Town of Amenia, NY Article IV Overlay District Regulations

§ 121-13 Floodplain Overlay District (FPO).

A. General. The provisions of Chapter 67, Flood Damage Prevention, are incorporated herein by reference and shall apply in addition to any other applicable zoning or building regulations.

B. Boundaries. The Floodplain Overlay District shall be the one-hundred-year floodplain, as shown on the Zoning Map.[1][2]

[1] Editor's Note: See the Hydrological Overlay Districts Zoning Map, a copy of which is included at the end of this chapter

[2]

C. Restrictions. In addition to any restrictions, requirements, or permits imposed or required by Chapter 67, no new structure intended for residential use and no new septic tank, leach field, or other sanitary sewage system shall be located within the Floodplain Overlay District. This shall not prevent the replacement of existing facilities.

D. Within the Floodplain Overlay District all of the underlying land use district regulations shall remain in effect, except those that are modified by this section or the Overlay District Use Table included at the end of this chapter.

[Added 11-20-2019 by L.L. No. 2-2019]

§ 121-14 Stream Corridor Overlay District (SCO).

A. Findings and purpose. The Town of Amenia finds that special protection of the Town's stream corridors is necessary to preserve their scenic character, biodiversity, and water quality. The purpose of this section is to regulate land uses within stream corridors to protect water quality, scenic resources, and the overall appearance of the community, as well as to reduce the risk of damage from flooding.

B. Boundaries. The Stream Corridor Overlay District includes all land lying within 150 feet of the top of the bank on each side of the Webutuck Creek, Wassaic Creek, Amenia Creek, Ten Mile River, and other streams classified by the New York State Department of Environmental Conservation, if shown on the Hydrological Overlay Districts Map.[1] Where there is no clearly defined bank, the district boundary shall be measured from the mean high-water line of the stream. Certain areas in the hamlets of Amenia and Wassaic and in the MCO District have been excluded from this overlay district, as shown on the map.

[1] Editor's Note: A copy of said map is included at the end of this chapter.

C. Within the Stream Corridor Overlay District all of the underlying land use district regulations shall remain in effect, except those that are modified by this section or the Overlay District Use Table included at the end of this chapter.

[Amended 11-20-2019 by L.L. No. 2-2019]

D. Setbacks. Within the SCO District, no principal structure shall be located within 100 feet of a watercourse, and no accessory structure 200 square feet or larger shall be located within 50 feet of a watercourse. These setbacks shall not apply to docks, piers, bridges, and other structures which by their nature must be located on, adjacent to, or over the watercourse. For purposes of determining setbacks, measurements shall be horizontal distances measured from the top of the bank or mean high-water line, as appropriate. For lots in existence as of July 19, 2007, and for any project for which an environmental impact statement has been prepared, the Planning Board may modify these setback requirements, provided that the Planning Board finds that the proposed construction will comply with Subsection E(3) below.

E. Site plan approval requirement.

(1) Within the SCO District, site plan approval shall be required for the following:

(a) Construction of any structure greater than 500 square feet in footprint area.

(b) Within any one-year period:

[1] Filling or excavation of an area in excess of 5,000 square feet.

[2] Clear-cutting of more than 10,000 square feet of vegetation on any parcel.

[3] Grading or other alteration of more than 10,000 square feet of the natural landscape.

(2) Within the SCO District, the site plan approval requirement shall not apply to:

(a) Agricultural uses.

(b) The repair and maintenance of existing structures.

(c) Activities carried out pursuant to a site plan or special use permit approved prior to the enactment of this § 121-14 and still in effect.

(3) Within the SCO District, the Planning Board may grant site plan approval only if it finds that, with appropriate conditions attached, the proposed activity:

(a) Will not result in degradation of scenic character and will be aesthetically compatible with its surroundings.

(b) Will not result in erosion or stream pollution from surface or subsurface runoff. In making such determination, the Planning Board shall consider slopes, drainage patterns, water entry points, soil erosivity, depth to bedrock and high-water table, and other relevant factors.

(c) Will comply with other applicable provisions of this chapter.

(4) If a special permit, site plan, variance, or subdivision approval is required in connection with a project subject to this § 121-14, the requirements of this section shall be considered in such proceeding, and no separate site plan approval shall be required.

F. Erosion and stormwater control plan requirement. For any special permit, site plan, or subdivision application in which the area to be disturbed lies partially within the SCO District, an erosion and sediment control plan shall be required pursuant to § 121-32 if the total disturbed area (including portions outside the SCO District) exceeds 10,000 square feet.

§ 121-14.1 Scenic Protection Overlay District (SPO).

A. Findings and purpose. Special protection of scenic road corridors, the Harlem Valley Rail Trail, and highly visible scenic areas is necessary to preserve the attractive rural, historic and agricultural qualities of the Town. The purpose of this section is to regulate land uses within designated scenic areas to protect the Town’s scenic beauty and rural character. This section is intended to apply to those areas that are visible to the public and that substantially retain their scenic character and/or that lie within important scenic viewsheds.

[Amended 10-20-2011 by L.L. No. 3-2011]

B. Boundaries. The SPO District includes all land shown on the Scenic Protection Overlay District Zoning Map as part of the SPO District, including identified scenic areas visible from public viewpoints, and land lying within 800 feet of the right-of-way of New York State Routes 44, 22, and 343 and within 500 feet of any other designated roads or the Harlem Valley Rail Trail. As used herein, the term "scenic road" shall be defined to include only specifically designated segments of road or rail trail corridors.

[Amended 10-20-2011 by L.L. No. 3-2011]

C. Within the Scenic Protection Overlay District all of the underlying land use district regulations shall remain in effect, except those that are modified by this section or the Overlay District Use Table included at the end of this chapter.

[Amended 11-20-2019 by L.L. No. 2-2019]

D. Site plan approval requirement. Within the SPO District, site plan approval shall be required for the following uses and activities (including residential uses that are otherwise allowed without site plan review by the Use Table in § 121-10[1]):

(1) Construction of any structure or any addition to a structure where the size of the new structure or addition will be greater than 500 square feet in footprint area, including residential structures.

(2) Within any one-year period, in any location that is visible from a publicly accessible place (as defined in § 121-74) when there are no leaves on the trees:

(a) Filling or excavation of an area in excess of 5,000 square feet.

(b) Clear-cutting of more than 5,000 square feet of vegetation on any parcel.

(c) Grading or other alteration of more than 5,000 square feet of the natural landscape, including construction of roads and driveways.

[1] Editor's Note: The Use Table is included at the end of this chapter.

E. Site plan approval exemptions. Within the SPO District, the site plan approval requirement shall not apply to:

(1) Agricultural uses, except for agricultural structures with a footprint exceeding 10,000 square feet.

(2) The repair and maintenance of existing structures.

(3) Activities carried out pursuant to a site plan or special use permit approved prior to the enactment of this section and still in effect.

(4) Clearing and grading associated with construction of unpaved hiking trails.

(5) Any other activity not included in Subsection D above.

F. General standards. Within the SPO District, site plan approval may only be granted if, with appropriate conditions attached, the proposed activity:

(1) Will not significantly impair scenic character and will be aesthetically compatible with its surroundings.

(2) Will minimize the removal of native vegetation, except where such removal may be necessary to open up or prevent the blockage of scenic views and panoramas from publicly accessible places.

(3) Will locate and cluster buildings and other structures in a manner that minimizes their visibility from public places.

(4) Will be at least 40 feet below the crest line of any ridge and will not disturb the continuity of the treeline when viewed from a publicly accessible place. As used herein, "crest line" means the natural ground elevation of the land. The only portions of a structure that may project higher than 40 feet below the crest line shall be a chimney, satellite dish, antenna, or cupola, which shall not be higher than 30 feet below the crest line.

(5) Will not result in clearing a building site area, including accessory structures and parking areas (excluding the area required for driveway and utility access), greater than 30,000 square feet in area for a single-family residence. This building site area shall be designated on the approved plan by a "building envelope," and all buildings and parking areas shall be located within the building envelope, except where additional clearing is required by the County Health Department for siting a subsurface sewage disposal system. Clearing for such disposal systems shall occur, to the maximum extent practical, where it will not detract from the visual protection purposes of this section.

(6) Will comply with the requirements in Subsections G through J below, except where site features are screened from public roads or trails.

