Union Vale, NY Zoning Ordinance

No person, firm or corporation shall operate or cause to be operated any source of sound, except as set forth below, which exceeds the limit set forth below when measured by a sound meter having an A-weighted filter and constructed in accordance with the specifications of the American National Standards Institute (ANSI) at any property line of the lot from which the noise is emitted:

Sixty decibels on the A-weighted scale (60 dbA) between the hours of 7:00 a.m. and 8:00 p.m.

Fifty decibels on the A-weighted scale (50 dbA) between the hours of 8:00 p.m. and 7:00 a.m.

The above limitations shall, however, not be applicable to the following uses and activities:

Temporary construction noises between the hours of 7:00 a.m. and 8:00 p.m.

Transient noises of moving sources such as automobiles, trucks and aircraft.

Noise from safety signals, warning devices and emergency pressure relief valves.

The sound of bells or chimes from a church.

Noises generated by either agricultural and farm activities or the normal maintenance of residential, business and other properties.

Smoke. No person, firm or corporation shall permit the emission of smoke or any other atmospheric pollutant from any source whatever for a period or periods aggregating more than four minutes in any one hour which exceeds the density of equivalent capacity of No. 1 on the Ringelmann Chart as measured at the point of emission. The emission of smoke or any other atmospheric pollutant shall not be permitted, regardless of quantity, if it is in any way detrimental to public health or safety or is a source of damage to property. The above notwithstanding, this provision shall not be construed to apply to either the burning of firewood as a heating fuel or to the open burning of brush, yard debris and other material as may be authorized by NYSDEC or other authority.

Particulate matter. No person, firm or corporation shall permit the emission of any particulate matter, from any source whatsoever, in excess of applicable state and federal regulations.

Glare and heat.

No unreasonable glare or heat shall be produced that is perceptible beyond the boundaries of the lot on which such use is situated. Special efforts shall be required, such as the planting of intervening vegetation and the installation of light shields, to alleviate the impact of objectionable or offensive light and glare produced by exterior sources on neighboring residential properties or public thoroughfares.

In particular, no use shall produce glare so as to cause illumination beyond the property on which it is located to be in excess of 0.4 footcandle at any property boundary, including the street of highway right-of-way. Further, any outdoor lighting fixture, with the exception of incandescent fixtures up to 200-watt intensity per light source (i.e., refractor, reflector or globe), shall be shielded from above and from the sides when necessary in such a manner that each of the following criteria is met:

The edge of the shield is below the light source.

Direct rays from the light source are confined to within the property boundaries.

Direct rays from the light source are prevented from escaping to the sky.

Solid wastes and nontoxic liquid wastes. No solid wastes or nontoxic liquid wastes shall be discharged into any public sewer, common or private sewage disposal system or stream or either on or into the ground, except in strict conformance with the standards promulgated by the New York State Health Department, the New York State Department of Environmental Conservation (NYSDEC) or other duly empowered agency. Facilities for the storage of solid wastes shall be so located and designed as to be screened from the street and/or from adjoining property and so as to discourage the harboring of insects or rodents.

Radioactivity or electromagnetic disturbance. No activities shall be permitted which either emit dangerous radioactivity beyond the premises on which such activity is located or create electrical disturbance adversely affecting the operation of radios, televisions or any equipment other than that of the creator of such disturbance.

Fire and explosion hazards. All activities involving and all storage of inflammable and explosive materials shall be provided with adequate safety devices against the hazard of fire and explosion and with adequate firefighting and fire suppression equipment and devices standard in the industry. All applicable requirements of the New York State Uniform Fire Prevention and Building Code, as well as the pertinent provisions of the National Fire Protective Association (NFPA) Code, shall be fully observed.

Odor. No person, firm or corporation, excluding farms and agricultural operations, shall permit the emission of odor that would be characterized as either noxious or offensive at the property line of the lot from which the odor is emitted.

Toxic or noxious wastes. No land use or operation shall be permitted which permits or causes the escape of any toxic or noxious fumes, gases or other wastes outside the building in which the use is conducted. In particular, toxic wastes from light industry, commercial establishments, institutions, home occupations, farms, residences or any other source shall not be disposed of on the ground or into the surface water or down the drain into septic systems or placed curbside with ordinary household garbage. Wastes such as but not limited to creosote, oils, liquid and solid chemicals, solvents and cleaners, glues, acids, metals, infectious materials, pesticides and herbicides, paints and varnishes, pharmaceuticals and radioactive wastes, including low level and BRC grade, shall be properly stored and disposed of at facilities or through pickup services specifically designated for the handling and disposition of such toxic substances.

Vibration. No activity shall cause or create a steady state or impact vibration discernible at any lot line.

Maintenance of developed lots. All portions of any developed lot shall have adequate grading and drainage and shall be continuously maintained in a dust-free and erosion-resistant condition by suitable landscaping with trees, shrubs, grasses or other planted ground cover or by paving with asphalt, concrete, washed stone or other suitable materials. Required yard areas shall be planted and maintained in accordance with he approved site plan for the premises and in a manner which is compatible with its use and enjoyment.

Junk storage. No deposit, accumulation, or storage of junk, regardless of quantity and as defined within Town Code Chapter 151, Junk Storage, shall occur on any portion of any parcel within the Town in conflict with the provisions set forth therein.

Design Standards for TC District. All development within the TC District shall meet all design standards of Chapter 210 including those in Attachment 3.[1]

Editor's Note: Attachment 3 is included as an attachment to this chapter.

§ 210-25 Off-street parking and loading standards.

[Amended 10-9-2003 by L.L. No. 5-2003; 3-11-2010 by L.L. No. 12-2010; 1-18-2023 by L.L. No. 1-2023]

In all zoning districts, at the time any new building or structure is erected, any existing building or structure enlarged or increased in capacity by adding dwelling units, guest rooms, seats or floor area, or new or changed use of either land or structure established, permanent off-street parking and loading spaces shall be provided and maintained in accordance with the minimum standards as to number, location and configuration set forth below.

Required number of off-street parking spaces.

The minimum cumulative number of off-street parking spaces stated below shall be required in addition to one off-street parking space for each commercial vehicle associated with a commercial, business or light industrial use and those off-street parking spaces required to accommodate handicapped persons in accordance with the requirements of the New York State Uniform Fire Prevention and Building Code and the New York State Vehicle and Traffic Law:

Residential uses:

For a single-family dwelling: two spaces.

For a two-family dwelling: four spaces.

For a multifamily dwelling: two spaces per dwelling unit.

For a boarding or rooming house: one space per guest room plus required space for other dwelling unit(s) on premises.

For an accessory dwelling: two spaces per dwelling unit.

For a home occupation: one space per 250 square feet of such use, if customers or clients routinely visit use, plus one space per outside employee.

For a bed-and-breakfast establishment: one space per guest room plus required spaces for other dwelling unit(s) on premises.

For a family or group family day care home: one space per three children enrolled in excess of three plus required spaces for other dwelling unit(s) on premises.

Institutional and community service uses:

For churches, meeting halls, membership clubs, auditoriums, theatres, performing arts centers or other places of public assembly not otherwise specified herein: one space per four seats of 60 square feet of seating area where fixed seating is not provided.

For schools and other educational institutions: one space per 12 classroom seats or the auditorium requirement as specified above, whichever is greater.

For a nursery school or child day-care center: one space per three children enrolled at peak hour.

For a museum, library or other cultural facility: one space per 250 square feet of gross floor area.

For a membership club or similar use: either one space for each 200 square feet of gross floor area or one space for each three seats in dining and/or bar area, whichever is greater.

For a nursing home or similar use: one space for each four beds computed on the basis of maximum capacity of the structure.

Recreational uses:

For a bowling alley, golf course, tennis club, billiard hall, or similar use: four spaces per alley, tee, court, table or similar measure.

Business and commercial uses:

For a retail business or similar use: either one space for each 150 square feet of retail/service area accessible to customers or one space per 200 square feet of gross floor area, whichever is greater.

For a personal service use or establishment, one space for each 150 square feet of gross floor area.

For a medical clinic and related professional health service offices: four spaces per professional.

For an office, including nonmedical professional, business or public uses, one space for each 200 square feet for the first 1,000 square feet of gross floor area, and one space per 300 square feet thereafter.

For a funeral home or similar establishment, one space per four seats or 80 square feet of public viewing area.

For a restaurant, bar, nightclub or catering facility: either one space for each three seats within the dining room and/or bar area or one space per 60 square feet of floor area available to patrons, including outdoor service or dining area, whichever is greater.

For a hotel, motel or similar establishment: one space per guest room.

For an automobile service facility or similar use: at least 10 spaces.

For an automobile sales facility, equipment rental or sales yard, or similar use: one space for each 3,000 square feet of land area devoted to the use.

Light industrial uses:

For light industrial, wholesale and similar uses: one space per employee on the largest shift, plus necessary space for visitor and company vehicles, but not less than one space per 600 square feet of gross floor area.

For uses not specifically listed, the requirement shall be the same as for the most similar use listed as determined by the Planning Board at the time of special permit and/or site plan review, as provided for in Articles VI and VII, respectively, of this chapter, or as may be more explicitly provided for a specific use within the additional standards and requirements set forth at § 210-56 of the latter article.

In the case of a combination of uses on a single parcel, the requirement for off-street parking spaces shall be the sum of the requirements for the various individual uses, unless it can be established by the applicant through empirical data and to the satisfaction of the Planning Board that staggered hours of use would permit reduction of the requirement. In particular, up to 50% of the parking spaces required for churches, theatres, and similar places of public assembly with peak attendance on Sundays and/or evenings may be assigned to an adjacent use or uses, which will be closed on Sundays and/or evenings.

In the instance of any authorization for a reduction in parking due to either the effect of staggered hours of operation or other circumstances which may cause the Planning Board to conclude that fewer parking spaces may be required than would be required under the above schedule, the Planning Board may accept additional green area in lieu of parking for not more than 30% of the parking spaces otherwise required but not installed.

Design standards for off-street parking spaces and related accessways.

Areas that may be considered as meeting off-street parking space requirements may include a garage, carport or other properly developed area available for parking, not to include a public or private street and any portion of the right-of-way thereof. For development within the TC District, all requirements of this section and of Attachment 3 (Design Standards) shall be met.[1]

Editor's Note: Attachment 3 is included as an attachment to this chapter.

Required off-street parking spaces shall be provided on the same lot with the building or use to which such spaces are incidental, or nor more than 300 feet therefrom.

In all districts, parking areas shall be located no closer to any property line than the minimum parking setbacks established in the District Schedule of Area and Bulk Regulations set forth in Article III of this chapter. If parking associated with a nonresidential use is abutting an existing residential use or land situated within a residential district, a minimum separation of 25 feet, or such greater distance as may be required within said Schedule, between any parking area or access thereto and the residential property line shall be maintained.

In all districts, each parking space provided shall be a minimum of nine feet wide and 19 feet in length, with due consideration provided to a greater width for end spaces and those which may be encumbered by an adjacent obstruction such as a wall of lighting standards. Each space shall have direct and usable driveway access to a street or other roadway and adequate maneuvering area between spaces in accordance with proper engineering standards, including the following:

Parallel curb parking: End to end measurement of 24 feet with twelve-foot aisle width for one-directional flow and twenty-four-foot aisle width for two-directional flow.

Thirty-degree parking: thirteen-foot aisle width for one-directional flow and twenty-six-foot aisle width for two-directional flow.

Forty-five-degree parking: sixteen-foot aisle width for one-directional flow and twenty-six-foot aisle width for two-directional flow.

Sixty-degree parking: twenty-one-foot aisle width for one-directional flow and twenty-six-foot aisle width for two-directional flow.

Perpendicular parking: twenty-six-foot aisle width for either one-directional or two-directional flow.

To the extent practicable for all uses and all locations, and without exception for any driveway accessing a use other than a one- or two-family residences on a residential subdivision street both presently serving and designed to serve 12 or fewer residences, all off-street parking areas shall be designed to eliminate the need to back out onto a public street, road or highway.

All parking areas shall be suitably drained, graded, surfaced and maintained. Except for one- or two-family dwellings, parking lot surfacing requirements shall be established by the Planning Board under site plan review, as provided for in Article VII of this chapter. The Planning Board shall give particular consideration to the number of vehicles accommodated and the proposed intensity and season(s) of use. All paved parking areas shall be suitable marked to indicate individual parking spaces, maneuvering areas, entrances and exists.

All parking areas serving mixed use, multifamily or nonresidential uses and developments shall be designed and maintained in accordance with the landscape standards for parking lots, screening and buffer areas set forth within § 210-37 of this article.

All parking areas serving nonresidential and multifamily uses and developments shall be sited to the side or rear of the principal structure. If front parking is the only feasible location for parking due to lot configuration, such parking shall be landscaped or fully screened pursuant to this subsection and § 210-37 of this article.

Any parking lot for any use in any district shall be set back 100 feet from any wetland and water body.

In cases where two or more commercial developments are adjacent, the Planning Board may require cross-access easements between adjacent parking lots to provide for interconnected parking lots, to facilitate traffic flow, and to control access to and adverse impacts on the main road. Shared parking facilities are encouraged.

Landscaping shall be integrated into parking areas to visually break up large expanses of paving and to provide shade. All off-street parking areas greater than 20 stalls shall have a minimum landscape area equal to 15% of the paved parking area. Landscaping shall be placed at parking entryways, and at parking end islands, and shall help define vehicular access and pedestrian movement. One deciduous tree per 10 parking spaces is required. For parking lots greater than 30 cars, planting islands nine feet wide by 18 feet deep, constructed with sub-surface drainage and compaction resistant soil will be required to be placed in the interior of the parking area. No parking space shall be more than 75 feet from a large deciduous tree.

Lighting in parking lots shall be arranged so that the source of light is concealed from public view and from adjacent residential properties and does not interfere with traffic by way of glare. All lights shall be shaded, dark sky compliant, and so directed so as not to cause glare on adjoining residential properties and shall be so directed so as not to cause a traffic hazard due to glare or color.

Required off-street loading berths. Off-street loading which is designed logically, conveniently located for bulk pickups and deliveries, scaled to delivery vehicles anticipated, and accessible to said vehicles when required when off-street parking spaces are filled, shall be considered for all commercial, light industrial and similar uses and provided as deemed necessary by the Planning Board during site plan review in accordance with Article VII of this chapter. Any such loading berth shall be not less than 11 feet wide and 45 feet in length, with a minimum of 14 feet of vertical clearance.

§ 210-25.1 Residential driveways.

[Added 3-11-2010 by L.L. No. 12-2010]

All driveways shall be designed, constructed and maintained to afford suitable access throughout all seasons under both routine and emergency conditions to any residential dwelling or other habitable structure in accordance with § 280 of the Town Law. All driveways shall further be subject to the driveway construction permit requirements and the driveway design, construction and maintenance standards and requirements set forth at Chapter 111, Driveways, of the Town Code.

§ 210-26 Sign standards.

No sign shall be erected, replaced, altered, relocated or maintained in any zoning district within the Town of Union Vale except in accordance with the provisions stated herein.

Sign permit required. Except as otherwise stated herein, no sign or other device for advertising or notification purposes of any kind shall be erected, established, added to or altered until a Sign Permit has been issued by the Code Enforcement Officer. All applications shall include such information as may be required by the Code Enforcement Officer to determine compliance with these sign regulations and shall be accompanied by payment of the required sign permit fee in accordance with a schedule established and reviewed annually by the Town Board.

General standards. Any sign or signs, whether permitted, temporary or directional, shall conform to the following general standards:

Shall present a visual message in a clear and precise manner.

Shall to the extent practicable be wood in material and, where freestanding, enhanced through the incorporation of stone and plantings in the design and setting of the sign.

Shall at all times be maintained in a proper state of repair in full compliance with building code, electrical code, and other applicable property maintenance standards.

Shall not attempt or appear to regulate, warn or direct highway traffic or to either imitate or resemble official traffic signs, signals or devices.

Shall not project over property lines or be located within the public right-of-way.

Shall not be roof-mounted or otherwise mounted on a building so as to extend in whole or in part above the wall of the building to which it is attached.

Shall not rotate or otherwise move.

Shall not be illuminated by or contain flashing, intermittent, rotating or moving light or lights.

Shall not be internally illuminated, nor contain luminous material, sequin-studded lettering or lettering with fluorescent paint.

If freestanding, shall not exceed six feet in height in any residential district or 10 feet in height in any commercial district nor be located closer than 20 feet to any property line.

If suspended or projecting, shall not exceed 11 feet in height and shall provide a minimum clearance of eight feet above any sidewalk or other pedestrian way.

With the exception of temporary signs and directional signs discussed below in § 210-26C and E, respectively, shall convey only subject matter related exclusively to the premises on which the sign is located, or to products, accommodations or activities on those premises. Accordingly, no sign shall be permitted as a principal use.

With the exception of temporary signs discussed below in § 210-26C shall be permanently and directly affixed to the ground, a building, a wall or a sign structure, and may not be a portable sign.

Permitted temporary signs. The following temporary signs are permitted in any zoning district without application for and issuance of a permit.

Construction signs, limited to one unlighted sign not exceeding 12 square feet in surface area and identifying the parties involved in the design, financing and/or provision of labor and materials associated with the construction on the premises on which the sign is located, but not including the advertisement of any product. Such signs shall be removed prior to the issuance of a certificate of occupancy and the initiation of intended use of the premises.

Event signs, not exceeding 16 square feet in surface area, displayed on private property and limited to one such event sign per premises, announcing a campaign, drive or event of a not-for-profit civic, philanthropic, educational or religious organization, to be erected not more than 10 calendar days prior to the event and removed within a period of 24 hours after close of the event.

Real estate "for sale" signs and signs of a similar nature on the premises for sale or lease and not exceeding six square feet in surface area in a residential district or 12 square feet in surface area in a nonresidential district. All such signs, not to exceed two per premises, shall be removed immediately upon completion of the sale or lease of the premises.

Nonilluminated window advertising signs which occupy no more than 10% of the total window area of the principal facade or facades of the business, service or commercial establishment.

Event signs, not exceeding 12 square feet in surface area, displayed on private property and limited to one such event sign per premises, announcing a special sale, promotion or other activity conducted by a business, service or commercial establishment, are permitted in any zoning district on an individual event or annual basis upon the filing of an application, payment of a nominal sign permit fee and issuance of a sign permit by the Code Enforcement Officer. Such event signs shall be used no more than six times within a period of 12 calendar months on a premises and shall be placed for a total period of not more than two weeks, commencing not more than one week prior to the sale or event and shall be removed within a period of 24 hours after the sale of event.

Permitted permanent accessory and identity signs. Upon filing of an application and payment of the required sign permit fee in accordance with a fee schedule established and annually reviewed by the Town Board and the issuance of a sign permit by the Code Enforcement Officer, the following signs shall be permitted in accordance with the standards specified as to number, size and location. The application for sign permit shall be accompanied by a graphic representation of the sign drawn to scale, and including specific information with respect to the message to be conveyed, the proposed height and dimensions of the sign including calculation of sign surface area, and indication of materials, color and the method of construction, location and type and extent of illumination, if any.

For permitted home occupations, a single identity sign not exceeding four square feet in total surface area and identifying the occupation conducted on the premises. Unless attached to the principal structure, no such sign shall be located either closer than 15 feet to the front property line or closer than 20 feet to any other property line.

For nonresidential uses within the RD10, RA5, RA3, R1.5 and R1 Districts, a single identity sign not exceeding 12 square feet in surface area per side, except as otherwise stated by this chapter, and identifying only the name of the establishment and its principal service or purpose.

A residential identity sign at each principal access point stating the name of a residential subdivision, not exceeding 12 square feet in surface area or six feet in height, and located no closer than 15 feet to the public right-of-way.

For nonresidential uses in the Hamlet (H) District, one identity sign not to exceed eight square feet in surface area and one permanent wall sign, advertising a product and/or service provided on the premises, not to exceed three square feet in surface area.

Nonresidential uses in the Neighborhood Commercial (NC), Town Center (TC) and Airport (A) Districts.

For a single-business premises, a freestanding identity sign not to exceed 16 square feet in surface area, and/or one identity sign mounted to the face of the principal building not to exceed one square foot per three linear feet of the building's front elevation, and/or two permanent accessory wall signs, advertising products and/or services provided on the premises, each not to exceed four square feet in surface area. The maximum total signage per single-business premises shall be determined by the formula above and shall not exceed 48 square feet.

Multiuse premises.

For a multiuse premises, i.e., when two or more wholly independent businesses or activities are located on a single premises, the parcel is permitted one combination freestanding identity complex sign viewable from the public highway for the overall establishment. If the number of independent businesses or activities if four or fewer, this sign shall not exceed 16 square feet; if the parcel houses more than four independent businesses or activities, the sign shall not exceed 24 square feet.

Within a multiuse premises, one of the following types and dimension of identity signs may be associated with each business:

A six-square-foot hanging sign.

A sign not exceeding six square feet incorporated on an awning.

A sign not exceeding six square feet mounted on the wall or permanently mounted/painted on a window provided such window sign does not exceed 20% of the square foot surface area of the window.

At the discretion and approval of the Planning Board during site plan review, on-site circulation and directional signs, traffic control, handicapped parking and similar signs may be permitted. No such sign shall exceed three square feet in area.

Directional signs. Businesses and other public destinations relating to, but isolated from, primary routes of travel (NYS Routes 55 and 82 and County Roads 9, 21 and 24) shall be permitted a maximum of two directional signs as a special permit use subject to the provisions of Article VI of this chapter, the issuance of a sign permit and the following additional requirements:

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.

No directional sign shall be more than three square feet in area. In locations where more than one directional sign is authorized, the aggregate area of all such signs shall not exceed 12 square feet.

No directional sign shall be affixed to a utility pole, traffic sign, bridge abutment of other structure either within the public right-of-way or as otherwise located and maintained by a franchise utility or governmental entity.

No directional sign may be installed within the public right-of-way, except upon the issuance of a specific license or permit therefor from the pertinent agency of jurisdiction, i.e., the Town Highway Superintendent and Town Board, the Dutchess County Department of Public Works or the New York State Department of Transportation.

No directional sign may be installed on private property except by or with the specific written consent of the owner thereof.

§ 210-27 Fences and walls within required yards.

[Amended 3-11-2010 by L.L. No. 12-2010; 1-18-2023 by L.L. No. 1-2023]

No fence shall be erected or replaced and subsequently maintained within a required yard in any zoning district within the Town of Union Vale except in accordance with the provisions stated herein:

Fence permit required. Except in the case of fencing for agricultural purposes, no fence or wall shall be erected or replaced within any required yard until the Code Enforcement Officer has issued a fence permit. All applications for a fence permit shall include information as required by the Code Enforcement Officer to determine compliance with the regulations stated herein and be accompanied by payment of a permit fee in accordance with a schedule established and reviewed annually by the Town Board.

