Saugerties City Zoning Code
ARTICLE VI
General Regulations
§ 245-14 Principal buildings per lot.
Not more than three single-family dwelling units or not more than one two-family dwelling unit may be placed on a lot in the LDR, MDR and the HDR Districts, provided that each dwelling is located so that it would conform to all area and bulk regulations of the district in which it is located if a separate lot were created for each residence. To exceed these thresholds for principal buildings per lot, the applicant must apply for and receive site plan approval from the Planning Board.
§ 245-14.1 Accessory uses.
[Added 7-13-2022 by L.L. No. 3-2022]
A.
Uses accessory to a principal permitted or special permit use shall be allowed in any zoning district, provided the accessory use is also a use allowed in the district, unless otherwise regulated in Subsection C below. A use is deemed accessory if it meets all of the following criteria:
(1)
The accessory use is subordinate to the principal use on the same lot;
(2)
Serves a purpose that is typically incidental, or secondary, and well established to the principal use;
(3)
Demonstrates unity of ownership between the principal and accessory uses;
(4)
Is consistent in use and intensity to other land uses permitted within the relevant zoning district; and
(5)
Shall not dominate in area, extent, or purpose to the principal use, but be minor in its association with the principal/primary use.
B.
An accessory use not located on the same lot as the principal use shall be subject to § 245-33, Site plan review, and bulk standards set forth in § 245-13B(5), Accessory buildings.
C.
Supplemental accessory use regulations.
(1)
The accessory retail sale of goods produced on site may be permitted for craft uses where allowed, as set forth in § 245-19. The Planning Board can require additional parking for the accessory use during site plan review.
(2)
Tasting rooms and food or drinking establishments are permitted in the Industrial Zoning District as accessory to a brewery, winery or distillery, provided they meet the provisions of Subsection A herein and are located on the same lot as the principal use. The Planning Board can require additional parking for the accessory use during site plan review.
(3)
Accessory retail sale of goods produced or manufactured primarily on site in the Industrial and Office/Light Industrial District are permitted on the same parcel provided the accessory use adheres to the bulk standards for principal uses and structures, and applicable supplemental standards contained in this Zoning Chapter. The Planning Board can require additional parking for the accessory use during site plan review.
§ 245-15 Home occupations.
Any person may conduct one or more businesses, trades or professions from his residence as an accessory use in accord with the following standards.
A.
There shall be no permanent indication of the home occupations from any adjacent property or street except for a sign as permitted by this chapter.
B.
Home occupations shall be conducted only within the principal building on the lot and/or a permitted accessory structure, except that, on lots of two acres or more in the LDR or MDR Districts, a home occupation may be conducted outside of a principal or permitted accessory structure.
C.
The total floor area designed for and allotted to all home occupations shall not exceed 1,200 square feet of total floor area per dwelling unit on the site, except as may be otherwise limited by the New York State Uniform Fire Prevention and Building Code.[1]
D.
No more than four persons who are not residents of the dwelling unit shall be employed in the home occupation per dwelling unit.
E.
Materials or equipment used in the home occupation shall not be stored or displayed outside the dwelling or permitted accessory structure except in LDR and MDR Districts, where outside storage is permitted on lots of two acres or more if such storage is screened from the view of adjacent properties and streets.
F.
Parking spaces shall be provided for home occupations, in accordance with this chapter, in addition to those required for the principal residential use. Such spaces may be provided in the driveway but not elsewhere in any required front yard. Parking lots for more than five cars shall be screened from the view of adjacent properties. Parking on a public street shall not be considered as satisfying this requirement.
G.
The home occupation shall not result in traffic, noise, vibration, odor, smoke, glare or electrical interference beyond that normally generated by permitted uses in the same zoning district.
§ 245-16 Agricultural uses and riding stables.
Nothing in this chapter shall prevent the keeping of domestic or farm animals by a resident on his own property for the resident's own personal use and enjoyment. The following provisions shall apply only to agricultural uses where plants or animals are produced, kept or maintained for sale or lease.
A.
No building housing horses, farm animals or fowl shall be located within 50 feet of a street or property line.
B.
Storage of fertilizer, manure or pesticides shall take place no closer than 100 feet from any street or property line if unenclosed or 50 feet if in a fully enclosed structure.
C.
Drainage and runoff from animal pens, corrals or cultivated fields shall be controlled so as not to contaminate surface water or groundwater supplies or endanger the health or safety of any resident.
D.
The provisions of this section shall not apply to any agricultural use located in an agricultural district designated by Ulster County under Article 25-AA of the Agriculture and Markets Law. Furthermore, no other provisions of this chapter shall unreasonably restrict or regulate farm structures or farming practices in a designated agricultural district unless such restrictions or regulations bear a direct relationship to the public health or safety. Such structures or practices include but are not limited to barns, silos, irrigation works, ponds, fences and other enclosures.
§ 245-17 Accessory apartments.
Apartments accessory to the principal permitted use of a building are permitted in all districts except the I District, subject to the regulations and standards set forth below. It is the intent of this provision to allow more efficient use of buildings and to expand rental-housing opportunities in the Town, particularly for small families. In furtherance of this objective, a second dwelling is permitted in a new or existing residential building or a dwelling unit in a former residential building now used for nonresidential purposes, subject to the following conditions, without an increase in lot area.
A.
Size and location of structure. An accessory apartment shall be located in the principal dwelling, provided that such principal building contains a minimum of 1,800 square feet of habitable space, or in a permitted accessory structure.
B.
Lot size. The lot must be at least one acre in area unless served by a central sewer and water system.
C.
Apartment size. The minimum floor area for an accessory apartment shall be 350 square feet, but in no case shall it exceed 25% of the habitable area of the building in which it is located or 600 square feet, whichever is less. The accessory apartment shall have no more than one bedroom.
D.
Number of accessory apartments and dwelling units. There shall be no more than one accessory apartment or a total of two dwelling units per residential building under this section.
E.
Water and sewer service. Prior to the issuance of a building permit for the establishment of an accessory apartment in a principal dwelling, approval of the proposed method of water supply and sewage disposal shall be obtained.
F.
Off-street parking. At least one additional off-street parking space shall be provided for the accessory apartment. In no case shall there be parking space for less than a total of three cars on the property.
§ 245-18 Conversion of existing residential buildings.
In any residential district, a residential structure existing on the date of enactment of this chapter may be divided into four or less dwelling units, subject to site plan review by the Planning Board and the following requirements:
A.
The gross floor area of the building is not increased.
B.
The total number of bedrooms in the structure is not increased.
C.
At least two off-street parking spaces are provided for each dwelling unit.
D.
Each dwelling unit shall be equipped with complete bathroom and kitchen facilities for its exclusive use.
§ 245-19 Crafts uses.
Certain uses which may be included as manufacturing uses in SIC groups 23, 25, 31, 322, 323, 326, 328, 391, 393, 394, and 396 are permitted in RH, GB and HB Districts. The intent of this provision is to permit the establishment of "craft shops," including, but not limited to, furniture making, pottery and glass making, leather crafting, jewelry making and similar uses. Such uses are permitted subject to the following conditions:
A.
At least 25% of the goods produced on the premises are available for retail sale on the premises in space designed for display and sale of goods.
B.
No more than five persons are employed, whose primary function is the manufacture of goods.
C.
The use does not generate noise, vibration, light, glare, smoke or similar emissions beyond those normally associated with retail use.
D.
There is no external storage or display of unfinished goods or raw materials.
§ 245-20 Roadside farm stands.
When located in LDR, MDR or HDR Districts, roadside farm stands shall comply with the following standards. In all districts, the bulk and area standards of the district shall apply.
§ 245-21 Signs.
[Amended 7-15-2009 by L.L. No. 4-2009; 4-6-2011 by L.L. No. 3-2011; 7-14-2021 by L.L. No. 3-2021; 12-13-2023 by L.L. No. 5-2023]
A.
Purpose. The purpose of this section is to promote and protect the public health, welfare and safety by regulating existing and proposed signs of all types within the Town of Saugerties. This section is intended to protect property values, create a more attractive economic and business climate, enhance and protect the physical appearance of the community, preserve the scenic and natural beauty and provide a more enjoyable and pleasing community. It is further intended to reduce distractions and obstructions that may adversely affect traffic safety, reduce hazards that may be caused by signs overhanging or projecting over public rights-of-way, provide more visual open space and maintain the generally high level of the community's appearance and attractiveness. This section is intended to promote attractive signs that clearly present the visual message in a manner that is compatible with their surroundings, consistent with the Comprehensive Plan, and to ensure that signs aid orientation and adequately identify uses and activities to the public. The appearance, character and quality of a community are affected by the location, size, construction and graphic design of its signs. Therefore, such signs should convey their messages clearly and simply to be compatible with their surroundings and help people find what they are looking for.
B.
General sign regulations. The following general regulations and restrictions shall apply in all districts. For descriptions of the types of signs see the definitions section, § 245-56.
(1)
No person, firm or corporation shall hereafter erect, re-erect, construct, structurally alter, enlarge or relocate within the Town, a sign or sign structure without first obtaining a permit issued by the Building Inspector pursuant to Subsection N.
(2)
Businesses are allowed only one freestanding sign per site plus one per building side of the following types of signs - wall, projecting, roof, awning or fascia - per viewshed of road frontage.
(3)
Every application for a sign permit shall be accompanied by plans to scale showing the area, location, and design of the sign in relation to property lines and nearby buildings, structures, or other signs. The application must also include materials and the method of illumination, if any, and statements indicating compliance with appropriate construction standards.
(4)
No sign shall be erected which, in the opinion of the Building Inspector, may cause hazardous or unsafe conditions. If such signs exist, they shall be removed upon direction of the Building Inspector following notification to the owner.
(5)
No sign, other than official traffic signs or DOT-permitted signs, shall be erected within the right-of-way of any public street or state or county highway.
(6)
No temporary signs are allowed on state rights-of-ways (ROW) as stated in Vehicle and Traffic Law § 1220-c and Highway Law § 52, on Routes 9W, 212, and 32 in the Town of Saugerties. The state ROW is the highway boundary as shown on the NYS DOT highway maps.
(7)
No sign shall be erected in such a manner as to obstruct free and clear vision for drivers; interfere with, mislead or confuse traffic; or be located where, by reason of its position, shape or color, such sign may interfere with, obstruct the view of, or be confused with any authorized traffic sign, signal or device by making use of the words "STOP," "LOOK," "DANGER" or any similar words, phrase, symbol or character, or red, green or amber illumination or reflection.
(8)
Off-premises signs, including those commonly known as "billboards," are not permitted in any district.
(9)
Directional signs. Business and public destinations relating to, but isolated from, primary routes of travel shall be permitted a maximum of two directional signs, subject to the issuance of a sign permit and the following additional requirements:
(a)
In locations with more than one directional sign, all such signs shall be affixed to a common standard and be graphically coordinated and arranged so as to present a neat and orderly appearance. Any such sign standard shall be designed to accommodate the later addition of further directional signs; and
(b)
No directional sign shall be more than three square feet in area. In areas with more than one directional sign, multiple directional signs may be installed to provide safe means of travel on property.
C.
General sign standards.
(1)
Unless otherwise provided for in this section, no sign will have more than two sides, and any reference to the total square footage of allowable signage shall mean the amount that will be allowed on each of the two sides of the sign.
(2)
All freestanding signs shall be designed and constructed to withstand a wind pressure of not less than 30 pounds per square foot of surface area.
(3)
All signs, including wall-mounted and projecting signs, shall be securely anchored and shall not swing or move in any manner.
(4)
All signs shall be constructed of durable materials and shall be maintained in a good condition.
(5)
No sign shall project beyond property lines or over public sidewalk areas or vehicular traffic areas.
(6)
No sign shall be located higher than the building to which it is attached.
(7)
Illuminated signs or lighting devices may be permitted, in addition to a permanent fixed sign on the structure provided that the permanent fixed sign does not exceed 1/2 of the interchangeable sign square footage. Illuminated signs shall employ only lights emitting a constant intensity, and no sign shall be illuminated by or contain a flashing, moving or scrolling lights. In no event shall an illuminated sign or lighting device be so placed or directed as to permit beams and illumination therefrom to be directed or beamed upon a public street, highway, sidewalk or adjacent premises so as to cause glare or reflection that may constitute a traffic hazard or nuisance to adjoining properties. All illuminated signs shall bear the Underwriters Laboratories, Inc. seal or be inspected and certified by a Town-authorized electrical inspection company.
(8)
All wiring to freestanding signs shall be underground and/or concealed within the sign structure.
(9)
Suitable landscape planting shall be placed and maintained at the base of all freestanding signs. Such signs and adjacent grounds shall be kept neat, clean and in good repair.
D.
Signs permitted in the LDR, MDR, and HDR Districts:
(1)
For multiple-dwelling projects, one sign indicating the name of the project may be permitted. Such sign shall not exceed 25 square feet in area, or per side if double-faced.