G. Landscape.

(1) A continuous green buffer, at least 100 feet deep along Routes 44, 22, and 343 and 50 feet deep along the other scenic roads or trails, shall be maintained. This buffer shall consist of native trees and shrubs, as well as fields, meadows, and lawn areas. Bikepaths and/or sidewalks may be constructed within this landscaped buffer. This buffer requirement shall not apply in the immediate area around existing residences located within the buffer area.

(2) Shade trees at intervals averaging every 50 feet, or other plantings consistent with the aesthetic character of the landscape, shall be provided within 25 feet of the right-of-way. Such trees or other plantings shall not be required where they would block scenic views. An applicant for site plan or special permit approval shall not be required to plant more than one shade tree per 1,000 square feet of floor area proposed to be developed on the parcel.

(3) To the maximum extent practical, existing trees, lawns, and shrubs shall be preserved, unless they are proposed to be replaced by native trees or other native vegetation deemed appropriate by the Planning Board.

(4) Trees shall be planted as deemed necessary by the Planning Board to reduce visibility of new structures from public roads or trails.

(5) Clear-cutting of trees shall be prohibited in any location where such clear-cutting would alter the crest line of a ridge when that crest line is viewed from any publicly accessible place.

H. Architecture.

(1) Existing structures with historic or architectural significance shall be retained to the extent practical. Alterations to such structures shall be compatible with the architecture of the existing structure. New structures shall be compatible with the historic structures in their vicinity.

(2) Buildings visible from public roads or trails, including canopies for accessory facilities, shall have peaked roofs with a slope of at least 8:12, except that hip roofs with a slope of at least 4:12 and flat roofs that are hidden by a raised cornice shall also be permitted.

(3) Windows shall be vertically proportioned and balanced on facades, with width to height ratios ranging from 1:2 to 3:5. Horizontal windows may be used just below roof eaves ("eyebrow" windows) and as first-floor display windows.

(4) The Planning Board shall consult the Building Form Guidelines referred to in § 121-5 in considering any applications under this section.

I. Fences. Chain link fences and stockade or other fence designs that block visual access to land in a scenic road corridor shall be prohibited, unless such fences are necessary to screen a preexisting use that does not conform to the requirements of this section.

J. Rural siting principles. New development in the SPO District shall comply with the rural siting principles in § 121-31.

K. Balloon testing and photographic simulations. In connection with its review of a site plan review application within the SPO District, the Planning Board may require the applicant to conduct a balloon test where the location is near a ridgeline in order to determine whether or not a proposed structure or activity will project above the crest line when viewed from a publicly accessible place or otherwise adversely affect scenic quality. The Planning Board may also require an applicant to prepare photographic simulations for the same purpose.

L. Waivers. The Planning Board may waive one or more of the specific requirements of this § 121-14.1 upon a written finding that such waiver will not impair the scenic preservation purposes of the SPO District. Any development which is the subject of a detailed visual assessment as part of an environmental impact statement shall be eligible for such waivers if supported by SEQR findings.

§ 121-14.2 Historic Preservation Overlay District (HPO).

A. Findings and purpose. Special protection of historic hamlets and individual structures is necessary to preserve the attractive rural and historic quality of the Town. The purpose of this section is to regulate construction, alteration, and demolition that affects identified historic areas and parcels with historic structures.

B. Boundaries. The HPO District includes all land and buildings shown as the Historic Preservation Overlay District on the Amenia Land Use and Development Overlay Districts Zoning Map.[1]

[1] Editor's Note: A copy of said map is included at the end of this chapter.

C. Within the Historic Preservation Overlay District all of the underlying land use district regulations shall remain in effect, except those that are modified by this section or the Overlay District Use Table included at the end of this chapter.

[Amended 11-20-2019 by L.L. No. 2-2019]

D. Site plan approval requirement. Within the HPO District, site plan approval shall be required for the following activities (including residential uses that are otherwise allowed without site plan review by the Use Table in § 121-10):

(1) Construction of any structure or any addition to a structure where the size of the new structure or of the addition will be greater than 200 square feet in footprint area, including residential structures.

(2) Demolition of any structure more than 65 years old.

(3) Alteration of any structure, including re-siding, reroofing, window replacement, or other alterations that change the exterior appearance, excluding painting, repairs, and maintenance.

E. Site plan approval exemptions. Within the HPO District, the site plan approval requirement shall not apply to:

(1) Agricultural uses, except for agricultural structures with a footprint exceeding 10,000 square feet.

(2) The repair and maintenance of existing structures.

(3) Activities carried out pursuant to a site plan or special use permit approved prior to the enactment of this section and still in effect.

(4) Any construction, addition, or alteration which is not visible from a public road or street when the leaves are off the trees.

F. General standards.

(1) No construction or alteration shall be approved which will detract from the historic character of the structure being enlarged or altered or from the historic character of the setting in which the proposed structure or alteration is located.

(2) The Planning Board shall refer to the Building Form and Hamlet Design Guidelines referred to in § 121-5 for guidance.

(3) The Planning Board may also refer any application under this section to the Amenia Historical Society, the Dutchess County Historical Society, and/or the New York State Historic Preservation Office for their opinion as to the historic significance of the structure and recommendations on appropriate restrictions on construction or alteration. If no response is received within 30 days of such referral, the Planning Board may proceed in the absence of such response.

(4) Listing or eligibility for listing of a property on the National Register of Historic Places or the State Register of Historic Places shall create a presumption of the historic significance of a property. However, other properties not so listed or documented as eligible for listing may still be considered historic under the provisions of this section.

G. Architectural standards.

(1) Existing structures with historic or architectural significance shall be retained to the extent practical. Alterations to such structures shall be compatible with the architecture of the existing structure. New structures shall be compatible with the historic structures in their vicinity.

(2) Buildings visible from public roads or trails, including canopies for accessory facilities, shall have peaked roofs with a slope of at least 8:12, except that hip roofs with a slope of at least 4:12 and flat roofs that are hidden by a raised cornice shall also be permitted.

(3) Windows shall be vertically proportioned and balanced on facades, with width to height ratios ranging from 1:2 to 3:5. Horizontal windows may be used just below roof eaves ("eyebrow" windows) and as first-floor display windows.

H. Demolition restrictions.

(1) The Planning Board shall refer any application involving demolition to the Amenia Historical Society, the Dutchess County Historical Society, and the New York State Historic Preservation Office for their opinion as to the historic significance of the structure proposed for demolition.

(2) No structure greater than 65 years old shall be demolished without a public hearing held pursuant to § 121-62E through G. This hearing requirement may be waived by the Planning Board if it finds that the structure has minimal historic value and/or that it is in a condition that is so seriously deteriorated that it cannot be economically restored and/or must be demolished for safety reasons.

(3) If the Planning Board determines that the structure has historic value and should be preserved, the applicant shall advertise it for 60 days as available to be moved off the site to another location. The applicant shall be obligated to pay the moving costs up to the amount deemed by the Planning Board to be equivalent to the cost of demolishing the structure. If no person agrees to remove the structure at the end of 60 days, the applicant shall be permitted to demolish the structure.

I. Adaptive reuse. The Town wishes to preserve the historic character and economic viability of important historic properties by allowing opportunities for flexible adaptive reuse and expansion while protecting the historic character of the property and the surrounding area. The Planning Board may, by special permit, allow an adaptive reuse development of land and buildings on a parcel of at least five acres within the HP Overlay District subject to following conditions:

(1) The applicant shall submit a plan to preserve, maintain, restore, and/or renovate existing historic structures on the property and to place a historic preservation easement on the property to maintain its historic character.

(2) The uses to be allowed on the property may include:

(a) All uses allowed in the underlying district.

(b) Lodging facilities, meeting rooms, health spas, and conference facilities.

(c) Restaurants.

(d) Retail, recreational, and service businesses associated with the proposed reuse of the historic structures.

(e) Light industrial, warehousing, and other uses related to the historic function of the land or structures.

(f) Riding academy and other equestrian uses.

(g) Multifamily dwellings.

(h) Such other uses as may be approved by the Planning Board in issuing a special permit consistent with the purposes of the HP Overlay District.

