A.Â
Purpose. The Town Board recognizes agriculture as an essential and
integral industry in the community that enhances the economic base,
stabilizes the tax base, and perpetuates the rural character of the
Town of Pine Plains. The Town Board further declares that it shall
be the policy of Pine Plains to encourage agriculture and foster understanding
by all residents of the necessary day-to-day practices associated
with agricultural operations so as to encourage cooperation with those
practices.
B.Â
Agricultural data statements.
(1)Â
Any application for a special use permit, site plan approval, use
variance, or subdivision approval that would occur on property within
an agricultural district containing an agricultural operation or on
property with boundaries within 500 feet of an agricultural operation
located in an agricultural district shall include an agricultural
data statement. The agricultural data statement shall be reviewed
to determine the possible impacts of a proposed action upon the functioning
of agricultural operations within such agricultural district. A copy
of the agricultural data statement shall be sent to the Dutchess County
Farmland Protection Board or other similarly designated agency for
review and comment.
(2)Â
Written notice of an application for which an agricultural data statement
has been submitted shall be mailed to the owners of land as identified
by the applicant in the agricultural data statement. Such notice shall
include a description of the proposed project and its location and
may be sent in conjunction with any other notice required by state
or local law, ordinance, rule or regulation for the project. The cost
of mailing the notice shall be borne by the applicant. The agricultural
data statement shall include the following information: the name and
address of the applicant; a description of the proposed project and
its location; the name and address of any owner of land within the
agricultural district, which land contains agricultural operations
and is located within 500 feet of the boundary of the property upon
which the project is proposed; and a Tax Map or other map showing
the site of the proposed project relative to the location of agricultural
operations identified in the agricultural data statement.
C.Â
Required disclosure. The following disclosure statement shall be
included on any site or subdivision plan involving real property located
partially or wholly within an agricultural district established pursuant
to the provisions of Article 25-AA of the New York State Agriculture
and Markets Law:
"It is the policy of New York State and the Town of Pine Plains
to conserve, protect and encourage the development and improvement
of agricultural land for the production of food, and other products,
and also for its natural and ecological value. This disclosure notice
is to inform prospective owners or occupants of this property that
it lies partially or wholly within an agricultural district and that
agricultural activities occur within the district. Such activities
may include, but not be limited to, activities that cause noise, dust
and odors."
|
D.Â
Agricultural operation exceptions. The following shall apply to any
agricultural operation situated on a property located within an agricultural
district as defined in Article 25-AA of the New York State Agriculture
and Markets Law:
(1)Â
Agricultural buildings and structures, including but not limited
to barns, silos, grain bins, and fences, as well as equipment related
to such structures, shall not be subject to the height limitations
of this Zoning Law.
(2)Â
Agricultural buildings and structures shall not be subject to the
maximum lot coverage requirements of this Zoning Law.
(3)Â
Site plan approval is not required for the installation of buildings
or uses strictly associated with the growing of crops or raising of
animals or storage of farm machinery. Multiple-residence dwellings
for farm worker housing, and buildings constructed for use by or open
to the public or guests visiting the property, such as tasting rooms,
distilleries, wineries, farm markets, and similar buildings and uses,
shall be subject to site plan approval. The ZEO shall determine whether
a proposed use or building requires site plan approval before issuing
a building permit.
[Amended 5-21-2015 by L.L. No. 2-2015]
(4)Â
Farm worker housing. Farm worker housing is a permitted use.
(5)Â
In order to further protect and promote agriculture, agricultural operations in existence on the effective date of this Zoning Law that are located within an agricultural district created pursuant to Article 25-AA of the NYS Agriculture and Markets Law shall be deemed a permitted use within any zoning district in which said use is located, and this subsection shall supersede the Schedule of Use Regulations contained in § 275-10. The agricultural operation shall otherwise comply with the Zoning Law and the provisions of this § 275-20.
[Added 5-21-2015 by L.L.
No. 3-2015]
E.Â
Agricultural buffers. The Planning Board may require that a buffer
be established on any property located in the AG-O District or otherwise
adjoining a parcel in active agricultural use as a condition of site
plan, special use permit, or subdivision plan review. The buffer shall
be located along any shared property line with the agricultural parcel
to reduce exposure of nonagricultural uses to odors, noise, and other
effects associated with any agricultural operation and to minimize
complaints related to same. The buffer shall consist of vegetative
screening, existing woodland, vegetated berms, or natural topographic
features and shall be a minimum of 50 feet, but may be increased if
deemed necessary to achieve the objectives set forth herein. The Planning
Board may waive the requirements of this subsection where it determines
that a buffer is not warranted based on the layout of the proposed
development or use and its relationship to any activities on the adjoining
agricultural parcel.
F.Â
Applications involving properties in a New York State agricultural
district.
(1)Â
Where an application for site plan, subdivision or special use permit
approval has been submitted to the Planning Board involving property
located within or adjoining an agricultural district established pursuant
to the provisions of Article 25-AA of the New York State Agriculture
and Markets Law, the Planning Board shall consider the following criteria
in its decision making in addition to any other standards set forth
in this Zoning Law:
(a)Â
The types of agricultural activities occurring on and adjacent
to the proposed use, and compatibility of the proposed use with same.
(b)Â
The agricultural productivity of the land or soils proposed
to be disturbed for nonagricultural uses and alternatives to said
disturbance. The proposal shall preserve prime farmland soils and
soils of statewide importance to the maximum extent practicable.
(c)Â
The availability of soils for septic systems, exclusive of prime
farmland soils and soils of statewide importance. The siting of septic
systems shall avoid these soils to the maximum extent.
(d)Â
The impact of any proposed drainage facilities on an agricultural
operation.
(e)Â
The potential to introduce or increase farm trespass, the effect
of proposed traffic on the transport of farm machinery, and the need
to maintain or create access easements to and between properties in
agricultural use.
(f)Â
The proposed disposition of any agricultural land that may be
preserved as open space, i.e., will it be made available to agricultural
operators on a fee-simple or lease-back basis.
(g)Â
Any other effects of the proposed project on agricultural operations,
as well as any measures designed to reduce the adverse effects or
to provide additional benefits.
