[Ord. of 7-5-1983, § 1, 2; Ord. of 9-18-1983, § 1; Ord. of 6-3-1985, § 1;
Ord. of 12-15-1986, § 2; Ords. (two) of 7-20-1987, § 1; Ord. of 10-19-1987, § 1;
Ord. of 7-5-1988, § 1; Ord. of 8-21-1995, § 1; Ord. of 8-14-2000, § 1]
In all districts, site development plan (referred to hereinafter
as site plan) approval by the Planning Board shall be required for:
(a)
The erection or enlargement of all buildings in all districts other
than one, two- or three- family residences, except as part of a subdivision
and except as provided hereinafter or uses accessory thereto.
(b)
All uses of vacant land other than uses customarily accessory to
one, two- or three-family houses.
(c)
Any change in use or intensity of use which will affect the characteristics
of the site in terms of parking, loading, access, drainage or utilities.
(d)
Any plan to alter or improve a building facade in any area designated
by the Common Council as a landmark or a special historical, architectural
or design improvement district.
(e)
Any application for a special
use permit and any use or structure in a flood hazard area.
Any amendment of a previously approved plan shall also require
approval of the amendment by the Planning Board. No building permit
may be issued for any building within the purview of this section
until the original or amended site plan is approved by the Planning
Board. No certificate of occupancy may be issued for any building
or use of land within the purview of this section unless the Planning
Board or its designee certifies that all applicable conditions of
the approved original or amended site plan have been complied with.
(1)
Objectives. In reviewing site plans, consideration
shall be given to the public health, safety and welfare; the comfort
and convenience of the public in general or the residents or users
of the proposed development and of the immediate neighborhood in particular.
Appropriate conditions and safeguards as may be required to further
the expressed intent of this Chapter and the accomplishment of the
following objectives in particular:
(a)
That the site plan is in conformance with such relevant portions
of the Comprehensive Plan of the city that may be in existence.
(b)
That the design of all structures is compatible with that of
surrounding structures. Compatibility shall be determined by a review
of proposed use of materials, scale, mass, height, color, texture
and location of the structure or structures on the site.
(c)
That all proposed traffic accessways are adequate but not excessive
in number; adequate in width, grade, alignment and visibility; not
located too near street corners or other places of public assembly;
and other similar safety considerations.
(d)
That adequate off-street parking and loading spaces are provided
to prevent parking in public streets of vehicles of any persons connected
with or visiting the use and that the interior circulation system
is adequate to provide safe accessibility to all required off-street
parking lots, loading bays and building services.
(e)
That all playground, parking and service areas are reasonably
screened at all seasons of the year from the view of adjacent residential
lots and streets and that the general landscaping of the site is such
as to enhance the character of the city and is in character with that
generally prevailing in the neighborhood.
(f)
That all existing trees over eight inches in diameter, measured
three feet above the base of the trunk, shall be retained to the maximum
extent possible.
(g)
That all plazas and other paved areas intended for use by pedestrians
use decorative pavements and plant materials so as to prevent the
creation of vast expanses of pavement.
(h)
That all outdoor lighting is of such nature and so arranged
as to preclude the diffusion of glare onto adjoining properties and
streets.
(i)
That the drainage system and the internal water and sewer systems
are adequate and that all connection to city systems are in accordance
with city standards.
(j)
That the site plan and building design accommodate the needs
of the handicapped and are in conformance with the state standards
for construction concerning the handicapped.
(k)
That the site plan and building design maximize the conservation
of energy.
(2)
Procedures.
(a)
Prior to the submission of a formal site plan, a presubmission conference may be held at the applicant's request wherein the applicant shall meet in person with the DPD or his designated representative and/or the Zoning Administrator to discuss the proposed site plan so that the necessary subsequent steps may be undertaken with a clear understanding of the city's requirements in matters relating to the development of the site. At this time the Director of Planning and Development may indicate those items outlined in Section 19-6.1(4) that may be waived upon confirmation of the Planning Board. The procedures under the environmental quality review, Section 19-4.17 of this Chapter, may be initiated at this time.
(b)
Following the presubmission conference or even if no conference
was requested, the applicant may submit the site plan and any related
information to the Zoning Administrator or his designee in as many
copies, not to exceed 10 as the Zoning Administrator or his designee
may specify. The site plan shall be accompanied by a fee in accordance
with the schedule of fees of the City of Poughkeepsie.