(2)
On home occupation premises, one sign, either freestanding or attached, not exceeding six square feet in area and not in the road right-of-way. No freestanding sign shall exceed five feet in height above the finished grade.
(3)
For nonresidential uses within these districts, a single wall sign not exceeding 12 square feet per surface area and identifying only the name of the establishment, locator information, and its principal service or purpose.
(4)
For agricultural uses, one wall sign or one freestanding sign, not exceeding 12 square feet in area per side and six feet in height, and set back out of the road right-of-way. Agricultural premises may also place not more than two "sandwich boards" or "chalk board" or "reader board" type signs, measuring not more than nine square feet in area per face, not to exceed four feet in height, in an off-premises location.
(5)
For school and institutional uses, one wall sign and one freestanding sign, not exceeding 24 square feet in area per side and eight feet in height and set back at least 15 feet from the highway right-of-way or 35 feet from the highway center line, whichever is greater.
E.
Signs in the RH, GB, HB, RB, I, and OLI Districts:
F.
Wall and fascia signs over six square feet in area.
(1)
One wall or fascia sign per viewshed of road frontage shall be permitted for each nonresidential use in a structure.
(2)
Wall or fascia signs shall not project more than 12 inches from the wall to which they are affixed.
(3)
Wall or fascia signs shall not extend above or beyond the face of the wall in any direction.
(4)
The aggregate area, in square feet, of all signs on any wall shall not be greater than twice the length, in feet, of such wall.
G.
Projecting signs or awning signs over four square feet in area.
(1)
Each establishment shall be permitted one projecting sign for each frontage on a public right-of-way.
(2)
The distance between the faces of projecting signs shall not exceed 12 inches.
(3)
Projecting signs and awning signs shall not exceed an area of 15 square feet per face.
(4)
The outer edge of a projecting sign shall not extend more than five feet from the face of the building to which it is applied.
(5)
The bottom edge of a projecting sign shall be no less than eight feet nor more than 15 feet above the ground.
(6)
No part of a projecting sign shall extend within two feet of the curbline of any public street or right-of-way.
H.
Freestanding signs over six square feet in area.
(1)
Where the principal building or group of buildings is set back at least 15 feet from the right-of-way or street line, only one freestanding sign shall be permitted on each site, which may include directory signs for multiple businesses. No part of any freestanding sign or its support shall be located within six feet of any building, property line, right-of-way or street line.
(2)
The area of freestanding signs for single businesses shall not exceed 32 square feet per sign face. Where multiple businesses are indicated on one sign structure, each business may have a maximum twelve-square-foot sign. All signs shall have a maximum combined size of 96 square feet.
(3)
Freestanding signs may be up to five feet high, beginning 10 feet from the public ROW and rise by one foot for each two feet the sign is set back from the road. No part of any freestanding sign shall be higher than 15 feet above grade.
H-1.
Changing message signs. Changing message signs shall only be allowed for not-for-profit organizations, governmental agencies and other fire, safety, police and other emergency entities serving the public. All other uses of changing message signs are prohibited. All such changing message signs shall be subject to the following standards and conditions:
(2)
Changing message signs shall comply with all other relevant provisions of § 245-21, including location, size, design and construction among others, except as further limited in this subsection.
(3)
Location.
(a)
Changing message signs shall be permitted in the same zoning districts under the same conditions as other signs, except that in the LDR, MDR, HDR and RH Districts, such signs shall only be allowed on the premises of permitted not-for-profit organization, governmental agency and other fire, safety, police and other emergency entities serving the public.
(b)
No such sign shall be located within 50 feet of the pavement of a signalized intersection.
(c)
No changing message sign shall be located within 500 feet of a similar sign visible from a road with a speed limit of 55 miles per hour or within 400 feet of a similar sign visible from a road with a speed limit of 45 miles per hour.
(d)
There shall be a maximum of one changeable message sign per parcel, and no temporary sign shall be permitted on the same site as a changeable message sign.
(4)
Illumination.
(a)
No such sign shall exceed a brightness level of 0.3 footcandle above the ambient light level, measured at a distance of 50 feet from the sign. The sign shall be equipped with light sensors to automatically dim or increase illumination as ambient light levels change so that this differential is maintained.
(b)
In the LDR, MDR, HDR and RH Districts, the changeable message portion of the sign shall be turned off or remain static between the hours of 10:00 p.m. and 6:00 a.m.
(5)
Legibility and operation.
(a)
Changing message signs shall be clear and easy to read, without excessive text, colors, graphics or other features that reduce legibility. The size of letters and number of words on such a sign shall take into account the speed limit and visibility limitations of adjacent roads.
(b)
The duration of the changing message shall be at least 12 seconds and shall not flash or include any moving background.
(c)
Each message shall be complete in itself and not require continuation to another message or sign by fading, scrolling or other animation.
(d)
Each changing message sign shall be equipped with a default mechanism that will cause the sign to revert immediately to a black screen if any sign component malfunctions.
I.
Roof signs. Roof signs shall only be permitted upon approval by the Planning Board based on a finding that no other suitable location for signage exists on the building or property. If permitted, such sign shall not exceed 20 square feet in area.
J.
Prohibitions.
(1)
No sign shall be illuminated by or contain flashing, intermittent, rotating or moving lights except to show time, date and temperature.
(2)
No sign shall contain any moving, revolving parts or scrolling messages.
(3)
No sign shall impair or cause confusion of vehicular or pedestrian traffic in its design, color or placement.
(4)
No sign shall consist of or be supplemented by banners, pennants, ribbons, streamers, spinners or similar moving, fluttering or revolving devices.
(5)
No signs shall be attached to exempt signs.
(6)
No signs shall be within 10 feet of highway, road, street right-of-way.
(7)
No signs shall be attached to utility poles.
K.
Exempt signs. The following signs are exempt from these provisions.
(1)
Decorative banners not containing any words, labels, figures or descriptions.
(2)
Public service signs: promotional and directional signs.
(3)
Historical markers, tablets and statues, memorial signs and plaques; names of buildings and dates of erection when cut into any masonry surface or when constructed of bronze, stainless steel or similar material; and emblems installed by governmental agencies, religious or nonprofit organizations, not exceeding six square feet.
(4)
Flags and insignia of any government, except when displayed in connection with commercial promotion.
(5)
On-premises directional signs for the convenience of the general public, identifying public parking areas, fire zone, entrances and exits, internally illuminated or nonilluminated, not exceeding four square feet per face and six feet in height. Business names and personal names shall be allowed, excluding advertising messages.
(6)
Number and nameplates identifying residences or home occupation businesses mounted on the house, building, apartment or mailbox, not exceeding two square foot in area.
(7)
Lawn signs identifying residences, not exceeding one square foot per side if double-faced. Such signs are to be nonilluminated except by a light which is an integral part of a lamppost if used as a support, with no advertising message thereon.
(8)
Private-owner merchandise sale signs for garage sales and auctions located on the premises, not exceeding four square feet, for a period not exceeding seven days in any one month.
(9)
On-premises "No Trespassing" or "Private Property" or similar signs.
(10)
Temporary, nonilluminated "For Sale," "For Rent," "For Lease" real estate signs and signs of a similar nature, concerning the premises upon which the sign is located: in a residential zoning district, one sign not exceeding four square feet per side; in a commercially zoned district, one sign not exceeding 50 square feet total, set back at least 15 feet from all property lines.
(11)
Temporary, nonilluminated window signs and posters not exceeding 25% of the window surface.
(12)
At gasoline stations, integral graphics or attached price signs on gasoline pumps.
(13)
Directional signs for meetings, conventions and other assemblies.
(14)
One sign, not exceeding six square feet in a residential district or 12 square feet in a commercial district, listing the architect, engineer, contractor and/or owner, on premises where construction, renovation or repair is in progress.
(15)
Political/social messages, banners and similar signs as long as they are not placed on Town-owned property.
(16)
An event or campaign sign, not exceeding 24 square feet in area, which is erected by a municipal, charitable, political or nonprofit organization for a period not to exceed 30 days.
L.
Nonconforming signs.
(1)
A sign which does not comply with one or more of the general regulations and restrictions listed in this section, or which exceeds any quantitative requirements by more than 25%, shall be deemed a "nonconforming sign" and shall be subject to the provisions of Subsection L(2) below.
(2)
A sign determined to be nonconforming shall not be physically altered or enlarged. The relettering, painting, decorating or normal maintenance of such sign shall be permitted. However, any such sign once removed for purposes other than relettering, painting, decorating, maintenance or replacement by a sign of identical size, shape and location shall be deemed permanently removed and may be replaced only in accordance with the provisions of this chapter.
(3)
A billboard existing as of the date of adoption of Local Law No. 3 of 1989 may be replaced on the same site by a billboard of the same or less size, shape, height and area, upon issuance of a building permit as set forth below in Subsection N. In such event, the existing billboard shall be permanently removed.
M.
Unsafe, abandoned and unlawful signs.
(1)
Upon a finding by the Building Inspector that any sign regulated herein is unsafe or insecure, or is a menace to the public, or has been erected in violation of the provisions of this chapter, or advertises, identifies or pertains to an activity no longer in existence, except as provided hereinafter, the Building Inspector shall give written notice to the permittee or owner. This provision shall not apply to seasonal activities during the regular period in which they are closed.
(2)
If the permittee or owner fails to remove or alter the sign so as to comply within 14 days after such notice, such sign may be removed or altered to comply by the Building Inspector at the expense of the permittee or owner of the property on which it is located. The Building Inspector shall refuse to issue a new permit to any permittee or owner who refuses to pay costs so assessed. The Building Inspector may cause any sign which is an immediate peril to persons or property to be removed summarily and without written notice.
N.
Required sign permits and procedures.
(1)
Sign permits.
(a)
Signs described in Subsections A through M above shall not hereafter be erected, re-erected, constructed, structurally altered, enlarged, or relocated within the Town, except as specifically exempted in Subsection K, unless a permit has been obtained from the Building Inspector. Such permit shall only be issued following submission, review and approval of an application in accordance with the requirements set forth below and payment of the required fee in accord with the schedule established by the Town Board.
(b)
A permit shall not be required for the repainting or maintenance of an existing sign.
(2)
Application and review.
(a)
Application for a sign permit shall be made on a form designed for that purpose and provided by the Building Inspector and shall include:
[1]
A scale drawing of the sign which shows dimensions, design, content, and its proposed location.
[2]
A drawing, with appropriate notes, describing the construction of the sign and, where appropriate, the method of attachment to the building.
[3]
A description or sample of the predominant material of which the proposed sign will be made.
[4]
A description of the proposed method, if any, of sign illumination.
(b)
The Building Inspector shall review all sign applications and approve, disapprove or approve with modifications the permit therefor within 30 days of receipt of the application.
O.
Substitution clause. Any sign authorized pursuant to this section may contain a noncommercial message constituting a form of expression in lieu of other copy.
§ 245-22 Adult uses.
A.
Findings, purposes and considerations.
(1)
Ulster County and its surrounding communities have experienced an increase in the establishment of adult uses. Based upon recent studies evaluating the nature and extent of adverse secondary effects caused by adult uses in commercial and residential areas, the Town Board of the Town of Saugerties hereby finds that adult uses have negative secondary impacts such as increased crime rates, depreciation of property values and a deterioration of community character and quality of life. These studies include an April 1996 study by the City of Kingston and a September 1994 study by the New York City Department of City Planning.
(2)
The Town Board of the Town of Saugerties also finds and declares that there are some uses, such as adult uses, which due to their very nature have serious objectionable characteristics. The objectionable characteristics of these uses are further heightened by their concentration in any one area thereby having deleterious effects on other adjacent areas. Special regulation of these uses is necessary to ensure that these adverse effects will not contribute to the blighting and the downgrading of the surrounding neighborhoods or land uses. This section is being enacted to accomplish the primary purposes of regulating adult uses.[1]
B.
Restrictions. An adult use establishment shall be permitted in an I (Industrial) Zoning District, subject to the following restrictions:
(1)
No adult use establishment shall be allowed within a one-thousand-foot radius of another existing adult use establishment whether within the Town of Saugerties or in a neighboring community. The one-thousand-foot radius shall be measured in a straight line from the nearest point of the wall of the portion of the building in which an adult use business is conducted to the nearest point on the property of the area in question.
(2)
No adult use establishment shall be located within a five-hundred-foot radius of any zoning district which is zoned to allow residential use whether within the Town of Saugerties or in a neighboring community. For measurement purposes, the distance between an adult use and residential zoning district shall be measured in a straight line, without regard to intervening structures or objects, from the closest structural wall of such adult use to the boundary line of such residential district.
(3)
No adult use establishment shall be located within a five-hundred-foot radius of a preexisting school, library, civic or youth-orientated center, designated historic preservation site or district, park, playground, place of worship, as well as any areas designated as "scenic" under New York State law whether within the Town of Saugerties or in a neighboring community. The five-hundred-foot radius shall be measured in a straight line from the nearest point of the wall of the portion of the building in which an adult use business is conducted to the nearest point on the property of the area in question.
