attached thereto. Each such decision shall be filed in the office of the Town Clerk within five calendar days thereof. Certified copies shall also be sent to the applicant and to the Town's Zoning Enforcement Officer and Building Inspector.
B.
Escrow deposit for development review costs. Reasonable and necessary costs incurred by the Planning Board for professional review of an application shall be charged to the applicant pursuant to Chapter 70 of the Red Hook Town Code.
[Amended 1-15-2008 by L.L. No. 2-2008]
C.
Effect of special use permit approval.
(1)
In addition to compliance with all other applicable provisions of this chapter and all other local, county and state laws, rules and regulations, no building permit shall be issued for any structure regulated by this article until such special use permit has received Planning Board approval and a copy of a resolution to that effect has been presented to the Building Inspector.
(2)
No certificate of occupancy shall be issued for any structure or use of land covered by this article until the structure is completed or the land developed in strict accordance with the Planning Board resolution of special use permit approval and other applicable requirements of this chapter.
(3)
Any use for which a special use permit may be granted shall be deemed a conforming use in the zoning district in which it is located, provided that such special use permit shall be deemed to affect only the lot or portion thereof for which such special use permit has been granted.
(4)
The Planning Board may require in its resolution of approval that a special use permit be renewed periodically. Such renewal may be withheld only after public hearing and upon specific determination by the Planning Board that such conditions as may have been prescribed in conjunction with the issuance of the original permit have not been or are no longer being complied with. In such cases, a period of 60 calendar days shall be granted for full compliance by the applicant prior to consideration of the revocation of the special use permit.
(5)
The granting of a special permit in the Flood-Fringe Overlay (FF-O) District shall not be held to constitute a representation, guaranty or warranty of any kind by the Town of Red Hook or by any official or employee thereof or consultant thereto regarding the practicability or safety of any structure or use or the proper functioning of the proposed facilities and plans and shall not be held to create a liability upon or cause of action against such public body, official, consultant or employee for any damage that may result pursuant to such development or use.
D.
Expiration of special use permit.
(1)
A special use permit shall be deemed to authorize only the particular use or uses expressly specified in the permit and shall expire if the special use permit activity is not commenced and diligently pursued within one calendar year of the date of issuance of the special use permit. Upon prior written request to the Planning Board, including a statement of justification for the requested time extension, the time period for initiation of the special permit use may be extended once for a maximum period of one calendar year from its otherwise specified termination date.
(2)
In the case where subsequent site plan review and approval or the issuance of a building permit is required, vesting of the special use permit may occur through submission within the specified time period of a complete application for either required site plan approval or the issuance of a building permit to carry out all work governed by the special use permit.
E.
Revocation of permit. In all instances, including those cited above, a special use permit may be revoked by the Planning Board, after public hearing, if it is found and determined that there has been a substantial failure to comply with any of the terms, conditions, limitations and requirements imposed by said special use permit.
F.
Integration of procedures. Whenever a particular application requires both the consideration of a special use permit and site plan review and approval by the Planning Board, the Planning Board shall integrate, to the extent practicable and consistent with applicable law, special use permit review, as required by this article, with the site plan review and approval process as well as the applicable requirements of the State Environmental Quality Review Act. Such integration of procedures may require, upon mutual written consent of the Planning Board and applicant, reasonable modification of the time schedules otherwise stated in this article or in Article VII, as related to site plan review and approval, or in 6 NYCRR 617, the SEQRA implementing regulations.
G.
Relief from decisions. Any person or persons jointly or severally aggrieved by any decision of the Planning Board on a special use permit application may apply to the Supreme Court of the State of New York for relief through a proceeding under Article 78 of the Civil Practice Law and Rules of the State of New York.