All special permit uses cited in § 260-14, the Schedule of Use Regulations, or any other section of this chapter shall be subject to review and approval by the Planning Board in accordance with the standards and procedures included herein. In all cases where this chapter requires such special use permit authorization by the Planning Board, no building permit or certificate of occupancy or use shall be issued by the Zoning Enforcement Officer except upon authorization of and in full conformance with plans approved by the Planning Board.
In authorizing any special permit use, the Planning Board shall take into consideration the public health, safety, and general welfare and the comfort and convenience of the public in general and that of the immediate neighborhood in particular. The Planning Board shall also take into strict account the specific conditions set forth in this article for certain uses, applicable supplementary regulations stated in Article V of this chapter, and the following general objectives for any use requiring Planning Board authorization:
A.
The location and size of the use, the nature and intensity
of the operations involved, the size of the site in relation to the
use, and the location of the site with respect to existing and future
streets providing access shall be in harmony with the orderly development
of the district.
B.
The location, nature and height of the buildings,
walls and fences, and the nature and intensity of intended operations,
should not discourage the appropriate development and use of adjacent
land and buildings or impair the value thereof.
C.
All proposed traffic accessways shall be adequate
but not excessive in number; adequate in width, grade, alignment and
visibility; sufficiently separated from street intersections or other
places of public assembly; and meet similar safety considerations.
D.
Adequate provision for safe and accessible off-street
parking and loading spaces shall be made.
E.
All parking and service areas shall be screened at
all seasons of the year from the view of adjacent residential lots
and streets, and the general landscaping of the site shall be in character
with that generally prevailing in the neighborhood. Such landscaping
shall include the preservation of existing trees, particularly those
over eight inches in diameter, to the maximum extent possible.
F.
All proposed buildings, structures, equipment and/or
material shall be readily accessible for fire and police protection.
G.
The character and appearance of the proposed use,
buildings, structures and/or outdoor signs shall be in general harmony
with the character and appearance of the surrounding neighborhood,
shall not be more objectionable to nearby properties by reason of
noise, fumes, vibration, or flashing lights than would the operations
of any permitted use and shall not adversely affect the general welfare
of the inhabitants of the Town of Woodstock. The days and hours of
operation may be limited by the Planning Board to minimize disturbance
to neighbors.
H.
The Planning Board may issue a special use permit
for a limited period of time and may place specific conditions for
its renewal thereafter. The investment of an applicant shall have
no bearing on the issuance or renewal of a special use permit.
I.
Where required in § 260-63 of this chapter, or wherever the Planning Board deems it appropriate for a special permit use, the following standards shall apply to all districts:
(1)
Driveways shall be so located and, where possible,
relocated as to minimize the impact of vehicular traffic on neighboring
properties.
(2)
All activities employing amplified sound shall take
place fully within the structure or structures.
(3)
Structures shall be designed to contain sound fully
within the structure. This may require the installation of sound damping
material and/or central air conditioning to permit the closing of
windows in hot weather.
J.
Where required in § 260-63 of this chapter, or wherever the Planning Board deems it appropriate for a special permit use, the following standards shall apply to the R8, R5, R3, R1.5 and PRD Districts:
K.
The Planning Board may require all proposed elementary, middle and
high schools to adhere to standards described in the 2006 edition
or later editions of Planning and Urban Design Standards, John Wiley
& Sons.
[Added 6-17-2014 by L.L. No. 1-2014[1]]
[1]
Editor's Note: This local law also provided for the redesignation
of former Subsection K as Subsection L.
L.
Additional standards. The Planning Board may establish
any additional standards appropriate to any special use permit in
this article.
In addition to the general standards set forth in § 260-62 above and the site plan review considerations set forth in § 260-77 of this chapter, the following specific standards shall be complied with for the particular special permit uses cited below.
A.
Mining and excavation, including the loading, hauling
and/or processing of sand, gravel, soil, shale, topsoil, stone, or
any aggregate material native to the site, in excess of 300 cubic
yards or a disturbed area greater than 1/2 acre, provided that
(2)
A time schedule for completion of either the entire
operation or, if excavation is to occur in stages, of each stage of
the operation shall be submitted for approval; no renewal of the special
use permit shall be granted until the permit holder shall have complied
with all provisions of the reclamation plan;
(3)
An operations plan, including the number and type
of trucks and other machinery to be used on the site, including their
respective noise levels, shall be submitted for approval;
(4)
A progressive restoration and rehabilitation plan
showing both existing contours and proposed final contours after operations
are completed shall be submitted for approval; such restoration and
rehabilitation plan shall include sowing and planting and proper vegetation
so as to prevent erosion, unsightliness and noisome impact on neighboring
properties, groundwater resources and aquifers;
(5)
A performance guarantee (performance bond or escrow
deposit) to assure rehabilitation shall be provided, upon recommendation
of the Planning Board, in an amount and form satisfactory to the Town
Board;
(6)
A buffer area shall be established of not less than
100 feet between the operation and the nearest property line, and
not less than 100 feet from the nearest road; for extraction operations
in creek or stream beds which fall within what otherwise would be
the buffer area, the Planning Board may reduce the buffer;
(7)
Such special use permit, including renewals, shall
be restricted to a disturbed area not to exceed five acres and to
a time period not to exceed six years in total, at which time all
reclamation activities shall have been completed; and
(8)
The number of mines in any area shall be limited to
one mine per geologic deposit or soil section as defined by the appropriate
map contained in the Soil Survey of Ulster County issued by the United
States Department of Agriculture in cooperation with the Cornell University
Agricultural Experiment Station. The total amount of land to be disturbed
within any one geologic deposit shall be not greater than five acres
at any one time.
B.
