Ulster County Land Use Referral Guide

Published on December 07, 2016

The Ulster County Planning Board (UCPB) Land Use Referral Guide(PDF, 14MB) provides information on the General Municipal Law 239 –l, -m, & -n Referral Process that governs reviews by UCPB. This guide contains policies and procedures that should be utilized at the earliest stages of the land use approval process. It is available in both PDF and web/online format. The updated Referral Guide is complemented by the Community Design Manual(PDF, 31MB). An updated, more interactive version of the manual can be found at designyourtown.org.

If you are new to the referral submittal process and are staff to a referring body, please contact Robert Leibowitz at (845) 340-3340 so we can guide you through the process and/or refer to the Referral Guide Materials on this page.

Referrals will only be accepted in paper mail format or via our Dropbox Referral System. Referrals will not be accepted via email. Additionally, all referral materials should come directly from the referring body, not the applicant in order to ensure the reviewing body has indeed reviewed these materials prior to submittal.

Table of Contents

  • About this Guide
  • Referral Process Basics
  • Meeting Policies and Procedures: The UCPB's Monthly Meeting
  • Frequently Asked Questions
  • Ulster County Comprehensive Planning: How UCPB Policies Relate to Referrals
  • Guidelines: Guidance for UCPB Referral Recommendations
  • Using the Community Design Manual
  • The Community Design Manual(PDF, 31MB)

Documents and Planning Guides

Appendices and Forms

 

Table 1: Referral Submittal Reference Matrix
Actions listed below are exempt from the referral process.

Table Notes:

• If not noted specifically in the matrix, referral is required
• Referrals are only exempt if an agreement has been made between the decision making body and the UCPB

 Type of Referral

Referral Requirements by Proximity


 Boundaries for determining proximity criteria (within or outside of 500 feet)

  • Village, City, Town boundary

  • Boundary of county or state park or other recreation are

  •  Right-of-Way of county or state road

  • Right-of-Way of stream or drainage channel owned by the County or within established channel lines

  • Boundary of county or state owned land on which public buildings or institutions reside

  • Boundary of a farm operation located in an Agricultural District
    per Article 25-AA of Ag and Markets Law


 Within 500 feet

 Outside 500 feet

 Site Plans and Special Permits

  1. Re-occupancy or reuse of existing structures
    as long as the following conditions are met:

    1. An increase in parking spaces is not required by local statute

    2. Channelized access to State or
      County Road exists or is proposed

    3. New site lighting, if proposed, utilizes
      full cut off luminaires and does
      not exceed IEA lighting levels.

  2. Accessory apartments

  3. Signage that meets local zoning requirements

  4. Wireless Telecommunication Facilities
    that are collocations per the Nationwide
    Programmatic Agreement for the
    Collocation of Wireless Antennas.*

All SEQRA Type II or Unlisted actions as long
as the following conditions are met:

  1. Not a disturbance of one or more acres of land

  2. Not a structure greater than 100 feet in height

  3. Not a structure located in the
    100-year floodplain

  4. Not a mining operation

  5. Not a building(s) with gross floor
    area >= 4,000 square feet

  6. Not an adult Use

  7. Not a substantial increase in size of a wireless telecommunication facility or tower per the Nationwide Agreement for the Collocation of Wireless Antennas*

 Subdivisions

 Subdivisions that meet all of the following conditions:

  1. Fewer than 5 lots and

  2. 2. Access roads and structures are not located within the 100-year floodplain

Subdivisions that meet all of the following conditions:

  1. Not a Type I action

  2. Do not create greater than 5 acres of disturbance

  3. Access roads and structures are not located within the 100-year floodplain


 Area Variances

  • Residential Side and Rear Yard

  • Residential side and rear yard fence height

  • Residential minimum lot size if central water and sewer is available

  • Accessory Apartment variances

All actions are exempt.

 Use Variances

 Uses where no physical expansion of
structures, utilities, or facilities is necessary
and/or does not occur on vacant lot.

All actions are exempt.