(2)Â
An applicant shall endeavor to situate dwellings, uses, and new construction
on land that is the least suitable for agricultural uses to the maximum
extent practicable. The Planning Board may establish conditions as
part of its approval to ensure that this objective is met.
A.Â
Applicability. The standards set forth herein apply to certain permitted
uses set forth in Table A, Schedule of Use Regulations.[1]
[1]
Editor's Note: Table A, Schedule of Use Regulations, is included as an attachment to this chapter.
B.Â
Manufactured home (single or double-wide).
(1)Â
No manufactured home, single or double-wide, shall be placed on a
property without site plan approval of the Planning Board.
(2)Â
Replacement of existing manufactured home. An existing single-wide mobile or manufactured home can be replaced, provided that the home is manufactured in accordance with current U.S. Housing and Urban Development standards and subject to site plan approval. Replacement of a manufactured home located on a conforming or nonconforming lot will be required to meet the standards set forth in Subsection B(3) below in addition to any variances that may be required to allow replacement on a nonconforming lot. Replacement of an existing manufactured home shall not be subject to § 275-16.
(3)Â
A manufactured home must meet the following standards:
(a)Â
A manufactured home shall be mounted on a permanent concrete
reinforced slab base or footing. Each home site must be suitably graded
to provide adequate drainage. The perimeter of the home shall be enclosed
with solid skirting with adequate ventilation.
(b)Â
The exterior of a manufactured home shall be finished with a
natural wood exterior or other natural or artificial material that,
because of its color and texture, has the appearance of clapboard,
wood shingle or other traditional siding.
(c)Â
A manufactured home shall comply with applicable federal requirements
and the New York State Uniform Fire Prevention and Building Code.
(d)Â
A manufactured home shall have a minimum size of 720 square
feet and a minimum width of 14 feet at the time it is installed.
[Amended 5-21-2015 by L.L. No. 2-2015]
(e)Â
A lot shall meet the minimum requirements of the zoning district
in which it is situated as set forth in Table B, Schedule of Bulk
Regulations.[2] No more than one manufactured home dwelling per lot is
permitted.
[2]
Editor's Note: Table B, Schedule of Bulk Regulations, is included as an attachment to this chapter.
(f)Â
A suitable driveway shall be provided and constructed in conformity
with existing Town regulations.
(g)Â
All water and sewage requirements of the Dutchess County Department
of Health shall be met.
(h)Â
No evidence of a trailer hitch or wheels shall be visible after
installation of the manufactured home.
(i)Â
The pitch of the main roof shall not be less than one foot of
rise for each four feet of horizontal run. Any roofing material may
be used that is generally acceptable for site-built housing if such
material is applied in such a manner as to be similar in appearance
to site-built housing.
[Added 5-21-2015 by L.L.
No. 2-2015[3]]
(4)Â
Travel trailer, camp trailers, tent trailers, chassis-mounted trailers,
by any name known or devised, shall not be used as a manufactured
home or converted to a permanent or seasonal residence, or occupied
on any lot for more than 60 days during one calendar year.
C.Â
Two-family dwelling conversions.
(1)Â
The Planning Board shall ensure that adequate off-street parking
may be accommodated on the lot for the two-family dwelling.
(2)Â
Conversion of a single-family detached dwelling to a two-family dwelling
shall require Dutchess County Health Department review and approval
of the water supply and wastewater disposal systems serving the two-family
dwelling.
A.Â
Purpose. Pursuant to § 261-b of the New York State Town
Law, the Town of Pine Plains hereby establishes a system of zoning
incentives to advance the Town's specific physical, cultural, and
social policies set forth in the Town's adopted Comprehensive Plan.
The Town Board hereby establishes the following procedures for the
proper application of incentive zoning.
B.Â
Community benefits and incentives. An applicant that has submitted
a subdivision, special use permit or site plan application for residential
development may apply for incentives to achieve community benefits
or amenities as listed herein. The community benefits and amenities
are not listed in any particular order of importance or priority.
(1)Â
Open space/agricultural land preservation. For properties located
in the H-MS, H-CR, H-R, H-PC, H-B and R Districts, a residential density
bonus may be granted for the preservation of open space that exceeds
50% of the lot area on which the development is situated. For every
1% of land set aside as open space, a 1/2% residential density bonus
may be approved, provided no less than a minimum of 10% of the tract
which exceeds the minimum open space requirement of 50% shall be set
aside as open space to apply for this incentive. The residential density
bonus granted for the protection of open space/agricultural land preservation
shall not exceed 15%.
(2)Â
Senior citizen housing. For properties located in the H-MS, H-CR,
H-R, H-PC, H-B, and R Districts, a residential density bonus may be
granted for the provision of senior housing. Said residential density
bonus shall equal 30% of the senior citizen housing units being created.
The density bonus may be applied to the construction of senior or
non-senior dwelling units.
(3)Â
Cultural, archaeological, historic facilities or other unique features
deeded to the Town of Pine Plains or a qualified not-for-profit agency.
For properties located in the H-MS, H-CR, H-R, H-PC, H-B, and R Districts,
a residential density bonus not to exceed 15% may be approved.
(4)Â
Public access and recreation. For properties located in the H-MS,
H-CR, H-R, H-PC, H-B, and R Districts, a residential density bonus
may be approved for the creation of public recreational lands or trails,
public access to streams, railroad rights-of-way, or open space land,
or for the provision of public fishing/hunting rights. A residential
density bonus not to exceed 30% may be approved.
(5)Â
The total number of incentive dwelling units granted under this § 275-22 shall not exceed 30% of the dwelling units determined by the Planning Board.
[Amended 9-16-2021 by L.L. No. 1-2021]
(6)Â
As a condition of approval, the Town Board may require that the bonus
units be commingled with non-bonus units, contain the same number
of bedrooms as the non-bonus units, and be compatible with the design
of non-bonus units in terms of appearance, materials, and finish quality.
(7)Â
Community benefits may be accomplished by:
(a)Â
Use of agricultural or other permanent conservation easements.
(b)Â
Donations of land in fee simple for conservation and other community
benefit purposes.