Motor vehicle service station or gasoline station,
provided that:
(1)
The minimum lot area shall be 30,000 square feet and
the minimum lot frontage shall be 200 feet;
(2)
No building shall be erected closer than 20 feet to
any street or lot line;
(3)
Entrance and exit driveways shall have an unrestricted
width of not less than 18 feet nor more than 30 feet, nor shall they
be located closer than 10 feet to any side or rear lot line;
(4)
No entrance or exit driveway or parking space shall
be so located as to require the backing of any vehicle into a public
right-of-way;
(5)
No access drive shall be within 200 feet of and on
the same side of the street as a school, public library, theater,
church or place of worship, or other public gathering place, park,
playground or fire station designed for occupancy by more than 50
persons, unless a street not less than 50 feet in width lies between
such service station and such building or use;
(6)
Gasoline or flammable oils in bulk shall be stored
fully underground, in accordance with New York State Department of
Environmental Conservation (DEC) Part 614 Regulations, and shall not
be located closer than 10 feet to any street line or 35 feet to any
lot line; and
(7)
No gasoline pump shall be located closer than 25 feet
to any property line.
C.
Summer or vacation colony, including cabins and cottages
available for rent during the nonwinter months, provided that:
(1)
Minimum lot area shall be 10 acres;
(2)
Such cabins or cottages shall be designed for one
family only, with not more than three such dwelling units permitted
per gross acre;
(3)
Central water supply and/or common sewage disposal
facilities may be required by the Planning Board and, if so, shall
be provided in accordance with the requirements of the Town of Woodstock
and the Ulster County Health Department; and
(4)
A building or recreational facility shall not be located
less than 100 feet from any lot line and shall be effectively screened
from adjacent properties.
D.
Camp, provided that:
(1)
Minimum lot area shall be 20 acres;
(2)
No tent, activity area or recreational facility shall
be closer than 200 feet to any lot line;
(3)
There shall be not more than three tents or cottages
per gross acre; and
(4)
Central water supply and/or common sewage disposal
facilities may be required by the Planning Board and, if so, shall
be provided in accordance with the requirements of the Town of Woodstock
and the Ulster County Health Department.
E.
Day camp, provided that:
(1)
Minimum lot area shall be five acres;
(2)
No activity area or recreational facility shall be
closer than 100 feet to any residential property boundary;
(3)
There shall be not more than eight day campers accommodated
per acre of available land area; and
(4)
Water supply and sewage disposal facilities shall
satisfy all applicable requirements of the Ulster County Health Department
and, to the extent applicable, the water, wastewater and sewer districts
within the Town of Woodstock.
F.
Membership club providing private social and recreational
facilities, including swimming facilities, and hunting or fishing
club, with accessory buildings for administration, operation and clubhouse
purposes, provided that:
G.
Cemetery and human crematory, provided that:
(1)
No burial or memorial plats or buildings shall be
located closer than 50 feet to any residential lot line, except that,
when a dense evergreen hedge or wall or landscaped strip not less
than six feet in height providing complete visual screening from all
adjacent residential property is provided, burial or memorial plots
of fewer than six in number may be located as close as 20 feet to
any residential lot line; and
(2)
All burials shall be undertaken in strict accordance
with applicable regulations of the New York State Department of State
and the New York State Department of Health.
I.
Public, denominational or private school, including
playgrounds and accessory uses required for their operation, provided
that:
J.
K.
Commercial logging, provided that:
(1)
All parcels of five or more acres of forest vegetation,
whether on one lot or on two or more contiguous lots to be harvested,
shall be subject to a special use permit under these provisions.
(2)
A forest management plan shall be submitted prior
to the beginning of any clearing or cutting. This plan shall include
information pertaining to the following:
(a)
Land area of parcel to be logged;
(b)
Location of land area on tax maps;
(c)
Approximate existing number of trees;
(d)
Approximate number of trees to be harvested;
(e)
Impact on all streams and waterways on the parcel;
(f)
Site-specific measures for the prevention of
erosion and preservation of wildlife habitats;
(g)
Measures for the preservation of aesthetic values
of the land;
(h)
Maintenance and/or repair of roads, loading
areas and access paths;
(i)
Establishment of buffer zones to mitigate visual impact to roads,
nearby elevations and neighboring parcels, and to protect watercourses
and wetlands;
[Amended 7-3-2013 by L.L. No. 1-2013]
(j)
Cleanup and reclamation plans;
(k)
Locations of major skid roads and landing areas;
and
(l)
A time schedule for all of the above activities.
(3)
The Planning Board may engage a forestry consultant
to examine the commercial logging proposal.
(4)
The Planning Board shall receive and approve a signed
contract between the logger and property owner or owners.
(5)
The Planning Board shall require a performance bond
or equivalent security to ensure proper cleanup and implementation
of the forest management plan. In the case of a bond, the Town of
Woodstock shall be named as an additional beneficiary insured. In
the case of a security, the Town of Woodstock shall be named as a
holder of the security.
(6)
All New York State Department of Environmental Conservation
(DEC) regulations shall be strictly adhered to by the special use
permit holder, and all required stream bank disturbance permits shall
be secured and in effect before the commencement of logging.
(7)
An appropriate buffer of trees shall be maintained
contiguous to any neighboring lot line or road.
(8)
No operations shall take place between 7:00 p.m. and
7:00 a.m.
(9)
Clear-cutting is prohibited in the Scenic Overlay (S-O) District
and within wetlands, watercourses and their associated buffers.
[Amended 7-3-2013 by L.L. No. 1-2013]
(10)
Excluded from special use permit shall be the harvesting
of Christmas trees; the clearing of land for rights-of-way for utilities;
reasonable site clearing preparatory to construction of a building
for which a building permit has been issued; the clearing and maintenance
of land for agricultural purposes; and the harvesting of trees and
firewood for the personal use of the property owner not to exceed
20 cords per year.
L.