(c)
The Zoning Administrator or his designee shall certify on each
original or amended site plan whether or not the application is complete
in accordance with Section 19-6.1(4) and whether the plan meets the
requirements of all the provisions of this Chapter other than those
of this section regarding site plan review. The Zoning Administrator
shall act to certify the application or return it to the applicant
for completion or revision within 30 calendar days of submission by
the applicant to the Zoning Administrator or his designee.
(d)
Following certification by the Zoning Administrator, the application
shall be forwarded to the Planning Board within five working days.
Such referral shall be accompanied by the Zoning Administrator's documentation
that the application is complete. The official submission date shall
be the date of the first regular Planning Board meeting that the item
appears on an agenda.
(e)
Simultaneously with its submission to the Planning Board, the
certified application shall be forwarded to the City Engineer, Chief
of Police, Fire Chief, Director of Public Works and Plumbing Inspector
for purposes of review by these department heads (or their duly authorized
representative) and eventually for their signature on the original
Mylar once they are satisfied with the plans. Further, the plan shall
be circulated where required to the County Planning Board, County
Highway Department, County Planning Department and any other agency
that the Zoning Administrator and the DPD deem appropriate.
(f)
The Planning Board may hold a public hearing on the site plan
if it determines that the matter is of wide public interest. If such
a hearing is held, it shall be held within 45 days of the official
submission date of the application and notice shall be given at least
five days prior to the date of such hearing by publication in the
official city newspaper.
(g)
The Planning Board shall act to approve or approve with conditions
or disapprove any such site plan within 45 days after the public hearing
or, if no hearing is held, within 45 days of the official submission
date; provided, however, that the time within which the Planning Board
must render its decision may be extended by mutual consent of the
applicant and the Planning Board. Disapproval or conditional approval
by the Planning Board shall include written findings which identify
those site plan elements found contrary to the provision or intent
of this Chapter, and such findings shall state the reasons for disapproval
or conditional approval. In reviewing the application, the Planning
Board shall consider the recommendations of she planning department
as to whether a proposed plan will conform to the intent and requirements
of this Chapter and/or what revisions are appropriate.
(h)
Amendments to a previously approved site plan shall be acted
upon in the same manner as the original site plan.
(i)
Following approval of the site plan by the Planning Board, the
applicant or the applicant's contractor shall file with the Commissioner
of Finance a performance bond to cover the full cost of the required
improvements in an amount set by the Planning Board upon advice of
the City Engineer. If the value of improvements is less than $30,000,
the Planning Board may waive the bonding requirements. Said bonds
shall be in form satisfactory to the Corporation Counsel of the City
of Poughkeepsie and may be in cash or in the form of surety company
bonds or in the form of an irrevocable letter of credit from an issuer
and in form satisfactory to the Corporation Counsel; and, if a surety
company bond, shall be in the amount of 100% of the estimated cost;
or if a cash bond or an irrevocable letter of credit, 50% of the estimated
cost, as certified by the City Engineer. In estimating the costs,
the City Engineer shall consider the proposed screening and landscaping,
including planting and maintenance thereof for a minimum of one year
and a maximum of three years at the discretion of the Planning Board;
stormwater drainage system; public and private streets and drives;
water and sanitary sewer systems, outdoor lighting and off-street
parking areas; loading areas; means of vehicular access and egress
to and from the site onto public streets; recreation areas, including
playgrounds; garbage collection stations; fire alarm system (if any);
and any other improvements, which in the opinion of the City Engineer
affect the proper functioning of the site. Said bond and release of
said bond shall be conditioned upon the property owner or developer
completing said work enumerated herein and set forth on the approved
site plan in a manner satisfactory to the Building Inspector of the
City of Poughkeepsie and upon the proper functioning of said systems
for a period of one year from their completion. In default thereof,
said bond or deposit shall be forfeited, to the extent and in the
amount of 150% of the estimated cost for completing, repairing or
replacing the work which has not been completed or which has not properly
functioned, and the city shall use the amount thereof to complete
any incomplete portion of said work or to make sure repairs as are
necessary to assure proper functioning of said improvements; provided,
however, that if any amount of money remains after the city has completed
said work, such excess money will be returned to the surety or the
person putting up the required deposit. The installation of all improvements
shall be under the direct supervision of a registered architect or
professional engineer.
