Town of Red Hook, NY Supplementary regulations

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

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

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

The following uses and activities shall be exempt from these noise regulations:

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

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

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

The sound of bells or chimes from a church.

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

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

Glare and heat. No unreasonable glare or heat shall be produced that is perceptible beyond the boundaries of the lot on which such use is situated. Special efforts shall be required, such as the planting of vegetation and the installation of light shields, to alleviate the impact of objectionable or offensive light and glare produced by exterior sources on neighboring residential properties or public thoroughfares. In particular, no use shall produce glare so as to cause illumination beyond the property on which it is located in excess of 0.5 footcandle.

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

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

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

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

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

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

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

§ 143-26 Off-street parking and loading standards.

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

In the case of a building or structure legally existing at the time of the enactment of this chapter, such required provision of permanent off-street parking and loading space shall be limited to that required due to the extent that the existing building or structure is proposed to be enlarged or increased in capacity by adding dwelling units, guestrooms, seats or floor area or to the extent that the changed use requires more permanent off-street parking or loading space than the lawful occupancy of the building or structure at the time of enactment of this chapter.

Required number of off-street parking spaces.

The minimum number of off-street parking spaces stated below shall be required and shall be construed to include those off-street parking spaces necessary to accommodate handicapped persons in accordance with the requirements of the New York State Uniform Fire Prevention and Building Code:

[Amended 3-8-2016 by L.L. No. 1-2016; 12-22-2021 by L.L. No. 6-2021]

Type of Use		Number of Spaces
Residential uses
	Single-family dwelling	2
	Single-family dwelling with accessory apartment	3
	2-family dwelling	4
	Multifamily dwelling, except elderly or senior citizen housing	2 per dwelling unit
	Elderly or senior citizen housing	1 per dwelling unit
	Boardinghouse or rooming house or short-term rental (but excluding registered STR)	1 per guestroom, plus required spaces for occupants of other dwelling units on premises
	Accessory apartment	2 per dwelling unit
	Home occupation	1 per 200 square feet of such use, if customers or clients routinely visit use, plus 1 per employee from outside household
General uses
	Meeting halls, membership clubs, auditoriums, theaters or other places of public assembly not otherwise specified	1 per 4 seats or 60 square feet of seating area where fixed seating is not provided
	Churches	1 per 6 seats
	Academic schools and other educational institutions	1 per 12 classroom seats or the auditorium requirement as specified above, whichever is greater
	Nursery school or childcare center	1 per 5 children enrolled on a regular basis
	Cultural facilities (library, art gallery or museum) or philanthropic and institutional uses	1 for each 300 square feet of gross floor area
	Hospital or nursing home	1 for each 2 beds computed on the basis of the maximum bed capacity of the structure
Business and commercial uses
	Funeral home	1 per 5 seats within public areas
	Medical clinic and related professional health service office	5 per professional, plus 1 per other employee
	General or professional office	1 per 200 square feet of office floor area for the first 2,000 square feet, and 1 per 250 square feet thereafter
	Retail business, store or service shop	1 per 150 square feet of retail/service floor area, or 1 per 200 square feet of gross floor area, whichever is greater
	Convenience store	1 per 150 square feet of gross floor area, and queuing area at gasoline pumps, if provided
	Hotel, motel or inn	1 per guestroom, plus 1 per employee, plus required spaces for any restaurant or other use maintained on the premises
	Lodging	1 per guestroom, plus 1 per employee, plus required spaces for any accessory use
	Restaurant, tavern or other eating and drinking establishment	1 per 3 seats or 75 square feet of floor area available to patrons, whichever is greater, plus 1 per 75 square feet of outdoor service area
	Bowling alley, billiard hall, golf course, tennis club or similar use	5 per alley, tee, court, table or similar measure
Light manufacturing, utility, wholesale and similar uses		1 per employee on largest shift, plus necessary space for visitors and company vehicles
	Automobile service facility or similar uses	At least 10, plus 1 per employee

For uses not specifically listed, the requirement shall either be the same as for the most similar use listed as determined by the Planning Board at the time of special permit and/or site plan review, as provided for in Articles VI and VII, respectively, of this chapter, or as deemed reasonable and appropriate by the Planning Board based upon empirical data regarding similar uses and, where available, accepted planning and site design standards.

In the case of a combination of uses on a single parcel, the requirement for off-street parking spaces shall be the sum of the requirements for the various individual uses, unless it can be established by the applicant to the satisfaction of the Planning Board that staggered hours of use would permit reduction of this requirement.

In particular, up to 50% of the parking spaces required for churches, theaters and similar places of public assembly with peak attendance on Sundays and/or evenings may be assigned to another use or uses which will be closed on Sundays and/or evenings, as applicable.

Location and design standards for off-street parking spaces.

Areas which may be considered as meeting off-street parking space requirements may include a garage, carport or other properly developed area available for parking, not to include a public street.

In all districts, parking areas shall be located no closer to any property line than the minimum parking setbacks established in the District Schedule of Area and Bulk Regulations.[1] If parking associated with nonresidential use is abutting an existing residential use or a residential district, a minimum separation of 20 feet, or such greater distance as may be required in the aforesaid schedule, between any parking area or access thereto and the residential property line shall be maintained and shall be suitably landscaped as a natural buffer area.

Editor's Note: The schedule has been included at the end of this chapter.

Required off-street parking spaces shall be provided on the same lot as the use or structure to which they are accessory, except that off-street parking spaces required for structures or land uses on two or more adjacent lots may be provided in a single common facility on one or more of said lots. Required setbacks may be waived for this purpose. A legal instrument, satisfactory to the Town Attorney and filed in the Dutchess County Clerk's office, shall assure the continued existence of the parking facility to serve said structures or land uses as long as they may exist. Such agreements shall also guarantee that, upon the termination of such joint use, each subsequent use of the premises will provide off-street parking facilities for its own use in accordance with all requirements of this chapter.

Parking space standards.

Each parking space shall be at least nine feet wide and 19 feet in length. Each space shall have direct and usable driveway access to a street and adequate maneuvering area between spaces in accordance with proper site engineering standards, including but not limited to the following:

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

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

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

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

[e]

Perpendicular (ninety-degree) parking: twenty-six-foot aisle width for one-directional or two-directional flow.

The front or rear overhang of any parked vehicle shall not encroach upon any pedestrian walkway or required setback or buffer area.

All parking areas shall be suitably drained, graded, surfaced and maintained to avoid nuisances of dust, erosion or excessive water flow across public ways or adjacent lands. Except for one- or two-family dwellings, parking lot surfacing requirements shall be established by the Planning Board under site plan review, as provided for in Article VII of this chapter, with particular consideration given to the number of vehicles accommodated and the proposed intensity and season(s) of use. The Planning Board shall typically require that paved parking areas be suitably marked to indicate individual parking spaces, maneuvering areas, entrances and exits.

Parking areas and related traffic ways shall be enhanced with natural perimeter landscaping and landscaped islands, where appropriate, consisting of carefully selected and maintained individual trees, tree groupings and associated natural ground covers. Any parking area for more than 50 vehicles shall specifically include one or more landscaped areas wholly within the parking area. Such landscaped areas or islands shall be equal in area to not less than 10% of the aggregate area of the paved parking surface, including all related traffic ways.

The maximum grade within a parking area shall be 5%.

With the exception of driveways for one- and two-family dwellings on minor subdivision streets which serve 20 or fewer residences, all off-street parking areas shall be designed to eliminate the need to back out onto the public street, road or highway.

In order to encourage safe and convenient traffic circulation, the Planning Board may require the interconnection of parking areas via access drives within and between adjacent lots. The Board shall require written assurance and/or deed restrictions, satisfactory to the Town Attorney, binding the owner and his successors and assignees to permit and maintain such internal access and circulation and interconnection of parking facilities.

Required off-street loading berths. Off-street loading which is designed logically, conveniently located for bulk pickups and deliveries, scaled to delivery vehicles anticipated and accessible to said vehicles when required off-street parking spaces are filled shall be considered for all commercial and light manufacturing uses and provided as deemed necessary by the Planning Board during site plan review in accordance with Article VII of this chapter.

§ 143-27 Sign standards.

No sign shall be erected, altered, relocated or maintained in any zoning district except in accordance with the provisions stated herein.

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

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

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

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

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

Not be roof-mounted nor otherwise mounted on a building in a way so as to extend above the wall of the building to which it is attached.

Not rotate or otherwise move, nor be illuminated by or contain flashing, intermittent, rotating or moving light or lights.

Not be internally illuminated if greater than eight square feet in area, with the exception of the HB District where no internally illuminated signs are permitted, nor contain luminous material, sequin-studded lettering or lettering with fluorescent paint.

[Amended 5-30-2018 by L.L. No. 3-2018]

If freestanding, not exceed 10 feet in height nor be located closer than 15 feet to any property line.

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

With the exception of temporary signs discussed in Subsection C(1) and (2) herein, be permanently and directly affixed to either the ground, a building or a sign structure and may not be a portable sign, i.e., a device on wheels or a stand that is designed to be easily moved, the purpose of which is to display an advertising message or other announcement.

Permitted temporary signs.

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

Construction signs, limited to one unlighted sign not exceeding 20 square feet in surface area and identifying the parties involved in the design, financing and/or provision of labor and materials associated with the construction on the premises where the sign is located, but not including the advertisement of any product. Such signs shall be removed prior to the issuance of a certificate of occupancy and the initiation of intended use of the premises.

Event signs, not exceeding 24 square feet in surface area, displayed on private property and limited to one such event sign per premises, announcing a campaign, drive or event of a not-for-profit civic, philanthropic, educational or religious organization to be erected not more than 20 calendar days prior to the event and removed within a period of 48 hours after the event.

Real estate "for sale" signs and signs of a similar nature not exceeding six square feet per side in area on the premises for sale or lease if located within a residential zoning district and not exceeding 12 square feet per side if located within a nonresidential zoning district and related to a nonresidential premises.

Nonilluminated window advertising signs which occupy no more than 25% of the total window area of the principal facade or facades of the establishment.

Event signs, not exceeding 20 square feet in surface area, displayed on private property and limited to one such event sign per premises, announcing a special sale, promotion or other activity conducted by a business, service or commercial establishment, are permitted in any zoning district on an individual event or annual basis upon the filing of an application, payment of a nominal sign permit fee and issuance of a sign permit by the Zoning Enforcement Officer. Such event signs shall be used no more than six times within a period of 12 calendar months on a premises and shall be placed not more than one week prior to the sale or other event and shall be removed within a period of 24 hours after the sale or other event. Notwithstanding anything to the contrary set forth herein, no such temporary sign shall be erected or displayed for more than a continuous period of 15 days for any single event.

[Amended 7-11-1995 by L.L. No. 1-1995]

Permitted permanent accessory and identity signs. Upon filing of an application and payment of the required sign permit fee in accordance with a schedule established and reviewed annually by the Town Board and the issuance of a sign permit by the Zoning Enforcement Officer, the following signs shall be permitted in accordance with the identified standards related to number, size and location. The application for sign permit shall be accompanied by a general description and graphic representation of the sign, including proposed height and size of the sign, materials and method of construction, location and illumination, if any.

For permitted home occupations, a single identity sign not exceeding four square feet in total surface area and identifying the occupation conducted on the premises. Unless attached to the principal structure, no such sign shall be located closer than 15 feet to the front property line, nor closer than 20 feet to any other property line.

For nonresidential uses within the LD, RD5, RD3, R1.5 and R1 Districts, a single identity sign not exceeding 12 square feet in surface area per side, except as otherwise stated by this chapter, and identifying only the name of the establishment and its principal service or purpose.

A residential identity sign at each principal access point stating the name of a residential subdivision or multifamily development, not exceeding 16 square feet in surface area and located no closer than 15 feet to the public right-of-way.

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

Nonresidential uses in the Business 1 (B1), Business 2 (B2), and Hamlet Business (HB) Districts.

[Amended 5-30-2018 by L.L. No. 3-2018; 6-26-2019 by L.L. No. 5-2019]

For nonresidential uses in the Business 1 (B1), Business 2 (B2), and Hamlet Business (HB) Districts, a freestanding identity sign not to exceed 24 square feet in surface area and/or one identity wall sign mounted to the surface of the building not to exceed one square foot per three linear feet of building frontage and/or two permanent accessory wall signs advertising products and/or services provided on the premises, each not to exceed four square feet in surface area, shall be permitted. The maximum total signage per single-business premises shall be 60 square feet. In the HB District, freestanding signs shall not be permitted where the principal building is set back less than 20 feet from the front property line.

When two or more wholly independent businesses or activities are located on a single premises in a B1, B2, or HB District but do not constitute a shopping center, office complex or light industrial park, as such terms are defined within § 143-4 of this chapter, one complex sign not to exceed 16 square feet shall also be allowed, except that if the number of independent businesses or activities exceeds four, the maximum square footage of the complex sign shall be increased to 24 square feet. A single identity wall sign not exceeding six square feet may additionally be provided for each business or activity, with such signs, however, being considered a portion of the maximum total signage of 60 square feet per premises, as cited above and exclusive of the complex sign.

Where the development on the premises exceeds a total of 20,000 square feet of gross floor area and meets all other definitional criteria established by this chapter so as to be considered a shopping center, office park or light industrial park, the maximum total signage on the premises shall be four square feet per 1,000 square feet of floor area, not to exceed 200 square feet, exclusive of the complex sign. In the case of a shopping center, office complex or light industrial park, the permitted square footage of the complex sign shall also increase to 40 square feet, and a single wall sign not exceeding 12 square feet may be provided for each business or activity.

If either of the above subsections is applicable to a single premises, it shall be the responsibility of the owner of the premises to submit to the Planning Board at the time of site plan review and approval, as set forth in Article VII of this chapter, a specific plan or schedule for the allocation of the maximum permissible signage between or among the businesses or activities tenant to the premises. Said plan or schedule shall be reviewed by the Planning Board and transmitted to the Zoning Enforcement Officer and shall, in combination with the standards set forth herein, serve as the basis for the Zoning Enforcement Officer's consideration of applications for the issuance of individual sign permits within the business complex, shopping center, office park or light industrial park.

For nonresidential uses within the Institutional (I) District, a single identity sign not exceeding 24 square feet in surface area per side, except as otherwise provided in this chapter, and identifying only the name of the institutional use.

For nonresidential uses within the Agricultural Business (AB) District, a single identity sign not to exceed 12 square feet in surface area per side may be provided for each business or activity on the premises.

[Added 7-12-2011 by L.L. No. 3-2011]

Directional signs. Businesses and public destinations relating to but isolated from primary routes of travel (New York State Routes 9, 9G and 199) shall be permitted a maximum of two directional signs as a special permit use, subject to the provisions of Article VI of this chapter, the issuance of a sign permit and the following additional requirements:

In locations with more than one directional sign, all such signs shall be affixed to a common standard and be graphically coordinated and arranged so as to present a neat and orderly appearance. Any such standard shall be designed to accommodate the later addition of further directional signs.

No directional sign shall be more than six square feet in area. In areas with more than one directional sign, the aggregate area of all such signs shall not exceed 20 square feet.

No directional sign shall be located within a public right-of-way or within 10 feet of the highway pavement, whichever is the more restrictive.

§ 143-27.1 Outdoor lighting.

[Added 8-8-2006 by L.L. No. 3-2006]

Purpose. The purpose of this section is to provide standards for outdoor lighting to encourage lighting that conserves energy and resources while providing safety, utility and security; minimizes glare; protects the privacy of residences; reduces atmospheric light pollution; and enhances the Town's nighttime ambience and historic character.

Definitions. The following definitions apply to terms used in this section:

ANGLE OF CUT-OFF

The angle, measured from the lowest point, between the vertical axis and the first line of sight at which the bare source of light is not visible.

FLAG

Any fabric, banner or bunting containing distinctive colors, patterns, or symbols used as a symbol of a government

FOOTCANDLE (FC)

A unit of illuminance amounting to one lumen per square foot.

FULLY SHIELDED FIXTURE

An outdoor lighting fixture that, by design of the housing, does not allow any light dispersion or direct glare to shine above the horizontal plane from the base of the fixture. Fully shielded fixtures must be installed in a horizontal position as designed, or the purpose of the design is defeated, and direct glare will result.

GLARE

The eye's line-of-sight contact with a direct light source that causes annoyance, discomfort, or loss in visual performance and ability.

HEIGHT OF THE LUMINAIRE

The vertical distance from the ground directly below the center line of the luminaire to the lowest direct-light-emitting part of the luminaire.

ILLUMINANCE

The emitted or reflected light on a surface. The unit of measurement for illuminance is footcandle or lux.

LIGHT TRESPASS

Light from an artificial light source that intrudes into an area where it is not wanted or does not belong. Light trespass includes glare from direct light as well as unwanted spill light.

LUMINAIRE

A complete lighting unit consisting of one or more lamps (light sources), together with the parts designed to control the light disturbance and other mechanical and electrical components.

LUX

A unit of illuminance equal to one lumen per square meter.

OUTDOOR LIGHTING

The nighttime illumination of an outside area or object by any man-made device located outdoors that produces light by any means.

OUTDOOR LIGHTING FIXTURE

An electrically powered illuminating device or other outdoor lighting fixture, including all parts used to distribute the light and/or protect the lamp, permanently installed or portable, used for illumination or advertisement. Such devices shall include, but are not limited to, search, spot, flood, and area lighting for: buildings and structures; recreational areas; parking areas, landscaping, signs (advertising and other); streets; product display areas; building overhangs; and open canopies.

RECESSED CANOPY FIXTURE

An outdoor lighting fixture recessed into a canopy ceiling so that the bottom of the fixture is flush with the ceiling.

SPILL LIGHT

Light shining beyond a facility that may annoy occupants of the adjacent property.

UPLIGHTING

Any light source that distributes illumination above a ninety-degree horizontal plane.

WALLPACK FIXTURES

A lighting unit designed for direct mounting on building walls whose primary function is to light building exteriors.

Applicability and submission of plans. An application for any work involving outdoor lighting fixtures that requires subdivision, special use permit and/or site plan approval shall submit, as part of the application, evidence that the proposed work shall comply with the standards of this section. The submission shall contain the following:

Plans indicating the location, height, orientation, type of illuminating device, and wattage of each outdoor lighting fixture;

Description of the illuminating fixtures, lamps, supports, reflectors, and other devices, including, but not limited to, catalog cut sheets by manufacturers and drawings (including sections where required);

Photometric data, such as that furnished by manufacturers, or similar showing the angle of cut-off or light emissions;

Additional information that the Planning Board or Code Enforcement Officer determines is necessary, including, but not limited to, an iso-lux plan indicating levels of illumination in footcandles, at ground level.

Lamp or fixture substitution. Should any outdoor lighting fixture or the type of light source therein be changed after the approval has been issued, a change request must be submitted to the Code Enforcement Officer for revised approval. The Code Enforcement Officer, in consultation with the Town Engineer and Town Planner, shall review the change request to assure compliance with this section. If the change request is not substantial, the Code Enforcement Officer may approve it. If the change request is substantial, the Code Enforcement Officer shall forward such request to the Planning Board for an amended approval, which must be received prior to substitution.

Approved materials and methods of construction or installation/operation. The provisions of this section are not intended to prevent the use of any design, material, or methods of installation or operation not specifically prescribed by this section, provided any such alternate has been approved. The Planning Board may approve such proposed alternative provided it:

Provides at least approximate equivalence to the applicable specific requirement of this section; and

Is otherwise satisfactory and complies with the purpose of this section.

General requirements for all zoning districts.

General standards. All outdoor lights and illuminated signs shall be designed, located, installed, and directed in such manner as to prevent objectionable light at and across the property lines, and to prevent direct glare at any location on or off the property. The lighting levels for outdoor lighting shall be as described in § 143-27.1H.

Prohibitions.

Uplighting is prohibited, with the exception of flags, as defined herein. Externally lit signs, displays, buildings, structures, streets, parking areas, recreational areas, landscaping, and other objects lit for aesthetic or other purposes must be lit from the top and shine downward.

Roof-mounted area lighting is prohibited.

The use of laser lighting for outdoor advertising or entertainment and the operation of searchlights for advertising purposes are prohibited.

The use of mercury vapor lamps, which cast a very bright, unattractive light, and low-pressure sodium lamps, which cast an unattractive yellow/gray light, is prohibited.

Unshielded wallpack-type fixtures are prohibited.

Neon roping or trimming is prohibited.

Shielding. All outdoor fixtures, with the exception of those using lamps not requiring shielding cited in Table 1, shall be fully shielded and installed in such a way that no light is emitted above a horizontal plane running through the lowest part of the fixture. The lighting shall also be shielded to prevent direct glare and/or light trespass, and shall be, as much as physically practical, contained to the target area. All light fixtures that are required to be fully shielded shall be installed and maintained so that the shielding is effective as described in the definition of a fully shielded fixture in this section. Floodlighting is discouraged and, if used, must be shielded to prevent direct glare for drivers and pedestrians; light trespass beyond the property line; light above a horizontal plane.

	Table 1 Shielding Requirements
	Fixture Lamp Type	Shielded
	High-pressure sodium, metal halide, quartz, fluorescent, and incandescent over 50 watts	Fully
	Any light source of 50 watts or less	None
	Other sources	As approved by the Planning Board

Light trespass. Light trespass from a property shall be designed not to exceed 0.25 footcandle at the property line. Adjacent to residential property, no direct light source shall be visible at the property line at ground level or above.

Height. Unless specified elsewhere herein, the maximum allowable height of a freestanding luminaire shall be 20 feet above the average finished grade. The maximum allowable height of a building or structure-mounted luminaire shall be 15 feet.

Spacing. The space between fixtures should be approximately four times the height.

Time controls. All nonessential lighting shall be turned off after business hours, leaving only the necessary lighting for site security, which shall be reduced to the minimum level necessary. "Nonessential" can apply to: display, aesthetic, parking and sign lighting. Motion-sensor security lighting is recommended to promote safety and reduce the amount of night lighting in the Town.

Electrical feeds. To improve the aesthetics of the area, electrical feeds to lighting fixtures and standards shall be run underground, not overhead.

Auto/truck filling stations. Island canopy ceiling fixtures shall be recessed into the canopy ceiling so that the bottom of the fixture is flush with the ceiling.

Recreational facilities, public or private. Lighting for outdoor recreational facilities shall be permitted to exceed the twenty-foot height maximum and shall be allowed by special permit, provided that:

The proposed pole height is required to illuminate the center of the field while minimizing glare on adjacent properties;

Surrounding vegetation or topography will screen views of the poles from adjacent properties;

The fixtures will be fully shielded to prevent light spillage on adjacent properties and to prevent sky glow;

The proposed lighting levels conform to the recommendations of the Illuminating Engineering Society of North America for playing fields;

Adjacent municipalities shall be contacted for their input on the proposed recreational lighting.

Streetlights. Streetlights shall be provided in the R1 and R1.5 Districts in accordance with the following standards:

Street lighting shall comply with § 143-27.1F except for the height requirements of § 143-27.1F(5).

Street lighting shall not exceed 12 feet in height.

Street lighting shall be provided on one or both sides of all streets at intervals no greater than 75 feet on center and at intersections.

Lighting posts and fixtures for streetlights shall be of consistent architectural style on the street.

Street lighting shall be located between the street curb or pavement and the sidewalk.

Existing street lighting shall be brought into conformance with the provisions of this section when fixture or light source replacements are made or when funding becomes available to undertake a comprehensive lighting replacement program.

Illuminance and uniformity. Parking lots shall have an average lighting level at or below one footcandle. High security areas shall have lighting levels of no more than five footcandles, and two to five footcandles is the recommended range. Any more than five footcandles is generally a waste of energy and a source of glare. However, lighting levels for ATM machines shall be in accordance with the New York State ATM Safety Act. Design should establish a hierarchy of lighting to assure a smooth transition from bright areas to those with subdued lighting. Light levels shall be maintained at design levels with lamp or luminaire replacement as needed.

Recommended outdoor lighting types. Table 2 presents recommended outdoor lighting types. For better color quality, visibility, and security purposes, dear white metal halide lighting is recommended in pedestrian and commercial areas.

Table 2: Outdoor Lighting Options
Lighting Type	Color	Comments
Incandescent	Full spectrum, white light	Attractive low-wattage accent and display lighting, or for residential uses
Metal halide	Clear white light	Best for pedestrian and retail areas; products look good and parking lots feel brighter, safer
High-pressure sodium	Yellowish cast	Recommended only where light distribution is valued more than appearance, such as highway lighting

Exemptions. The following uses shall be exempt from the provisions of this section:

Temporary circus, fair, carnival, religious, historic, or civic use.

Construction or emergency lighting, provided such lighting is temporary and is discontinued immediately upon completion of the construction work or abatement of the emergency necessitating said lighting.

Temporary lighting, including holiday lighting for no more than two months per year.

Lighting that is considered a landscape design element and is integral to the aesthetic value of the design, as determined by the Planning Board.

All outdoor light fixtures producing light directly by the combustion of natural gas or other fossil fuels.

Outdoor light fixtures installed on and in connection with those facilities and land owned or operated by a public utility, the federal government, the State of New York, the County of Dutchess, the Town of Red Hook, or any department, division, agency or instrumentality thereof. Voluntary compliance with the intent of this section at those facilities is encouraged.

Inspections. The Town of Red Hook reserves the right to request a post-installation nighttime inspection to verify compliance with the provisions of this section and, if appropriate, to require remedial action.

Maintenance. Lighting fixtures shall be maintained so as to always meet the requirements of this section.

Nonconforming outdoor lighting. No replacement or installation of new lighting fixtures shall be permitted unless in conformance with this section. Nonconforming outdoor lighting that is the subject of subdivision, special use permit and/or site plan applications, certificates of occupancy, nonviolation letters, or other permit, approval, entitlement, or authorization from the Town of Red Hook shall be subject to all of the terms and conditions of this section.

§ 143-27.2 Tree and topsoil removal.