Contractor's yard, provided that:
(1)
The size of the contractor's yard shall be limited
to one acre, including any structures relating to the contractor's
yard;
(2)
The owner and operator of the contractor's yard shall
reside on the lot upon which the contractor's yard is located or upon
an adjoining lot;
(3)
There shall be no commercial sale of equipment, parts,
sand, gravel, pipe, aggregate, or any other building supplies, with
the exception of building materials and supplies transported by the
owner or an employee of the contractor's yard and delivered to a customer
as part of his or her contracting business;
(4)
Materials used in association with the contractor's
yard may be temporarily stored within the yard and only within the
yard;
(5)
No rental of equipment shall occur from the contractor's
yard or from the lot on which the contractor's yard is situated or
from an adjoining lot; and
(6)
The contractor's yard may be required to be screened.
The screening preference shall be dense natural screening or compact
evergreen screening with a recommended minimum height of six feet
when planted or fencing, the type and height to be determined by the
Planning Board.
M.
Hotel or motel development, provided that:
(1)
Minimum residential lot area shown in § 260-16, the Schedule of Area and Bulk Regulations, for the zoning district in which the hotel or motel is proposed to be located shall be increased by 1,500 square feet for each guest room provided.
(2)
Minimum side and rear yard setback requirements shall
be 100 feet if such yard abuts property in a residential district
(R8, R5, R3, R1.5, HR or PRD).
(3)
Minimum front, side and rear yard setback requirements for off-street parking areas stated in § 260-30B(2) shall be increased to 150 feet if such yard abuts property in a residential district (R8, R5, R3, R1.5, HR or PRD).
(4)
Accessory uses to a hotel or motel development shall
be limited to the following:
(a)
Conference, banquet or seminar rooms to accommodate
a total of not more than 125 persons;
(b)
Restaurant facilities;
(c)
Swimming pool and racquet courts;
(d)
Small personal service/retail shops fully within
the hotel or motel facility and selling newspapers, magazines, tobacco,
small gifts and similar items; and
(e)
The hotel or motel service and maintenance facilities.
(5)
Each of the accessory uses, except those referenced in Subsection M(4)(a) above, shall be designed and provided for the exclusive use of those who are lodged at the hotel or motel development, except where the accessory use would be a permitted use or a special permit use within the zoning district in which the hotel or motel development is proposed, in which case all requirements from all sections of this chapter for such use or uses must be met.
(6)
Maximum structure coverage, including all principal
and accessory structures, shall not exceed 15% of lot area.
(7)
There shall be not more than 40 guest rooms.
N.
Multifamily dwelling created either through new construction
or by conversion of a one- or two-family residence or other structure
in existence at the time of adoption of this chapter, provided that
(1)
The number of dwelling units allowed on a lot shall
be calculated as follows:
[Amended 7-3-2013 by L.L. No. 1-2013]
(a)
For lots in the R5, R3 and NC Districts, and for lots in the R1.5, HR and HC Districts without both Town-provided central water and Town-provided common sewer, the minimum lot area per dwelling unit requirement, as provided in § 260-16, the Schedule of Area and Bulk Regulations, column a of Attachment 2 of this chapter, shall apply for the first two units in a multifamily structure. In a two-story structure, each additional dwelling unit shall require 25% of the per-dwelling-unit density. In a single-story structure, each additional dwelling unit shall require 50% of the per-dwelling-unit density.
(b)
For lots with both Town-provided central water and Town-provided
common sewer, in the R1.5, HR and HC Districts, four units may be
built on a lot meeting the minimum lot area per dwelling unit requirement,
provided that all other requirements of this chapter and other applicable
laws, rules and regulations are strictly met. For each additional
unit after the first four, the requirement shall be 25% of the per-dwelling-unit
density.
(2)
No individual multifamily structure shall contain
more than eight residential units in the case of two-story apartment
buildings, with four units allowed in each floor, nor more than six
units in the case of a single-story multifamily structure.
(3)
Adequate common water supply and common sewage disposal
facilities shall be provided in full accordance with the requirements
of the Town of Woodstock and the Ulster County Health Department.
(4)
Common open space totaling not less than 50% in the
R5 and R3 Districts and not less than 25% in the R1.5, HR, HC and
NC Districts of the total multifamily development site shall be provided
in perpetuity for the use and beneficial enjoyment of all residents
within the multifamily development.
(5)
A deeded conservation easement or similar mechanism
for the long-term ownership and maintenance of common open space shall
be provided, subject to the approval of the Planning Board during
the special use permit review process.
(6)
The minimum front, rear and side yards required by § 260-16, the Schedule of Area and Bulk Regulations, for the zoning district in which the development is proposed shall be doubled, that is, increased by 100%, in the R5 and R3 Districts to establish the minimum front, rear and side yards required for the development.
(7)
The Zoning Enforcement Officer shall inspect all the
rental dwelling units every three years to ensure that they have been
maintained in habitable condition and that there are no violations
of this chapter or any other applicable rules and regulations related
to multifamily dwelling units.
O.
Class B home occupation conducted either outside or
wholly or in part in an accessory building on the residential premises,
provided that:
(1)
While vehicles required to conduct the home occupation may be parked on the premises, such shall occur in accordance with the provisions of § 260-30A(3)(a) of this chapter.
(2)
Materials and equipment used in connection with the
home occupation may be required to be screened from public rights-of-way
and neighboring properties and stored in such a way that they do not
pose a nuisance to adjacent property owners and shall not be less
than 50 feet from any property boundary, with no such storage permitted
in the required front yard. Where required, the screening shall consist
of a dense natural screen or other barrier so designed as to form
an effective visual screen from the adjoining property.
(3)
No retail or wholesale sales shall take place in any
Class B home occupation.
(4)
No general or professional office shall be permitted
as a Class B home occupation.
A.
A special use permit (SUP) is required for new facility/tower construction or major modification of an existing facility. The applicant must submit all information required in Subsections D through G inclusive, below, in addition to all other applicable information and requirements found in this section of this chapter.