(c)Â
Construction of amenities, serving a Town-wide need, accessible
to the general public, above and beyond that required to mitigate
proposed impacts in accordance with SEQRA and the Town law.
(d)Â
Construction or improvement to public works above and beyond
that required to mitigate proposed impacts in accordance with SEQRA
and the Town law.
(8)Â
Nonresidential development applications are ineligible for incentive
zoning. Properties within the WP Zoning District are ineligible for
incentive zoning.
(9)Â
The amenities or community benefits shall be in addition to and not
in lieu of any other improvements or amenities otherwise required
pursuant to any other provisions of this Zoning Law, the subdivision
regulations and/or any other land use regulations of the Town, the
provisions of the New York State Environmental Quality Review Act
(SEQRA) and the regulations thereunder and the provision of other
applicable New York State laws, including, without limitation, Article
16 of the Town Law, all as any of these provisions now exist or as
they may be amended from time to time. Incentives shall be granted
only when the community benefits or amenities offered would not otherwise
be required or likely to result from the applicable regulatory permitting/approval
process before the Planning Board and/or Town Board and/or any other
federal, state or local regulatory agencies. Additionally, incentive
zoning shall not be a substitute, in whole or in part, for any other
conditions or requirements of a conservation subdivision as regulated
by this Zoning Law. Notwithstanding, incentive zoning may apply in
addition to any such conservation subdivision conditions or requirements.
(10)Â
The community benefit may be located on the site of the property
to which the incentive would be applied.
C.Â
Procedures and criteria for approval of incentives.
(1)Â
Submission of application. Applications for incentive zoning shall
be submitted simultaneously to the Town Board and to the Planning
Board. An applicant is encouraged to present its plans to the Town
Board as early in the application process as possible. The Town Board
may schedule an informal workshop to discuss the incentive zoning
application and share information between the applicant, the Planning
Board, the Town Board and the public.
(2)Â
Narrative statement. A narrative statement shall be submitted with
the following information:
(a)Â
A description of the incentive being requested.
(b)Â
A description of the community amenity or benefit being offered
to the Town.
(c)Â
A current estimate of the market value of the proposed benefit.
(d)Â
A preliminary indication that there is adequate wastewater treatment,
water supply, transportation facilities, waste disposal, and emergency
service protection facilities in the zoning district in which the
proposal is located to handle the additional demands the incentive
and amenity, if it is an on-site amenity, may place on these facilities
beyond the demand that would be placed on them if the district were
developed to its fullest potential.
(e)Â
An explanation as to how the amenity helps implement the physical,
social or cultural policies of the Town of Pine Plains Comprehensive
Plan.
(3)Â
Authorization of incentive zoning to a specific property is subject to approval by the Town Board prior to the grant of preliminary plat or site plan approval by the Planning Board. Applicants may seek non-binding input from the Town Board as to whether the proposal is worthy of consideration at any stage of the application process prior to the Planning Board's formal report issued pursuant to Subsection C(6) below.
(4)Â
Applications for incentive zoning shall be processed concurrently
and with the same procedures applicable to subdivisions and/or special
use/site plan approvals as set forth in this Zoning Law and the subdivision
regulations of the Town of Pine Plains.[1]
(5)Â
All applicable requirements of the State Environmental Quality Review
Act shall be complied with as part of the review and hearing process.
(6)Â
Prior to rendering a decision on any preliminary plat or site plan
that is the subject of incentive zoning, the Planning Board shall
issue a report regarding the incentive zoning to the Town Board. Any
hearing required or held on the preliminary plat or site plan shall
be held open until the Planning Board has issued its report and the
Town Board has rendered a decision with regard to the incentive zoning.
The Planning Board's report shall include the following:
(a)Â
The Planning Board's recommendations regarding the proposal,
including an evaluation of the adequacy with which the benefit and
incentives fit the site and how the development relates to adjacent
uses and structures.
(b)Â
An assessment that adequate water supply, wastewater treatment,
transportation, waste disposal and emergency protection facilities
exist to serve the development, and that such development will not
substantially and deleteriously impact upon the future development
of adjoining properties.
(c)Â
A statement that the benefit would not otherwise result without
the granting of incentive zoning.
(7)Â
Within 45 days of receipt of the Planning Board's report, the Town
Board shall hold a public hearing on the incentive zoning application.
Notice of the hearing shall be published in the official newspaper
at least 10 days prior to the date of the hearing. The Town Board
may provide for further notice as it deems appropriate.
(8)Â
Prior to rendering a decision, the Town Board shall evaluate the
impact of the provision of such system of zoning incentives or bonuses
upon the potential development of affordable housing gained by the
provision of any such incentive or bonus afforded to an applicant
or lost in the provision by an applicant of any community amenity
to the Town. Further, the Town Board shall determine that there is
approximate equivalence between potential affordable housing lost
or gained or that the Town has or will take reasonable action to compensate
for any negative impact upon the availability or potential development
of affordable housing caused by the provisions of this section.
(9)Â
The Town Board shall render its decision within 45 days of the close
of the public hearing. In no case, however, shall the Town Board be
compelled to approve any aspect of this incentive zoning, as such
approval rests within the Town Board in its sole and absolute discretion.
The Town Board may approve, approve with modifications or disapprove
the incentive zoning application. Failure to render a determination
within said forty-five-day period shall not be deemed to be a default
approval. To approve incentive zoning, the Town Board shall determine
that the community benefit provides sufficient public benefit to provide
the requested incentive.
(10)Â
If the Town Board determines that a suitable community benefit
or amenity is not immediately feasible, or otherwise not practical,
the Board may require, in lieu thereof, a payment to the Town of a
sum to be determined by the Board. If cash is accepted in lieu of
other community benefit or amenity, provision shall be made for such
sum to be deposited in a trust fund to be used by the Town Board exclusively
for specific community benefits authorized by the Town Board.
(11)Â
After the Town Board has rendered a decision, the record of
decision shall be referred to the Planning Board for preliminary and/or
final approval of the application with or without incentives, as prescribed
by the Town Board. If the Town Board resolves to permit incentive
zoning, no subsequent approval or permit or approval by any official,
board or agency of the Town shall materially alter any condition imposed
by the Town Board and, in the event that any permit or approval by
any agency within or without the Town materially alters any such condition,
the project may not proceed until and unless the Town Board approves
the modification in its sole discretion.