(4)
An adult use establishment shall not be permitted in any other district.
C.
Sign regulations associated with adult uses.
(1)
Advertisements, displays or other promotional material shall not be shown or exhibited so as to be visible to the public from pedestrian sidewalks or walkways or other areas, public or semipublic, and such displays shall be considered signs.
(2)
No signs or other structures shall be placed, erected or used on the premises except as provided in this chapter. Nor shall the building be painted in garish colors or other such fashion as will effectuate the same purpose as a sign without the approval of the Town of Saugerties Planning Board.
(3)
Not more than one business wall sign shall be permitted for an adult use, and said sign shall be permitted only on the front facade.
(4)
Sign messages shall be generic in nature, shall not contain material classified as advertising and shall only identify the business which is being conducted.
D.
Curfew. It shall be unlawful for any person maintaining or operating any adult use establishment to operate said establishment between the hours of 4:00 a.m. and 8:00 a.m. Monday through Saturday and 4:00 a.m. through 12:00 noon on Sunday.
E.
Waivers. The restrictions enumerated in this section may be waived by the Town of Saugerties Zoning Board of Appeals if the applicant shows, and the Board finds, that the following conditions have been met in addition to the general standards contained in this chapter:
(1)
That the proposed use will not be contrary to the public interest or injurious to nearby properties and that the spirit and intent of this chapter will be observed.
(2)
That the establishment of an additional use of this type in the area will not be contrary to any program of neighborhood conservation or improvement, either residential or nonresidential.
§ 245-23 Conservation subdivisions in the LDR, MDR and HDR Zoning Districts.
A.
Purpose. Pursuant to § 278 (cluster subdivisions) of Town Law, the purpose of this section is to achieve a balance between well-designed residential development, meaningful open space conservation, and natural resource protection in portions of the Town of Saugerties by requiring conservation subdivisions instead of conventional subdivisions. The use of conservation subdivisions is intended to preserve tracts of environmentally and scenically significant undeveloped land. Conservation subdivisions result in the preservation of contiguous open space and important scenic and environmental resources while allowing compact development, more walkable and bikeable neighborhoods, and more design flexibility than conventional subdivisions.
(1)
(2)
Applicants for subdivisions that meet all the criteria set forth in Subsection A(1)(a)[1] and [2] may still utilize the conservation subdivision process described in this section or they may utilize the conventional subdivision process described in the Subdivision Regulations,[1] at their discretion. If a proposed subdivision meets all the criteria set forth in Subsection A(1)(a)[1] and [2] and a conventional subdivision is pursued, the final subdivision plat must contain a prominent notation that includes the following:[2]
B.
Standards for conservation subdivisions.
(1)
Density calculation.
(a)
The maximum number of residential units allowed on a site (base density) is calculated by a formula based upon the acreage of unconstrained land on the property.
[1]
To determine unconstrained acreage, subtract from the total (gross) acreage of the proposed development parcel the acreage of constrained land. "Constrained land" includes wetlands, watercourses, one-hundred-year floodplains, and slopes over 25% which are 2,000 square feet or more of contiguous sloped area. With Planning Board approval, up to 25% of the constrained acreage may be counted as unconstrained land for purposes of the density calculation.
[2]
To determine the base number of allowable residential units on the site, divide the unconstrained acreage by the allowable number of acres per unit required within the zoning district. Round down fractional units of 0.5 or less and round up fractional units greater than 0.5. The resulting number is the base density allowed on the site.
(b)
Pursuant to § 261-b (incentive zoning) of Town Law, the base density, as determined in Subsection B(1)(a) above, may be increased by up to 15%, at the sole discretion of the Planning Board, if permanent public access will be granted to the protected open space land and any associated improvements as delineated in this section.
(c)
The density permitted by this section shall not be reduced as a result of the conservation analysis required in this section or as a result of the reservation of parkland during the subdivision process.
(2)
Conservation analysis.
(a)
As part of its preliminary plat submission, an applicant shall prepare a conservation analysis, consisting of inventory maps and photographs, description of the land, and an analysis of the conservation value of various site features. The conservation analysis shall show lands with conservation value, including but not limited to the following:
[1]
"Constrained land," as defined in this chapter.
[2]
"Open space and recreational resources," as described in the Town's pending Open Space Plan (as may be adopted).
[3]
Buffer areas necessary for screening new development from adjoining parcels.
[4]
Land exhibiting present or potential recreational, historic, ecological, agricultural, water resource, habitat, scenic or other natural resource value.
[5]
Land that, considered together with land on adjoining parcels, would constitute a contiguous area or network of open space for the benefit of conserving the resources identified in Subsection B(2)(a)[1] through [4] above.
(b)
The Planning Board and/or, at its request, the Town's Conservation Advisory Committee (CAC), the Town's Historic Preservation Commission, Town staff or appropriate professionals retained by the Town may, and are encouraged to, conduct a site visit to review the applicant's conservation analysis for completeness and accuracy. The site visit may also be used by the Planning Board to help determine which of the lands identified as being of conservation value are most important to preserve.
(c)
The conservation analysis shall describe the importance and the current and potential conservation value of all land on the site. In the course of its initial preliminary plat review, the Planning Board shall indicate to the applicant which of the lands identified as being of conservation value are most important to preserve.
(d)
The outcome of the conservation analysis and the Planning Board's determination shall be incorporated into the approved preliminary plat showing land to be permanently preserved by a conservation easement. The preliminary plat shall also show preferred locations for intensive development as well as acceptable locations for less dense development.
(e)
The final determination as to which land has the most conservation value and will be protected from development by conservation easement shall be made by the Planning Board. Whenever the Planning Board approves a plan with protected open space, it shall make written findings identifying the specific conservation values protected and the reasons for protecting such land (the "conservation findings"). The Planning Board shall deny an application that does not include a complete conservation analysis sufficient for the Board to make its conservation findings.
(f)
The preliminary plan shall show the following as land to be preserved by conservation easement:
[2]
At least 40% of the land not preserved in Subsection B(2)(f)[1] above.
(g)
If, based upon the conservation analysis, the Planning Board determines in its conservation findings that there is no reasonable basis for requiring a conservation subdivision, the Board may approve a conventional development of the site.
[1]
In order for the Planning Board to make such a determination, the applicant must demonstrate at least one of the following:
[a]
The land contains no substantial resources with conservation value;
[b]
The acreage is too small to preserve a substantial amount of land with conservation value (this criterion shall not be evaded by piecemeal subdivision of larger tracts); or
[c]
The lot configuration is unique and precludes preservation of a substantial amount of land with conservation value.
[2]
In order to make the required showing under Subsection B(2)(g)[1][b] or [c] above, the applicant must also demonstrate that the parcel does not adjoin other land that, when combined with open space on the parcel, would result in the preservation of a substantial amount of land with conservation value (including any portion of a designated trail corridor or wildlife corridor), regardless of whether or not the adjoining parcels have been protected as open space.
(h)
An approval of a conventional subdivision shall refer to the conservation findings and may be conditioned upon the protection by conservation easement of portions of the site identified in the conservation analysis and findings as having conservation value.
(3)
Types of development in a conservation subdivision. The allowable residential units in a conservation subdivision may be developed as single-family or two-family dwellings. The allowable residential units in a conservation subdivision may be developed in multifamily dwellings, upon approval by the Planning Board of a special use permit.
(4)
Lot sizes in conservation subdivisions. There shall be no minimum lot size in a conservation subdivision. The Planning Board shall determine appropriate lot sizes in the course of its review of a conservation subdivision. In order to permit a clustered lot configuration, wells and septic systems may be located in areas of protected open space, provided that necessary easements are provided for maintenance of these facilities.
(5)
Other area and dimensional requirements.
(a)
There shall be no required area, bulk, or dimensional standards in a conservation subdivision, except that, where such subdivision abuts an existing residence in a residentially zoned area, a suitable buffer area shall be required by the Planning Board. This buffer shall be at least the same distance as the minimum rear or side yard setback in the district in which the abutting land is located.
(b)
The applicant shall specify dimensional requirements for a proposed conservation subdivision by identifying setbacks and other lot dimensions to be incorporated into the final plat.
(c)
In accordance with § 278 of Town Law, when the final plat is filed with the County Clerk and a copy of the final plat is filed with the Town Clerk, the Town Clerk shall make appropriate notations and references thereto on the Town Zoning Map. The Town Clerk shall make such notations and references as needed, but not less frequently than semiannually.
(6)
Conservation subdivision of a portion of larger tract. The Planning Board may entertain an application for a subdivision of a portion of a parcel if a conservation analysis is provided for the entire parcel and the approval to develop a portion of the parcel is not a basis for the applicant or successor in interest to subsequently request an exception under Subsection B(2)(g) for the remainder of the parcel.
(7)
Conservation subdivision design guidelines. Lots shall be arranged in a manner that protects land of conservation value and facilitates pedestrian and bicycle circulation. Permitted building locations or areas ("building envelopes") shall be shown on the final plat.
(8)
Road standards. Roads built within conservation subdivisions shall conform to the construction requirements outlined in Minimum Standard Requirements for the Establishing of New York Town Roads in the Town of Saugerties, Ulster County, New York, or Standards for Private Rural Roads, Town of Saugerties, New York, as appropriate.[3] These standards may be reduced at the discretion of the Planning Board and with approval of the Town Highway Department and the Town Engineer.
C.
Permanent open space. Open space set aside in a conservation subdivision shall be permanently preserved as required by this section. Any development permitted on land located in a conservation subdivision that is not protected as open space shall not compromise the conservation value of such open space land.
(1)
Conservation value of open space. The open space protected pursuant to this section must have "conservation value," which shall be determined in the course of the conservation analysis described in Subsection B(2) above.
(2)
Permanent preservation by conservation easement.
(a)
A perpetual conservation easement restricting development of the open space land and allowing use only for agriculture, forestry, passive recreation, protection of natural resources, or similar conservation purposes, pursuant to § 247 of the General Municipal Law and/or §§ 49-0301 through 49-0311 of the Environmental Conservation Law, shall be granted to the Town, with the approval of the Town Board, and/or to a qualified not-for-profit conservation organization acceptable to the Town Board. Such conservation easement shall be approved by the Planning Board and shall be required as a condition of final plat approval. The Planning Board shall require that the conservation easement be enforceable by the Town if the Town is not the holder of the conservation easement. The conservation easement shall be recorded in the County Clerk's office, and recording information (liber and page) shall be shown on the final plat prior to filing of the final plat in the County Clerk's office.
(b)
The conservation easement shall prohibit residential, industrial, or commercial use of open space land (except in connection with agriculture, forestry, and passive recreation) and shall not be amendable to permit such use. At the discretion of the Planning Board, the conservation easement may permit publicly accessible, outdoor active recreation on the portion of protected open space comprised of unconstrained land, or may be amendable to permit such use in the future, provided that the Planning Board finds such use would be compatible with the surrounding neighborhood and that it would not impair the conservation value of the land. Driveways, wells, underground sewage disposal facilities, (including constructed wetlands), local utility distribution lines, stormwater management facilities, trails, and agricultural structures shall be permitted on preserved open space land with Planning Board approval, provided that they do not impair the conservation value of the land. Forestry shall be conducted in conformity with applicable best management practices as described by the New York State Department of Environmental Conservation's Division of Lands and Forests.
(c)
A land management plan, approved by the Planning Board, shall be included in the conservation easement. The conservation easement shall provide that, if the Town Board finds that the management plan has been violated in a manner that renders the condition of the land a public nuisance, the Town may, upon 30 days' written notice to the owner, enter the premises for necessary maintenance, and that the cost of such maintenance by the Town shall be assessed against the landowner or, in the case of a homeowners' association, the owners of properties within the development and shall, if unpaid, become a tax lien on such property or properties.
(d)
Preserved open space may be included as a portion of one or more large lots or may be contained in a separate open space lot. The conservation easement may allow dwellings to be constructed on portions of lots that include preserved open space land, provided that the total number of dwellings permitted by the conservation easement in the entire subdivision is consistent with applicable density limitations as determined under Subsection B(1).
(3)
Notations on final plat. Preserved open space land shall be clearly delineated and labeled on the subdivision final plat as to its use, ownership, management, method of preservation, and the rights, if any, of the owners of lots in the subdivision and the public to the open space land. The final plat shall clearly show that the open space land is permanently preserved for conservation purposes by a conservation easement required by this section and shall include deed recording information in the County Clerk's office for the conservation easement.
(4)
Ownership of open space land.
(a)
Open space land shall under all circumstances be protected by a perpetual conservation easement, but may be owned in common by a homeowners' association (HOA); offered for dedication to town, county, or state governments; transferred to a nonprofit organization acceptable to the Planning Board; held in private ownership; or held in such other form of ownership as the Planning Board finds appropriate to properly manage the open space land and to protect its conservation value.