(3) Conservation and historic preservation analysis requirement. For any application for subdivision or any development that involves uses other than those allowed in the underlying district or residential density greater than allowed in the underlying district, the applicant shall prepare a conservation analysis of the land as described in § 121-20A as well as an analysis of the historic and architectural character of the property and its immediate surroundings.

(4) Special permit for adaptive reuse plan. For any development that involves any uses other than those allowed in the underlying district, the applicant shall prepare an adaptive reuse plan for the entire site. The adaptive reuse plan shall require special permit approval by the Planning Board and shall be consistent with the Town of Amenia Comprehensive Plan. An adaptive reuse plan shall be based upon the conservation findings and historic preservation analysis and shall include a conceptual site plan showing an open space system (including preserved open space), access and road layouts, locations and exterior elevations of existing and proposed buildings, including their uses, footprint, height, and total square footage, proposed recreational facilities, proposed utilities, including water supply and wastewater disposal, proposed architectural standards or covenants, and a phasing plan if the project is to be built in phases. The Planning Board shall review the special permit application as provided in §§ 121-60 through 121-63 and may attach such conditions as it finds necessary to ensure that the adaptive reuse plan will preserve the historic character of the site and be in harmony with surrounding land uses and the purposes of the HP Overlay District. Upon approval of the adaptive reuse plan and conceptual site plan with attached conditions on use and dimensional standards, site plan approval only shall be required to implement individual components of the proposed plan.

(5) Minimum open space and protection of resources. A minimum of 50% of the total land area of the parcel shall be preserved by a conservation and/or historic preservation easement based upon the conservation and historic preservation analyses. Priority in open space protection shall be given to historic structures and landscapes, land within the SPO and SCO Districts, ridgelines, unique ecosystems, prime agricultural land, and water resources. Preserved land under this subsection may include historic structures and groupings of structures, farmland and farm structures, ponds and streams, and recreational land such as golf courses, cross-country ski trails, equestrian trails, and hiking trails.

(6) Maximum impervious surface coverage and dimensional standards. Maximum impervious surface coverage, as defined in § 121-74, shall be 30% of the total site area, including preserved open space and historic areas. Land and buildings used exclusively to house employees of the development shall be entirely excluded from the calculation of impervious surface coverage, as an incentive to provide such housing on site. The density and dimensional standards in § 121-11 and the parking and loading requirements in § 121-38 shall not apply and are superseded by this subsection. Maximum building height shall be 35 feet except for historic structures. Other dimensional and density standards shall be as approved by the Planning Board in the adaptive reuse plan, based upon the physical characteristics of the site, the character of the proposed development, and the requirements of the SEQR process.

(7) Maximum residential density. The maximum number of dwelling units shall be 1.5 units per acre, counting the total acreage of the property without deductions for unbuildable land. Dwelling units and hotel rooms located within historic structures and workforce housing units shall not be included in this calculation. For purposes of this calculation, each hotel room located in a new structure shall be counted as 1/2 of a residential dwelling unit.

(8) Open space buffer requirements. An adaptive reuse plan shall provide open space buffers of at least 100 feet from any existing residential uses that are not on the property. Such buffers may be wooded or open and may contain trails but may not contain any buildings or other recreational structures. This requirement shall not apply where the residential uses to be buffered lie across a state or county highway from the adaptive reuse project. The adaptive reuse plan shall also screen any new development from adjoining public roads using natural topography and vegetation.

§ 121-15 Aquifer Overlay District (AQO).

A. Legislative findings, intent, and purpose. The Aquifer Overlay (AQO) District has been created to protect the health and welfare of residents of the Town of Amenia by minimizing the potential for contamination and depletion of the Harlem Valley's aquifer system. The entire Town of Amenia contains an aquifer system that has been divided into four categories described in Subsection B. This aquifer system provides drinking water to public water systems and private wells and also provides groundwater and surface water that is essential to the maintenance of healthy aquatic and terrestrial ecosystems. The Town has determined that a limiting factor on the carrying capacity of the land is its capability to provide water in sufficient quality and quantity so that water use by some users does not adversely affect other users. Another limiting factor on the carrying capacity of the land is its ability to absorb wastewater without adversely affecting the quality or quantity of groundwater and surface water necessary for water supplies and other needs of the natural and human environment. The purpose of these regulations is to protect the Town's groundwater aquifer system, to provide the most protective standards to those areas of the aquifer at greatest risk of contamination, and to manage development so that groundwater supplies are not depleted or degraded.

B. Delineation and regulatory effect of district.

(1) The Aquifer Overlay (AQO) District encompasses the entire Town of Amenia and includes two basic types of aquifers: the Valley Bottom Aquifer, containing significant amounts of groundwater located in areas that are generally more developed, and the Upland Aquifer, containing lesser quantities of groundwater and less development (see definitions in Subsection C below). The AQO District consists of three aquifer zones, two in the Valley Bottom Aquifer and one in the Upland Aquifer. These zones are designated as the Priority Valley Bottom Aquifer (PVBA), which is the aquifer area most susceptible to contamination that would affect public water supplies, the Buffered Valley Bottom Aquifer (BVBA), which is less susceptible than the PVBA because it is in an area serviced by public water systems, and the Upland Aquifer (UA) which consists of areas not covered by the Valley Bottom Aquifer zones. These zones are delineated on the Aquifer Overlay District Map.[1] There is also provision in this § 121-15 for an Upland Wellhead Protection Area (UWP), which has not been mapped at this time because the Upland Aquifer area does not presently contain any settlements with an intensity of development that would require additional groundwater protection. The UWP category has been established in this chapter for possible future mapping in the event that more intensive development occurs within the UA zone, resulting in the need to protect public water supply wellheads within this area. The Official Aquifer Overlay District Map can be found at the Town offices. A photo reduction of this map is attached to this chapter for reference purposes. The Aquifer Overlay (AQO) District Map and any amendments to it must be prepared or approved by a hydrogeologist working for the Town.

[1] Editor's Note: A copy of the Aquifer Overlay District Map is included at the end of this chapter.

(2) The Official Aquifer Overlay District Map shall be used to determine the boundaries of zones within the AQO District. In case of a question or dispute as to the exact location of a boundary on a specific parcel of land, the Town may retain a qualified hydrogeologist at an applicant's expense to make such a determination in the field based upon the criteria in this § 121-15. An applicant may challenge the Town's determination by retaining a qualified hydrogeologist to make such determination independently based upon the criteria in this § 121-15. In the event of such a challenge, the Town's hydrogeologist shall review the report of the applicant's hydrogeologist at the applicant's expense and shall make the final determination as to the location of the specific boundary. Any such boundary delineation shall not, by itself, effect a change in the AQO District Map. The AQO District Map may only be changed by action of the Town Board as provided in Subsection H.

(3) Within the Aquifer Overlay District, all of the underlying land use district regulations shall remain in effect, except those that are modified by this section or the Overlay District Use Table included at the end of this chapter. In case of conflict between this section and the underlying use regulations, the more restrictive shall control. Nothing in this section shall be construed to allow uses that are not permitted in the underlying land use district.

[Amended 11-20-2019 by L.L. No. 2-2019]

C. Definitions. For purposes of this § 121-15, the following definitions shall apply:

ACTION

A project or physical activity as defined in the SEQR regulations of the New York State Department of Environmental Conservation, 6 NYCRR Part 617, including all actions subject to SEQR that are covered by this chapter, as well as subdivision applications and other actions requiring local government approval under SEQR.

AQUIFER

A consolidated or unconsolidated geologic formation, group of formations or part of a formation capable of yielding a significant or economically useful amount of groundwater to wells, springs or infiltration galleries.

AQUIFER OVERLAY (AQO) DISTRICT MAP

The Town's overlay map showing Aquifer Overlay District zones.[2]

BUFFERED VALLEY BOTTOM AQUIFER (BVBA)

Areas delineated as Buffered Valley Bottom Aquifer (BVBA) on the Aquifer Overlay (AQO) District Map. As defined or approved by a hydrogeologist working for the Town, BVBA areas consist of regions within the Valley Bottom Aquifer (VBA) served by community water systems, where the sources of water supply for the community water system and for any other wells would not be substantially threatened by a contaminant release occurring within the BVBA. No portion of the BVBA may lie hydrogeologically upgradient of any wells, including wells used by the community water system.