Fences and walls for nonagricultural purposes shall not exceed six feet in height when erected in a required side or rear yard nor exceed four feet in height when erected within the required front yard except as otherwise specifically required by this chapter. Wire, wire mesh, or rail fencing for agricultural purposes shall be authorized to a maximum height of eight feet within any required yard. Wire mesh fencing for landscape protection shall also be authorized to a maximum height of eight feet within any required yard.

In any zoning district, all such fences and walls within required yards shall additionally conform to the requirements of Article IV, § 210-15, of this chapter as pertain to corner lots where special sight distance considerations are necessary to protect traffic safety.

In any zoning district, all such fences and walls within required yards shall have the finished side of the fence or wall directed toward the abutting lot, parcel or premises. The property owner on whose land the fence or wall is located shall be responsible for the maintenance of both sides of the same, provided that if the abutting owner does not provide access for such maintenance, the owner of the fence shall be relieved of the obligation for maintaining the finished side of the fence or wall.

To the extent practicable, and in accordance with the Town of Union Vale Master Plan, the use of stockade-type fencing within required yard areas shall be discouraged as inimical to the rural character of the community.

All fences, gates and walls shall be set back a minimum of 15 feet from the edge of pavement of any public or private roadway, or as otherwise may be more strictly regulated within this chapter, to allow sufficient room for wintertime snow removal.

§ 210-28 Excavation as part of site preparation.

Nothing contained herein shall prohibit the conduct at any time of engineering investigations, including test holes, soil borings and other measures or the excavation of sand, gravel, shale, topsoil or similar material from a lot preparatory to construction of a building for which a building permit has been issued, or moving such material from one part of a premises to another part of the same premises, when such excavation or removal is clearly incidental to the approved building construction and/or site development and necessary for improving the property for a use permitted in the zoning district in which the property is located. The above notwithstanding, provision shall be made to restore an effective cover crop to any area of land from which topsoil has been removed or covered within the first growing season following the start of such operation.

No such material may, however, be sold for export from the site except in compliance with the District Schedule of Use Regulations set forth at Article III, § 210-10, of this chapter and the New York State Mined Land Reclamation Law, Article 23, Title 27, of the Environmental Conservation Law and related 6 NYCRR Parts 430 through 436.

§ 210-29 Development near streams, wetlands and water bodies.

Special permit review.

In order to preserve the open character and nurture the retention and enhancement of naturally vegetated buffers along major streams for environmental and ecological reasons, all development as such is defined in Article XII, § 210-86A, of this chapter, including but not limited to all building construction and all land alteration for other than agricultural or conservation purposes, proposed within 100 feet of the normal stream bank of any NYSDEC-classified stream within the Town of Union Vale or within 100 feet of the boundary of a freshwater wetland as mapped by the New York State Department of Environmental Conservation or as may be established by the Town of Union Vale in accordance with Article 24 of the Environmental Conservation Law and Title 6 Part 664 NYCRR shall be subject to special permit review as provided within Article VI of this chapter and as may be further regulated by inclusion within the Environmental Resource Overlay (ER-O) District established pursuant to Article II, § 210-5, and subject to the standards for said ER-O District set forth at Article V, § 210-48, of this chapter.

Special permit review shall also apply to any development for other than agricultural or conservation purposes within 100 feet of the high water mark of any pond, reservoir or other body of water in excess of 1/4 acre in water surface area, provided that the pond or other water body has not been created as a site element which was earlier subject to site plan or subdivision plat review and approval by the Planning Board.

The Planning Board's review of such proposed development shall include but not be limited to consideration of impact on the following factors: water recharge areas, water table levels, water pollution, aquatic and plant life, storm water runoff, flooding, erosion control and essential vegetative growth.

§ 210-30 Development within the Flood-Fringe Overlay (FF-O) District.

All development within the Flood-Fringe Overlay District, as mapped by the Federal Emergency Management Agency (FEMA), shall be subject to special permit review in accordance with the procedures set forth in Article VI of this chapter and the additional standards and requirements set forth in § 210-58 therein, including compliance with the requirements set forth in the Town of Union Vale Town Code in Chapter 135, Flood Damage Prevention.

§ 210-31 Home occupations.

[Amended 1-18-2023 by L.L. No. 1-2023]

In any zoning district, home occupations, as defined in Article XII, § 210-86A, of this chapter, shall additionally conform to the following use limitations:

Restrictions; classifications.

A home occupation may only be conducted within a dwelling unit that is a bona fide residence of the principal practitioner of the occupation or in an accessory building thereto which is normally associated with the residential use.

For purposes of this chapter and as provided for in the District Schedule of Use Regulations at Article III, § 210-10, herein, a home occupation occurring fully within the dwelling shall be considered a "Class 1 home occupation" and classified as a permitted accessory use; any home occupation occurring wholly or partially in an accessory building or involving either the temporary or longer-term outdoor storage of materials or equipment used in connection with the home occupation shall be considered a "Class 2 home occupation" which may only be authorized by special use permit in accordance with the standards and procedures set forth within Article VI of this chapter.

Not more than two such home occupations, whether classified as Class 1 or Class 2, may occur on a single residential premises, with § 210-31C, E, I and L below applying to either the single home occupation or the aggregate of the two home occupations occurring on the premises.

The home occupation activity, whether located within the dwelling or in a customary accessory structure, shall occupy no more than 500 square feet of gross floor area or 25% of the gross floor area of the dwelling on the premises, whichever shall be the more restrictive.

Except for articles produced on the premises and other articles customarily associated with and incidental to the product made or the service provided on the premises, no stock in trade shall be displayed, sold or rented on the premises, as would be the case of a retail store, specialty shop or rental establishment.

A single nonanimated, nonilluminated sign, not exceeding four square feet in area, shall be permitted to identify the home occupation, said sign located not less than eight feet from any property line nor more than 10 feet from the residential access driveway.

Any alteration or new construction undertaken to accommodate the home occupation activity shall neither modify the residential character of the principal residential dwelling or the accessory building customarily incidental thereto nor be otherwise inconsistent with the character of a residential premises.

Except for the aforementioned identity sign, there shall be no evidence within the front yard or on any other portion of the premises clearly visible from either a public street or highway or an adjoining residential premises of the home occupation activity.

To the extent the outdoor display of goods or the outdoor storage of equipment or materials used in the home occupation is essential, such display and/or storage may in the case of a Class 2 home occupation, and upon demonstration of compliance with the above requirement, be authorized within a side or rear yard be specifically authorized by the Planning Board within the special use permit procedure.

Not more than one person other than members of the household occupying the principal residential dwelling on the premises shall be employed on the residential premises at any given time in the conduct of the home occupation.

There shall be permitted no sharing, letting or subletting of space for use by others in the conduct of their profession, trade or business.

In no case shall a home occupation be open to the public earlier than 8:00 a.m. or later than 9:00 p.m.

Sufficient off-street parking for any employees, customers and clients, but not to exceed a total demand for three parking spaces, shall be provided as required within § 210-25 of this article and chapter. Such spaces may be provided either within a driveway or side yard but not be located within either the front yard or any required side or rear setback area.

Not more than one commercial vehicle, i.e., a vehicle in excess of 20 feet in length, associated with the home occupation may be parked overnight on the premises. Such vehicle may not be parked in the front yard or in any required side or rear setback area.

Electrical or mechanical equipment that creates visible or audible interference in radio or television receivers, causes fluctuations in line voltage outside the dwelling unit or accessory building, or creates noise of intensity, frequency and/or duration not normally associated with residential uses is prohibited.

Any toxic substances employed in the conduct of the home occupation such as may occur in the case of artists, photographers, medical professionals, furniture refinishers, beauty shops and others must be properly stored, properly collected and/or properly disposed of specifically designated toxic waste sites.

The home occupation shall additionally comply with all further regulations and restrictions as may be stated within the New York State Uniform Fire Prevention and Building Code and/or other laws, rules and regulations promulgated by the New York State Department of Social Services, the Dutchess County Health Department, the New York State Education Department, and other agencies.

Authorization of the home occupation as an accessory use must be specifically stated within the certificate of occupancy for the premises with it not to be construed that the presence of a certificate of occupancy for the principal residential use of the premises is in itself authorization for the home occupation occurring thereon.

The above notwithstanding, because of parking requirements and other issues of land use compatibility, each of the following uses is specifically prohibited from consideration as either a permitted Class 1 home occupation or a Class 2 home occupation eligible for special use permit consideration under this chapter:

Ambulance, limousine or other transportation service.

Automobile-related businesses, including repair, painting, parts, sales, detailing or washing services.

Beauty shops and barber shops with more than one chair.

Churches and other places of public assembly.

Restaurants and taverns.

Catering services.

Any facility, regardless of how named, providing day-care services for more than six children who are not residents of the dwelling.

Convalescent homes.

Group band instrument instruction.

Commercial servicing of construction equipment, including but not limited to backhoes, bulldozers and trucks.

Septage pumping and other scavenger services.

§ 210-32 Conservation subdivision.

[Amended 3-11-2010 by L.L. No. 12-2010; 1-18-2023 by L.L. No. 1-2023]

The Planning Board is empowered to modify this Zoning Chapter's lot area and bulk requirements in accordance with the provisions of § 278 of the Town Law to enable and encourage flexibility of design and development of land to promote the most appropriate use of land, to facilitate the economic use of roads and utilities and to preserve the natural and scenic qualities of open lands.

The section details the procedure and standards to be utilized by the Planning Board in reviewing and approving all major subdivisions in the Town of Union Vale. Use of this procedure under § 278 of the Town Law does not allow any increase in density, in terms of the number of lots or dwelling units, over that which could be achieved in a conventional subdivision plat conforming to all other standards in the Zoning Law and Subdivision of Land Regulations of the Town of Union Vale unless part of a density bonus as allowed pursuant to the Zoning Law, § 210-13 of this chapter.

Further purposes of this section are to promote the orderly, economic, aesthetic, environmentally sound and efficient development of the Town consistent with its rural, small-town character and the continuing needs for conservation of natural and cultural resources and quality residential building sites and enjoyable open space. This section has been carefully designed in recognition of the need to protect Union Vale's environmental resources as part of the land development process to:

Conserve open land, including those areas containing unique and sensitive natural features such as but not limited to critical and rare habitats, forest core areas, steep slopes, streams and riparian areas, floodplains, wetlands and other resources identified in the Town of Union Vale's Comprehensive Plan, and Natural Resources Inventory by protecting them from development.

Provide greater design flexibility and efficiency in the siting of structures, services and infrastructure, including the opportunity to reduce length of roads and the amount of paving required.

Provide for a diversity of lot sizes and housing choices to accommodate a variety of age and income groups to improve housing opportunities for all.

Create residential opportunities with direct visual or physical access to preserved lands that is consistent with the rural character of Union Vale.

Applicability of conservation subdivision.

A minor subdivision application may request use of conservation subdivision design simultaneously with, or subsequent to, presentation of an approvable, conventional subdivision plat with site information required by the Planning Board depending on the terrain and the magnitude of development.

All major subdivisions shall be designed pursuant to this section and the Town of Union Vale Subdivision of Land Regulations. Such design may result in a clustered pattern of buildings (a residential cluster development) or in a more widespread pattern where house sites are strategically located to meet the purposes of this Zoning Chapter. The Planning Board may also mandate that any other subdivision be designed in a conservation or residential cluster configuration per this section for reasons of improved drainage, efficient road layout and traffic safety, and protection of aquifers, waterways and aesthetic, historic, rural and environmentally sensitive lands.

Developments that are not subdivisions but include multiple nonresidential or multiple residential buildings on one parcel shall also be required by the Planning Board to be designed using the design and siting criteria of § 210-32 in order to create open space, protect the environment, maintain community and rural character, and meet other site-specific goals.

Any housing type allowed as per Attachment 2 of this chapter[1] shall be allowed to be incorporated into a conservation subdivision either singly, or as a mix of housing types provided all siting and design requirements of § 210-32 are met.

Editor's Note: The District Schedule of Use Regulations/Commercial Districts is included as an attachment to this chapter.

Conservation subdivision sketch plan.

In addition to procedures for a sketch plan of the Town of Union Vale Subdivision of Land Regulations, the following additional information shall be submitted by the applicant as a basis for informal discussions with the Planning Board regarding the design of a proposed conservation subdivision. The Planning Board shall evaluate the proposed subdivision during the sketch meeting and shall determine whether the sketch plan meets the purposes of this section. Complete and complex engineered plans and architectural drawings are premature and not required at this phase. The sketch plan for a conservation subdivision shall contain:

The subdivision name or title, if any; the scale, which shall be no less than one inch equals 100 feet; North direction, which shall be oriented toward the top of the plan; the plan date; and the label "Concept Plan."

The subdivision boundaries and the owners of all contiguous properties.

The zoning classification, including designation of any overlay district, critical environmental area as may exist, and Tax Map number(s) of the property to be subdivided.

The total acreage of the subdivision and the proposed number and locations of lots.

All existing streets, either mapped or built, adjacent to the tract.

All existing restrictions on the use of land, including easements and covenants, if any.

All existing structures, general location of agricultural fields and wooded areas, wetlands and watercourses and their required buffers, and other significant physical and natural features of the parcel and within 200 feet of the parcel boundaries. The Town of Union Vale Comprehensive Plan, Natural Resource Inventory, and Dutchess County Plans or County GIS data may be used to identify these features.

If applicable, the location and required setbacks, if any, as may be required by the Zoning Law, the Town of Union Vale Flood Damage Prevention Law, or Town, County, State or Federal laws from watercourses, wetlands, and floodplains.

Conservation subdivision site analysis.

The following site analysis shall be submitted by the applicant pursuant to this chapter in addition to other pertinent requirements of the Town of Union Vale Subdivision of Land Regulations. A site analysis shall include an identification of primary and secondary conservation lands within a parcel(s) as defined in § 210-86. The site analysis shall include a Site Analysis Map that includes the information listed below. Conditions beyond the parcel boundaries may be generally described on the basis of existing published data available from local, County, State or Federal governmental agencies, or from aerial photographs.

The applicant may obtain advice and assistance from an accredited land trust, environmental organization, or professional ecologist when preparing the site analysis. The site analysis is not intended to be a highly engineered or exact document, but a general sketch and description illustrating the location and type of environmental features that are present on the site including:

Areas where the slope exceeds 25%.

Wetlands and watercourses and their buffers, areas of hydrological sensitivity including but not limited to aquifer and aquifer recharge areas, municipal water supply recharge areas, flood-prone areas as shown on Federal Emergency Management Agency maps, lakes, and streams, if any. The Site Analysis Map shall identify whether any Town of Union Vale regulated wetland, critical environmental area, or overlay district extends into the parcel.

Agricultural lands including farmland within, and adjacent to, a New York State certified Agricultural District, and soils classified as being prime farmland or soils of statewide significance, if any.

Sites where community sewer, community water, or community water and sewer are available or planned, if any.

Lands within, or contiguous to, a Critical Environmental Area designated pursuant to Article 8 of the New York State Environmental Conservation Law, if any.

Lands contiguous to publicly owned or designated open space areas, or privately preserved open spaces, if any.

Historic structures or areas of national, state or local importance, if any, and specifically identifying those structures which are listed on either the federal or New York State Register of Historic Places.

Sites in, or bordering on, known scenic locations identified in the Town's Comprehensive Plan, or Natural Resources Inventory and whether the site is within any Town-designated overlay district.

Areas with rare vegetation, significant habitats, or habitats of endangered, threatened or special concern species, or unique natural or geological formations, if any. The Planning Board may require site specific assessments that when required, shall include a description of the biodiversity assessment methods used, site-specific habitat descriptions, discussion of biodiversity implications, and alternatives if needed, to minimize disturbance to sensitive habitats and species inventoried.

General description and locations of the vegetative cover on the property according to general cover type including cultivated land, grass land, old field, hedgerow, woodland and wetland, and showing the actual line of existing trees and woodlands.

Lakes, ponds or other significant recreational areas, or sites designated as such in the Town's Comprehensive Plan and Natural Resource Inventory, if any.

(l)

Existing trails, inactive railroad beds, bikeways, and pedestrian routes of Town, State or County significance or those indicated in any Town, County or State plan for future trail development, if any.

(m)

Location of all existing streets, roads, buildings, utilities and other man-made improvements.

(n)

All easements and other encumbrances of property which are or have been filed of record with the Dutchess County Clerk's Office.

(o)

Identification of any other established overlay district covering the parcel.

Conservation subdivision design standards.

Lot layout and design.

The minimum lot size in a conservation subdivision where individual wells and septic systems are required shall be equal to that required by the Town of Union Vale and Dutchess County Department of Health to meet standards for water and septic system approvals.

All housing types as permitted in the Attachment 2 for the district shall be permissible residential uses within a conservation subdivision. However, no individual multifamily structure, where allowed, shall contain more than 12 dwelling units.

There shall be a 100' side and rear setback between any new dwelling unit within a conservation subdivision and the original parcel's property line when adjacent to any residential district.

All preliminary plans for a conservation subdivision shall implement and include documentation of the following four-step design process in determining the layout of proposed conserved lands, house sites, roads, and lot lines as follows:

Step 1. Delineate Open Space Areas. Proposed open space areas shall be designated as follows:

Primary Conservation Areas shall be delineated and designated on a map.

Secondary Conservation Areas shall be delineated and designated on a map. In delineating Secondary Conservation Areas, the applicant shall prioritize natural and cultural resources on the parcel in terms of their highest to least suitability for inclusion in the proposed open space in consultation with the Planning Board. Secondary Conservation Areas shall be delineated on the basis of those priorities and practical considerations given to the parcel's configuration, its context in relation to resource areas on adjoining and neighboring properties, and the applicant's subdivision objectives. These features shall be clearly noted, as well as the types of resources included within them, on the map. Calculations shall be provided indicating the applicant's compliance with the acreage requirements for open space areas on the parcel.

Building envelopes shall not encroach upon Primary Conservation or Secondary Conservation areas. The primary and secondary conservation areas, together, constitute the total open space areas to be preserved, and the remaining land is the potential development area.

Step 2. Specify location of house sites. Building envelopes shall be tentatively located within the potential development areas. House sites should generally be located not closer than 100 feet from Primary Conservation Areas and 50 feet from Secondary Conservation Areas, taking into consideration the potential negative impacts of residential development on such areas.

Step 3. Align streets and trails. After designating the building envelopes, a street plan shall be designed to provide vehicular access to each house, complying with the standards identified in this Zoning Chapter and bearing a logical relationship to topographic conditions. Impacts of the street plan on proposed open space lands shall be minimized, particularly with respect to crossing environmentally sensitive areas such as wetlands, traversing steep slopes, and fragmenting agricultural lands. Existing and future street connections are encouraged to be designed to avoid new cul-de-sacs being developed and maintained, and to facilitate access to and from homes in different parts of the tract and adjoining parcels. Cul-de-sacs are appropriate only when they support greater open space conservation or provide extensive pedestrian linkages. All applicable requirements of the Town of Union Vale Highway Law, as may exist, shall be met.

Step 4. Draw lot lines. Upon completion of the preceding steps, lot lines are then drawn as required to delineate the boundaries of individual residential lots.

Alternate design process. A conservation subdivision may also be designed as a clustered, traditional neighborhood design as defined in this chapter as a residential cluster development. A residential clustered conservation subdivision results in all or most of the new residences clustered in a traditional neighborhood design. Just as with non-clustered developments, the first step is to identify open space lands, including both Primary and Secondary Conservation Areas. However, in clustered developments, where traditional streetscape is of greater importance, steps 2 and 3 above are reversed, so that streets and squares are located before house sites specified. Clustered developments can be designed to emulate other hamlets in Union Vale with reduced lot sizes, narrower front setbacks, narrower streets, sidewalks and other pedestrian amenities, buildings oriented to the street, walkable street patterns, village-style roadway design and have a clear demarcation between built and unbuilt lands at the edge of the neighborhood.

Site design criteria.

Except for the alternate design for a clustered, traditional neighborhood, residential structures in a major subdivision should be located according to the following guidelines, which are listed in order of significance. If any of the guidelines below conflict with each other on a particular site, the Planning Board may use its discretion to resolve such conflicts. The lots, house sites, roads and other infrastructure in a proposed conservation subdivision shall avoid or minimize adverse impacts. Sites should be designed:

On the least fertile agricultural soils and in a manner which maximizes the usable area remaining for potential agricultural use and away from the boundaries of any agricultural operation to reduce conflicting uses.

So that the boundaries between new house lots and adjacent lots are well buffered by vegetation, topography, roads or other barriers.

To cause the least practicable disturbance to natural infiltration and percolation of precipitation to the groundwater table by avoiding placement of impervious surfaces where water is most likely to infiltrate and recharge the groundwater.

To avoid disturbance to streams and drainage swales, floodplains, vernal pools, wetlands, and their buffers. Existing native vegetation shall be maintained to create a buffer within 100' of wetlands and surface waters, including creeks, streams, vernal pools, springs and ponds.

All grading and earthmoving on slopes greater than 15% shall be minimized. Such grading shall not result in cut and fills whose highest vertical dimension exceeds eight feet. Roads and driveways shall follow the line of existing topography to minimize the required cut and fill.

Views of house lots from exterior roads and abutting properties shall be minimized by the use of changes in topography, existing vegetation, or additional landscaping. However, the layout shall leave scenic views and vistas unblocked and uninterrupted, particularly as seen from public thoroughfares. Where these scenic views or vistas exist, the Planning Board may require that a deep non-vegetated setback shall be established between the road and the structures along the portion of road where those views or vistas are prominent or locally significant.

To be as visually inconspicuous as practicable when seen from state, county and local roads, the conservation subdivision shall preserve woodlands along roadways, property lines, and lines occurring within a site such as along streams, swales, stone fences, and hedgerows to create buffers with adjacent properties. Preservation shall include ground, shrub, understory and canopy vegetation.

To minimize the perimeter of the built area by encouraging compact development and discouraging strip development along roads, house lots shall be accessed from interior streets, rather than from existing roads bordering the parcel. New intersections with existing public roads shall be minimized. Two access ways into and out of a major subdivision shall be required for safety. However, more than two entrances onto public roads may be allowed by the Planning Board provided they are approved by the New York State DOT, or Dutchess County and such entrances would not adversely impact traffic flow the environment.

On suitable soils for subsurface sewage disposal (where applicable).

At the edge of open fields adjacent to any woodland, to enable new residential development to be visually absorbed by the natural landscape and to limit fragmentation of habitats.