[Added 6-26-2019 by L.L. No. 5-2019]

It is the established policy of the Town of Red Hook that the natural topography of the land is a public asset which should be safeguarded. Natural features such as topography, topsoil, and other natural materials that constitute the land, the shape or contour of the land, the plant life and wildlife that is fostered on the land and the water, are of prime concern to the welfare of the Town's residents and businesses. No changes shall be permitted in such topography or vegetation except those which are absolutely necessary, in order to permit the appropriate use of land, and then only after meeting the conditions of this subsection upon issuance of site plan approval by the Planning Board. Tree and topsoil removal operations are exclusive of the process of removing vegetation, grading a lot preparatory to the construction of a building for which a building permit has been issued, or installing roadways and/or other improvements described on a subdivision plat or site plan approved by the Planning Board.

Site plan approval under this section is not required for the following:

Tree and topsoil removal or other physical alteration involving less than one acre of land, provided that no soils classified by the US Department of Agriculture as "prime farmland soils" are removed from the site.

Agriculture, commercial nursery, small solar energy system, geothermal heating and cooling system, composting facility accessory to a farm, or a farm industry.

For the excavation of topsoil and other natural materials from within the limits of the right-of-way or slope rights of any Town, county or state highway, or for the sole purpose of building roads and the slopes incidental thereto, which lie within the area of a subdivision approved by the Planning Board of the Town of Red Hook or on file in the County Clerk's Office.

Landscaping. For landscaping purposes in which topsoil is removed from one part of the property and deposited on another part of the same property, provided that a cover of at least four inches of topsoil shall remain after such removal and said restored surface shall be planted or seeded and mulched repeatedly as necessary until the area is stabilized.

The site plan shall include pertinent information regarding site boundaries, existing man-made and natural features, including streams, wetlands, wooded areas, all trees over six inches in diameter at breast height within the area of tree and topsoil removal, and both existing and proposed topography, vegetation and proposed revegetation within and adjacent to the area affected by the intended excavation, soil removal, grading activity or tree clearing activity. The specific location of the intended activity within the parcel, the extent and depth of either cut and fill proposed, the specific trees to be removed, and proposed site grading and associated rehabilitation including replanting of trees, whether through the installation of ground cover, shrubs and trees, creation of water bodies, or other means, shall be fully described on the site plan drawings.

A time schedule for completion of the activity shall be submitted for approval, with a requirement that all aspects of the intended tree clearing, removal, fill or grading activity, including associated rehabilitation, be completed within a period of not more than six calendar months from the start of work or within such lesser period between the deferred time work begins and the conclusion of the tree and topsoil removal activity.

To the extent deemed necessary by the Planning Board, the installation and related maintenance of appropriate soil erosion and sediment control measures, until approved site rehabilitation has occurred and become established, shall be required. The applicant shall demonstrate compliance with the Town of Red Hook stormwater management requirements or the New York State Stormwater Management Guidance Manual (as may be amended from time to time), whichever is more stringent.

Except to the extent deemed necessary by the Planning Board and consented to in writing by the adjacent property owner or owners, no excavation, fill, or grading activity that will result in creation of an exposed slope greater than one foot vertical to 10 feet horizontal within 50 feet of a property line or within 100 feet of a neighboring residence shall be authorized. The above notwithstanding, in no event may any exposed slope so located exceed one foot vertical to five feet horizontal.

At the discretion of the Planning Board a performance guarantee, such as an irrevocable letter of credit, certified check, performance bond, escrow deposit or other acceptable assurance equal to the cost of the proposed work and to assure rehabilitation, may be required and, if so, shall be provided. Upon recommendation of the Planning Board and Town Engineer, the guarantee shall be in an amount and form satisfactory to the Town Board and the Town Attorney and shall be accompanied by written assurance that the tree and topsoil removal shall be completed in accordance with the approved site plan.

Any approval for tree and topsoil removal issued under this Zoning Law shall terminate one year from the date of site plan approval.

§ 143-28 Fences and walls.

[Amended 4-27-2016 by L.L. No. 2-2016]

Fences and walls, except for agricultural fencing, shall not exceed six feet in height when erected in a required side or rear yard nor exceed four feet in height when erected within the required front yard except as otherwise specifically required by this chapter.

For purposes of this section, “agricultural fencing” shall be defined in § 143-4.

No fence or wall or other structure in the nature of a fence shall be erected for the sole or dominant purpose of annoying neighboring properties or preventing passage of light, air or view to or from such properties.

In any zoning district, all fences and walls shall additionally conform to the requirements of § 143-16B as pertain to corner lots where special sight clearance considerations are necessary to protect traffic safety.

In all districts except for the AB District, fences and walls shall have the finished face of the fence or wall directed toward the abutting property. The property owner on whose land the fence or wall is located shall be responsible for the maintenance of both sides of the same, provided that if the abutting property owner does not provide access for such maintenance, the property owner shall be relieved of the obligation for maintaining the finished face of the fence or wall.

§ 143-29 Excavation as part of site preparation.

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

No such material may, however, be sold for export from the site except in compliance with § 143-104 of the Zoning Law.

[Amended 6-26-2019 by L.L. No. 5-2019]

§ 143-30 Development near bodies of water.

In order to preserve the open character along major streams for environmental and ecological reasons, all development or other land alteration proposed within 100 feet of the normal streambank of any NYSDEC-classified stream within the Town of Red Hook, within 1,000 feet of the high water mark of the Hudson River or within 100 feet of the boundary of a freshwater wetland as mapped by the New York State Department of Environmental Conservation or established by the Town of Red Hook in accordance with Article 24 of the Environmental Conservation Law and 6 NYCRR 664 shall be subject to special permit review as provided by Article VI of this chapter. Special permit review shall also apply to any development within 100 feet of the high-water mark of any pond, reservoir or other water body in excess of 1/4 acre of water surface area, provided that the pond, reservoir or other water body has not been created as a site element which was earlier subject to site plan or subdivision plat review and approval by the Planning Board.

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

§ 143-31 Development within the Flood-Fringe Overlay (FF-O) District.

All development within the Flood-Fringe Overlay District, as mapped by the Federal Emergency Management Agency (FEMA), shall be subject to special permit review in accordance with the procedures set forth in Article VI of this chapter and the standards set forth in § 143-111 therein, including compliance with the requirements set forth in the Town of Red Hook Flood Damage Prevention Law, Chapter 77, Flood Damage Prevention, of the Town Code.

§ 143-32 Home occupations.

In any district, home occupations, as defined in § 143-4 of this chapter, shall additionally conform to the following use limitations:

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

For purposes of this chapter, a home occupation occurring fully within the dwelling shall be considered a permitted Class 1 home occupation; those home occupations occurring wholly or partially in an accessory building or involving either the temporary or longer-term outdoor storage of materials or equipment used in connection with the home occupation shall be considered Class 2 home occupations which may only be authorized by special use permit in accordance with Article VI of this chapter.

Not more than two such home occupations, whether Class 1 or Class 2, may occur on a single residential premises, with Subsections D, F, H and J below applying to either the single home occupation or the aggregate of the two home occupations occurring on the premises.

The home occupation activity, whether located within the dwelling or in a customary accessory structure, shall, in accordance with the requirements of the New York State Uniform Fire Prevention and Building Code, occupy no more than 500 square feet of gross floor area or 25% of the gross floor area of the dwelling on the premises, whichever shall be the more restrictive.

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

No alteration to the exterior of the principal residential building or customary accessory building used for the home occupation activity shall be made which changes the character thereof as a residential premises except that the addition of a single non-animated, non-illuminated sign, not exceeding four square feet in area, shall be permitted. Any new construction undertaken to accommodate the home occupation activity shall also be wholly consistent with the character of a residential premises.

Outdoor display of goods or outdoor storage of equipment or materials used in the home occupation may be authorized for a Class 2 home occupation, but shall neither be permitted in the front yard of the premises nor clearly visible from a public street or roadway.

Not more than one person other than members of the household occupying such dwelling shall be employed on the residential premises in the conduct of the home occupation.

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

Sufficient off-street parking, not to exceed four parking spaces, shall be provided as required within § 143-26.

Not more than one commercial vehicle in excess of 20 feet in length shall be parked overnight in an unenclosed area.

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

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

Toxic substances used in home occupations such as artists, photographers, doctors and dentists, furniture refinishers, beauty shops and others must be properly stored, properly collected and/or properly disposed of at specially designated toxic waste sites.

A separate certificate of occupancy shall be required for the home occupation activity, with the home occupation use not deemed to be authorized by the issuance of a certificate of occupancy for the principal residential use occurring on the premises.

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

Ambulance service.

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

Beauty salons and barbershops over one chair.

Churches and other places of public assembly.

Restaurants and taverns.

Nursery schools, as defined in § 143-4 of this chapter, or other day-care services for five or more children who are not residents of the dwelling.

Convalescent homes.

Group band instrument instruction.

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

§ 143-32.1 Short-term rentals.

[Added 12-22-2021 by L.L. No. 6-2021]

Hosted STR and un-hosted STR uses are subject to the following regulations in addition to all other requirements of the Code.

An STR is allowed only as an accessory use to a single-family detached dwelling. The single-family dwelling must be the primary residence of the property owner.

A maximum of two guests are permitted per bedroom (children under six years of age shall not count towards this maximum).

An STR shall not be permitted in addition to an accessory dwelling unit or Class 2 home occupation. Only one Class 1 home occupation is permitted on the same parcel as an STR.

An STR shall only be used for overnight accommodations for transient residential occupancy. Activities other than residential occupancy (such as events, gatherings, luncheons, banquets, parties, weddings, meetings, or similar activities) are not permitted. No restaurant may be operated, and no meals may be prepared or served to guests other than to rental occupants of the STR. Meals served to permitted occupants of the STR as in a typical "bed and breakfast" are permitted.

No recreational vehicle, bus, camping or travel trailer, or temporary housing, including, but not limited to, a tent or treehouse, shall be used as an STR. Outdoor storage of recreational vehicles, buses or trailers, including those driven by guests, shall be consistent with all applicable provisions of the Zoning Law, including but not limited to § 143-42 thereof.

The STR shall not exceed the number of bedrooms that are shown in the approved certificate of occupancy or for preexisting occupied structures, the property tax record, or shall otherwise demonstrate compliance with all applicable requirements of the Dutchess County Sanitary Code including issuance of and compliance with any required approval or permit of the Dutchess County Department of Behavioral and Community Health regarding on-site sanitary sewage or water supply facilities.

Off-street parking shall be provided in accordance with § 143-26 of this chapter and shall be located on the parcel on which the STR is located.

A short-term rental shall be incidental and secondary to the use of the dwelling unit for residential purposes. It shall be conducted in a manner which does not give the outward appearance of a business, does not infringe on the right of neighboring residents to enjoy the peaceful occupancy of their residential premises, and does not alter the residential character of the property or the neighborhood. No alteration to either the exterior or the interior of any principal dwelling shall be made that changes the residential character and appearance of the premises.

All STRs require an annual operating permit from the Zoning Enforcement Officer pursuant to Chapter 112 of the Town Code prior to the commencement of the accessory use, with the exception of the registered STR which shall require registration in accordance with Chapter 112.

Other licensing requirements administered by the Dutchess County Department of Behavioral and Community Health applicable to bed-and-breakfast establishments as such term is used in the county code shall be satisfied.

A hosted or un-hosted STR is permitted only for a maximum of four bedrooms located within a detached single-family dwelling or an aggregate of not more than four bedrooms a portion of which are located within a detached single-family dwelling and not more than two of which are located in an accessory dwelling unit located on the same parcel, subject to the requirements of § 143-32.1G, provided that R1.5, R1 and H Districts are limited to a maximum of one hosted bedroom as an STR. For a hosted STR, at least one bedroom shall be retained for the exclusive use of the property owner(s).

§ 143-33 Conservation subdivision.

[Amended 7-12-2011 by L.L. No. 3-2011]

Conservation subdivision purposes.

To provide greater economy, efficiency and convenience in the siting of services and infrastructure, including the opportunity to reduce road lengths, utility runs and the amount of paving required.

To protect areas of the Town with important farmlands for continued or future agricultural use by conserving blocks of land large enough to allow for efficient agricultural operations.

To provide a reasonable setback for new development adjacent to lands in agricultural production and important farmlands due to potential incompatibility of such new development with agricultural uses.

To conserve open space, including those areas containing unique and sensitive natural features such as steep slopes, floodplains, stream corridors and wetlands by permanently setting them aside from development.

To provide multiple options for landowners to minimize impacts on environmental resources and natural or cultural features such as mature woodlands, hedgerows and tree lines, critical wildlife habitats, historic and cultural resources and fieldstone walls.

To preserve historic and cultural resources and contributing adjacent environs, particularly in the case of the Hudson River National Historic Landmark District and the Town's historic hamlets where buildings and landscape work together to create a unique historical setting.

To create neighborhoods with direct visual access to open land.

To provide for a balanced range of lot sizes, building densities and housing choices to accommodate a variety of age and income groups and residential preferences, so that the Town's population diversity may be maintained.

To implement policies to conserve a variety of irreplaceable and environmentally sensitive resource lands as set forth in the Town's Comprehensive Plan and Open Space Plan, and to encourage and facilitate the creation of trail systems and other areas for active or passive recreational use for the benefit of present and future residents.

To conserve scenic views and elements of the Town's rural character, and to minimize perceived density, by limiting views of new development from existing roads, particularly from Town-designated scenic roads and other scenic areas within the Scenic Corridor Overlay (SC-O) District and other scenic vistas identified in the Open Space Plan.

To promote development in harmony with the goals and objectives of the Town's Comprehensive Plan and Open Space Plan.

(12)

To implement the recommendations of Greenway Connections: Greenway Compact Program and Guides for Dutchess County Communities, pursuant to Chapter 17 [1] and § 143-144.1 of the Town of Red Hook Code.

Editor's Note: See Ch. 17, Greenway Connections.

(13)

To mitigate identified environmental impacts under the State Environmental Quality Review Act (SEQR).

Authorization.

Authorization is hereby granted to the Planning Board to modify applicable provisions of this chapter to provide an alternate permitted method for the layout, configuration and design of lots, buildings and structures, roads, utility lines and other infrastructure, parks and landscaping in order to preserve the natural and scenic qualities of open lands when approving conservation subdivision plats pursuant to Chapter 120, Subdivision of Land. The Planning Board is not authorized to change or modify the types of residential dwelling units permitted in each district, as set forth in Chapter 143 of the Code.

In accordance with § 143-39.1, development of lands within the Town's Agricultural Business (AB) District which participate in the limited development option outlined in § 143-39.1F(2) shall comply with the provisions for conservation subdivisions.

The Planning Board may mandate conservation subdivision in any district to accommodate natural resources, historic or cultural resources, scenic features, or preservation of neighborhood character at any time during the subdivision process. The Planning Board shall set forth its justifications for mandating conservation subdivision. The following are examples of resources worthy of conservation:

Soils classified within soil group 1-3 (prime farmland soils) and group 4-6 (soils of statewide importance) as defined by the United States Department of Agriculture.

Steep slopes.

Water resources such as wetlands, municipal water supply watershed areas as determined by the Dutchess County Department of Health, flood-prone areas, floodplain areas with special flood hazards, New York State protected streams or an aquifer protection area.

Critical environmental areas. Lands within or contiguous to a critical environmental area designated pursuant to Article 8 of the Environmental Conservation Law.

Designated open space areas. Lands contiguous to publicly owned open space areas or privately owned open space or natural areas identified in the Town of Red Hook Open Space Plan or otherwise designated by the Town as significant open space resources.

Historic and cultural resources.

Scenic viewsheds and special features. Sites contiguous to designated state, county or Town scenic roads, or "special features" identified in the Town's Open Space Plan.

Significant natural areas and features. Areas with rare vegetation, significant habitats, or habitats of endangered, threatened or special concern species as determined by the NYSDEC Natural Heritage Program or the Town Conservation Advisory Council, mature forests over 100 years old, or unique natural or geological formations.

Trails. Existing and proposed trails, bikeways and pedestrian routes designated by the Town, state or county.

Recreation. Lakes, ponds or other significant recreational areas, or opportunities or sites designated in the Town's Open Space Plan.

Community water and/or sewer. Sites where community sewer, community water, or community sewer and water are available.

Applicant request. Any applicant before the Planning Board may request approval of a conservation subdivision.

Development potential. The permitted number of dwelling units shall not exceed the number of units that, in the Planning Board's judgment, would be permitted if the land were subdivided into lots fully conforming to the minimum lot size and density requirements of this chapter applicable to the zoning district(s) in which such land is situated and conforming to all other requirements of the Town of Red Hook Code. To determine a maximum unit count, the applicant shall submit a yield plan meeting the requirements set forth in § 120-26B of the Code.

Dimensional standards.

Minimum required open space. A conservation subdivision shall preserve a minimum percentage of the tract's gross acreage as open space land for the district in which it is located, as listed below. Parking areas and roads shall not be included in the calculation of the minimum required open space.

[Amended 3-8-2016 by L.L. No. 1-2016]

	Zoning District	Minimum Open Space Requirement
	Waterfront Conservation (WC), Limited Development (LD), Rural Development 5 (RD5), and Institutional (I) Districts	85%
	Agricultural Business (AB) District	80%
	Rural Development 3 (RD3) District	70%
	All other districts	50%

Bulk standards. Lot sizes and dimensions, and structure locations on such lots, may be freely disposed and arranged in conformity with the overall density and open space standards set forth herein. No minimum lot size is specified, but the Planning Board may consider 8,000 square feet as a guideline for minimum lot size for subdivisions where central water supply and sanitary sewage disposal facilities are proposed, subject to adjustment according to health and safety considerations.

Permanent protection of open space. Open space land shall be permanently protected with a conservation easement as provided in this subsection unless such land is dedicated in fee simple to the Town or other government entity. The following regulations shall apply to all conservation easements:

The conservation easement shall permanently restrict development of the open space land, allowing use only for agriculture, forestry, passive recreation, protection of natural resources, or similar conservation purposes, pursuant to § 247 of the General Municipal Law and/or § 49-0301 through § 49-0311 of the Environmental Conservation Law.

The conservation easement shall permanently restrict the open space from future subdivision and shall prohibit residential, industrial or commercial use of open space land (except in connection with agriculture, forestry and passive recreation). Access roads, driveways, wells, local utility distribution lines, underground sewage disposal facilities, stormwater management facilities, trails, temporary structures for passive outdoor recreation, and agricultural structures may be permitted on preserved open space land with Planning Board approval, provided that they do not impair the conservation value of the land. Forestry shall be conducted in conformity with applicable best management practices.

The conservation easement shall be approved by the Planning Board and shall be required as a condition of final plat approval. The conservation easement shall be recorded in the Dutchess County Clerk's office prior to or simultaneously with the filing of the final subdivision plat in the County Clerk's office.

The conservation easement shall be granted to a qualified easement holder acceptable to the Planning Board.

The conservation easement shall contain appropriate provisions for third-party enforcement of the easement by the Town of Red Hook or other governmental unit.

A restrictive stewardship fund shall be established if required by the qualified easement holder.

Maintenance. The cost and responsibility of maintaining required open space and common facilities may be borne by a homeowners' association, conservation organization, private owner or, in the case of open space and facilities deeded to the Town, the municipality. Private ownership may be preferable when the required open space land is associated with a single large lot and is intended for agricultural, horticultural or silvicultural use. Where a homeowners' association or special improvement district is proposed, the Planning Board shall condition approval of a conservation subdivision on the creation of the homeowners' association or special improvement district.

§ 143-34 Water supply and sewage disposal.

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

§ 143-35 Sanitary disposal areas and facilities.

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

§ 143-36 Swimming pools.

Any outdoor swimming pool, whirlpool or hot tub, as defined within § 143-4 of this chapter, shall be subject to the safety measures prescribed by the New York State Uniform Fire Prevention and Building Code, including but not limited to the following:

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

Such security fence, as may be applicable, shall be provided with a locking gate to prevent accidental entry or unauthorized use of the outdoor swimming pool, whirlpool or hot tub.

§ 143-37 Solar energy systems.

[Amended 12-12-2017 by L.L. No. 5-2017]

Intent and purposes. The intent of these regulations is to promote safe, effective, and efficient use of solar energy systems, to provide for appropriate locations in the community for solar energy systems, to ensure compatibility with surrounding land uses, and to protect the health, safety and welfare of the community. Additional purposes are to:

Provide property owners and business owners/operators with flexibility in satisfying their energy needs and to decrease the costs of energy to such owners and operators.

Reduce overall nonrenewable energy demands within the Town of Red Hook and to promote a renewable, clean, abundant, and nonpolluting source of energy.

Integrate solar energy systems seamlessly into Red Hook's neighborhoods and landscapes without diminishing the quality of life found within the Town or adversely impacting its irreplaceable environmental resources.

Make provisions for access to sunlight for solar energy systems so far as conditions permit.

Increase employment and business opportunities in the Town and region by furthering the installation of solar energy systems.

Contribute to meeting New York State's goal of generating 50% of all electrical energy needs from renewable sources by 2030 in order to reduce statewide greenhouse gas emissions by 40% by 2030.

Applicability. Section 143-37 of the Zoning Law applies to all solar energy systems installed or modified after December 1, 2017, excluding general maintenance and repair. All solar energy systems shall be installed, operated, and maintained in the Town of Red Hook in compliance with this section. Any modification or structural change that alters the size or placement of an existing solar energy system by 50% or more, or that triggers a building permit, shall comply with the provisions of this § 143-37. Solar energy systems are divided into three types, small, medium, and large, each of which are regulated differently due to their size and potential impacts upon Red Hook's natural, cultural, scenic and other environmental resources.

In accordance with Chapter 742 of the Laws of 1979 of the State of New York,[1] the accommodation of solar energy systems and the protection of access to sunlight for such systems shall be considered in the application of all site plan and special use permit review and approval provisions of this chapter and all subdivision review and approval provisions of Chapter 120.

Editor's Note: See § 203 of the Town Law.

Permitted locations.

[Amended 5-30-2018 by L.L. No. 3-2018]

Small solar energy systems. Small solar energy systems, as defined herein, are permitted in all zoning districts with the exception of ground-mounted systems, which are prohibited in the TND, H, HB, B1, and WC Zoning Districts. Small ground-mounted solar systems are permitted as principal and accessory uses, except within the HL-O Zoning District where ground-mounted solar systems are permitted only as accessory uses subject to special use permit review and approval in accordance with this section and Article VI.

Medium solar energy systems. Medium solar energy systems, as defined herein, are permitted in all zoning districts with the exception of ground-mounted systems which are prohibited in the TND, H, HB, B1, and WC Zoning Districts, subject to site plan review and approval in accordance with this section and Article VII of the Zoning Law. Medium grount-mounted solar systems are permitted as principal and accessory uses, except within the HL-O Zoning District where ground-mounted solar systems are permitted only as accessory uses subject to special use permit review and approval in accordance with this section of Article VI.

Large solar energy systems. Large solar energy systems, as defined herein, are permitted in all zoning districts except for the TND, H, HB, B1, and WC, subject to review and approval of a spcial use permit in accordance with this section and Article VI of the Zoning Law. Large ground-mounted solar systems are permitted as principal and accessory uses, except within the HL-O Zoning District where ground-mounted solar systems are permitted only as accessory uses subject to special use permit review and approval in accordance with this section and Article VI. Farms that are within a New York State Agricultural District are general exempt from the large solar energy system regulations found in this § 143-37, provided the solar energy system is considered "on-farm" equipment, deisgned, installed, and operated so that the anticipated annual total amount of electrical energy generated does not exceed the anticipated annual total electrical needs of the farm by more than 110%. Farms within a New York State Agricultural District that meet the "on-farm" equipment threshold of 110% shall comply with § 143-37E and shall obtain a waiver of site plan approval or site plan approval from the Planning Board.

Solar energy system requirements.

Small solar energy systems. A small solar energy system shall comply with the following conditions:

For roof-mounted small solar energy systems:

A New York State Unified Solar Permit shall be required.

The solar energy system has a rated capacity of less than 25 kW.

The solar energy system does not require a zoning variance from the Zoning Board of Appeals or a special use permit from the planning board.

The solar energy system is compliant with the New York State Uniform Code.

The solar energy system is mounted on a lawfully permitted building or accessory structure and does not exceed the maximum height restrictions within the zoning district in which it is located.

Roof-mounted systems on a sloped or flat roof shall not be required to be screened, unless otherwise required herein.

For building-integrated small solar energy systems:

The solar energy system meets the requirements of § 143-37 D(1)(a).

The solar energy system maintains a uniform profile or surface of vertical walls, window openings, and roofing.

A separate building permit for a building-integrated solar energy system shall not be required if it is installed when the building is first constructed, provided the building meets all applicable setback and other regulations for the zoning district in which it is located.

Ground-mounted small solar energy systems are subject to the following:

The small solar energy system meets the requirements of §§ 143-37 D(1)(a)[1] through [4].

A building permit is obtained for the installation of the solar energy system.

The solar energy system meets all applicable setback requirements for accessory structures in the zoning district in which it is located and is not located within the front yard of the lot. Ground-mounted small solar energy systems are prohibited in the front yard.

The solar energy system shall not project closer to the fronting street than the principal building on the lot.

The solar energy system shall be screened from public viewing locations through the use of architectural features, earth berms, landscaping, fencing, or other screening, which will harmonize the solar energy system with the character of the property and surrounding neighborhood.

The height of the solar energy system shall not exceed 12 feet when oriented at maximum tilt.

Solar energy system components shall be designed with an anti-reflective coating. Verification shall be provided to the Code Enforcement Officer that the components of the solar energy system have this quality.

Medium solar energy systems. Medium solar energy systems are permitted as principal and accessory uses subject to site plan review and approval prior to construction, installation or modification and to the following conditions:

The solar energy system meets the requirements of §§ 143.37 D(1)(a)[1], [4] and where applicable, [5].

The solar energy system has a rated capacity of 25 kW to less than 200 kW.

The parcel shall be three acres or larger.

The principal purpose of the solar energy system is to provide electrical power to be consumed on-site or to provide power to be shared with other power customers (which may include both physical or virtual aggregation).

The solar energy system is screened through the use of architectural features, earth berms, landscaping, fencing, or other screening that will harmonize with the character of the property and surrounding area. The height of a ground-mounted solar collector and any mounts shall not exceed 12 feet when oriented at maximum tilt.