(12)Â
In accordance with the provisions of Article XVI, Professional Fees, the Town Board may engage a consultant to assist in review of the application, the cost of which will be borne by the applicant.
(13)Â
Generic environmental impact statement. If a generic environmental
impact statement has been prepared by the Town Board in enacting or
amending this section, the applicant will pay a proportionate share
of the cost of preparing such impact statement.
A.Â
Findings. The Town Board of the Town of Pine Plains finds that:
(1)Â
The social and economic diversity of the Town is dependent upon a
reasonable supply of affordable housing; and
(2)Â
The Town's Comprehensive Plan encourages the creation of affordable
housing within the Town; and
(3)Â
It is important that any householder earning no more than a moderate
income that is employed in the Town of Pine Plains, or provides an
essential volunteer service to the Town of Pine Plains, be provided
an opportunity to obtain housing that is affordable to said household.
B.Â
Methods to achieve affordable housing.
(1)Â
The Town Board, to promote continuing housing affordability, can
accomplish the foregoing objectives through a variety of methods as
follows:
(a)Â
Construction of affordable housing on site;
(b)Â
Payment of an affordable housing fee to the Pine Plains Housing Trust Fund in lieu of the construction of affordable housing as per Subsection E of this section;
(c)Â
Donations of land to the Town suitable for the construction
of affordable housing;
(d)Â
Construction of affordable housing off site within the Town;
(e)Â
Rehabilitation of substandard housing to standard affordable
housing;
(f)Â
Purchase of existing housing for conversion to affordable housing;
(g)Â
A combination of the above.
(2)Â
The Town Board shall approve, in its sole discretion, the method
or combination of methods that shall be used to meet the provisions
of this section of the Zoning Law based on the unique characteristics
of the application being reviewed, and based on a recommendation of
the Planning Board. Donations of land or construction off-site shall
result in a number of dwelling units equal to the number of the required
units or equal in value to the affordable housing fee.
C.Â
Applicability.
[Amended 5-21-2015 by L.L. No. 2-2015]
(1)Â
Zoning districts. These provisions shall apply to any residential
application in any zoning district except the Wellhead Protection
(WP) District, wherein the provision of affordable housing is not
required.
(2)Â
Applications of 10 or more dwellings and/or lots. Any site plan,
special use permit and/or subdivision plan application that proposes
10 or more residential lots or dwellings or combination thereof shall
be required to set aside 10% of the total number of lots/dwellings
for "moderate-income households" as that term is defined by this Zoning
Law. This set-aside constitutes the applicant's affordable housing
obligation. A market-rate density bonus of 10% of the total number
of dwellings shall be granted to the applicant for meeting the required
set-aside. Calculations resulting in 0.5 dwelling or more shall be
rounded up to the next whole dwelling unit.
Example: An applicant proposes a subdivision or site plan of
10 dwellings and/or lots
|
Affordable Housing Obligation = 10 dwellings/lots x 10% = 1
dwelling/lot
|
Initial buildout is 9 dwellings/lots +1 affordable dwelling/lot
|
Market-Rate Density Bonus = 10 dwellings/lots x 10% bonus =
1 market-rate dwelling/lot
|
Final Buildout = 10 dwellings/lots, which includes 1 affordable
dwelling/lot + 1 market-rate dwelling/lot = 11 dwellings/lots
|
D.Â
Procedure for determining affordable housing requirements.
(1)Â
Affordable housing statement. Every residential site plan, special use permit or subdivision plan subject to the provisions of this § 275-23 shall include an affordable housing statement. The statement shall address:
(a)Â
The applicability of this section to the proposed residential
development, including the number of affordable dwellings to be constructed;
(c)Â
Appropriate notations on any plan, building elevations, floor
plans, and other information submitted in support of the application
indicating the location and design of any affordable dwelling;
(d)Â
Any other documentation that the Planning Board and/or Town
Board determines will be required to evaluate the application.
(2)Â
The Town Board shall approve, or approve with modifications, the
affordable housing statement prior to the Planning Board acting on
any application.
(3)Â
Affordable housing notation. Notes shall be placed on any site plan
or final subdivision plan reciting the affordable housing obligations
of the applicant in conjunction with the plan. If applicable, this
shall include the recording of notes on a plan indicating which lots
or sites are to be set aside for the construction of affordable housing.
The Town Board may require the imposition of deed restrictions ensuring
that future lots are restricted to the construction of affordable
housing. The Town Board, as a condition of approval, may require that
an applicant pay an affordable housing fee where the applicant proposes
to set aside a lot in a subdivision for the construction of affordable
housing, but where the applicant does not propose to construct an
affordable dwelling.
(4)Â
Conditions on decision of approval. A site plan, subdivision and/or
special use permit shall include specific conditions referencing the
requirements of this section of the Zoning Law. Noncompliance with
the provisions of this section shall be grounds for the Planning Board
to disapprove a special use permit, site plan or subdivision application.
(5)Â
Violations. A violation of this section shall be deemed to be a violation of the subdivision, site plan and/or special use permit approval, as the case may be. Said violation may be addressed by the Town of Pine Plains pursuant to Article XIV, Administration and Enforcement, of this Zoning Law. In addition, any such violation shall, after the conduct of a public hearing, and notice to the applicant, be grounds for rescission of the subdivision, site plan and/or special use permit approval granted by the Planning Board.
(6)Â
Other procedures prescribed by the Town Board. The Town Board, by
local law or resolution, shall prescribe such other procedures and
requirements as it deems necessary for the approval of affordable
housing in conjunction with a special use permit, subdivision plan
or site plan.
(7)Â
Waiver of fees. The Town Board may waive in whole or in part the
fee in lieu of recreation land or other building, zoning or land development
fees where it finds that such waiver shall improve affordability.