Around and so as to preserve sites of historic, archeological or cultural value insofar as needed to safeguard the character of the feature.

To protect important habitat links and connections, biodiversity and wildlife habitat areas of species listed as endangered, threatened, or of special concern by the United States Department of the Interior, the New York State Department of Environmental Conservation, or identified by the Town of Union Vale in their Natural Resource Inventory.

Open space standards:

A minimum of 50% of the parcel shall be preserved as open space land.

The required open space land consists of a combination of Primary Conservation Areas and Secondary Conservation Areas. The proposed conservation subdivision design shall strictly minimize disturbance of these environmentally sensitive areas. The lot layout shall show how those sensitive areas will be protected by the proposed subdivision plan.

Open space lands shall be laid out in general accordance with the Town's Comprehensive Plan to better enable an interconnected network of open space and wildlife corridors. Open space lands shall also be laid out in such a manner that preserves ecological systems that may be present on the site, including, but not limited to, preserving wetlands, vernal pools, and their associated upland habitats.

Active agricultural land may be used to meet the minimum required open space land.

Open space land shall, to the maximum extent practicable, be contiguous to other open space lands to avoid fragmentation of core forested areas or other habitats and further, building envelopes, infrastructure and roads should not fragment core areas of the preserved open space.

Open space lands may be designated as a separate, conservation lot owned by one entity, a separate conservation lot owned in common, or it may be designated over several lots provided that such house lots are greater than five acres each.

Walkways, trails, play areas, drainage ways leading directly to streams, historic sites or unique natural features requiring common ownership protection may be included in the preserved open space lands.

A portion of the required open space may be used for community septic systems provided no sensitive environmental features are disturbed.

Stormwater management ponds or basins and lands within the rights-of-way for underground utilities may not be included as part of the minimum required open space.

Active recreation lands such as ball fields, golf courses, and parks shall not be considered part of the required open space unless such land is open to the public. Such recreational lands with access only to residents shall not be counted towards the open space requirements but shall be counted towards any recreation land requirement that may be required by the Town of Union Vale.

Open space shall be directly accessible or viewable from as many home sites as possible.

Streets, driveways, sidewalks and trails.

Common driveway access may be provided for.

A pedestrian circulation and/or trail system shall be sufficient for the needs of residents and shall provide connections within the development as well as with adjacent developments or existing trails, pathways or sidewalks, unless waived by the Planning Board. Sidewalks shall be required for all residential development for interior walkability and to connect to other parcels in the TC. Sidewalks shall be required along all Route 55 and CR 21 frontages. All sidewalks shall meet ADA standards. Bike paths and other pedestrian trails shall be provided for within the subdivision and linked to existing trail or path systems as they may exist.

New streets shall meet the Town Highway Specifications, as may exist. Where appropriate, the Planning Board shall work with the Highway Department to ensure that new roads do not impact or detract from the rural character and environment of a conservation subdivision.

Whenever appropriate, street systems should produce terminal vistas of open space in accordance with the conservation emphasis of the subdivision design and to positively contribute to the Town's open space goals.

Use of reverse curves should be considered for local access streets in a conservation subdivision in conjunction with long horizontal curve radii (at least 250 feet) and where traffic speeds will not exceed 30 mph. Further, use of single-loaded streets, with buildings on one side and designated open space on the other, is encouraged alongside conservation areas to provide views of the conservation lands for residents.

Waste treatment systems. Sanitary sewage disposal systems, whether individual or community systems, may be located within, or extend into, required open space areas, provided that subsurface sewage disposal methods are employed, all required separation distances are observed and the ownership and maintenance responsibilities for those systems are clearly defined in agreements submitted for approval as part of the subdivision application. Applications shall be approved that provide lot buyers with both the legal authority and the responsibility, individually or collectively, to maintain all wastewater treatment facilities on a continuing basis. This may include the creation of a special district under Articles 12 and 12-a of New York State Town Law.

Open space protections and maintenance. All required open space shall be depicted and noted on the site plan as protected open space and restricted from further subdivision through one of the following qualified management structures to be proposed by the applicant and approved by the Planning Board. The Planning Board shall approve the form and content of any restrictive covenant, easement or deed restriction prior to final subdivision approval.

Long term maintenance of the preserved open space depends on the configuration of such open space and method used for permanent preservation. When an easement is used, the conservation easement holder shall be responsible for maintenance of that open space. When a deed restriction is used, the landowner, whether it be a single landowner, multiple landowners or a homeowners' association, are responsible for that maintenance.

Regardless of which method of protecting the required or designated open space is selected; the restriction shall be included on the final plat, made a condition of the final plat approval, attached to the deeds of all lots within the subdivision.

One of the following is required to permanently protect the designated open space:

A permanent conservation easement, in a form acceptable to the Town and recorded at the County Clerk's Office. Due to the enforcement responsibilities carried out by easement grantees, this is the preferred method of ensuring permanent protection. A conservation easement will be acceptable if:

The conservation organization proposed to be the easement holder is acceptable to the Town and is a bona fide conservation organization as defined in Article 49 of the New York State Environmental Conservation Law.

The conveyance contains appropriate provisions for proper reverting or retransfer in the event that the conservation organization becomes unwilling or unable to continue carrying out its functions.

A maintenance agreement acceptable to the Town is established between the owner and the conservation organization to insure perpetual maintenance of the open space. The Town's expectation is that landscape features and habitats existing at the time of approval shall be maintained, including but not limited to periodic mowing of open meadows to maintain such habitat, or prevention of clear-cutting to remove forest cover.

The conservation easement or other legally binding instrument shall permanently restrict the open space from future subdivision, shall define the range of permitted activities, detail the maintenance needs and expectations, and, if held by a conservation organization, shall give the Town the ability to enforce these restrictions.

A declaration of covenants or deed restriction, in a form acceptable to the Town, and recorded in the County Clerk's Office. The restriction shall describe the size of the parent parcel being subdivided; the total number of lots and the total number of dwelling units approved; specification of which lot or lots carry with them the right to erect or place any unused allocation of dwelling units the parent parcel may have; and which lands shall be preserved as open spaces and upon which no further allocation of dwelling units shall be made.

Such deed restriction(s) shall be noted on all approved, filed plats.

The Planning Board shall reference the deed and its open space protections in any approval or conditional approval of the subdivision. Approval or conditional approval shall include Town expectations for long term maintenance of the required open space.

Ownership of conserved lands:

Open space land may be held in any form of ownership that protects its conservation values, such as by an individual, a land trust or other qualified environmental organization, or where the open space is owned in common by a homeowners' association (HOA).

Open space may also be dedicated to the Town, County or State governments, transferred to a qualified nonprofit organization including a land trust, or held by single or multiple private owners. The applicant shall provide proof that the receiving body agrees to accept the dedication.

The Town seeks to ensure long-term maintenance of privately-owned lots dedicated to open space. When open space lands are proposed to be privately owned on a lot dedicated for open space use, and such lands are not subject to a conservation easement or are not to be transferred to a qualified non-profit organization or municipality, such lands shall be owned by an HOA (Homeowners' Association). All residents of the HOA shall have access to such open space lands.

Alternatively, such open space may be designated as a house lot allowing only one residence. This house lot shall be considered part of, and not in addition to, the allowed density the parent parcel is eligible for. Any development permitted in connection with the setting aside of open space land shall not compromise the conservation or agricultural value of such open space land. All other house sites shall be sited in a manner that allows views of the open space from each to the maximum extent allowable.

If the open space is to be owned by a homeowners' association (HOA), the HOA must be incorporated before the final subdivision plat is signed. The applicant shall provide the Town with a description of the organization of the proposed association, including its by-laws, and all documents governing ownership, maintenance, and use restrictions for common facilities.

Homeownership Associations (HOA) shall be arranged in a manner that real property tax claims may be satisfied against the open space lands by proceeding against individual owners and the residences they own. The HOA must be responsible for liability insurance, local taxes and the maintenance of the conserved land areas. The HOA shall have the power to adjust assessments to meet changing needs. The Planning Board shall find that the HOA documents satisfy the conditions above.

The homeowners' association (HOA) shall be operating before the sale of any dwelling units in the development. The proposed homeowners' association shall be established by the applicant and shall comply with the requirements of § 352-e of the New York State General Business Law and have an offering plan for the sale of lots in the subdivision approved by the New York State Attorney General's Office, if required. In the event that the NYS Attorney General's Office grants an exemption from the requirement of an offering plan, the applicant shall have in place a maintenance agreement acceptable to the Town that ensures perpetual maintenance of the open space.

Membership in the HOA must be mandatory for each property owner within the subdivision and for any successive property owners in title.

The association shall have adequate resources to administer, maintain, and operate such common facilities.

Maintenance standards.

The owner of the open space shall be responsible for raising all monies required for operations, maintenance, or physical improvements to the open space such as, but not limited to trails and pathways.

BUILDING-INTEGRATED PHOTOVOLTAIC (BIPV)

Failure to adequately maintain any improvements located on the undivided open space and keep them in reasonable operating condition is a violation of the Zoning Law. Upon appropriate authority or process, the Town may enter the premises for necessary maintenance/restoration, and the cost of such maintenance by the Town shall be assessed ratably against the landowner or in the case of an HOA, the owners of properties within the development, and if unpaid, shall become a tax lien on such property.

Future subdivisions. When an applicant includes only a portion of landowner's entire parcel in the subdivision application, a sketch layout according to this section shall be included showing future potential subdivision of all the contiguous lands belonging to the landowner and allocation of remaining density to ensure that future subdivision may be accomplished in accordance with this section and to allow the Planning Board to adequately assess segmentation under the State Environmental Quality Review Act. Subdivision and review of the sketch plan of those locations at this stage shall not constitute approval of the future subdivision shown thereon.

§ 210-33 Water supply and sewage disposal requirements.

No person shall undertake to construct any new building or either convert or adaptively reuse any existing building if intended for human occupancy, whether a principal building or an accessory structure, within the Town of Union Vale without first meeting the requirements for a system or facilities for both a potable water system and the separate disposal of sewage and domestic trade wastes in accordance with the applicable regulations of the Town of Union Vale, the Dutchess County Health Department and the New York State Departments of Health and Environmental Conservation.

Any such potable water system or sanitary sewage facilities intended to serve as either a central water supply or common sanitary sewage system, as defined within Article XII, § 210-86A, of this chapter, shall be the subject of appropriate legal arrangements whereby at nominal cost the system or systems would become either prior to their operation or at any time subsequent thereto whether by choice of the benefited parties or either default or abandonment by the owner the property of a special taxing district or similar entity which would bear the full cost of administering the special district or similar entity and operating and maintaining the system or systems.

§ 210-34 Sanitary disposal areas and facilities.

No dump, landfill, septage disposal site or other sanitary disposal area or facility for the burial of domestic or other wastes, including construction and demolition debris, shall be established within the Town of Union Vale except where owned or leased and operated by the Town of Union Vale, whether such operation is through its own forces or on a contract basis.

§ 210-35 Swimming pools.

Any outdoor swimming pool, whirlpool or hot tub, as defined within Article XII, § 210-86A, of this chapter, shall be subject to the following safety measures and any others that may be more strictly prescribed by the New York State Uniform Fire Prevention and Building Code:

The outdoor swimming pool, whirlpool or hot tub shall be enclosed on all sides by a security fence not less than four feet in height or, in the case of a whirlpool or hot tub only, a securely locked cover shall be provided.

Such security fence, as may be applicable, shall be provided with a self-closing, self-latching gate to prevent accidental entry or unauthorized use of the outdoor swimming pool, whirlpool or hot tub. When the pool is not in use or supervised, the gate shall be securely locked with a key, combination or other child-proof lock.

[Amended 1-8-2004 by L.L. No. 1-2004]

§ 210-36 Solar and wind energy systems.

[Amended 3-11-2010 by L.L. No. 12-2010; 10-6-2016 by L.L. No. 3-2016; 1-18-2023 by L.L. No. 1-2023]

To the extent practicable, and in accordance with § 263 of the New York State Town Law, the accommodation of solar and wind energy systems and equipment to meet the energy requirements of the residents and uses in the Town of Union Vale, and the protection of access to sunlight and wind for such equipment, shall be encouraged as the various review and approval provisions of this chapter are applied.

Purpose. Because it is in the public interest to provide for and encourage renewable energy systems and a sustainable quality of life, the purpose of this section is to facilitate the development and operation of renewable energy systems based on sunlight. Solar energy systems are appropriate in all zoning districts when measures are taken, as provided in this section, to minimize adverse impacts on neighboring properties and protect the public health, safety and welfare.

Definitions. As used in this section, the following terms shall have the meanings indicated:

The incorporation of photovoltaic (PV) material into a building's envelope. Technologies include PV shingles or tiles, PV laminates, and PV glass. Examples of placement include vertical facades, semitransparent skylights, awnings, fixed awnings, and roofs.

GROUND-MOUNTED SYSTEM

An accessory solar energy system exceeding 100 square feet that is anchored to the ground and attached to a pole or similar mounting system, detached from any other structure.

LARGE-SCALE SYSTEM

Solar energy systems located on land to convert solar energy into electricity for off-site energy consumption.

ROOF-MOUNTED SYSTEM

An accessory solar energy system located on a roof of a principal or accessory structure.

SOLAR ENERGY EQUIPMENT

Energy storage devices, material, hardware, or electrical equipment and conduit associated with the production of electrical energy.

SOLAR ENERGY SYSTEM

An electrical generating system composed of a combination of both solar panels and solar energy equipment.

SOLAR PANEL

A device capable of collecting and converting solar energy into electrical energy.

Roof-mounted solar systems.

Roof-mounted systems are permitted as an as-of-right accessory use in all zoning districts when attached to lawfully permitted principal structures and accessory structures, subject to the requirements set forth in this section.

Height. Solar energy systems shall not exceed maximum height restrictions within any zoning district and are provided the same height exemptions granted to building-mounted mechanical devices or equipment.

Setback. Solar energy systems are subject to the setback requirements of the underlying zoning district.

Aesthetics. Solar installations shall incorporate the following design requirements:

Solar energy equipment shall be installed inside walls and attic spaces to reduce its visual impact. If solar energy equipment is visible from a public right-of-way, it shall match the color scheme of the underlying structure.

Panels facing the front yard must be mounted at the same angle as the roof's surface with a maximum distance of 18 inches between the roof and highest edge of the system.

Solar panels affixed to a flat roof shall be placed below the line of sight from a public right-of-way.

Ground-mounted solar systems (residential).

Ground-mounted solar energy systems are permitted as an accessory use in residential zoning districts, subject to the requirements set forth in § 210-56B(10).

Ground-mounted solar systems (commercial).

Ground-mounted solar energy systems are permitted as an accessory use in commercial zoning districts, except the TC District, subject to the requirements set forth in § 210-56G(6).

General requirements for roof-mounted solar systems and ground-mounted solar systems:

Prior to issuance of a building permit, blueprints signed by a professional engineer or registered architect of the solar installation showing the layout of the system shall be required.

The equipment specification sheets shall be documented and submitted for all photovoltaic panels, significant components, mounting systems, and inverters that are to be installed.

All solar energy system installations must be performed in accordance with applicable electrical and building codes, the manufacturer's installation, and industry standards, and prior to operation the electrical connections must be inspected by the Town Code Enforcement Officer or by an appropriate electrical inspection person or agency, as determined by the Town. In addition, any connection to the public utility grid must be inspected by the appropriate public utility.

When solar storage batteries are included as part of the solar energy system, they must be placed in a secure container or enclosure meeting the requirements of the New York State Building Code when in use and when no longer used shall be disposed of in accordance with the laws and regulations of Dutchess County and other applicable laws and regulations.

A sign shall be installed on the utility meter and any alternating current (AC) disconnect switch indicating that there is an operating solar electric cogenerating system on site.

Large-scale solar systems: solar as a principal use. Large-scale solar systems are permitted through the issuance of a special use permit within all zoning districts except TC, NC, A, H, MGH, and GH, subject to the requirements set forth in this section.

Height and setback. Large-scale solar energy systems shall adhere to the height and setback requirements of the underlying zoning district. Additional restrictions may be imposed during the special use permit process.

All large-scale solar energy systems shall be enclosed by fencing to prevent unauthorized access. Warning signs with the owner's contact information shall be placed on the entrance and perimeter of the fencing. The height and type of fencing shall be determined by the special use permit process.

Verification of utility notification. Foreseeable infrastructure upgrades shall be documented and submitted. Off-grid systems are exempt from this requirement.

The name, address, and contact information of the applicant, property owner(s), and agent submitting the proposed project shall be required.

If the property of the proposed project is to be leased, legal consent between all parties, specifying the use(s) of the land for the duration of the project, including easements and other agreements, shall be submitted.

Site plan approval is required.

Blueprints signed by a professional engineer or registered architect of the solar installation showing the layout of the system shall be required.

The equipment specification sheets shall be documented and submitted for all photovoltaic panels, significant components, mounting systems, and inverters that are to be installed.

Property operation and maintenance plan. A property operation and maintenance plan is required, describing continuing photovoltaic maintenance and property upkeep, such as mowing, trimming, etc.

Safety. All ground-mounted and rooftop-mounted solar energy system owners or operators shall provide a copy of the site plan review application to the local Fire Chief. All means of shutting down the solar installation shall be clearly marked.

Height restrictions. The maximum height for ground-mounted solar systems shall not exceed 15 feet in height above the ground.

Lighting. Lighting of large-scale ground-mounted solar systems shall be consistent with local, state and federal law. Lighting of other parts of the installation, such as appurtenant structures, shall be limited to that required for safety and operational purposes, and shall be dark sky compliant to shield abutting properties. Where feasible, lighting of the solar energy system shall be directed downward and shall incorporate full cutoff fixtures to reduce light pollution.

Roadways within the site shall not be constructed of impervious materials and shall be designed to minimize the extent of roadways constructed and soil compaction.

(14)

All on-site utility and transmission lines shall, to the extent feasible, be placed underground.

(15)

All large-scale solar system facilities shall be designed and located in order to prevent reflective glare toward any inhabited buildings on adjacent properties as well as adjacent street rights-of-way.

(16)

All mechanical equipment of a large-scale solar system, including any structure for batteries or storage cells, shall be completely enclosed by a minimum six-foot-high fence with a self-locking gate.

(17)

The perimeter of the large-scale solar systems shall be provided with landscape screening to offset visual impacts and to promote aesthetic harmony with surrounding uses. Plantings should have a minimum height of four feet at the time of installation and shall not be set back more than five feet from said perimeter.

(18)

A large-scale solar system connected to the utility grid shall provide a proof of concept letter from the local utility company acknowledging the solar farm will be interconnected to the utility grid in order to sell electricity to the public utility entity.

(19)

Signs for large-scale solar systems. A sign not to exceed eight square feet shall be attached to a fence adjacent to the main access gate and shall list the facility name, owner and phone number. A clearly visible warning sign concerning voltage must be placed at the base of all pad-mounted transformers and substations.

(20)

Abandonment.

All applications for large-scale solar system shall be accompanied by a decommissioning plan to be implemented upon abandonment, or cessation of activity, or in conjunction with removal of the structure. Prior to issuance of a building permit, the owner or operator of the facility or structure shall post a performance bond or other suitable guarantee in a face amount of not less than 150% of the estimated cost, as determined by the Town Engineer, to ensure removal of the solar energy system or facility or structure in accordance with the decommissioning plan described below. The form of the guarantee must be reviewed and approved by the Town Engineer and Town Attorney, and the guarantee must remain in effect until the system is removed. Review of the guarantee by the Town Engineer and Town Attorney shall be paid from an escrow established by the applicant. Prior to removal of a solar energy production facility or structure, a demolition permit for removal activities shall be obtained from the Town of Union Vale.

If the applicant ceases operation of the solar energy system or structure for a period of 18 months, or begins but does not complete construction of the project within 18 months after receiving final site plan approval, the applicant will submit a decommissioning plan that ensures that the site will be restored to a useful, nonhazardous condition without delay, including but not limited to the following:

Removal of above- and below-ground equipment, structures and foundations.

Restoration of the surface grade and soil after removal of equipment.

Revegetation of restored soil areas with native seed mixes, excluding any invasive species.

The plan shall include a time frame for the completion of site restoration work.

In the event that construction of the solar energy system or structure has been started but is not completed and functioning within 18 months of the issuance of the final site plan, the Town may notify the operator and for the owner to complete construction and installation of the facility within 180 days. If the owner and/or operator fails to perform, the Town may notify the owner and/or operator to implement the decommissioning plan. The decommissioning plan must be completed within 180 days of notification by the Town.

Upon cessation of activity of a fully constructed solar energy system or structure for a period of one year, the Town may notify the owner and/or operator of the facility to implement the decommissioning plan. Within 180 days of notice being served, the owner and/or operator can either restore operation equal to 80% of approved capacity or implement the decommissioning plan.

If the owner and/or operator fails to fully implement the decommissioning plan within the one-hundred-eighty-day time period and restore the site as required, the Town may, at its own expense, provide for the restoration of the site in accordance with the decommissioning plan and may, in accordance with the law, recover all expenses incurred for such activities from the defaulted owner and/or operator. The cost incurred by the Town shall be assessed against the property, shall become a lien and tax upon said property, shall be added to and become a part of the taxes to be levied and assessed thereon, and enforced and collected with interest by the same officer and in the same manner as other taxes.

Solar systems in historic districts. Properties located in an historic district are subject to the requirements set forth in this section and, depending on the zoning classification of the underlying property, the special permit requirements set forth in § 210-56B(10) and § 210-56G(6):

Roof-mounted solar panels and BIPV systems are permitted by right on accessory structures that do not contribute to the historic significance of the site.

Solar panels shall not alter an historic site's character-defining features or be placed within view of a public right-of-way.

All modifications to an historic site must be entirely reversible, allowing alterations to be removed or undone to reveal the original appearance of the site.

Exposed solar energy equipment must be consistent with the color scheme of the underlying structure.

Solar panels shall be placed flush to the roof's surface to reduce their visual impact.

BIPV systems shall take into account existing design elements which complement the styles and materials of the building.

Setback, height, and lot coverage.

Setback. Ground-mounted solar panels are subject to setback requirements of the underlying zoning district.

Height. Solar panels are restricted to a height of 12 feet.

Lot coverage. The surface area of ground-mounted solar panels shall be included in lot coverage and impervious surface calculations.

The issuance of a certificate of appropriateness is required by an historic review committee (i.e., Historic Preservation Commission) for ground-mounted systems, BIPV systems, and all historic structures.

Solar panels shall be placed on new construction or additions, if present.

Ground-mounted systems shall be screened from the public right-of-way by fencing or vegetation of suitable scale for the district and setting.