Submission of a screening and landscaping plan showing adequate measures to screen through landscaping, grading or other means. The screening and landscaping plan shall specify the locations, elevations, height, plant species, and/or materials that will comprise the structures, landscaping and/or grading used to screen and/or mitigate adverse aesthetic effects of the system. Ground-mounted medium solar energy systems are prohibited in the front yard.

Total lot coverage shall not exceed 60% for all structures. Lot coverage shall be calculated for medium solar energy systems as the area measured from the outer edge(s) of the solar panel(s) at maximum horizontal tilt and shall include all other solar photovoltaic related equipment.

Large solar energy systems. Large solar energy systems are permitted as a principal and accessory use of land subject to a special use permit from the Planning Board in accordance with Article VI of the Zoning Law and the following conditions:

Lot coverage shall not exceed 10 acres of land per parcel as measured in § 143-37D(2)(g).

Compliance with the applicable setback requirements in the zoning district.

Large solar energy systems are exempt from the lot frontage requirements.

The total height of the solar panels for large solar energy systems shall not exceed 12 feet in height.

The solar energy system meets the requirements of § 143-37D(1)(c)[7].

The solar energy system shall be properly maintained and be kept free from hazards including, but not limited to, faulty wiring, loose fastenings, and creation of an unsafe condition or detriment to public health, safety or general welfare.

The solar energy system owner or operator shall provide a copy of the project summary, electrical schematic, and site plan to the Red Hook Fire Company's Fire Chief. The owner or operator shall cooperate with local emergency services in developing an emergency response plan. All means of shutting down the solar energy system shall be clearly marked. The owner or operator shall identify a responsible person for public inquiries throughout the life of the installation.

The solar energy system shall be enclosed by fencing to prevent unauthorized access. Warning signs with the owner's contact information shall be placed on the entrance and perimeter of the fencing. The Planning Board shall determine the type of fencing, giving due consideration to the importance of maintaining wildlife movements and landscape connectivity. The solar energy system and the fencing itself may be further screened to avoid adverse aesthetic impacts.

The applicant shall minimize the number and width of access roads, avoid or minimize cut and fill on sloping terrain and use natural terrain where feasible for access points.

Large solar energy systems are considered abandoned after 365 days without electrical energy generation and must be removed from the property. To ensure the proper removal of large solar energy systems, a decommissioning plan shall be submitted as part of the special use permit application. Compliance with this plan shall be a condition of the issuance of a special use permit under this section. The decommissioning plan must specify that after the large solar energy system can no longer be used, the applicant or any subsequent owner shall remove it. The plan shall demonstrate how the removal of all infrastructures and the remediation of soil and vegetation shall be conducted to return the parcel to its original state, prior to construction. Removal of large solar energy systems must be completed in accordance with the decommissioning plan. If the large solar energy system is not decommissioned after being considered abandoned, the Town may remove the system, restore the property and impose a lien on the property to cover the costs of such removal and restoration to the Town.

As part of the site plan and special use permit review processes, the applicant shall provide the following documents, as deemed applicable by the Planning Board:

A site plan showing:

Property lines and physical features, including roads, for the project site.

Proposed changes to the landscape of the site, grading, vegetation clearing and planting, exterior lighting, screening vegetation or structures and proposed maintenance plan to prevent soil erosion. The use of herbicides and pesticides is prohibited. Any alteration to property required for construction and maintenance of solar system will require restoration of land to preexisting condition upon decommissioning.

Prints or drawings of the solar energy system showing the proposed layout of the system, any potential shading from nearby structures, the distance between the proposed solar collector and all property lines and existing on-site buildings and structures, and the tallest finished height of the solar collector.

Documentation of the major system components to be used, including the panels, mounting system, and inverter.

[e]

Name, address, and contact information for proposed system installer.

[f]

Name, address, phone number and signature of the property owner(s), project proponent, as well as all co-proponents if any.

[g]

The name, contact information and signature of any agents representing the project proponent.

[h]

Zoning district designation for the parcel(s) of land comprising the project site.

[i]

Proof the owner has submitted notification to the utility company of the customer's intent to install an interconnected customer-owned generator. Off-grid systems are exempt from this requirement.

Requirements for all solar energy systems.

All solar energy systems in the Town of Red Hook shall comply with the following:

Solar energy systems shall not be installed within a designated wetland as defined by the New York State Department of Environmental Conservation, the United States Army Corps of Engineers or within any locally protected wetland.

A ground-mounted solar energy system shall not be installed in the AB District on Important Farmland as defined in § 143-4 and if on a farm, only where consistent with a Farmland Protection Plan as defined in § 143-4, prepared in accordance with this Zoning chapter. Design of ground-mounted solar energy systems shall favor concurrent use of the land for livestock grazing or similar sustainable use.

Clearing of natural vegetation shall be limited to what is necessary for the construction, operation and maintenance of ground-mounted solar energy systems or otherwise prescribed by applicable laws and regulations.

All solar energy systems that are connected to the electric distribution or transmission system shall obtain an interconnection agreement with the applicable electric utility. Solar energy systems connected directly to the distribution or transmission system must obtain an interconnection agreement with the interconnecting electric utility. Off-grid systems are exempt from this requirement.

The solar energy system shall comply with the New York State Uniform Code, as amended, and any additional electrical and safety regulations adopted by the State of New York.

A qualified solar installer as defined herein shall install all systems.

All exterior electrical lines shall be placed in conduit and buried.

Notwithstanding the height limitations in the District Schedule of Area and Bulk Regulations:

For a building-mounted system installed on a pitched roof, the system shall be installed at the same angle as the roof on which it is installed with a maximum distance, measured perpendicular to the roof, of eight inches between the roof and edge or surface of the system.

For a building-mounted system installed on a sloped roof, the highest point of the system shall not exceed the highest point of the roof to which it is attached.

For a building-mounted system installed on a flat roof, the highest point of the system shall be permitted to extend up to two feet above the surface of the roof or the parapet, whichever is higher.

Small and medium ground-mounted systems may not exceed the permitted height of accessory structures in the zoning district or 12 feet from the ground: whichever is less.

Inspection, safety and removal.

The Town of Red Hook reserves the right to inspect a solar energy system for building or fire code compliance and safety with twenty-four-hour notification to the property owner and/or owner-operator of the system.

Fencing to prevent unauthorized access shall enclose all ground-mounted medium and large solar energy systems. Warning signs with the owner's contact information shall be placed on the entrance and perimeter of the fencing.

Medium and large solar energy systems shall be removed, at the owner's or operator's expense, within 365 days of determination by the Code Enforcement Officer that the system is no longer being maintained in an operable state of good repair or is no longer supplying solar power. Such an order shall be in writing, shall offer the option to rectify, and shall notify the owner, property owner, or facility operator of his or her right to appeal such determination to the Zoning Board of Appeals.

Removal shall include solar collectors, cabling, electrical components, accessory structures, and any associated facilities below grade.

Disturbed earth shall be graded and reseeded.

If upon inspection the Town of Red Hook determines that a violation of the New York State Uniform Code exists, or that the system otherwise poses a safety hazard to persons or property, the Town of Red Hook may order the owner, property owner, or facility operator to repair or remove the system within a reasonable time as determined by the Code Enforcement Officer in accordance with the procedures in § 74-16 of the Town Code.

If a system owner, property owner, or facility operator fails to repair or remove a solar energy system as ordered, and any appeal rights have been exhausted, the Town of Red Hook may enter the property, remove the system and charge the system owner, property owner, or facility operator for all costs and expenses of removal, including reasonable attorney's fees or pursue other legal action to have the system removed at the system owner, property owner, or facility operator's expense.

In addition to any other available remedies, any unpaid costs resulting from the Town of Red Hook's removal of a vacated abandoned or decommissioned solar energy system shall constitute a lien upon the real property against which the costs were charged. Legal counsel for the Town of Red Hook shall institute appropriate action for the recovery of such costs, plus attorney's fees, including, but not limited to, filing of municipal claims pursuant to the cost of such work, 6% interest per annum, plus a penalty of 5% of the amount due plus attorney's fees and costs incurred by the Town of Red Hook in connection with the removal work and the filing of Red Hook's claim.

Signage.

No signage or graphic content may be displayed on the solar energy system except the manufacturer's badge, safety information and equipment specification information. Said information shall be depicted within an area no more than 36 square inches in size.

Disconnect and other emergency shutoff information shall be clearly displayed on a light reflective surface.

Twenty-four-hour emergency contact information shall be clearly displayed.

Systems and sites may not be used for displaying advertising except for reasonable identification of the owner/operator and shall comply with sign standards in § 143-27.

Nonconforming buildings and lots.

Building-mounted systems.

If a building-mounted system is to be installed on any building or structure that is nonconforming because its height violates the height restrictions of the zoning district in which it is located, the building-mounted system shall be permitted, so long as the building-mounted system does not extend above the peak or highest point of the roof to which it is mounted and so long as it complies with the other provisions of this section.

If a building-mounted system is to be installed on a building or structure on a nonconforming lot that does not meet the minimum setbacks required and/or exceeds the lot coverage limits for the zoning district in which it is located, a building-mounted system shall be permitted, so long as the nonconforming setback(s) or lot coverage is not increased and provided that the application complies with the other provisions of this Zoning chapter.

Ground-mounted systems.

If a ground-mounted system is to be installed on a property containing a structure that is nonconforming because the required minimum setbacks are exceeded, the solar energy system shall be permitted so long as the system does not encroach into the required setback for the district.

If a ground-mounted system is to be installed on a property that is nonconforming because it violates zoning district requirements other than setbacks, a special use permit from the Planning Board shall be required to permit the proposed installation.

§ 143-38 Required screening for nonresidential uses.

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

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

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

Any required fences, screens and landscaping installed in accordance with this chapter shall, as a condition of the certificate of occupancy, be maintained in good order to achieve the objectives stated herein. Failure to maintain fencing or to replace dead or diseased landscaping shall be considered a chargeable violation of this chapter.

§ 143-39 Agriculture.

[Amended 7-12-2011 by L.L. No. 3-2011]

Nothing in this Chapter 143 shall be deemed to limit the right to farm as set forth in Article 25-AA of the New York State Agriculture and Markets Law. It is the intent of this chapter not to unreasonably restrict or regulate farm operations within any certified agricultural district in contravention of the Agriculture and Markets Law. Farming is encouraged under the Town of Red Hook Right to Farm Law, Chapter 72, Farming. Without limiting the foregoing, agriculture, as defined in § 143-4 of this chapter, shall be permitted in all zoning districts, provided that the following criteria are met:

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

No horse, cow, hog, beef cattle, sheep, goat or other large farm animal shall be kept on a nonfarm parcel of less than two acres in the H, R1 or R1.5 Districts.

Not more than 20 adult or fully grown chickens, ducks, geese or other fowl or birds of any type, rabbits or other small farm animals, or a combination thereof, shall be kept on a nonfarm parcel of less than two acres in the H, R1 or R1.5 Districts.

The keeping of fowl and farm animals on nonfarm parcels of at least two acres but less than 10 acres in area shall be limited in all districts, except the AB District, as follows:

Not more than one adult or fully grown horse, cow, hog, beef cattle, sheep, goat or other large farm animal shall be permitted per acre of land.

In addition, the keeping of not more than 20 adult or fully grown chickens, ducks, geese or other fowl or birds of any type, rabbits or other small farm animals, or a combination thereof, shall be permitted per acre of land.

Buildings or other fully enclosed structures housing more than 20 fowl, rabbits or other small farm animals or more than two large farm animals shall be located not less than 50 feet from any lot line or within 100 feet of the nearest neighboring residence. No fenced area or semi-enclosed structure for such numbers of fowl, rabbits, other small farm animals or large farm animals shall be located closer than 100 feet to an existing neighboring residence nor within 20 feet of a residential property line.

The storage of manure or other dust- or odor-producing substances shall be adequately screened to the extent practicable from adjacent properties and be located not less than 100 feet from any lot line, stream or other water body or well providing a source of potable water nor within 150 feet of the nearest neighboring residence.

§ 143-39.1 Agricultural Business District.

[Added 7-12-2011 by L.L. No. 3-2011]

Findings and purpose. The Town of Red Hook finds that protection of agriculture is essential to implementing the goals of the Town of Red Hook Comprehensive Plan and Open Space Plan. Protection of land for agricultural purposes is a legitimate zoning objective, which the regulations set forth in this section seek to achieve. It is also a policy of the New York State Constitution to preserve agriculture. The purposes of the Agricultural Business District (hereafter the "AB District"), among others, are as follows:

To implement the Town's Comprehensive Plan, which contains the goals of protecting rural and agricultural lands, discouraging incompatible nearby land uses, and promoting agriculture as a component of the local economy now and in the future;

To conserve a critical mass of important farmlands in order to facilitate active and economically viable agricultural use of the lands now and in the future;

To enhance agricultural businesses that contribute to the general economic conditions of the Town;

To maintain a viable agricultural base to support agricultural processing and service industries;

To encourage the voluntary sale of development rights from farmlands within the AB District;

To separate agricultural land uses and activities from incompatible residential, commercial, industrial, institutional and public facility development;

To prevent fragmentation of the Town's existing agricultural lands by nonagricultural development;

To maintain for the benefit of future residents the essential characteristics of the Red Hook countryside;

To ensure the availability of a safe, locally grown food supply; and

To implement the recommendations of Greenway Connections: Greenway Compact Program and Guides for Dutchess County Communities, pursuant to § 143-144.1 of the Town of Red Hook Code.

Applicability.

The AB District is hereby established as a zoning district as shown on the Town of Red Hook's Zoning Map.

Any landowner whose land is not included in the AB District may petition the Town Board to be included in the AB District. The Town Board may amend the Zoning Map to include such land in the AB District if it is consistent with the Town's Comprehensive Plan and it meets the following criteria:

The land must generally contain at least 50% "important farmland" and be a "farm," both as defined in this chapter, or be an addition to a conserved farm which adjoins, or is in close proximity to the property; or

The land, because of its location within or adjacent to lands described in Subsection B(2)(a) above and its undeveloped nature, large size or siting amidst farmlands, is valuable to include in the AB District to prevent the proliferation of conflicting adjacent uses that could jeopardize the future survival of farming within the district.

Should any provisions of the AB District differ with any other provisions of this chapter, the provisions of the AB District shall control.

Uses. In the AB District, no building, structure or premises shall be used or arranged or designed to be used, and no building or structure shall hereafter be erected, reconstructed or altered except for the following permitted uses or specially permitted uses and their customary accessory uses. With the exception of uses listed in Subsection C(3) below, none of the following uses shall require a special use permit in the AB District. There shall be no more than one principal building or use and its customary accessory uses on any one lot. An exception shall be made when the principal use of the lot is agriculture, in which case all of the permitted uses and their accessory uses listed below shall be allowed, in addition to one special permitted use, when the uses are clearly incidental and secondary to the principal use of the premises for agricultural purposes and the uses do not alter the suitability for the principal use of agriculture.

Permitted uses:

Agriculture, except as specifically limited in Subsection C(1), (2) or (3) herein.

Farm.

Seasonal U-pick operation.

Winery, distillery, brewery and cider mill [adaptive reuse (Note: Requires minor site plan review; minor site plan review should be limited to building elevation and design, parking, lighting and signage, as permitted in § 143-114C(2) of this chapter, unless the Planning Board has specific concerns regarding public health, safety or general welfare and such concerns are specifically set forth in the minutes of the Planning Board meeting; public hearing not required) and new construction (Note: Requires major site plan review in accordance with the provisions of Article VII of this chapter), provided that new construction is no greater than 10,000 square feet in gross floor area] selling product, in a tasting room, derived from crops, at least a portion of which come from the premises.

Greenhouse and nursery [Note: Requires minor site plan review; minor site plan review should be limited to building elevation and design, parking, lighting and signage, as permitted in § 143-114C(2) of this chapter, unless the Planning Board has specific concerns regarding public health, safety or general welfare and such concerns are specifically set forth in the minutes of the Planning Board meeting; public hearing not required]; site plan review shall not be required for hoop houses and other movable structures.

Cold storage facility for agricultural products. (Note: Requires major site plan review in accordance with the provisions of Article VII of this chapter.)

Farm equipment repair. (Note: Requires major site plan review in accordance with the provisions of Article VII of this chapter.)

Boarding stable and riding academy.

Conservation use, including but not limited to nature trails.

Forestry and forestry management.

Timber operation.

Public park and/or trail system.

Golf course, provided it shall occur only through the expansion of a golf course legally existing as of the date of adoption of this section, up to a maximum of 18 holes. (Note: Requires major site plan review in accordance with the provisions of Article VII of this chapter.)

Single-family dwelling subject to the provisions of Subsections F and G below.

(o)

Two-family dwelling (conversion) subject to the provisions of Subsections F and G below, provided that it shall occur only through the conversion of a single-family dwelling or a farm building legally existing on January 1, 1993, and provided the total number of dwelling units shall be included in the calculation of the property's permitted development potential.

(p)

Two-family dwelling (new construction) subject to the provisions of Subsection F below, provided that it shall occur only within a farmstead complex and provided that the total number of dwelling units shall be included in the calculation of the property's permitted development potential.

(q)

Medium solar energy system (minor site plan approval).

[Added 12-12-2017 by L.L. No. 5-2017]

Permitted accessory uses:

Farm market 1, farm market 2 and farm market 3. [Note: Requires minor site plan review. Minor site plan review should be limited to building elevation and design, parking, lighting and signage, as permitted in § 143-114C(2) of this chapter, unless the Planning Board has specific concerns regarding public health, safety or general welfare and such concerns are specifically set forth in the minutes of the Planning Board meeting. Public hearing not required.]

Farm industry, subject to the provisions of § 143-41D of this chapter.

Roadside stand, subject to the provisions of § 143-40 of this chapter.

Farm labor housing, subject to the provisions of § 143-41E of this chapter.

Home occupation (Class 1).

(Reserved)[1]

Editor's Note: Former Subsection C(2)(f) was repealed 12-22-2021 by L.L. No.6-2021.

Parking.

Signs.

Composting facility accessory to farm.

Restaurant with no more than 20 seats accessory to a farm market 1, 2, or 3, subject to minor site plan review without requiring a special permit under § 143-96.

[Added 3-8-2016 by L.L. No. 1-2016[2]]

Editor's Note: This local law also provided for the redesignation of former Subsection C(2)(j) as Subsection C(2)(k).

Small and medium solar energy systems. Medium systems require minor site plan approval.

[Added 12-12-2017 by L.L. No. 5-2017[3]]

Editor's Note: This local law also provided for the redesignation of former Subsection C(2)(k) as Subsection C(2)(l).

Farm stay STRs on a parcel within the AB Zoning District subject to the provisions of this subsection:

[Added 12-22-2021 by L.L. No. 6-2021[4]]

A maximum of four bedrooms located within or accessory to a primary residence, and an additional four bedrooms in one or more accessory structures, up to an aggregate of eight bedrooms may be permitted, subject to the same requirements set forth in § 143-32.1G.

A portion of the bedrooms permitted for a farm stay STR may be located on one or more parcels that are within the AB Zoning District, or on parcels within the RD3 or RD5 Zoning District, and which parcel or parcels share a common boundary with the AB Zoning District parcel, and provided such farm stay STR is operated as part of the "farm" use as defined by this chapter which is conducted on the parcel in the AB Zoning District.

A farm stay STR is subject to the receipt of an annual operating permit pursuant to Chapter 112 of the Code.

A farm stay STR shall only be used for overnight accommodations for transient residential occupancy. Activities other than residential occupancy (such as events, gatherings, luncheons, banquets, parties, weddings, meetings, or similar activities) are not permitted as part of the STR. No restaurant may be operated, and no meals may be prepared or served to guests other than to rental occupants of the farm stay STR. No recreational vehicle, bus, camping or travel trailer, or temporary housing such as a tent or treehouse shall be used as a farm stay STR. Outdoor storage of recreational vehicles, buses or trailers, including those driven by guests, shall be consistent with all applicable provisions of the Zoning Law, including but not limited to § 143-42 thereof.

The farm stay STR shall not exceed the number of bedrooms that are shown in the approved certificate of occupancy or for preexisting occupied structures, the property tax record, or shall otherwise demonstrate compliance with all applicable requirements of the Dutchess County Sanitary Code including issuance of and compliance with any required approval or permit of the Dutchess County Department of Behavioral and Community Health regarding on-site sanitary sewage or water supply facilities.

Off-street parking, provided in accordance with § 143-26 of this chapter, shall be located on the parcel on which the farm stay STR is located.

A maximum of two guests are permitted per bedroom (children under six years of age shall not count towards this maximum).

Editor's Note: This local law also provided for the redesignation of former Subsection C(2)(l) as Subsection C(2)(n).

Registered STR once per year subject to registration pursuant to Chapter 112 of the Code.

[Added 12-22-2021 by L.L. No. 6-2021]

Other uses customarily incidental to the permitted or special permitted use and located on the same lot.

Special permitted uses. (All special permitted uses require major site plan review and are subject to the provisions of Article VI, unless otherwise noted.)

Lodging, subject to the provisions of § 143-92 of this chapter, including accessory uses such as a restaurant subject to the provisions of § 143-96 of this chapter.

[Amended 3-8-2016 by L.L. No. 1-2016]

Restaurant with more than 20 seats accessory to a farm market 1, 2, or 3 and subject to the provisions of § 143-96 of this Chapter.

[Amended 3-8-2016 by L.L. No. 1-2016]

Commercial communications receiving and/or transmitting facilities; telecommunications towers, subject to the provisions of § 143-103 of this chapter; however, such use shall not be permitted within the Historic Landmark Overlay District.

Museum and/or agricultural learning institution, a maximum of 6,000 square feet in gross floor area, and subject to the provisions of § 143-79 of this chapter.

Large-scale entertainment (e.g., music concert, car show, art fair) which requires a large assemblies permit pursuant to Chapter 44 of the Town Code, is conducted on a farm, and is clearly incidental and secondary to the use of the farm premises for agricultural purposes.

Farmers' market, subject to the provisions of § 143-90 of this chapter.

Kennel, as defined in § 143-4 of this chapter.

Hunting and/or fishing club, subject to the provisions of § 143-71 of this chapter.

Outdoor recreation facility, subject to the provisions of § 143-72 of this chapter, provided that camping shall be limited to tents and cabins only (no recreation vehicles, pop-ups or other motorized accommodation).

Agricultural product distribution center (wholesale), subject to the provisions of § 143-110.1 of this chapter.

(Reserved)[5]

Editor’s Note: Former Subsection C(3)(k), regarding the collection of spring waters, was repealed 6-26-2019 by L.L. No. 5-2019.

Contractor's yard, as defined in § 143-4 of this chapter.

Sawmill not incidental to the operation of the farm, subject to the provisions of § 143-106 of this chapter.

Veterinary office and animal hospital, as defined in § 143-4 of this chapter.

(o)

Commercial boarding and/or breeding kennel or animal hospital (unenclosed), subject to the provisions of § 143-87 of this chapter.

(p)

Private airstrip and heliport, subject to the provisions of § 143-70 of this chapter.

(q)

Cemetery, including mausoleum, subject to the provisions of § 143-76 of this chapter.

(r)

Boarding or rooming house, subject to the provisions of § 143-61 of this chapter, and provided that it shall only occur within a farmstead complex; no site plan required.

(s)

Accessory apartment within existing single-family dwellings, within new single-family dwellings, and through adaptive reuse of nondwelling structures, subject to the provisions of §§ 143-64, 143-65 and 143-66, respectively; no site plan required.

(t)

Cottage, subject to the provisions of § 143-68 of this chapter; no site plan required.

(u)

Home occupation (Class 2), subject to the provisions of § 143-69 of this chapter; no site plan required.

(v)

Large scale solar energy systems. Notwithstanding the limitation on having one special use on an agricultural lot, a large-scale solar energy system shall not count towards the maximum number of permitted special uses where the principal use of the lot is agriculture.

[Added 12-12-2017 by L.L. No. 5-2017]

Permitted temporary uses:

Carnival, fair, circus, flea market or similar event (on premises).

Carnival, fair, circus, flea market or similar event (off premises).

Private garage or yard sale.

Temporary building for construction or development purposes.

The following uses are expressly prohibited:

[Added 5-30-2018 by L.L. No. 3-2018]

Formula business.

Drive-in, drive-through or drive-in window businesses.

Area and bulk standards.

[Amended 7-10-2012 by L.L. No. 3-2012]

All new principal residential buildings shall have a minimum ten-foot setback from any property boundary. Accessory structures may be constructed in any side or rear yard of a residential premises and shall have a minimum three-foot setback from any property boundary.

All new nonresidential buildings and parking shall comply with the minimum setback requirements set forth in the following table:

Minimum Yards (feet)¹
Front	Rear	Side
25/25	100/60	100/60

NOTE:
¹	First figure is required minimum setback for buildings; second figure is required minimum setback for off-street parking spaces and related accessways.

Unenclosed storage of manure shall be set back a minimum of 100 feet from any lot line, wetland, stream or other water body, or well providing a source of potable water.

Height. The maximum height of all structures shall be 35 feet, except as provided in § 143-15 or as otherwise required for sound agricultural practices.

Building coverage. Maximum building coverage for uses not located in a farmstead complex or building envelope shall be 7%.

Additional area and bulk standards can be found in the District Schedule of Area and Bulk Regulations in § 143-12.[6]

Editor's Note: The District Schedule of Area and Bulk Regulations is included as an attachment to this chapter.

Site design standards.

Off-street parking and loading standards.

The minimum number of off-street parking spaces listed in the following table shall be required and shall be constructed to include those off-street parking spaces necessary to accommodate handicapped persons in accordance with the requirements of the New York State Uniform Fire Prevention and Building Code:

[Amended 3-8-2016 by L.L. No. 1-2016]

	Use	Minimum Off-Street Parking Facilities
	Retail structures	4 spaces per 1,000 square feet of gross floor area
	Cold storage facility	1 space per nonresident employee during season of maximum usage
	Winery, distillery, brewery and cider mill	1 space per nonresident employee, plus 4 spaces per 1,000 square feet of gross floor area dedicated to tasting room and retail use
	Greenhouse and nursery	1 space per nonresident employee, plus 4 spaces per 1,000 square feet of gross floor area dedicated to retail use
	Bed-and-breakfast	1 space per bedroom, in addition to the parking requirement for the dwelling unit
	Lodging	1 space per bedroom, plus 1 space per nonresident employee and 1 space per 200 square feet of gross floor area for functions; if food service is provided, the area allocated for food service shall be calculated and provided with parking according to restaurant use
	Restaurant	1 space for every 3 seats or 1 for every 3 persons in permitted capacity, whichever is greater
	Residential	2 spaces per dwelling unit
	Other uses	As determined by the Planning Board to be appropriate to the circumstances

In all other regards, off-street parking and loading shall comply with the provisions of § 143-26 of this chapter.

