It is the purpose of the Planned Waterfront Development District
(PWDD) to encourage a mix of water-dependent and enhanced uses which
benefit from or take advantage of proximity to the river. Development
of these uses will be subject to standards and a review process which
provide that environmental features, including steep escarpments and
ravines, wetlands, riverflats and indigenous vegetation, are protected
and that opportunities for public access to the riverfront are retained
and enhanced. It is also intended that landowners be provided with
the ability to develop such a planned use development as an incentive
for providing public access and amenities to and along the river.
This article is adopted under the authority of the Municipal
Home Rule Law and Article 42 of the Executive Law, entitled the "Waterfront
Revitalization of Coastal Areas and Inland Waterways Act."
In addition to the powers and duties conferred upon the Planning
Board pursuant to Article 16 of the Town Law, § 27-a of
the Town Law is superseded to empower the Planning Board to review
and approve, disapprove or approve with modifications designs and
plans for a planned use development within the PWDD.
In conducting its review of the proposed planned unit development,
the Planning Board shall be guided by the same considerations applicable
in the case of site plan review, as well as the Local Consistency
Law and the Town of North Greenbush Local Waterfront Revitalization
Program.
The district shall include all lands within the Town between
the eastern shore of the Hudson River and the 150-foot contour line
or a line 2,000 feet from the eastern shore, whichever is closest
to the shoreline. The Official Zoning Map[1] shall be amended in accordance with this article to clearly
demarcate the district.
[1]
Editor's Note: The Zoning Map is on file in the office of
the Township Clerk.
A.
Uses permitted by right. The following uses are permitted by right:
(1)
One-family residences and customary residential garages and
sheds in compliance with the following area and bulk regulations:
B.
Uses permitted in a planned use development.
(1)
The following uses are permitted in a planned use development upon approval of site plans in accord with the standards and procedures set forth below and in § 197-104 below:
(a)
Marinas, boat launches, docks and similar public and private
recreational uses.
(b)
Facilities for the transfer of passengers between waterborne
transportation and other means of transportation.
(c)
Hotels, conference centers, offices, restaurants and supporting
facilities.
(d)
Cultural, educational and scientific uses.
(e)
Navigational aids and shoreline protection structures.
A.
No structure shall exceed 40 feet in height. The Planning Board may
authorize structures up to 80 feet in height, provided that the Planning
Board makes written findings that both of the following are satisfied:
(1)
The Town official responsible for fire prevention has certified
that the Town has appropriate equipment to provide adequate firefighting
services for such structures; and
(2)
The wooded backdrop of the escarpment is not interrupted in
a way that would diminish the visual relief it provides from adjacent
urban development nor in a way that would make the Town's waterfront
area simply a continuation of this development.
B.
All structures shall be set back at least 40 feet from the river's
edge except for those structures which house or are water-dependent
uses as defined in the Town of North Greenbush Local Waterfront Revitalization
Program.
C.
Total coverage by roads, rooftops, parking lots or other impermeable
surfaces shall not exceed 1/3 of the gross site area of all lands
west of the railroad and held in single ownership on the effective
date of this article. This ratio shall be maintained regardless of
future subdivision of the site.
D.
With the exception of one access road and related improvements, no
permanent structure shall be located in any area where the average
grade for a distance of 50 feet exceeds 10%.
E.
Parking shall be provided in accord with the following standards:
(1)
Marinas: two spaces for every three slips.
(2)
Hotels and conference centers: 1.5 spaces per room.
(3)
Residential: 1.5 spaces per dwelling unit.
(4)
Uses not listed: based on the analysis of the specific use and
its traffic-generating characteristics.
(5)
Joint use of spaces: In the case of two or more uses located
on the same site, the sum of the space required for all uses individually
may be reduced to an amount no less than 125% of the largest number
of spaces required by any single use, upon a determination by the
Planning Board that such a reduced amount of parking space will be
adequate to serve all uses on the lot due to their different character
and hours of operation.
F.
No sign shall be visible from beyond the site with the exception
of one unlighted sign not to exceed 20 square feet in area or 10 feet
in height.
A.
Site plans for all uses shall be required in accord with the provisions of Chapter 155, Site Plan Review, of the Town Code.