Agricultural exemption: In addition, the exemption pertaining to solar energy systems also exempts agricultural uses from zoning regulations that would otherwise apply. Thus, when the majority of the power from a solar energy system (or a wind turbine) is integral to farm production, construction and operation of the system would be covered by the exemption.

§ 210-37 Landscape standards for parking lots and screening and buffer areas.

[Amended 1-18-2023 by L.L. No. 1-2023]

It is the objective of the Town of Union Vale in adopting these landscape standards for parking lots, screening and buffer areas to preserve the natural character of the community through appropriately designed and maintained setback and yard areas while accommodating multifamily and other nonresidential developments, including parking lots and accessory structures appurtenant thereto.

The Town's specific goals in implementing the below landscape standards for all parking spaces except those appurtenant to either a single- or two-family dwelling and its accessory uses are as follows:

Provide natural visual screening of parking areas and along property boundaries to preserve the existing visual quality of adjacent lands.

Reduce surface storm water runoff and minimize soil erosion through the natural filtering capability of landscaped areas.

Provide natural buffers that provide suitable habitat for wildlife and reduce noise and glare.

Moderate the microclimate of parking areas by providing shade, absorbing reflected heat from paved surfaces and creating natural windbreaks.

Enhance the overall visual quality of new development by providing a variety of indigenous plant materials that are consistent and compatible with the existing natural vegetation of the area.

Design standards.

Parking lots.

All requirements of § 210-25 shall be met for all off-street parking and loading areas.

Off-street parking and loading areas shall be curbed and landscaped with appropriate trees, shrubs and other plant materials and ground cover, as approved by the Planning Board, based on consideration of the adequacy of the proposed landscaping to assure the establishment of a safe and convenient and attractive parking facility needing a minimum amount of maintenance, including plant care, snowplowing and the removal of leaves and other debris.

At least one tree not less than three-inch caliper measured at breast height at the time of planting shall be provided within any such parking area for each eight parking spaces. In all off-street parking areas containing 20 or more parking spaces, at least 20% of the interior of the parking area shall be curbed and landscaped with trees, shrubs and other plant material.

In the case of larger parking areas for more than 40 cars, raised planting islands at least 12 feet in width shall be provided to guide vehicular movement and to separate opposing rows of parking spaces so as to provide adequate space for plant growth, pedestrian circulation, and vehicle overhang. Such raised planting islands and the landscaping within them shall be designed and arranged in such a way as to provide vertical definition to major traffic circulation aisles, entrances and exits, to channel internal traffic flow and prevent indiscriminate diagonal movement of vehicles and to provide relief from the visual monotony and shadeless expanse of a large parking area. Curbs of such islands shall be designed so as to facilitate surface drainage and prevent vehicles from overlapping sidewalks or other pedestrian ways and damaging plant materials.

No obstruction to driver vision shall be erected or maintained on any lot within the triangle formed by the street line of such lot, the outer edge of the access driveway to the parking area and a line drawn along such street and access drive 30 feet distant from their point of intersection.

All self-propelled equipment employed in parking area and other site maintenance, including all accessories thereto, shall be stored in enclosed structures, which structures shall conform to the architectural theme of the development.

Screening and buffer areas.

All portions of multifamily and nonresidential properties which are not used for buildings, structures, off-street parking and loading areas, pedestrian areas or similar appurtenant features shall be suitably landscaped and permanently maintained with planting of trees, shrubbery and ground cover, as approved by the Planning Board as part of the site plan, so as to minimize erosion and storm water runoff and harmoniously blend such uses with the rural residential character of the Town as a whole.

On all properties developed for multifamily or nonresidential use, a landscaped buffer area shall be required to provide for visual or physical year-round separation between abutting and potentially incompatible land uses. The buffer shall be adequate to screen and protect neighboring residential properties from the view of uses and parking areas on the site. The buffer area shall be a portion of the required yard along any lot line abutting or directly across the street from a lot in a residential district. The buffer area shall be at least 25 feet in depth and consist of a combination of mature canopy and understory plantings to provide immediate screening.

Plan submission requirements. Adequate plans for the installation of required fences, screens and landscaping shall be submitted and reviewed by the Planning Board in accordance with the site plan and special permit review and approval procedures set forth in Articles VI and VII, respectively, of this chapter. The retention and enhancement of existing vegetation, the introduction of substantial new vegetation and the introduction of earthen berming shall be considered the preferred means to satisfy screening requirements, with the use of wall-type fencing deemed less appropriate to the rural character of the Town of Union Vale.

Maintenance requirements. Any required fences, screens and landscaping, installed in accordance with this chapter shall, as a condition of the certificate of occupancy, be maintained in good order to achieve the objectives stated herein. Failure to maintain in a skillful manner or to replace as may be necessary either dead or diseased landscaping or damaged or otherwise deteriorating fencing shall be considered a chargeable violation of this chapter. All plant materials that perish within five years of planting shall be replaced and replanted in kind by the applicant. The Town Planning Board may require a performance bond to ensure long term maintenance of all required landscaping. When required, a performance guaranty (performance bond or escrow deposit) shall ensure replanting or replacement of any plant material that has perished within five years of planting, with this performance guaranty to be in an amount and form satisfactory to the Town Attorney and the Town Board, with recommendation thereon provided by the Planning Board and the Town Engineer. The amount of said performance guaranty, although established on a case-by-case basis, shall be within a range specified in the fee schedule established and annually reviewed by the Town Board.

§ 210-38 Required screening for nonresidential uses.

[Amended 1-18-2023 by L.L. No. 1-2023]

Any enclosed or unenclosed storage, business, commercial or light industrial use permitted by this chapter shall be provided with a fence, screening by existing plant materials and/or introduced landscaping sufficient to obscure the view of such use from adjoining properties in residential zoning districts and public rights-of-way.

Any use which is not conducted within a completely enclosed building, including but not limited to either a storage or contractor's yard, and parking, loading and service areas of all descriptions, and which use abuts or is located within a residential zoning district or fronts a public right-of-way shall not be located within the required front yard and shall be obscured from view from such residential zoning districts and public rights-of-way in an effective manner.

Adequate plans for the installation of required fences, retention of natural plant materials and introduction of landscaping shall be reviewed by the Planning Board in accordance with the provision of Articles VI and VII of this chapter regarding the special use permit and site plan review procedures. The retention and enhancement of existing vegetation, the introduction of substantial new vegetation, and the introduction of earthen berming shall be considered the preferred means to satisfy these screenings

Any required fences, retained natural plant materials or landscaping installed in accordance with this chapter shall, as a condition of the certificate of occupancy for the use or premises, be maintained in good order to achieve the objectives stated herein. Failure to maintain in a skillful manner fencing or to replace as may be necessary dead or diseased plant material, including but not limited to introduced landscaping, or damaged or otherwise deteriorating fencing shall be considered a chargeable violation of this chapter.

§ 210-39 Agriculture.

Agriculture, as defined in Article XII, § 210-86A, of this chapter and encouraged under Chapter 124, Farming, of the Town of Union Vale Town Code, shall be permitted in all zoning districts, provided that the following criteria are met:

No fur-bearing animals shall be kept or cage-type poultry operations maintained on a nonfarm parcel in any zoning district.

No horse, cow, hog, beef cattle, sheep, goat or other large farm animal shall be kept on a nonfarm parcel of less than five acres in any zoning district.

Not more than 12 adult or fully grown chickens, ducks, geese or other fowl or birds of any type, rabbits or other small farm animals, or a combination thereof, shall be kept on a nonfarm parcel of less than five acres in any zoning district.

Any structure associated with conduct of agricultural activity on a nonfarm parcel shall comply with the limitations for accessory structures set forth within Article IV, § 210-17, Accessory structures, of this chapter.

[Added 3-11-2010 by L.L. No. 12-2010]

§ 210-40 Keeping of farm animals on nonfarm parcels.

In any zoning district where agricultural uses are permitted, the keeping of fowl and farm animals on nonfarm parcels of at least five acres but less than 15 acres shall be limited as follows:

The keeping of one horse, cow, hog, beef cattle, sheep, goat or other large farm animal shall be permitted on the first five acres of land with one additional large farm animal authorized on each additional full acre.

The keeping of not more than 12 adult or fully grown chickens, ducks, geese or other fowl or birds of any type, rabbits or other small farm animals, or a combination thereof, shall be permitted on the first five acres of land and on each additional full acre.

No building or other fully or partially enclosed structure or portion thereof housing horses or other large farm animals shall be permitted within 100 feet of any lot line. No fenced area for large farm animals shall be located closer than 100 feet to an existing neighboring residence.

No building or other fully or partially enclosed structure or portion thereof housing more than 12 adult or fully grown chickens, ducks, geese or other fowl or birds of any type, rabbits or other small farm animals, or a combination thereof, shall be located less than 50 feet from any lot line or within 100 feet of the nearest residence.

Manure shall be stored in such a manner that it will not create a health hazard or constitute a public nuisance. Manure shall not be stored less than 100 feet from any lot line, stream or other water body, less than 150 feet from any well or spring providing a source of potable water nor within 200 feet of the nearest neighboring residence.

§ 210-41 Roadside stands.

A roadside stand, as defined in Article XII, § 210-86A, of this chapter, shall as set forth within the District Schedule of Use Regulations be authorized by special use permit in the RD10, RA5 and RA3 Districts as a seasonal accessory use related to the agricultural activity occurring on either a farm or a nonfarm parcel, provided that:

The total floor area of the roadside stand shall not exceed 40 square feet.

The roadside stand is located a minimum of 20 feet from any street or highway right-of-way line.

The roadside stand shall be solely for seasonal display and sale of agricultural products grown principally on the premises or, in limited quantity, elsewhere by the operator of the roadside stand or other occupant of the premises.

Signage shall be limited to a single sign, nonpermanent but securely mounted, not greater than six square feet in area and located not less than five feet from any street or highway right-of-way line.

Upon cessation of the use for more than one calendar year, the roadside stand shall be removed from the premises or moved to a location thereon where it may be adaptively used as a legal accessory structure.

§ 210-42 Farms, farm operations and related uses. [1]

[Amended 3-11-2010 by L.L. No. 12-2010; 1-18-2023 by L.L. No. 1-2023]

The operation of a farm and the conduct of generally accepted agricultural and farm management practices, each as defined in Article XII, § 210-86A, of this chapter, shall be permitted in all zoning districts in accordance with Chapter 124, Farming, of the Code of the Town of Union Vale. This authorization shall be specifically construed to include the following uses:

The conduct of agriculture, as defined in the aforementioned § 210-86A of this chapter.

The production of farm products, as defined in the aforementioned § 210-86A of this chapter.

The retail sale of farm products at a roadside stand as set forth in above § 210-41 of this article and limited to the extent provided therein.

The maintenance of a farm operation, as defined in the aforementioned § 210-86A of this chapter.

Housing for farm principals and employees shall, as set forth in the District Schedule of Use Regulations, be authorized by special use permit as an accessory use on a farm parcel in all zoning districts, except the Airport (A), Neighborhood Commercial (NC) and Town Center (TC) Districts, in accordance with Chapter 124, Farming, of the Code of the Town of Union Vale, and the below standards:

The housing shall be provided exclusively for either seasonal workers or for farm principals and employees, and the families of such farm principals and employees, who gain their primary income from employment on the farm parcel by the host farm on a full-time year-round basis.

The housing may consist of the following housing types: single-family dwellings, including mobile homes; two-family dwellings and multiple dwellings.

The housing shall comply with the following requirements:

The housing shall be supported by adequate water supply and sewage disposal facilities in accordance with the standards of the Dutchess County Health Department.

The housing shall be in compliance with the applicable provisions of the New York State Uniform Fire Prevention and Building Code and all other applicable laws, ordinances and regulations applicable to either building construction or maintenance of farm labor housing.

If either intended for seasonal use or in the form of a mobile home, the housing shall be located on the farm parcel no closer to the front property line or any other street line than the principal farm dwelling and shall meet all other minimum setback requirements for a principal dwelling in the zoning district as set forth in the District Schedule of Area and Bulk Regulations found at Article IV, § 210-11, of this chapter. Such housing shall, to the extent practicable, additionally be screened by vegetation and/or landform from adjacent properties and public rights-of-way.

If intended for seasonal use or in the form of a mobile home, such housing shall be immediately moved from the site upon cessation of farm operations and may not be occupied for nonfarm purposes. The property owner shall specifically acknowledge, in writing, this requirement prior to the issuance of a building permit or certificate of occupancy for the intended building or use.

In all other cases, each house site and related water supply and sanitary sewage facilities shall be located so that the house lot could be legally subdivided from the farm parcel and occupied as a residential dwelling in strict accordance with Chapter 192, Subdivision of Land, of the Town of Union Vale Town Code, this chapter and the applicable regulations for water supply and sanitary sewage facilities administered by the Dutchess County Health Department.

The conduct of a farm industry, as defined in Article XII, § 210-86A, of this chapter, shall, as set forth in the District Schedule of Use Regulations, be authorized by special use permit as an accessory use on a farm parcel in the RD10, RA5, RA3, and TC Districts, provided that:

The scale of the farm industry shall be clearly subordinate to the farm operation and must be discontinued immediately upon cessation of the farm operation unless otherwise authorized as a permitted principal or accessory use, i.e., a home occupation, within the zoning district, in which event all requirements applicable to the permitted principal or accessory use would have to then be met.

The farm industry shall be conducted through the primary use of buildings, equipment and other facilities integral to the farm operation.

The farm industry shall be operated by the farm owner and involve as outside employees only those otherwise engaged in the agricultural operation to which the farm industry is subordinate.

Permitted farm industry uses.

The farm industry may include one or more of the following on-site uses, provided that the general performance standards otherwise set forth in Article V, § 210-24, of this chapter for nonresidential and nonagricultural uses are met and the use is conducted, to the extent practicable, in an enclosed structure appurtenant to the farm operation:

Welding.

Agricultural machinery repair.

Woodworking.

Tack and harness repair, horseshoeing and blacksmith work.

Dressing of game.

Firewood preparation and sales.

Processing of locally produced agricultural products.

Veterinarian's office and/or animal hospital.

Marine, recreational vehicle, classic automobile and related seasonal storage.

Subject to compliance with the aforesaid general performance standards, the farm industry may further include the business and equipment/material storage functions associated with the following uses, provided that such storage functions are wholly enclosed or effectively screened by intervening landform and vegetation throughout all seasons of the year from neighboring residential properties and public rights-of-way:

Timber harvesting; commercial logging.

Excavation.

Landscaping.

Grounds maintenance.

Animal breeding.

A separate certificate of occupancy shall be required for the farm industry activity with the farm industry use not deemed authorized by the mere presence of the farm, i.e., the agricultural and related principal residential use occurring on the premises. As a condition precedent to the issuance of such certificate, the property owner shall specifically acknowledge, in writing, the requirement that the accessory farm industry cease operation immediately if discontinuance of the farm use to which such farm industry is accessory should occur.

To the extent any clearing and grading of land, any construction of agricultural buildings and other structures, or the installation of any farm-related improvements may require an approval by the Planning Board or other agencies of the Town, it shall be the policy of the Town to integrate, to the extent practicable, required review and approval processes under this chapter and other Code chapters, including but not limited to Chapter 105, Building Construction and Fire Prevention, Chapter 122, Erosion and Sediment Control, and Chapter 135, Flood Damage Prevention. In the case of any requirement for site plan review and approval pursuant to Article VII of this chapter, the below expedited agricultural site plan review and approval process shall be employed by the Planning Board:

The applicant shall submit the required application form and fee, including the name and address of the applicant, any professional advisors, the owner of the property, and accompanied by written authorization for any parties who may be serving as agents before the Planning Board.

The applicant shall submit an existing conditions sketch of the parcel on a location map (such as a copy of a survey or tax map) showing the boundaries and dimensions of the parcel of land involved and identifying contiguous properties and any known easements or rights-of-way and roadways. On this map, the applicant shall also show the existing features of the site, including land and water areas, water supply and/or sanitary sewage systems and the approximate location of all existing structures on or immediately adjacent to the site.

The existing conditions sketch shall either be accompanied by a second sketch depicting the proposed location and arrangement of buildings and uses on the site, including access and egress, parking and circulation, or this information shall be overlain on the existing conditions sketch.

The proposed conditions sketch shall be accompanied by a sketch depicting any proposed buildings or structures, including their exterior dimensions and elevations of their front, side and rear views.

The above sketches shall be accompanied by a narrative description of the intended use and the proposed building(s) and/or structure(s), including any proposed changes in existing topography and natural features of the parcel intended to accommodate the proposed changes in topography.

If any buildings or structures are to be placed within 100 feet of a stream, wetland or other water resource, additional information as required pursuant to Article V, § 210-29, and, as applicable, § 210-48, of this chapter shall be provided.

If the intended work exceeds the thresholds set forth within Town Code Chapter 122, Erosion and Sediment Control, for requirements of a stormwater pollution prevention plan (SWPP), additional information shall be submitted in accordance with the requirements set forth within said Chapter 122.

If the intended work involves alteration of land within a FEMA-designated floodplain, additional information shall be submitted in accordance with the requirements of Town Code Chapter 135, Flood Damage Prevention, and Article V, § 210-30, of this chapter.

Plans or drawings of any buildings or structures stamped and sealed by a licensed design professional shall be required only when the proposed improvements are not subject to the exceptions stated in New York State Education Law § 7209(7)(b) or such plans or drawings are required by the Code Enforcement Officer in the administration of Town Code Chapter 105, Building Construction and Fire Prevention.

Upon receipt by the Planning Board of the above information, the agricultural site plan application will be referred to the Dutchess County Department of Planning and Development in accordance with Article VII, § 210-65B(3), of this chapter, if applicable, prior to site plan approval. The Planning board may cause the submission to be reviewed by its consultants and conduct a public hearing on the proposed site plan, depending upon the nature of the application and the degree of public interest. Action by the Planning Board shall follow the procedures enumerated in Article VII, § 210-65F, of this chapter.

Editor's Note: See also Ch. 124, Farming.

§ 210-43 Outdoor storage and parking of commercial vehicles on residential lots.

Neither more than one commercial vehicle in excess of 20 feet in length nor more than a total of two camping or other trailers, boats or motorized recreational vehicles of any type may be stored outside on a lot in a residential district. All such outdoor storage shall occur as inconspicuously as possible on the lot and may not occur within the minimum required front yard. No such commercial vehicle shall be stored within 100 feet of an adjoining residential lot line nor shall a camping trailer or boat be stored within 25 feet of an adjoining lot line unless a dense natural vegetative screen is planted and maintained, in which case the above-stated minimum distances may be reduced to 50 feet and 15 feet, respectively.

§ 210-44 Antennas.

Communication towers and pole-mounted or ground-mounted antennas shall be permitted for nonprofit, noncommercial purposes in all zoning districts, provided that:

There shall be no more than one communication tower installed on any lot or parcel on a residential premises which tower may not be installed either closer to the front property line than the principal dwelling on the lot or within any other required yard area.

Any such communication tower shall be not more than 35 feet in height measured to its highest point, including any appurtenances thereto, from the ground elevation at its base and shall be set back a distance not less than the height of the tower plus an additional 10 feet from any lot line, or as may be more strictly regulated by § 210-44A above.

The view of any such communication tower shall be screened to the extent practicable by intervening landform or vegetation from adjacent residential properties and those traveling on public rights-of-way.

Any dish antenna, whether attached to a building or installed as a ground- or pole-mounted structure, shall be set back a minimum of 35 feet from any property line. The dish antenna shall, in addition, be at least partially screened by intervening vegetation or landform from adjacent property lines or public rights-of-way to the extent practicable and without adversely affecting the operation of the dish antenna.

Furthermore, no such ground- or pole-mounted dish antenna shall encroach upon the minimum required front yard specified by the District Schedule of Area and Bulk Regulations for the zoning district.

As an exception and in consideration of applicable Federal Communications Commission (FCC) regulations, a ground- or pole-mounted dish antenna may be located within the minimum required front yard or closer to any other property line than specified in § 210-44D and E above upon submission of reliable documentation to the Zoning Board of Appeals demonstrating that compliance with the standards set forth therein would adversely affect the operation and utility of the dish antenna so as to render it ineffective.

No ground-mounted dish antenna shall exceed 12 feet in diameter or 15 feet height measured from its highest point to the ground elevation at its base.

No building or roof-mounted antenna shall exceed four feet in diameter or extend, as measured from its highest point, beyond either a height of 35 feet or more than six feet above the highest point in the roof of the building to which it is attached, whichever is the more restrictive.

Any ground- or pole-mounted antenna shall be:

Properly anchored, adequately grounded and connected to its receiver by underground wiring.

Designed and located, to the extent practicable, to minimize visual impact on adjacent property and public rights-of-way, with black mesh preferred for dish antennas due to its significantly reduced visual effect.

§ 210-45 Temporary buildings and uses.

[Amended 1-18-2023 by L.L. No. 1-2023]

Temporary buildings. Temporary buildings shall be used for construction or development purposes only. Such buildings shall not be used as sales offices or as places for human habitation. No such building may be sited prior to the issuance of a building permit or subdivision plat approval, as may be applicable to a realty subdivision project, and shall be removed within 30 calendar days of the completion of construction of the development project. The above notwithstanding, no such temporary building shall be in place for a period of more than two calendar years and its removal shall be considered a condition precedent to issuance of any final certificate of occupancy for the development project.

Temporary open storage facility. No temporary storage facility shall be maintained within any district, except as accessory to an approved construction site where authorized work is being diligently pursued.

Carnivals, fairs, circuses and other events. Nothing in this chapter shall be construed as prohibiting a church, school, civic association, or similar nonprofit organization from holding a fair, carnival, circus, flea market, horse show or similar event for a temporary period not exceeding three calendar days upon its premises and shall not have more than two such events within one calendar year, the profit from which event is for the sole benefit of said applicant or other designated noncommercial beneficiary, or as requiring a permit therefor. Upon specific request, the Code Enforcement Officer may, in accordance with the District Schedule of Use Regulations, further issue a permit to any such organization located in the Town of Union Vale to hold such an event upon certain premises other than those of the applicant.

Garage, yard and barn sales. Nothing in this chapter shall be construed as prohibiting private garage, yard and barn sales or requiring the issuance of a permit therefor, provided that the following standards are met:

No such sale shall last longer than three consecutive calendar days.

No premises shall be the location of more than two such sales within one calendar year.

All sales shall be conducted on the owner's property. The above notwithstanding, multiple-family or neighborhood sales are permitted, provided that the sale is held on the property of one or more of the participants.

No goods purchased for resale may be offered for sale.

No consignment goods may be offered for sale.