B.
If the applicant is applying for both a facility/tower special use permit and a repeater special use permit (RSUP) (see § 260-65 of this chapter), they shall be submitted and examined concurrently.
C.
No personal wireless service facility shall be considered
exempt from this section of this chapter for any reason, whether or
not said facility is proposed to share a tower or other structure
with exempt uses.
D.
A visual environmental assessment form (EAF) addendum shall accompany all applications submitted pursuant to either this section or § 260-65.
E.
Adequate coverage, adequate capacity and justification
of need for special use permit.
(1)
The applicant shall provide written documentation
of any facility site(s) that is within five miles of the proposed
site in which the applicant has a legal or equitable interest, whether
by ownership, leasehold or otherwise. For each such facility site,
the applicant shall demonstrate with written documentation that this
facility site is not already providing, or does not have the potential
by adjusting the facility to provide, adequate coverage and/or adequate
capacity to the Town of Woodstock.
(a)
The documentation for each facility site listed
shall include:
[1]
Exact tower or non-tower structure location
in longitude and latitude to degrees, minutes and seconds;
[2]
Ground elevation above mean sea level at the
tower or structure location;
[3]
Height of tower or structure;
[4]
Height of antenna(s) on tower or structure;
[5]
Type, manufacturer and model number of antenna(s);
[6]
Antenna(s) gain;
[7]
Output frequency;
[8]
Number of channels;
[9]
Power input; and
[10]
Maximum power output per channel.
(b)
Potential adjustments to these existing facility
sites, including changes in antenna(s) type, orientation, gain, height
or power output, shall be specified. Radial plots from each of these
facility sites as they exist and with adjustments as above shall be
provided as part of the application.
(2)
The applicant shall demonstrate with written documentation
that it has examined all existing facility sites that are within five
miles of the proposed site in which the applicant has no legal or
equitable interest, whether by ownership, leasehold or otherwise,
to determine whether those existing facility sites can be used to
provide adequate coverage and/or adequate capacity to the Town of
Woodstock. This information shall be provided unless the applicant
can provide sufficient documentation that it cannot utilize any of
the existing facilities, including documentation showing a good faith
effort to these ends.
(a)
The documentation for each existing facility
site examined shall include:
[1]
Exact tower or non-tower structure location
in longitude and latitude to degrees, minutes and seconds;
[2]
Ground elevation above mean sea level at the
tower or structure location;
[3]
Height of the tower or structure;
[4]
Height of proposed antenna(s) on tower or structure;
[5]
Type, manufacturer and model number of proposed
antenna(s);
[6]
Proposed antenna(s) gain;
[7]
Proposed output frequency;
[8]
Proposed number of channels;
[9]
Proposed power input; and
[10]
Proposed maximum power output per channel.
(b)
Radial plots from each of these existing facility
sites, configured as documented above, shall be provided as part of
the application. In addition, the applicant shall provide a list of
all sites within a one-mile radius of the proposed location that have
been considered as alternative sites and shall state, in detail, the
reasons why those alternative sites have been rejected.
(3)
The applicant shall demonstrate with written documentation
that it has analyzed the feasibility of repeaters or non-tower structures
to provide adequate coverage and/or adequate capacity to the Town
of Woodstock. Radial plots of all repeaters considered for use shall
also be provided as part of the application.
F.
Required documentation.
(1)
Copies of all submittals and showings pertaining to
the applicant's FCC license; environmental impact statements; FAA
notice of construction or alteration; aeronautical studies; and all
data, assumptions and calculations generated by or for the applicant
relating to the proposed service area (as determined pursuant to 47
CFR Part 22 or 24, or by other means) and power levels, regardless
of whether categorical exemption from routine environmental evaluation
under FCC rules is claimed, shall be provided.
(2)
Required plans and engineering plans prepared, stamped and signed by a professional engineer (PE) licensed to practice in the State of New York shall be provided. Plans shall be on sheets of 24 inches by 36 inches, on as many sheets as necessary, and at scales which are not smaller (i.e., no less precise) than listed below in Subsection F(3)(a) through (h). Each plan sheet shall have a title block indicating the project title, sheet title, sheet number, date, revision date(s), scale(s), and original seal and signature of the PE and other professionals who prepared the plan. Survey plans shall also be stamped and signed by a professional land surveyor registered in the State of New York.
(3)
The applicant shall, as part of its application, provide
the Planning Board with the following plans and maps:
(a)
Location map. Copy of a portion of the most
recent USGS Quadrangle Map, 7.5 Minute Series, at a scale of 1:24,000,
and showing the area within at least two miles from the proposed tower
or facility site. Indicate the tower location and the exact latitude
and longitude to degrees, minutes and seconds.
(b)
Vicinity map at a scale of one inch equals 200
feet with contour intervals not greater than 10 feet showing the entire
vicinity within a one-thousand-foot radius of the property lines within
which the tower or facility site is located, including topography,
public and private roads, buildings, bodies of water, wetlands, historic
sites and habitats for endangered species. Indicate any access easement(s)
or right(s)-of-way needed for access from a public way to the tower
or non-tower structure and the names of all contiguous property owners
along each access easement or who have deeded rights to the easement(s).
(c)
Existing conditions plan. A recent survey of
the tower or facility site at a scale not smaller than one inch equals
40 feet, with topography drawn with a minimum of five-foot contour
intervals, showing existing utilities, property lines, existing buildings
or structures, stone walls or fence lines, and wooded areas within
a two-hundred-foot radius from the base of the proposed tower. Show
the boundary of any wetlands, floodplains or watercourses within 200
feet from the tower or any related facilities, accessways or appurtenances.
The survey plan must have been completed on the ground by a licensed
land surveyor within two years prior to the application date.