(b)
If the land is owned in common by an HOA, such HOA shall be established in accordance with the following:
[1]
The HOA application must be submitted to the New York State Attorney General's Office before the approved subdivision final plat is signed and must comply with all applicable provisions of the General Business Law. The HOA must be approved by the New York State Attorney General's Office prior to issuance of the first certificate of occupancy from the Building Inspector.
[2]
Membership must be mandatory for each lot owner, who must be required by recorded covenants and restrictions to pay fees to the HOA for taxes, insurance, and maintenance of common open space, private roads, and other common facilities.
[3]
The HOA must be responsible for liability insurance, property taxes, and the maintenance of recreational and other facilities and private roads.
[4]
Property owners must pay their pro rata share of the costs in Subsection C(4)(b)[2] above, and the assessment levied by the HOA must be able to become a lien on the property.
[5]
The HOA must be able to adjust the assessment to meet changed needs.
[6]
The applicant shall make a conditional offer of dedication to the Town, binding upon the HOA, for all open space to be conveyed to the HOA. Such offer may be accepted by the Town, at the discretion of the Town Board, upon the failure of the HOA to take title to the open space from the applicant or other current owner, upon dissolution of the association at any future time, or upon failure of the HOA to fulfill its maintenance obligations hereunder or to pay its real property taxes.
[7]
Ownership shall be structured in such a manner that real property taxing authorities can satisfy property tax claims against the open space lands by proceeding against individual owners in the HOA and the dwelling units they each own.
[8]
The Town Attorney's Office shall find that the HOA documents presented satisfy the conditions in Subsections C(4)(b)[1] through [7] above and such other conditions as the Planning Board shall deem necessary.
D.
Conservation subdivision procedures.
(2)
Existing conditions/sketch plan discussion. An applicant shall request an existing conditions/sketch plan discussion with the Planning Board prior to the applicant making any formal subdivision submission. The existing conditions/sketch plan discussion is a mandatory preapplication procedure. In preparation for the existing conditions/sketch plan discussion:
(a)
The applicant shall submit an assessment of existing conditions on the site to be subdivided. This initial site assessment shall be based on data regarding natural resources, aerial or satellite photography, or other publicly available information as required by the Building Department. It need not be based upon surveyed data. This initial site assessment shall show the approximate area of the project that might constitute constrained lands (wetlands, floodplains, steep slopes, etc.) and the area that might be classified as developable lands, with photographs of these areas. It shall also describe (with text and photographs) special or unique physical features on the site that may be considered further in the conservation analysis during preliminary plat review and which may influence the design of the conservation subdivision.
(b)
The applicant shall submit a conceptual sketch plan of the proposed subdivision. The sketch plan submitted need not be based upon surveyed data, but it should contain the following information:
[1]
A vicinity map showing the location of the land to be subdivided and the boundaries of all tax parcels within 500 feet of the property.
[2]
The tax map sheet, block and lot numbers, as available from the Town Assessor's office.
[3]
Information regarding all known restrictions on the use of land, including easements, covenants or zoning district classification.
[4]
An estimate of the number of lots and/or units that might be accommodated within the project.
[5]
A broad concept plan to indicate any initial ideas about the location of homes, roads, trails, conservation areas, and utilities.
(c)
During the sketch plan discussion, the applicant and the Planning Board may discuss the possible requirements of the project in relation to standards for street improvements, grading, drainage, sewerage, water supply, fire protection and similar aspects, as well as the availability of existing services and other pertinent information.
(3)
Preliminary plat review.
(a)
The preliminary plat application shall contain the following:
[2]
A conservation analysis as described in Subsection B(2) above, including a proposed conservation analysis map.
[3]
A schematic ("bubble") diagram showing which areas on the parcel would be developed and where land would be protected as permanent open space by a conservation easement.
[4]
A conceptual layout showing approximate building locations or areas ("building envelopes"), road and trail alignments, and lot lines. Approximate dimensions of roads and lots, topography and drainage, and a description of all proposed facilities (unsized) shall also be provided.
[5]
Additional submission requirements available from the Planning Department.
(b)
The preliminary plat shall be reviewed by the Planning Board, which shall hold a public hearing and make its conservation findings as required by Subsection B(2) above. The notice and hearing procedures shall be the same as those for a subdivision contained in the Town of Saugerties Land Subdivision Regulations.[4] In order to approve a preliminary plat, the Planning Board must find that it complies with all relevant provisions of this chapter.
(c)
SEQR compliance for the preliminary plat shall be the same as required by the Town Law, § 276, for a preliminary plat application.
(4)
Final plat review.
(a)
Within 180 days of the approval of the preliminary plat, whether with or without modification, the owner must submit the plan in final form. If such plan is not so submitted, approval of the preliminary plat is subject to revocation by the Planning Board. Upon application, the Board may grant up to two ninety-day extensions of this time requirement. The Planning Board may grant an extension only upon the determination of what the Board, in its sole discretion, finds to be extraordinary conditions.
(b)
The procedure for final plat review, including notice and hearing procedures, shall be the same as those for a subdivision plan contained in the Town of Saugerties Land Subdivision Regulations.[5] In order to approve a final plat, the Planning Board must find that it is consistent with the preliminary plat and complies with all relevant provisions of this chapter.
(c)
The final plat review application shall contain the following:
[1]
All the materials required for approval as provided in the Town of Saugerties Land Subdivision Regulations unless waived by the Planning Board.
[2]
Proposed conservation easement(s) for the protection of permanent open space land.
[3]
A final land management plan for the permanent open space areas, to be incorporated into the conservation easement and made enforceable by the Town.
[4]
Other submission requirements as specified by the Planning Board.
(d)
SEQR compliance for the final plat shall be the same as required by the Town Law, § 276, for final plat approval. Final plat approval shall expire after 180 days if the applicant has not complied with all conditions of the approval. Upon an application, the Board may grant up to two ninety-day extensions of this time requirement. The Planning Board may grant an extension only upon the determination of what the Board, in its sole discretion, finds to be extraordinary conditions.
§ 245-24 Sensitive Area (SA) Overlay District.
A.
Purpose. The Sensitive Area (SA) Overlay District is established to protect those areas of the Town which are characterized by environmental conditions which are particularly sensitive to development. To protect these areas, the permitted density of development in the SA District is reduced compared to that otherwise permitted in the zoning district and additional bulk standards and regulations apply. The SA District is an overlay whereby specific conditions are imposed in addition to those which apply to the underlying district. The Sensitive Area (SA) Overlay District has been delineated on a map which encompasses those areas of the Town that include or are affected by high concentrations of one or more of the features below, which are deemed to be significant development constraints:
(1)
Areas with a slope of 15% or greater.
(2)
Wetlands designated by the New York State Department of Environmental Conservation pursuant to the Environmental Conservation Law, and wetlands defined by the Federal Interagency Committee for Wetland Delineation in the Federal Manual for Identifying and Delineating Jurisdictional Wetlands, 1989, and adopted by the U.S. Army Corps of Engineers, U.S. Environmental Protection Agency, U.S. Fish and Wildlife Service, and USDA Soil Conservation Service in 1987.
(3)
Soils with a high clay content and/or which are poorly drained and have a slow rate of permeability, including the following soils as listed in the Soil Survey for Ulster County, prepared by the U.S. Department of Agriculture, Natural Resources Conservation Service[1]: Canandaigua, Churchville, Lyons, Madalin, Menlo, Morris, Odessa, Raynham, Rhinebeck, Scriba, Tuller, Volusia and Wayland.
[1]
Editor's Note: Formerly the Soil Conservation Service.
(4)
Areas within the one-hundred-year flood hazard boundary designated under the National Flood Insurance Program.
(5)
Agricultural districts designated under Article 25-AA of the New York Agriculture and Markets Law.
(6)
Preferential groundwater recharge areas identified by New York Rural Water Association in the document entitled "Ground Water Protection Plan for the Town of Saugerties."
(7)
Areas in the Town tributary to the Town of Saugerties' Blue Mountain Reservoir as identified by the New York Rural Water Association using data from the New York State Department of Health.
B.
Applicability. The provisions of this section shall apply to all parcels of land in the Sensitive Area (SA) Overlay District with an area of five acres or more on the date of adoption of this chapter and its amendments, including any parcels resulting from any subsequent subdivision thereof. The boundaries of the Sensitive Area (SA) Overlay District are delineated on the Town of Saugerties Zoning Map (Map 1 of 2 and Map 2 of 2) and on a map entitled "Sensitive Area (SA) Overlay District Map," dated September 1, 2005, and filed with the Town Clerk.
D.
Area and bulk. For any proposed use or activity in the SA District, the following provisions shall apply:
(1)
The minimum lot area and the minimum lot area per dwelling unit shall be twice that set forth in the Area and Bulk Schedule for the underlying district.
(2)
The minimum lot width shall be 1 1/2 times that set forth in the Area and Bulk Schedule for the underlying district.
(3)
The maximum amount of impervious surface area shall not exceed 10% of the total area of the lot, except that any impervious surface resulting from an alteration or accessory building to an existing one-family residential dwelling is not to be counted against any calculation of the ten-percent impervious surface restriction.
E.
Prohibited uses. The following uses and activities are prohibited within a linear distance of 100 feet on either side of the mean high-water mark of watercourses tributary to the Town of Saugerties' Blue Mountain Reservoir in the SA District in order to protect environmental conditions:
(1)
Construction of buildings or structures of any kind.
(2)
Excavation, dredging or dumping of soil, spoils, liquid or solid materials except to stabilize and/or protect streams and other waters and as permitted by applicable state and/or federal agencies.
(3)
Creation of roads or driveways except as necessary to access land, after Planning Board approval.
(4)
Use of motorized vehicles except for personal recreational vehicles, vehicles used to access the owner's property, equipment used for maintenance, landscaping and agricultural uses, and/or for emergency purposes [see Subsection E(5)(a) below].
(5)
Disturbance of natural vegetation except for the following:
(a)
Maintenance of existing lawns and fields, landscaping, shrubbery, or trees existing at the time of passage of these restrictions.
(b)
Plantings of trees, shrubs, grasses, etc., in order to protect streams and other waters.
(c)
Conservation measures designed to remove damaged or diseased trees or to control noxious weeds or invasive species.
(6)
The use of pesticides and herbicides.
(7)
Creation of parking spaces or lots and loading/unloading spaces for vehicles.
(8)
New surface and/or subsurface sewage disposal or treatment areas except as necessary to repair or replace an existing home sewage disposal system and in accordance with the approval of the Ulster County Department of Health.
F.
Exemptions.
(1)
A property owner may request exemption from the provisions of this section on the basis that a specific property or land area, before any disturbance, does not include those features which are the criteria for designation of an SA District. Such a request shall be submitted to the Planning Board and shall include documentation with respect to each feature set forth in Subsection A above. The Planning Board shall issue an exemption, in writing, only upon a finding that the specific property or land area does not contain any of the features set forth in Subsection A or that such features comprise less than 15% of the total land area requested for exemption.
(2)
A property owner may also request exemption from the provisions of Subsection D(3) and (4) above if a satisfactory system for the artificial recharge of precipitation is provided. Recharge can be achieved by incorporating natural drainage patterns and vegetation with devices such as infiltration basins, infiltration trenches or similar systems. Details of such a proposed system shall be submitted to the Planning Board. The Planning Board shall issue an exemption, in writing, only upon a finding that the artificial recharge system would not likely result in the degradation of groundwater quality.
§ 245-25 Aquifer Protection Overlay District.
A.
Purpose and area of applicability.
(1)
The Aquifer Protection Overlay District is established to preserve the quality and quantity of the Town's groundwater resources in order to ensure a safe and adequate water supply for present and future generations and to preserve groundwater resources currently in use and those aquifers having potential for a future use as a public water supply. The provisions of this section shall apply to all properties that lie within the area that is designated as an Aquifer Protection Overlay District, as defined herein, and delineated on the "Town of Saugerties Zoning Map" (Map 1 of 2, and Map 2 of 2) and a map entitled "Aquifer Protection Overlay District Map," dated March 7, 2007, and filed with the Town Clerk.
(2)
The Aquifer Protection Overlay District consists of two zones as defined by the New York Rural Water Association: the Unconsolidated Aquifer Zone and the Aquifer Watershed Zone. These zones are identified upon the maps referenced above. The Unconsolidated Aquifer Zone consists of those land areas overlying the unconsolidated aquifer in the Town of Saugerties as depicted on Plate 3 of the document by New York Rural Water Association entitled "Ground Water Protection Plan for the Town of Saugerties." The Aquifer Watershed Zone consists of adjacent land areas that do not overlie the aquifer but are where surface water runs across the land after rainfall or flooding and eventually enters the aquifer area.
B.
General provisions.
(1)
The provisions of this section are not intended to repeal, abrogate, or annul any portion of these regulations, existing state and federal regulations, or existing easements, covenants, or deed restriction. In any case where there is a conflict, whichever imposes the more stringent restriction applies.
(2)
The Aquifer Protection Overlay District, delineated on the maps specified in Subsection A herein are adopted as the regulatory boundaries subject to the provisions herein.