Signs. Signs shall comply with the provisions of § 143-27 of this chapter.

Outdoor lighting. Outdoor lighting shall comply with the provisions of § 143-27.1 of this chapter.

Permitted development potential. Landowners within the AB District may choose to participate in one of the following three options, which are intended to allow a landowner a reasonable return on his or her investment while meeting community goals:

Conservation option.

Landowners who participate in the conservation option shall be permitted a purchase of development rights density bonus that shall be based on the minimum acreage requirements established for such parcel set forth in the attached 1999 Reference Map.[7] The development rights would be appraised as if the zoning for that parcel was as set forth in the 1999 Reference Map. Landowners who choose the conservation option are eligible to apply to the Town of Red Hook Purchase of Development Rights Program, Community Preservation Fund, or Incentive Zoning Program, subject to availability of funds. Development rights may also be sold to any qualified easement holder. Lands from which development rights have been sold shall be placed under a conservation easement in accordance with the provisions of § 143-33E and § 120-21C of the Town Code. All of the subject parcel shall be placed under conservation easement with the retained farmstead dwelling units permitted in accordance with the schedule in the following table and the provisions below. Farm labor housing, as defined in § 143-4 of this chapter, shall be exempt from the calculation of retained farmstead dwelling units for the purposes of this subsection, and shall be permitted to be located outside the farmstead complex.

	Permitted Retained Farmstead Dwelling Units
	Total Parcel Acreage (acres)	Number of Dwelling Units
	Under 40	1 dwelling unit
	40 to 80	2 dwelling units
	Over 80	3 dwelling units

Editor's Note: The 1999 Reference Map is included as an attachment to this chapter.

Retained dwelling units shall either be sited in accordance with the siting standards in Subsection G below or, preferably, shall be located adjacent to existing farm structures in a designated farmstead complex, which shall be designed in accordance with the following:

In determining the size of a designated farmstead complex, consideration will be given to the future plans of the farmer, soil quality (located to minimize impacts on important farmland), road frontage and access (may not include excessive road frontage resulting in strip residential development, and may not prevent access to the conserved farmland). Generally, the size of the farmstead complex will not exceed 5% of the total parcel size.

Retained dwelling units located in the designated farmstead complex shall not be subdivided from the parent parcel on which they are located.

The farmstead complex shall be depicted with metes and bounds on a certified survey of the property and shall be identified as the approved building envelope in the conservation easement placed on the parcel.

Once a farmstead complex has been designated, the permitted number of retained dwelling units may be constructed subject to issuance of a building permit.

Limited development option. Landowners who participate in the limited development option shall be permitted to develop their lands as follows:

For each parcel, permitted density shall be calculated at one dwelling unit per 10 acres, provided that such development shall be designed in accordance with the provisions of Subsection G below.

To conserve resources without changing the overall density allowed within the AB District, density transfers from one parcel or parcels within the AB District to another parcel or parcels within the AB District shall be permitted.

Landowners may be permitted to locate new development in a farmstead complex without the need to subdivide, in accordance with the provisions for retained dwelling units in Subsection F(1)(a) above.

The number of dwelling units approved in a partial subdivision and the original and remaining number of units permitted under the limited development option shall be identified on the subdivision plat.

Forty-acre option. Any lot that is 100 acres and greater in size as of the date of adoption of this section shall be permitted to subdivide a parcel or parcels of at least 40 acres in size, without the requirement for a farmland protection plan, provided that residential structures shall be sited in accordance with the siting standards in Subsection G(2) below, and a conservation easement with a building envelope for the farmstead complex shall be placed on each forty-acre parcel. The remaining lands shall retain their previous full development potential under the limited development option, minus one dwelling unit for each new forty-acre parcel. For example, if a one-hundred-acre lot was permitted 10 dwelling units, and a forty-acre parcel was created with one dwelling unit, the remaining sixty-acre lot would be permitted a total of nine dwelling units sited in accordance with the standards of Subsection G below and preserving 80% of the sixty-acre parcel. A note shall be included on the subdivision plat stating that the forty-acre option has been utilized, and stipulating the number of permitted dwelling units allowed under the limited development option on the remaining lot.

Siting standards for residential development in the AB District. In order to allow for maximum flexibility in achieving a compatible arrangement of agricultural and residential land uses and to protect important farmlands and scenic vistas without impeding agricultural land use on a portion of a property or on adjacent or nearby properties, all new residential development within the AB District shall be designed in accordance with the procedures and requirements for conservation subdivision as outlined in § 143-33 of this chapter and the Town's Subdivision Law,[8] and shall conform to the following additional standards, provided that such siting standards shall not be applied to reduce the density otherwise permitted by Subsection F:

All soils classified as important farmland, as defined in § 143-4, shall be preserved to the greatest extent practical, with a goal of preserving at least 80% of such soils on the parent parcel.

Residential structures shall be located according to the following guidelines, which are listed in order of significance (some of which may conflict with each other on a particular site, in which case, the Planning Board may use its discretion to resolve such conflicts):

On the least fertile agricultural soils and in a manner which maximizes the usable area remaining for agricultural use and permits access to active agricultural lands.

Away from the boundaries of any conserved farm to reduce conflicting land uses in these areas.

In such a manner that the common boundary between the new residential lots and active and/or conserved farmland is minimized in length, is of sufficient width, and is well buffered by vegetation, topography, roads or other barriers to minimize potential conflict between residential and agricultural uses.

Within woodlands or along the far edges of fields adjacent to woodlands, as depicted in the Town of Red Hook's Siting Guidelines, so as to avoid impacts to visually prominent agricultural landscape features and enable new construction to be visually absorbed by the natural landscape.

To be as visually inconspicuous as practical when seen from state, county and local roads, and particularly from designated scenic roads.

Next to other residences or building lots on adjacent properties.

To minimize the perimeter of the built area by encouraging compact development and discouraging strip development along roads.

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

Any other mitigation measure imposed under SEQR.

Roads and driveways servicing the residential lots shall be located so as to minimize their impact on the use of agricultural land, and common driveways shall be used where feasible.

Editor's Note: See Ch. 120, Subdivision of Land.

Partial subdivision. To accommodate landowners who do not desire to subdivide an entire parcel at the time of their initial application for subdivision plat approval, partial subdivision of a parcel shall be permitted and the Planning Board authorized to approve the subdivision plat thereof, provided that the Planning Board finds as follows:

The subdivision meets the purposes and requirements for a conservation subdivision as set forth within § 143-33 of this chapter, and the Town's Subdivision Law.[9]

Editor's Note: See Ch. 120, Subdivision of Land.

The subdivision is consistent with a farmland protection plan prepared by the applicant and approved by the Planning Board. The farmland protection plan is based on conservation principles and shall include the entire parcel and all other contiguous parcels held in the same ownership, and shall meet the requirements set forth below and as illustrated herein and in Dutchess County Greenway Guide A4 — Protecting Farmland with Development. The farmland protection plan may be based on readily available GIS mapping data and is not required to be surveyed or fully engineered, with the exception of lots proposed to be subdivided. The farmland protection plan shall be submitted by the applicant and shall include the following elements:

Conservation and Gradual Development on a Working Farm

The location of prime and statewide important agricultural soils within the tract, and the approximate total acreage of such lands.

The location and current use, and, if different, the intended use, of all existing structures and infrastructure.

The location and intended use of all proposed building envelopes, any farmstead complex, roads and other major improvements.

A depiction of the acreage to be protected, labeled in a manner to indicate that such land is not to be further subdivided for building lots and is permanently reserved for agricultural purposes.

An acknowledgment of the conservation easement to be employed.

In order to secure implementation of the approved farmland protection plan, said plan shall be prepared as follows:

The applicant shall first attend a joint preapplication meeting of the Planning Board and representatives from the Town's Agricultural and Open Space Advisory Committee to discuss the proposed project.

The applicant shall present a farmland protection plan, based on a consideration of input received at the joint preapplication meeting, to the Planning Board. The Planning Board shall refer the plan to the Agricultural and Open Space Advisory Committee, which shall report in writing to the Planning Board within a specified period of not more than 30 calendar days. The Planning Board shall approve, approve with modifications, or deny the plan in consideration of the goals and objectives of the Town's Comprehensive Plan and Open Space Plan relative to agricultural activity and open space preservation.

An approved farmland protection plan may be amended in the future, subject to Planning Board approval.

The Planning Board may defer the requirement for a conservation easement until a parcel has been subdivided to create 50% or more of the number of permitted dwelling units, and in such case the Planning Board may require that a declaration be recorded identifying the original and remaining number of permitted lots.

§ 143-40 Roadside stands.

A roadside stand, as defined in § 143-4 of this chapter, shall be permitted in all districts as a seasonal accessory use related to the agricultural activity occurring on either a farm or nonfarm parcel, provided that:

Such roadside stand shall not exceed 100 square feet in total floor area.

Such roadside stand is located a minimum of 20 feet from any street line.

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

Signage shall be limited to a single sign, not greater than six square feet in area and located not less than five feet from any street line.

§ 143-41 Farms and related uses.

The operation of a farm for agriculture, as defined in § 143-4 of this chapter, and generally accepted agricultural and farm management practices shall be permitted in all zoning districts in accordance with the Town of Red Hook Right to Farm Law, Chapter 72, Farming. This authorization shall be specifically construed to include the following:

[Amended 7-12-2011 by L.L. No. 3-2011]

The conduct of agriculture, as defined in § 143-4 of this chapter.

The production of farm products, as defined in § 143-4 of this chapter.

The retail sale of farm products at a roadside stand as set forth in § 143-40.

The following larger-scale retail sales uses related to the operation of a farm shall, as set forth in Article III or the District Schedule of Use Regulations,[1] be permitted in the LD, RD5, RD3 and R1.5 Districts:

The retail sale of seasonal local farm produce in a Farm Market 1, as defined in § 143-4 of this chapter, provided that:

Any structure and associated parking comply with the minimum setback requirements set forth for the zoning district in the District Schedule of Area and Bulk Regulations.[2]

Editor's Note: This schedule is included at the end of this chapter.

Any signage is in conformance with § 143-27D(2).

A site plan for the intended use is reviewed and approved by the Town Planning Board in accordance with Article VII of this chapter, with primary Planning Board concerns including safe access and the screening of neighboring residential properties.

The retail sale of local farm produce, farm products and related small-scale farm items on a seasonal or year-round basis in a Farm Market 2, as defined in § 143-4 of this chapter, provided that:

Any structure and associated parking comply with the minimum setback requirements set forth for the zoning district in the District Schedule of Area and Bulk Regulations.[3]

Editor's Note: The schedule has been included at the end of this chapter.

Any signage is in conformance with § 143-27D(2).

A special permit is issued for the use and a site plan is reviewed and approved by the Planning Board in accordance with Articles VI and VII, respectively, of this chapter, including consideration of the standards set forth herein at § 143-109.

Access to the site of the Farm Market 2 shall be directly from a state or county highway or by a through Town roadway other than a residential subdivision street.

In the AB District, farm market 1, farm market 2 and farm market 3 are permitted, subject only to the requirements of § 143-39.1

[Added 7-12-2011 by L.L. No. 3-2011]

Editor's Note: The schedule has been included at the end of this chapter.

Housing for farm principals and employees shall, as set forth in the Article III or the District Schedule of Use Regulations[4] be permitted in the LD, RD5, RD3, R1.5 and I Districts.

The provision of housing for either seasonal or year-round farm principals and employees, i.e., Housing for Farm Principals or Employees 1, in multiple dwellings or mobile homes, shall be a permitted use on a farm, subject to compliance with the following requirements:

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

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

The housing shall be located on the farm parcel no closer to any property line than the minimum setback requirement for a principal dwelling in the zoning district as set forth in the District Schedule of Area and Bulk Regulations.[5] The housing shall, to the extent practicable, be screened by vegetation and/or landform from adjacent properties and public rights-of-way.

Editor's Note: The schedule has been included at the end of this chapter.

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

The provision of housing for year-round farm principals and employees, i.e., Housing for Farm Principals and Employees 2, in conventional dwellings shall be a special permit use in accordance with Article VI of this chapter, including compliance with the specific standards set forth at § 143-110 therein.

Editor's Note: This schedule is included at the end of this chapter.

The conduct of farm industries, as defined in § 143-4 of this chapter, shall be a permitted accessory use on a farm parcel in the LD, RD5, RD3, R1.5, R1 and I districts, and on a farm parcel or land in agricultural use in the AB District, provided that:

[Amended 7-12-2011 by L.L. No. 3-2011]

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

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

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

Permitted farm industry uses.

The farm industry may include one or more of the following on-site uses, provided that the general performance standards otherwise set forth in § 143-25 of this chapter for nonresidential and nonagricultural uses are met and the use is conducted, to the extent practicable, in an existing enclosed structure appurtenant to the farm operation:

Welding.

Agricultural machinery repair.

Woodworking.

Tack and harness repair, horseshoeing and blacksmith work.

Dressing of game.

Firewood preparation and sales.

Processing of locally produced agricultural products.

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

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

Commercial logging.

Excavation.

Landscaping.

Grounds maintenance

Animal breeding/artificial insemination.

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

Farm labor housing, as defined in § 143-4, is permitted in the AB District, and for all parcels in the Town that are within a New York State certified agricultural district, subject to the following:

[Added 7-12-2011 by L.L. No. 3-2011]

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

The housing shall be located on the farm parcel with a minimum front yard setback of 60 feet and a minimum side and rear yard setback of 35 feet.

§ 143-42 Outdoor storage on residential lots.

Not more than two commercial vehicles in excess of 20 feet in length nor more than a total of two camping or other trailers or boats may be stored outdoors on a lot in a residential district. All such outdoor storage shall occur as inconspicuously as practicable on the lot and may not occur within the minimum required front yard. No such commercial vehicle shall be stored within 100 feet of an adjoining residential lot line, nor shall a camping trailer or boat be stored within 25 feet of an adjoining residential lot line unless a dense natural screen is planted and maintained, in which case the above-stated minimum distances may be reduced to 50 feet and 15 feet, respectively.

§ 143-43 Antennas.

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

Any antenna, whether attached to a building or freestanding structure, shall not exceed 35 feet in height measured from the ground elevation and its setback from any property line shall be a minimum of 35 feet or the height of the antenna, plus 10 feet, whichever is greater.

No ground- or pole-mounted dish antenna shall encroach upon the minimum required front yard specified by the District Schedule of Area and Bulk Regulations[1] for the zoning district in which the dish is located or be roof-mounted. The The dish antenna shall be at least partially screened by intervening vegetation or landform from adjacent property lines or public rights-of-way to the extent practicable and without adversely affecting the operation of the dish antenna.

Editor's Note: This schedule is included at the end of this chapter.

As an exception and in consideration of applicable Federal Communications Commission (FCC) regulations, a ground- or pole-mounted dish antenna may be located within the minimum required front yard or be roof-mounted to either the principal structure or an accessory structure on the premises upon submission of reliable documentation to the Zoning Board of Appeals that compliance with the standards set forth in the preceding subsection would adversely affect the operation and utility of the dish antenna so as to render it ineffective.

No ground- or pole-mounted dish antenna shall exceed 12 feet in diameter or, except when roof-mounted, 20 feet in height.

Any tower- or ground- or pole-mounted antenna shall be:

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

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

§ 143-44 Temporary buildings and uses.

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

Temporary open storage facility. No temporary storage facility shall be maintained within any district, except as accessory to an ongoing and approved construction site.

Carnivals, fairs, circuses and other events. Nothing in this chapter shall be construed as prohibiting a church, school, civic association or similar nonprofit organization from holding a fair, carnival, circus, flea market, horse show or similar event for a period not exceeding five days upon its premises, the profit from which event is for the sole benefit of said applicant or other designated noncommercial beneficiary, or as requiring a permit therefor. Upon specific request, the Zoning Enforcement Officer may, in accordance with the Article III or District Schedule of Use Regulations,[1] further issue a permit to such organization located in the Town of Red Hook to hold such an event upon premises other than those of the applicant.

Editor's Note: The schedule has been included as an attachment to this chapter.

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

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

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

All sales shall be conducted on the owner's property. Multiple-family sales are permitted, provided that the sale is held on the property of one of the active participants.

No goods purchased for resale may be offered for sale.

No consignment goods may be offered for sale.

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

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

§ 143-45 Historic structures and districts.

[Added 3-8-2016 by L.L. No. 1-2016[1]]

Purpose and intent.

The Town of Red Hook is home to the Hudson River National Historic Landmark District, the most prestigious designation of historic resources in the nation. Its significance, in part, relates to the district's importance in American history, architecture and landscape design in a scenic region that inspired the Hudson River School of Painting. The Town has also been recognized with New York State's Mid-Hudson Historic Shorelands Scenic District designation, is located within the Estates District Scenic Area of Statewide Significance, contains state scenic byways and a coastal zone area, and is within the area designated by the federal government as an American Heritage River. It is also within the Hudson River Valley National Heritage Area and the state's Hudson River Valley Greenway.

In addition to the specific historic designations, the Town has structures that are individually listed on the State or National Registers of Historic Places.

The goal of the Hamlet (H) District is to foster compatibility in building architecture and related site design so as to sustain and enhance the small-town rural character, historic and architectural presence and sense of community within each of these hamlets and to preserve any cultural and archaeological resources that may be located within these early settlements.

The hamlets of Barrytown, Annandale-on-Hudson and Upper Red Hook are established settlements with many significant historic, architectural, cultural and archaeological resources. The importance of Barrytown and Annandale-on-Hudson have been recognized through their inclusion within the Hudson River National Historic Landmark District and Mid-Hudson Historic Shorelands Scenic District. River Road and Annandale Road have also been designated by NYSDEC as "scenic roads."

It is in the best interests of the Town of Red Hook that recognized historic resources be protected for the continuing use and enjoyment of future residents within the community. The Town of Red Hook specifically finds that many of these vital and irreplaceable historic resources have heretofore been afforded recognition, but not protection, through their inclusion, or deemed eligibility for inclusion, on the National Register of Historic Places. The Town further finds that preservation of Red Hook's historic architectural character will foster civic pride in the beauty and architectural achievements of the past and result in economic benefits to Red Hook by uniformly preserving its heritage and distinctive character.

This section is designed to provide for the protection of those historic structures and Hamlet Districts which, by reason of their antiquity, uniqueness, setting, historical association or architectural distinction or quality, have been recognized, both for their contribution to a strong sense of identity within the community and for the tangible linkages they provide to the Town's historic, architectural and cultural heritage.

This section is also intended to reinforce the importance of the historic structures and hamlets of the Town of Red Hook and support the objectives of the specific historic designations, the Town's Comprehensive Plan and the Local Waterfront Revitalization Program by:

Providing for the careful, thoughtful evaluation of any proposed action that would cause the alteration, removal or demolition of any such recognized historic structure;

Emphasizing as a statement of local policy that the conservation, protection, enhancement and preservation of such historic structures is necessary to promote the economic, cultural, educational, and general welfare of the Town's residents; and

Allowing the continuing identification and recognition of historic structures that represent distinctive elements of historic, architectural and cultural heritage.

This section is also intended to foster compatibility in building architecture and related site design in the Hamlet Districts so as to sustain and maintain the vernacular character, scale of buildings and small lot development pattern which distinguishes the Hamlet Districts.

This section is not intended to regulate the interior of historic structures.

Applicability. The provisions of this section apply only to regulated structures. Regulated structures include the following:

All structures within the Town's Historic Landmark Overlay (HL-O) District, which is coincident with the Hudson River National Historic Landmark District established in 1990, as depicted on the Historic Resources Map.

Individual structures, or structure complexes, listed on, or deemed eligible to be listed on, the State or National Register of Historic Places by the State Historic Preservation Office or keeper of the National Register of Historic Places.

Structures located within the Hamlet (H) Zoning District.

Other structures, if any, locally designated as historically significant by the Town Board of the Town of Red Hook, as depicted on the Historic Resources Map, as it may be amended from time to time.

CERTIFICATE OF APPROPRIATENESS

New construction in the HL-O and Hamlet Districts or on a lot containing a regulated structure.

Definitions. As applied to regulated structures, the following terms shall, for the purpose of this section, have the meanings herein indicated:

ALTERATION

Any change, construction, reconstruction, covering over, or removal, of a regulated structure or exterior architectural feature(s) thereof. Alteration shall not include routine maintenance or repair of a regulated structure required by normal wear and tear with the same materials unless such maintenance would result in a change in the architectural appearance of the structure. Interior alterations that do not affect the exterior architectural features of the regulated structure are not regulated by this section.

A permit issued by the Planning Board pursuant to this section to authorize alteration, demolition or new construction of a regulated structure.

DEMOLITION

The act of pulling down, destroying, removing, moving, relocating, or razing a regulated structure or portion thereof, or commencing the work of total or substantial destruction with the intent of completing same, including removal of a structure.

EMERGENCY DEMOLITION

A demolition authorized pursuant to the New York State Uniform Building Code, Chapter 52 of the Town Code or Chapter 74 of the Town Code when, after inspection, it is determined by the Building Inspector or other authorized official, after consultation with the Town Engineer, that a regulated structure poses an imminent threat to the health or safety of the community that cannot be adequately mitigated and that immediate demolition is necessary to protect public health and safety.

EXTERIOR ARCHITECTURAL FEATURES

The architectural style, general design and general arrangement of the exterior of any regulated structure, including but not limited to the kind and texture of the siding and other building materials and the type and style of the trim, doors, windows, steps, entryways, and other architectural features, but shall not include the kind and color of paint and light fixtures on any regulated structure.

NEW CONSTRUCTION

The erection or installation of any new structure that requires a building permit pursuant to Chapter 74 of the Town Code.

REMOVAL OF A STRUCTURE

A type of demolition that involves relocation of a regulated structure or portion thereof to another location on the same lot or on another lot.

Certificate of appropriateness.

No person shall carry out any alteration, demolition, or new construction of a regulated structure until the Planning Board has issued a certificate of appropriateness or a resolution deeming such certificate is not required and, when required, a building or demolition permit from the Building Inspector. The certificate of appropriateness required by this section shall be in addition to, and not in lieu of, any building permit or other approval required by the Town of Red Hook Code.

The Building Inspector shall not issue a building or demolition permit for any activity regulated by this section, other than in the case of an emergency demolition as provided in § 143-45L, until the Planning Board has issued a certificate of appropriateness or a resolution deeming such certificate is not required or, subsequently, upon request for review of the disapproval of such certificate of appropriateness, a certificate of hardship.

Application procedure.

Every sketch phase application for a certificate of appropriateness shall be forwarded by the Building Inspector to the Planning Board and the Design Review Committee for an initial screening. The applicant shall provide the Building Inspector with the name, address, and telephone number of the owner and applicant, if different, the property location and tax map number(s), photograph(s), and a sketch or description of the proposed alteration, demolition or new construction.

The Design Review Committee shall issue an initial recommendation to the Planning Board within 15 days after receipt of the sketch phase application or by the next regularly scheduled Planning Board meeting, whichever is later.

The Design Review Committee's initial recommendation shall include the following information:

A list of additional information that should be submitted for a complete application; or

An opinion that the proposed activity is of a minor nature and does not warrant additional review.

Once the Design Review Committee has submitted its initial recommendation to the Planning Board, a sketch conference between the Planning Board and the applicant shall be held to initially review the sketch phase application and to determine the extent of review necessary for the intended project.

At the sketch conference, the Planning Board shall take one of two actions:

Where the Design Review Committee has determined that the project is of a minor nature, the Planning Board may confirm the determination of the Design Review Committee that the project requires no further review under this section.

Determine that the project does require full review under this section, that a complete application is required and whether to waive, in its discretion, any application requirements set forth in Subsection F.

Application requirements for certificate of appropriateness.

Sketch phase. The sketch application shall include the name, address, and telephone number of the owner and applicant, if different, the property location and tax map number(s), photograph(s), and a sketch or description of the proposed alteration, demolition or new construction.

Complete application. The following information is required unless waived by the Planning Board in its discretion:

Photographs and a brief description of any structure proposed to be altered or demolished, including approximate date of construction, name of architect if known, historic and/or architectural significance, and a description of the setting, including related grounds, accessory buildings and structures and property boundaries.

Past 10 years' chronology of the use, occupancy and ownership of the property.

A complete description of the proposed work adequate to provide a full understanding of the work to be done.

Construction drawings and materials lists.

Any other information specific to the proposed alteration, demolition, or new construction required by the Planning Board to make a determination on the application for a certificate of appropriateness, including data to demonstrate compliance with the criteria for approval set forth in Subsection 143-45G below.

For a proposed demolition, plans for the redevelopment of the property, including at least one of the following:

A redevelopment plan for the property that provides for a replacement or rebuilt structure for the regulated structure being demolished or relocated, indicating in sufficient detail the nature, appearance and location of all replacement or rebuilt structures; or

For property to remain vacant, a restoration plan for the property following demolition, including a description of the materials, grading, landscaping, and maintenance procedures to be utilized to ensure that the restoration conforms to the approved plan and that landscaping survives in a healthy condition; and/or

A treatment plan for any walls of adjacent buildings exposed as a result of the demolition.

An environmental assessment form (EAF), when applicable. If demolition is proposed in conjunction with the alteration or new construction of a regulated structure, the EAF shall consider both actions.

Criteria for approval of a certificate of appropriateness.

Alteration. In reviewing an application for a certificate of appropriateness for the alteration of a regulated structure, the Planning Board shall determine whether the proposed alteration is appropriate, based on the following standards:

Insofar as possible, the proposed alteration shall retain exterior architectural features of the regulated structure which contribute to its historic character as seen from the street or other public property or which contribute to the overall character and integrity of the HL-O District or Hamlet District;

Alteration of the regulated structure shall be compatible with its historic character. The Planning Board shall be guided, where appropriate, by the Secretary of the Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings.