*The Nationwide Programmatic Agreement for the Collocation of Wireless Antennas can be found at: http://wireless.fcc.gov/releases/da010691a.pdf

 

Table 2: Referral Deadlines by Action Type

 Days Receipt Before
UCPB Meeting

 Type of Action

 12 Calendar Days
(Required)

  • All Variances

  • Site Plan Review

  • Special Permits

  • Subdivisions

 30 Calendar Days
(Requested)

  • Comprehensive Plans

  • Zoning Statute and Map Amendments

  • Other Special Authorizations

  • Any of the above actions that constitutes a Type 1 action under SEQRA


Table 3: Recommendations of the Ulster County Planning Board

Recommendation

Explanation

Vote Impact on Referring Body  

 No County Impact

The matter is primarily of local concern and involves no countywide or intermunicipal issues or concerns.

Simple Majority Vote

 Advisory Comments
(Within 500ft)

County-wide concerns are not raised. Comments are provided for guidance and technical assistance.

Simple Majority Vote

 Advisory Comments
(Outside 500ft.)

The UCPB can only make advisory comments on these referrals. Comments will reflect the UCPB’s concerns and recommendations.

Simple Majority Vote

 Approve

The matter is consistent with all the goals and objectives of the UCPB and provides for a clear betterment of the community.

Simple Majority Vote is required to approve this action..

A Majority Plus One is required should the referring board take an action contrary to this action.

 Required Modifications

The matter contains some significant aspects that are in conflict with County Planning Board policy, County land use plans, state enabling legislation, or local plans. These aspects can be addressed by imposing certain conditions or by altering the proposal.

Simple Majority Vote is required to approve this recommendation if the modifications are followed.

A Majority Plus One is required if the referring board seeks to approve the action without following the modifications.

 Disapprove

The matter will have a significant countywide or

inter-community impact and is in direct conflict with the goals and policies of the Board, the local comprehensive plan, or sound planning principals.

Simple Majority Vote is required if this recommendation if followed.

A Majority Plus One is required should the referring board take an action contrary to this action..

 

Table 4: Guideline for Full Statement Checklist for Referrals to the UCPB

Referral by Type (● = Required)

Submittal Materials

Site 
Plan 
Review

Special
Permit

Subdivision

Area
Variance

Use
Variance

Amend
Zoning
Statute

Amend
Zoning
Map

Other
Special
Authorization

Notes 

UCPB Referral Form

●

●

●

●

●

●

●

●

Filled out for all referrals

Proposal Location Map

●

●

●

● 

●

●*

●

●*

 *If specifically geographically located

Action/Project Narrative

●

●

●

●

●

●

●

●

Applicant and boards

SEQR Documentation

●

●

●

●

●

●

●

●


Meeting Minutes

●

●

●

●

●

●

●

●


Existing Conditions Plan

●

●

●

●

●




Includes surrounding area context

Proposed Site Layout

●

●


●

●




Includes surrounding area context

Lighting Plan

●

●







Photometrics and cut sheets

Grading/Clearing Plan

●

●

●






With disturbance over 1 acre

Stormwater Plan

●

●

●







Landscaping Plan

●

●

●






Location of, schedule of types, sizes

Utility Plan

●

●

●







Circulation Plan (Vehicles
and Pedestrians)

● 

●

●







Erosion and Sediment
Control Plan

●

●

●






Unless no new impervious
surfaces proposed

Architectual Elevations, Simulations, or Renderings

●

●







Also image file if available

Road Cross-Sections

●

●

●







Master Signage Plan

●

●

●






Locations and architectural elevations

Traffic Generation

●

●

●






Where peak hour trips are over 50

Traffic Impact Study

●

●

●






 Can be combined with
Traffic Generation as Traffic
Generation/Traffic Study

SWPPP

●

●

●






"In accordance with the NYS
Stormwater Manual

Soils

●

●

●







Photography

●

●







Existing conditions, JPEG and/or print

Correspondense

●

●

●

●

●

●

●

●

Local and/or involved agencies

Consultant N

otes

●

●

●

●

●

●

●

●

All planning, engineering or other consultants's notes and correspondence (municipality and applicants)


Summary of Law additions,
amendments, and deletions






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