(3)
All uses that are permitted in the underlying zones shall be permitted in the Aquifer Protection Overlay District with the exceptions, restrictions, and requirements below.
(4)
Where the bounds of the Aquifer Protection Overlay District delineated on the maps specified in Subsection A are in dispute, the burden of proof shall be upon the owner(s) of the land in question or his official designee to show that the boundaries differ from those that are indicated. At the request of the owner(s) whose land has been designated as part of the Aquifer Protection Overlay District, the Town may engage a professional hydrogeologist or geologist to determine more accurately the location and extent of the aquifer or recharge area and may charge the owner(s) for all or part of the cost of the investigation.
C.
Prohibited uses.
(1)
The following uses and activities are specifically prohibited within both the Unconsolidated Aquifer Zone and the Aquifer Watershed Zone of the Aquifer Protection Overlay District in order to safeguard groundwater resources which serve as present or future drinking water supplies:
(a)
Airports, flying fields, airport terminals, and/or airport maintenance areas.
(b)
Automotive repair shops, automotive sales, or automotive service facilities.
(c)
Boat, motorcycle, agricultural equipment, or recreational vehicle service, repair and/or washing establishments.
(d)
Bottled water or bulk water facilities (including supply sources).
(e)
Cemeteries or crematories.
(f)
Concentrated animal feeding operations in areas outside of local agricultural district(s) created pursuant to New York State Agriculture and Markets Law.
(g)
Establishments for the cleaning and servicing of catch basins, cesspools, septic tanks, sewers, tanks and boilers, or tank trucks.
(h)
Fertilizer stockpiling or storage except in containers or structures designed to prevent contact with precipitation.
(i)
Fuel oil dealers, or petroleum and petroleum products wholesalers, or wholesale distributors of crude petroleum and petroleum products.
(j)
Gasoline service stations.
(k)
Hazardous waste treatment, handling, storage or disposal facilities.
(l)
Junkyard, salvage, or impoundment yards (including used motor vehicle parts and scrap/waste materials).
(m)
Laundry, cleaning, or garment services, including dry cleaners, coin-operated laundries, commercial or industrial laundries, carpet and upholstery cleaners, and linen supply services.
(n)
Maintenance and repair shops for major or small household appliances and electrical entertainment devices (stoves, washers, televisions, DVD players, etc.) or low-power internal combustion engines or electric motors (chain saws, lawn mowers, snowmobiles, etc.).
(o)
Manure storage except for the primary purpose of agricultural use.
(p)
Motor freight transportation (e.g., trucking) or motor vehicle passenger (e.g., bus) terminals.
(q)
Motor vehicle washing, cleaning, and polishing facilities, or facilities for the self-service washing of motor vehicles (e.g., car washes).
(r)
Municipal or industrial sewage treatment facilities with disposal of primary or secondary effluent.
(s)
Outdoor storage of coal, deicing compounds, fertilizers, hazardous substances, or hazardous waste.
(t)
Pest control services or establishments engaged in the wholesale distribution of pesticides or herbicides.
(u)
Pipelines that carry petroleum (other than natural gas) or hazardous substance/waste.
(v)
Radioactive materials treatment, handling, storage or disposal facilities.
(w)
Regulated medical waste storage, treatment, disposal, and/or destruction facilities.
(x)
Solid waste management facilities.
(y)
Surface land application of septage, sewage, sludge, or human excreta except where permitted by NYSDEC for agricultural use.
(z)
Wells or other facilities for oil or gas extraction, gas storage, solution mining, or brine disposal.
(aa)
Wholesale distributors of chemicals and related products such as acids, industrial and heavy chemicals, industrial salts, etc.
(bb)
Any use or activity not otherwise specifically mentioned above that involves the on-site disposal of solid waste, petroleum, radioactive material, hazardous substances, hazardous waste, or aqueous-carried waste (except sewage, animal manure and associated bedding material, and agricultural use of food processing wastes where the waste is applied at or below agronomic rates).
(2)
In addition, the following uses and activities are also prohibited within the Unconsolidated Aquifer Zone of the Aquifer Protection Overlay District:
(a)
Extraction of sand and gravel, as well as other overburden and minerals from the earth, except for the excavation, removal and disposition of minerals from construction projects, the creation of water bodies, or excavations in aid of agricultural activities.
(b)
Manufacturing uses, including but not limited to the following, except where permitted in the Office/Light Industrial District (OLI) and the Industrial District (I) by right or after issuance of a special use permit:
[1]
Food or animal processing.
[2]
Textile preparation, manufacturing, dyeing, finishing, coating, waterproofing, or treating.
[3]
Reconstituted wood products manufacturing or wood preserving.
[4]
Furniture manufacturing.
[5]
Paper and paper product manufacturing.
[6]
Printing and publishing industries.
[7]
Chemical manufacturers, including makers of chemicals and chemical preparations such as industrial inorganic chemicals, plastics and synthetic resins, drugs, soap, detergents, cleaners, paints, varnishes, lacquers, enamels, industrial organic chemicals, agricultural chemicals, ink, explosives, adhesives, and sealants.
[8]
Petroleum refining.
[9]
Manufacturers of asphalt and tar paving mixtures.
[10]
Rubber and plastics products manufacturing.
[11]
Tanning, currying, and finishing hides and skins, leather converters, and manufacturing of finished leather and artificial leather products.
[12]
Producers of stone, clay, glass, and concrete products.
[13]
Primary metal industries.
[14]
Fabricated metal shops.
[15]
Manufacturers of machinery other than electrical.
[16]
Production of motor vehicles, aircraft, and other transportation equipment.
[17]
Makers of jewelry, silverware, and plated ware, except for activities associated with a home occupation.
D.
Site plan review and approval in Aquifer Protection Overlay District.
(1)
Any proposed use or activity wholly or partially within the Aquifer Protection Overlay District shall be required to have site development plan review and approval by the Planning Board prior to issuance of a building permit or certificate of occupancy except for the construction or modification of a single one- or two-family dwelling, accessory building or use; and agricultural uses.
(2)
The Planning Board may require changes or additions to the site plan as a condition of approval to safeguard groundwater resources. No building permit and no certificate of occupancy shall be issued unless and until such conditions have been fully met or performed. All improvements to the site shall be completed in strict conformance with the site plan as approved.
(3)
In addition to other information that may be required for a site plan submittal, the following information shall be provided for a proposed use or activity located partially or wholly within the Aquifer Protection Overlay District:
(a)
A location map of the proposed use or activity in relation to the Aquifer Protection Overlay District boundaries.
(b)
A map and report detailing the proposed conveyance, storage, distribution, generation, use and/or treatment of any process wastes, aqueous-carried wastes (except sewage), petroleum, hazardous substances, hazardous wastes, solid waste, radiological substances, and/or incidental wastes.
(c)
A map and report detailing the proposed conveyance, storage, distribution, generation, use, treatment, and/or disposal of any stormwater and sewage.
(d)
For proposed golf courses, a natural resources management plan that assesses natural resources and environmental impacts and provides strategies for addressing natural resources issues. Such a plan shall include the assessment of and plans for wildlife conservation and habitat enhancement; waste reduction and management; energy efficiency; water conservation; water quality management and monitoring; and integrated pest management.
(e)
A list of all process wastes, aqueous-carried wastes (except sewage), petroleum, hazardous substances, hazardous wastes, solid waste, and radiological substances to be used, generated, and/or stored on the premises.
(f)
A description of all pollution control measures and activities proposed to prevent on-site disposal and potential contamination of groundwater or surface water, including spill-response activities.
(g)
A statement as to the degree of threat to groundwater and surface water quality that could result if the control measures failed.
(h)
A description of the provisions for the off-site disposal of solid waste, petroleum, radioactive material, hazardous substances, hazardous waste, process wastes, and/or aqueous-carried waste (except sewage).
(i)
A description of the proposed means of water supply, including, if applicable, an estimate of the total daily groundwater withdrawal rate.
(j)
Copies of any permits and applications made to any other governmental agencies.
(k)
A completed short form SEQR Environmental Assessment Form (EAF).
(l)
Additional information or material that may be requested by the Planning Board in order to evaluate the site plan.
(4)
The following criteria shall be used by the Planning Board in reviewing applications for site plan review and shall serve as minimum requirements for approval of the application pursuant to this section. The application shall not be approved unless the Planning Board determines that the applicant has met all of these standards. In all instances, the burden of proof shall be on the applicant who must produce evidence sufficient to warrant a finding that all applicable criteria have been met.
(a)
The proposed use or activity must comply with the regulations and requirements set forth in this section regarding the Aquifer Protection Overlay District.
(b)
Adequate provisions must be made for the collection and disposal of all stormwater that runs off proposed roads, parking areas, roofs, and other surfaces such that it will not have an adverse impact on abutting or downstream properties.
(c)
Filling, excavation and earthmoving activity must be kept to a minimum. Natural vegetation must be preserved and protected wherever possible. Soil erosion and sedimentation of watercourses and water bodies must be minimized.
(d)
The proposed use or activity must be located or designed in such a manner that it will not adversely impact the quantity of groundwater available to any public water supply wells or other wells.
(e)
The proposed use or activity must be designed with adequate control measures to prevent the on-site disposal of solid waste, pathological or medical waste, petroleum, radioactive material, hazardous substances, hazardous waste, or process waste, including aqueous-carried waste (except sewage). The adequacy of the proposed control measures must be evaluated in terms of their simplicity, reliability, and feasibility, as well as the degree of threat to public water supply wells and other wells in the event that the control measures failed.
(f)
All handling and storage of solid waste, pathological or medical waste, petroleum, radioactive material, hazardous substances, hazardous waste, or process wastes must meet the standards of the New York Department of Environmental Conservation and/or all applicable state or federal agencies.
(g)
The proposed use or activity must provide adequate provisions for the safe off-site disposal of solid waste, hazardous waste, process waste, and other wastes generated. All waste must be disposed of at a licensed disposal facility having adequate capacity to accept the use's wastes.
(h)
In the event of an on-site disposal (i.e., spill) of potential contaminants, the proposed use or activity must have adequate spill-response and containment plans in place to minimize groundwater or surface water contamination.
§ 245-26 Waterfront Overlay District.
A.
Purpose. The purpose of this district is to protect and enhance the shoreline, through protecting water quality and preventing erosion along the Hudson River, Esopus Creek, and Plattekill Creek within the Town of Saugerties, by allowing property owners to enjoy their property and access to the waterfront while protecting the environmental and scenic quality of the shoreline from degradation. To further this purpose, this section establishes criteria to be followed by applicants in the design of projects and to be followed by the Planning Board as part of the site plan approval process as set forth in Article VII, § 245-33. All development in the Waterfront Overlay District will be reviewed on a case-by-case basis via the site plan review process to ensure appropriate layout and design of all properties.
B.
Applicability and location.
(1)
The Waterfront Overlay District is superimposed over the basic zoning districts as set forth on the Town of Saugerties Zoning Map (Map 1 of 2, and Map 2 of 2). The regulations presented in this section shall only apply to those lands located within the boundaries of the Waterfront Overlay District as overlaid on the Town of Saugerties Zoning Map. In such overlay district, proposed land uses are subject to the requirements set forth in this section in addition to those requirements and standards ordinarily applicable to the underlying district. In case of conflict, the more restrictive regulation requirements shall apply.
(2)
The following areas of the Town of Saugerties are hereby designated as Waterfront Overlay Districts:
(a)
Properties or portions of properties located within 1,000 feet of the Hudson River's mean-high-water mark: If any portion of the property is located within the boundaries of this overlay district, the entire property is subject to the regulations set forth in this section (Hudson River only). Properties or portions of properties abutting the Esopus Creek or Plattekill Creek extending 300 feet inland from the Esopus Creek or Plattekill Creek mean-high-water mark.
(3)
All regulations set forth in this section shall apply to the Waterfront Overlay District for the Hudson River, the Esopus Creek, and the Plattekill Creek unless otherwise noted.
C.
Effect on Schedule of Uses. All uses in Waterfront Overlay Districts shall be subject to the site plan approval process, as set forth in Article VII, Planning Board; Site Plan Review; Special Use Permit. As such, the Schedule of Uses is modified in this respect for lands contained in the Waterfront Overlay Districts.
D.
Effect on Schedule of District Area and Bulk Regulations. All uses in Waterfront Overlay Districts, except water-dependent uses, including docks, boathouses and storage sheds for water-related uses, shall have a minimum fifty-foot setback from the mean-high-water mark.
E.
Private docks, floats or wharves. A property owner of a single-family residence, a vacant lot or a two-family residence whose property immediately borders the waters of the Hudson River or the Esopus Creek within the Town of Saugerties shall be allowed to construct a private dock, float or wharf measuring up to 150 square feet and extending a maximum of 30 feet into the Hudson River and measuring up to 120 square feet and extending a maximum of 15 feet into the Esopus Creek from the owner's mean-high-water mark for the mooring of boats.
F.