(d)
In addition to the requirements contained in § 260-76, Application for preliminary site plan approval, of this chapter, the application shall provide proposed site plans, site layout, grading and utilities at the same scale or larger than the existing conditions plan, including:
[1]
Proposed tower location and any appurtenances,
including supports and guy wires, if any, and any accessory building
(communication equipment shelter or other). Indicate property boundaries
and setback distances to the base(s) of the tower and to the nearest
corners of each of the appurtenant structures. Indicate proposed spot
elevations at the base of the proposed tower and at the base of any
guy wires and the corners of all appurtenant structures
[2]
Proposed utilities, including distance from
source of power, sizes of service available and required, locations
of any proposed utility or communication lines, and whether such lines
are underground or above ground.
[3]
Limits of areas where vegetation is to be cleared
or altered and justification for any such clearing or alterations.
The road or driveway constructed to provide access to the facilities
site shall be designed to avoid or to minimize disturbance or clearing
and to use existing roads, driveways or utility easements whenever
possible.
[4]
Any direct or indirect wetlands alteration proposed.
[5]
Proposed antenna(s) location(s) on existing
or proposed non-tower structures and location of associated communication
equipment. Indicate property boundaries and setback distances to the
structure(s) and elevations and details of non-tower structure to
host antenna(s) at appropriate scales but not smaller than one inch
equals 10 feet.
(e)
Proposed tower and appurtenances.
[1]
Plans, elevation and sections details at appropriate
scales, but not smaller than one inch equals 10 feet.
[2]
Two cross sections through the proposed tower
drawn at right angles to each other showing the ground profile to
at least 100 feet beyond the limit of clearing and any guy wires or
supports. Show the dimension of the proposed height of the tower above
average grade at the tower base. Show all proposed antennas, including
their location on the tower.
[3]
Typical detail of tower foundation, including
cross sections and details. Show all ground attachments and specifications
for anchor bolts and other anchoring hardware.
[4]
Detail proposed exterior construction or finish
of the tower.
[5]
Indicate the relative height of the tower to
the tops of surrounding trees that presently exist.
[6]
Illustrate the modular structure of the proposed
tower, indicating the heights of sections which could be removed or
added in the future to adapt to changing communications, technology,
conditions or demands, and the maximum structurally allowable height
of the proposed tower.
[7]
Certification by a licensed engineer that the
tower:
[a]
Can be altered to support additional antennas
or other communication facilities at different heights with adequate
separation.
[b]
Can be altered to withstand winds in accordance
with the ANSI/EIA/TIA 222 Standards.
[c]
May be shortened if future communication facilities
no longer require additional height.
[8]
A description of available space on the tower,
providing illustrations and examples of the type and number of personal
wireless service facilities which could be mounted on the structure.
(f)
Proposed communications equipment shelter.
(g)
Proposed equipment plan.
[1]
Plans, elevations, sections and details at appropriate
scales but not smaller than one inch equals 10 feet.
[2]
Number of antennas and repeaters (if any), as
well as the exact locations of all antennas and repeaters (if any)
located on a map as well as by degrees, minutes and seconds of latitude
and longitude.
[3]
Mounting locations on tower or structure, including
height above ground.
[4]
Antenna(s) type(s), manufacturer(s) and model
number(s).
[5]
For each antenna, the antenna gain and the antenna
radiation pattern.
[6]
Number of channels per antenna, projected and
maximum.
[7]
Power input to the antenna(s).
[8]
Power output in normal use and at maximum output
for each antenna and all antennas as an aggregate.
[9]
Output frequency(ies) of the transmitter(s).
(h)
Sight lines.
[1]
A minimum of eight view lines in a zero- to
five-mile radius from the site, shown beginning at true North and
continuing clockwise at forty-five-degree intervals.
[2]
A plan map of a circle five miles in radius
of the facility site on which any visibility of the proposed tower
or non-tower-mounted antenna(s) from a public way shall be indicated.
[3]
Applicant shall utilize the USGS Quadrangle
Map, at a scale of 1:25,000, and submit profile drawings on a horizontal
scale of one inch equals 400 feet, with a vertical scale of one inch
equals 40 feet. Trees shall be shown at existing heights and at projected
heights in 10 years.
(4)
Balloon test and visual analysis for tower structures.
(a)
Within 35 days of submitting an application,
the applicant shall arrange to fly or raise upon a temporary mast,
a three-foot diameter brightly colored balloon, or (during development
phase) the top of any temporary supporting structure at the maximum
height of the proposed tower. When using a balloon and tether, the
tether shall either be adjusted to correct for wind conditions or
a three-point tether system used to ensure the balloon is flown at
the correct height. The dates (including alternative dates in case
of poor visibility or high winds on any of the initial dates), times
and location of this balloon test shall be determined in consultation
with the Planning Board and shall be advertised by the applicant at
seven and 14 days in advance of the first test date in a newspaper
with a general circulation in the Town of Woodstock. The balloon shall
be flown for at least four consecutive hours sometime between 9:00
a.m. and 5:00 p.m. of the dates chosen.
(b)
The Planning Board may specify other methods
of visual analysis to assess the potential impacts on nearby viewsheds,
ridge lines, scenic areas, historic sites and adjacent land uses,
including but not limited to photographic simulation or photographic
montage, with and without foliage.
(5)
The applicant may be required to provide a written
irrevocable commitment valid for the duration of the existence of
the tower or facility, to the extent structurally and electromagnetically
able, to rent or lease available space for co-location on the tower
at fair market prices and terms, without discrimination, to other
personal wireless service providers. The Planning Board may require
the applicant to document any claim that co-location is not feasible.
G.
General requirements.
(1)
A special use permit shall not be granted for a personal
wireless service facility to be built on speculation. If the applicant
is not simultaneously installing a personal wireless service facility,
it shall provide a copy of its existing lease/contract with a personal
wireless service provider. Said provider shall provide all necessary
data to comply with the terms of this chapter as part of the applicant's
application for a special use permit, or the special use permit shall
not be granted.