E.Â
Affordable housing fee.[1] The affordable housing fee shall be determined by the
Town Board annually and set forth in a schedule contained in a local
law or resolution. The fee shall be calculated using the "construction
cost approach" set forth in the Town of Pine Plains Affordable Housing
Task Force Report to the Town of Pine Plains Town Board (April 2012).
The affordable housing fee, if approved by the Town Board, shall be
noted in any affordable housing statement and made a condition of
any site plan, special use permit and/or subdivision approval. The
affordable housing fee shall be paid at the time of the application
for the first building permit issued for the applicant's site plan
or subdivision plan, or at the time of the sale of the first lot or
lots within a subdivision, whichever shall occur first. As a condition
of approval, the Town Board may establish a phasing schedule for the
payment of the affordable housing fee. In no event, however, shall
payment be deferred for more than two years after filing of a final
site plan or subdivision plan unless the time period for said payments
is extended by the Town Board. A sample calculation of the buildout
with a payment in lieu of housing is as follows:
[Amended 5-21-2015 by L.L. No. 2-2015]
Example: An applicant proposes a subdivision or site plan of
10 dwellings/lots
|
Affordable Housing Obligation = 10 dwellings/lots x 10% = 1
dwelling/lot
|
Initial Buildout is 9 dwellings/lots + 1 affordable dwelling/lot
|
Market-Rate Density Bonus = 10 dwellings/lots x 10% bonus =
1 market-rate dwelling/lot
|
Applicant provides fee in lieu of 1 affordable dwelling/lot
|
Final Buildout = 9 dwellings/lots + fee in lieu of one affordable
dwelling/lot + 1 market-rate dwelling/lot, or 10 dwellings/lot and
fee in lieu of one affordable dwelling lot
|
F.Â
Standards applicable to affordable dwellings.
(1)Â
Integration of affordable dwellings. All affordable dwellings shall
be physically integrated into the existing or new development and
constructed with the same quality building materials as market-rate
units. An affordable dwelling shall resemble, from the exterior, the
market-rate dwellings in the development or surrounding neighborhood,
as the case may be. The Town Board has the authority to review and
approve the interior finishes of affordable housing. Said interior
finishes may vary from those established for market-rate dwellings
within the same development where the Town Board finds that said variation
will improve housing affordability.
(2)Â
Affordable dwellings by housing type. Affordable dwellings shall
be the same housing type as the market-rate housing type for single
housing type developments. For example, if a development proposes
single-family detached dwellings, then the affordable housing units
shall be single-family detached dwellings. For mixed housing type
developments, e.g., single-family detached and single-family attached,
the affordable dwellings shall be constructed in the same proportion
as the mix of housing types for the market-rate units, except that
the Town Board, in its discretion, may vary this requirement where
it determines that an alternative mix of affordable housing units
will improve housing affordability and negate equity issues when allocating
dwellings among eligible households.
(3)Â
Dwelling type and size. An affordable dwelling may be a multifamily,
single-family detached or single-family attached dwelling subject
to the occupancy standards set forth below. The Town Board has the
authority, by local law or resolution, to establish a minimum and
maximum size for affordable dwellings by housing and bedroom type.
[Amended 5-21-2015 by L.L. No. 2-2015]
(4)Â
Phasing. For any development that will be constructed in phases,
the schedule below shall apply. Certificates of occupancy shall be
issued for market-rate dwellings when the required percentage of affordable
dwellings has been completed and a certificate of occupancy issued
for the affordable dwellings.
Percentage of Market-Rate Dwellings Receiving Certificates
of Occupancy
|
Percentage of Affordable Dwellings Receiving Certificates
of Occupancy
| |
---|---|---|
Up to 25% of total
|
0 (none required)
| |
50%
|
At least 50%
| |
100%
|
100%
|
(5)Â
Occupancy standards.
(a)Â
To prevent overcrowding or underutilization of affordable housing
at the time of purchase or rent, the following schedule of occupancy
shall apply:
Number of Bedrooms
|
Maximum Number of Persons
| |
---|---|---|
0 (studio)
|
1
| |
1
|
2
| |
2
|
4
| |
3
|
6
| |
4
|
8
|
(b)Â
The affordable dwelling shall be the primary residence of the
owner or renter. An owner shall not rent the affordable dwelling to
others and a renter may not sublet the affordable dwelling, except
that one-year subleases shall be permitted if the household is required
to move temporarily for reasons of employment, health, or family emergency,
not to exceed a total of two years. This exception shall not apply
to a developer of an affordable dwelling.
(6)Â
Maintenance as a continuing obligation. An affordable dwelling shall
be maintained as affordable in a manner as prescribed by procedures
established by the Town Board or its designee. No household shall
make any improvements that require a building permit without prior
written permission.
(7)Â
Builder's specifications. An affordable dwelling shall be maintained
at least at the original builder's specification level. At the time
of resale, the Town Board may determine that such unit has not been
properly maintained and shall be authorized to impose such assessments
as necessary to reasonably return the dwelling to its original conditions.
Such assessment shall be deducted from that portion of the selling
price reverting to the seller of the unit.
(8)Â
Affordability restrictions. An affordable dwelling shall remain affordable
for 30 years.
(9)Â
Tax assessment. The Tax Assessor of Pine Plains shall consider the
limited resale value of an affordable dwelling and/or the limited
rental value of units when determining the appropriate assessment
on said dwelling.
(10)Â
Additional standards.
(a)Â
The Town Board, by local law or resolution, may establish such
other standards, rules and regulations it deems necessary to ensure
the design intent applicable to an affordable dwelling is met.
(b)Â
The following minimum standards are hereby established:
[Added 5-21-2015 by L.L.
No. 2-2015]
Affordable Housing Size and Building Standards
| |||||
---|---|---|---|---|---|
Building Type
|
Number of Bedrooms
|
Minimum Gross Square Footage
|
Maximum Gross Square Footage
|
Number of Bathrooms
| |
Single-family attached or detached
|
2
|
1,200
|
1,500
|
1
| |
3
|
1,400
|
2,000
|
1.5
| ||
Garden-style condominiums (owner-occupied)/ apartments (renter-occupied)
|
0
|
550
|
700
|
1
| |
1
|
650
|
850
|
1
| ||
2
|
800
|
1,000
|
1
| ||
3
|
950
|
1,200
|
1.5
|
Additional design standards:
| ||
Note: Maximum gross square footage as per Dutchess County Planning
Department recommendation.
| ||
1.
|
All affordable housing must have a refrigerator, range and range
hood, dishwasher, and complete electric and plumbing connections and
a dryer exhaust for a clothes washer and dryer.
| |
2.
|
The refrigerator must be at least 18 cubic feet and frost-free.