(j)
Notwithstanding the foregoing, this subsection shall apply to
those site plans which have been approved by the Planning Board and
which contain the following elements:
1.
The site plan calls for a public or private road to be constructed
on the premises;
2.
The site plan calls for improvements to be performed in phases;
3.
The first phase of said improvements
encompasses less than 50% of the land area of the entire site.
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In such cases, the Planning Board, shall permit the applicants to file a performance bond to cover the cost of the first phase of the required improvements, rather than the full cost of all improvements on the entire site, as would be required under Subsection (2)(i) above. Any subsequent phase improvements to the site shall also qualify for treatment under this subsection, provided that said phase improvements are to be performed over the remaining area of the premises which are subject to the site plan. All phase improvements and all bonds to be filed to cover such phase improvements shall obligate the applicant to construct and/or install at its expense, at each phase, the following improvements on the portion or portions of the site then being developed:
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a.
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Street base and paving.
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b.
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Concrete curb and gutters.
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c.
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Water mains, appurtenances and house services.
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d.
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Storm sewers, appurtenances and house services.
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e.
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Sanitary sewers, appurtenances and house services.
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f.
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Concrete sidewalks.
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g.
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Streetlights.
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h.
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Such other site improvements as the Planning Board deems necessary
to ensure proper development of the site.
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The percentage of the bond to be rolled over from one phase
to any subsequent phase shall be limited to 80% of the total moneys.
The remaining 20% shall be held by the City of Poughkeepsie for two
years from the date of completion of the required improvements to
ensure proper installation and maintenance thereof.
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In addition to the foregoing requirements for filing performance bonds to cover phase improvements, the requirements of Subsection (2)(i) regarding waiving bonding requirements, approval of the form of the bond and all other conditions and requirements set forth therein shall apply to performance bonds as they relate to phase improvements, except that the Planning Board may waive the bonding requirements if the total value of all improvements as set forth above is less than $25,000.
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(k)
Notwithstanding the provisions of Subsection (2)(i) or (j) above, in the case of a site development plan which includes the subdivision of the site into two or more separate parcels of land, the performance bond to be filed in accordance with Subsection (2)(i) above may be divided into parts such that one bond is filed to cover improvements that lie on, are contiguous to, benefit or touch and concern more than a single such subdivided lot; and separate bonds are filed to cover improvements that lie on, are contiguous to, benefit or touch and concern only a single such subdivided lot. All of such bonds shall conform to the requirements of Subsection (2)(i) above except that the bonds that cover improvements that lie on, are contiguous to, benefit or touch and concern only a single such subdivided lot shall not be required to be filed at the time of the subdivision or site development plan approval, but may instead be required to be filed prior to or at the time of application for a building permit covering each such subdivided lot. The amounts of these bonds shall be set by the Planning Board upon the advice of the City Engineer, but may be later amended upward in the discretion of the City Engineer. The Planning Board may only waive any of the bonds described herein, in accordance with Subsection (2)(i) above, if all such bonds total less than $30,000 in the aggregate.
(3)
Time limit on validity of approval.
(a)
The approval of a site plan by the Planning Board shall be valid
for a period of one year from the date thereof for purposes of obtaining
a zoning and building permit. Failure to obtain such a permit within
the time period shall cause the approval to become null and void.
Upon application, for good cause shown, the Planning Board may extend
the validity of the approval, one time, for a period not to exceed
one year from the date the original approval expires.
(b)
Notwithstanding the time limits set forth in Subsection (3)(a) above, the following time limits shall be applicable to both Planned Residential Development Districts approved pursuant to Section 19-3.18 of this Chapter and to all approved site plans in other zoning districts in which 100 or more residential units are to be constructed. In a situation in which the Planning Board has approved a Planned Residential Development District to be developed in two or more phases or has approved a single project to contain 100 or more residential units to be developed in two or more phases, then and in such event, the Planning Board shall have discretion to authorize the validity for a period of two years from the date of such site plan approval for the purpose of obtaining a building permit for the second phase of any such phased development and for an additional period up to two years, for each succeeding phase of any phased development; provided, however, that the total approved period to be authorized by the Planning Board shall not exceed five years from the date of site plan approval for all phases of a multiphased planned residential development project or a multiphased residential project containing 100 or more units. In exercising its discretion, the Planning Board shall consider the size of the project, the market absorption rate for the development proposed, the availability of municipal services to meet the needs of the development and such other factors as are relevant to a determination as to the reasonable rate of development of the proposed project.