In the Hamlet District, alteration of a regulated structure shall be compatible with the community character of the Hamlet District. In the HL-O District, alteration of a regulated structure shall be compatible with the historic character of the HL-O District. For projects proposed in the HL-O District, refer also to § 143-46 of this chapter.

In applying the principle of compatibility, the Planning Board shall consider the following factors:

The general design, character and appropriateness of the proposed alteration to the regulated structure;

The scale of proposed alteration in relation to the regulated structure and the applicable district;

Texture and materials, and their relation to similar features of the regulated structure and similar structures of the same historic period and style;

Visual compatibility, including proportion of the property's front facade, proportion and arrangement of windows and other openings within the facade, roof shape and the rhythm or spacing of properties along the street or roadway, including consideration of setback and the treatment of yard areas; and

The importance of the regulated structure and its architectural or other features to the historic significance of the Town, the Hamlet District, the HL-O District, or other regulated structures on the lot.

The history, use, occupancy and ownership of the property.

Information and/or testimony as to the appropriateness or inappropriateness of the proposed alteration.

In the Hamlet District, the importance of the regulated structure and related property to the hamlet's heritage, where applicable.

Demolition. In reviewing an application for a certificate of appropriateness for the demolition of all or a portion of a regulated structure, the Planning Board shall consider whether:

The structure is of such architectural or historic significance that its demolition would be to the detriment of the public interest;

Retention of the structure in its current form and/or at its present location is important to the Town's history or character or to the cohesiveness and character of the HL-O or Hamlet District;

The structure is of such old and unusual or uncommon design, texture and material that it could be reproduced only with great difficulty, or not at all;

Retention of the structure would help preserve and protect an historic place or area of historic interest in the Town;

Retention of the structure would promote the general welfare by maintaining real estate values and encouraging interest in American history and architecture;

Whether throughout the review process the applicant has consulted cooperatively with the Planning Board, local preservation groups and other identified interested parties in a diligent effort to seek an alternative that would result in preservation of the regulated structure;

In the Hamlet District, the importance of the regulated structure and related property to the hamlet's heritage;

In order to approve an application for a certificate of appropriateness for demolition, the Planning Board shall find that the demolition will not result in a significant avoidable diminution of the historic character of the neighborhood and that one or more of the following additional criteria have been met:

The structure or portion of the structure to be demolished is in such condition that its preservation or restoration would not be feasible.

In the case of removal or demolition of a portion of a structure, the historic characteristics of the remaining portion of the structure will remain intact.

After considering the interests of the public and the owner, the benefits of demolition outweigh any reasonable interest in preserving the building.

New construction. Criteria for approval of a certificate of appropriateness for new construction of a regulated structure.

New construction shall not detract from the historic significance of the property, district or adjacent regulated structures or from the community character of the HL-O and Hamlet Districts. Review of new construction shall be limited to visual compatibility and minimizing impacts to any adjacent regulated structures. In applying the principle of compatibility, the Planning Board shall consider the following factors:

The scale of proposed new construction in relation to adjacent regulated structures and the neighborhood.

The proposed texture and materials, and their relation to similar features of adjacent regulated structures.

The visibility of the property from regulated structures.

Information and/or testimony as to the appropriateness or inappropriateness of the proposed structure in connection with the purpose and intent of this section.

Nothing herein shall prohibit the Planning Board from granting a certificate of appropriateness for a structure of exceptional architectural merit if the Planning Board finds, in writing, that the exceptional architectural merit of the new structure outweighs any visual impacts on nearby regulated structures.

Planning Board review procedure.

Upon receipt of a complete application, the Planning Board shall refer the submission to the Design Review Committee for a substantive recommendation, which recommendation shall be returnable to the Planning Board 31 calendar days following said referral. If the Design Review Committee does not submit a recommendation within 31 days, or if the Design Review Committee has previously recommended that no further review is warranted as the project is of a minor nature, the Planning Board may act without it. The Planning Board may in its discretion extend the time for the Design Review Committee to respond.

The Planning Board shall refer the submission to the Dutchess County Department of Planning and Development pursuant to Section 239-m of the General Municipal Law, when required.

The Planning Board shall hold a public hearing within 62 calendar days after receipt of a complete application. Notice of the public hearing shall be mailed to all property owners within 200 feet of the boundaries of the lot on which the regulated structure for which the certificate of appropriateness is requested is located and published at least once in the Town's official newspaper at least 10 calendar days prior to the public hearing.

The Planning Board shall render its written decision and findings within 62 calendar days after the conclusion of the public hearing.

Conditions. The Planning Board, in granting any approval, shall have the authority to impose such reasonable conditions and restrictions as necessary.

The Board's decision shall be filed with the Town Clerk and Code Enforcement Officer and mailed to the owner and applicant within five days. If the Planning Board denies approval of the application for a certificate of appropriateness, the applicant may apply for relief, in accordance with the procedures set forth in Subsection J below, on the grounds that the determination results in an economic hardship.

Waivers. The Planning Board may waive the requirement for a substantive referral to the Design Review Committee and/or a public hearing, in its discretion, upon a finding that the alteration, demolition or new construction will not result in a significant avoidable diminution of the historic character of the regulated structure or property, and that the alteration, demolition or new construction would be appropriate in relation to any other regulated structure existing or proposed within 300 feet after applying the standards in Subsection G.

Certificate of hardship. An applicant whose certificate of appropriateness has been denied by the Planning Board may apply to the Planning Board for relief on the grounds of hardship.

No person who has been denied a certificate of appropriateness shall carry out any alteration, demolition or new construction of a regulated structure without obtaining both a certificate of hardship from the Planning Board and a building or demolition permit from the Building Inspector.

Procedure.

A public hearing shall be held on the hardship application within 62 days of receipt of a complete application by the Planning Board. Notice of the public hearing shall be published in the official newspaper of the Town at least 10 days prior to the hearing.

The Planning Board shall make a decision within 62 days of the close of the public hearing.

The decision of the Planning Board shall be in writing and shall state the reasons for granting or denying the hardship application. If the application is granted, the Planning Board shall approve only such work as is necessary to alleviate the hardship. In granting any approval, the Planning Board shall have the authority to impose such reasonable conditions and restrictions as necessary.

In order to prove the existence of hardship, the Planning Board must find that:

In the absence of the requested hardship determination, the property is incapable of earning a reasonable return, regardless of whether that return represents the most profitable return possible;

In the case of a proposed demolition, the applicant shall establish that:

The property cannot be adapted for any other use, whether by the current owner or by a purchaser, which would result in a reasonable return; and

Efforts to find a purchaser interested in acquiring the property and preserving it have failed.

The applicant shall consult in good faith with the Planning Board, the New York State Historic Preservation Office, preservation groups and interested parties in a diligent effort to seek an alternative that will result in preservation of the property.

The Planning Board shall take into consideration the economic feasibility of alternatives to alteration, demolition, or new construction and balance the interest of the public in preserving the regulated structure or portion thereof and the interest of the owner in alteration, demolition or new construction.

The Planning Board may require that the applicant make submissions concerning any or all of the following information before it makes a determination of hardship:

Estimate of the cost of the proposed alteration, demolition or new construction, and an estimate of any additional cost that would be incurred to comply with the recommendation of the Planning Board for changes necessary for the issuance of a certificate of appropriateness;

A report from a licensed engineer or architect, with demonstrated qualifications and experience in rehabilitation, regarding the structural condition of any structures on the property and their suitability for rehabilitation;

Estimated market value by a licensed appraiser of the property in its current condition; after completion of the proposed alteration, demolition, or new construction; after any changes recommended by the Planning Board; and, in the case of a proposed demolition, after renovation of the existing property for continued use;

In the case of a proposed demolition, an estimate from an architect, developer, real estate consultant, appraiser, or other real estate professional experienced in rehabilitation, regarding the economic feasibility of rehabilitation or renovation for reuse of a structure proposed for demolition;

Amount paid for the property, deed, the date of purchase, and the party from whom purchased, and a description of the relationship, if any, between the owner of record or applicant and the person from whom the property was purchased, and any terms of financing between the seller and buyer;

If the property is income-producing, the annual gross income from the property for the previous two years; itemized operating and maintenance expenses for the previous two years; and depreciation and annual cash flow before and after debt service, if any, during the same period;

Remaining balance on any mortgage or other financing secured by the property and annual debt service, if any, for the previous two years;

All appraisals obtained within the previous two years by the owner or applicant in connection with purchase, financing, or ownership of the property;

Any listing of the property for sale or rent, price asked and offers received, if any, within the previous two years;

Assessed value of the property according to the two most recent assessments;

Real estate taxes for the previous two years;

Form of ownership or operation of the property, whether sole proprietorship, for profit or not-for-profit corporation, limited partnership, joint venture, or other; and

Any other information deemed necessary by the Planning Board to make a determination of economic hardship.

Upon a finding by the Planning Board that without the issuance of a certificate of appropriateness all reasonable use of, or return from, the property will be denied a property owner, then the Planning Board shall issue a certificate of hardship approving the proposed work.

Expiration.

Certificates of appropriateness and of hardship for demolition shall expire one year from the date of approval. Certificates of appropriateness and hardship for alteration and new construction shall expire if any of the following circumstances occur: work authorized under the Certificate is not commenced and diligently pursued through the completion of substantial construction within 30 months of the date of approval by the Planning Board or within 30 months of the stamping and signing of a related site plan, whichever is later.

Upon prior written request to the Planning Board at least 21 days before expiration, including a statement of justification for the requested time extension, the time in which to exercise the permit may be extended by the Planning Board for a maximum period of six calendar months and one calendar year, respectively.

Emergency demolition. Nothing in this section shall prevent the emergency demolition of a regulated structure.

Editor's Note: This local law also repealed former § 143-45, Development within the Hamlet (H) District, as amended.

§ 143-45.1 Design Review Committee.

[Added 3-8-2016 by L.L. No. 1-2016]

There is hereby established a Design Review Committee. The Committee shall be appointed by the Town Board and shall be comprised of the Town Historian as an ex officio nonvoting member, and five other residents of the Town of Red Hook, who shall have a term of office of five years, with terms to be staggered so that one member's term expires each year.

Membership. At least one member shall be a resident of the Hamlet District. At least one member shall be an architect experienced in working with historic buildings or shall have demonstrated significant interest in and commitment to the field of historic preservation evidenced either by involvement with a local historic preservation group, employment, or volunteer activity in the field of historic preservation, or other serious interest in the field. Members may not also be members of the Planning Board, Zoning Board of Appeals, or Town Board.

Meetings. The Committee shall meet monthly, or as otherwise needed to review applications referred to it by the Planning Board in accordance with the Zoning Law.

Board Chair. The Town Board shall annually designate the Chair of the Committee. The Chair or a majority of the Committee may call a meeting of the Board.

Vacancies. A person appointed to fill a vacancy shall serve the unexpired term of the member he/she replaces.

Quorum. Three voting members of the Committee are required for the purpose of conducting a meeting.

Powers and duties. The Committee shall serve in an advisory capacity to the Planning Board, Zoning Board of Appeals, and Town Board. The Committee shall review and comment on applications for a certificate of appropriateness referred to it pursuant to § 143-45 of the Zoning Law and any other application for site plan, special permit, variance or subdivision approval referred to it by the Planning Board or Zoning Board of Appeals. In addition, the Committee may make recommendations with respect to the drafting and adoption of amendments to the Zoning Law or the creation of design manuals upon request of the Town Board.

§ 143-46 Additional standards for development in Historic Landmarks Overlay (HL-O) District.

[Amended 3-8-2016 by L.L. No. 1-2016]

The Zoning District Map set forth in § 143-7 of this chapter delineates the boundaries of the Historic Landmarks Overlay (HL-O) District, and its intent is set forth in the preceding § 143-6.

Through the HL-O District designation and the underlying WC, LD, RD5, AB, I and Hamlet District classifications, the Town recognizes the economic value of these lands while encouraging the preservation, restoration and conservation of their unique buildings and settings for the enjoyment of future generations. The Town construes such activity as including both the improvement of existing buildings and other structures, e.g., stone walls, and the imaginative and unobtrusive siting of new uses and buildings within the estate-type settings. The Town requires that:

Residential development. Pursuant to § 143-45 of this chapter, a certificate of appropriateness or hardship is required before alteration, demolition or new construction of a structure within the district. In addition, the following standards shall apply:

Residential development which is subject to site plan or special permit review shall comply with the community standards in Subsection B(3) below.

New residential subdivisions proposed within the HL-O District shall be undertaken as a conservation subdivision in accordance with Chapter 120, Subdivision of Land, § 143-33 of this chapter, and the community standards set forth in Subsection B(3) below.

Nonresidential development. Pursuant to § 143-45 of this chapter, a certificate of appropriateness or hardship is required before alteration, demolition or new construction of a structure within the District. Except for authorized agricultural and conservation uses, any nonresidential development permitted in Article III and proposed within the HL-O District shall be carried out in accordance with an overall plan for the use, operation and management of the parcel and with the community standards set forth in Subsection B(3) below.

Community standards. Within the HL-O District the Planning Board shall apply the following community standards in its consideration of any application for a certificate of appropriateness under § 143-45, issuance of a special use permit and/or review and approval of a site plan in accordance with Articles VI and VII, respectively, of this chapter or, as stated above, in the Planning Board's consideration of an application for approval of a conservation subdivision under Chapter 120, Subdivision of Land, and § 143-33 of this chapter.

Formal and informal landscaping, as well as structures such as stone walls and entrance gates, shall be restored whenever feasible. When evaluating a proposal for such restoration, the Planning Board shall consider original design and construction of such features, along with subsequent modifications, current conditions, historic quality and overall relationship to the character of the overlay district.

Any new construction shall complement the appearance of historic structures and development patterns.

Any new construction shall have a minimal impact on fields, meadows and woodlands. Soil erosion shall be minimized; substantial regrading or changes in topography shall not be permitted.

Unique natural areas and open spaces such as bays, streams, ponds, marshes, steeply sloped areas, woodlands, etc., shall remain preserved in their natural condition.

All development shall be consistent with the objectives of the Comprehensive Plan of the Town of Red Hook.

§ 143-47 Development within the Environmental Protection Overlay (EP-O) District.

The Town of Red Hook declares that the protection of its surface and ground water resources, historic resources, scenic areas, and important farmlands is an important public purpose and that, to the extent practicable, future development of the Town should minimize alteration of, or construction within, these significant environmental resource areas.

In furtherance of this objective, § 143-5 of this chapter establishes the Environmental Protection Overlay (EP-O) District as an overlay district in which the additional regulations set forth in this section supplement, but do not replace, the use and bulk regulations otherwise applicable to the underlying zoning district. If there is any conflict between the requirements of the EP-O District and the underlying zoning district, the more restrictive requirement or requirements shall apply.

In considering any application for the issuance of a special use permit or the approval of a site plan in accordance with Articles VI and VII, respectively, of this chapter or any application for approval of a subdivision plat pursuant to Chapter 120, Subdivision of Land, the Planning Board shall, to the maximum extent practicable, ensure that heretofore undeveloped lands delineated within the Environmental Protection Overlay (EP-O) District set forth in § 143-7 of this chapter be maintained as perpetual open space and as an appropriate setting or context for the historic buildings located there, directing allowable new development onto other lands, if any, held by the applicant outside the EP-O District.

The afore-cited Zoning District Map is complemented by the Environmental Protection Overlay (EP-O) District Map set forth in this section. Said map delineates areas subject to the more specific regulations set forth below based upon the presence of the captioned environmental resource.

Stream corridors. The protection of stream corridors is essential to the maintenance of water quality. It is, therefore, deemed necessary for the Town of Red Hook to create an adequate buffer to protect those stream corridors from development encroachment, erosion and water quality degradation caused by either surface or subsurface runoff.

The regulated stream corridor shall consist of all lands lying within 100 feet of the normal streambank of the Sawkill, including its main tributary, the Lakes Kill, and each of its other perennial tributaries: the Stony Kill, the Mudder Kill and such other streams and tributaries as may be subsequently designated by the Town Board upon recommendation of the Conservation Advisory Council. Where these streams are split into two or more channels by islands, the overall regulated area shall include such islands, and the boundaries of the regulated stream corridor shall be measured from the normal streambank of the outer channels.

Special use permit.

The regulated stream corridor designation strictly limits activities within the designated area. There shall be no construction, filling, excavation, clearing of mature trees, grading or other alteration of the natural landscape or application of fertilizers, pesticides or herbicides beyond the level of generally accepted agricultural practices, as endorsed by the New York State Department of Agriculture and Markets, New York State Department of Environmental Conservation and the Federal Environmental Protection Agency, or dumping or disposal of any materials by human beings within any portion of the regulated stream corridor without the prior issuance of a special use permit by the Planning Board.

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

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

The Planning Board has been able to define appropriate conditions for attachment to the special use permit to reasonably ensure that the proposed use or activity will not result in erosion or stream pollution from surface or subsurface runoff.

A twenty-five-foot-wide natural buffer shall be maintained from the normal streambank for all activities except for those dependent upon the recreational use of the stream course or its employ as a source of water for emergency purposes.

Aquifers. It is in the overall public interest to preserve the quality and quantity of the Town's groundwater resources to ensure a safe and adequate water supply for present and future generations. Accordingly, the Town of Red Hook seeks to protect groundwater resources currently in use and those aquifers having potential for future use as public water supply through delineation of the aquifer protection area on the Environmental Protection Overlay (EP-O) District Map and the imposition of the regulations set forth herein.

For the purposes of this subsection, certain words and terms shall have the meanings listed below:

AQUIFER

A geologic unit of stratified drift capable of yielding usable amounts of water.

AQUIFER PROTECTION AREA

The areas identified as such on the Environmental Protection Overlay (EP-O) District Map based on surveys, analysis and research to accurately delineate the location of an aquifer.

CONTAMINATION

The degradation of natural water quality as a result of human activities to the extent that its usefulness is impaired.[1]

HAZARDOUS MATERIAL

Material that may pose a present or potential hazard to human health or the environment when improperly stored, transported or disposed of or otherwise managed, including without exception hazardous waste identified and listed in accordance with Section 3001 of the Resource Conservation and Recovery Act of 1976 (P.L. 94-580) and related implementing regulations.

SOLID WASTES

Unwanted or discarded material, including solid, liquid, semisolid or contained gaseous material.

STRATIFIED DRIFT

Unconsolidated, sorted sediment, composed of layers of sand, gravel, silt or clay, deposited by meltwater from glaciers.

Editor’s Note: The former definition of “groundwater,” which immediately followed, was repealed 6-26-2019 by L.L. No. 5-2019.

Within the aquifer protection area, the following shall be specifically deemed to be prohibited uses and activities:

The disposal, storage or treatment of hazardous and solid waste material.

Outside storage of any materials which, in the opinion of the Zoning Enforcement Officer, could contaminate groundwater resources.

Gasoline stations.

Cemeteries.

The cooking, distillation, processing and incineration of animal or vegetable products, including but not limited to brewery, distillery, slaughterhouse, fat rendering, soap manufacture, tannery, paper manufacture, wool-scouring and cleaning, cotton textile sizing, scouring, bleaching, dyeing and similar operations.

The production of corrosive and noxious chemicals, including but not limited to acids, acetylene gas, ammonia, chlorine and bleaching compounds.

The production, processing and storage of coal, coal tar, petroleum and asphalt products, including but not limited to coke manufacture, illuminating gas production, petroleum refining, bulk gasoline and petroleum products storage, asphalt products, linoleum manufacture, oilcloth manufacture and roofing material manufacture.

All other uses that are permitted in the applicable underlying zoning district shall be permitted in the aquifer protection area, provided that the requirements set forth below for underground storage of fuels are met:

Any proposal to install an underground fuel storage tank shall obtain an application and permit from the local Fire Department in addition to any other required permit. The applicant shall notify the Fire Chief at least 24 hours in advance of all work.

All underground tanks shall be double-hulled steel or fiberglass encased in a concrete vault.

Any application for the issuance of a special use permit or approval of a site plan for any multifamily residential, institutional, light industrial or commercial use within the aquifer protection area shall be accompanied by a detailed written statement fully describing the proposed use and operation and including certification by the project sponsor that none of the prohibited uses or activities set forth above in Subsection D(2)(b) will occur on the multifamily residential, institutional, light industrial or commercial premises.

Each application submitted to the Town for the establishment of a use or the development of land and/or buildings and structures within the aquifer protection area shall include identification of any necessary federal, state or county permits, copies of all such permit applications and copies of all related correspondence between the applicant and the permitting agency or agencies.[2]

Editor's Note: Former Subsection D(3), Historic and scenic areas, which immediately followed this subsection, was repealed 3-8-2016 by L.L. No. 1-2016.

§ 143-48 Development within the Scenic Corridor Overlay (SC-O) District.

In addition to the role of the Environmental Protection Overlay (EP-O) District set forth in prior § 143-47 in protecting certain scenic and historic areas and other significant environmental resources, the Town recognizes the need to extend particular concern to those lands that lie immediately adjacent to the Town's designated scenic roadways. The view experienced from these roadways contributes significantly to the overall rural character of the Town, an attribute the community seeks to preserve and enhance while accommodating growth and change.

In furtherance of this objective, § 143-5 of this chapter establishes the Scenic Corridor Overlay (SC-O) District in which the additional regulations set forth in this section supplement, but do not replace, the use and bulk regulations otherwise applicable to the underlying zoning district.

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

The open space area defined by the required front yard should be managed in a way that preserves significant existing vegetation, plant specimens, landforms and water features; nurtures tree planting and other natural landscaping efforts; preserves stone walls and similar features; and ensures both the protection of visual buffers and the prominence of key scenic vistas, including views of historic properties and 1andscapes.

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

As stated in § 143-33 of this chapter, clustering shall be the preferred residential land development technique for lands adjacent to or affecting the overall character of a designated scenic roadway.

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

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

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

§ 143-49 (Reserved) [1]

Editor’s Note: Former § 143-49, Development within the Light Industrial Overlay (LI-O) District, was repealed 6-26-2019 by L.L. No. 5-2019.

§ 143-49.1 Traditional Neighborhood Development District.

[Added 7-12-2011 by L.L. No. 3-2011]

(NOTE: This section incorporates design concepts and images from the "SmartCode Version 9.0" authorized by Duany Plater-Zyberk & Company.)

Purposes.

In conformance with the Town of Red Hook Comprehensive Plan, the purposes of the Traditional Neighborhood Development District (TND District) are as follows:

To ensure that development adjacent to the Village of Red Hook is designed to conform to the Village's traditional compact, pedestrian-oriented and mixed-use neighborhood pattern.

To extend greater opportunities for traditional community living, working, housing and recreation to residents of the Town.

To provide more convenience in the location of retail, service and office uses scaled to serve the day-to-day needs of the TND residents and designed to create a traditional, walkable neighborhood with attractive landscaping and building design.

To distribute a range of civic functions and open spaces within neighborhoods to enhance community identity and social interaction.

To reduce traffic congestion and allow independence to those who do not drive by ensuring that ordinary activities of daily living occur within walking distance of most dwellings, and by creating a safe and walkable environment.

To create an interconnected network of narrow, tree-lined streets with sidewalks and paths that disperse traffic and reduce the length of automobile trips by offering multiple routes for vehicular and pedestrian traffic, and to provide for the connections of those streets to existing and future developments.

To ensure that buildings and landscaping contribute to the physical definition of streets as public spaces.

To provide a range of housing types and price levels to accommodate a variety of age and income groups and residential preferences.

To ensure that new development in the TND District will be compatible with historic village building patterns and will create a strong sense of community identity and neighborhood feeling experienced in traditional rural settlements.

To preserve the rural, historic and agricultural character of the Town by directing new development to areas adjacent to the Village of Red Hook, thereby creating distinct settlements surrounded by a greenbelt of conserved lands.

To provide employment opportunities for local contractors and builders.

To make development decisions predictable, fair and cost-effective.

To promote development in harmony with the goals and objectives of the Town of Red Hook Comprehensive Plan and Open Space Plan.

To implement the recommendations of Greenway Connections: Greenway Compact Program and Guides for Dutchess County Communities ("Greenway Guides"), pursuant to § 143-144.1 of the Town of Red Hook Code.

In order to preserve the rural and agricultural character of the Town, development potential in the TND District may be increased under the Town's incentive zoning program as outlined in § 143-49.2, which is designed to preserve farms, important farmland and open space in the Agricultural Business District.

In order to ensure public safety with easy access to residential neighborhoods by police, fire and ambulance services and to maintain neighborhood connectivity, gated housing developments are prohibited in the TND District.

Applicability.

This section uses the terms "shall" when required, "should" when recommended, and "may" when preferred.

In the event of any conflict, the provisions of this section shall take precedence over other sections of this chapter and the Town of Red Hook Subdivision Law.[1]

Editor's Note: See Ch. 120, Subdivision of Land.

Terms used throughout this section shall take their commonly accepted meanings unless defined in Subsection U, Definitions, or § 143-4 of this chapter. The definitions in Subsection U contain regulatory language that is integral to this section.

Illustrative sketch plans.

The Town of Red Hook Traditional Neighborhood Development Illustrative Sketch Plans (Figures 1 and 2) are not mandatory development plans but are intended to serve as illustrated examples for the application of specified design principles in order to achieve a desired form and appearance of developments. These plans have no regulatory authority and were not based on detailed survey or natural features analysis of specific properties.

Design principles for the subdistricts are shown on the illustrative plans on Figures 1 and 2. Full-scale versions of these illustrative plans can be viewed in the Planning Board office. The specific design standards to be applied using the design principles of the illustrative plans are found in Subsection I through Subsection Q herein.

Figure 1: Red Hook Traditional Neighborhood Development Illustrative Sketch Plan

Figure 2: South Broadway Traditional Neighborhood Development Illustrative Sketch Plan

Subdistricts.

The TND District consists of three subdistricts as shown on the Zoning Map: the Commercial Center Subdistrict, the Residential Neighborhood Subdistrict and the Office-Industrial Subdistrict.