A thirty-inch electric, porcelain-enameled range/oven and range hood
must be supplied.
| |
3.
|
All carpeting must meet minimum Federal Housing Administration
(FHA) specifications.
| |
4.
|
Unit landscaping must be as designated on an approved site or
subdivision plan.
| |
5.
|
Shelving must be included in closets.
| |
6.
|
The main bathroom must include a vanity.
| |
7.
|
Affordable housing shall have full basements if market-rate
units have full basements.
| |
8.
|
Use cement board siding or other long-lasting siding in the
construction of affordable dwellings.
| |
9.
|
Use Energy Star compliant windows and doors.
|
G.Â
Sales and rental values.
(1)Â
Affordable for-sale dwelling.
(a)Â
Calculation of initial sales price. The initial sales price
shall be set by a schedule prepared annually by the Town Board which
shall ensure that an income-eligible household shall have adequate
income to qualify to purchase an affordable dwelling. The initial
sales price of an affordable dwelling shall be calculated such that
the annual cost of the sum of principal, interest, taxes and insurance
(PITI) and common charges, as applicable, shall not exceed 30% of
the income of a household earning 80% of the Town of Pine Plains median
family income adjusted for bedroom size, using a standard of 1.5 persons
per bedroom. Costs shall be determined based on a thirty-year fixed-rate
mortgage at prevailing interest rates with a downpayment of 5%.
[Amended 5-21-2015 by L.L. No. 2-2015]
(b)Â
Resale of affordable dwelling. The Town Board shall establish,
by local law or resolution, procedures for the resale of an affordable
dwelling to ensure that the units remain affordable while allowing
for a limited equity appreciation for the homeowner.
(c)Â
Deed restriction. The original deed and any subsequent deed
or instruments used to transfer title to an affordable dwelling shall
include a provision indicating that the housing unit is an affordable
dwelling subject to restrictions on occupancy and resale. Said restrictive
language shall be established by the Town Board.
(2)Â
Affordable rental dwelling.
(a)Â
Calculating permissible rent. Maximum monthly rent, including
utilities (heat, hot water and electric), shall be set by local law
or resolution and updated annually by the Town Board. Rent for an
affordable dwelling shall include an estimated cost for utilities
and shall not exceed 30% of the maximum family income of an income-eligible
household earning 60% of the Town of Pine Plains median family income
adjusted for bedroom size, using a standard of 1.5 persons per bedroom.
Maximum rent shall be set in such a manner that an income -eligible
household will have sufficient income to qualify to rent said dwelling.
[Amended 5-21-2015 by L.L. No. 2-2015]
(b)Â
Lease terms and renewal. An eligible household for an affordable
rental dwelling shall sign a lease for an initial term of one year.
As long as the household remains eligible and has complied with the
terms of the lease, the household shall be offered a two-year renewal
thereafter. Adequate proof of household income shall be provided to
the Town Board or its designee. If at the time of renewal the household's
income exceeds the maximum income limit established by the Town Board,
such household shall be offered a market-rate rental dwelling in the
development if available. If no such market-rate rental is available,
the household may renew the lease for one more year, subject to the
condition that should a market-rate dwelling become available, the
household shall be required to move to said market-rate rental dwelling.
At the end of the lease for such additional year, the household shall
have no further right to reside in the affordable rental dwelling.
At that time, the landlord shall have the option of increasing the
rent to the prevailing market rate, provided that the landlord shall
make a comparable rental unit available to another eligible household
at the restricted affordable housing rental rate.
(c)Â
Town Board review. All lease terms shall be reviewed and approved
periodically by the Town Board.
H.Â
Applicant eligibility.
(1)Â
Income eligibility. For "for sale" dwellings, a household shall be
determined to be income-eligible where its annual family income does
not exceed 80% of the median family income for the Town of Pine Plains.
Median family income will be calculated using the most recent estimate
of median family income reported by the U.S. Census Bureau and adjusted
on an annual basis to account for inflation or deflation, as the case
may be, until the median family income is updated in the next U.S.
Census Bureau survey. The median family income level for Pine Plains
will be adjusted using the Consumer Price Index (CPI) for All Urban
Consumers for the Poughkeepsie-Newburgh-Middletown Metropolitan Statistical
Area (encompassing Dutchess County and Orange County, NY), published
by the U.S. Bureau of Labor Statistics, and adjusted based on family
size using the U.S. Department of Housing and Urban Development published
family size adjustment data. For rental dwellings, a family shall
be determined to be income-eligible where its annual family income
does not exceed 60% of the median family income for the Town of Pine
Plains for a family of four, and calculated annually as set forth
above for "for sale" dwellings. The Town Board may establish by local
law or resolution additional standards to ensure income eligibility.
[Amended 5-21-2015 by L.L. No. 2-2015]
(2)Â
Selection priority. Once an applicant is determined to be eligible
to participate in the affordable housing program based on applicable
income levels, preference will be given to applicants on the basis
of the following factors. An "applicant" shall be defined to include
any and all family members 18 years of age and older who will occupy
the affordable housing dwelling as a primary residence. An applicant
seeking preference based on voluntary service must provide an affidavit
from an authorized person within such organization attesting to the
applicant's length of voluntary service or employment. The Town Board,
by local law or resolution, may establish a point system to prioritize
households that fall within the following categories:
(a)Â
Volunteer Fire Department or Ambulance Corps members serving
the Town of Pine Plains, with a minimum of six months of consecutive
active service.
(b)Â
Paid emergency service personnel serving the Town of Pine Plains,
including police, fire and emergency medical services, with a minimum
of six months of employment.
(c)Â
Town of Pine Plains full-time municipal employees, with minimum
of six months of employment.