No directional or advertising sign associated with the sale shall exceed four square feet in area.

No directional or advertising sign shall be displayed more than 24 hours prior to the sale, and each such sign shall be removed immediately upon completion of the sale.

§ 210-46 Development within the Hamlet (H) District.

The Zoning District Map set forth in Article II, § 210-6, of this chapter delineates the boundaries of the Hamlet (H) District and the District Schedule of Use Regulations found at Article III, § 210-10, establishes opportunity for an appropriate mix of residential and small-scale retail, commercial, community facility and personal service uses therein. In order to ensure the inclusion of these nonresidential uses will vitalize the Hamlet District and enhance its overall character without diminishing either its viability as a residential area or the integrity of its historic resources, the Town has set forth the additional regulations which follow to supplement the underlying development parameters for the District, including the use and area and bulk standards set forth with the District Schedule of Use Regulations and the District Schedule of Area and Bulk Regulations, respectively.

Except for church or other place of religious worship and boarding stable, no use authorized by special use permit shall occupy more than 1,500 square feet of gross floor area, including customer, client or guest space and related storage and other supporting facilities.

Any development, including the conversion of an existing principal or accessory structure to accommodate authorized nonresidential use, shall be found by the Planning Board through its consideration of a certificate of appropriateness to be consistent with the following standards and all other pertinent requirements of this chapter:

Any alteration of, or addition to, an existing structure shall respect the inherent integrity of the structure and the prevailing architectural character of the Hamlet District.

All new structures or additions to existing structures shall be architecturally compatible with the existing structures.

Any intended demolition of an existing structure shall be determined either to be of no adverse effect on the overall character of the Hamlet District or without reasonable alternative, including consideration of the relocation of the structure within the parcel, elsewhere within the Hamlet District or outside the District.

Any development shall respect the sensitive nature of the Sprout Creek and, to the greatest extent practicable, maintain a natural buffer area of 100 feet between the closer stream bank and any structures, parking areas and supporting infrastructure.

Any signage which may be installed shall be consistent with the sign standards set forth at Article V, § 210-26, of this chapter and, notwithstanding any other provision thereof, shall by either of wood or etched in stone.

Required parking and other supporting improvements of a utilitarian nature shall comply with the standards otherwise set forth at Article V, § 210-25, and elsewhere within this chapter and shall further be sited as inconspicuously and screened by landscaping to the extent practicable.

§ 210-47 Development within Airport (A) District and Airport Overlay (A-O) District.

[Amended 1-18-2023 by L.L. No. 1-2023]

The Town of Union Vale has recognized through its establishment at Article II, § 210-5, of this chapter of both the Airport (A) District and the Airport Overlay (A-O) District and the delineation of such districts on the Zoning District Map set forth in Article II, § 210-6 herein, both the unique land use concerns and development opportunities associated with the presence of an active airport facility within the Town. In order to balance the purposes stated below in § 210-47A, the Town has set forth the additional regulations within the following § 210-47B through D of this section to supplement the other pertinent provisions of this chapter.

Purposes. Regulations and other special requirements pertaining to the Airport (A) and Airport-Overlay Districts have been established so as to balance the following purposes:

To encourage continuing private and public investment at Sky Acres Airport to ensure that the airport can be operated and maintained as a safe and functional airport in accordance with Federal Aviation Administration (FAA) standards for such a general aviation facility.

To authorize as part of the airport development those accessory uses that are set forth on the approved facility master plan and contribute to its convenience for pilots and other persons using the airport.

To authorize as either coprincipal uses of the airport parcel or as a principal use of other parcels within the Airport District development of those facilities and business enterprises uniquely dependent upon location at or adjacent to an airport.

To control development within the Airport District to avoid, to the extent practicable, interference by either the airport, its authorized accessory uses or other authorized airport-related principal uses with use and enjoyment of their properties by owners of adjacent residential properties and/or residentially zoned lands.

To ensure to the extent practicable as an integral part of the Town's land use and development review and approval processes that those acquiring property within the vicinity of Sky Acres Airport, and most particularly those considering the acquisition of lands, below the FAA-recognized arrival and departure flight tracks for Runways 17 and 35 are aware of the presence of the Airport and provided disclosure to the effect that noise associated with authorized aircraft activity and/or noise and light associated with Airport operations may be routinely experienced on their property.

Authorized uses. In accordance with the aforesaid purposes, the following uses are authorized within the Airport District:

As accessory uses, each of which uses shall be subject to site plan approval in accordance with the procedure and standards set forth within Article VII of this chapter:

As accessory uses directly related to and on the same parcel as the principal permitted airport use:

Parking and loading area.

Emergency services facilities.

Aircraft tie-downs.

Aircraft hangars for the storage of a single aircraft, typically a T-hangar.

Fuel storage and sales exclusively in support of airport activity.

Administrative office in support of airport operations.

Airport maintenance shop facilities.

Coffee shop or similar food service establishment, not to exceed seating for 20 persons.

Retail shop for aviation-related supplies, accessories and gifts, not to exceed 1,000 square feet of gross building floor area.

Pilot's lounge, locker room and related facilities, not to include overnight lodging.

Signage.

On-site utility services.

[13]

Communications facilities essential to airport operations.

[14]

Satellite dish antennas.

As accessory uses directly related to and on the same parcel as any other principal permitted use within the Airport District:

Parking and loading facilities.

Aircraft tie-downs.

Signage.

On-site utility services.

Satellite dish antennas.

As either coprincipal uses of the airport parcel or as a principal use of other parcels within the Airport District, each of which airport-related uses shall be subject to the issuance of a special use permit and site plan approval in accordance with the procedures and standards set forth within Articles VI and VII, respectively, of this chapter:

Office, trade shop and light manufacturing uses, provided that any such use shall be conducted wholly indoors and shall occupy, whether individually or in combination with another authorized office, trade shop or light manufacturing use, not more 10,000 square feet of gross floor area on a lot, parcel or premises.

Aircraft hangars designed to accommodate more than a single aircraft.

Aviation schools and flight and ground instruction.

Airplane rental and sales.

Airplane maintenance and repair shop facilities.

Airplane salvage and/or fabrication, repair and testing of aircraft equipment and parts, including associated storage, not to exceed either 20,000 square feet of gross building floor area or 20,000 square feet of gross land area used as an outdoor storage yard.

Office and research buildings occupied principally in support of other Airport District uses, not to exceed 10,000 square feet in gross building floor area.

Restaurant, not to exceed seating for 50 persons and with direct access to airport facilities.

Required setback for airport district uses from residentially zoned lands.

Except for accessory signage, no development or use of buildings and/or lands for airport or airport-related uses permitted within the Airport District pursuant to the District Schedule of Use Regulations, whether such development or use is classified as a principal use or an accessory use, shall be located within 150 feet of the boundary of any residential zoning district.

The above notwithstanding, a taxiway may be developed across the 150 foot wide buffer area to accommodate the aircraft of owners of residential lots within an airport residential subdivision that may be developed by special use permit on RA3 District lands contiguous to Sky Acres Airport.

Outdoor storage areas. Any outdoor storage area within the Airport District shall comply with each of the following criteria:

The outdoor storage area shall at all times be confined to the specific lot or parcel area delineated for such purpose on a site plan approved by the Town Planning Board.

The outdoor storage area, including related screening, shall be continuously maintained in a neat and orderly manner.

The outdoor storage area shall house only those types of parts, equipment or other material set forth in the certificate of occupancy.

The outdoor storage area shall be suitably screened throughout all seasons of the year from view from public rights-of-way and neighboring properties either independently or through an appropriate combination of intervening landform, natural vegetation and fencing.

Effect of designation as open development area.

The following criteria apply to the development and use of buildings and/or lands for either principal and/or accessory uses authorized within the district pursuant to the District Schedule of Use Regulations within any portion of the Airport District which either has heretofore been or may in the future be established by the Town Board as an open development area pursuant to the provisions of § 280-a, Subdivision 4, of the Town Law:

Lots within such open development area shall not be required to have either direct access to or frontage on a public roadway. Such lots may gain access to the public roadway via a private roadway and have frontage on a private roadway, provided that such roadway and all private roads are designed and built pursuant to the Town of Union Vale Driveway and Highway Standards (Chapter 111, Driveways, and Chapter A215, Street Specifications) as may be adopted or amended, is depicted on a subdivision plat approved by the Town Planning Board and installed, owned and maintained in accordance with the below-stated criteria:

Design criteria shall be as follows:

Minimum right-of-way (ROW) or easement width of 45 feet.

Minimum cartway width of 22 feet.

Minimum stabilized shoulder width of three feet.

Minimum foundation course of 12 inches of mechanically compacted gravel.

Minimum surface of three inches of asphalt concrete base and two inches of asphalt concrete wearing surface.

Use, ownership and maintenance agreement. All private roadways shall be designed and built pursuant to the Town of Union Vale Driveway and Highway Standards (Chapter 111, Driveways, and Chapter A215, Street Specifications) as may be adopted or amended. The private roadway shall be the subject of an agreement establishing terms for its long-term use, ownership and maintenance, such agreement to be first reviewed and deemed satisfactory by the Planning Board and then recorded in the Dutchess County Clerk's office simultaneously with the filing of the approved subdivision plat.

Dual use of aircraft and roadway vehicles. To the extent such private roadway or part thereof is intended to accommodate the dual movement of aircraft and typical roadway vehicles, a gate or similar control structure satisfactory to the Planning Board shall be provided to ensure that vehicular access to the private roadway or part thereof is strictly limited.

Application of minimum lot area requirements.

Except where deemed necessary by the Planning Board, the minimum lot area and dimensional requirements established for the Airport District within the District Schedule of Area and Bulk Regulations shall not be applied to any lot created and limited by a legally binding instrument enforceable by the Town of Union Vale to a use that would otherwise be deemed an accessory use pursuant to the District Schedule of Use Regulations if located on the parcel developed for airport use.

Proposed lot area, frontage, width and depth parameters for such lots shall be reviewed by the Planning Board and minimum acceptable standards established as part of the subdivision plat review and approval process in consideration of factors the Board deems pertinent, including but not limited to the following:

The intended purpose of each of the lots.

The level of supporting infrastructure either proposed or required pursuant to Occupational Safety and Health Administration (OSHA), Health Department or other regulations.

Conformance to minimum requirements of the New York State Uniform Fire Prevention and Building Code.

[d]

The relationship of the affected land area to other lots or improvements as either simultaneously proposed by the landowner or otherwise described on the master plan for Sky Acres Airport.

The above procedure notwithstanding and except as may be authorized for intended T-hangar development, no lot created upon authorization of the Planning Board shall contain less than 60,000 square feet or have less than 100 feet of roadway frontage.

Furthermore, the minimum lot dimension requirements set forth within the District Schedule of Area and Bulk Regulations shall continue to apply to all other lots within the Airport District, whether located within or outside an open development area.

Minimum yard requirements established for the Airport District within the District Schedule of Area and Bulk Regulations may be modified by the Planning Board during the site plan review and approval process to the extent authorized herein for development of any lot within an open development area:

Minimum front, side and/or rear yard requirements may be reduced at the discretion of the Planning Board or wholly eliminated to accommodate the siting or nesting of that type of individual aircraft hangar commonly known as a T-hangar.

Minimum front, side and/or rear yard requirements for other authorized permitted uses may be reduced at the discretion of the Planning Board to 50 feet, 35 feet and 35 feet, respectively, except where a greater setback is required to conform to the provisions of § 210-47B above.

The maximum building coverage standard of 25% established for the Airport District within the District Schedule of Area and Bulk Regulations may be increased at the discretion of the Planning Board and to the extent such may apply, the minimum open space requirement of 35% may also be decreased by the Planning Board in order to accommodate the siting or nesting of T-hangars.

Design considerations and disclosure requirements within the Airport Overlay (A-O) District. The following criteria shall be applied by the Planning Board during its review of any application for subdivision plat or site plan approval or issuance of a special use permit for the proposed development of a residential subdivision, or for the establishment of residential or institutional uses and community facilities, services and uses, within the Airport Overlay (A-O) District:

To the extent practicable, through the employ of the conservation subdivision or residential cluster subdivision technique and other efforts at modified site configuration, the Planning Board shall encourage, but not mandate, the applicant to carry out development at the location within the property least impacted by either the FAA-recognized arrival and departure flight tracks for Sky Acres Airport Runways 17 and 35 and/or the property's otherwise proximate location to the Airport.

In all cases, require there be a conspicuous note, supplemented by graphic depiction where pertinent, placed on the subdivision plat or site plan advising generally of the presence of the property within the Airport Overlay (A-O) District and explicitly of the relationship of the property to the FAA-recognized arrival and departure flight tracks for Sky Acres Airport Runways 17 and 35 and/or the property's otherwise proximate location to the Airport. Said note shall further state that due to such location users of the property should routinely expect to experience noise associated with authorized air traffic and/or noise and light associated with Airport operations.

§ 210-48 Development within Environmental Resource Overlay (ER-O) District.

[Amended 3-11-2010 by L.L. No. 12-2010; 1-18-2023 by L.L. No. 1-2023]

The Town of Union Vale declares that the protection of its surface and ground water resources, including its wetlands, streams and aquifers, historic and cultural resources and lands within certified agricultural districts, including important farmlands, is a vital public purpose and that, to the extent practicable, future development of the Town should minimize alteration of, and construction within and immediately adjacent to, these significant environmental resource areas.

In furtherance of this objective, Article II, § 210-5, of this chapter established the Environmental Resource Overlay (ER-O) District as an overlay district in which the additional regulations set forth in this section supplement, but do not replace, the use regulations and the area and bulk regulations otherwise applicable to the underlying zoning district or as may further be in effect due to the presence of certain lands within the Flood-Fringe Overlay (FF-O) District. If there is any conflict between the requirements of the ER-O District and either the underlying zoning district or the FF-O District, the more restrictive requirement or requirements shall apply.

In considering any application for the issuance of a special use permit or the approval of a site plan in accordance with Articles VI and VII, respectively, of this chapter or any application for approval of a subdivision plat pursuant to Chapter 192, Subdivision of Land, of the Code of the Town of Union Vale, the Planning Board shall, to the maximum extent practicable, ensure that heretofore undeveloped lands delineated within the Environmental Resource Overlay (ER-O) District set forth in § 210-5 of this chapter be maintained as perpetual open space and as an appropriate setting or context for the historic buildings located thereon or in the vicinity thereof, directing allowable new development onto other lands, if any, held by the applicant outside the ER-O District.

The Environmental Resource Overlay (ER-O) District Map set forth pursuant to this section complements the above-cited Zoning District Map and, as set forth within Article II, § 210-6, of this chapter is annexed thereto and considered to be an appurtenant part thereof. The former delineates directly or through reference to available mapping from county, state or federal planning agencies and jurisdictional authorities more precisely the areas subject to the more specific regulations set forth below based upon the presence of the captioned environmental resource.

Wetlands and streams. The protection of wetlands and stream corridors is essential to the maintenance of water quality and the sustenance of wildlife habitat. It is, therefore, deemed necessary for the Town of Union Vale to create adequate buffers to protect those wetlands and streams from development encroachment, erosion and water quality degradation caused by either surface or subsurface runoff.

Regulated wetlands under this chapter consist of the following:

All New York State Freshwater Wetlands, Classes I, II and III, as delineated by the NYS Department of Environmental Conservation pursuant to Article 24 of the Environmental Conservation Law, including but not limited to those depicted on a 1987 map entitled NYSDEC Freshwater Wetlands, Verbank Quadrangle.

All Federal Wetlands subject to jurisdiction by the U.S. Army Corps of Engineers pursuant to § 404 of the Clean Water Act, including but not limited to those depicted on a 1989 map entitled National Wetland Inventory, Verbank Quadrangle.

Regulated streams under this chapter consist of the following:

All classified streams subject to regulation by the New York State Department of Environmental Conservation pursuant to Article 15 of the Environmental Conservation Law as set forth on the NYSDEC Waters Index and as depicted on a map entitled NYSDEC Biological Survey, Verbank Quadrangle.

Any other streams that may upon recommendation of the Conservation Advisory Council be designated as regulated streams for purposes of this chapter by the Town Board.

Boundaries; buffers.

There shall be no construction, filling, excavation, clearing of mature trees, grading or other alteration of the natural landscape or application of fertilizers, pesticides or herbicides beyond the level of generally accepted agricultural practices, as endorsed by the New York State Department of Agriculture and Markets, New York State Department of Environmental Conservation and the Federal Environmental Protection Agency, or dumping or disposal of any materials by human beings within 100 feet of either the boundary of any wetland or either of the normal stream banks of any stream regulated hereunder without the prior issuance of a special use permit by the Planning Board.

The above notwithstanding, a natural vegetated buffer of trees, shrubs and grasses not less than 50 feet wide shall in all circumstances be maintained from either the normal stream bank or wetland boundary for all uses and activities except for those dependent upon the recreational use of the stream course or the employ of either the stream course or the wetland as a source of water for emergency or agricultural purposes.

Application for such special use permit shall be made in accordance with the requirements of Article VI of this chapter. The Planning Board may consult with the Conservation Advisory Council and other persons and agencies in review of the application and may issue the special use permit only upon a specific finding that both of the following criteria are met:

Prohibition of the proposed use or activity, while desirable in terms of environmental objectives, would be unreasonable as applied to the particular parcel and impose an unreasonable economic burden upon the owner.

The Planning Board has been able to define appropriate conditions for attachment to the special use permit to reasonably ensure that the proposed use or activity will not result in erosion or stream pollution from surface or subsurface runoff, diminish the capability of the stream or wetland to function as a drainage catchment, or adversely affect the characteristics of the stream or wetland as a wildlife or aquatic habitat.

Aquifers and wellheads. It is in the overall public interest to preserve the quality and quantity of the Town's groundwater resources to ensure a safe and adequate water supply for present and future generations. Accordingly, the Town of Union Vale seeks to protect groundwater resources currently in use and those aquifers having potential for future use as substantial water supplies through delineation of both aquifers and their secondary protection zones and wellhead protection areas to the extent practicable, through reference to other maps and data sources as pertinent, on the aforementioned Environmental Resource Overlay (ER-O) District Map and the imposition of the regulations set forth herein:

Within both the aquifer and wellhead protection areas, including any delineated secondary protection zone, the following uses and activities shall be specifically deemed to be prohibited uses and activities except as may be clearly incidental and accessory to a permitted agricultural or residential land use:

The disposal, storage or treatment of hazardous and solid waste material, not to be construed as the maintenance of a composting pile accessory to a residence or other use.

Outdoor storage of any materials that, in the opinion of the Code Enforcement Officer, could contaminate groundwater resources.

Gasoline stations.

Cemeteries.

The cooking, distillation, processing and incineration of animal or vegetable products.

The production of corrosive and noxious chemicals.

The production, processing and storage of coal, coal tar, petroleum and asphalt products.

All other uses and activities that are permitted in the applicable underlying zoning district shall be permitted in the aquifer and wellhead protection areas, provided that the requirements set forth below are met:

Any proposal to install an underground storage tank for any commodity shall be granted only upon demonstration that aboveground installation is shown to be unreasonable and upon securing of a permit therefor from the Town Code Enforcement Officer upon consent of the Union Vale Fire District.

All underground tanks shall be double-hulled steel or fiberglass encased in a concrete vault that includes access for periodic visual inspection.

Special use permits.

Any application for the issuance of a special use permit or approval of a site plan for any multifamily residential, institutional, commercial, light industrial or similar use within the aquifer and wellhead protection areas shall be accompanied by a detailed statement fully describing the proposed use and operation and including certification by the project sponsor that none of the prohibited uses or activities set forth above will occur on the premises.

The design and installation of any on-site sanitary sewage disposal systems for a multifamily residential, institutional, commercial, light industrial or similar use within the aquifer and wellhead protection areas must be further accompanied by certification by a licensed professional engineer that such disposal system will not discharge sewage effluent or other pollutants entering the disposal system into the aquifer.

Each application submitted to the Town for the establishment of a use or the development of land and/or buildings or other structures within the aquifer and wellhead protection areas shall include identification of any necessary federal, state or county permits, copies of all such permit applications and copies of all related correspondence between the applicant and the permitting agency or agencies.

Historic and cultural resources. The Town of Union Vale seeks to preserve its historic buildings, cultural resources, cemeteries, stone walls and other historic features, including views from its roadways and other public areas, by channeling intensive new development away from those areas and onto lands that do not have as much scenic and historic significance. Where development occurs in sensitive historic and cultural resource areas, the Town desires to assure that such development is consistent with the objective of maintaining the existing setting and historic character of such areas to the extent practical.

In furtherance of this objective, the Town has conducted an initial community resource survey to identify historic and cultural resources worthy of preservation. Based on the survey, the Town Board may provide by resolution for amendment of the Town Master Plan as first adopted in October 2001 to provide for the listing and/or other designation of certain locally significant historic and cultural resources. Any such designated historic and cultural resources, as noted on the aforementioned Environmental Resource Overlay (ER-O) District Map, shall be afforded special protection under this section.

The specific areas subject to the regulation under this section include the designated resources and all lands both located within 500 feet of the identified historic or cultural resource and visible from that resource, whether located on the same parcel as the designated resource or on adjacent or other nearby lands.

Site plan approval.

No new structure, including a single-family dwelling, may be constructed or substantial exterior alteration of existing structures within the regulated area may be undertaken without first obtaining site plan approval and the concomitant issuance of a certificate of appropriateness from the Town Planning Board. Upon receipt of an application for site plan review and approval made in accordance with the requirements of Article VII of this chapter, the Planning Board may consult with the Town Historian and/or the Design Review Committee and other persons and agencies in review of the application.

The Planning Board shall be guided by the following principle in its disposition of the application:

In order to grant site plan approval and concomitantly issue a certificate of appropriateness for a proposed structure or substantial exterior alteration of a structure visible from and within 500 feet of a mapped historic resource, the Town Planning Board must find that the structure or alteration is architecturally compatible with the surrounding historic or cultural resource(s) and that, to the extent pertinent, the important features of the environmental setting of the resource(s) have been preserved in the site plan. The Planning Board may recommend, in its findings, the execution of a conservation easement or other legal mechanism to assure the maintenance of the intrinsic qualities of an historic or cultural resource and its environmental setting or context.

Except where emergency action to protect public safety has been deemed necessary by the Code Enforcement Officer, no demolition permit shall be issued for the removal of any structure designated hereunder until the Planning Board has issued a certificate of appropriateness. The Planning Board may only issue such certificate of appropriateness upon determination that no reasonable alternatives, including relocation, exist to the demolition and removal of the structure.

Scenic areas. The Town of Union Vale recognizes the contribution made by the community's scenic resources to its rural and open space character and finds it important to accommodate growth and development within the Town without unduly impairing its scenic qualities.