Esopus Creek. The portion of the Esopus Creek within the Town of Saugerties is classified by the New York State Department of Environmental Conservation as a Class B Protected Stream. The best usages of Class B waters are primary and secondary contact recreation, including swimming and fishing (6 NYCRR § 701.7). No person shall change, modify or disturb any protected stream, its bed or banks, nor remove from its bed or banks sand, gravel or other material, without a permit issued by the State Department of Environmental Conservation pursuant to 6 NYCRR Part 608.
G.
Plattekill Creek. The portion of the Plattekill Creek within the Town of Saugerties has three separate classifications assigned to it by the New York State Department of Environmental Conservation. From its confluence with the Esopus Creek to Mount Marion Park, the Plattekill Creek is classified as a Class B Protected Stream. The best usages of Class B waters are primary and secondary contact recreation, including swimming, and fishing (6 NYCRR § 701.7). From Mount Marion Park to Blue Mountain, the Plattekill Creek is classified as a Class B (ts) Protected Stream; "ts" designates a trout stream/spawning area. From Blue Mountain to the Town of Hunter border, the Plattekill Creek is classified as a Class A (ts) Protected Stream. The best usages for Class A waters are: a source of water supply for drinking, culinary or food processing purposes; primary and secondary contact recreation; and fishing. The waters shall be suitable for fish propagation and survival. This classification may be given to those waters that, if subjected to approved treatment equal to coagulation, sedimentation, filtration and disinfection, with additional treatment if necessary to reduce naturally present impurities, meet or will meet New York State Department of Health drinking water standards and are or will be considered safe and satisfactory for drinking water purposes (6 NYCRR § 701.6). No person shall change, modify or disturb any protected stream, its bed or banks, nor remove from its bed or banks sand, gravel or other material, without a permit issued by the State Department of Environmental Conservation pursuant to 6 NYCRR Part 608.
H.
Waterfront Overlay District standards. In addition to the standards set forth throughout this chapter, the following site plan review standards shall apply throughout the Waterfront Overlay Districts:
(1)
General standards.
(a)
There shall be no clear-cutting of trees. In addition, measures will be taken to protect and preserve as much mature vegetation as possible on the site, including but not limited to trees of six inches in diameter or more measured at four feet above grade.
(b)
There shall be no destruction, damage or detrimental modification of or interference with natural, scenic, topographic or physical features of the site.
(c)
Landscaping and setbacks shall protect and be compatible with local and regional scenic quality, adjacent fish and wildlife habitats, freshwater wetlands and coastal waters.
(d)
Structure height and bulk shall not disrupt natural topography and are compatible with the site and the adjacent sites, and shall not detract from the natural visual quality of the local area or region.
(e)
Any new on-site sewage disposal systems must comply with New York State Department of Health standards.
(f)
Outdoor lighting shall be shielded to prevent glare hazard on the waterfront and adjacent properties.
(g)
Existing trails shall be maintained whenever possible.
(2)
Shoreline vegetative buffer.
(a)
Shoreline buffer strips of no less than 15 feet in width from the mean-high-water mark are required. Buffers shall consist of trees and shrubs for purposes of preserving the natural and aesthetic quality of the shoreline, protecting against shoreline erosion, providing a filter strip for stormwater runoff, and providing wildlife habitat.
(b)
No more than 30% of vegetation within the buffer may be thinned during any five-year period. Thinning may be done so as to provide views of the water, but mature trees shall remain. Property owners may "raise the tree canopy" by trimming lower branches or "top" trees to slow growth in order to maintain their views of the Hudson River, Esopus Creek or Plattekill Creek.
(c)
The property owner may remove mature trees if such trees are diseased or damaged. Such trees shall be replaced with appropriate species that will help protect water quality and prevent erosion.
(d)
In the event that the shoreline is already cleared, such as former cropland, a vegetative buffer strip consisting of appropriate vegetation that will help protect water quality and prevent erosion shall be reestablished.
(e)
The general exception to the above standards shall be an allowance for river or creek access and beaches. The creation of a contiguous clear-cut opening in the buffer strip shall not exceed 20 linear feet. The pathway created should be constructed or surfaced to be effective in controlling erosion.
(3)
Properties on steep slopes. This section shall apply to steep slopes (areas of greater than fifteen-percent grade) at or near the water's edge that exceed 15 feet in elevation measured from the high-water line or bottom of the cliff, whichever is higher, to the top of the cliff. "At or near the water's edge" shall mean within 30 feet of the mean-high-water mark.
(a)
Building setbacks from the shoreline as specified herein shall be measured from the edge of the steep slope.
(b)
No construction shall take place within 50 feet of the top edge of the steep slope. No land clearance or grading involving motorized equipment shall take place within 30 feet of the top edge of the steep slope.
(c)
No vegetation shall be removed from the steep slope.
(d)
Stairways or walkways constructed on the steep slope shall require a special use permit by the Planning Board.
§ 245-27 Gateway Overlay District.
A.
Purpose.
(1)
The purpose of this section is to create a Gateway Overlay District to enhance the attractiveness of gateway areas in Saugerties for visitors and residents to carry out the intent of the Comprehensive Plan by protecting the views, natural topography and historic fabric along the highway. To further this purpose, these regulations establish a design context, see Subsection D below, to be followed by applicants in the design of projects and to be followed by the Planning Board as part of the site plan approval process, as set forth in Article VII. All nonresidential development in the Gateway Overlay District will be reviewed on a case-by-case basis via the site plan review process to ensure appropriate layout and design of nonresidential properties.
(2)
The Town and Village of Saugerties Comprehensive Plan, in Recommendation 1.4, states that the Town of Saugerties should "work on design for the major gateways to the Town to create a distinct visual impression with enhanced landscaping, directional signs and thematic signs to define entrances and help maintain a sense of community identity."
(3)
Although the gateways identified below contain primarily commercial uses, these areas often include or are adjacent to residential uses. Due to this proximity, some of the gateway areas also serve as community centers to the surrounding neighborhoods. It is the intent of this chapter that commercial uses in these areas should be an asset, both economically and visually to Saugerties and not negatively impact neighbors and adjacent land uses. The Gateway Overlay District regulations are intended to enhance the identified gateway areas making them more visually pleasing for both travelers and residents.
B.
Applicability and location.
(1)
The Gateway Overlay District is superimposed over the basic zoning districts as set forth on the Town of Saugerties Zoning Map (Map 1 of 2, and Map 2 of 2). The regulations presented in this section shall only apply to those lands located within the boundaries of the Gateway Overlay District as overlaid on the Town of Saugerties Zoning Map. In such overlay district, proposed land uses are subject to the requirements set forth in this section, in addition to those requirements and standards ordinarily applicable to the underlying district. In case of conflict, the more restrictive regulation requirements shall apply. The following areas of the Town of Saugerties are hereby designated as Gateway Overlay Districts:
(a)
Route 9W, 200 feet from road center line (entire length within the Town borders).
(b)
Route 32, 200 feet from road center line (Town of Catskill border to Village of Saugerties border).
(c)
Route 32A, 200 feet from road center line (Town of Catskill border to intersection with Route 32).
(d)
Route 212, 200 feet from road center line (Town of Woodstock border to Village of Saugerties border).
(2)
If any portion of a property is within the boundaries of the Gateway Overlay District, the entire property is subject to the requirements of this section. Only development activity that is visible from the roadway is subject to these provisions. The Planning Board shall make the final determination as to whether or not development activity is visible from the roadway.
C.
Effect on schedule of uses. All nonresidential uses in Gateway Overlay Districts shall be subject to the site plan approval process, as set forth in Article VII. As such, the Schedule of Uses is modified in this respect for lands contained in the Gateway Overlay Districts.
D.
Gateway Overlay District standards. In addition to the standards set forth throughout this chapter, the following site plan review standards shall apply throughout the Gateway Overlay Districts:
(1)
Landscaping.
(a)
For all new development projects, the portion of the required front yards located 10 feet from the edge of the right-of-way of the fronting road shall be landscaped, preferably with regularly spaced large shade trees no more than 25 feet to 30 feet on center and kept free of storage materials, equipment, vehicles, all permanent or temporary structures, signs, banners or displays of any kind. Private service or marginal roads (except for access driveways) and parking of vehicles shall not be permitted in these landscaped areas.
(b)
Landscape treatment shall consist of shrubs, ground cover, shade trees and other landscape features. A list of suggestions for trees and shrubs that are good in urban environments, such as high traffic roads, is below. Please be aware that this is not an exhaustive list. For more information about these and other trees and shrubs, contact Ulster Cornell University Cooperative Extension at (845) 340-3990 or New York State Department of Environmental Conservation Urban Forester.
Large Shade Trees | |
|---|---|
Aesculus X camea — Red horse chestnut | |
Fraxinus pennsylvanica — Green ash | |
Gleditsia triacanthos inermis — Thornless honeylocust | |
Platanus acerifolia — 'Bloodgood' london planetree | |
Pyrus calleryana — Aristocrat pear | |
Quercus rubra — Red oak | |
Acer saccharum — Sugar maple | |
Ulmus japonica — Japanese elm | |
Ulmus hollandica — Holland elm |
Small Trees for Under Overhead Wires | |
|---|---|
Acer campestre — Hedge maple | |
Amelanchier canadensis — Serviceberry | |
Malus species — Crabapple | |
Syringa reticulata — Japanese tree lilac | |
Shrubs | |
Forsythia intermedia — Forsythia | |
Ilex glabra — Compact inkberry | |
Juniper species | |
Ligustrum species — Privet hedge | |
Potentilla fruticosa — Potentilla | |
Spirea vanhouttei | |
Syringa vulgaris — Lilac | |
Taxus species — Yew | |
Viburnum species |
(c)
Landscape buffers shall be provided by the applicant between abutting residential and commercial uses. Buffers may include planted trees and shrubs, hedgerows, planted berms, or existing forestland. The width of such buffer areas shall be a minimum of 20 feet. The height of the buffer shall be reasonable and appropriate to visually shield the abutting uses.
(d)
Building placement and lot layout shall be designed to relate to and incorporate existing vegetation. Insofar as practical, existing trees and other vegetation shall be conserved and integrated into the landscape design plan.
(e)
All required landscaping shall be continuously maintained, and any diseased and/or dead vegetation shall be replaced within a reasonable period of time.
(2)
Signs: The requirements of this chapter shall apply.
(3)
Design standards for buildings. All proposed nonresidential uses shall require the submission of architectural design drawings during the site plan review process.
(a)
Trademark (or franchise) architecture that identifies a specific company by building design features is discouraged. Certain features may be retained if the Planning Board deems them to be appropriate and such features do not diminish the community character.
[1]
Signs for franchise businesses must conform to the requirements set forth in this chapter, including size, height and illumination.
[2]
Certain features that distinguish the franchise to its customers may be retained only if such features do not dominate the overall architectural character of the building and do not detract from community character.
[3]
Franchise businesses may be required to modify building materials, roof shape and paint shade, among other features.
(b)
Structures that are visible from a public road shall be consistent in scale, massing, style, materials, texture and color with the small town, historic character of Saugerties. Residential and historic farm architecture shall be the model. Existing buildings with these characteristics shall be retained as far as possible.
(c)
Utility structures and distribution centers, including vaults, transformer pads and transmission poles and towers, shall be placed underground or located along the rear of lots to minimize visual intrusion on public space. Additionally, utility structures shall be screened with foliage or landscaping as viewed from the traveled way. Such foliage and/or landscaping shall be maintained and replaced as needed. On all projects, the applicant/developer will work with the Town and utility companies to coordinate services so as to maximize the appearance of the area while servicing the needs of the future users.
(d)
Drive-up windows, where allowed, shall be placed at the rear of the building to the maximum extent possible. Adjacent properties shall be screened from any glare from vehicles or building lights resulting from use of a drive-up window.
(4)
Parking. In addition to the off-street parking and loading standards in § 245-29, the following is required:
(a)
Any two or more nonresidential establishments shall, where applicable, collectively join in providing required off-street parking spaces. The Planning Board may also require an applicant to construct a site layout that facilitates joint access to neighboring properties in anticipation of future development. If it is proposed that such facility shall be shared by other properties, a legal agreement ensuring that the facility will be available to all proposed participants shall be approved by the Town Attorney or Planning Board Attorney before approval is granted for such joint facilities. Accessways or driveways shall cross over and be level with any existing or proposed pedestrian/bicycle facility and shall not cut through such facility.
(b)
Off-street parking shall be located at the rear or side of buildings, where practicable, allowing buildings themselves to be as close to the road as practicable. Parking lots located in the front or to the side of a building, but not those located to the rear of a building, unless fronting on a public way, shall be screened from public view to the maximum extent possible with landscaping, buffering or screening. This may be accomplished through the use of planted berms, wood or masonry walls, trees and shrubbery, or any combination, to screen parking lots from street or adjacent properties. The height of any required screening may decrease where driveways approach sidewalks or walkways and shall not interfere with clear sight requirements.