(4)
Site plan elements. The applicant shall cause
a site plan map at a minimum scale of one inch equals 30 feet and
such additional supportive documentations as the DPD may indicate
during the presubmission conference to be appropriate in each instance,
to be prepared by an architect, landscape architect, civil engineer,
surveyor, land planner or other competent person. This information,
in total, shall constitute the site plan:
(a)
Legal data and:
1.
Name and address of the owner of record.
2.
Name and address of person, firm or organization preparing the
map.
3.
Date, North arrow and written and graphic scale.
4.
Names of owners of adjoining properties.
5.
A statement indicating the financial capability and the applicant
to carry out this proposed development.
(b)
Natural features:
1.
Existing contours with intervals of five feet or less, referred
to a datum satisfactory to the Planning Board.
2.
Approximate boundaries of any areas subject to flooding or stormwater
overflows.
3.
Location of existing watercourses, marshes, wooded areas, rock
outcrops, isolated trees with a diameter of eight inches or more,
measured three feet above the base of the trunk, and any other significant
existing natural features.
4.
Indication of direction of scenic views.
(c)
Existing structures and utilities:
1.
Outlines of all structures and location of all uses not requiring
structures.
2.
Paved areas, walkways and vehicular access between the site
and public streets.
3.
Locations, dimensions, grades and flow direction of any existing
sewers, culverts, water lines, as well as other underground and aboveground
utilities within and adjacent to the property.
4.
Other existing development, including fences, landscaping and
screening.
5.
Sufficient description or information to define precisely the
boundaries of the property. All distances shall be in feet and tenths
of a foot. All angles shall be given to the nearest 10 seconds or
closer. The error of closure shall not exceed one in 10,000.
6.
The locations and owners of all adjoining lands as shown on
the latest tax records.
7.
The locations, names and existing widths of adjacent streets
and curblines.
8.
The location, width and purpose of all existing and proposed
easements, setbacks, reservations and areas dedicated to public use
within or adjacent to the property.
9.
A complete outline of existing deed restrictions or convenants
applying to the property.
10.
Existing zoning.
(d)
Proposed development:
1.
The location of proposed buildings or structural improvements.
2.
The location and design of all uses not requiring structures,
such as off-street parking and loading areas.
3.
The location, direction, power and time of use for any proposed
outdoor lighting or public address systems.
4.
The location and plans for any outdoor signs.
5.
The location, arrangement and materials of proposed means of
access and egress, including walkways, driveways or other paved areas.
Profiles indicating grading and cross sections showing location and
width of roadway and walkways. Any proposed direct pedestrian connection
to public parking lots or structures will also be shown.
6.
Proposed screening and other landscaping, including a planting plan prepared by a qualified landscape architect in accordance with Section 19-4.11.
7.
The location, size, direction of flow and connection to city
facilities of all proposed water lines, valves and hydrants and of
all sewer lines or alternate means of water supply and sewage disposal
and treatment facilities.
8.
Location of any fire alarm boxes and connections to the city
fire alarm system.
9.
An outline of any proposed easements, deed restrictions or covenants
and a notation of any areas to be dedicated to a public agency.
10.
Any contemplated public improvements on or adjoining the property.
11.
Any proposed new grades, indicating clearly how such grades
will meet existing grades of adjacent properties or the street.
12.
Elevations of all proposed principal or accessory structures.
13.
Indication of how the site plan has considered energy consumption
in the siting and layout of buildings and in proposed building services
(heat, lighting, air conditioning, etc..
14.
If the site plan only indicates a first stage, a supplementary
plan shall indicate ultimate development.
15.
Any other information deemed by the Planning Board to be necessary
to determine conformity of the site plan with the spirit and intent
of this chapter.
Unless waived by both the DPD and Director of Public Works,
plans for all required improvements must be signed by a professional
engineer or registered architect or, if appropriate, a registered
landscape architect.