(2)
Tower(s) shall minimize, to the maximum extent feasible,
adverse visual impacts on the environment. The Planning Board may
impose reasonable conditions to ensure this result, including but
not limited to requiring the use of camouflage, painting, lighting
standards and screening.
(3)
If the facility or tower site is in a wooded area,
a vegetated buffer strip of undisturbed trees of at least 100 feet
in depth (or less if determined by the Planning Board to be sufficient)
shall be retained as close to the tower as possible, but in all cases
there shall be no clearing at a distance in excess of 25 feet in radius
from the base of the tower, except where the access drive or guy wires
are located.
(4)
Fencing. The area around the tower and communication
equipment shelter(s) shall be completely fenced and gated for security
within an area not greater than 25 feet in radius from the base of
the tower. Where guy wires are used, the fence shall be located two
feet outside the guy wire anchor and to a height of six feet. Use
of razor wire is not permitted.
(5)
Signs shall be limited to two square feet in area
and indicate the name of the personal wireless service facility's
owner(s) with a twenty-four-hour emergency telephone number. It shall
be posted adjacent to the entry gate. In addition, "no trespassing"
or other warning signs may be posted on the fence.
(6)
Communication equipment shelter(s) and accessory building(s)
shall be designed to be architecturally similar and compatible with
each other and shall be no more than 12 feet high. The buildings shall
be used only for the housing of equipment related to this particular
site. Whenever possible, the buildings should be joined or clustered
so as to appear as one building.
(7)
New towers shall not exceed the minimum height necessary
to provide adequate coverage for the personal wireless service facilities
proposed for use on the tower. The applicant may submit a request
for additional height to accommodate future co-location and shall
provide design information to justify such additional height. The
Planning Board may require the applicant to provide detailed technical
justification for the requested tower height.
(8)
Lattice towers shall be located at least 1 1/2
times their maximum structural height within the outer boundary of
the site on which the tower is to be located. Monopole towers shall
be of a "weak point" design.
(9)
To the extent feasible, all network interconnections
to and from the telecommunications site and all power to the site
shall be installed underground. At the initial construction of the
access road to the site, sufficient conduit shall be laid to accommodate
the maximum possible number of personal wireless service providers
licensed to provide services to the Town of Woodstock and surrounding
areas.
(10)
If greater than 50% of the proposed service area,
as referenced in 47 CFR Parts 22 and 24, of the personal wireless
service facility is outside the Town of Woodstock, then the special
use permit may be denied unless the applicant demonstrates to the
satisfaction of the Planning Board that the applicant is unable to
locate within the town which is primarily receiving service from the
proposed facility.
(11)
Unless required by the Federal Aviation Administration
(FAA), no lighting of towers or the personal wireless service facility
is permitted, except for manually operated emergency lights for use
only when operating personnel are on site. The Planning Board may
require the applicant to reduce the height of the tower or personal
wireless service facility to a level below that at which the FAA requires
lighting and to provide detailed technical justification for the requested
tower height.
(12)
Commercial advertising shall not be allowed on any
antenna, tower, accessory building or communication equipment shelter.
(13)
The Planning Board shall request input from the chiefs
(or their designees) of fire, police and other emergency services
regarding the adequacy for emergency access of the planned drive or
roadway to the site.
(14)
The applicant shall provide the name, address, phone
number and written consent to apply for the special use permit of
the owner(s) of the property and/or structure(s) on which the proposed
personal wireless service facility shall be located, if different
than the applicant.
(15)
Antenna(s) mounted on non-tower structures shall be
located so as to have the least possible impact on the viewshed. The
Planning Board may require a plan for screening, painting or camouflaging
of antenna(s) to reduce the visual impact(s) of the antenna(s).
(16)
Antenna(s) mounted on non-tower structure(s) shall
not be located on any single-family dwelling or two-family dwelling.
(17)
Omni-directional or whip antenna(s) shall not exceed
20 feet in height and seven inches in diameter. Directional or panel
antenna(s) shall not exceed five feet in height and three feet in
width.
(18)
Non-tower structure-mounted or building-mounted antenna(s)
shall be permitted to exceed the height restrictions of this chapter
by not more than 15 feet.
(19)
Non-tower structure-mounted or building-mounted antenna(s)
utilizing the face or wall of a structure should be mounted flush
to surface and in no instance shall extend more than two feet from
the wall or face of the structure.
(20)
An applicant proposing antenna(s) mounted on a non-tower
structure shall submit evidence from a professional engineer certifying
that the proposed installation will not exceed the structural capacity
of the non-tower structure.
(21)
Towers shall be prohibited in the Hamlet Commercial
(HC) and Neighborhood Commercial (NC) Districts. Personal wireless
service facilities in these districts shall only utilize non-tower
structures.
H.
Approval criteria.
(1)
In addition to the findings required by § 260-62, General standards, of this chapter, the Planning Board, before granting the special use permit, shall make findings as follows:
(a)
That the applicant is proposing to locate its
personal wireless service facility within a permitted location; permitted
locations are those portions of the HC, NC, R3, R5 or R8 District
outside of the Scenic Overlay District;
(b)
That the applicant is not already providing
adequate coverage to the subject area;
(c)
That the proposed personal wireless service
facility or tower is the minimum height necessary to provide adequate
coverage to the subject area;
(d)
That the proposed facility will not have an
undue adverse impact on historic resources, scenic views, residential
property values and/or natural or man-made resources, as well as the
scenic vista inventory as prepared by the Woodstock Environmental
Commission (WEC);
(e)
That the applicant has agreed to implement all
reasonable measures to mitigate the potential adverse impacts of the
facilities;
(f)
That the proposal shall comply with the most
current FCC regulations regarding emissions of electromagnetic radiation
as currently found in FCC regulations, Title 47, Part 1, § 1.1307,
and all other relevant sections; and
(g)
That any personal wireless service facility
proposed for the Hamlet Commercial (HC) or Neighborhood Commercial
(NC) District shall not include the construction of a tower.