(c)
The Planning Board may require parking lots for 30 or more cars to have interior landscaping, if it is determined that such landscaping is necessary in order to enhance the attractiveness of the parking area and lessen the visual impact on the surrounding areas.
(d)
All loading areas shall be screened from the remainder of the development, roadways and adjoining parcels of land to the maximum extent practicable. Screening shall be achieved through walls, fences and landscaping and shall be visually impervious.
(5)
Lighting.
(a)
Outdoor lighting shall be designed, installed and maintained in a manner that does not present a glare hazard to drivers or pedestrians. All reasonable measures, such as altering pole height, changing bulb type or using shielded fixtures, shall be taken to prevent the projection of a nuisance glare onto neighboring properties. Lighting is best when directed at the buildings or signs to be illuminated. Outdoor light fixtures properly installed and thereafter maintained shall be directed so that there will be no objectionable direct light emissions.
(b)
At the property line of the subject property, illumination from light fixtures shall not exceed 0.1 footcandle on adjacent residential property or 0.5 footcandle on adjacent business property, measured in a vertical plane.
(c)
The Planning Board may, as it deems appropriate, require that lighting be controlled by automatic timing devices to extinguish offending sources during specified periods to mitigate glare consequences. The Planning Board may also require that lighting, except for security lighting, be extinguished between the hours of 12:00 midnight and 6:00 a.m., for businesses that are not operating during that time.
(6)
Miscellaneous.
(a)
All dumpster, compactor or refuse collection areas, pallet yards or similar features shall be effectively screened by a fence around the perimeter of the area with a gate or other types of screening.
(b)
The outdoor storage of salt, snow-melting chemicals, pesticides, herbicides, water-soluble chemicals, heavy metals, radioactive substances or volatile chemical compounds is prohibited. Storage of such materials must be suitably covered or within a structure so as to prevent runoff and damage to adjacent properties and groundwater.
(c)
Preservation of existing scenic vistas and views within the gateway area shall be considered by the Planning Board and shall be preserved to the greatest extent practicable.
(7)
Access management.
(a)
Intent. The purpose of these access management standards is to provide safe and efficient travel along public streets in the Gateway Overlay District. These standards are based on the goals and strategies of the Saugerties Area Mobility Analysis (2007), which are to minimize congestion on the highway system, maintain and improve the quality of life and community, improve the economic well-being of the area, and improve alternative travel modes.
(b)
Applicability. These standards shall apply to all uses in all zoning districts within the Gateway Overlay District.
(c)
General requirements.
[1]
Access and circulation shown on subdivision and site plans developed under these regulations shall also conform to the requirements of other federal, state and local agencies responsible for transportation system elements proposed for modification.
[2]
Parcels created after the effective date of these regulations do not have the right of individual access to existing abutting public streets. The number of planned access connections is to be the minimum necessary to provide safe and reasonable access. This may be less than the number of access connections which would be allowed based solely on minimum property width requirements.
[3]
New public or private streets, shared driveways or cross access may be necessary to meet the requirements of these regulations. If access is to be provided by means other than direct access to a public street, a permanent recorded easement which runs with the land shall be executed. In addition, operating and maintenance agreements for all such facilities shall be recorded with the deed.
[4]
Subdivision of a parcel with frontage on two or more streets may be required to provide access from all lots which result from the proposed subdivision to all such streets without traveling on the existing street network. In most cases, even if a vehicle connection is not provided, a pedestrian connection shall be provided.
[5]
Parcels with frontage on more than one street may be limited to one access connection to the lowest class of street serving the proposed development.
[6]
Unless otherwise specified, all distances shall be measured from center line to center line along the edge of the street right-of-way. Where street or intersection modifications are planned, all distances shall be from the proposed center line along the edge of the proposed right-of-way.
(d)
Driveway standards.
[1]
Spacing standards. Each driveway constructed within the Gateway Overlay District shall comply with the following:
[a]
Driveways shall be located so as to meet or exceed the driveway spacing standards shown in Table 1.
[b]
Driveway spacing standards shall apply to driveways located on the same side of a road.
[c]
Driveway spacing is to be measured along the road from the center line of the driveway to the center line of the next driveway.
Table 1: Driveway Spacing Standards | ||
|---|---|---|
Street Type | Recommended Driveway Separation (feet) | |
Major street | 330 | |
Collector street | 220 | |
Local street | 80% of lot width | |
Access or development street | 80% of lot width | |
[2]
Driveway location. Driveway location will be based on a site plan which has been approved by the Town Planning Board in consultation with the New York State Department of Transportation and/or the Town Engineer/Town Highway Superintendent.
[3]
For the purpose of driveway locations, median openings shall be treated as intersections and driveways to properties opposing a median opening shall be located so as to meet or exceed the minimum corner clearance standards, except where a median opening is specifically constructed or reconstructed to provide vehicular access to such properties.
[4]
Driveways shall be located so as to meet or exceed the driveway spacing and minimum corner clearance standards.
[5]
The Town Planning Board may allow the location of driveways at less than the minimum driveway spacing standards and corner clearance standards, if:
[a]
A dual-driveway system, cross-access driveway system or shared driveway is proposed and this improves the safe and efficient movement of traffic between the lot and the road;
[b]
A driveway or driveways could be located so as to meet the minimum driveway spacing standards and corner clearance standards but the characteristics of the lot or the physical or operational characteristics of the road are such that a change of location will improve the safe and efficient movement of traffic between the lot and the road; or
[c]
Conformance with the driveway spacing standards or corner clearance standards imposes undue hardship on the lot owner.
[6]
Driveway design.
[a]
Driveways shall be designed so as to provide for the safe and efficient movement of traffic between the public road and the lot and to eliminate the potential for the queuing of vehicles along the public road due to congestion in or at the driveway.
[b]
Vehicle circulation systems on the lot shall be designed so as to provide for the safe and efficient movement of traffic between the driveway and the parking area.
[c]
Driveway width, radii, flare, throat length, internal circulation systems, and other design elements for driveways to developments generating more than 150 peak-hour trips shall be based upon traffic, engineering and design data provided by a traffic/consultant who is recognized and accepted by the Town Planning Board. In the event that a traffic engineer/consultant is not provided, the Town shall have the right to retain such traffic engineer/consultant at the cost of the applicant.
[7]
Driveway movements.
[8]
For properties unable to meet the minimum driveway spacing standards or corner clearance standards, a temporary driveway may be granted. The granting of a temporary driveway will be conditioned on obtaining a shared driveway, cross-access driveway, or unified parking and circulation with an abutting lot, and closure of the temporary driveway in the future.
[9]
Corner clearance. The following standards shall guide approval of driveway access on corner parcels:
[a]
Generally, no driveways shall be allowed within the functional area of the intersection. If parcel boundaries or topography preclude location outside the functional area of the intersection, access may be limited to right turns in and/or right turns out and/or left turns in. As determined by the Municipal Engineer, the driveway shall generally be located as far from the intersection as possible and in the safest possible location.
[b]
Development on corner parcels should be linked by cross access to abutting properties of the same type (i.e., residential or nonresidential).
[c]
Driveways for corner parcels with frontage along a major or a collector street shall be located no closer than 220 feet from the intersection.
[d]
If no alternative reasonable access exists, partial (right-in/right-out) access that does not create safety or operation problems may be allowed if located a minimum of 110 feet from the nearest edge of existing or proposed pavement. Driveways for corner parcels with frontage solely along local streets or access or development streets shall be located no closer than 60% of the minimum lot width.
[e]
Corner clearance is to be measured along the street right-of-way from the center line of the driveway pavement to the closest edge of the existing or proposed street pavement.
[f]
For properties unable to meet the minimum corner clearance requirements, driveways shall be located as far as practicable from the intersection. In such cases, driveway movements may be restricted and only one driveway will be permitted along the road frontage not meeting the minimum corner clearance requirement.
(e)
Street and signal spacing. Intersection spacing standards shall be applied, as development occurs, to preserve desirable location and alignment of streets to serve future growth and provide an efficient overall transportation system.
[1]
The following presents recommended cross street and signal spacing standards.
Recommended Street, Intersection and Signal Spacing | ||||
|---|---|---|---|---|
Intersection Spacing (feet) | ||||
Maximum | Minimum | |||
Street Type | Through-Street Intersection | Signalized Intersection | Unsignalized Intersection | |
Major | 5,280 | 2,640 | 1,320 | |
Collector | 2,640 | 1,320 | 880 | |
Local | 1,320 | NA | 440 | |
Access or development | 880 | NA | 440 | |
[2]
On the advice of the Municipal Engineer, the Planning Board may raise or lower the required intersection spacing standards based on posted or operational speeds in the vicinity of the proposed site, the type and character of the development proposed to be served, and the impact of projected traffic generation on the area street network.
(f)
Changes in access.
[1]
The Town Planning Board may establish provisions for and require future alteration of the lot layout, the location and design of driveways, parking, and other access features based on phased development, additional development or a change in use of a lot, or development of or a change in use at an abutting lot.
[2]
On completion of a side, access or service road abutting a lot with a driveway connection to a public road, the Town Planning Board may require a driveway or driveways to the side, access or service road and closure of the driveway connection to the public road.
[3]
For any change of use of a lot which requires a Town permit or approval and increases peak-hour trips, the Town Planning Board may:
[a]
Require the closure or relocation or consolidation of driveways so as to meet the minimum driveway spacing standard for the new level of peak-hour trips;
[b]
Require shared driveways and cross-access driveways with abutting lots; or
[c]
Require alteration of the lot layout and parking to allow for the circulation of traffic between abutting properties.
(g)
Medians.
[1]
The type, location and length of medians on state roads will be determined by the New York State Department of Transportation. This determination will be made in consultation with the Town Planning Board and will be based on existing and projected traffic conditions, the type, size, and extent of development and traffic generated by developments, traffic control needs and other factors.
(h)
Required mitigation of traffic impacts.
[1]
Any proposed residential subdivision or nonresidential development projected to generate more than 150 trips during any weekday or weekend peak hour may be required to mitigate the traffic impacts of such new development. Required mitigation shall be recommended by a qualified traffic engineer based on the assumptions and analyses included in a comprehensive traffic study completed in accordance with the procedures of the State Environmental Quality Review Act.
[2]
Required mitigation may include but shall not be limited to the installation of signals, turning lanes, or medians, the use of shared driveways, cross access, or the construction of access or development streets, and/or other traffic-demand management strategies.
[3]
Phased mitigation may be allowed where phased development is proposed.
§ 245-28 Standards for uses in Office/Light Industrial (OLI) Districts and Industrial (I) Districts.
[Amended 7-13-2022 by L.L. No. 3-2022]
The following standards shall apply to all sites and buildings in the OLI District and I District occupied by uses included on the Schedule of District Use Regulations[1] except those under residential and open space uses and accessory uses.
A.
The storage and processing of goods or materials shall take place within fully enclosed buildings unless authorized by the Planning Board after determining that materials are securely stored on site without potential detriment to the environment and is screened from view of public rights of way and adjacent residential uses.
B.
At least 20% of the gross site area shall be pervious, which shall be deemed to include natural vegetation, landscaping, lawn or pervious pavement. The use of pervious pavement is encouraged for parking lots, driveways and walkways where environmentally safe to do so. The applicant shall provide construction details for the proposed pervious materials and shall demonstrate that the materials can sustain the wear and tear associated with the applicable use and shall be maintained in proper working condition for the life of the use.
C.
An increased setback of at least 100 feet shall be established between a proposed building or structure in the OLI or I Districts and any adjacent LDR, MDR or HDR Residential District boundary line. A greater setback may be imposed by the Planning Board upon a finding that the height, location or operation of a proposed building or structure located in the OLI or I District may negatively impact the use and enjoyment of residential properties within an adjacent LDR, MDR or HDR Zoning District by casting a shadow or otherwise negatively impacting residentially zoned properties. The Planning Board may require that a visual impact and/or shadow analysis be provided. The site plan shall comply with the following:
(1)
Within the required buffer, a landscaped area abutting the residential district shall be provided and kept free of roadways, pavement and structures and parking or storage of any materials or goods.
(2)
The above setback requirements shall not apply when the boundary between an OLI District or I District and a residence district follows the right-of-way of the New York State Thruway or active rail right-of-way.
D.
An increased setback of at least 75 feet shall be established between a proposed building or structure in the OLI or I District and the property line of any existing residential structure located within the OLI and I District. A greater setback may be established by the Planning Board to ensure that the height and location of the proposed building or structure does not cast a shadow or otherwise negatively impact existing residential properties. Within the required buffer, a landscaped area or privacy fence shall be provided and kept free of roadways, pavement, structures, parking or storage of any materials or goods.
E.
The Planning Board shall seek to minimize the impacts of noise, odor and light on adjoining properties to the maximum extent practicable. The Board, in its discretion, may require the submission of studies as part of their deliberations. Lighting shall adhere to International Dark Sky guidance and shall not be more than 0.1 footcandle at a nonresidential property boundary or 0.5 footcandles at a residential property boundary.
F.