(d)Â
School district employees for any schools that provide education
services to students who live in Pine Plains, with a minimum of six
months of employment.
(e)Â
Veterans of the United States Armed Forces, honorably discharged.
(f)Â
Persons employed in the Town of Pine Plains.
(g)Â
Resident of the Town of Pine Plains who have lived in Pine Plains
for at least three years.
(h)Â
Former residents of the Town of Pine Plains who are able to
document that they resided in the Town for at least three years.
(i)Â
Dutchess County residents for at least three years, not residing
in Pine Plains.
(j)Â
All income-eligible households not covered above.
(3)Â
Noneligible applicants. In the event that there are no eligible applicants
for affordable dwellings by application of the selection criteria,
the Town Board may allow, by resolution, an affordable dwelling to
be rented by the owner on a temporary basis at market rate.
I.Â
Administration. The Town Board of Pine Plains shall administer this
affordable housing program. The Town Board may delegate its responsibilities
to an Affordable Housing Committee. The Town Board may also hire staff
or contract with Dutchess County or another qualified not-for-profit
organization, governmental agency, or private consultant to administer
all or a portion of the affordable housing program under the direction
and oversight of the Town Board or an Affordable Housing Committee.
The responsibilities and duties of the Town Board shall include, but
shall not necessarily be limited to, the following:
(1)Â
Review and approve an affordable housing application.
(2)Â
Maintain eligibility priority list, annually certify and recertify
applicants.
(3)Â
Establish annual maximum income limits; rental, sale and resale prices.
(4)Â
Maintain list of affordable dwellings in the Town.
(5)Â
Review and approve deed restrictions applicable to an affordable
dwelling.
(6)Â
Review and approve the lease terms for an affordable rental dwelling.
(7)Â
Promulgate rules and regulations as necessary.
(8)Â
Such other and additional responsibilities and duties as established
by the Town Board by local law or resolution.
[Amended 10-20-2022 by L.L. No. 3-2022]
A.Â
Purpose. The Town of Pine Plains hereby recognizes that solar photovoltaic
(PV) installations are now considered normal and customary accessory
uses to residences, commercial buildings and farms. Installation of
such facilities in all Town zoning districts shall be permitted pursuant
to a three-tiered system. Tier 1 is for accessory roof-mounted solar
PV installations, Tier 2 is for accessory ground-mounted solar PV
installations, and Tier 3 is for large-scale solar installations.
Tier 3 installations are not considered customary accessory uses,
as they generate power for off-property use.
B.Â
Tier 1: Roof-mounted solar PV installations.
(1)Â
Tier 1 applies to roof-mounted solar PV installations that are accessories
to principal uses. The installation of roof-mounted solar PV installations
is permitted as an accessory use to residences, pursuant to the Town
of Pine Plains NYS Unified Solar Permit Process by the Town Code Enforcement
Officer.
(2)Â
In order to qualify as an accessory use permitted pursuant to the
Town of Pine Plains NYS Unified Solar Permit, the following criteria
must be met by the applicant:
(a)Â
The facility must have a rated DEC capacity of 25kW or less.
(b)Â
The solar PV installation may generate up to 110% of the existing
or potential energy demand for on-site uses. The installation may
not generate energy for off-site uses.
(c)Â
The facility must be mounted on a permitted roof structure or
on a legal accessory structure such as garage or shed roof.
(d)Â
The facility must be installed by a solar installation contractor
in compliance with all licensing and other requirements of the Town
of Pine Plains and the state.
(e)Â
Glare. All solar panels shall have anti-reflective coating(s).
(f)Â
If the structure on which the facility is installed is a sloped
roof, the solar panels must be mounted parallel to the roof's surface.
[1]Â
The Zoning Enforcement Officer may permit solar installations
that vary slightly from being parallel to the roof's surface
if there is a significant reason to do so.
[2]Â
Solar panels on pitched roofs shall be mounted with a maximum
distance of eight inches between the roof surface the highest edge
of the system.
[3]Â
Solar panels on pitched roofs shall not extend higher than the
highest point of the roof surface on which they are mounted or attached.
(g)Â
Solar panels on flat roofs shall not extend above the top of
the surrounding parapet, or more than 24 inches above the flat surface
of the roof, whichever is higher.
(3)Â
The applicant must utilize the Town of Pine Plains NYS Unified Solar
Permit which may be obtained from the Town Clerk or the Town Code
Enforcement Officer during regular business hours. The application
process shall be a unified permit streamlined process approved by
the Town Code Enforcement Officer with the submission of the permit
and all required application material as identified in the Town of
Pine Plains NYS Unified Solar Permit. Permits will be issued within
21 calendar days upon receipt of complete and accurate applications.
The Code Enforcement Officer will provide feedback within 14 calendar
days of receiving incomplete or inaccurate applications.
C.Â
Tier 2: Ground-mounted solar PV installations.
(1)Â
Tier 2 applies to any ground-mounted solar PV installations that
are an accessory to the primary use on a parcel. The solar PV installation
may generate up to 110% of the existing or potential energy demand
for on-site uses. The installation may not generate energy for off-site
uses.
(2)Â
For installations within the Hamlet Zoning Districts (H-BUS, H-MS,
H-CR, H-R, H-PC, H-B, and LI) Zoning Districts:
(a)Â
A site plan review is required for Tier 2 solar PV installations
in the Hamlet and LI Zoning Districts.
(b)Â
Within the Hamlet and LI Zoning Districts, the Planning Board
shall consider opportunities to minimize visual impact to neighbors
and public space and right-of-way. In reviewing an application, the
Planning Board may impose conditions to minimize visual impacts, including,
but not limited to, screening and additional setbacks.
(c)Â
Glare. All solar panels shall have anti-reflective coating(s).
(e)Â
Height. The maximum height for Tier 2 solar installations shall
not exceed 12 feet in height above the ground measured from the ground
under the solar panel to the highest point of the solar panel or racking
system, whichever is greater.
(3)Â
For installations within the R and WP Zoning Districts, the Planning
Board shall consider opportunities to minimize visual impact to neighbors
and public space and right-of-way. In reviewing an application, the
Planning Board may require conditions to minimize visual impacts,
including, but not limited to, screening of solar installations, and
additional setbacks from parcel boundaries.