(1)
On application and after public notice and hearing, the Planning
Board may authorize, by resolution, the issuance of a special permit
for any of the uses in the district in which such use is proposed
to be located where this chapter requires such a permit. In authorizing
the issuance of a special permit, the Board shall take into consideration
the public health, safety and welfare and shall prescribe appropriate
conditions and safeguards to ensure the accomplishment of the following
objectives:
(a)
That all proposed structures, equipment or material shall be
readily accessible for fire and police protection.
(b)
That the proposed use is of such location, size and character
that, in general, it will be in harmony with the appropriate and orderly
development of the district in which it is proposed to be situated
and will not be detrimental to the orderly development of adjacent
properties in accordance with the zoning classification of such properties.
(c)
That, in addition to the above, in the case of any use located
in or directly adjacent to, a residential district:
The location and size of such use, the nature and intensity
of operations involved in or conducted in connection therewith, its
site layout and its relation to access streets shall be such that
both pedestrian and vehicular traffic to and from the use and the
assembly of persons in connection therewith will not be hazardous
or inconvenient or incongruous with said residential district or conflict
with the normal traffic of the neighborhood; and
The location and height of buildings, the location, nature and
height of walls and fences and the nature and extent of screening
and landscaping on the site shall be such that the use will not hinder
or discourage the appropriate development and use of adjacent land
and buildings or diminish the value thereof.
(2)
Every application for a special permit shall be submitted in duplicate
and shall contain the relevant items outlined in Section 19-6.1(4)
as determined during the presubmission conference.
(3)
The procedure for a special permit shall be the same as specified
for a site plan review, Section 19-6.1(2), except that a public hearing
is mandatory. Further, the applicant shall cause notice of all hearings
to be mailed by certified mail to the owners of all property within
a two-hundred-foot radius of any parcel which is the subject of a
special permit hearing before the Planning Board.
(4)
In authorizing the issuance of a special permit, it shall be the
duty of the Planning Board to attach such conditions and safeguards
as may be required in order that the result of its action may, to
the maximum extent possible, further the general objectives of this
Chapter. The Board may require that special permits be periodically
renewed. Such renewal shall be granted following due public notice
and hearings and may be withheld only upon a determination by the
DPD that such conditions as may have been prescribed by the Board
in conjunction with the issuance of the original permit have not been
or are no longer being complied with. In such cases, a period of 60
days shall be granted the applicant for full compliance prior to the
revocation of said permit. Any use for which a special permit may
be granted shall be deemed to be a conforming use in the district
in which such use is located, provided that:
(a)
The provision in this chapter under which such permit was issued
is still in effect;
(b)
Such permit was issued in conformity with the provisions of
this chapter;
(c)
Such permit shall be deemed to affect only the lot or portion
thereof for which such permit shall have been granted;
(d)
All applicable provisions of this Chapter not otherwise varied
by the special permit approval are adhered to.
[Added by Ord. No. O-14-17, 11-3-2014]
(1)
The Planning Board may require that a subdivision or site plan containing
residential units also contain a park, or parks, or playground suitably
located for playground or other recreational purposes. Before the
Planning Board will require that land be reserved for park, playground
or other recreational purposes, the Planning Board must make a finding
that such requirement is warranted.
(2)
Criteria for land reservation. In determining whether
or not to require the reservation of land for public park, playground
or recreational purposes, the Planning Board, in its review of residential
site plans or subdivisions, shall consider the following factors:
(a)
An evaluation of the present and anticipated future needs for
park and recreational purpose in the City of Poughkeepsie based on
the projected population growth to which the particular site plan
and/or subdivision will contribute;
(b)
Whether suitable land exists within the parcel boundaries of
the proposed development, in terms of its size, shape, and dimensions,
to reasonably accommodate a park, playground or other recreation use;
(c)
Whether the characteristics of the land in terms of topography,
soils, vegetative cover, hydrology and/or other natural features readily
lend themselves to development of the site for active recreation use;
(d)
Whether there are state or federal regulatory restrictions that
would limit the usefulness of the site for active recreation development;
(e)
Whether the site, in terms of its physical characteristics,
would provide an attractive and safe area for recreational use;
(f)
Whether the site is located such that reasonable and safe pedestrian,
bicycle and vehicular access can be provided between the site and
surrounding residential areas;
(g)
Whether the character of the proposed residential development
and that of the surrounding area are compatible with a public and/or
recreational use;
(h)
Whether the anticipated population of the proposed residential
development, together with the population density of surrounding neighborhoods,
is sufficient to justify development and long-term maintenance of
a park, playground or other recreation facility at the location;
(i)
Whether the site is located near or duplicates recreation facilities
already provided in the area, particularly those providing the same
type of recreation opportunities, including facilities located on
public school grounds; and
(j)
Whether development and long-term maintenance of the site would
place an undue burden on the City of Poughkeepsie Department of Public
Works, given other commitments and priorities of that Department;
(k)
Whether the site contains any unique and significant physical,
aesthetic or ecological features that would make it particularly suited
for environmental education, trail development, a nature preserve,
or other passive recreation use;
(l)
Whether reservation of the land is consistent with recommendations
contained in the Town Plan and/or the Master Plan for Parks and Recreation
in the City of Poughkeepsie, if any, in effect at the time the development
application is made; and
(m)
Whether reservation of the land is consistent with the general
goals and objectives of the City of Poughkeepsie Department of Public
Works, with respect to parks and recreation facility development.