Site plan approval as set forth in § 245-33 shall be required for:
(1)
All new structures;
(2)
Additions to existing structures where the addition contains a floor area of more than 500 square feet or more than 10% of the existing floor area, whichever is greater;
(3)
Any change in the land use category of the principal use of; and
(4)
Any change in parking layout or access location.
G.
Certain large buildings and structures which existed within the designated Office/Light Industrial (OLI) District and Industrial (I) District prior to the enactment of the 1989 Zoning Law were specifically designed and used for various manufacturing and industrial purposes. Continued use of such building and structures for their original purpose will only maintain the status quo and not present any change in the existing character of the surrounding area. Therefore, notwithstanding any other provision of this chapter, the Zoning Board of Appeals is authorized to permit any building or structure in the OLI and I Districts with a gross floor area of more than 50,000 square feet which was legally in existence and being used for industrial purposes on November 13, 1989, (the effective date of the original Zoning Law of the Town of Saugerties) to be used for any use permitted in the Industrial (I) District which is not already permitted in the OLI District. Prior to authorizing such use, the Zoning Board of Appeals shall make a finding that the nature of the industrial process and the goods produced will be conducted in a manner which will have no greater effect beyond the principal building in terms of traffic, noise, odor, fumes, smoke or other emissions, vibration, solid waste, sewage, or water usage or any other environmental impact, than other uses permitted in the OLI and I Districts.
[1]
Editor's Note: The Schedule of District Use Regulations is included at the end of this chapter.
§ 245-29 Off-street parking and loading standards.
Off-street parking and loading spaces shall be provided at the time a new use is established through construction of a new building or alteration or conversion of an existing building, in accord with the following standards and regulations.
A.
Off-street parking.
(1)
Required parking spaces. Off-street parking spaces shall be provided as follows, except where specifically waived in this section.
Type of Use | Minimum No. of Parking Spaces | ||
|---|---|---|---|
Residential and Related Uses | |||
One-family residences | 2 spaces for each detached dwelling unit | ||
Row houses, two-family and multifamily residences | 1 1/2 spaces for each dwelling unit | ||
Religious facilities | 1 space for every 8 seats | ||
Places of public assembly, clubs and fraternal organizations, and recreation facilities | 1 space for every 4 seats in the largest hall or meeting area or for every 4 members, whichever is greater. | ||
Cultural facilities | 1 space for every 500 square feet of gross floor area | ||
Hospital | 1 space for every 2 beds | ||
Convalescent home | 1 space for every 4 beds | ||
Tourist home | 1 space for every 2 beds | ||
Home occupation | 1 space plus 1 additional space for any nonresident employee in addition to those spaces required for the residential use | ||
Day-care center or nursery school | 1 space per staff member plus 1 space per classroom | ||
Commercial and Related Uses | |||
Banks | 3 spaces for each teller or service window | ||
Retail stores or service establishments | 1 space for each 200 square feet of gross floor area | ||
Professional or business offices | 1 space for each 250 square feet of gross floor area | ||
Medical and dental offices | 4 spaces per doctor or dentist plus 1 for each additional employee | ||
Restaurants and bars | 1 space for every 3 seats or 100 square feet of gross floor and bar area, whichever is greater | ||
Theaters and similar places of public assembly or recreation activity | 1 space for every 4 seats or participants or 100 square feet of gross floor area, whichever is greater | ||
Undertakers | 1 space for each 3 seats provided under maximum occupancy | ||
Hotel and motel | 1 space per guest room plus 1 space for every 3 employees | ||
Heavy Commercial and Industrial Uses | |||
Wholesale, storage and warehousing | 1 space for every 2,500 square feet of gross floor area | ||
Light assembly, general industrial and similar uses | 1 space for each 400 square feet of gross floor area | ||
Automotive sales and repair | 1 space for each 200 square feet of sales area and 1 space for each 500 square feet of service area | ||
Other industrial or heavy commercial uses | 1 space for each 500 square feet of gross floor area | ||
(a)
Uses not listed above. Reasonable and appropriate off-street parking requirements for uses which do not fall within the categories listed above shall be determined by the Planning Board upon consideration of all factors relating to the parking needs of each use.
(b)
No use shall be allowed parking facilities that accommodate more than 20% over the amount specified in this section unless expressly allowed by the Planning Board as part of an application for site plan review. Any parking that exceeds the amount specified in this section shall be provided using pervious materials that allow stormwater to infiltrate the ground.
(2)
Waiver of parking requirements. Off-street parking requirements may be waived in part in the following cases:
(a)
Housing for the elderly. Where housing is designed specifically for and occupied by persons 62 years of age or older, required off-street parking may be reduced to one space for every two dwelling units.
(b)
Joint use of spaces. In the case of two or more uses located on the same lot, the sum of the space required for all uses individually may be reduced to an amount no less than 125% of the largest number of spaces required by any single use, upon a determination by the Planning Board that such a reduced amount of parking space will be adequate to serve all uses on the lot due to their different character and hours of operation.
(c)
Preexisting uses. Structures and uses in existence as of the effective date of this chapter shall not be subject to the parking requirements herein. However, if the parking spaces serving such structure or use are less than would be required by this chapter, they shall not be reduced and, if the structure or use is expanded, additional parking spaces in the appropriate amount required in Subsection A above shall be provided to serve such expanded area.
(3)
Dimensions of parking spaces.
(4)
Location of parking spaces.
(a)
All required parking spaces shall be located on the same lot as the use they are intended to serve, unless otherwise approved by the Planning Board.
(b)
In any residential district, no open or enclosed parking area shall encroach on any required front yard. Parking areas may extend into a required side or rear yard to within 10 feet of a side or rear lot line.
(c)
In business and industrial districts, open parking areas shall not extend within 10 feet of a street or right-of-way line or within 15 feet of a property line in a residential district.
(d)
Entrance or exit drives from parking areas shall not exceed 30 feet in width and shall not be permitted within 30 feet of the intersection of two public rights-of-way.
(e)
Curb cuts shall be minimized to encourage safe and convenient traffic circulation. The Planning Board may require the interconnection of parking areas, now or in the future, via access drives, service roads or pedestrian accessways within and between adjacent lots. The Board shall require written assurance and/or deed restrictions, satisfactory to the Town Attorney, binding the owner and his heirs and assignees to permit and maintain such internal access and circulation.
(f)
Entrance and exit drives shall be designed so that sidewalks maintain a continuous grade as they cross driveways. The construction of facilities such as walkways and pedestrian crossings shall be in compliance with Americans With Disabilities Act standards for accessible design.
(5)
Screening and landscaping of parking areas.
(a)
Parking areas of five or more cars which are adjacent to or across the street from properties in a residential district shall be screened from the view of such properties by a combination of walls, fences, or hedges.
(b)
All areas in a parking lot not required for parking space or access drives shall be suitably landscaped and maintained and include the use of shade trees. A landscaping plan for parking areas shall be submitted for those uses requiring site plan review by the Planning Board.
(c)
Any parking facility for more than 20 cars shall provide landscaped areas within the parking lot equal to at least 20% of the gross parking lot area. This landscape area requirement shall be provided by landscaped end islands and landscaped center islands within the parking area. Landscaped end islands shall be a minimum of 15 feet in width and landscaped center islands shall be a minimum of 18 feet in width. The number and type of plantings within the landscaped islands shall be determined by the Planning Board.
(6)
Pervious or porous materials. Where feasible, the use of pervious or porous materials in the construction of parking facilities is highly encouraged, such as grass, crushed stone, porous asphalt and concrete mixtures and blocks or brick laid in sand. The porous or pervious surfaces can cover the entire lot or certain areas, such as parking stalls. Porous surfaces should be designed to encourage the direct infiltration and cleansing of stormwater, thus reducing the adverse environmental impacts of large impervious parking areas.
(7)
General provisions. Off-street parking areas shall not be used for any purpose other than the parking of vehicles for customer, resident or employee use. There shall be no storage, servicing or dismantling of automobiles or other vehicles, and no part of any parking lot shall be used for the sale, storage or abandonment of any articles or goods.
B.
Off-street loading.
(1)
Required loading facilities. Off-street loading facilities shall be provided as follows:
Use | Minimum No. of Loading Berths | |
|---|---|---|
Undertaker | 1 berth for each chapel | |
Hotels and motels | 1 berth for each 25,000 square feet of gross floor area in excess of 10,000 square feet | |
Retail stores, service establishments, restaurants and other nonresidential uses not listed elsewhere | 1 berth for the area between 5,000 to 15,000 square feet and 1 berth for each additional 25,000 square feet of gross floor area. | |
Wholesale establishments | 1 berth for each 10,000 square feet of gross area. | |
Industrial and manufacturing uses | 1 berth for the area between 5,000 to 10,000 square feet and 1 berth for each additional 25,000 square feet of gross floor area |
(2)
Location and dimensions of loading berths. A full berth shall be provided where the floor area exceeds 50% of the area requiring a berth.
(a)
All off-street loading berths shall be located on the same lot as the use for which they are required.
(b)
Open off-street loading areas shall not encroach on any required front or side yard, off-street parking area or accessway.
(c)
No loading berth shall be located within 50 feet of a property line in a residential district or within 10 feet of any other property line.
(d)
Each loading berth shall be at least 35 feet long, 12 feet wide and 14 feet high, (except that berths for undertakers may be 20 feet long, 10 feet wide and nine feet high).
C.
Electric vehicle charging stations. Electric vehicle charging stations shall be installed in all new multifamily unit dwellings with 10 or more parking spaces and shall provide electric vehicle charging stations at a ratio of 10% of the total parking spaces and not less than two parking spaces per qualifying parking area.
[Added 5-19-2021 by L.L. No. 2-2021]
§ 245-30 Affordable housing.
Affordable housing shall be provided in the following manner:
A.
Upon agreement by a developer to dedicate up to 20% of the units in a proposed development as affordable housing (as defined below), the developer may request a density bonus up to the proportion of affordable units proposed, provided that all other bulk provisions of this chapter can be satisfied. In other words, if 15% of the units are proposed as affordable, a bonus of 15% additional units may be requested.
[Amended 9-11-2014 by L.L. No. 3-2014]
B.
Each affordable unit created in accordance with Subsection A above shall have limitations governing its sale, resale or rental. The purpose of these limitations is to preserve the long term affordability of the unit and to ensure its continued availability of the unit and to ensure its continued availability for income-qualifying households. These controls shall be established through a restriction on the property, as follows: This dwelling has been constructed for use by the moderate-income families pursuant to a special affordable housing program established under the Saugerties Town Code. All future sales, resale or rental of this dwelling in perpetuity must be to a person who is determined to be eligible under affordable housing guidelines and at a price determined in accordance with § 245-30 of the Code of the Town of Saugerties, Subsection C or D.
[Amended 9-11-2014 by L.L. No. 3-2014]
C.
Maximum sale price. The maximum sale price for an affordable unit shall be based on the annual cost of ownership which shall not exceed 100% of the current Kingston, New York, metropolitan service area (Kingston, New York MSA) median family income, adjusted for family size (per annual report produced by HUD), multiplied by 30%. The annual cost of ownership includes the sum of the principal, interest, taxes, insurance (PITI) and common charges, if applicable. For example, assuming that the adjusted median family income for a family of four is $63,500, the calculation would be as follows:
Step 1: $63,500 X 100% = $63,500 | |
Step 2: $63,500 X 30% = $19,050 or $1,588/month |
D.
Maximum yearly rent. The maximum yearly rent, excluding utilities, for a particular household shall not exceed the result of the following calculation: 75% of the adjusted median family income multiplied by 25%. For example, assuming that the adjusted median family income for a family of four is $63,500, the calculation would be as follows:
Step 1: $63,500 X 75% = $47,625 | |
Step 2: $47,625 X 25% = $11,906.25 or $992/month |
E.
Affordable housing units created in accordance with this section shall be incorporated into the project in the following manner:
(1)
Affordable units shall be evenly distributed throughout the project. In no event shall affordable units be located in only one portion of the project.
(2)
Affordable units shall be integrated with the rest of the development and shall be compatible in design, appearance, construction, and quality of materials with market-rate units.
(3)
Where feasible, affordable housing units shall be provided coincident to the development of market-rate units, but in no event shall the development of affordable units be delayed beyond the following schedule:[1]
Market-Rate Units Constructed (%) | Affordable Housing Units Constructed (%) |
|---|---|
Up to 30% | None required |
30% plus 1 unit | At least 10% |
Up to 50% | At least 30% |
Up to 75% | At least 50% |
75% plus 1 unit | At least 70% |
Up to 90% | 100% |
[1]
Editor’s Note: Former Subsection E(4), regarding monitoring of affordable dwelling units, which immediately followed this subsection, was repealed 9-11-2014 by L.L. No. 3-2014.
§ 245-31 Regulation of automobile junkyards.
All existing or proposed automobile junkyards shall be regulated according to New York State General Municipal Law § 136 and any other federal, state, county or local laws that may apply thereto.