The Commercial Center Subdistrict is intended primarily to meet the day-to-day retail and service needs of the immediate neighborhood within two- and three-story buildings (or buildings with the appearance of two stories), and may contain other compatible uses, such as office, civic and institutional uses of community-wide importance. It also provides for upper story office and residential uses on main commercial streets within the Commercial Center, and other residential types on side streets.

The Residential Neighborhood Subdistrict provides locations for a broad range of housing types, as well as home occupations and other limited uses.

The Office-Industrial Subdistrict is intended to enhance the Town's tax base and provide local employment opportunities by providing a location for light industry, office, research and lodging facilities with suitable access and external buffer areas to ensure compatibility with adjacent land uses and to minimize visual impacts on the Town's southern gateway.

The specific uses permitted in each of the subdistricts are identified in Subsection H below.

General procedures.

Except as specifically set forth below, development of any parcel in the TND District shall comply with the requirements of Article VII of this chapter (site plan review), and Chapter 120, Subdivision of Land, of the Town Code, in addition to the requirements of this section.

For any use in the TND District, including, without limitation, any permitted use, special permitted use, accessory use, or change in use, and prior to the issuance of any building permit or certificate of occupancy within the TND District, a detailed site plan shall be approved by the Planning Board, and no building or site development shall be carried out except in conformity with such approved plan. An exception to the above shall be made for a building permit issued for a single accessory structure as long as said structure is fully consistent with the requirements of this section.

[Amended 7-10-2012 by L.L. No. 3-2012]

The simultaneous planning of adjacent parcels is encouraged. Individual parcel development shall be compatible with the design principles of this section and as illustrated by example on the Red Hook Traditional Neighborhood Development Illustrative Sketch Plans (Figures 1 and 2[2]).

Editor's Note: Figures 1 and 2 immediately follow Subsection C(2) of this section.

The Town's Geographic Information System (GIS) identifies resources to be taken into account in the design of a TND. This includes wetlands, floodplains and other valuable environmental resources to be protected and integrated into the neighborhoods as assets.

TND site plans and subdivision plats shall be developed in accordance with a survey of existing conditions showing the site, adjacent developments, connecting thoroughfares, natural and cultural features. The design of a TND site plan and subdivision plat shall take into account these existing conditions.

Connection to municipally owned facilities is the preferred means of providing water and sewer services in the TND District. Where such connections are not feasible, special improvement districts should be created under New York State Town Law or County Law, whether or not the initial sewer and water facilities are to be privately owned.

A TND site plan and subdivision plat, if proposed, shall be prepared by the applicant.

Each TND site plan and subdivision plat, if proposed, according to its type, and responding to existing conditions, shall be structured in accordance with the respective Commercial Center, Residential Neighborhood and Office-Industrial standards for the TND District.

All buildings and associated site improvements are subject to design review by the Planning Board in accordance with the provisions of this section. The Planning Board may consult the Greenway Guides for additional design recommendations for development within the TND District. The Town Board may, in consultation with the Planning Board, adopt a Pattern Book for the Traditional Neighborhood Development District with additional illustrations and information on TND development patterns and architectural character as a guide to applicants and as an aid to the administration of this section.

Application process.

To promote optimum use of the parcel in the future, applicants may be required to prepare a conceptual master plan for their entire parcel whenever an application to subdivide or develop a portion of a larger parcel is submitted for a TND. The development of a master plan is intended to provide the surrounding community and the Town with information about, and an opportunity to comment on, the TND's future development. The plan also allows the applicant and the Town to address the effects of future development. Finally, an approved master plan is intended to ensure that the uses will be allowed to develop in a manner consistent with the plan. Master plans may be developed at various levels of detail. Generally, the more specific the plan, the less review that will be required as the future permitted uses are built. If a Master Plan is required, SEQR review shall be conducted on the Master Plan.

Sketch site plan. The TND site plan shall first be presented in a conceptual form as a sketch plan. Endorsement of the sketch plan does not commit the Planning Board to approval of the detailed site plan, but is a way for the applicant and the Planning Board to discuss overall planning concepts. The Planning Board shall discuss the sketch site plan at a regular Planning Board meeting. An applicant wishing to develop in the TND District shall submit to the Planning Board 10 copies of the following, a portion or all of which may be submitted electronically to the extent procedures for such submission have been adopted by the Planning Board:

A sketch plan, at a scale of one inch equals 100 feet or one inch equals 200 feet, whichever would fit on a single standard size (for example 24 inches by 36 inches) sheet. The sketch plan shall show the following:

Aerial photograph and analysis showing the relationship of the project site to surrounding properties, streets, trails, parks and open space networks.

Natural features of the site, including soil types, topography (with contours at five-foot intervals), wetlands, streams, water bodies, floodplains, aquifers and aquifer recharge areas, steep slopes, mature forests, isolated trees with a caliper in excess of 12 inches, and habitats of endangered species, threatened species or species of special concern. This data may be based on readily available data from published sources, such as aerial photographs, USGA topographical sheets, Town of Red Hook GIS, FEMA floodplain maps, tax maps, and state DEC and United States Fish and Wildlife Service wetlands maps.

Known cultural and historic resources, hedgerows, stone walls, scenic viewsheds and other similar assets.

The locations of all proposed streets and connections to adjacent streets, structures, civic spaces, recreation facilities and parking areas; proposed lot sizes and setbacks; the disposition of buildings and their relationship to streets and parking areas; and the general building types proposed.

A description of present uses, proposed uses and accessory uses, and conceptual plans for possible future uses. The description shall provide information as to the general amount and type of each use, including but not limited to retail, service, office, lodging, recreation areas, civic space and residential uses.

Required application fee.

Detailed site plan. Upon endorsement of the sketch plan by the Planning Board, the applicant shall submit 10 copies of the following, a portion or all of which may be submitted electronically to the extent procedures for such submission have been adopted by the Planning Board:

An analysis of permitted units per acre.

A detailed site plan for the entire development, or for the phase initially proposed for development, meeting the requirements of § 143-115 of this chapter and showing the following:

Relationship to surrounding properties, streets, trails, parks and open space networks.

All improvements planned in conjunction with the proposed uses including information required in Subsection F(2)(a)[4] and F(2)(b); the vehicle circulation system, including existing and potential connections to adjacent streets and properties; the pedestrian and bicycle circulation system, including connections between major buildings and activity areas within the TND site plan boundaries; the location, size and proposed surface treatment of all vehicle parking areas; building elevations; square footage of building floor area; number and types of residential units, including bedroom count and proposed floor plans; impervious surface coverage; proposed landscaping and planted areas, with identification of sizes and types of vegetation to be used, and method to ensure long-term survival; the location, size and design of all existing and proposed improvements, including the stormwater drainage, water supply and sewage disposal systems, and other similar features; the location, type and size of any proposed signs and exterior illumination; and any additional information that will assist the Planning Board in its review of the TND.

Greens, squares, playgrounds, trails, conservation areas and recreational facilities.

The likely hours of operation, and such things as the approximate number of employees, visitors, residents and special events, shall be included for the purpose of assisting the Planning Board in its evaluation of the potential impacts.

A copy of any architectural design guidelines or similar code proposed to be enforced by the developer and/or a homeowners' association, if any, which guidelines or code shall be consistent with Subsection M. Whether or not such design guidelines or code are proposed, the TND site plan shall demonstrate compliance with Subsection M.

Written agreements providing for the future ownership and maintenance of all commonly owned or used portions of the proposed development, including the proposed bylaws for any homeowners' association.

The procedure for the review of a subdivision plan, if proposed, shall comply with the requirements of the Town's Subdivision Law,[3] except that such plans shall not be approved unless and until the TND site plan is approved if such subdivision involves the creation of separate building lots.

Editor's Note: See Ch. 120, Subdivision of Land.

Information on the proposed construction sequence for buildings.

A full environmental assessment form (EAF).

Project phasing. The purpose of this subsection is to ensure that growth in a TND occurs in an orderly and planned manner that allows time for preparation to maintain high quality services for an expanded residential population, while allowing a reasonable amount of additional residential growth during those preparations. This subsection will relate the timing of development in a TND to the Town's ability to accommodate the growth in population generated by such TNDs.

The regulations of this subsection shall apply to all applications for creation of a new dwelling unit or units in a TND. Dwelling units shall be considered as part of a single development, for purposes of development scheduling, if located either on a single parcel or contiguous parcels of land which have been in the same ownership at any time during the preceding five years.

The proposed sequence of phasing of the construction of infrastructure and buildings and the ratio of residential, retail and other nonresidential floor space to be built in each phase, estimated dates, and interim uses of property awaiting development shall be identified.

Once a development schedule is approved, building permits shall be issued in conformity with that schedule.

In determining phasing, the Planning Board shall be guided by the findings of the SEQR review of proposed developments which shall include an environmental assessment of traffic impacts, economic impacts, cumulative impacts including developments proposed in the Town and in surrounding communities, and other appropriate studies as determined necessary by the Planning Board. The Planning Board shall also be guided by the following criteria:

Ability of the Town to adequately serve the proposed development with streets, utilities, drainage, educational and protective services. TND developers remain responsible for ensuring that the water and sewer service needs of the TND are adequate and shall construct needed facilities or shall make a financial contribution to the construction of such facilities.

Provision of housing needs for diverse population groups. Special consideration may be given to the phasing schedule of developments that include TND apartments or are designated as affordable units.

Commitments already made in the development schedules for approved developments.

Site design that responds to, incorporates and protects natural features such as vegetation, topography, watercourses and views, or which is designed to respond to the character of the neighborhood.

Review procedures. The TND site plan shall identify the remaining procedures required for review of possible future phases if the plan does not contain adequate details for those phases under the initial review.

Amendments to TND site plans. Unless the approved TND site plan specifically provides differently, Planning Board approval shall be required for any proposed use or development that increases the amount, frequency or scale of a use over 5% of what was approved. Examples include the number of employees, number of dwelling units, increase in floor area, or the number of vehicle trips or parking spaces. Supplemental SEQR review is required for amendments to the TND site plan. Where Planning Board review is not required, the Building Inspector may approve of such minor changes upon submission of an as-built survey.

Public hearing.

If an application for site plan review within the TND District requires subdivision plat approval by the Planning Board, the Board should hold a joint public hearing to consider both the site plan and subdivision, with the same notice and timing requirements as set forth for the approval of subdivision plats.

Once the Planning Board has received all necessary information and the public hearing has been closed, the Board shall follow the procedures outlined in the site plan/subdivision regulations in this chapter and the Town of Red Hook Subdivision Law.[4]

Editor's Note: See Ch. 120, Subdivision of Land.

Permitted units per acre.

Units per acre shall be calculated after subtracting wetlands and acreage subject to a conservation easement or other long-term easement that expressly prohibits development. The remaining lands shall be the net acreage.

The Planning Board's determination as to density shall be based on a certified survey of the parcel(s) and delineation of the subtracted land areas set forth above by a licensed land surveyor, and by a tabular presentation by the land surveyor of the gross site acreage and each of the subtracted land areas to determine the net acreage.

In the Residential Neighborhood Subdistrict and Commercial Center Subdistrict, permitted development shall be calculated in terms of housing equivalent units. Permitted development shall be one unit per net acre in the Residential Neighborhood Subdistrict east of U.S. Route 9, two units per net acre in the Residential Neighborhood Subdistrict west of U.S. Route 9, and six units per net acre per floor in the Commercial Center Subdistrict (see Table 1).

[Amended 7-10-2012 by L.L. No. 3-2012]

Development potential may be increased as shown in Table 1 through the Town of Red Hook's incentive zoning program, as outlined in § 143-49.2 of this chapter.

Table 1: Maximum Housing Equivalent Units Per Acre
	By Right	By Incentive Zoning
Residential Neighborhood Subdistrict east of U.S. Route 9	1 unit per net acre	TND House: 4 units per net acre All other dwelling unit types: 6 units per net acre
Residential Neighborhood Subdistrict west of U.S. Route 9	2 units per net acre	TND House: 4 units per net acre All other dwelling unit types: 6 units per net acre
Commercial Center Subdistrict	6 units per net acre per floor	8 units per net acre per floor

In the Commercial Center Subdistrict, housing equivalent units may be exchanged for other uses, as listed below. Housing equivalent units shall be exchanged for other uses at the following rate:

For lodging: two bedrooms for each housing equivalent unit per net acre.

For retail, service or office: 2,000 square feet gross floor area for each housing equivalent unit per net acre.

For educational and place of religious worship: the number of units exchanged shall be 2,000 square feet gross floor area for each housing equivalent unit per net acre, unless modified by the Planning Board based on the expected traffic and other impacts of the particular use.

To avoid overbuilding, a maximum of 300 total dwelling units may be constructed in the TND District. The Planning Board shall maintain a running total of the number of dwellings units constructed. This restriction shall not preclude construction of a single-family dwelling unit on any existing lot of record.

Ancillary dwelling units do not count toward the maximum unit per acre calculations or the maximum number of dwellings allowed in the TND District.

In the Office-Industrial Subdistrict, development potential shall be limited by the dimensional requirements of Table 3 in Subsection K.

Permitted uses and standards.

Commercial Center Subdistrict. The following shall be allowed within the Commercial Center Subdistrict of the TND District:

Permitted uses.

TND apartments located on upper floors of mixed-use buildings on main commercial streets.

TND house, TND cottage and TND townhouse on side streets only.

TND duplex designed with the appearance of a single-family home as illustrated in Figure 3[5] on side streets only.

Editor's Note: Figure 3 immediately follows Subsection H(2)(b) of this section.

Ancillary dwelling units as illustrated in Figure 4[6] on side streets only.

Editor's Note: Figure 4 immediately follows Subsection H(2)(b) of this section.

Retail, service and office uses scaled primarily to serve the day-to-day needs of the TND neighborhood and Town of Red Hook, including:

Stores and shops for the conduct of retail business.

Personal services, such as barbershops, hair salons, tailors, shoe repair and other similar small-scale service uses.

Offices, including business, professional and medical offices.

Banks.

[Amended 5-30-2018 by L.L. No. 3-2018]

[e]

Restaurants and other places serving food and beverages.

[Amended 5-30-2018 by L.L. No. 3-2018]

[f]

Health/recreation facilities.

[g]

Family day-care facilities as defined and regulated by § 390 of the New York State Social Services Law.

[h]

Satellite post office.

[i]

Food truck. Food trucks, subject to issuance of a valid food truck permit in accordance with Chapter 79 of the Town Code.

[Added 5-30-2018 by L.L. No. 3-2018]

Lodging facilities with a maximum of 16 bedrooms.

Civic spaces.

Places of religious worship.

Municipal parking lot.

Accessory uses and home occupations. Accessory uses and Class 1 home occupations are permitted in conformance with § 143-32, excluding outdoor display or storage for commercial uses with the exception of a retail business, which may be permitted to have a temporary display of store merchandise on its sidewalk frontage during business hours as long as such display does not occupy the sidewalk. Hosted STRs are permitted accessory uses, subject to the provisions of § 143-32.1 (Short-term rentals), and the receipt of an annual operating permit pursuant to Chapter 112 of the Code. Hosted STRs shall be exempt from site plan review. Un-hosted STRs are not permitted. Registered STRs are permitted only once per year subject to registration pursuant to Chapter 112 of the Code.[7]

[Amended 12-22-2021 by L.L. No. 6-2021]

Editor’s Note: Former Subsection H(1)(b), Special permitted uses, as amended, was repealed 5-30-2018 by L.L. No. 3-2018. This local law also provided for the redesignation of former Subsections H(1)(c) and (d) as Subsections H(1)(b) and (c), respectively.

Drive-in, drive-through or drive-in window businesses are prohibited.

[Amended 7-10-2012 by L.L. No. 3-2012; 5-30-2018 by L.L. No. 3-2018]

Formula businesses are prohibited.

[Added 5-30-2018 by L.L. No. 3-2018]

Residential Neighborhood Subdistrict. The following shall be allowed within the Residential Neighborhood Subdistrict of the TND District:

Permitted uses.

Dwellings. TND house, TND cottage, TND townhouse, TND duplex and TND apartment, all as defined in Subsection U. TND duplexes and detached buildings containing TND apartments shall be designed to resemble a TND house, as illustrated in Figure 3.

All developments other than those for fewer than 10 dwelling units must include a minimum residential housing mix of at least three of the above dwelling types. For at least three dwelling types, no one type can comprise less than 20% of the total units, unless the Planning Board determines that the development as a whole provides a reasonable mix of housing types and the project is consistent with the intent and design of the TND District.

[Amended 7-10-2012 by L.L. No. 3-2012]

Ancillary dwelling units as illustrated in Figure 4.

Civic spaces.

Accessory uses and home occupations. Accessory uses and Class 1 and Class 2 home occupations, which shall comply with §§ 143-32 and 143-69 of this chapter. Hosted STRs with a maximum of one bedroom are permitted accessory uses, subject to the provisions of § 143-32.1 (Short-term rentals), and the receipt of an annual operating permit pursuant to Chapter 112 of the Code. Hosted STRs shall be exempt from site plan review. Un-hosted STRs are not permitted. Registered STRs are permitted only once per year subject to registration pursuant to Chapter 112 of the Code.

[Amended 12-22-2021 by L.L. No. 6-2021]


Figure 3: Duplex (left) and Apartment Structures (right) Designed to Resemble Single-Family Homes

Figure 4: Ancillary Dwelling Unit Located Above a Garage

Office-Industrial Subdistrict. The following shall be allowed within the Office-Industrial Subdistrict of the TND District:

Permitted uses.

Conference center.

Laboratory.

Light industrial park, provided that:

No building, parking area or authorized outdoor storage of material, equipment or vehicles shall be located closer than 200 feet to any property line nor within 250 feet of any neighboring residence, and any such building, parking area or outdoor storage area shall be effectively screened by intervening landform and/or vegetation from neighboring properties and public rights-of-way; and

Subject to the following supplementary provisions of § 143-105E, F, G and H of this chapter.

Light manufacturing, provided that no building, parking area or authorized outdoor storage of material, equipment or vehicles shall be located closer than 200 feet to any property line nor within 250 feet of any neighboring residence, and any such building, parking area or outdoor storage area shall be effectively screened by intervening landform and/or vegetation from neighboring properties and public rights-of-way.

Lodging.

Office.

Office park, provided that not less than 40% of the total acreage within the office park shall be comprised of suitably landscaped and maintained open areas, and subject to the supplementary provisions of § 143-94 E, F, H, I and J of this chapter.

Medical care outpatient clinic.

Accessory uses.

Accessory uses, but excluding outdoor display or storage.

Accessory restaurant.

Food truck. Food trucks, subject to issuance of a valid food truck permit in accordance with Chapter 79 of the Town Code.

[Added 5-30-2018 by L.L. No. 3-2018]

Special permitted uses.

Bank.

Veterinarian's office.

Telecommunications tower.

Public or franchise utility station.

Civic spaces.

For developments of 20 or more dwelling units, certain places for public use shall be required for each neighborhood and designated on the TND master plan, if required, or TND site plan as civic spaces. A civic space is an open space area permanently dedicated for community use, or a site dedicated for a civic building such as a community center or an elementary school.

The permitted types of open spaces are greens, squares, playgrounds and trails as defined herein and as illustrated in Figures 5 to 7 below.

Figure 5: Green

Figure 6: Square

Figure 7: Playground

A minimum of 5% of the TND's gross acreage should be assigned to civic space. The Planning Board shall evaluate whether this acreage may be counted towards the Town's recreation requirement.

At least one main civic space shall be located in the Commercial Center of the TND District. The applicant should construct a meeting hall or a third place (i.e., a place for meeting and gathering between work and home) in proximity to the main civic space of the Commercial Center.

Civic building sites should be located within or adjacent to civic open spaces, or at the axial termination of significant streets.

A civic building's design and parking requirements shall be determined by the Planning Board based on the design standards (Subsection K) and parking standards (Subsection L) of this section, provided that the civic buildings shall be distinctive and appropriate to a role more important than the other buildings that constitute the fabric of the neighborhood.

The ongoing maintenance of the required civic space may be supported by a homeowners' association established by the developer under state law, or by such other method of ownership as approved by the Town Board.

Streetscape requirements.

Streets shall be designed as public spaces that encourage social interaction and that balance the needs of all users, including pedestrians, bicyclists and vehicular traffic, while providing access to lots and civic spaces. Streets shall consist of vehicular lanes and roadsides, as illustrated in Figure 8 below and as defined herein. The vehicular lanes provide the traffic and parking capacity. The roadside is the area between the lot line and the edge of the vehicular lanes. It includes sidewalks, tree lawns, street trees, streetlights and curbing.

Figure 8: Streetscape Design

Streets shall be designed for the desired design speed of the neighborhood through which they pass. Permitted street types and designs are as provided in the Town of Red Hook's Traditional Neighborhood Street Standards. The permitted street type shall be subject to Planning Board approval in consultation with the Highway Superintendent.

The Planning Board shall give consideration to the ratio of building height to setback in the design of the streetscape. For every foot of a building's height (measured from the average finished grade to the eave) there should be no more than six feet of space in front of it, and preferably less, as illustrated in Figure 9.

Figure 9: Streetscape Proportion

Pedestrian comfort shall be a primary consideration of the street. Design conflict between vehicular and pedestrian movement shall be decided in favor of the pedestrian.

Sidewalks shall be located on both sides of the street, shall be a minimum of four feet wide in a Residential Neighborhood and a minimum of five feet wide in the other subdistricts, and shall be ADA compliant.

The street network should be designed to define blocks whose perimeter does not exceed 2,400 linear feet in the Commercial Center Subdistrict and 3,000 linear feet in the Residential Neighborhood Subdistrict, measured as the sum of lot frontage lines. Longer blocks should have pedestrian passages.

All streets shall terminate at other streets, forming a network. Internal streets shall connect wherever possible to those on adjacent sites, or shall provide for potential connections to future developments. Culs-de-sac shall be permitted by waiver only when deemed to be unavoidable due to natural site conditions. Where culs-de-sac are deemed to be unavoidable, continuous pedestrian circulation shall be provided by connecting sidewalks that link the end of the cul-de-sac with the next street or civic space through the use of pedestrian passages or paths, where feasible.

To the greatest extent practical, streets shall either continue through an intersection, or terminate with a "T" intersection directly opposite the center of a nonresidential building, or a view into an open space area.

Lots shall front on a street, except that 20% of the lots within each neighborhood may front on a pedestrian passage, as illustrated in Figure 10 below.


Figure 10: Lots Facing Pedestrian Passages

Trails, if provided, shall connect to existing or proposed trails whenever possible.

The elements of the roadside, including sidewalks, tree lawns, street trees and streetlighting, shall be arranged as illustrated in Figure 8,[8] and shall be designed in accordance with the Town's Traditional Neighborhood Street Standards and the following:

The edge of the vehicular pavement shall be detailed as a raised curb drained by inlets to prevent parking on tree lawns and associated damage. In the Residential Neighborhood, frequent breaks in the curbline directing natural drainage to swales or rain gardens shall be permitted.

To provide a buffer between pedestrians on the sidewalk and traffic on the road, the tree lawn shall be located between the sidewalk and the street curb or pavement. Tree lawns should be a minimum of five feet wide.

To provide shade for parked cars and to buffer pedestrians from vehicles on the road, street trees shall be provided in the tree lawn, as provided in Subsection N, Landscaping standards.

The Planning Board may require streetlights. All lighting shall be consistent with the provisions of § 143-116E of this chapter.

Editor's Note: Figure 8 immediately follows Subsection J(1) of this section.

Where rear lanes or alleys are provided, they shall meet the following standards:

Lanes and alleys shall be treated as private streets and shall not be dedicated to the Town. They may be dedicated to a homeowners' association or as common easements across the rear portions of the lots subject to establishment of a common use and maintenance agreement.

Lighting for lanes and alleys shall be provided on backbuildings or on lighting poles and shall be fully shielded to prevent glare.

Lanes may be paved lightly to driveway standards, with drainage by inverted crown at the center and by percolation. They shall have gravel or landscaped edges with no raised curb. Street trees shall be planted in the tree lawn next to the lane or in rear yards of lots, and shall be spaced as specified in Subsection N(6) herein. Pavement width shall be 12 feet as illustrated in Figure 11.

Figure 11: Rear Lane

Alleys should be paved to street standards, with drainage by inverted crown at the center or with roll curbs at the edges. Pavement width shall be 14 feet.

Design standards. The design standards regulate the aspects of private buildings that affect the public realm, such as building disposition, lot dimensions and private frontage types.

Buildings and landscaping should contribute to the physical definition of the street as a public space.

Subject to the setback provisions of Subsection K(5) below, building disposition in the Residential Neighborhood and Commercial Center subdistricts shall be either edge yard, side yard or rear yard as defined herein and as illustrated in Figure 12 below.

	Figure 12: Appropriate Building Types
	Edge-yard: A building that occupies the center of its lot with setbacks on all sides. The front yard sets it back from the frontage and is intended to be visually continuous with the yards of adjacent buildings. The rear yard can be secured for privacy by fences and a connecting building and/or backbuilding.
	Side-yard: A building that occupies one side of the lot with the setback to the other side. The visual opening of the side yard on the street frontage causes this building type to appear freestanding. This type permits climatic orientation in response to the sun or the wind.
	Rear-yard: A building that occupies the full frontage, leaving the rear of the lot as the sole yard. The continuous facade steadily defines the public thoroughfare. The rear elevations may be articulated for functional purposes. In its residential form, this type is the rowhouse. For its commercial form, the rear yard can accommodate substantial parking.

Facades shall be built parallel to the principal frontage line or parallel to the tangent of a curved principal frontage line.

Buildings shall define the public realm of the street through the use of consistent setbacks along the build-to line that shall establish the front yard setback for each block. The function of the build-to line is to spatially define the street as an outdoor room and to define the border between the public space of the street and the private realm of the individual lot. The build-to line shall be generally continued across side yard setback areas between buildings by using landscaping. The streetscape shall also be reinforced by lines of closely planted shade trees, and may be further reinforced by walls, hedges or fences which define front yards. Lots fronting on more than one street shall have a build-to line along each of the streets on which the lot fronts. In the case of an infill lot, setbacks shall match the predominant build-to line on the existing street.