(3)
Ownership of park area. The ownership of a reservation
for park purposes shall be clearly indicated on the site plan or subdivision
and established in a manner satisfactory to the Planning Board so
as to insure its proper future continuation and maintenance. The Planning
Board may require:
(a)
A metes and bounds description of the site that is proposed
to be reserved for public park, playground or recreational purposes;
and
(b)
The placing of deed restrictions upon the site. Said deed restrictions
shall be in a manner and form acceptable to Corporation Counsel and
shall indicate that the land is so reserved for park, playground or
recreational purposes and cannot be further subdivided or built upon
except for such purposes. Said deed restrictions shall be filed in
the office of the County Clerk, and upon their filing the land so
reserved shall become part of the Official Map of the City of Poughkeepsie.
(4)
Where the Planning Board makes a finding that the proposed subdivision
or site plan presents a proper case for requiring a park or parks
suitably located for playground or other recreational purposes, but
that a suitable park or parks of adequate size cannot be properly
located on such site plan or subdivision, the Planning Board may require,
as a condition to the approval of the site plan or subdivision, a
payment to the City of Poughkeepsie of a sum of money in an amount
to be determined and set annually, by resolution of the Common Council.
Fees imposed pursuant to this article shall be paid prior to final
site plan or subdivision approval and shall be set aside in a fund
to be exclusively for park, playground or other recreational purposes,
including acquisition of property for use as park or playgrounds.
(5)
Expenditures from Recreation Fund. All expenditures
from the Recreation Fund shall be made at the recommendation of the
Commissioner of Public Works and consent of the Common Council.
(6)
Applicability. This section shall apply to all current
and future application for site plan or subdivision approval containing
residential units.
[Added 9-9-2019 by L.L. No. 2-2019]
(1)
Purpose. The purpose of this section is to protect natural resources in the City of Poughkeepsie by adopting a Natural Resources Inventory and requiring consideration of future development's impacts upon these natural resources. The City of Poughkeepsie's protection and sustainable use of its natural resources will protect the rights of residents, both present and future, to clean air, pure water, and the natural, scenic, and aesthetic values of the environment, as set forth in Article XIV, § 4, of the New York State Constitution. The City of Poughkeepsie's quality of life will be enhanced by the sustainable management of its natural resources, including diverse habitats, natural systems and cultural resources. Such features have been identified in the City of Poughkeepsie Natural Resources Inventory as adopted by the Common Council (the "NRI"), as it may be amended from time to time. The identification and mapping of natural resources by the City shall be in accordance with the New York General Municipal Law § 239-y and the City of Poughkeepsie Comprehensive Plan. The incorporation of natural and cultural resource information into the decision-making processes identified herein will enable the City of Poughkeepsie to balance its responsibility to promote the economic well-being of City residents, while protecting the integrity and value of the City of Poughkeepsie's natural resources, including the City of Poughkeepsie's soils, water resources, habitats and wildlife, and other significant environmental resources. This section, adopted pursuant to New York Municipal Home Rule Law § 10, Subdivision 1(ii)a(11), requires that all new development subject to Article VI of Chapter 19 of the Code of Ordinances of the City of Poughkeepsie shall take into consideration the City of Poughkeepsie NRI.