COMMUNITY WATER SYSTEM

A public water system regulated by the New York State Department of Health that serves at least five service connections used by year-round residents or regularly serves at least 25 year-round residents.

CONDITIONALLY EXEMPT SMALL QUANTITY GENERATORS

As defined by the Resource Conservation and Recovery Act and amendments thereto, sites generating or storing less than 100 kilograms per month and 1,000 kilograms of listed and/or characteristic wastes, respectively, and generating and storing less than one kilogram per month and one kilogram of acutely hazardous waste, respectively.

CONSUMPTION OF WATER

The net loss of water from a watershed through evaporation and transpiration processes caused by any human activities and associated land uses, other than open space uses, including evaporative losses from septic system leaching lines. The definition of "consumption of water" includes the use of water in diluting wastewater discharges so that groundwater quality at the property line downgradient from the discharge will be 50% or less of the New York State Department of Environmental Conservation's Title 10, Part 703, Groundwater (GA) Water Standards, i.e., the DEC's groundwater contamination standards.

DISCHARGE

Any intentional or unintentional action or omission resulting in the releasing, spilling, leaking, pumping, pouring, emitting, emptying, or dumping of substances or materials into the waters of the state or onto lands from which the discharged substances or materials might flow or drain into said waters, or into waters outside the jurisdiction of the state, when damage may result to the lands, waters, or natural resources within the jurisdiction of the state.

GENERATOR OF HAZARDOUS WASTE

Any person or site whose act or process produces hazardous waste.

GROUNDWATER

Water contained in interconnected pores and fractures in the saturated zone in an unconfined aquifer or confined aquifer.

HAZARDOUS SUBSTANCE

Any substance, including any petroleum by-product, which may cause harm to humans or the environment when improperly managed. A complete list of all hazardous substances except for petroleum by-products can be found in 6 NYCRR Part 597.2(b), Tables 1 and 2, and amendments thereto.

HAZARDOUS WASTE

See 6 NYCRR Part 371 and amendments thereto for the identification and listing of hazardous wastes.

HERBICIDE

Any substance or mixture of substances intended to prevent, destroy, repel, or mitigate any weed, and being those substances defined as herbicides pursuant to Environmental Conservation Law § 33-0101, and amendments thereto.

LARGE QUANTITY GENERATOR

As defined by the Resource Conservation and Recovery Act and amendments thereto, sites generating more than 1,000 kilograms per month of listed and/or characteristic hazardous wastes, or generating or storing more than one kilogram per month and one kilogram of acutely hazardous waste, respectively.

MAJOR OIL STORAGE FACILITIES

Facilities with a storage capacity of 400,000 gallons or more of petroleum.

NATURAL RECHARGE

The normal rate at which precipitation enters the subsurface to replenish groundwater in aquifers, without interruption or augmentation by human actions or landscape modifications.

NONPOINT DISCHARGE

Discharges of pollutants not subject to SPDES (State Pollutant Discharge Elimination System) permit requirements.

PESTICIDE

Any substance or mixture of substances intended to prevent, destroy, repel, or mitigate any pest, and any substances intended for use as a plant regulator, defoliant or desiccant, and being those substances defined as pesticides pursuant to Environmental Conservation Law § 33-0101 et seq. and amendments thereto.

PETROLEUM

Oil or petroleum of any kind and in any form, including but not limited to oil, petroleum fuel oil, oil sludge, oil refuse, oil mixed with other waste, crude oil, gasoline and kerosene, as defined in 6 NYCRR Part 597.1(7) and amendments thereto.

POINT SOURCE DISCHARGE

Pollutants discharged from a point source as defined in Environmental Conservation Law § 17-0105 and amendments thereto.

POLLUTANT

Any material or by-product determined or suspected to be hazardous to human health or the environment.

PRIORITY VALLEY BOTTOM AQUIFER PVBA

The area delineated as the Priority Valley Bottom Aquifer (PVBA) on the Aquifer Overlay (AQO) District Map. As defined or approved by a hydrogeologist working for the Town, the PVBA consists of all areas within the Valley Bottom Aquifer (VBA) which are not included in Buffered Valley Bottom Aquifer (BVBA) areas.

RADIOACTIVE MATERIAL

Any material that emits radiation.

SMALL QUANTITY GENERATOR

As defined by the Resource Conservation and Recovery Act and amendments thereto, sites not meeting conditionally exempt small quantity generator status but which generate and store less than 1,000 kilograms per month and 6,000 kilograms of listed and/or characteristic wastes, respectively, and generating and storing less than one kilogram per month and one kilogram of acutely hazardous waste, respectively.

SOLID WASTE

Generally refers to all putrescible and nonputrescible materials or substances, except domestic sewage, sewage treated through a publicly owned treatment works, or irrigation return flows, that are discarded or rejected as being spent or otherwise worthless, including but not limited to garbage, refuse, industrial and commercial waste, sludges from air or water treatment facilities, rubbish, tires, ashes, contained gaseous material, incinerator residue, construction and demolition debris and discarded automobiles, as defined in 6 NYCRR Part 360-1.2(a) and amendments thereto.

STATE POLLUTANT DISCHARGE ELIMINATION SYSTEM (SPDES)

The system established pursuant to Article 17, Title 8, of the Environmental Conservation Law for issuance of permits authorizing discharges to the waters of the State of New York.

UPLAND AQUIFER (UA)

The area delineated as Upland Aquifer (UA) on the Aquifer Overlay (AQO) District Map. As defined or approved by a hydrogeologist working for the Town, the UA consists of all areas on the Aquifer Overlay (AQO) District Map not included in the Valley Bottom Aquifer (VBA) or in Upland Wellhead Protection (UWP) areas.

UPLAND WELLHEAD PROTECTION (UWP) AREAS

Areas delineated or to be delineated in the future as Upland Wellhead Protection (UWP) areas on the Aquifer Overlay (AQO) District Map. As defined or approved by a hydrogeologist working for the Town, UWP areas consist of wellhead protection areas for community water system wells not located within the Valley Bottom Aquifer (VBA). At a minimum, wellhead protection areas enclose all lands situated within 60 days' travel time (seepage velocity) from the community water system's wells and enclose sufficient land that average annual natural recharge in the UWP area matches the average water demand of the community water system.

VALLEY BOTTOM AQUIFER VBA

(1) The area delineated as the Valley Bottom Aquifer (VBA) on the Aquifer Overlay (AQO) District Map. As defined by a hydrogeologist working for the Town, the VBA consists of the following areas:

(a) All locations where outcrops of the Stockbridge Formation, as generally defined by New York State Museum Geologic Maps, are present at grade;

(b) All locations where the Stockbridge Formation is the first bedrock formation found under unconsolidated soil materials;

(c) All overburden soils (sand, gravel, clay, till, etc.) overlying the Stockbridge Formation;

(d) All locations which do not overlie the Stockbridge Formation but where moderately to highly permeable overburden soils (K > 10^-5 cm/sec), including stratified silt, sand, and/or gravel, are hydraulically connected to, and are substantially contiguous to, the Stockbridge Formation.

(2) The VBA includes the Priority Valley Bottom Aquifer (PVBA) and the Buffered Valley Bottom Aquifer (BVBA) areas.

WASTEWATER

Aqueous-carried solid or hazardous waste.

WATERSHED

That land area that includes the entire drainage area contributing water to the Town water supply and which includes the Aquifer Protection Overlay District.

WATER SUPPLY

The groundwater resources of the Town of Amenia or the groundwater resources used for a particular well or community water system.

WELL

Any present or future artificial excavation used as a source of public or private water supply which derives water from the interstices of the rocks or soils which it penetrates, including bored wells, drilled wells, driven wells, infiltration galleries, and trenches with perforated piping, but excluding ditches or tunnels, used to convey groundwater to the surface.

[2] Editor's Note: A copy of the Aquifer Overlay District Map is included at the end of this chapter.

D. General provisions of the Aquifer Overlay District.

(1) The manufacture, use, storage, or discharge of any products, materials or by-products subject to these regulations, such as wastewater, solid waste, hazardous substances, or any pollutant, must conform to the requirements of these regulations.

(2) Usage of water for proposed actions within the Aquifer Overlay (AQO) District shall be examined pursuant to SEQRA in accordance with the methodology set forth in Subsections F and G of this § 121-15.