B.
In its review of site plans, the Planning Board shall consider the
following guidelines:
(1)
The location, design, color and materials of buildings should
be such as to minimize their visibility from the river and the opposite
shore.
(2)
Existing vegetation should be preserved to the greatest extent
feasible where it provides natural screening, contributes to wetland
or wildlife resources or is a significant or unusual species. New
plantings should be used to maintain the natural, informal aspect
of the site.
(3)
All utilities shall be placed underground to the maximum extent
feasible.
(4)
Lighting should be spaced, shielded and directed to minimize
glare and visibility from the river and the opposite shore.
(5)
Marina design should consider prevailing winds and navigation
patterns, include at least one boat-launching facility and utilize
natural vegetation and existing waterways as appropriate to minimize
disturbance along the river shore. Marinas shall be designed to maintain
proper circulation and flushing and avoid creation of "dead" areas.
Marina sanitation pumpout facilities shall be provided in any marina;
restrooms available to the public shall be provided in any marina
open to the general public.
(6)
A public walkway shall be provided from the Town Park through
the site to the City of Rensselaer line. Such walkway shall be within
a thirty-foot nonextinguishable easement to the Town Board for the
people of and visitors to the Town of North Greenbush. The walkway
shall be generally located between the developed portion of the site
(buildings and parking lots) and the water's edge, shall be integrated
with natural features such as mature vegetation and wetlands and shall
provide opportunities for views to the river and the wetlands. Walkways
shall also be screened from adjacent service areas, shall be suitably
surfaced for pedestrian use and shall be provided with benches, lighting
and observation points at appropriate locations.
(7)
Proposals for the access road shall include the following:
(a)
Identification of pertinent visual analysis factors, such as
landscape characteristics; areas where a concentration of viewers
is likely, such as parks and recreation areas; prominent landforms
which have inherent scenic qualities and/or could result in high visibility
of the road if traversed; and routing factors, such as the use of
vegetation and topography for screening and backdrop effects; and
(b)
Analysis of the road alignment in terms of compatibility with
existing features (form, scale); enhancement or degradation of the
overall landscape quality; impact where there are likely to be high
numbers of viewers; and visibility of the road in terms of degree,
distance and place in the landscape (foreground, background). This
analysis should take into consideration the visual compatibility of
the proposed road with existing and proposed natural and artificial
features along the waterfront.
In addition to the criteria set forth in § 197-61, the following criteria shall apply to uses listed in § 197-102B above:
A.
All uses permitted subject to a special permit shall comprise no
more than 20% of the gross occupied floor area on the site at any
time.
B.
Any use not specifically listed as permitted by right shall only
be allowed upon a finding that is integrally related to other site
uses, consistent with the purpose of this district and conforms to
the schematic master plan for the site and the Town's Local Waterfront
Revitalization Program.
No site plan shall be approved for any uses which will result
in cumulative development in the district exceeding 5,000 square feet
of floor area or 25 parking spaces until the following actions have
been completed:
A.
A schematic site master plan has been prepared for the entire site held in single ownership on the effective date of this article, indicating the approximate size, height and location of structures, systems of vehicular and pedestrian circulation and parking, the location and general character of open space and recreation facilities and the general design and location of utility systems. The purpose of the schematic master plan is to provide a sufficient basis for evaluation of potential environmental effects as required in Subsection B below; it is not intended to be a detailed design nor an approval action by the Town, but, rather, to establish the basic parameters within which future detailed design and development will take place.
B.
A generic environmental impact statement (GEIS) shall have been prepared
based on the schematic site master plan and, along with the requirements
of SEQRA and its regulations, shall include the following elements:
(1)
An analysis of the impact on the wetlands and wildlife habitats,
including plans to restore and/or enhance existing features, and measures
to mitigate identified impacts.
(2)
Analysis of the visual impact of development as viewed from
the Hudson River and the opposite shore.
(3)
Evaluation of the impacts of site disturbance, drainage patterns,
erosion protection measures and site maintenance and usage on water
quality in the river.
(4)
Analysis of the impacts of road construction, drainage improvements
and vegetation removal on the unstable soils of the steep slopes above
the river and mitigation measures to prevent adverse impacts.