Lots shall be generally dimensioned as shown graphically on the illustrative sketch plans (Figures 1 and 2[9]) and shall be platted or replatted according to the standards in Table 2 (Residential Neighborhood and Commercial Center Subdistricts) and Table 3 (Office-Industrial Subdistrict) below. Development within the TND that occurs at the by-right level (i.e., one unit per net acre in the Residential Neighborhood Subdistrict and three units per net acre in the Commercial Center Subdistrict) shall be sited on the lot(s) so that long-term development of the site as shown on the illustrative sketch plans is not precluded, as shown in Figure 13.

Large lot with building poorly sited for future subdivision	Large lot with building well-sited for future subdivision
Figure 13: Building Siting at By-Right Level

Table 2: Dimensional Requirements for the Residential Neighborhood and Commercial Center Subdistricts [Amended 7-10-2012 by L.L. No. 3-2012; 5-14-2013 by L.L. No. 4-2013]
		By Right	By Incentive Zoning
Lot width		95 feet minimum	22 feet minimum, 70 feet maximum¹
Building setbacks:
	Front	2 feet minimum, 18 feet maximum — Residential Neighborhood	2 feet minimum, 18 feet maximum — Residential Neighborhood
		0 feet (from sidewalk) minimum, 18 feet maximum — Commercial Center	0 feet (from sidewalk) minimum, 18 feet maximum — Commercial Center
	Side	6 feet minimum² — Residential Neighborhood	6 feet minimum² — Residential Neighborhood
		0 feet minimum — Commercial Center	0 feet minimum — Commercial Center
	Rear (principal building)	20 feet minimum	20 feet minimum
	Rear (backbuilding)	3 feet minimum if no rear lane or alley, or 12 feet from center line of lane or alley	3 feet minimum if no rear lane or alley, or 12 feet from center line of lane or alley
Maximum lot coverage		35% — Residential Neighborhood Subdistrict 65% — Commercial Center Subdistrict	45% — Residential Neighborhood Subdistrict³ 85% — Commercial Center Subdistrict
Maximum building coverage		12% — Residential Neighborhood Subdistrict 30% — Commercial Center Subdistrict	14% — Residential Neighborhood Subdistrict⁴ 65% — Commercial Center Subdistrict
Maximum building height, principal buildings		2 stories	2 stories — Residential Neighborhood Subdistrict
			3 stories — Commercial Center Subdistrict
Maximum building height, backbuildings:		25 feet and 2 stories	25 feet and 2 stories
Maximum building height, connecting buildings		14 feet and 1 story	14 feet and 1 story

	NOTES:
	¹	When incentive units are proposed as part of the TND, the Planning Board may approve a narrower lot width for by-right lots when such an approval would result in a design that better conforms with the purpose of the TND District to provide compact, walkable neighborhoods.
	²	The Planning Board may approve a zero-foot side yard. However, for side-yard building types, the minimum distance between buildings shall be six feet.
	³	When incentive units are proposed as part of the TND, the Planning Board may approve a lot layout wherein the maximum forty-five-percent lot coverage applies cumulatively to the net acreage of the parent parcel when such approval would result in a design that better conforms with the purpose of the TND District to provide compact, walkable neighborhoods.
	⁴	When incentive units are proposed as part of the TND, the Planning Board may approve a lot layout wherein the maximum fourteen-percent building coverage applies cumulatively to the net acreage of the parent parcel when such approval would result in a design that better conforms with the purpose of the TND District to provide compact, walkable neighborhoods.

Table 3: Dimensional Requirements for the Office-Industrial Subdistrict
Lot width:		100 feet minimum
Minimum yards:*
	Front	From Hannaford Drive and any street interior to the property: 25 feet minimum From U.S. Route 9: 200 feet minimum
	Side	50 feet minimum
	Rear	50 feet minimum
Maximum lot coverage:		45%
Maximum building coverage:		20%
Maximum building height — principal buildings:		The maximum height of a building located 200 feet from U.S. Route 9 shall be 28 feet. Buildings taller than 28 feet shall be allowed, up to a maximum of 3 stories or 45 feet, as long as they are set back an additional 8 feet for every additional one foot in height. For example, a building that is 30 feet in height shall be set back 216 feet from U.S. Route 9.
Maximum building height — backbuildings:		25 feet and 2 stories
Maximum building height — connecting buildings:		14 feet and 1 story

	NOTES:
	*	Required minimum setback for principal buildings, backbuildings and connecting buildings, off-street parking spaces and related accessways.

Editor's Note: Figures 1 and 2 immediately follow Subsection C(2) of this section.

A minimum of two stories is required for buildings in the Commercial Center Subdistrict. However, larger-scale single-use facilities (conference spaces, theaters, supermarkets or department stores, for example) may be one-story with a two-story facade; such facilities shall be located behind smaller-scale buildings or storefronts with pedestrian orientation. The first story of buildings shall have a minimum height of 14 feet, measured from finished floor to finished floor. The Planning Board is authorized to assign a maximum story height.

Backbuildings and connecting buildings shall be clearly incidental to the principal building.

Buildings shall have their principal pedestrian entrances on a frontage line.

Private frontages are permitted as shown in Figure 14 below.

Figure 14: Private Frontage Types
		Section	Plan	Neighborhood
a.	Porch and Fence: Here the facade is set back from the frontage line with an attached porch. A fence at the frontage line demarks the yard. The porches should be no less than 8 feet deep.			Residential
b.	Forecourt: Here the facade is close to the frontage line and the central portion is set back. The forecourt created is suitable for vehicle drop-offs. This type should be allocated in conjunction with other frontage types. Large trees within the forecourts may overhang the sidewalks.			Residential Commercial Center
c.	Stoop: Here the facade is aligned close to the frontage line with the first story elevated from the sidewalk to secure privacy. The entrance is usually an exterior stair and landing. This type is recommended for ground-floor residential use.			Residential Commercial Center
d.	Shopfront and Awning: Here the facade is aligned close to the frontage line with the building entrance at sidewalk grade. This type is conventional for retail use. It has a substantial glazing on the sidewalk level and an awning that may overlap the sidewalk to the maximum extent possible.			Commercial Center
e.	Deep Setback: Here the facade is set back substantially from the frontage line. The deep setback provides visual screening from the roadway.			Office-Industrial

Additional requirements specific to mixed-use buildings in the Commercial Center Subdistrict:

Facades shall be built along a minimum of 70% of the length of the principal frontage line. In the absence of a building along the remainder of the frontage line, a streetscreen shall be built or installed on the same plane with the facade.

Buildings shall be designed for multiple uses, with the first story limited to commercial uses on main commercial streets as defined herein. The second and third stories may be occupied by residential, commercial or office uses.

Additional requirements specific to the Residential Neighborhood Subdistrict:

One principal building at the frontage, and one garage or backbuilding to the rear of it, may be built on each lot. Lots with side yards that face a street may additionally be permitted one connecting building to reinforce the streetwall, as illustrated in Figure 15 below.


	1. Principal Building 2. Connecting Building 3. Garage or Backbuilding
Figure 15: Building Disposition

A variety of lot sizes should be provided, as illustrated in Figure 16, to eliminate the appearance of a standardized subdivision and to facilitate housing diversity and choice that meets the projected requirements of people with different housing needs. Lot widths should create a relatively symmetrical street cross section that reinforces the street as a unified public space.

Figure 16: Lot Size Variety

Parking standards.

Each use, including a change or expansion of a use, shall provide parking areas in compliance with this section. Off-street parking facilities shall be designed in accordance with the requirements of § 143-26 of this chapter, and shall be subject to the following special standards for the TND District:

The following minimum standards shall apply:

	Use	Minimum Off-Street Parking Spaces
	Single-family dwelling	2 for each dwelling unit
	Ancillary dwelling units	1 for each dwelling unit
	All other residential uses	1 1/2 for each dwelling unit with one bedroom; 2 for each dwelling unit with two or more bedrooms
	Retail/service	4 for each 1,000 square feet of gross floor area
	Restaurant	6 for each 1,000 square feet of gross floor area
	Office	3 for each 1,000 square feet of gross floor area
	Lodging	1 for each bedroom; if food service is provided, the area allocated for food service shall be calculated and provided with parking according to restaurant use, adjusted per the shared parking factor of Figure 17[10]
	Light manufacturing	As per § 143-26 of this chapter
	Medical care outpatient clinic	3 for each professional, plus 1 for each other employee
	Civic uses	2 for each 1,000 square feet of gross floor area unless otherwise determined by the Planning Board taking into account design use

[10]

Editor's Note: Figure 17 immediately follows Subsection L(2)(a) of this section.

To minimize the amount of impervious surfaces, on-street parking available along the frontage lines that correspond to each lot in the Commercial Center Subdistrict may be applied toward the minimum parking requirement of the building on the lot.

On-street parking shall be permitted in the Residential Subdistrict but shall not be applied toward the minimum parking requirement of uses in the district.

Maximum parking ratios may be established by the Planning Board based on environmental impacts.

Additional requirements specific to the Commercial Center and Office-Industrial subdistricts:

Parking available for two dissimilar uses within any pair of adjacent blocks may be shared. Shared parking is calculated by adding the total number of spaces required by each separate use and dividing the total by the appropriate shared parking factor from Figure 17. For example, if a residential use requires 10 parking spaces, and an office use requires 12 spaces, independently they would require 22 spaces. But when divided by the sharing factor of 1.4, they would require only 16 parking spaces. For the purpose of determining the shared parking factor, the retail function shall include service and restaurant uses.

Figure 17: Shared Parking Factors

All off-street parking areas shall be located in the third lot layer, as illustrated in Figure 18, and shall be screened from view from a secondary frontage by a streetscreen or appropriate landscaping as determined by the Planning Board.

Figure 18: Lot Layers

Off-street parking should be accessed from a rear lane or alley or side street.

Pedestrian access to all parking lots should be directly from a frontage line by means of a pedestrian passage.

A bicycle rack should be provided where appropriate.

Additional requirements specific to the Residential Neighborhood Subdistrict:

All garages shall be located in the third layer, as illustrated in Figure 18.

Parking shall be permitted in a driveway in the second or third layer. A driveway in the second layer may be used for parking if it is no more than 12 feet wide.

Architectural standards.

To ensure that buildings enhance the local sense of place, buildings shall be either traditional in their architectural character, or be a contemporary expression of traditional styles and forms respecting the scale, proportion, character and materials of historic village structures. Franchise architecture shall be prohibited.

To affirm the continuity and evolution of society, existing buildings, if determined to be historic or architecturally significant by the Town Board, shall be protected from demolition or encroachment by incompatible structures or landscape development. The United States Secretary of the Interior's Standards for Rehabilitation of Historic Properties shall be used as the criteria for renovating historic or architecturally significant buildings.

A variety of architectural features and building materials is required to give each building or group of buildings a distinct character.

Buildings of 40 feet or more in width along a frontage shall be visually divided into smaller increments to reduce their apparent size and contribute to a human-scale development. The mass of these buildings shall be deemphasized in a variety of ways through architectural details such as divisions or breaks in materials, window bays, separate entrances and entry treatments, variation in roof lines, awnings, or the use of sections that may project or be recessed up to 10 feet, as illustrated in Figure 19.


Figure 19: Articulated Shopfronts

The exterior finish materials on all facades shall be limited to natural building materials that age gracefully such as brick, stone, stucco, wood and wood shingles. Smooth finish fiber cement siding is also permitted if it faithfully simulates the natural material and has equal or better weathering characteristics. Balconies and porches shall be made of wood, wood composite and/or earth-based materials such as brick, stone, fiber cement siding and/or stucco. Railings shall be made of wood, wood composite or metal in the Residential Neighborhood Subdistrict and of metal in the Commercial Center Subdistrict. Vinyl shutters, plastic gutters or similar material should be avoided. A waiver from this standard shall be permitted for light manufacturing buildings in the Office-Industrial Subdistrict.

Buildings shall have sloped roofs, with the exception of rowhouses and nonresidential structures, which may have mansard roofs or flat roofs with articulated parapets and cornices; in such cases, parapets shall be a minimum of 42 inches high, or as required to conceal mechanical equipment to the satisfaction of the Planning Board. Sloped roofs shall have a minimum pitch of 9:12, except for porches and attached sheds, which may be no less than 2:12. Larger buildings may require a combination of roof types and pitches to break up the facade. Roofs should be covered in shingle (slate, wood and asphalt/fiberglass) or metal (such as standing seam) depending on the type of building.

All windows, with the exception of storefronts, shall be vertical in proportion. Multiple panes divided by muntins are encouraged, in accordance with the style of the building. True divided lights or simulated divided lights should be used rather than windows with snap-on grids. Mirrored, reflective or darkly tinted glass shall not be permitted.

Along frontages, doors that operate as sliders are prohibited and windows that operate as sliders are discouraged.

Front porches shall be no less than eight feet deep.

Fences, if provided, shall be located at the frontage line as illustrated in Figures 8 and 16,[11] and may be provided at lot lines. The maximum height of a fence in a front yard shall be three feet; corner lots shall be considered to have two front yards. The maximum height of a fence on the rear yard shall be six feet. Fences along a side yard shall have a maximum height of three feet from the frontage line to the building facade, and a maximum of six feet from the building facade to the rear yard line. Fences shall be installed with the finish side out, and shall not be made of chain link and should not be made of plastic or vinyl in areas where the maximum permitted fence height is three feet.

[11]

Editor's Note: Figures 8 and 16 immediately follow Subsections J(1) and K(11)(b) of this section, respectively.

Additional requirements specific to the Commercial Center:

The facades on retail frontages shall be detailed as storefronts and glazed no less than 70% of the sidewalk-level story, allowing views into and out of the interior to create visual interest at street level.

Shopfront design shall be based upon historic examples in the Village of Red Hook. Windows shall be distributed in a more or less even manner consistent with the rhythm of voids and solids of historic buildings, and shall have low sills and high lintels consistent with the window proportions of historic buildings. Doorways, windows and other openings in the facade shall be proportioned to reflect pedestrian scale and movement. Colonnades, arches and traditional canvas-like awnings without interior illumination are encouraged along street frontages.

Primary entries to shopfronts shall be emphasized through the use of architectural features such as roofs, recessions into the facade, pilasters or other details that express the importance of the entrance.

Facades of larger buildings shall be articulated to appear as multiple buildings, as illustrated in Figure 19.[12]

[12]

Editor's Note: Figure 19 immediately follows Subsection M(4) of this section.

All mechanical equipment, whether roof- or ground-mounted, shall be completely screened from contiguous properties and adjacent streets in a manner that is compatible with the architectural treatment of the principal building.

Restaurants and cafes. Restaurants shall be permitted to operate outdoor cafes on sidewalks, including areas within the public right-of-way and in courtyards, provided that pedestrian circulation and access to store entrances shall not be impaired. The following standards and guidelines are applicable to sidewalk cafes:

All outdoor dining shall be shown on a site plan submitted with the application.

To allow for pedestrian circulation, a minimum of eight feet of sidewalk along the curb leading to the entrance of the establishment shall be maintained free of tables and other encumbrances.

Planters, posts with ropes, railings or other removable enclosures are encouraged and shall be used as a way of defining areas occupied by the cafe.

Extended awnings, canopies or large umbrellas shall be permitted and located to provide shade. Colors shall complement building colors where the establishment is located.

No outdoor service bar shall be permitted. All food and beverages shall be dispensed from the interior of the restaurant.

All tables and chairs shall be movable. No permanent or fixed seating shall be permitted. No standing room service shall be permitted.

No outdoor music or sound amplified from the interior of the building shall be permitted.

Outdoor cafes shall be required to provide additional outdoor trash receptacles.

Tables, chairs, planters, trash receptacles and other elements of street furniture shall be compatible with the architectural character of the building where the establishment is located.

[10]

The operators of outdoor cafes shall be responsible for maintaining a clean, litter-free and well-kept appearance within and immediately adjacent to the area of their activities.

Landscaping standards.

The introduced landscape shall consist primarily of native species and hybrids of native species requiring minimal irrigation, fertilization and maintenance. Invasive species are prohibited.

All trees shall have a minimum caliper of 2 1/2 inches measured at breast height at time of planting.

Street trees shall be located in the tree lawn between the sidewalk and the street curb or pavement.

Multiple species of street trees of similar size and canopy shape shall be used on each street.

Street trees shall be hardy varieties, tolerant of soil compaction and salt, drought resistant and free of objectionable droppings such as seed pods. Appropriate species shall be recommended by the Town of Red Hook Tree Committee.

Street trees shall be planted closer together (20 feet to 30 feet on center) in areas with slow speed limits (15 miles per hour to 25 miles per hour) and farther apart (30 feet to 40 feet on center) in areas with higher speed limits (25 miles per hour to 35 miles per hour). The spacing may be adjusted to accommodate specific site conditions, such as building entrances, driveways and street corners, as well as by the species of trees planted.

Additional requirements specific to the Commercial Center Subdistrict:

Street trees shall be planted in a regularly spaced and aligned row, and shall be species with shade canopies at a height that, at maturity, is tall enough to frame the street but remains predominantly clear of building frontages.

Additional requirements specific to the Residential Neighborhood Subdistrict:

For "porch and fence" and "forecourt" frontage types (as illustrated in Figure 14[13]), a minimum of one tree shall be planted within the front yard of the lots for each 30 feet of frontage line.

[13]

Editor's Note: Figure 14 immediately follows Subsection K(9) of this section.

Additional requirements specific to the Office-Industrial Subdistrict:

A landscaped buffer a minimum of 200 feet to 335 feet in width, in accordance with the required front yard setback for the proposed building(s), shall be provided between the proposed development and U.S. Route 9. All structures and parking shall be effectively screened on a year-round basis from views from U.S. Route 9 through the preservation of existing vegetation and landforms, and by substantial new plantings.

Sign standards.

For each dwelling unit, one nonilluminated nameplate, professional sign or sign indicating a permitted home occupation, with an area of not over two square feet per face, shall be permitted.

To ensure that new residential development is integrated into the existing urban fabric, permanent signs identifying the name of a subdivision or development shall not be permitted.

In the Commercial Center Subdistrict:

Each building shall be limited to a total sign area of one square foot in area for every two linear feet of ground-floor street frontage occupied by an establishment, but not exceeding 30 square feet, for any sign parallel to and flat against the facade of a building or 15 square feet for any other sign.

No attached sign may extend more than six feet over the street right-of-way/property line.

Freestanding signs shall not be permitted where the building is set less than 20 feet back from the property line.

Projecting signs shall be not less than 7 1/2 feet from the ground. The top of a sign shall not exceed 12 feet in height.

Interior sign coverage shall not exceed 30% of the glass area or window in which it is displayed.

In the Office-Industrial Subdistrict signs shall be permitted as provided for in § 143-27D(5) and E of this chapter.

Any illuminated signs shall be lit externally from the top down with no glare for pedestrians or motorists. Internally illuminated signs and internally illuminated awnings that display signs are prohibited.

General ambient standards.

Proposed uses shall not have an adverse impact on the neighborhood due to hours of operation, noise or loitering.

The emission of smoke, gas, dust, odor or other atmospheric pollutant shall be reasonably minimized outside the building in which the use is conducted.

No use shall be permitted that presents physical hazard by reason of fire, explosion, radiation or any similar cause.

Utilities and services.

The developer shall provide all necessary water and sewer facilities (or make an equivalent monetary contribution towards water and sewer facilities), storm drainage, highway access, paved streets, sidewalks, pedestrian paths, street trees, parking and loading facilities, and lighting, making reasonable provision for utility service connections with adjoining properties in other ownership.

Management of on-site stormwater shall be in accordance with the Town of Red Hook stormwater management requirements or the New York State Stormwater Management Guidance Manual (as may be amended from time to time), whichever is more stringent.

Utility services shall be provided underground.

Plans for the collection, storage and disposal of refuse within any TND shall be subject to Planning Board approval as part of its review of site development plans. The outside storage of refuse, if permitted, shall be in rodentproof containers conveniently located and enclosed or otherwise screened from view.

Outdoor storage shall be screened from view from any frontage by a streetscreen or appropriate landscaping as determined by the Planning Board.

Proper access for fire-fighting equipment and personnel shall be provided. Hydrants shall be provided in such number and location and with such water supply and pressure as may be determined adequate by the Planning Board, based upon the recommendation of the Town Engineer and the Fire Department servicing the site.

Preexisting conditions.

Existing buildings that do not conform to the provisions of this section may continue in accordance with the provisions of Article VIII of this chapter.

Where buildings exist on adjacent lots, the Planning Board may require that a proposed building match one or the other of the adjacent setbacks rather than the provisions of this section.

Expiration of approval. Any site plan or subdivision plan approval for a TND shall expire if a building permit is not issued and construction begun within two years of the date of approval, except that the Planning Board may grant two extensions of six months each if requested by the applicant and if deemed in the public interest by the Planning Board.

Waivers.

Where the Planning Board finds that because of unusual circumstances of shape, topography or other physical features of the proposed TND project site or because of the nature of adjacent developments, extraordinary hardship would result from strict compliance with the site design standards in Subsections J through O, it may waive or modify the requirements of those subsections to mitigate the hardship so that substantial justice may be done and the public interest secured, provided that no such waiver shall be granted which will have the effect of nullifying the intent and purpose of the TND District.

The Planning Board may, in granting waivers or modifications to these site design standards, incorporate such reasonable conditions as will, in its judgment, substantially secure the objectives of the requirements so waived.

No waiver or modification may be deemed approved or granted by implication. All waivers and modifications must be expressly set forth in the minutes of the Planning Board.

Waivers shall be considered unique and shall not set precedent for others.

Definitions. Unless otherwise stated, the following terms shall, for the purposes of this § 143-49.1, have the meanings herein indicated:

ALLEY

A vehicular way located to the rear of lots providing access to service areas and parking for buildings that include nonresidential uses, and which may contain underground utility easements.

BACKBUILDING

An accessory building located towards the rear of the same lot as a principal building. It is sometimes connected to the principal building by a connecting building. Backbuildings shall not exceed 600 square feet of habitable space, excluding parking areas. See Figure 15.[14]

BLOCK

The sum of lots and rear lanes or alleys circumscribed by streets.

BUILDING DISPOSITION

The placement of a building on its lot.

BUILD-TO LINE

A line extending through a lot which is generally parallel to the street curb and which marks the location from which the principal vertical plane of the front building facade, exclusive of porches, bay windows and similar appurtenances, must be erected. Intended to create an even building facade line on a street, which enhances the street as a public space. Lots that front on more than one street shall have a build-to line along each of the streets on which the lot fronts. The build-to line is established on the final TND site plan and subdivision plat, if any.

CIVIC BUILDING

A building designed specifically for a civic function and open to all members of the public and generally operated by not-for-profit organizations dedicated to arts, culture, education, or for neighborhood meetings and recreation, whether a fee is charged or not, but excluding buildings belonging to a church or other places of religious worship.

CIVIC SPACE

An open space area permanently dedicated for public use, or a site dedicated for a civic building, such as a community center or an elementary school. Open space types are defined by the combination of certain physical constants including the relationship between their intended use, their size, their landscaping and their enfronting buildings. See Figures 5 through 7.[15]

COMMERCIAL CENTER

Streets containing a mix of uses, including a variety of retail shops and services that support the day-to-day needs of neighborhood residents, complemented by other compatible business, civic and residential uses in commercial-type buildings in a manner consistent with the downtown of the Village of Red Hook.

CONNECTING BUILDING

A single-story accessory building connecting a principal building to a backbuilding. See Figure 15.[16]

DESIGN SPEED

The velocity at which a street tends to be driven without the constraints of signage or enforcement. There are three ranges of speed: very low (below 20 miles per hour), low (20 to 25 miles per hour), and moderate (25 to 35 miles per hour). Road width is determined by desired design speed.

DISPOSITION

See "building disposition."

DWELLING UNIT, ANCILLARY

A dwelling unit not greater than 600 square feet in gross floor area sharing ownership and utility connections with a principal building. an ancillary dwelling unit may be located within the principal building or within a backbuilding. Ancillary dwelling units do not count toward permitted units per acre.

DWELLING UNITS, TND

TND APARTMENTA dwelling unit sharing a building and a lot with other dwellings or uses, and having a minimum size of 400 square feet of gross floor area and a maximum size of 1,200 square feet of gross floor area. The definition of "TND apartment" shall not include TND duplex and TND townhouse. TND apartments may be for rent or for sale.

TND COTTAGEA detached single-family dwelling unit that shall not exceed 1,500 square feet in gross floor area.

[Amended 4-14-2015 by L.L. No. 1-2015]

TND DUPLEXTwo dwelling units placed one on top of another or attached side by side and sharing one or more common walls.

TND HOUSEA detached single-family dwelling unit greater than 1,500 square feet in gross floor area.

[Amended 4-14-2015 by L.L. No. 1-2015]

TRADITIONAL NEIGHBORHOOD DEVELOPMENT (TND)

TND TOWNHOUSEA single-family dwelling unit constructed in a group of three or more attached units in which each unit extends from foundation to roof and with open space on at least two sides.

EDGE-YARD BUILDING

A building that has setbacks on all sides. See Figure 12.[17]

FACADE

The exterior wall of a building that is set along a frontage line.

FRANCHISE ARCHITECTURE

A building design that is trademarked, branded or easily identified with a particular chain or corporation and is generic in nature.

FRONTAGE LINE

Those lot lines that coincide with a roadside. Facades along frontage lines define the public realm.

GREEN

An open space available for unstructured recreation. A green may be spatially defined by landscaping rather than building frontages. Its landscaping shall consist of lawn and trees, naturally disposed. The minimum size shall be 1/4 acre and the maximum shall be six acres. See Figure 5.[18]

INFILL

A project within the existing urban fabric.

LANE

A vehicular way located to the rear of lots providing access to parking and backbuildings on residential lots and which may contain underground utility easements.

LAYER

A portion of a lot within which certain elements are permitted. See Figure 18.[19]

LODGING

Premises available for transient renting of bedrooms such as a hotel, motel or inn, but excluding a boardinghouse or rooming house as defined in § 143-4 of this chapter. The area allocated for food service shall be calculated and provided with parking according to retail use.

LOT LINE

The boundary that legally and geometrically demarcates a lot. Such lines appear graphically on site plans. Lot lines are the baseline for measuring setbacks.

LOT WIDTH

The length of the principal frontage line of a lot.