(3) In addition to the list of statewide Type I actions contained in § 617.4(b) of 6 NYCRR, all proposed actions resulting in discharges exceeding standards provided in 6 NYCRR Part 703.6(e) and amendments thereto (groundwater contamination standards), and all proposed actions where water consumption exceeds natural recharge, as defined in Subsections F and G herein, shall be designated as Type I actions under the implementing regulations of the State Environmental Quality Review Act (6 NYCRR Part 617), unless the action is listed as a Type II action under such regulations.

(4) Installation of any underground fuel tank or tanks, whose combined capacity is less than 1,100 gallons, is prohibited in the Aquifer Overlay (AQO) District.

(5) This § 121-15 shall not apply to customary agricultural practices conducted in conformity with applicable rules of the New York State Department of Environmental Conservation and the New York State Department of Agriculture and Markets which are in conformance with a whole farm management plan approved by the Dutchess County Soil and Water Conservation District.

(6) This § 121-15 shall not apply to any single-family, two-family, or multifamily residential use of land containing five or fewer dwelling units or to any home occupation unless such residential use or home occupation includes one of the activities listed in Subsection E below.

E. Use and permit requirements in the Aquifer Overlay District. In accordance with Article IX of this chapter, the Planning Board shall review and act upon special permit applications within the Aquifer Overlay (AQO) District. If the uses listed below are regulated by any state or federal agency, the definitions of such uses and all applicable regulations under state and federal law shall apply.

(1) Special permits within the Priority Valley Bottom Aquifer (PVBA) and Upland Wellhead Protection (UWP) areas. The following uses, if permitted in the underlying land use district, shall require the issuance of a special permit within the Priority Valley Bottom Aquifer (PVBA) and the Upland Wellhead Protection (UWP) areas:

(a) Photo labs.

(b) Auto repair facilities and truck terminals, including engine repair and machine shops.

(c) Furniture stripper/painter, metal works, wood preservers.

(d) Printers and the use of printing presses.

(e) Conditionally exempt or small quantity generators of hazardous waste.

(f) Solid waste management facilities not involving burial, including incinerators, composting facilities, liquid storage, regulated medical waste, transfer stations, recyclables handling and recovery facilities, waste tire storage facilities, used oil, C&D processing facilities, each as defined in 6 NYCRR Part 360, and junk or salvage yards in general.

(g) Salt storage facilities.

(h) Uses where water consumption exceeds natural recharge.

(i) Cemeteries, including pet cemeteries.

(j) Veterinary hospitals and offices.

(k) Funeral parlors.

(l) Storage or disposal of manure, fertilizers, pesticides/herbicides. No special permit shall be required for storage of less than 500 pounds or where such storage or disposal is conducted in connection with a farm operation that is covered by the exemptions in § 121-37E.

(2) Special permits within the Buffered Valley Bottom Aquifer (BVBA) areas and the Upland Aquifer (UA). The following uses, if permitted in the underlying land use district, shall require the issuance of a special permit within the Buffered Valley Bottom Aquifer (BVBA) and Upland Aquifer (UA):

(a) Gasoline service stations.

(b) Major oil storage facilities.

(c) Junkyards and automobile cemeteries.

(d) Salt storage facilities.

(e) Conditionally exempt, small quantity, or large quantity generators of hazardous waste.

(f) Disposal of any hazardous waste, as defined in 6 NYCRR Part 371, by burial.

(g) Land application of septage, sludge, or human excreta, including land application facilities defined in 6 NYCRR Part 360-4.

(h) Cemeteries, including pet cemeteries.

(i) Veterinary hospitals and offices.

(j) Funeral parlors.

(k) Storage or disposal of manure, fertilizers, pesticides/herbicides. No special permit shall be required for storage of less than 500 pounds or where such storage or disposal is conducted in connection with a farm operation that is covered by the exemptions in § 121-37E.

(3) Application requirements. In addition to the special permit application requirements set forth in Article IX, applicants proposing actions listed in Subsection E(1) and (2) above that are located within the Aquifer Overlay (AQO) District shall identify the following as part of their applications:

(a) The source of water to be used;

(b) The quantity of water required;

(c) Water use minimization measures to be implemented;

(d) Water recycling measures to be implemented;

(e) Wastewater discharge measures;

(f) Grading and/or stormwater control measures to enhance on-site recharge of surface water;

(g) Point source or nonpoint discharges;

(h) A complete list of any hazardous substances to be used on site, along with quantity to be used and stored on site; and

(i) A description of hazardous substance storage or handling facilities and procedures.

(4) Special conditions for proposed uses within the Priority Valley Bottom Aquifer (PVBA) and Upland Wellhead Protection (UWP) areas requiring a special permit:

(a) Storage of chloride salts is prohibited except in structures designed to minimize contact with precipitation and constructed on low-permeability pads designed to control seepage and runoff.

(b) Generators of hazardous waste shall provide the Town with copies of all applicable permits provided by state and/or federal regulators and copies of all annual, incident, and remediation-related reports.

(c) Any projects where water consumption exceeds the natural recharge, as defined in Subsections F and G herein, shall demonstrate through SEQRA how such impact will be mitigated through, for example, compensatory recharge equal to the identified recharge deficit through a combination of artificial on-site or off-site recharge, or provision of compensatory natural recharge areas elsewhere in the Town.

(5) Special conditions for proposed uses within the Buffered Valley Bottom Aquifer (BVBA) areas and the Upland Aquifer (UA) areas requiring a special permit:

(a) Gasoline service station operators shall provide the Town with copies of all applicable permits provided by state and/or federal regulators and copies of all annual, incident, and remediation-related reports.

(b) Junkyard operators shall drain fuels, lubricants, and coolants from all cars stored on site to properly permitted aboveground holding tanks, provide to the Town copies of all applicable permits provided by state and/or federal regulators and copies of all annual and incident reports, provide the Town with an annual summary of numbers of vehicles on site and total gallons of various classes of fluids drained from vehicles and disposal manifests or other documentation of disposition of such fluids.

(c) Storage of chloride salts is prohibited except in structures designed to minimize contact with precipitation and constructed on low-permeability pads designed to control seepage and runoff.

(d) Storage of coal and/or cinders is prohibited except in structures designed to minimize contact with precipitation and constructed on low-permeability pads designed to control seepage and runoff.

(e) Generators of hazardous waste shall provide the Town with copies of all applicable permits provided by state and federal regulators and copies of all annual, incident, and remediation-related reports.

(f) Any projects where water consumption exceeds the natural recharge, as defined in Subsections F and G herein, shall demonstrate through SEQRA how such impact will be mitigated through, for example, compensatory recharge equal to the identified recharge deficit through a combination of artificial on-site or off-site recharge, or provision of compensatory natural recharge areas elsewhere in the Town.

(6) Prohibited uses within the Priority Valley Bottom Aquifer District (PVBA) and Upland Wellhead Protection (UWP) areas:

(a) Municipal, private and C&D landfills as defined in 6 NYCRR Part 360-2 and 6 NYCRR Part 360-7.

(b) Land application of septage, sludge, or human excreta, including land application facilities as defined in 6 NYCRR Part 360-4.

(c) Disposal, by burial, of any hazardous waste, as defined in 6 NYCRR Part 371.

(d) Large quantity generators of hazardous waste.

(e) Gas stations and major oil storage facilities.

(f) On-site dry cleaning.

(g) Junkyards and junked car lots.

(7) Prohibited uses within the Buffered Valley Bottom Aquifer (BVBA) and Upland Aquifer (UA): land application of septage, sludge, or human excreta, including land application facilities defined in 6 NYCRR Part 360-4.3.

(8) General nondegradation standard. No special permit shall be granted unless the applicant can show that the proposed action will not degrade the quality of the groundwater in a manner that poses a potential danger to public health or safety. Compliance with applicable standards, requirements, and permit conditions imposed by federal, state, or county agencies shall be deemed to constitute compliance with this standard.

F. Determination of a parcel's natural recharge. The natural recharge rate for a parcel shall be determined by identifying the soil types on the property, classifying them by hydrologic soil groups (A through D, A/D and C/D), and applying a recharge rate of 20.2 inches/year for A and A/D soils, 14.7 inches/year for B soils, 7.6 inches/year for C and C/D soils, and 4.2 inches/year for D soils, and multiplying the recharge rate(s) by the number of acres in the parcel for each soil group.