(2)
Any decision by the Planning Board to grant, grant
with condition(s), or deny an application for a special use permit
under this chapter shall be in conformance with § 332 of
the Act [47 U.S.C. § 332(7)(B)(ii) and (iii)], in that it
shall be in writing and supported by substantial evidence contained
in a written record.
I.
Monitoring and evaluation of compliance.
(1)
Compliance certification. Prior to the activation
of a new or modified facility or repeater, the owner(s) of the facility
shall certify to the Planning Board, the Town-specified Engineer and
the Zoning Enforcement Officer that the facility and/or repeater is
in compliance with the most current FCC regulations regarding emissions
of electromagnetic radiation as currently found in FCC regulations,
Title 47, Part 1, § 1.1310, and all other relevant sections.
Certification shall include site-specific calculations showing highest
power density levels at the closest publicly accessible point to the
facility, using the methodology described in FCC OET Bulletin No.
65, Edition 97-01, August 1997, Evaluating Compliance with FCC Guidelines
for Human Exposure to Radio Frequency Radiation, or other more current
FCC Bulletin. At least once every 12 months, starting from the date
of activation, a follow-up report of the certifying compliance (as
described above) shall be submitted to the Planning Board, the Zoning
Enforcement Officer and the Town-specified Engineer.
(2)
Excessive emissions. Should the owner's calculations
or independent monitoring of a facility or repeater site by a qualified
engineer reveal that the site exceeds the most recent FCC regulations
regarding emissions of electromagnetic radiation, currently found
in FCC Regulations Title 47, Part 1, § 1.1310 and all other
relevant sections, then the owner(s) of all facilities utilizing that
site shall be so notified. The owner(s) shall submit to the Planning
Board, the Zoning Enforcement Officer and Town-specified Engineer
a plan for the reduction of emissions to a level that complies with
the FCC standard within 10 business days of notification of noncompliance.
That plan shall reduce emissions to the applicable FCC standard within
15 days of initial notification of noncompliance. Failure to accomplish
this reduction of emissions within 15 business days of initial notification
of noncompliance shall be a violation of the special use permit and
shall subject the violator to penalties and fines as specified in
this chapter. Such fines shall be payable by the owner(s) of the personal
wireless service facilities with antennas on the facility site until
compliance is achieved. All consultant costs incurred shall be borne
by the applicant as part of the special use permit.
(3)
Structural inspection. It shall be a condition of
the special use permit that tower owner(s) shall pay for an independent
consultant (a licensed professional structural engineer) hired by
the Town to conduct inspections of the tower's structural integrity
and safety. Towers shall be inspected every five years. A report of
the inspection shall be prepared by the independent consultant and
submitted to the Planning Board, the Town-specified Engineer, the
Zoning Enforcement Officer, and the Town Clerk. Any major modification
of existing facility which includes changes to tower dimensions or
antenna numbers or type shall require new structural inspection. Failure
to comply with this requirement shall be considered a violation of
the special use permit and may cause revocation of the special use
permit.
(4)
Unsafe structure.
(a)
Should the inspection of any tower reveal any
structural defect(s) which, in the opinion of the independent consultant,
render(s) that tower unsafe, the following actions must be taken:
[1]
Within 10 business days of notification of unsafe
structure, the owner(s) of the tower shall submit to the Zoning Enforcement
Officer a plan to remediate the structural defect(s).
[2]
This plan shall be initiated within 10 business
days of the Zoning Enforcement Officer's approval of the remediation
plan and completed as soon as reasonably possible.
(b)
Failure to accomplish this remediation of structural
defect(s) within 10 business days of initial notification shall be
a violation of the special use permit and subject to fines and penalties
as determined by the Planning Board. Such fines shall be payable by
the owner(s) of the tower until compliance is achieved.
J.
Removal requirements. Any personal wireless service
facility or repeater which ceases to operate for a period of one year
shall be removed. "Cease to operate" is defined as not performing
the normal functions associated with the personal wireless service
facility or repeater and its equipment on a continuous and ongoing
basis for a period of one year. At the time of removal, the facility
or repeater site shall be remediated such that all personal wireless
service facility or repeater improvements which have ceased to operate
are removed. If all facilities on a tower have ceased to operate,
the tower shall also be removed, and the facility or repeater site,
including any access road(s) which lead(s) to that facility or repeater
site from the main access road shall be revegetated. If all facility
or repeater sites have ceased to operate, the owner(s) of the last
personal wireless service facility or repeater to leave the site may
be required to revegetate all or a portion of the access road(s).
Existing trees shall only be removed with the written permission of
the Planning Board and only if the Planning Board determines such
removal of trees to be necessary to complete the required removal
of personal wireless service facility(ies) or repeater(s).
K.
Bonding. The applicant shall, as a condition of the
special use permit:
(1)
Post an initial cash bond in a reasonable amount determined
and approved by the Planning Board. This bond shall be in force to
cover the costs of the remediation of any damage to the landscape
which occurs during the clearing of the site and to cover the cost
of the removal of the tower, facility and/or repeater from the site
and remediation of the landscape should the facility or repeater cease
to operate.
(2)
Post a maintenance bond for the access road(s), site(s)
and tower(s) in amounts approved by the Planning Board.
L.
Fees and insurance. Towers, personal wireless service
facilities and repeaters shall be insured by the owner(s) against
damage to persons or property. The owner(s) shall provide a certificate
of insurance to the Planning Board on an annual basis. For towers,
facilities and repeaters located on property owned by the Town of
Woodstock, the Town of Woodstock shall be an additional named insured.
M.