MAIN COMMERCIAL STREETS

The main commercial streets within the Commercial Center of the TND District shall include the Route 9 corridor (South Broadway), Hannaford Drive to the proposed east extension of Old Farm Road, and 600 feet east and west of Route 9 at the intersection of Old Farm Road.

MEETING HALL

A building available for public gatherings. It should accommodate at least one room equivalent to a minimum of 10 square feet per projected dwelling unit within the neighborhood in which the meeting hall is located. A meeting hall shall be completed upon the sale of 75% of the dwelling units. The meeting hall may be used for the marketing purposes of the development until the sale of 75% of the dwelling units, at which time control of its use shall be given to the homeowners' association.

PEDESTRIAN PASSAGE

A pedestrian connector passing between buildings, providing shortcuts through long blocks and connecting rear parking areas to building frontages. Passages should connect directly with the sidewalk network. Passages may be roofed over.

PLAYGROUND

A greenspace designed and equipped for the recreation of children. A playground shall be fenced and may include an open shelter. Playgrounds shall be interspersed within residential areas and may be placed within a block. Playgrounds may be included with greens and squares. There shall be no minimum size and the maximum shall be one acre. See Figure 7.[20]

PORCH

A roofed-over structure projecting out from the wall or walls of a main structure and often open to the weather.

PRIVATE FRONTAGE

The privately held layer between the frontage line and the principal building facade. The structures and landscaping within the private frontage may be held to specific standards. The variables of private frontage are the depth of the setback and the combination of architectural elements such as fences, stoops and porches. See Figures 8 and 16.[21]

REAR-YARD BUILDING

A building that occupies the full frontage line, leaving the rear of the lot as the sole yard. The continuous facade spatially defines the public realm of the street. For its residential function, this type yields a rowhouse. For its commercial function, the rear yard can accommodate substantial parking. See Figure 12.[22]

RETAIL

Premises available for the sale of merchandise and food service.

RETAIL FRONTAGE LINE

Frontage lines designated on a site plan that require the provision of a shopfront, causing the ground level to be available for retail use.

ROADSIDE

The public or commonly owned right-of-way adjacent to the paved portion of a street from the edge of the curb or pavement to the front property line of adjoining parcels, where sidewalks, tree lawns, street trees, streetlights and curbing are located.

SATELLITE POST OFFICE

An establishment offering limited postal services (such as selling stamps, weighing and processing regular and certified mail, registering priority and express mail) with limited hours of operation for the convenience of neighborhood residents.

SIDE STREETS

Side streets within the TND District include all streets, and portions of streets, that are not included in the definition of "main commercial streets."

SIDEWALK

The paved portion of the roadside dedicated to the use of pedestrians.

SIDE-YARD BUILDING

A building that occupies one side of the lot with a setback to the other side. See Figure 12.[23]

SQUARE

An open space area available for unstructured recreation and civic purposes. A square is spatially defined by building frontages and serves as a central focus for surrounding properties. Its landscape shall consist of paths, lawns and trees, formally disposed. Squares should be located at the intersection of important thoroughfares. The minimum size shall be 1/4 acre and the maximum shall be two acres. See Figure 6.[24]

STORY

A habitable level within a building. Basements that emerge less than two feet from finished grade, or attics not exceeding four feet at the knee-wall, are not considered stories for the purposes of determining permitted stories.

STREETSCAPE

The urban element that establishes the major part of the public realm. The streetscape is defined by elements such as neighboring buildings, pavement width, sidewalks, trees, lighting, signs, benches and other "furniture."

STREETSCREEN

An opaque, freestanding wall built along the frontage line, or coplanar with the facade, often for the purpose of masking a parking lot from the street. Streetscreens should be between 3 1/2 and six feet in height and constructed of a material matching the adjacent building facade. The streetscreen may be a hedge or fence by waiver. Streetscreens shall have openings no larger than is necessary to allow automobile and pedestrian access. In addition, all streetscreens over four feet high should be thirty-percent permeable or articulated to avoid blank walls.

TERMINATED VISTA

A location at the axial conclusion of a street.

THIRD PLACE

A place for meeting and gathering between work and home, such as a cafe, pub or bar.

TND LODGING

One or more structures where overnight accommodation is provided for transient occupancy for compensation but excluding a boardinghouse or rooming house as defined in § 143-4 of this chapter. The area allocated for food service shall be calculated and provided with parking according to retail use.

[Added 3-8-2016 by L.L. No. 1-2016]

TND SETBACK

The area of a lot measured from the lot line to a building facade or elevation. This area must be maintained clear of permanent structures with the exception of galleries, fences, garden walls, arcades, porches, stoops, balconies, bay windows, terraces and decks (that align with the first-story level), which are permitted to encroach into the TND setback.

A compact, pedestrian-oriented neighborhood with variable lot sizes, a variety of dwelling unit types and on-street parking, located within walking distance of a Commercial Center and encompassing a mixture of compatible land uses.

TREE LAWN

The area between the sidewalk and the street curb or that accommodates street trees and streetlights and which, in conjunction with cars parked along the road, serves to protect pedestrians on the sidewalk from vehicular traffic. Tree lawns should be a minimum of five feet in width.

[14]

Editor's Note: Figure 15 immediately follows Subsection K(11)(a) of this section.

[15]

Editor's Note: Figures 5 through 7 immediately follow Subsection I(2) of this section.

[16]

Editor's Note: Figure 15 immediately follows Subsection K(11)(a) of this section.

[17]

Editor's Note: Figure 12 immediately follows Subsection K(2) of this section.

[18]

Editor's Note: Figure 5 immediately follows Subsection I(2) of this section.

[19]

Editor's Note: Figure 18 immediately follows Subsection L(2)(b) of this section.

[20]

Editor's Note: Figure 7 immediately follows Subsection I(2) of this section.

[21]

Editor's Note: Figures 8 and 16 immediately follow Subsections J(1) and K(11)(b) of this section, respectively.

[22]

Editor's Note: Figure 12 immediately follows Subsection K(2) of this section.

[23]

Editor's Note: Figure 12 immediately follows Subsection K(2) of this section.

[24]

Editor's Note: Figure 6 immediately follows Subsection I(2) of this section.

§ 143-49.2 Open space incentive zoning.

[Added 7-12-2011 by L.L. No. 3-2011; amended 2-14-2017 by L.L. No. 3-2017]

Purpose and objectives.

The Town Board of the Town of Red Hook, consistent with § 261-b of the Town Law of the State of New York and the Town of Red Hook Comprehensive Plan, has determined that it is appropriate to make adjustments to permissible building potential and area requirements in the Traditional Neighborhood Development (TND) District for the specific purpose of preserving open space at a minimum cost to the residents and taxpayers of the Town and encouraging development of low- and moderate-income housing.

[Amended 2-14-2023 by L.L. No. 2-2023]

To achieve this intent, it is the purpose of this section to authorize the Planning Board to grant incentives to the private sector engaged in the land development process for the specific purpose of preserving open space, in accordance with the Town of Red Hook's Comprehensive Plan and in coordination with other community planning mechanisms or land use techniques.

This authority may be used by the Planning Board to assist in implementing the following objectives from the Town's Comprehensive Plan:

To protect farms and important farmland in the AB District.

To protect lands certified for inclusion in Dutchess County Agricultural District 20 by the New York State Department of Agriculture and Markets pursuant to the New York State Agricultural Districts Law and which are located in the AB District.

To protect highly valued ecological resources and environmentally sensitive areas in the AB District as identified in the Town's Open Space Plan.

To provide incentives for new development to locate within the TND District.

To allow for village-scale commercial and residential development within the TND District to reinforce the traditional land use pattern of a close-knit mix of uses surrounded by the rural countryside.

Applicability. This section applies only to the following zoning districts: AB District and TND District, as shown on the Town of Red Hook Zoning Map.[1]

Editor's Note: The Zoning Map is included as an attachment to this chapter.

Definitions. For the purpose of this section, the terms used are defined as follows:

[Amended 2-14-2023 by L.L. No. 2-2023]

COMMUNITY BENEFITS

Open spaces, including important farmland and other open space lands that have ecological, economic or aesthetic benefit to the residents of the community, or an equivalent cash payment as outlined in Subsection E below.

INCENTIVES

Adjustments to the permissible building potential and area requirements of this chapter in exchange for a specific community benefit accepted by the Planning Board.

INCENTIVE ZONING

The system by which specific incentives are granted, pursuant to § 261-b of the Town Law of the State of New York and the provisions of this section, on condition that specific community benefits would inure to the Town.

OPEN SPACE AREAS

Parcels located within the AB District and other parcels meeting the criteria set forth in § 143-39.1B(2) as approved by the Town Board; provided that such parcels have been included as eligible for acquisition pursuant to an approved community preservation plan.

Permitted incentives. The Planning Board may grant the following specific incentives in accordance with the procedures set forth in this section:

Decreases in single-family dwelling unit lot sizes below what is permitted as-of-right within the TND District.

Increases in commercial (office, retail, service, as defined in § 143-49.1 of this chapter) density beyond what is permitted as-of-right within the TND District.

Increases in building potential for two-family, rowhouse, multifamily and apartments in upper floors of mixed-use buildings beyond what is permitted as-of-right within the TND District.

Community benefits.

[Amended 2-14-2023 by L.L. No. 2-2023]

The following community benefits may, at the discretion of the Planning Board, be accepted in exchange for an incentive as provided in Subsection D, Permitted incentives, above. These community benefits shall only be located within open space areas and may involve one or more parcels of land.

Permanent conservation easements in accordance with § 143-33E and § 120-21C of the Town Code. Said conservation easement shall not be on lands that have been, or are proposed to be, part of a conservation subdivision. Proof of perpetuity (signed purchase contract or easement title) is required in writing, to the Town of Red Hook Planning Board, prior to approval of a site plan or subdivision plan which includes an open space incentive zoning proposal.

Permanent protection of land in fee simple. Proof of perpetuity (executed purchase contract or transfer of ownership of title to a public entity or not-for-profit conservation organization as defined in § 49-0303 of the New York State Environmental Conservation Law) is required in writing, to the Town of Red Hook Planning Board, prior to approval of a site plan or subdivision plan which includes an open space incentive zoning proposal.

Cash in accordance with Subsection F, Special conditions, below, paid to the Town of Red Hook's dedicated incentive zoning reserve fund for utilization by the Town i) for the permanent protection of open space in the open space areas, and ii) for low- and moderate-income housing projects in the Town including the villages. The required total cash or, if the average benefit is applicable, the first installment, must be unconditionally paid to the Town for deposit in the Town's dedicated incentive zoning reserve fund prior to the earlier of the following:

Where the project requires approval of a subdivision plat, the date of the signing of the subdivision plat by the Planning Board Chair authorizing filing of the plat in the Dutchess County Clerk's office, or, where the plat is to be filed in sections, the signing of the relevant section plat for filing in the Dutchess County Clerk's office;

Where the project does not require approval of a subdivision plat, the date of the Planning Board Chair's signature of the final site plan drawings or each phase of a phased master plan; and

For the avoidance of doubt, in any event not later than the issuance of a building permit or certificate of occupancy. Subsection F(2)(c) governs the procedure for such payments.

Any combination of the above-listed community benefits.

These community benefits will be in addition to any other mandated requirements pursuant to other provisions of the Town of Red Hook Code and any other applicable law or regulation.

Special conditions.

All proposed community benefits to be provided by the applicant, other than cash, must show a demonstrable ecological, economic, agricultural or aesthetic benefit to the open space areas.

[Amended 2-14-2023 by L.L. No. 2-2023]

The Planning Board shall be authorized to grant incentives only in accordance with the following conditions:

Determination of incentive.

The incentive granted shall be based on the development potential of the buildable acreage and, as described in the table below, as determined by the Planning Board. Buildable acreage shall be determined based upon § 143-23 of this chapter.

Determination of Community Benefit Required for Incentives
Development	Development Increase	Benefit Required
TND house, TND townhouse, TND cottage, TND duplex, TND apartment	1 dwelling unit	3 acres buildable acreage or $20,000
Office/retail/service	2,000 square feet of gross floor area	2 acres buildable acreage or $15,000

Increases will be granted in increments according to the table above and shall not exceed the permitted increase over the original base zoning of the incentive site as stipulated in § 143-49.1 of this chapter.

For example, a project that is seeking a density increase of 2,000 square feet of office, 2,000 square feet of retail space, and two TND houses beyond the base zoning would be required to conserve 10 acres of buildable acreage in the AB District. Alternatively, an equivalent fee could be paid to the Town of Red Hook's dedicated open space fund.

Yearly adjustments of required community benefit cash payment.

[Amended 2-14-2023 by L.L. No. 2-2023]

The dollar amounts referred to in the table in Subsection F(2)(a)[1] above are to be automatically adjusted annually by the actual percent changes to the median sales price of residential real property in Dutchess County, as last determined by the Office of Real Property Services pursuant to § 425 of the Real Property Tax Law, from the base year median of $279,000 for 2011. The Town Clerk will maintain a record of such median sales prices, and such record shall be determinative for purposes of this section. The community benefit shall be calculated based on the dollar amount in effect on the payment date referred to in § 143-49.2E(1)(c), provided that in the case of installment payments if the date on which an installment is paid is more than 30 days before plat signing, the amount due shall be computed taking into account any increase in the median sales price adjustment.

For example, if as of June 1 of the year a plat is approved and signed, the median Dutchess County house price is $260,000, the adjusted base fee for that year would be decreased by 6.81% ($20,000 x 260,000 / 279,000 = $18,637.99). If the plat is for 20 units of which three are incentive units, the total community benefit would be $55,913.97 (3 x $18,637.99).

Procedure for payment in subdivisions filed in sections.

Average community benefit method.

Where a subdivision is to be filed in sections pursuant to § 120-11G of the Town Code, an application for incentives may include an election to pay the community benefit cash payment in installments at the time that each section plat is signed by the Planning Board Chair. In the case of a phased site plan where subdivision is not required, an application for incentives may include an election to pay the community benefit cash payment in installments at the time each site plan phase is signed by the Planning Board Chair, provided that each installment shall be for not less than 10 units. In each such case, the Planning Board shall determine the average community benefit per unit, calculated by dividing the total community benefit approved by the Planning Board for the project by the total number of units in the project (including incentive units). The average community benefit shall be recalculated at the time of payment of each installment based on the community benefit cash payment then in effect, as adjusted annually pursuant to Subsection F(2)(b) above. Each installment shall be in the amount of the average community benefit times the total number of new units being created in the section plat to be signed or new units approved in the site plan phase to be signed, as applicable. The section plat or master site plan shall include a blank for notation by the Planning Board Chair of the units with respect to which the average community benefit has been paid. The Town Clerk and the Building Department shall maintain a record of the units with respect to which the average community benefit has been paid.

Examples. The following examples are provided for illustrative purposes.

[i]

Example I: A project has 75 units, of which 20 are incentive units. Assuming the plat is filed in the same year as the example in Subsection F(2)(b)[2] above, the community benefit to be paid would be 20 incentive units x $18.637.99 per incentive unit = $372,759.80, and the average community benefit would be computed as $372,759.80 / 75 total units = $4,970.13 per unit. The payment due for the first plat section would be calculated based upon the total number of new units in the section plat. If the first section has 25 units, the incentive benefit would be $124,253.25 ($4,970.13 x 25).

[ii]

Example II: Assume the same as Example I, except that as of July 1 in the following year when the second section plat is filed, the Dutchess County median house price is $300,000. The adjusted per-unit average community benefit payable at the time the second section is filed would be $300,000 / 279/000 x $20,000 = $21,505.38 x 20 incentive units / 75 total units = $5,734.77. If the second section plat proposed for signature of the Planning Board Chair for filing in the Dutchess County Clerk's office is for a total of 10 new units, the second installment, payable prior to the Chairman's signing of the second section plat, would be $57,347.70 (10 x $5,734.77). Further payments would be calculated based upon the dollar amount of the incentive benefit in effect at the time of payment, times the total number of new units in the plat section.

Criteria and procedure for approval.

Optional preapplication review. It is recommended that the applicant meet informally with Town planning staff prior to completion of an application for incentive zoning for purposes of gathering information for the proposed benefit/incentive exchange. The applicant is advised to review the Comprehensive Plan and any other materials the Town may have on file regarding the open space incentive zoning program.

Applications requesting incentives in exchange for providing community benefits shall be submitted to the Planning Board and shall be submitted simultaneously with an application for subdivision and/or site plan. The application shall include the following information:

The requested incentive.

The proposed community benefit.

If the community benefit outlined in Subsection E(1)(a) or E(l)(b) is proposed:

The location of the proposed conservation site shall be demonstrated. The proposed conservation site shall be located in the open space area.

[Amended 2-14-2023 by L.L. No. 2-2023]

The site's buildable and unbuildable acreage shall be calculated and mapped in accordance with § 143-23 of this chapter, and submitted as part of the application.

The base density calculation that is the basis for the proposed exchange for incentives shall be provided.

The conservation site proposed for permanent protection shall include the required buildable acreage and may include areas of unbuildable natural features. Any proposed subdivision of land related to the efforts to obtain control of land for the incentive zoning proposal must be approved by the Planning Board as applicable.

If the community benefit outlined in Subsection E(1)(c) is proposed, the estimated total cash value of the proposed community benefit and whether an average community benefit will have to be calculated based upon the filing of a subdivision plat in sections.

A narrative which demonstrates the following:

Consistency with the generic environmental impact statement (GEIS) for the Town of Red Hook Local Law No. 3 of the Year 2011 and with § 143-49.1 F(4) of this chapter. If the proposal exceeds any of the analysis of the GEIS, a supplemental environmental review shall be required that demonstrates that there are adequate sewer, water, transportation, waste disposal and fire protection facilities, available or proposed, to accommodate the additional demands the incentive may place on these facilities beyond the demand that would be placed on them if the proposed development parcels in the TND District were developed to their fullest base development potential.

That all conditions and other applicable requirements of the law are met.

A full environmental assessment form.

Any other information or support materials as needed or requested by the Planning Board.

Review by Planning Board. The Planning Board may engage a consultant to assist in review of the application, the cost of which shall be borne by the applicant in accordance with Chapter 70 of the Town Code. When required by § 239 of the General Municipal Law, the application shall be forwarded to the Dutchess County Department of Planning and Development for its review. The Planning Board may also refer the application to other local and county officials, representatives of federal and state agencies and consultants as deemed appropriate. Suggested modifications to the proposal in order to achieve consistency with the purposes and objectives of this section may also be provided by the Planning Board to the applicant.

Compliance with SEQR. Every decision by the Planning Board concerning an application for use of incentive zoning on a particular project shall fully comply with the provisions of SEQR.

Public hearing. Prior to its final decision the Planning Board shall conduct a public hearing on the application. The public hearing on the incentive zoning application should be conducted in conjunction with the application for site plan and subdivision plat approval for the proposed TND project. The public hearing should preferably be conducted in conjunction with any public hearing required under SEQR. At least five days' notice of the time and place of the hearing shall be published in the official newspaper of the Town.

Findings and final decision.

Following the public hearing and completion of the SEQR process, the Planning Board may approve, approve with modifications or conditions, or deny the proposed incentive zoning application. The basis for the Planning Board's decision shall be reflected in the record. The record shall include, but not be limited to, the following:

SEQR documentation: that all requirements of SEQR have been met, i.e., either a determination by the lead agency that the proposed project is not likely to have a significant adverse impact on the environment (negative declaration), or the filing of a SEQR findings statement.

Development capacity: that the proposed project, including the incentive, can be adequately supported by the public facilities available or provided as a result of the project, including but not limited to sewer, water, transportation, waste disposal and fire protection.

Public benefit: that the community benefit provided by the applicant is commensurate with the incentive granted by the Planning Board.

Project quality: that the project is in harmony with the stated objectives of this section and will promote the purposes herein, and that the project is sufficiently advantageous to render it appropriate for grant of an incentive.

The Planning Board may impose conditions on a project to ensure that the above findings are ensured through the subsequent plan review and construction phases of the project.

Where a plat is to be filed in sections, the approval of incentives shall be subject to the following requirements, which shall be deemed included in the Planning Board's resolution of approval:

Where payment of an average community benefit per unit is approved, the project owner shall file a copy of the Planning Board resolution with the Town Clerk together with the appropriate incentive cash installment, so that the Town Clerk can verify to the Planning Board that the required installment has been made prior to the signature of that plat section by the Planning Board Chair.

The overall subdivision plat which is filed with the Town Clerk, pursuant to which section plats will be signed, and, where applicable, the final section site plan signed by the Chair, shall each contain a note, in form satisfactory to the Attorney for the Town, to the effect that the subdivision plat is subject to the incentive benefit payment provisions of the Town Code, and the applicable installment must be paid prior to the signing of any individual plat section for purposes of filing in the Dutchess County Clerk's office, such installment to be calculated and paid in the amount in effect at the time of payment in accordance with § 143-49.2 of the Zoning Code.

Required modifications during subdivision/site plan approval. If in the subdivision or site plan review process the Planning Board determines that certain elements of the application for a zoning incentive, as it has been approved by the Planning Board, are not feasible and are in need of modification, the applicant shall present a proposed solution. The Planning Board shall then determine whether or not the modified plan is still in keeping with the intent of the incentive zoning resolution and the conditions of this § 143-49.2. If the project is resubdivided or the plat amended, the Planning Board shall recompute the amount of total dwelling units and total incentive units to be taken into account with respect to the amended plat, and the plat shall be so noted prior to filing of any resubdivided or amended plat, or section thereof, with proper credit being given for any incentive payments already made relating to the project.

§ 143-49.3 Development within the Hamlet Business (HB) District.

[Added 5-30-2018 by L.L. No. 3-2018]

Purposes. In conformance with the Town of Red Hook Comprehensive Plan, the purposes of the Hamlet Business (HB) District are as follows:

To permit a variety of conveniently located retail, service, and office uses that are scaled to serve the day-to-day needs of local residents and do not generate significant traffic.

To provide small-scale lodging facilities that support the tourism industry in the Town.

To enhance the quality of the built environment and promote site layout and building design compatible with the setting, scale and architecture of the historic Hamlet of Upper Red Hook.

To promote orderly, attractive development of business clusters accessed by a limited number of curb cuts along Route 9 in order to minimize conflicts with through traffic and conserve the capacity of the roadway without the need for road widening. Curb cuts are to be minimized by encouraging vehicular and pedestrian linkages between business establishments on adjacent parcels.

To ensure that building size, building height, and lot coverage promote a scale and quality of new development that is architecturally compatible with the historic character of the Hamlet of Upper Red Hook.

To ensure that commercial uses are buffered from adjacent residential parcels with attractive landscaping.

Site plan and special permit design standards. The following design standards shall apply to all uses that require site plan and/or special use permit approval in the HB District and shall be in addition to the site plan design criteria found in § 143-116 and other requirements of the Town Code. In the event of any conflict, the provisions of this section shall take precedence over other sections of the Town Code.

The principal building on the site shall be located toward the front of the lot.

Parking shall be located to the side or rear of the principal building. No parking in a front yard shall be permitted.

In order to encourage safe and convenient traffic circulation, the Planning Board may require the interconnection of parking lots via access drives within and between adjacent parcels. The Planning Board shall require written assurances and/or deed restrictions, satisfactory to the Town Attorney, binding the owner and his/her heirs and assignees to permit and maintain such internal access and circulation and interuse of parking facilities.

Driveways shall be shared with adjacent parcels whenever possible. Driveways should be placed at the edge of parcels to facilitate shared access points and reduce repetitive curb cuts. Curb cuts should be limited to one per parcel.

Facilities for pedestrians, such as sidewalks and walking paths, to facilitate pedestrian movement may be required within the site and to adjacent parcels where deemed appropriate by the Planning Board.

Existing vegetation shall be preserved as much as possible by minimizing clearing and grading in new developments. Existing large trees and other features, such as stone walls, shall be incorporated into the proposed site design to the maximum extent practicable.

Not less than 70% of the area between the front facade of the principal building and the public right-of-way shall be maintained with a combination of natural lawn, shrubs, trees and other plant materials and related ground covers. This area shall be included in the required minimum open space for the District.

Walls and fences shall be constructed of natural materials and be no more than three feet high in a front yard.

All open storage, as defined in § 143-4, and outdoor storage of materials, equipment, and temporary structures shall be located behind the principal building and fully enclosed from view from a public road by opaque fencing and shall be screened with fencing and/or landscaping from adjacent residential uses.

Proposed uses shall not have an adverse impact on the neighborhood due to hours of operation, noise or loitering, and shall not generate excessive dust, fumes, vapors, gases, smoke, odors, or hazardous conditions.

No use shall be permitted that presents physical hazard by reason of fire, explosion, radiation or other similar cause.

Area and bulk regulations specific to the HB District. In addition to the area and bulk regulations specified in § 143-12 "District Schedule of Area and Bulk Regulations," the following shall apply:

The maximum footprint of any new building shall be 2,500 square feet, and the maximum gross floor space for any new building shall be 5,000 square feet.

A maximum of two stories shall be permitted. Stories shall not exceed 14 feet in height from the finished floor to finished ceiling and shall have a minimum height of seven feet.

Architectural standards.

Upon receipt of a complete application for site plan and/or special use permit approval, the Planning Board shall refer the submission to the Design Review Committee for recommendation, which recommendation shall be returnable to the Planning Board within 15 days or by the next regularly scheduled Planning Board meeting, whichever is later.

Franchise architecture, defined as a building design that is trademarked, branded or easily identified with a particular chain or corporation and is generic in nature, shall be prohibited.

A variety of architectural features and building materials is required to give each building or group of buildings a distinct character.

The exterior finish materials on all facades shall be limited to natural building materials such as brick, stone, stucco, wood and wood shingles. Smooth finish fiber cement siding is also permitted if it faithfully simulates the natural material and has equal or better weathering characteristics.

Buildings shall have sloped roofs, with the exception of nonresidential buildings, which may have mansard roofs or flat roofs with articulated parapets and cornices; in such cases, parapets shall be a minimum of 42 inches high, or as required to conceal mechanical equipment to the satisfaction of the Planning Board.

Mirrored, reflective or darkly tinted glass shall not be permitted.

Primary entrances to shop fronts shall be emphasized through the use of architectural features such as roofs, recessions into the facade, pilasters or other details that express the importance of the entrance.