In furtherance of this objective, the Town Board has identified all lands above 750 feet ASL within the RD-10 District as locally significant scenic areas and may provide by resolution for amendment of the Town Master Plan as first adopted in October 2001 to provide for the geographic depiction and listing or other designation of additional locally significant scenic areas. The aforementioned elevated lands within the RD-10 District and any other additional designated scenic areas, as may be noted on the Environmental Resource Overlay (ER-O) District Map, shall be afforded special protection under this section.

Certificate of visual compatibility.

No substantial land alteration, including either grading or removal of vegetation affecting more than 1/2 acre of land or timber harvesting affecting five or more acres, or new construction, including a single-family dwelling, associated driveway and infrastructure improvements, and any above-grade accessory structures greater than 400 square feet in building footprint or 20 feet in height, may occur within a designated scenic area without first obtaining a certificate of visual compatibility from the Town Planning Board in addition to all other permits and approvals that may be required from the Planning Board and other Town, county, state or federal agencies.

Upon receipt of a complete application for a certificate of visual compatibility, the Planning Board shall issue its determination as to visual compatibility within a period of not more than 62 calendar days and may in the interim consult with the Conservation Advisory Council and other persons and agencies in review of the application and at its discretion conduct a public hearing.

A complete application shall include the following:

[i]

Application form executed by the owners of the property and with any required ministerial attachments as prescribed by the Planning Board;

[ii]

Existing condition photographs of the site and views of the site from public roadways and/or other public lands;

[iii]

A site plan depicting the location of all grading and/or vegetative clearing, and, as pertinent to the proposed undertaking, proposed improvements including buildings, driveways and sanitary sewage disposal areas;

[iv]

Exterior architectural elevations, including information on colors, textures and materials for siding, roofing and other principal features; and

[v]

Exterior lighting plan, including location, type and intensity of fixtures.

The Planning Board shall be guided by the following principles in its disposition of the application:

The Planning Board shall find that, to the extent practicable, all structures to be built and related improvements to be installed on a tract of land that includes land within a mapped scenic area have been sited and clustered so as to diminish to the extent practicable the geographic area modified and to cause the structures and improvements to blend through their proposed location and employ of colors and textures with the natural setting of the scenic area. In particular, structures and other improvements, as may be pertinent, should be determined to not detract through their visible mass, their color and lighting, their location within open meadow areas or their protrusion above ridgelines and other landform backdrops from the scenic character of the area. The Planning Board may recommend, in its findings, the execution of a conservation easement or similar legal mechanism to assure protection of the scenic area upon completion of the structures and related improvements.

In the circumstance of applications for subdivision plat approval under Chapter 192, Subdivision of Land, the Planning Board shall encourage, insofar as practical, employ of conservation subdivision, cluster subdivision and related techniques such as requirement for, or voluntary grant of, conservation easement to ensure continuing protection of the scenic area.

Important farmlands. It is in the overall public interest of the Town of Union Vale to protect the best agricultural lands from development in order to both maintain their availability for productive use and their contribution to the rural, open space and aesthetic qualities of the community. The Town, therefore, seeks to channel development away from such farmland and to permit sufficient flexibility in its zoning to maintain agriculture as a viable industry in the Town.

The regulated farmland overlay area as referenced on the aforementioned Environmental Resource Overlay (ER-O) District Map consists of both of the following:

Those farmlands designated as "prime farmland" (Classes I and II) by the Soil Conservation Service of the United States Department of Agriculture (USDA) and which have been determined by the Town Board through their inclusion within the aforementioned Environmental Resource Overlay (ER-O) District to be of special significance to the Town, with it noted that a copy of the latest edition of said USDA Soils Map and a listing of those soil types considered either Class I or II is currently on file and shall be so maintained in the office of the Town Clerk.

All other lands included within Dutchess County Certified Agricultural District No. 23, with it noted that a copy of the latest edition of said Agricultural District Map as approved by both the Dutchess County Legislature and the New York State Department of Agriculture and Markets is currently on file and shall be so maintained in the office of the Town Clerk.

In accordance with its authority to mandate conservation subdivision or residential cluster development in its consideration of any application for subdivision under Chapter 192, Subdivision of Land, the Planning Board shall require an applicant for subdivision to cluster lots and install related subdivision improvements, insofar as practical, on those portions of a tract lying outside the regulated farmland overlay area.

In consideration of any other application for special use permit or site plan approval, the Planning Board shall similarly require that structures and related site improvements, including all impermeable surfaces, be located, insofar as practical, on those portions of a tract lying outside the regulated farmland overlay area.

§ 210-49 Development within Scenic Corridor Overlay (SC-O) District.

[Amended 1-18-2023 by L.L. No. 1-2023]

In addition to the role of the Environmental Resource Overlay (ER-O) District set forth in prior § 210-48 in protecting certain scenic and historic areas and other significant environmental resources, the Town recognizes the need to extend particular concern to those lands that lie immediately adjacent to the Town's scenic roadways. The view experienced from these roadways contributes significantly to the overall rural character of the Town, an attribute the community seeks to preserve and enhance while accommodating growth and change.

In furtherance of this objective, Article II, § 210-5, of this chapter established the Scenic Corridor Overlay (SC-O) District comprised of the lands adjacent to those scenic roadways that may be designated by either the Town Board pursuant to Chapter 183, Scenic and Rural Roads, or other authority, including but not limited to the New York State Department of Environmental Conservation (NYSDEC), in which SC-O District the additional regulations set forth in this section supplement, but do not replace, either the use and/or area and bulk regulations otherwise applicable to the underlying zoning district or as may be in effect due to the presence of certain lands within either the Flood-Fringe Overlay (FF-O) or Environmental Resource Overlay (ER-O) Districts.

The minimum front yard, i.e., front setback requirement, set forth for the applicable zoning district in Article IV, District Schedule of Area and Bulk Regulations, shall be doubled, i.e., increased by 100% for all structures and parking areas located within the Scenic Corridor Overlay (SC-O) District.

The open space defined by the required front yard should be managed in a way that preserves significant existing vegetation, specimen plants, landforms and water features; nurtures tree planting and other natural landscaping efforts; preserves stone walls and similar features; preserve agricultural fields and meadows; and ensures both the protection of visual buffers and the prominence of key scenic vistas, including views of historic properties and landscapes.

Any necessary intrusions within the open space area shall be reduced to the extent practicable by such measures as the employ of common driveways and shared utility services for building sites that may gain access from the scenic roadway.

As stated in the aforementioned Article II, § 210-5, of this chapter, clustering or conservation subdivision development shall be the preferred residential land development technique for lands adjacent to or affecting the overall character of a designated scenic roadway.

As an alternative to the doubling of the required front setback on a site-specific basis, including in situations of existing noncomplying or irregularly shaped lots where doubling of the front setback might create practical difficulty in the reasonable development of the site, the front setback otherwise applicable in the zoning district may govern, provided that:

All structures and/or parking are effectively screened on a year-round basis by existing landform and/or vegetation or by substantial new planting and berming from the public right-of-way, provided that such treatment does not diminish the prominence of key scenic areas including views of historic properties and landscapes.

A conservation easement satisfactory to the Planning Board is granted by the landowner to the Town of Union Vale or similarly qualified entity to ensure that the screening will be properly maintained and managed or a similarly binding mechanism provided.

§ 210-50 Commercial extraction.

The Town of Union Vale recognizes that the wise use of sand, gravel, topsoil, rock and other natural mineral resources is necessary and beneficial to the economy of the Town and its neighboring communities. To ensure the compatibility of commercial extraction uses and activities with neighboring land uses and to promote and ensure the proper operation of these areas, including the timely and progressive restoration of extraction sites upon extraction use and activity, the Town has classified "extractive operation, including soil mining" as a special permit use within certain zoning districts, as set forth on the District Schedule of Use Regulations, found at Article III, § 210-10, of this chapter.

§ 210-51 Communication (personal wireless service) facilities and towers.

[Amended 1-18-2023 by L.L. No. 1-2023]

Objectives. The Town of Union Vale declares it a vital public purpose to control the location, design, installation and operation of communication (personal wireless service) facilities and towers to the extent necessary to carry out the following objectives:

To preserve the character and appearance of the Town while simultaneously allowing adequate personal wireless service to be developed.

To protect the scenic, historic, environmental, and natural and man-made resources of the community.

To provide standards and requirements for regulation, placement, construction, monitoring, design, modification and removal of communication (personal wireless service) facilities and towers.

To provide a procedural basis for action within a reasonable period of time on requests for authorization to place, construct, operate or modify communication (personal wireless service) facilities.

To preserve property values.

To minimize the total number and height of communication (personal wireless service) towers throughout the community.

To locate communication (personal wireless service) towers so that they do not have negative impacts on the general safety, welfare and quality of life within the community, such as but not limited to attractive nuisance, noise and threat of falling objects.

To require owners of communication (personal wireless service) towers and other facilities to configure them so as to minimize and mitigate the adverse visual impact of the towers and facilities.

To require communication tower sharing and clustering of personal wireless service facilities where possible.

Consistency with federal law. The Town of Union Vale further deems it essential to affect such control, including the regulations prescribed, in a manner consistent with pertinent Federal law, i.e., the Telecommunications Act of 1996 ("The Act"), specifically providing that:

The regulations do not prohibit or have the effect of prohibiting the provision of personal wireless services.

The provisions are not to be used to unreasonably discriminate among providers of functionally equivalent services.

The provision does not regulate personal wireless services on the basis of the environmental effects of radio frequency emissions to the extent that the regulated services and facilities comply with the FCC's regulations concerning such emissions.

Exclusions. In consideration of the above-stated objectives, the Town of Union Vale deems based upon their limited scale and use that the following communication devices shall not be construed to be communication (personal wireless service) facilities or towers for purposes of these regulations:

Receive-only antennas and satellite dishes maintained for residential use.

Any other building-mounted antennas less than 15 feet in height, no part of which exceeds 12 feet in diameter.

In consideration of the above-stated objectives and principles for consistency with federal law and subject to the aforementioned exclusions, no person shall erect, construct or otherwise install a communication (personal wireless service) facility or tower within the Town of Union Vale or cause the major modification of an existing communication facility or tower within the Town of Union Vale, including the addition of a greater number or larger replacement dishes or other equipment except as specifically authorized under an existing special use permit, without first obtaining a special permit from the Planning Board in accordance with the following requirements of this chapter:

The definitions established in Article XII, § 210-86B.

The District Schedule of Use Regulations established pursuant to Article III, § 210-10.

The special permit application procedure and administrative provisions set forth for all special permit uses in Article VI, §§ 210-59 and 210-60, respectively.

The general standards for all special permit uses set forth in Article VI, § 210-55.

The additional specific standards and requirements for communication (personal wireless service) facilities and towers set forth in Article VI, § 210-57.

A communication facility or tower shall be co-located with other existing communication facilities or towers, or on existing structures to serve a specific service area unless such area is a) not yet served by an existing communication tower, or b) the applicant provides proof, during the application process why co-location is not technically feasible.

When a communication (personal wireless service) facility or tower is proposed within any district on lands owned by the Town of Union Vale, the Town Board shall be the reviewing and permitting agency for the special use permit and site plan in accordance with the requirements of this chapter pursuant to § 210-51D, above.

§ 210-52 Adult uses and related activities. [1]

The Town of Union Vale licenses and regulates adult uses, as defined in Article XII, § 210-86A, of this chapter, and related activities pursuant to Chapter 84, Adult Uses, of the Code of the Town of Union Vale, as adopted on May 11, 2000, and as may be from time-to-time amended. Any use otherwise authorized under this chapter in accordance with the District Schedule of Use Regulations set forth at Article III, § 210-10, herein shall in addition to the provisions of this chapter be subject without exception to the provisions of the aforementioned Chapter 84, Adult Uses.

Editor's Note: See also Ch. 84, Adult Uses.

Union Vale City Zoning Code

ARTICLE V

Supplementary Regulations

§ 210-23 Applicability.

The Supplementary Regulations set forth in this article are applicable to all uses and zoning districts within the Town of Union Vale unless otherwise specifically provided herein.

§ 210-24 General performance standards.

[Amended 3-11-2010 by L.L. No. 12-2010; 1-18-2023 by L.L. No. 1-2023]

Noise.

Sixty decibels on the A-weighted scale (60 dbA) between the hours of 7:00 a.m. and 8:00 p.m.

Fifty decibels on the A-weighted scale (50 dbA) between the hours of 8:00 p.m. and 7:00 a.m.

The above limitations shall, however, not be applicable to the following uses and activities:

Temporary construction noises between the hours of 7:00 a.m. and 8:00 p.m.

Transient noises of moving sources such as automobiles, trucks and aircraft.

Noise from safety signals, warning devices and emergency pressure relief valves.

The sound of bells or chimes from a church.

Noises generated by either agricultural and farm activities or the normal maintenance of residential, business and other properties.

Particulate matter. No person, firm or corporation shall permit the emission of any particulate matter, from any source whatsoever, in excess of applicable state and federal regulations.

Glare and heat.

The edge of the shield is below the light source.

Direct rays from the light source are confined to within the property boundaries.

Direct rays from the light source are prevented from escaping to the sky.

Vibration. No activity shall cause or create a steady state or impact vibration discernible at any lot line.

Design Standards for TC District. All development within the TC District shall meet all design standards of Chapter 210 including those in Attachment 3.[1]

Editor's Note: Attachment 3 is included as an attachment to this chapter.

§ 210-25 Off-street parking and loading standards.

[Amended 10-9-2003 by L.L. No. 5-2003; 3-11-2010 by L.L. No. 12-2010; 1-18-2023 by L.L. No. 1-2023]

Required number of off-street parking spaces.

Residential uses:

For a single-family dwelling: two spaces.

For a two-family dwelling: four spaces.

For a multifamily dwelling: two spaces per dwelling unit.

For a boarding or rooming house: one space per guest room plus required space for other dwelling unit(s) on premises.

For an accessory dwelling: two spaces per dwelling unit.

For a home occupation: one space per 250 square feet of such use, if customers or clients routinely visit use, plus one space per outside employee.

For a bed-and-breakfast establishment: one space per guest room plus required spaces for other dwelling unit(s) on premises.

For a family or group family day care home: one space per three children enrolled in excess of three plus required spaces for other dwelling unit(s) on premises.

Institutional and community service uses:

For schools and other educational institutions: one space per 12 classroom seats or the auditorium requirement as specified above, whichever is greater.

For a nursery school or child day-care center: one space per three children enrolled at peak hour.

For a museum, library or other cultural facility: one space per 250 square feet of gross floor area.

For a membership club or similar use: either one space for each 200 square feet of gross floor area or one space for each three seats in dining and/or bar area, whichever is greater.

For a nursing home or similar use: one space for each four beds computed on the basis of maximum capacity of the structure.

Recreational uses:

For a bowling alley, golf course, tennis club, billiard hall, or similar use: four spaces per alley, tee, court, table or similar measure.

Business and commercial uses:

For a personal service use or establishment, one space for each 150 square feet of gross floor area.

For a medical clinic and related professional health service offices: four spaces per professional.

For a funeral home or similar establishment, one space per four seats or 80 square feet of public viewing area.

For a hotel, motel or similar establishment: one space per guest room.

For an automobile service facility or similar use: at least 10 spaces.

For an automobile sales facility, equipment rental or sales yard, or similar use: one space for each 3,000 square feet of land area devoted to the use.

Light industrial uses:

Design standards for off-street parking spaces and related accessways.

Editor's Note: Attachment 3 is included as an attachment to this chapter.

Required off-street parking spaces shall be provided on the same lot with the building or use to which such spaces are incidental, or nor more than 300 feet therefrom.

Parallel curb parking: End to end measurement of 24 feet with twelve-foot aisle width for one-directional flow and twenty-four-foot aisle width for two-directional flow.

Thirty-degree parking: thirteen-foot aisle width for one-directional flow and twenty-six-foot aisle width for two-directional flow.

Forty-five-degree parking: sixteen-foot aisle width for one-directional flow and twenty-six-foot aisle width for two-directional flow.

Sixty-degree parking: twenty-one-foot aisle width for one-directional flow and twenty-six-foot aisle width for two-directional flow.

Perpendicular parking: twenty-six-foot aisle width for either one-directional or two-directional flow.

Any parking lot for any use in any district shall be set back 100 feet from any wetland and water body.

§ 210-25.1 Residential driveways.

[Added 3-11-2010 by L.L. No. 12-2010]

§ 210-26 Sign standards.

No sign shall be erected, replaced, altered, relocated or maintained in any zoning district within the Town of Union Vale except in accordance with the provisions stated herein.

General standards. Any sign or signs, whether permitted, temporary or directional, shall conform to the following general standards:

Shall present a visual message in a clear and precise manner.

Shall to the extent practicable be wood in material and, where freestanding, enhanced through the incorporation of stone and plantings in the design and setting of the sign.

Shall at all times be maintained in a proper state of repair in full compliance with building code, electrical code, and other applicable property maintenance standards.

Shall not attempt or appear to regulate, warn or direct highway traffic or to either imitate or resemble official traffic signs, signals or devices.

Shall not project over property lines or be located within the public right-of-way.

Shall not be roof-mounted or otherwise mounted on a building so as to extend in whole or in part above the wall of the building to which it is attached.

Shall not rotate or otherwise move.

Shall not be illuminated by or contain flashing, intermittent, rotating or moving light or lights.

Shall not be internally illuminated, nor contain luminous material, sequin-studded lettering or lettering with fluorescent paint.

If freestanding, shall not exceed six feet in height in any residential district or 10 feet in height in any commercial district nor be located closer than 20 feet to any property line.

If suspended or projecting, shall not exceed 11 feet in height and shall provide a minimum clearance of eight feet above any sidewalk or other pedestrian way.

With the exception of temporary signs discussed below in § 210-26C shall be permanently and directly affixed to the ground, a building, a wall or a sign structure, and may not be a portable sign.

Permitted temporary signs. The following temporary signs are permitted in any zoning district without application for and issuance of a permit.

Nonilluminated window advertising signs which occupy no more than 10% of the total window area of the principal facade or facades of the business, service or commercial establishment.

Nonresidential uses in the Neighborhood Commercial (NC), Town Center (TC) and Airport (A) Districts.

Multiuse premises.

Within a multiuse premises, one of the following types and dimension of identity signs may be associated with each business:

A six-square-foot hanging sign.

A sign not exceeding six square feet incorporated on an awning.

A sign not exceeding six square feet mounted on the wall or permanently mounted/painted on a window provided such window sign does not exceed 20% of the square foot surface area of the window.

No directional sign may be installed on private property except by or with the specific written consent of the owner thereof.

§ 210-27 Fences and walls within required yards.

[Amended 3-11-2010 by L.L. No. 12-2010; 1-18-2023 by L.L. No. 1-2023]

No fence shall be erected or replaced and subsequently maintained within a required yard in any zoning district within the Town of Union Vale except in accordance with the provisions stated herein:

§ 210-28 Excavation as part of site preparation.

§ 210-29 Development near streams, wetlands and water bodies.

Special permit review.

§ 210-30 Development within the Flood-Fringe Overlay (FF-O) District.

§ 210-31 Home occupations.

[Amended 1-18-2023 by L.L. No. 1-2023]

In any zoning district, home occupations, as defined in Article XII, § 210-86A, of this chapter, shall additionally conform to the following use limitations:

Restrictions; classifications.

There shall be permitted no sharing, letting or subletting of space for use by others in the conduct of their profession, trade or business.

In no case shall a home occupation be open to the public earlier than 8:00 a.m. or later than 9:00 p.m.

Ambulance, limousine or other transportation service.

Automobile-related businesses, including repair, painting, parts, sales, detailing or washing services.

Beauty shops and barber shops with more than one chair.

Churches and other places of public assembly.

Restaurants and taverns.

Catering services.

Any facility, regardless of how named, providing day-care services for more than six children who are not residents of the dwelling.

Convalescent homes.

Group band instrument instruction.

Commercial servicing of construction equipment, including but not limited to backhoes, bulldozers and trucks.

Septage pumping and other scavenger services.

§ 210-32 Conservation subdivision.

[Amended 3-11-2010 by L.L. No. 12-2010; 1-18-2023 by L.L. No. 1-2023]

Provide greater design flexibility and efficiency in the siting of structures, services and infrastructure, including the opportunity to reduce length of roads and the amount of paving required.

Provide for a diversity of lot sizes and housing choices to accommodate a variety of age and income groups to improve housing opportunities for all.

Create residential opportunities with direct visual or physical access to preserved lands that is consistent with the rural character of Union Vale.

Applicability of conservation subdivision.

Editor's Note: The District Schedule of Use Regulations/Commercial Districts is included as an attachment to this chapter.

Conservation subdivision sketch plan.

The subdivision boundaries and the owners of all contiguous properties.

The zoning classification, including designation of any overlay district, critical environmental area as may exist, and Tax Map number(s) of the property to be subdivided.

The total acreage of the subdivision and the proposed number and locations of lots.

All existing streets, either mapped or built, adjacent to the tract.

All existing restrictions on the use of land, including easements and covenants, if any.

Conservation subdivision site analysis.

Areas where the slope exceeds 25%.

Sites where community sewer, community water, or community water and sewer are available or planned, if any.

Lands within, or contiguous to, a Critical Environmental Area designated pursuant to Article 8 of the New York State Environmental Conservation Law, if any.

Lands contiguous to publicly owned or designated open space areas, or privately preserved open spaces, if any.

Sites in, or bordering on, known scenic locations identified in the Town's Comprehensive Plan, or Natural Resources Inventory and whether the site is within any Town-designated overlay district.

Lakes, ponds or other significant recreational areas, or sites designated as such in the Town's Comprehensive Plan and Natural Resource Inventory, if any.

(l)

(m)

Location of all existing streets, roads, buildings, utilities and other man-made improvements.

(n)

All easements and other encumbrances of property which are or have been filed of record with the Dutchess County Clerk's Office.

(o)

Identification of any other established overlay district covering the parcel.

Conservation subdivision design standards.

Lot layout and design.

There shall be a 100' side and rear setback between any new dwelling unit within a conservation subdivision and the original parcel's property line when adjacent to any residential district.

Step 1. Delineate Open Space Areas. Proposed open space areas shall be designated as follows:

Primary Conservation Areas shall be delineated and designated on a map.

Step 4. Draw lot lines. Upon completion of the preceding steps, lot lines are then drawn as required to delineate the boundaries of individual residential lots.

Site design criteria.

So that the boundaries between new house lots and adjacent lots are well buffered by vegetation, topography, roads or other barriers.

On suitable soils for subsurface sewage disposal (where applicable).

