Proposed New Local Law

In recent weeks, there have been a couple of issues related to site plan review by the Planning Commission. In the case of Fish & Game, some think the project should have been subject to site plan review, but it wasn't. In the case of the proposed Columbia-Greene Partnership Academy, more than two weeks passed after the City got wind of the project before it was decided that a site plan review was required.

Tomorrow night, a new local law, which seems to be bypassing the Legal Committee and coming straight to the full Council from city attorney Cheryl Roberts, is expected to be introduced at the Council's informal meeting. The law, to be known as the "Site Plan Approval Law," is meant to clarify what development projects proposed require a site plan review and "to promote the timely development and redevelopment of properties in the City of Hudson."  

The following language is proposed to replace the current Section 325-35A of the Hudson City Code, a section entitled "Site Development Plan Approval":

A.  Approval Required. No building permit shall be issued, other than for interior alterations or the erection or enlargement of one, two, or three family residences or accessory uses thereto, and no change in use or intensity of use which will affect the characteristics of the site in terms of parking, loading access, drainage or utilities shall be permitted except in conformity with an approved site development plan issued in accordance with this chapter. No certificate of occupancy for such structure or use shall be issued until all the requirements for such approval and any conditions attached thereto have been met. The continued validity of any certificate of occupancy shall be subject to continued conformance with such approved plan and conditions. Revisions of such plans shall be subject to the same approval procedure. Notwithstanding the foregoing, the following land uses shall require issuance of site development plan approval:

(1) All new commercial, industrial and institutional development on a previously vacant lot or parcel;

(2) New residential development containing four or more units in non-single family structures on contiguous or adjacent lots that have previously been subdivided;

(3) All expansions of existing commercial, industrial or multifamily properties which increase the ground floor area by at least 1,000 square feet or 25% of the existing ground floor area.

(4) Any conversions of an existing residential structure to a nonresidential or institutional use (excepting the establishment of a home occupation that is a permitted use or accessory use).

(5) All conversions of an existing nonresidential structure to a residential use containing at least three dwelling units.

Home occupation is defined as a "business, profession, occupation or trade conducted by the occupant of a dwelling unit or accessory structure and which is incidental and secondary to the use of the dwelling unit."