G. Consumption of water. Water consumption is the net loss of liquid phase water through site activities, plus the water needed to dilute wastewater and other discharges to a concentration equal to 50% of the New York State Title 6, Part 703, groundwater standard.[3] The following table establishes the method to calculate water consumption:

	Use	Gallons per Day	Multiplied by Dilution Factor	Consumption per Day
	Irrigated lands (nonagricultural)	Irrigated acres x 4,0001	x 1	=
	Uses with surface water discharge	Site activity use x 0.2	x 1	=
	Residential uses with subsurface water discharge2	70 per capita	x 6	=
	Nonresidential uses with subsurface water discharge2	Daily use	x 6	=

	NOTES:
	1	Applicable for vegetation requiring one-inch-per-week irrigation. May be adjusted for vegetation with other water requirements.
	2	Calculate use per NYSDEC intermediate wastewater disposal guide. Discharge must not exceed NYSDEC Title 6, Part 703, effluent.[4]

[3] Editor's Note: See 6 NYCRR Part 703.

[4] Editor's Note: See 6 NYCRR Part 703.

H. Map changes.

(1) New Buffered Valley Bottom Aquifer BVBA and expanded Buffered Valley Bottom Aquifer BVBA areas may be established by the Town's Hydrogeologist at the request of the Town, or proposed to the Town by groups of site owners where a new Community Water System source regulated by the New York State Department of Health is proposed, and where the Town's Hydrogeologist concludes or agrees that the water source for the Community Water System and any private wells within or hydraulically downgradient from the new or expanded Buffered Valley Bottom Aquifer BVBA would not be threatened by a Pollutant Discharge originating anywhere within the Buffered Valley Bottom Aquifer BVBA.

(2) New Buffered Valley Bottom Aquifer (BVBA) shall be regional in nature, and no single project, or single parcel, Buffered Valley Bottom Aquifer (BVBA) may be proposed.

(3) New Upland Wellhead Protection (UWP) areas, or expanded Upland Wellhead Protection (UWP) areas, must be defined for the water sources for any existing and future proposed community water systems within the Upland Aquifer (UA) by their owners and must be reviewed and approved by the Town's hydrogeologist.

(4) The Aquifer Overlay District Map may be modified to reflect new or more accurate geological or hydrological information, provided that the Town's hydrogeologist reviews and approves any such modification.

(5) Any new areas or revisions of boundaries made pursuant to this Subsection H shall be placed on the Aquifer Overlay District Map pursuant to the Zoning Map amendment process in Article X.

I. Reporting of discharges. Any person or organization responsible for any discharge of a hazardous substance, solid waste, hazardous waste, petroleum product, or radioactive material shall notify the Town Clerk of such discharge within 24 hours of the time of discovery of the discharge. This notification does not alter other applicable reporting requirements under existing law and applies to all uses, whether conforming or nonconforming in any respect.

J. Nonconforming uses, structures, and lots. See Article VI of this chapter. For any nonconformity which requires a special permit to expand or change, all requirements of this § 121-15 shall apply to such expansion or change.

§ 121-16 Mixed-Use Institutional Conversion Overlay District (MCO).

A. Purpose. The purpose of this overlay district is to facilitate the redevelopment of privately owned portions of land that were formerly part of the Taconic Developmental Disabilities Services Office (TDDSO) as a mixed-use transit-oriented community that fulfills the goals of the Town of Amenia Comprehensive Plan by providing needed jobs, public facilities, open space, housing, commercial, and other nonresidential uses. The Town wishes to attract development to this site because it contains serviceable buildings and water and sewer infrastructure, as well as good highway and commuter rail access. The provisions of this overlay district are intended to implement the specific goals of the Comprehensive Plan for this site by streamlining permitting and allowing use flexibility. The Town recognizes that, as of the date of enactment of this section, about half of the land in the MCO District is owned by the State of New York for the care of developmentally disabled persons. The intent of this section is to support the continuation of the TDDSO as the Town's major employer and to encourage a public-private partnership that enables development to occur in the immediate future for the portion of the site in private ownership. Such development should meet the needs of both the Town and the employees, customers, and other users of the TDDSO, while encouraging an integrated site design for the entire MCO District.

B. Boundaries. The boundaries of the MCO District are shown on the Land Use and Development Overlay Districts Zoning Map.[1]

[1] Editor's Note: A copy of said map is included at the end of this chapter.

C. Regulatory effect of district on land uses.

(1) Within the Mixed-Use Institutional Conversion Overlay District all of the underlying land use district regulations shall remain in effect, except those that are modified by this section or the Overlay District Use Table included at the end of this chapter.

[Added 11-20-2019 by L.L. No. 2-2019[2]]

[2] Editor's Note: This ordinance also renumbered former Subsection C(1) and (2) as Subsection C(2) and (3), respectively.

(2) Within the MCO District, all uses listed on the Use Table for the underlying district as requiring a special permit shall be permitted by right subject to site plan approval only. In addition, the uses listed in § 121-16H shall be allowed by right subject to site plan approval only. Any use not listed on the Use Table and not prohibited by § 121-10C may be allowed by special permit. Dimensional and density regulations and requirements for buffers between uses in § 121-16H may be modified by the Planning Board in the course of site plan approval to fit the unique characteristics of the district. Buffer requirements intended to protect residential uses adjoining the MCO District shall not be modified.

(3) Because the Town would prefer to have the MCO District developed as a coherent whole, rather than in smaller parcels, this Subsection C(2) provides a preferred development approval process based upon a site-specific rezoning that adopts a binding master development plan for the parcel. This master development plan, upon adoption by the Town Board, then becomes the zoning for the land rezoned. The Town Board may, by zoning amendment in its sole discretion, rezone all or a portion of the MCO District pursuant to a master development plan for a portion of the property that includes at least 150 acres. Such rezoning shall be in the form of a planned development district and shall be consistent with the Town of Amenia Comprehensive Plan and any other master plan for the site adopted by the Town Board or Planning Board. A conceptual site plan shall be approved by the Town Board as part of the master development plan rezoning application approved pursuant to Article X. If a conceptual site plan for this area has been incorporated into the Town of Amenia Comprehensive Plan, the master development plan shall be generally consistent with such plan. The conceptual site plan shall show street layouts, an open space system, a phasing plan, and density and general use classifications within the planned development district and shall indicate proposed architectural and site design standards that will apply within the district. A minimum of 50% of the land in the master development plan shall be preserved as open space by a conservation easement pursuant to § 121-20K. The master development plan application shall also provide a fiscal impact analysis showing the impact of the development on Town and school district taxes. The Town Board may attach such conditions as it finds necessary to ensure that the master development plan for the planned development district will be in harmony with surrounding land uses and the purposes of the overlay district. Upon approval of the master development plan and conceptual site plan with attached conditions on use, architecture, and site design, only site plan approval shall be required to implement individual components of the proposed plan.

D. Applicability of design guidelines. In reviewing any site plan application in the MCO District, the Planning Board shall consider the Dutchess County Hamlet Design Guidelines, Rural Development Guidelines, and Building Form Guidelines as appropriate to ensure that development is compatible with the character of the Town. If the Town Board has approved specific design or architectural standards as part of a master development plan, such standards shall supersede the guidelines referred to above.

E. Limitation on residential development. No more than 30% of the gross floor area of all development in the MCO District may consist of residential dwelling units containing four or more bedrooms. No more than 70% of the gross floor area of all development in the MCO District may consist of residential development. No more than 80% of the gross floor area in any phase of a development may consist of residential development.

F. Protection of open space resources. All development in the MCO District shall protect open space of conservation value by clustering development to the maximum extent practical. Prior to submitting any plan for development of a parcel in the MCO District, the applicant shall prepare a conservation analysis pursuant to § 121-20A. Particular open space resources designated for protection may be as shown on a map included in the Town of Amenia Comprehensive Plan if such a map is prepared. These areas shall be protected by a conservation easement pursuant to § 121-20K as a condition of development approval of adjoining land. The acreage of these areas may be counted for the purposes of determining allowable density for other portions of the MCO District.