At the edge of open fields adjacent to any woodland, to enable new residential development to be visually absorbed by the natural landscape and to limit fragmentation of habitats.

Around and so as to preserve sites of historic, archeological or cultural value insofar as needed to safeguard the character of the feature.

Open space standards:

A minimum of 50% of the parcel shall be preserved as open space land.

Active agricultural land may be used to meet the minimum required open space land.

A portion of the required open space may be used for community septic systems provided no sensitive environmental features are disturbed.

Stormwater management ponds or basins and lands within the rights-of-way for underground utilities may not be included as part of the minimum required open space.

Open space shall be directly accessible or viewable from as many home sites as possible.

Streets, driveways, sidewalks and trails.

Common driveway access may be provided for.

One of the following is required to permanently protect the designated open space:

The conveyance contains appropriate provisions for proper reverting or retransfer in the event that the conservation organization becomes unwilling or unable to continue carrying out its functions.

Such deed restriction(s) shall be noted on all approved, filed plats.

Ownership of conserved lands:

Membership in the HOA must be mandatory for each property owner within the subdivision and for any successive property owners in title.

The association shall have adequate resources to administer, maintain, and operate such common facilities.

Maintenance standards.

BUILDING-INTEGRATED PHOTOVOLTAIC (BIPV)

§ 210-33 Water supply and sewage disposal requirements.

§ 210-34 Sanitary disposal areas and facilities.

§ 210-35 Swimming pools.

[Amended 1-8-2004 by L.L. No. 1-2004]

§ 210-36 Solar and wind energy systems.

[Amended 3-11-2010 by L.L. No. 12-2010; 10-6-2016 by L.L. No. 3-2016; 1-18-2023 by L.L. No. 1-2023]

Definitions. As used in this section, the following terms shall have the meanings indicated:

GROUND-MOUNTED SYSTEM

An accessory solar energy system exceeding 100 square feet that is anchored to the ground and attached to a pole or similar mounting system, detached from any other structure.

LARGE-SCALE SYSTEM

Solar energy systems located on land to convert solar energy into electricity for off-site energy consumption.

ROOF-MOUNTED SYSTEM

An accessory solar energy system located on a roof of a principal or accessory structure.

SOLAR ENERGY EQUIPMENT

Energy storage devices, material, hardware, or electrical equipment and conduit associated with the production of electrical energy.

SOLAR ENERGY SYSTEM

An electrical generating system composed of a combination of both solar panels and solar energy equipment.

SOLAR PANEL

A device capable of collecting and converting solar energy into electrical energy.

Roof-mounted solar systems.

Setback. Solar energy systems are subject to the setback requirements of the underlying zoning district.

Aesthetics. Solar installations shall incorporate the following design requirements:

Panels facing the front yard must be mounted at the same angle as the roof's surface with a maximum distance of 18 inches between the roof and highest edge of the system.

Solar panels affixed to a flat roof shall be placed below the line of sight from a public right-of-way.

Ground-mounted solar systems (residential).

Ground-mounted solar energy systems are permitted as an accessory use in residential zoning districts, subject to the requirements set forth in § 210-56B(10).

Ground-mounted solar systems (commercial).

Ground-mounted solar energy systems are permitted as an accessory use in commercial zoning districts, except the TC District, subject to the requirements set forth in § 210-56G(6).

General requirements for roof-mounted solar systems and ground-mounted solar systems:

Prior to issuance of a building permit, blueprints signed by a professional engineer or registered architect of the solar installation showing the layout of the system shall be required.

The equipment specification sheets shall be documented and submitted for all photovoltaic panels, significant components, mounting systems, and inverters that are to be installed.

A sign shall be installed on the utility meter and any alternating current (AC) disconnect switch indicating that there is an operating solar electric cogenerating system on site.

Verification of utility notification. Foreseeable infrastructure upgrades shall be documented and submitted. Off-grid systems are exempt from this requirement.

The name, address, and contact information of the applicant, property owner(s), and agent submitting the proposed project shall be required.

Site plan approval is required.

Blueprints signed by a professional engineer or registered architect of the solar installation showing the layout of the system shall be required.

The equipment specification sheets shall be documented and submitted for all photovoltaic panels, significant components, mounting systems, and inverters that are to be installed.

Property operation and maintenance plan. A property operation and maintenance plan is required, describing continuing photovoltaic maintenance and property upkeep, such as mowing, trimming, etc.

Height restrictions. The maximum height for ground-mounted solar systems shall not exceed 15 feet in height above the ground.

Roadways within the site shall not be constructed of impervious materials and shall be designed to minimize the extent of roadways constructed and soil compaction.

(14)

All on-site utility and transmission lines shall, to the extent feasible, be placed underground.

(15)

(16)

All mechanical equipment of a large-scale solar system, including any structure for batteries or storage cells, shall be completely enclosed by a minimum six-foot-high fence with a self-locking gate.

Abandonment.

Removal of above- and below-ground equipment, structures and foundations.

Restoration of the surface grade and soil after removal of equipment.

Revegetation of restored soil areas with native seed mixes, excluding any invasive species.

The plan shall include a time frame for the completion of site restoration work.

Roof-mounted solar panels and BIPV systems are permitted by right on accessory structures that do not contribute to the historic significance of the site.

Solar panels shall not alter an historic site's character-defining features or be placed within view of a public right-of-way.

All modifications to an historic site must be entirely reversible, allowing alterations to be removed or undone to reveal the original appearance of the site.

Exposed solar energy equipment must be consistent with the color scheme of the underlying structure.

Solar panels shall be placed flush to the roof's surface to reduce their visual impact.

BIPV systems shall take into account existing design elements which complement the styles and materials of the building.

Setback, height, and lot coverage.

Setback. Ground-mounted solar panels are subject to setback requirements of the underlying zoning district.

Height. Solar panels are restricted to a height of 12 feet.

Lot coverage. The surface area of ground-mounted solar panels shall be included in lot coverage and impervious surface calculations.

Solar panels shall be placed on new construction or additions, if present.

Ground-mounted systems shall be screened from the public right-of-way by fencing or vegetation of suitable scale for the district and setting.

§ 210-37 Landscape standards for parking lots and screening and buffer areas.

[Amended 1-18-2023 by L.L. No. 1-2023]

Provide natural visual screening of parking areas and along property boundaries to preserve the existing visual quality of adjacent lands.

Reduce surface storm water runoff and minimize soil erosion through the natural filtering capability of landscaped areas.

Provide natural buffers that provide suitable habitat for wildlife and reduce noise and glare.

Moderate the microclimate of parking areas by providing shade, absorbing reflected heat from paved surfaces and creating natural windbreaks.

Enhance the overall visual quality of new development by providing a variety of indigenous plant materials that are consistent and compatible with the existing natural vegetation of the area.

Design standards.

Parking lots.

All requirements of § 210-25 shall be met for all off-street parking and loading areas.

Screening and buffer areas.

§ 210-38 Required screening for nonresidential uses.

[Amended 1-18-2023 by L.L. No. 1-2023]

§ 210-39 Agriculture.

No fur-bearing animals shall be kept or cage-type poultry operations maintained on a nonfarm parcel in any zoning district.

No horse, cow, hog, beef cattle, sheep, goat or other large farm animal shall be kept on a nonfarm parcel of less than five acres in any zoning district.

[Added 3-11-2010 by L.L. No. 12-2010]

§ 210-40 Keeping of farm animals on nonfarm parcels.

In any zoning district where agricultural uses are permitted, the keeping of fowl and farm animals on nonfarm parcels of at least five acres but less than 15 acres shall be limited as follows:

§ 210-41 Roadside stands.

The total floor area of the roadside stand shall not exceed 40 square feet.

The roadside stand is located a minimum of 20 feet from any street or highway right-of-way line.

§ 210-42 Farms, farm operations and related uses. [1]

[Amended 3-11-2010 by L.L. No. 12-2010; 1-18-2023 by L.L. No. 1-2023]

The conduct of agriculture, as defined in the aforementioned § 210-86A of this chapter.

The production of farm products, as defined in the aforementioned § 210-86A of this chapter.

The retail sale of farm products at a roadside stand as set forth in above § 210-41 of this article and limited to the extent provided therein.

The maintenance of a farm operation, as defined in the aforementioned § 210-86A of this chapter.

The housing may consist of the following housing types: single-family dwellings, including mobile homes; two-family dwellings and multiple dwellings.

The housing shall comply with the following requirements:

The housing shall be supported by adequate water supply and sewage disposal facilities in accordance with the standards of the Dutchess County Health Department.

The farm industry shall be conducted through the primary use of buildings, equipment and other facilities integral to the farm operation.

The farm industry shall be operated by the farm owner and involve as outside employees only those otherwise engaged in the agricultural operation to which the farm industry is subordinate.

Permitted farm industry uses.

Welding.

Agricultural machinery repair.

Woodworking.

Tack and harness repair, horseshoeing and blacksmith work.

Dressing of game.

Firewood preparation and sales.

Processing of locally produced agricultural products.

Veterinarian's office and/or animal hospital.

Marine, recreational vehicle, classic automobile and related seasonal storage.

Timber harvesting; commercial logging.

Excavation.

Landscaping.

Grounds maintenance.

Animal breeding.

The proposed conditions sketch shall be accompanied by a sketch depicting any proposed buildings or structures, including their exterior dimensions and elevations of their front, side and rear views.

Editor's Note: See also Ch. 124, Farming.

§ 210-43 Outdoor storage and parking of commercial vehicles on residential lots.

§ 210-44 Antennas.

Communication towers and pole-mounted or ground-mounted antennas shall be permitted for nonprofit, noncommercial purposes in all zoning districts, provided that:

Furthermore, no such ground- or pole-mounted dish antenna shall encroach upon the minimum required front yard specified by the District Schedule of Area and Bulk Regulations for the zoning district.

No ground-mounted dish antenna shall exceed 12 feet in diameter or 15 feet height measured from its highest point to the ground elevation at its base.

Any ground- or pole-mounted antenna shall be:

Properly anchored, adequately grounded and connected to its receiver by underground wiring.

§ 210-45 Temporary buildings and uses.

[Amended 1-18-2023 by L.L. No. 1-2023]

No such sale shall last longer than three consecutive calendar days.

No premises shall be the location of more than two such sales within one calendar year.

No goods purchased for resale may be offered for sale.

No consignment goods may be offered for sale.

No directional or advertising sign associated with the sale shall exceed four square feet in area.

No directional or advertising sign shall be displayed more than 24 hours prior to the sale, and each such sign shall be removed immediately upon completion of the sale.

§ 210-46 Development within the Hamlet (H) District.

Any alteration of, or addition to, an existing structure shall respect the inherent integrity of the structure and the prevailing architectural character of the Hamlet District.

All new structures or additions to existing structures shall be architecturally compatible with the existing structures.

§ 210-47 Development within Airport (A) District and Airport Overlay (A-O) District.

[Amended 1-18-2023 by L.L. No. 1-2023]

Purposes. Regulations and other special requirements pertaining to the Airport (A) and Airport-Overlay Districts have been established so as to balance the following purposes:

Authorized uses. In accordance with the aforesaid purposes, the following uses are authorized within the Airport District:

As accessory uses, each of which uses shall be subject to site plan approval in accordance with the procedure and standards set forth within Article VII of this chapter:

As accessory uses directly related to and on the same parcel as the principal permitted airport use:

Parking and loading area.

Emergency services facilities.

Aircraft tie-downs.

Aircraft hangars for the storage of a single aircraft, typically a T-hangar.

Fuel storage and sales exclusively in support of airport activity.

Administrative office in support of airport operations.

Airport maintenance shop facilities.

Coffee shop or similar food service establishment, not to exceed seating for 20 persons.

Retail shop for aviation-related supplies, accessories and gifts, not to exceed 1,000 square feet of gross building floor area.

Pilot's lounge, locker room and related facilities, not to include overnight lodging.

Signage.

On-site utility services.

[13]

Communications facilities essential to airport operations.

[14]

Satellite dish antennas.

As accessory uses directly related to and on the same parcel as any other principal permitted use within the Airport District:

Parking and loading facilities.

Aircraft tie-downs.

Signage.

On-site utility services.

Satellite dish antennas.

Aircraft hangars designed to accommodate more than a single aircraft.

Aviation schools and flight and ground instruction.

Airplane rental and sales.

Airplane maintenance and repair shop facilities.

Office and research buildings occupied principally in support of other Airport District uses, not to exceed 10,000 square feet in gross building floor area.

Restaurant, not to exceed seating for 50 persons and with direct access to airport facilities.

Required setback for airport district uses from residentially zoned lands.

Outdoor storage areas. Any outdoor storage area within the Airport District shall comply with each of the following criteria:

The outdoor storage area shall at all times be confined to the specific lot or parcel area delineated for such purpose on a site plan approved by the Town Planning Board.

The outdoor storage area, including related screening, shall be continuously maintained in a neat and orderly manner.

The outdoor storage area shall house only those types of parts, equipment or other material set forth in the certificate of occupancy.

Effect of designation as open development area.

Design criteria shall be as follows:

Minimum right-of-way (ROW) or easement width of 45 feet.

Minimum cartway width of 22 feet.

Minimum stabilized shoulder width of three feet.

Minimum foundation course of 12 inches of mechanically compacted gravel.

Minimum surface of three inches of asphalt concrete base and two inches of asphalt concrete wearing surface.

Application of minimum lot area requirements.

The intended purpose of each of the lots.

The level of supporting infrastructure either proposed or required pursuant to Occupational Safety and Health Administration (OSHA), Health Department or other regulations.

Conformance to minimum requirements of the New York State Uniform Fire Prevention and Building Code.

[d]

The relationship of the affected land area to other lots or improvements as either simultaneously proposed by the landowner or otherwise described on the master plan for Sky Acres Airport.

§ 210-48 Development within Environmental Resource Overlay (ER-O) District.

[Amended 3-11-2010 by L.L. No. 12-2010; 1-18-2023 by L.L. No. 1-2023]

Regulated wetlands under this chapter consist of the following:

Regulated streams under this chapter consist of the following:

Any other streams that may upon recommendation of the Conservation Advisory Council be designated as regulated streams for purposes of this chapter by the Town Board.

Boundaries; buffers.

The disposal, storage or treatment of hazardous and solid waste material, not to be construed as the maintenance of a composting pile accessory to a residence or other use.

Outdoor storage of any materials that, in the opinion of the Code Enforcement Officer, could contaminate groundwater resources.

Gasoline stations.

Cemeteries.

The cooking, distillation, processing and incineration of animal or vegetable products.

The production of corrosive and noxious chemicals.

The production, processing and storage of coal, coal tar, petroleum and asphalt products.

All underground tanks shall be double-hulled steel or fiberglass encased in a concrete vault that includes access for periodic visual inspection.

Special use permits.

Site plan approval.

The Planning Board shall be guided by the following principle in its disposition of the application:

Certificate of visual compatibility.

A complete application shall include the following:

[i]

Application form executed by the owners of the property and with any required ministerial attachments as prescribed by the Planning Board;

[ii]

Existing condition photographs of the site and views of the site from public roadways and/or other public lands;

[iii]

[iv]

Exterior architectural elevations, including information on colors, textures and materials for siding, roofing and other principal features; and

[v]

Exterior lighting plan, including location, type and intensity of fixtures.

The Planning Board shall be guided by the following principles in its disposition of the application:

The regulated farmland overlay area as referenced on the aforementioned Environmental Resource Overlay (ER-O) District Map consists of both of the following:

§ 210-49 Development within Scenic Corridor Overlay (SC-O) District.

[Amended 1-18-2023 by L.L. No. 1-2023]

§ 210-50 Commercial extraction.

§ 210-51 Communication (personal wireless service) facilities and towers.

[Amended 1-18-2023 by L.L. No. 1-2023]

To preserve the character and appearance of the Town while simultaneously allowing adequate personal wireless service to be developed.

To protect the scenic, historic, environmental, and natural and man-made resources of the community.

To provide standards and requirements for regulation, placement, construction, monitoring, design, modification and removal of communication (personal wireless service) facilities and towers.

To provide a procedural basis for action within a reasonable period of time on requests for authorization to place, construct, operate or modify communication (personal wireless service) facilities.

To preserve property values.

To minimize the total number and height of communication (personal wireless service) towers throughout the community.

To require owners of communication (personal wireless service) towers and other facilities to configure them so as to minimize and mitigate the adverse visual impact of the towers and facilities.

To require communication tower sharing and clustering of personal wireless service facilities where possible.

The regulations do not prohibit or have the effect of prohibiting the provision of personal wireless services.

The provisions are not to be used to unreasonably discriminate among providers of functionally equivalent services.

Receive-only antennas and satellite dishes maintained for residential use.

Any other building-mounted antennas less than 15 feet in height, no part of which exceeds 12 feet in diameter.

The definitions established in Article XII, § 210-86B.

The District Schedule of Use Regulations established pursuant to Article III, § 210-10.

The special permit application procedure and administrative provisions set forth for all special permit uses in Article VI, §§ 210-59 and 210-60, respectively.

The general standards for all special permit uses set forth in Article VI, § 210-55.

The additional specific standards and requirements for communication (personal wireless service) facilities and towers set forth in Article VI, § 210-57.

§ 210-52 Adult uses and related activities. [1]

Editor's Note: See also Ch. 84, Adult Uses.

Union Vale City Zoning Code

ARTICLE V

Supplementary Regulations

§ 210-23 Applicability.

The Supplementary Regulations set forth in this article are applicable to all uses and zoning districts within the Town of Union Vale unless otherwise specifically provided herein.

§ 210-24 General performance standards.

[Amended 3-11-2010 by L.L. No. 12-2010; 1-18-2023 by L.L. No. 1-2023]

Noise.

Sixty decibels on the A-weighted scale (60 dbA) between the hours of 7:00 a.m. and 8:00 p.m.

Fifty decibels on the A-weighted scale (50 dbA) between the hours of 8:00 p.m. and 7:00 a.m.

The above limitations shall, however, not be applicable to the following uses and activities:

Temporary construction noises between the hours of 7:00 a.m. and 8:00 p.m.

Transient noises of moving sources such as automobiles, trucks and aircraft.

Noise from safety signals, warning devices and emergency pressure relief valves.

The sound of bells or chimes from a church.

Noises generated by either agricultural and farm activities or the normal maintenance of residential, business and other properties.

Particulate matter. No person, firm or corporation shall permit the emission of any particulate matter, from any source whatsoever, in excess of applicable state and federal regulations.

Glare and heat.

The edge of the shield is below the light source.

Direct rays from the light source are confined to within the property boundaries.

Direct rays from the light source are prevented from escaping to the sky.

Vibration. No activity shall cause or create a steady state or impact vibration discernible at any lot line.

Design Standards for TC District. All development within the TC District shall meet all design standards of Chapter 210 including those in Attachment 3.[1]

Editor's Note: Attachment 3 is included as an attachment to this chapter.

§ 210-25 Off-street parking and loading standards.

[Amended 10-9-2003 by L.L. No. 5-2003; 3-11-2010 by L.L. No. 12-2010; 1-18-2023 by L.L. No. 1-2023]

Required number of off-street parking spaces.

Residential uses:

For a single-family dwelling: two spaces.

For a two-family dwelling: four spaces.

For a multifamily dwelling: two spaces per dwelling unit.

For a boarding or rooming house: one space per guest room plus required space for other dwelling unit(s) on premises.

For an accessory dwelling: two spaces per dwelling unit.

For a home occupation: one space per 250 square feet of such use, if customers or clients routinely visit use, plus one space per outside employee.

For a bed-and-breakfast establishment: one space per guest room plus required spaces for other dwelling unit(s) on premises.

For a family or group family day care home: one space per three children enrolled in excess of three plus required spaces for other dwelling unit(s) on premises.

Institutional and community service uses:

For schools and other educational institutions: one space per 12 classroom seats or the auditorium requirement as specified above, whichever is greater.

For a nursery school or child day-care center: one space per three children enrolled at peak hour.

For a museum, library or other cultural facility: one space per 250 square feet of gross floor area.

For a membership club or similar use: either one space for each 200 square feet of gross floor area or one space for each three seats in dining and/or bar area, whichever is greater.

For a nursing home or similar use: one space for each four beds computed on the basis of maximum capacity of the structure.

Recreational uses:

For a bowling alley, golf course, tennis club, billiard hall, or similar use: four spaces per alley, tee, court, table or similar measure.

Business and commercial uses:

For a personal service use or establishment, one space for each 150 square feet of gross floor area.

For a medical clinic and related professional health service offices: four spaces per professional.

For a funeral home or similar establishment, one space per four seats or 80 square feet of public viewing area.

For a hotel, motel or similar establishment: one space per guest room.

For an automobile service facility or similar use: at least 10 spaces.

For an automobile sales facility, equipment rental or sales yard, or similar use: one space for each 3,000 square feet of land area devoted to the use.

Light industrial uses:

Design standards for off-street parking spaces and related accessways.

Editor's Note: Attachment 3 is included as an attachment to this chapter.

Required off-street parking spaces shall be provided on the same lot with the building or use to which such spaces are incidental, or nor more than 300 feet therefrom.

Parallel curb parking: End to end measurement of 24 feet with twelve-foot aisle width for one-directional flow and twenty-four-foot aisle width for two-directional flow.

Thirty-degree parking: thirteen-foot aisle width for one-directional flow and twenty-six-foot aisle width for two-directional flow.

Forty-five-degree parking: sixteen-foot aisle width for one-directional flow and twenty-six-foot aisle width for two-directional flow.

Sixty-degree parking: twenty-one-foot aisle width for one-directional flow and twenty-six-foot aisle width for two-directional flow.

Perpendicular parking: twenty-six-foot aisle width for either one-directional or two-directional flow.

Any parking lot for any use in any district shall be set back 100 feet from any wetland and water body.

§ 210-25.1 Residential driveways.

[Added 3-11-2010 by L.L. No. 12-2010]

§ 210-26 Sign standards.

No sign shall be erected, replaced, altered, relocated or maintained in any zoning district within the Town of Union Vale except in accordance with the provisions stated herein.

General standards. Any sign or signs, whether permitted, temporary or directional, shall conform to the following general standards:

Shall present a visual message in a clear and precise manner.

Shall to the extent practicable be wood in material and, where freestanding, enhanced through the incorporation of stone and plantings in the design and setting of the sign.

Shall at all times be maintained in a proper state of repair in full compliance with building code, electrical code, and other applicable property maintenance standards.

Shall not attempt or appear to regulate, warn or direct highway traffic or to either imitate or resemble official traffic signs, signals or devices.

Shall not project over property lines or be located within the public right-of-way.