(2)
Natural resource identification. The Common Council shall adopt a
document containing specific natural and cultural resources known
as the "NRI," which document shall be incorporated into the Planning
Board's review process subject to Article XIV. NRI resources are to
include, but are not limited to:
(a)
Water resources, including aquifers; streams and waterbodies
with their state water quality classification; floodplains; and wetlands
and vernal pools, whether or not they are protected by local, state
or federal regulations.
(b)
Vegetation, including community types; forested areas; grasslands,
meadows, and shrublands; significant trees, defined as all trees over
eight inches in diameter at breast height, trees at the limit of their
range, and trees over 100 years old; New York State listed endangered,
threatened, rare, and exploitably vulnerable plants or the New York
State rare plant status lists; locally significant vegetation; rare
or high-quality examples of natural ecological communities; stream
and riparian habitats; tidal wetlands and shoreline habitats; unfragmented
habitat blocks and significant biodiversity areas; and vegetation
resources on parcels that connect to such resources on adjoining or
nearby public lands/protected areas.
(c)
Wildlife "Species of Greatest Conservation Need," as defined
by the State of New York, including but not limited to breeding birds,
reptiles, amphibians and mammals.
(d)
Geology and soils with particular attention to hydric, prime
farmland, and soils of statewide significance.
(e)
Elevation, aspect and slope, including rock outcrops, steep
slopes of 10% to 15% and 15% or greater, ridgelines, stone walls,
and unique geologic features.
(f)
Cultural resources, including locally significant as well as
state and national historic sites, buildings, and districts; scenic
resources; recreation resources; agricultural districts; active farmland;
and lands conserved through public ownership or private conservation
restrictions.
In all land use decisions subject to this Article VI, the NRI shall be considered by the Planning Board to ensure proposed land uses are compatible with existing natural resources by minimizing impacts and providing acceptable mitigation measures when certain impacts cannot be avoided. Proposed lot layouts and development should be designed and arranged to avoid impacts to features identified in the NRI.
(3)
Applicability. For all subdivision, special permit uses, uses requiring site plan approval, or other City of Poughkeepsie development reviews subject to Article VI of Chapter 19 of the Code of Ordinances of the City of Poughkeepsie that are subject to SEQR, the applicant must provide an analysis of and disclose any potential impacts on any natural resource identified in the NRI. Each application under Article VI of Chapter 19 of the Code of Ordinances of the City of Poughkeepsie shall contain a conservation analysis, consisting of inventory maps, description of the land, and an analysis of any potential impacts to various site features identified in the NRI. The conservation analysis shall be on a form provided by the City of Poughkeepsie. No application under Article VI of Chapter 19 of the Zoning Code of the City of Poughkeepsie will be acted upon without a fully completed conservation analysis.
(4)
Interpretation. This section shall be deemed an exercise of the powers
of the City of Poughkeepsie to preserve and improve the quality of
the physical and visual environment on behalf of the present and future
inhabitants thereof. The Planning Board, with the assistance of the
City Planner, as part of its review under the New York State Environmental
Quality Act (SEQR), shall ensure that proper protections of natural
resources identified in the NRI are incorporated into the design of
projects and mitigate, to the extent possible, impacts on those natural
resources. The Director of Planning is authorized to implement policies
and procedures, consistent with this section, which would enable applicants
to know well in advance what will be required during the City of Poughkeepsie's
review of applications, thus avoiding unnecessary delay and expense
during the review process. The NRI review process will enable the
Planning Board to make better decisions, establish consistent standards
for development proposals, fulfill regulatory obligations imposed
by SEQR, and protect and maintain natural resources while preserving
the economic viability within the City of Poughkeepsie.
(5)
CONSERVATION ANALYSIS
NATURAL RESOURCES INVENTORY
Definitions. Except as defined herein, all words used in this section
shall carry their everyday dictionary definition. Unique terms used
throughout this section are defined as follows:
An analysis on a form as prescribed by the City of Poughkeepsie
consisting of, at a minimum, a copy of the Natural Resources Inventory
maps, description of the land, and any potential impacts to site features
identified in the Natural Resources Inventory.
An inventory of specific natural resources identified by
the City and approved by the Common Council which are characterized
by natural scenic beauty or whose existing openness, natural condition
or present state of use, if preserved, would enhance the present or
potential value of abutting or surrounding development or would establish
a desirable pattern of development or would offer substantial conformance
with the planning objectives of the City of Poughkeepsie or would
maintain or enhance the conservation of natural or scenic resources.