(a)Â
Site plan review is required for Tier 2 solar PV installations
in the R and WP Zoning Districts.
(c)Â
Glare. All solar panels shall have anti-reflective coating(s).
(d)Â
Height. The maximum height for Tier 2 solar installations on
lots that are less than or equal to 2 acres shall not exceed 12 feet
in height above the ground measured from the ground under the solar
panel to the highest point of the solar panel or racking system, whichever
is greater.
(e)Â
Lots greater than two acres.
[1]Â
Solar PV installations may be in the front, side, and rear yards.
[2]Â
A setback of 10 feet is required from the parcel boundary. A
larger setback may be required by the Planning Board for safety and
to minimize visual impacts.
[3]Â
A setback of 25 feet is required from any public roadway.
[4]Â
A preapplication conference with the Building Inspector is recommended.
[5]Â
Glare. All solar panels shall have anti-reflective coating(s).
[6]Â
Height. The maximum height for Tier 2 solar installations on
lots greater than two acres but less than five acres shall not exceed
12 feet in height. The maximum height for Tier 2 solar installations
on lots with an area of five acres or more shall not exceed 15 feet
in height. Tier 2 solar installation height shall be measured from
the ground under the solar panel to the highest point of the solar
panel or racking system, whichever is greater.
D.Â
Tier 3: Large-scale solar installations, solar farms, and solar installations
that produce greater than 110% of on-site energy demand.
(2)Â
Tier 3 applies to any solar installation for off-property use or
for a solar PV installation that generates in excess of 110% of existing
or potential demand.
(3)Â
Purpose. Tier 3 regulations seek to preserve large parcels of land
in Pine Plains and carefully regulate large-scale solar farms that
generate energy for areas outside of the Town.
(4)Â
Preapplication meeting required.
(a)Â
A preapplication conference with the Planning Board is required
for all Tier 3 installations. The applicant shall discuss the project
with the Planning Board and should present a visual impact study and
a sketch plan of the installation.
(5)Â
Special permit and site plan approval is required for all Tier 3
installations.
(a)Â
During site plan approval, the Planning Board shall review the
application and visual impact study for proposed lighting, site security,
grading and clearing of vegetation, and for impacts to rural character,
farms, farm structures, and ridgelines. The Planning Board may require
the installation to be screened when viewed from roads, parks, or
public spaces, and may require that utilities be buried underground
or otherwise hidden from view.
(b)Â
Applicants must submit a property operation and maintenance
plan during site plan approval. Such plan shall describe continuing
photovoltaic maintenance and property upkeep, such as mowing and trimming.
(c)Â
Preservation of agricultural lands and natural vegetation and
habitat. The applicant must show how agricultural lands, prime agricultural
soils, natural vegetation and habitat are preserved to the greatest
extent possible. Solar installation impacts to these resources should
be minimized.
(d)Â
Pine Plains recognizes that solar energy systems can be designed
and installed in a manner that allows the land underneath solar panels
and near the solar installations to be used for agricultural purposes.
The Planning Board may grant greater flexibility to applicants who
propose installations where agricultural operations would occur jointly
with the production of solar energy.
(7)Â
Glare. All solar panels shall have anti-reflective coating(s).
(8)Â
Catastrophic weather events.
(a)Â
In the event of a catastrophic weather event, the Planning Board
may review an in-kind reconstruction of the solar energy system in
an expedited manner.
(9)Â
Decommissioning.
(a)Â
Solar energy systems that have been abandoned and/or not producing electricity for a period of 1 year shall be removed at the owner's and/or operator's expense, which at the owner's option may come from any security made with the Town of Pine Plains as set forth in Subsection D(9)(c) herein.
(b)Â
A decommissioning plan signed by the owner and/or operator of
the solar energy system shall be submitted by the applicant, addressing
the following:
(c)Â
Security.
[1]Â
The deposit, executions, or filing with the Town Clerk of cash,
bond, or other form of security reasonably acceptable to the Town
attorney and/or engineer shall be in an amount sufficient to ensure
the good faith performance of the terms and conditions of the permit
issued pursuant hereto and to provide for the removal and restorations
of the site subsequent to removal. The amount of the bond or security
shall be 125% of the cost of removal of the Tier 3 solar energy system
and restoration of the property with an escalator of 2% annually for
the life of the solar energy system. The decommissioning amount shall
be reduced by the amount of the estimated salvage value of the solar
energy system.
[2]Â
In the event of default upon performance of such conditions,
after proper notice and expiration of any cure periods, the cash deposit,
bond, or security shall be forfeited to the Town of Pine Plains, which
shall be entitled to utilize the cash deposit, or bond or other security.
The cash deposit, bond, or security shall remain in full force and
effect until restoration of the property as set forth in the decommissioning
plan is completed.
[3]Â
In lieu of a removal bond, the Town Board, in its discretion, may permit the owner and/or operator to enter into a decommissioning agreement with the Town which provides, in relevant part, that if the decommissioning of the site is not completed within six months of the time period specified in § 275-24D(8)(a) above, the Town may, at its own expense, enter the property and remove or provide for the removal of the structures and equipment and/or the restoration of the site, as the case may be, in accordance with the decommissioning plan. Such agreement shall provide, in relevant part, that the Town may recover all expenses incurred for such activities from the defaulting property owner and/or operator. The cost incurred by the Town shall be assessed against the property and shall become a lien and tax upon said property and shall be added to and assessed as part of the taxes to be levied and assessed thereon and enforced and collected with interest in the same manner as other taxes. If such decommissioning agreement is made, it shall be recorded by the landowner with the land records of Dutchess County and shall be an agreement which binds subsequent owners of the site. A copy showing the stamp of the recorder of deeds shall be given by the landowner to the Town Clerk. This provision shall not preclude the Town from collecting such costs and expenses by any other manner by action in law or in equity. In the event of any such legal proceedings, the owner and/or operator, as the case may be, shall be liable for all legal expenses, costs and disbursements in connection with said litigation, as awarded by a court of competent jurisdiction.