Shall not be roof-mounted or otherwise mounted on a building so as to extend in whole or in part above the wall of the building to which it is attached.

Shall not rotate or otherwise move.

Shall not be illuminated by or contain flashing, intermittent, rotating or moving light or lights.

Shall not be internally illuminated, nor contain luminous material, sequin-studded lettering or lettering with fluorescent paint.

If freestanding, shall not exceed six feet in height in any residential district or 10 feet in height in any commercial district nor be located closer than 20 feet to any property line.

If suspended or projecting, shall not exceed 11 feet in height and shall provide a minimum clearance of eight feet above any sidewalk or other pedestrian way.

With the exception of temporary signs discussed below in § 210-26C shall be permanently and directly affixed to the ground, a building, a wall or a sign structure, and may not be a portable sign.

Permitted temporary signs. The following temporary signs are permitted in any zoning district without application for and issuance of a permit.

Nonilluminated window advertising signs which occupy no more than 10% of the total window area of the principal facade or facades of the business, service or commercial establishment.

Nonresidential uses in the Neighborhood Commercial (NC), Town Center (TC) and Airport (A) Districts.

Multiuse premises.

Within a multiuse premises, one of the following types and dimension of identity signs may be associated with each business:

A six-square-foot hanging sign.

A sign not exceeding six square feet incorporated on an awning.

A sign not exceeding six square feet mounted on the wall or permanently mounted/painted on a window provided such window sign does not exceed 20% of the square foot surface area of the window.

No directional sign may be installed on private property except by or with the specific written consent of the owner thereof.

§ 210-27 Fences and walls within required yards.

[Amended 3-11-2010 by L.L. No. 12-2010; 1-18-2023 by L.L. No. 1-2023]

No fence shall be erected or replaced and subsequently maintained within a required yard in any zoning district within the Town of Union Vale except in accordance with the provisions stated herein:

§ 210-28 Excavation as part of site preparation.

§ 210-29 Development near streams, wetlands and water bodies.

Special permit review.

§ 210-30 Development within the Flood-Fringe Overlay (FF-O) District.

§ 210-31 Home occupations.

[Amended 1-18-2023 by L.L. No. 1-2023]

In any zoning district, home occupations, as defined in Article XII, § 210-86A, of this chapter, shall additionally conform to the following use limitations:

Restrictions; classifications.

There shall be permitted no sharing, letting or subletting of space for use by others in the conduct of their profession, trade or business.

In no case shall a home occupation be open to the public earlier than 8:00 a.m. or later than 9:00 p.m.

Ambulance, limousine or other transportation service.

Automobile-related businesses, including repair, painting, parts, sales, detailing or washing services.

Beauty shops and barber shops with more than one chair.

Churches and other places of public assembly.

Restaurants and taverns.

Catering services.

Any facility, regardless of how named, providing day-care services for more than six children who are not residents of the dwelling.

Convalescent homes.

Group band instrument instruction.

Commercial servicing of construction equipment, including but not limited to backhoes, bulldozers and trucks.

Septage pumping and other scavenger services.

§ 210-32 Conservation subdivision.

[Amended 3-11-2010 by L.L. No. 12-2010; 1-18-2023 by L.L. No. 1-2023]

Provide greater design flexibility and efficiency in the siting of structures, services and infrastructure, including the opportunity to reduce length of roads and the amount of paving required.

Provide for a diversity of lot sizes and housing choices to accommodate a variety of age and income groups to improve housing opportunities for all.

Create residential opportunities with direct visual or physical access to preserved lands that is consistent with the rural character of Union Vale.

Applicability of conservation subdivision.

Editor's Note: The District Schedule of Use Regulations/Commercial Districts is included as an attachment to this chapter.

Conservation subdivision sketch plan.

The subdivision boundaries and the owners of all contiguous properties.

The zoning classification, including designation of any overlay district, critical environmental area as may exist, and Tax Map number(s) of the property to be subdivided.

The total acreage of the subdivision and the proposed number and locations of lots.

All existing streets, either mapped or built, adjacent to the tract.

All existing restrictions on the use of land, including easements and covenants, if any.

Conservation subdivision site analysis.

Areas where the slope exceeds 25%.

Sites where community sewer, community water, or community water and sewer are available or planned, if any.

Lands within, or contiguous to, a Critical Environmental Area designated pursuant to Article 8 of the New York State Environmental Conservation Law, if any.

Lands contiguous to publicly owned or designated open space areas, or privately preserved open spaces, if any.

Sites in, or bordering on, known scenic locations identified in the Town's Comprehensive Plan, or Natural Resources Inventory and whether the site is within any Town-designated overlay district.

Lakes, ponds or other significant recreational areas, or sites designated as such in the Town's Comprehensive Plan and Natural Resource Inventory, if any.

(l)

(m)

Location of all existing streets, roads, buildings, utilities and other man-made improvements.

(n)

All easements and other encumbrances of property which are or have been filed of record with the Dutchess County Clerk's Office.

(o)

Identification of any other established overlay district covering the parcel.

Conservation subdivision design standards.

Lot layout and design.

There shall be a 100' side and rear setback between any new dwelling unit within a conservation subdivision and the original parcel's property line when adjacent to any residential district.

Step 1. Delineate Open Space Areas. Proposed open space areas shall be designated as follows:

Primary Conservation Areas shall be delineated and designated on a map.

Step 4. Draw lot lines. Upon completion of the preceding steps, lot lines are then drawn as required to delineate the boundaries of individual residential lots.

Site design criteria.

So that the boundaries between new house lots and adjacent lots are well buffered by vegetation, topography, roads or other barriers.

On suitable soils for subsurface sewage disposal (where applicable).

At the edge of open fields adjacent to any woodland, to enable new residential development to be visually absorbed by the natural landscape and to limit fragmentation of habitats.

Around and so as to preserve sites of historic, archeological or cultural value insofar as needed to safeguard the character of the feature.

Open space standards:

A minimum of 50% of the parcel shall be preserved as open space land.

Active agricultural land may be used to meet the minimum required open space land.

A portion of the required open space may be used for community septic systems provided no sensitive environmental features are disturbed.

Stormwater management ponds or basins and lands within the rights-of-way for underground utilities may not be included as part of the minimum required open space.

Open space shall be directly accessible or viewable from as many home sites as possible.

Streets, driveways, sidewalks and trails.

Common driveway access may be provided for.

One of the following is required to permanently protect the designated open space:

The conveyance contains appropriate provisions for proper reverting or retransfer in the event that the conservation organization becomes unwilling or unable to continue carrying out its functions.

Such deed restriction(s) shall be noted on all approved, filed plats.

Ownership of conserved lands:

Membership in the HOA must be mandatory for each property owner within the subdivision and for any successive property owners in title.

The association shall have adequate resources to administer, maintain, and operate such common facilities.

Maintenance standards.

BUILDING-INTEGRATED PHOTOVOLTAIC (BIPV)

§ 210-33 Water supply and sewage disposal requirements.

§ 210-34 Sanitary disposal areas and facilities.

§ 210-35 Swimming pools.

[Amended 1-8-2004 by L.L. No. 1-2004]

§ 210-36 Solar and wind energy systems.

[Amended 3-11-2010 by L.L. No. 12-2010; 10-6-2016 by L.L. No. 3-2016; 1-18-2023 by L.L. No. 1-2023]

Definitions. As used in this section, the following terms shall have the meanings indicated:

GROUND-MOUNTED SYSTEM

An accessory solar energy system exceeding 100 square feet that is anchored to the ground and attached to a pole or similar mounting system, detached from any other structure.

LARGE-SCALE SYSTEM

Solar energy systems located on land to convert solar energy into electricity for off-site energy consumption.

ROOF-MOUNTED SYSTEM

An accessory solar energy system located on a roof of a principal or accessory structure.

SOLAR ENERGY EQUIPMENT

Energy storage devices, material, hardware, or electrical equipment and conduit associated with the production of electrical energy.

SOLAR ENERGY SYSTEM

An electrical generating system composed of a combination of both solar panels and solar energy equipment.

SOLAR PANEL

A device capable of collecting and converting solar energy into electrical energy.

Roof-mounted solar systems.

Setback. Solar energy systems are subject to the setback requirements of the underlying zoning district.

Aesthetics. Solar installations shall incorporate the following design requirements:

Panels facing the front yard must be mounted at the same angle as the roof's surface with a maximum distance of 18 inches between the roof and highest edge of the system.

Solar panels affixed to a flat roof shall be placed below the line of sight from a public right-of-way.

Ground-mounted solar systems (residential).

Ground-mounted solar energy systems are permitted as an accessory use in residential zoning districts, subject to the requirements set forth in § 210-56B(10).

Ground-mounted solar systems (commercial).

Ground-mounted solar energy systems are permitted as an accessory use in commercial zoning districts, except the TC District, subject to the requirements set forth in § 210-56G(6).

General requirements for roof-mounted solar systems and ground-mounted solar systems:

Prior to issuance of a building permit, blueprints signed by a professional engineer or registered architect of the solar installation showing the layout of the system shall be required.

The equipment specification sheets shall be documented and submitted for all photovoltaic panels, significant components, mounting systems, and inverters that are to be installed.

A sign shall be installed on the utility meter and any alternating current (AC) disconnect switch indicating that there is an operating solar electric cogenerating system on site.

Verification of utility notification. Foreseeable infrastructure upgrades shall be documented and submitted. Off-grid systems are exempt from this requirement.

The name, address, and contact information of the applicant, property owner(s), and agent submitting the proposed project shall be required.

Site plan approval is required.

Blueprints signed by a professional engineer or registered architect of the solar installation showing the layout of the system shall be required.

The equipment specification sheets shall be documented and submitted for all photovoltaic panels, significant components, mounting systems, and inverters that are to be installed.

Property operation and maintenance plan. A property operation and maintenance plan is required, describing continuing photovoltaic maintenance and property upkeep, such as mowing, trimming, etc.

Height restrictions. The maximum height for ground-mounted solar systems shall not exceed 15 feet in height above the ground.

Roadways within the site shall not be constructed of impervious materials and shall be designed to minimize the extent of roadways constructed and soil compaction.

(14)

All on-site utility and transmission lines shall, to the extent feasible, be placed underground.

(15)

(16)

All mechanical equipment of a large-scale solar system, including any structure for batteries or storage cells, shall be completely enclosed by a minimum six-foot-high fence with a self-locking gate.

Abandonment.

Removal of above- and below-ground equipment, structures and foundations.

Restoration of the surface grade and soil after removal of equipment.

Revegetation of restored soil areas with native seed mixes, excluding any invasive species.

The plan shall include a time frame for the completion of site restoration work.

Roof-mounted solar panels and BIPV systems are permitted by right on accessory structures that do not contribute to the historic significance of the site.

Solar panels shall not alter an historic site's character-defining features or be placed within view of a public right-of-way.

All modifications to an historic site must be entirely reversible, allowing alterations to be removed or undone to reveal the original appearance of the site.

Exposed solar energy equipment must be consistent with the color scheme of the underlying structure.

Solar panels shall be placed flush to the roof's surface to reduce their visual impact.

BIPV systems shall take into account existing design elements which complement the styles and materials of the building.

Setback, height, and lot coverage.

Setback. Ground-mounted solar panels are subject to setback requirements of the underlying zoning district.

Height. Solar panels are restricted to a height of 12 feet.

Lot coverage. The surface area of ground-mounted solar panels shall be included in lot coverage and impervious surface calculations.

Solar panels shall be placed on new construction or additions, if present.

Ground-mounted systems shall be screened from the public right-of-way by fencing or vegetation of suitable scale for the district and setting.

§ 210-37 Landscape standards for parking lots and screening and buffer areas.

[Amended 1-18-2023 by L.L. No. 1-2023]

Provide natural visual screening of parking areas and along property boundaries to preserve the existing visual quality of adjacent lands.

Reduce surface storm water runoff and minimize soil erosion through the natural filtering capability of landscaped areas.

Provide natural buffers that provide suitable habitat for wildlife and reduce noise and glare.

Moderate the microclimate of parking areas by providing shade, absorbing reflected heat from paved surfaces and creating natural windbreaks.

Enhance the overall visual quality of new development by providing a variety of indigenous plant materials that are consistent and compatible with the existing natural vegetation of the area.

Design standards.

Parking lots.

All requirements of § 210-25 shall be met for all off-street parking and loading areas.

Screening and buffer areas.

§ 210-38 Required screening for nonresidential uses.

[Amended 1-18-2023 by L.L. No. 1-2023]

§ 210-39 Agriculture.

No fur-bearing animals shall be kept or cage-type poultry operations maintained on a nonfarm parcel in any zoning district.

No horse, cow, hog, beef cattle, sheep, goat or other large farm animal shall be kept on a nonfarm parcel of less than five acres in any zoning district.

[Added 3-11-2010 by L.L. No. 12-2010]

§ 210-40 Keeping of farm animals on nonfarm parcels.

In any zoning district where agricultural uses are permitted, the keeping of fowl and farm animals on nonfarm parcels of at least five acres but less than 15 acres shall be limited as follows:

§ 210-41 Roadside stands.

The total floor area of the roadside stand shall not exceed 40 square feet.

The roadside stand is located a minimum of 20 feet from any street or highway right-of-way line.

§ 210-42 Farms, farm operations and related uses. [1]

[Amended 3-11-2010 by L.L. No. 12-2010; 1-18-2023 by L.L. No. 1-2023]

The conduct of agriculture, as defined in the aforementioned § 210-86A of this chapter.

The production of farm products, as defined in the aforementioned § 210-86A of this chapter.

The retail sale of farm products at a roadside stand as set forth in above § 210-41 of this article and limited to the extent provided therein.

The maintenance of a farm operation, as defined in the aforementioned § 210-86A of this chapter.

The housing may consist of the following housing types: single-family dwellings, including mobile homes; two-family dwellings and multiple dwellings.

The housing shall comply with the following requirements:

The housing shall be supported by adequate water supply and sewage disposal facilities in accordance with the standards of the Dutchess County Health Department.

The farm industry shall be conducted through the primary use of buildings, equipment and other facilities integral to the farm operation.

The farm industry shall be operated by the farm owner and involve as outside employees only those otherwise engaged in the agricultural operation to which the farm industry is subordinate.

Permitted farm industry uses.

Welding.

Agricultural machinery repair.

Woodworking.

Tack and harness repair, horseshoeing and blacksmith work.

Dressing of game.

Firewood preparation and sales.

Processing of locally produced agricultural products.

Veterinarian's office and/or animal hospital.

Marine, recreational vehicle, classic automobile and related seasonal storage.

Timber harvesting; commercial logging.

Excavation.

Landscaping.

Grounds maintenance.

Animal breeding.

The proposed conditions sketch shall be accompanied by a sketch depicting any proposed buildings or structures, including their exterior dimensions and elevations of their front, side and rear views.

Editor's Note: See also Ch. 124, Farming.

§ 210-43 Outdoor storage and parking of commercial vehicles on residential lots.

§ 210-44 Antennas.

Communication towers and pole-mounted or ground-mounted antennas shall be permitted for nonprofit, noncommercial purposes in all zoning districts, provided that:

Furthermore, no such ground- or pole-mounted dish antenna shall encroach upon the minimum required front yard specified by the District Schedule of Area and Bulk Regulations for the zoning district.

No ground-mounted dish antenna shall exceed 12 feet in diameter or 15 feet height measured from its highest point to the ground elevation at its base.

Any ground- or pole-mounted antenna shall be:

Properly anchored, adequately grounded and connected to its receiver by underground wiring.

§ 210-45 Temporary buildings and uses.

[Amended 1-18-2023 by L.L. No. 1-2023]

No such sale shall last longer than three consecutive calendar days.

No premises shall be the location of more than two such sales within one calendar year.

No goods purchased for resale may be offered for sale.

No consignment goods may be offered for sale.

No directional or advertising sign associated with the sale shall exceed four square feet in area.

No directional or advertising sign shall be displayed more than 24 hours prior to the sale, and each such sign shall be removed immediately upon completion of the sale.

§ 210-46 Development within the Hamlet (H) District.

Any alteration of, or addition to, an existing structure shall respect the inherent integrity of the structure and the prevailing architectural character of the Hamlet District.

All new structures or additions to existing structures shall be architecturally compatible with the existing structures.

§ 210-47 Development within Airport (A) District and Airport Overlay (A-O) District.

[Amended 1-18-2023 by L.L. No. 1-2023]

Purposes. Regulations and other special requirements pertaining to the Airport (A) and Airport-Overlay Districts have been established so as to balance the following purposes:

Authorized uses. In accordance with the aforesaid purposes, the following uses are authorized within the Airport District:

As accessory uses, each of which uses shall be subject to site plan approval in accordance with the procedure and standards set forth within Article VII of this chapter:

As accessory uses directly related to and on the same parcel as the principal permitted airport use:

Parking and loading area.

Emergency services facilities.

Aircraft tie-downs.

Aircraft hangars for the storage of a single aircraft, typically a T-hangar.

Fuel storage and sales exclusively in support of airport activity.

Administrative office in support of airport operations.

Airport maintenance shop facilities.

Coffee shop or similar food service establishment, not to exceed seating for 20 persons.

Retail shop for aviation-related supplies, accessories and gifts, not to exceed 1,000 square feet of gross building floor area.

Pilot's lounge, locker room and related facilities, not to include overnight lodging.

Signage.

On-site utility services.

[13]

Communications facilities essential to airport operations.

[14]

Satellite dish antennas.

As accessory uses directly related to and on the same parcel as any other principal permitted use within the Airport District:

Parking and loading facilities.

Aircraft tie-downs.

Signage.

On-site utility services.

Satellite dish antennas.

Aircraft hangars designed to accommodate more than a single aircraft.

Aviation schools and flight and ground instruction.

Airplane rental and sales.

Airplane maintenance and repair shop facilities.

Office and research buildings occupied principally in support of other Airport District uses, not to exceed 10,000 square feet in gross building floor area.

Restaurant, not to exceed seating for 50 persons and with direct access to airport facilities.

Required setback for airport district uses from residentially zoned lands.

Outdoor storage areas. Any outdoor storage area within the Airport District shall comply with each of the following criteria:

The outdoor storage area shall at all times be confined to the specific lot or parcel area delineated for such purpose on a site plan approved by the Town Planning Board.

The outdoor storage area, including related screening, shall be continuously maintained in a neat and orderly manner.

The outdoor storage area shall house only those types of parts, equipment or other material set forth in the certificate of occupancy.

Effect of designation as open development area.

Design criteria shall be as follows:

Minimum right-of-way (ROW) or easement width of 45 feet.

Minimum cartway width of 22 feet.

Minimum stabilized shoulder width of three feet.

Minimum foundation course of 12 inches of mechanically compacted gravel.

Minimum surface of three inches of asphalt concrete base and two inches of asphalt concrete wearing surface.

Application of minimum lot area requirements.

The intended purpose of each of the lots.

The level of supporting infrastructure either proposed or required pursuant to Occupational Safety and Health Administration (OSHA), Health Department or other regulations.

Conformance to minimum requirements of the New York State Uniform Fire Prevention and Building Code.

[d]

The relationship of the affected land area to other lots or improvements as either simultaneously proposed by the landowner or otherwise described on the master plan for Sky Acres Airport.

§ 210-48 Development within Environmental Resource Overlay (ER-O) District.

[Amended 3-11-2010 by L.L. No. 12-2010; 1-18-2023 by L.L. No. 1-2023]

Regulated wetlands under this chapter consist of the following:

Regulated streams under this chapter consist of the following:

Any other streams that may upon recommendation of the Conservation Advisory Council be designated as regulated streams for purposes of this chapter by the Town Board.

Boundaries; buffers.

The disposal, storage or treatment of hazardous and solid waste material, not to be construed as the maintenance of a composting pile accessory to a residence or other use.

Outdoor storage of any materials that, in the opinion of the Code Enforcement Officer, could contaminate groundwater resources.

Gasoline stations.

Cemeteries.

The cooking, distillation, processing and incineration of animal or vegetable products.

The production of corrosive and noxious chemicals.

The production, processing and storage of coal, coal tar, petroleum and asphalt products.

All underground tanks shall be double-hulled steel or fiberglass encased in a concrete vault that includes access for periodic visual inspection.

Special use permits.

Site plan approval.

The Planning Board shall be guided by the following principle in its disposition of the application:

Certificate of visual compatibility.

A complete application shall include the following:

[i]

Application form executed by the owners of the property and with any required ministerial attachments as prescribed by the Planning Board;

[ii]

Existing condition photographs of the site and views of the site from public roadways and/or other public lands;

[iii]

[iv]

Exterior architectural elevations, including information on colors, textures and materials for siding, roofing and other principal features; and

[v]

Exterior lighting plan, including location, type and intensity of fixtures.

The Planning Board shall be guided by the following principles in its disposition of the application:

The regulated farmland overlay area as referenced on the aforementioned Environmental Resource Overlay (ER-O) District Map consists of both of the following:

§ 210-49 Development within Scenic Corridor Overlay (SC-O) District.

[Amended 1-18-2023 by L.L. No. 1-2023]

§ 210-50 Commercial extraction.

§ 210-51 Communication (personal wireless service) facilities and towers.

[Amended 1-18-2023 by L.L. No. 1-2023]

To preserve the character and appearance of the Town while simultaneously allowing adequate personal wireless service to be developed.

To protect the scenic, historic, environmental, and natural and man-made resources of the community.

To provide standards and requirements for regulation, placement, construction, monitoring, design, modification and removal of communication (personal wireless service) facilities and towers.

To provide a procedural basis for action within a reasonable period of time on requests for authorization to place, construct, operate or modify communication (personal wireless service) facilities.

To preserve property values.

To minimize the total number and height of communication (personal wireless service) towers throughout the community.

To require owners of communication (personal wireless service) towers and other facilities to configure them so as to minimize and mitigate the adverse visual impact of the towers and facilities.

To require communication tower sharing and clustering of personal wireless service facilities where possible.

The regulations do not prohibit or have the effect of prohibiting the provision of personal wireless services.

The provisions are not to be used to unreasonably discriminate among providers of functionally equivalent services.

Receive-only antennas and satellite dishes maintained for residential use.

Any other building-mounted antennas less than 15 feet in height, no part of which exceeds 12 feet in diameter.

The definitions established in Article XII, § 210-86B.

The District Schedule of Use Regulations established pursuant to Article III, § 210-10.

The special permit application procedure and administrative provisions set forth for all special permit uses in Article VI, §§ 210-59 and 210-60, respectively.

The general standards for all special permit uses set forth in Article VI, § 210-55.

The additional specific standards and requirements for communication (personal wireless service) facilities and towers set forth in Article VI, § 210-57.

§ 210-52 Adult uses and related activities. [1]