G. Requirement of transit-oriented development. Land lying within 1/2 mile of the Ten-Mile River commuter rail station shall be developed in the configuration of a "transit-oriented development" as described in more detail in the Comprehensive Plan, and shall be generally consistent with any illustrative site plan that may be incorporated into the Comprehensive Plan. Residential and retail development permitted on the property shall be clustered to the maximum extent practical within the area designated for transit-oriented development. No more than 25% of the residential development units shall be located more than 1/2 mile from the commuter rail station.

H. List of additional uses allowed by right subject to site plan review. In addition to the uses allowed pursuant to Subsection C above, the following uses shall be permitted by right subject to site plan review anywhere within the MCO District, provided that they are not located in any area required to be protected as open space and do not interfere with the creation of an economically viable transit-oriented development within 1/2 mile of the commuter rail station:

(1) Housing for senior citizens, including assisted living facilities and other housing facilities that provide services to residents.

(2) Nursing home.

(3) Health care center.

(4) Office.

(5) Lodging facility.

(6) Bed-and-breakfast.

(7) Educational, charitable, and religious uses.

I. Development parameters for master development plans. A master development plan approved pursuant to § 121-16C(2) above shall comply with the following requirements:

(1) Maximum impervious surface coverage and floor area. Maximum permissible impervious surface coverage of the entire MCO District site shall be 25%, counting as land area all areas protected as open space as required by subsection F above, as well as any other areas voluntarily protected by an applicant. Individual portions of the site may have a higher coverage, provided that the total coverage of the entire area of the MCO district does not exceed 25%. In order to achieve the 25% aggregate coverage, an applicant may remove existing buildings and pavement on the property. No retail establishment shall have a floor area exceeding 40,000 square feet.

(2) Residential density. The base residential density shall be two dwelling units per acre, including the entire area of the district. This density may be increased using density bonuses and transfer of development rights as provided in § 121-20C. For purposes of density calculation, one-bedroom and studio apartments shall be counted as 0.4 dwelling unit, and two-bedroom apartments shall be counted as 0.75 unit. No units may be built within the portions designated for open space protection, but the acreage of these portions may be used to compute the total density allowable on the site. Within the area designated for transit-oriented development, there shall be a minimum density of six units per acre and no maximum density.

(3) Pedestrian amenities. As provided in the Comprehensive Plan, the entire site shall be designed in a manner that facilitates pedestrian and bicycle circulation through the provision of sidewalks, bikepaths, walking trails, pedestrian stairways, and other pedestrian amenities appropriate to each portion of the site.

(4) Workforce housing. At least 10% of all units approved in a master development plan shall conform with the requirements for workforce housing contained in § 121-42. The obligation to provide workforce housing may be satisfied by paying a fee in lieu of providing the housing on site pursuant to § 121-42N.

§ 121-17 Soil Mining Overlay District (SMO).

A. Findings and purpose. The purpose of this overlay district is to provide appropriate locations for soil mining conducted as a commercial enterprise unrelated to a construction project or a farm operation. As expressed in the Comprehensive Plan, the Town wishes to allow soil mining to provide jobs, produce needed building materials, and support agricultural operations, while protecting the rural peace and quiet enjoyed by Town residents. The Town of Amenia will therefore allow commercial mining only in those locations where it will help promote the Town's goals of maintaining rural character with minimum disturbance to residential neighbors. The SMO District shall be mapped only where there are sand and gravel resources that have adequate highway access, sufficient buffering from nearby residences to avoid disturbance to residential neighbors, and minimal visual impact on publicly accessible places.

B. Boundaries. The boundaries of the SMO District are shown on the Land Use and Development Overlay Districts Zoning Map[1] and may be modified by zoning amendment consistent with the purposes in Subsection A above.

[1] Editor's Note: A copy of said map is included at the end of this chapter.

C. Regulatory effect on land uses.

(1) Within the Soil Mining Overlay District all of the underlying land use district regulations shall remain in effect, except those that are modified by this section or the Overlay District Use Table included at the end of this chapter.

[Added 11-20-2019 by L.L. No. 2-2019[2]]

[2] Editor's Note: This ordinance also renumbered former Subsection C(1) through (4) as Subsection C(2) through (5), respectively.

(2) The land within the SMO District is the only land in the Town of Amenia where new soil mines may be permitted and where existing soil mines will be allowed to renew their permits from the New York State Department of Environmental Conservation. This shall not prevent farm operations from conducting soil mining that does not require a DEC permit as provided in § 121-341, if such soil mining is conducted for agricultural purposes and not for purposes of selling material on the commercial market.

(3) All new soil mining operations or expansions of existing soil mining operations require a special permit from the Town Board, subject to all applicable special permit requirements in §§ 121-60 through 121-64 and the regulations in this section.

(4) Because the right to mine is a property right that adds considerable value to the land, the Town deems the financial return from allowing mining of land to be sufficient to justify restricting future use of the land. When the Town Board rezones a parcel of land to include it within the SMO District, the Board may require the applicant to grant a conservation easement pursuant to § 121-20K, perpetually restricting future use of the rezoned land to mining, agriculture, forestry, and recreation, upon receipt of all necessary permits to begin the mining operation. Such conservation easement shall be granted as a condition of the rezoning and shall be held in escrow by the Town Attorney and recorded in the Dutchess County Clerk's office upon final approval of the soil mining special permit and all applicable DEC permits.

(5) Within the SMO District, the only uses permitted by right after a mining operation is undertaken and completed shall be agriculture, forestry, and recreation. The Town Board may, by special permit, allow another use of land that has been mined, provided that the applicant has submitted a complete conservation analysis of the land pursuant to § 121-20A, that the new use is consistent with the Town of Amenia Comprehensive Plan, and that the special permit is conditional upon full reclamation of the land according to applicable requirements of the New York State Department of Environmental Conservation (DEC).

D. Soil mining regulations.

(1) Soil mining shall be allowed within the SMO Overlay District, subject to a special permit by the Town Board, provided that the operator complies with all applicable requirements of the New York State Department of Environmental Conservation.

(2) Any application for a soil mining special permit shall be deemed a major project if it also requires approval of a mining permit from the New York State Department of Environmental Conservation (DEC). Proposed soil mining that does not require a DEC permit shall be deemed a minor project.

(3) An applicant for a major project special permit for soil mining shall submit copies of all applications and other materials submitted to the DEC in connection with its soil mining application.

(4) In determining whether to grant or deny a special permit application for soil mining, the Town Board shall consider all applicable special permit criteria, including but not limited to the environmental performance standards in § 121-40. If the Town Board grants a major project special permit subject to conditions, such conditions shall be limited to the following, unless the laws of New York State allow the imposition of additional conditions:

(a) Ingress from and egress to public thoroughfares controlled by the Town;

(b) Routing of mineral transport vehicles on roads controlled by the Town;

(c) Requirements and conditions specified in the permit issued by the DEC concerning setback from property boundaries and public thoroughfare rights-of-way, natural or man-made barriers to restrict access, dust control, and hours of operation;

(d) Enforcement of reclamation requirements contained in any DEC permit.

(5) If the Town Board finds that the imposition of the above conditions in Subsection D(4)(a) through (d) will not be sufficient to enable the proposed soil mining operation to comply with applicable special permit criteria, it shall deny the special permit application.

(6) The Town Board may require, as a condition of its approval, that the applicant cover the costs of inspection and monitoring of compliance with the requirements in Subsection D(4) above for the life of the mine.

(7) In issuing a minor project special permit for soil mining, the Town Board may impose any conditions it deems necessary, including but not limited to those in Subsection D(4)(a) and (b) above.

(8) For preexisting nonconforming soil mining operations, see § 121-27D(3).

§ 121-18 Resort Development Overlay District (RDO).

A. Purpose. The purpose of the RDO District is to provide use and design flexibility to encourage resort development on appropriate large properties, where such development fits into the rural character of the Town and protects its scenic, historic, and environmental resources. This district provides a procedure for master planned development of properties of over 200 acres, following rezoning by the Town Board, to promote tourism, recreation, and open space protection. In exchange for granting permission for use flexibility and more intensive development than is allowed by the underlying zoning, the Town seeks to achieve significant protection of open space resources, especially scenic viewsheds, ridgelines, water resources, and ecosystems.

B. Boundaries. The boundaries of the RDO District are as shown on the Land Use and Development Overlay Districts Zoning Map. Landowners who wish to develop according to this § 121-18 may apply to the Town Board for a Zoning Map amendment pursuant to § 121-69 if their land is not zoned RDO. In order to be mapped as an RDO District, the property must consist of at least 200 acres of land with road access no more than 1/2 mile from a state or county highway. The Town Board has the sole discretion whether or not to entertain such an amendment, which must be consistent with the Comprehensive Plan.

C. Regulatory effect of district on land uses. Within the RDO District, the following regulations apply, superseding the regulations of the underlying district:

(1) Within the Resort Development Overlay District all of the underlying land use district regulations shall remain in effect, except those that are modified by this section or the Overlay District Use Table included at the end of this chapter.

[Added 11-20-2019 by L.L. No. 2-2019[1]]

[1] Editor's Note: This ordinance also renumbered former Subsection C(1) through (10) as Subsection C(2) through (11), respectively.

(2) Allowable uses. Within the RDO District, the following uses are allowed:

(a) All uses allowed in the RA District, as shown on the Use Table in § 121-10B.[2]

[2] Editor's Note: The Use Table is included at the end of this chapter.

(b) Lodging facilities, hotel-condominiums, meeting rooms, and conference facilities.

(c) Restaurants.

(d) Retail, recreational, and service businesses associated with the resort use.

(e) Riding academy and other equestrian uses.

(f) Such other uses as may be approved by the Planning Board in issuing a special permit for a development plan consistent with the purposes of the overlay district.

(3) Conservation analysis requirement. For any application for subdivision or any development that involves uses other than those allowed in the RA District, the applicant shall prepare a conservation analysis of the land as described in § 121-20A. This shall be submitted to the Planning Board, which shall make conservation findings prior to the preparation of any master development plan for the site pursuant to Subsection C(3) below. For projects for which a draft environmental impact statement has been submitted prior to the adoption of this section, the environmental analysis included in the environmental impact statement may substitute for the conservation analysis.

(4) Special permit for master development plan.

(a) For any development that involves any uses other than those allowed in the RA District, the applicant shall prepare a master development plan for the entire site. This master development plan may also include uses allowed in the RA District.

(b) The master development plan shall require special permit approval by the Planning Board and shall be consistent with the Town of Amenia Comprehensive Plan. A master development plan shall be based upon the conservation analysis and shall include a conceptual site plan showing, at a minimum, an open space system (including preserved open space), access and road layouts, proposed buildings, including their uses, footprint, height, and total square footage, proposed recreational facilities, proposed utilities, including water supply and wastewater disposal, and a phasing plan if the project is to be built in phases. The master development plan shall also contain such other information as the Planning Board deems necessary to determine whether or not the Plan complies with the requirements of this § 121-18 and other sections of this chapter. The master development plan shall contain a management plan for the future management of the proposed development as a unified entity.

(c) Where buildings will be visible from public roads, bicycle trails, or other publicly accessible areas, the Planning Board shall require the submission of proposed elevations of buildings and proposed architectural standards and covenants. These architectural standards and covenants may substitute for any of the design standards which would otherwise be required by § 121-14.1H or any other section of this chapter. Proposed signs and sign standards may substitute for the signage requirements in § 121-39.

(d) The Planning Board shall review the special permit application as provided in § 121-60 through 121-63 and may attach such conditions as it finds necessary to ensure that the master development plan will be in harmony with surrounding land uses and the purposes of the overlay district. All required subdivision, site plan, and special permit reviews shall be consolidated in one master development approval, and no separate approval proceedings shall be required. If proposed single-family dwellings exceeding 5,000 square feet in floor space are included in any approved master development plan, such single-family dwellings shall not be subject to minor project site plan review required in § 121-10B, provided that such dwellings have been subject to the equivalent of a minor project site plan review as part of the review of the master development plan.

(e) Any revision of the master development plan shall require a site plan amendment. Any change of use within a master development plan shall require a special permit amendment.

(f) Upon approval of the master development plan and conceptual site plan with attached conditions on use and dimensional standards, site plan approval only shall be required to implement individual components of the proposed plan. To the extent that design details necessary for site plan approval have not been provided in the master development plan, they shall be provided at the site plan approval stage.

(5) Minimum open space and protection of viewsheds and other resources. A minimum of 80% of the total land area of the parcel shall be preserved by a conservation easement as open space, as provided in § 121-20K, based upon the conservation analysis. Priority in open space protection shall be given to land within the SPO and SCO districts, especially the view to and from Delavergne Hill, ridgelines, historic resources, unique ecosystems, prime agricultural land, and water resources. Open space land preserved under this subsection may include farmland and farm structures, ponds and streams, and recreational land such as golf courses, cross-country ski trails, equestrian trails, and hiking trails. It shall not include land lying under nonagricultural structures taller than 20 feet, nonagricultural buildings larger than 200 square feet in footprint area, or land that is covered by impervious surfaces other than trails or golf cart paths.

(6) Maximum impervious surface coverage and dimensional standards. Maximum impervious surface coverage, as defined in § 121-74, shall be 15% of the total site area, including preserved open space areas. Land and buildings used exclusively to house employees of the resort development shall be excluded from the calculation of impervious surface coverage, as an incentive to provide such housing on site. The density and dimensional standards in § 121-11, all other density and dimensional regulations in this chapter other than those contained in this § 121-18, and the parking and loading requirements in § 121-38 shall not apply and are superseded by this subsection. No more than 5% of the total footprint area may be used for retail establishments that sell goods and supplies. Maximum building height shall be 35 feet except as provided in Subsection C(9) below. Dimensional and density standards shall be as approved by the Planning Board in the master development plan, based upon the physical characteristics of the site, the character of the proposed development, relevant performance standards in this chapter, and the requirements of the SEQR process.

(7) Open space buffer requirements. A master development plan in the RDO District shall provide open space buffers of at least 100 feet from any existing residential uses that are not within the RDO District. Such buffers may be wooded or open and may contain trails but may not contain any buildings or other recreational structures. This requirement shall not apply where the residential uses to be buffered lie across a state or county highway from the RDO District.

(8) Traditional neighborhood layout. The layout of streets, blocks, public spaces, and buildings in the RDO District shall follow the principles of traditional neighborhood development described in § 121-12.1 to the extent practical, unless the Planning Board determines that this requirement does not apply as provided in § 121-12.1H(2).

(9) Workforce housing. See § 121-42P.

(10) Development area treated as a unit. Regardless of the form of ownership of the property or of its division into separate parcels, the open space, buffer, and other dimensional requirements in this section shall apply to the entire area covered by a master plan of development and not to any individual parcels or lots which are portions thereof.

(11) Modification and waiver of certain requirements.

(a) The Planning Board may waive specific requirements of the Stream Corridor Overlay District where streams and water features are integrated into the master development plan, provided that the plan provides for water quality protection and mitigation of water quality impacts consistent with the purposes of the Stream Corridor Overlay District.

(b) The Planning Board may waive the thirty-five-foot height limit, provided that a visual impact analysis is performed in the course of SEQRA review, to ensure that no significant views are adversely impacted, that any impacts on views are mitigated to the maximum extent practical, and that the building is sited to minimize visual impacts by taking advantage of natural topography. No building shall be more than five stories in height, counting the stories from average grade at the front of the building, and excluding any story contained within a roof. No waiver shall be granted without consultation with fire officials, who shall, if appropriate, make a recommendation to the Planning Board that the applicant provide equipment necessary to ensure adequate fire protection.

(c) Where porous pavement or other partially permeable surfaces are used, the Planning Board may adjust impervious surface coverage requirements upward if it determines, based upon the recommendation of the Town's Engineer, that such increases are appropriate, provided that a note is placed on any approved site plan or plat indicating requirements for maintaining the permeability of such surfaces.

(d) The open space buffer requirements may be reduced in situations where the siting of access roads, streets, or utilities within the buffer area can be accomplished without impact on adjacent residential uses.

(e) Requirements of the SPO District may be modified, consistent with the overall purposes of the SPO District, where the Planning Board finds, based upon a viewshed analysis, that there will be no significant adverse impacts on the scenic character of the Town.

§ 121-18.1 Mobile Home Park Overlay District (MHO).

See § 121-44 for regulations that apply to the MHO District.