Permit expiration and renewal. The Planning Board
shall specify a three- to five-year term for review of individual
special use permit to provide for the periodic examination of communication
tower and facilities. The periodic review shall address any changes
in local, state and federal regulations or laws controlling the use
or operation of tower or facility. The Planning Board may employ professional
services to assist in any such review. This review shall be concurrent
with the structural inspection. The cost of professional review shall
be borne by the applicant. If any alterations to the special use permit
are required, the renewal shall be conducted in accordance with this
chapter. If no alterations are required, the Planning Board shall
grant a renewal of the special use permit. In this case a public hearing
may not be required prior to approval.
A.
Repeaters may be installed at all locations within
the Town of Woodstock.
B.
A repeater special use permit (RSUP) shall be required
for any (all) repeater(s) to be mounted on an existing or newly permitted
tower or non-tower structure, or major modification of an existing
structure.
C.
A repeater special use permit may be applied for by an applicant who is currently applying for a special use permit under this chapter, or by an applicant who has previously received a special use permit under this chapter, or by an entity which is providing personal wireless services to the Town of Woodstock from a base station outside the Town. The applicant must submit all information required in Subsection D below, as well as all other required information.
D.
Application requirements.
(1)
The use of repeaters to assure adequate coverage or
to fill holes within areas of otherwise adequate coverage while minimizing
the number of required towers is permitted and encouraged. An applicant
who is currently applying for a repeater special use permit under
this chapter or who has received and is in compliance with a current
special use permit under this chapter or an entity which is providing
personal wireless services to the Town of Woodstock from a base station
outside the Town may apply for a special use permit.
(2)
Applicants shall provide the following information:
(a)
Exact location in longitude and latitude, to
degrees, minutes and seconds, as well as by street address or pole
number (if applicable).
(b)
Ground elevation.
(c)
Height of proposed repeater above ground.
(d)
Type, manufacturer and model number of proposed
repeater.
(e)
Proposed output frequency.
(f)
Proposed number of channels.
(g)
Proposed power input.
(h)
Proposed maximum power output per channel.
(i)
Radial plots from any proposed repeater(s) configured
as documented above.
(j)
Name, address, phone number and written consent
to apply for this repeater special use permit of the owner(s) of the
property on which the proposed repeater shall be located and of the
owner(s) of the tower or structure on which the proposed repeater
shall be located.
(k)
Proposed repeater site layout, grading and utilities
at a scale not smaller than one inch equals 40 feet (1:480 or metric
equivalent 1:500) showing the entire vicinity within a three-hundred-foot
radius of the repeater site with topography drawn with a minimum of
two-foot (0.6 meter) contour interval, including:
[1]
Proposed repeater location and appurtenances,
if any, and any accessory building (communication equipment shelter
or other). Indicate property boundaries of abutters within 300 feet
of the repeater and dimensions of all proposed improvements.
[2]
Limits of areas where vegetation is to be cleared
or altered and justification for any such clearing or alteration.
[3]
Plans of any proposed access driveway or roadway
and parking area at the repeater site. Include grading, drainage,
traveled width, and a cross section of the access drive indicating
the width, depth of gravel, paving or surface materials.
E.
General requirements.
(1)
No repeater shall be located closer than 50 feet to
an existing dwelling unit or residential structure nor less than 25
feet above ground.
(2)
The Planning Board may require the use of screening,
painting or camouflage to reduce the visual impact(s) of the repeater(s).
(3)
Repeaters shall be located so as to have the least
possible impact on the views of the residents of the Town of Woodstock.
A.
Prior to the issuance of a building permit for the construction of a new house, house addition exceeding 300 square feet in floor area, or accessory structure exceeding 300 square feet in floor area, or any addition or accessory structure of any size not complying with the standards of § 260-66(1)(a) through (g) below in this section, or creation of a driveway, or prior to the creation of a cleared right-of-way or any other cleared access greater than six feet in width, or cleared right-of-way or access less than six feet in width where the grading or earthmoving is proposed, the Planning Board shall undertake special use permit review. This special use permit review shall be in accordance with the general standards set forth in § 260-62 above and in accordance with the additional standard that the visual impact of the proposed development shall be mitigated both within its immediate environs and as viewed from a distance through the measures listed below. Excluded from said review are decks and pools.
[Amended 11-18-2008 by L.L. No. 2-2008; 7-3-2013 by L.L. No.
1-2013]
(1)
The proposed development shall include the following
measures:
(a)
The minimization of cut and fill activity and
the effective vegetative restoration of all disturbed areas.
(b)
The use of building materials, colors and textures
designed to blend with the natural environment and the avoidance of
highly reflective materials such as uncoated metal siding or trim.
Windows shall be minimized. Where window coverage exceeds 25% of any
one side of the proposed building, tints, coatings, screens or films
designed to reduce exterior glare shall be utilized on the elevation
exceeding the standard. The Planning Board reserves the right to require
glare-reduction materials where window coverage is less than or equal
to 25% and may also determine that the application of antiglare material
is unnecessary when there is no potential for the elevation in question
to be seen from anywhere beyond the boundaries of the subject property.
(c)
Respect for natural drainageways, contours and
landforms.
(d)
The prohibition of development along and/or
projecting above ridge lines, and the discouragement of development
at other visually prominent locations, so that development is as visually
inconspicuous as possible when seen from a distance and from lower
altitudes.
(e)
The encouragement of natural buffers and other
vegetative screening between land uses, as well as between developed
areas and public roadways, including the use of conservation easements
and similar devices to preserve and protect visually prominent open
spaces.
(f)
The shielding of all outdoor lighting fixtures, including those with incandescent light sources, in the manner described in § 260-29C of this chapter.
(g)
The minimizing of tree cutting.
(2)
It shall be made part of the special use permit that
all future changes to the exterior of any structure shall adhere to
the above measures.
B.
The Planning Board may waive the special use permit required for exterior building permits in the Scenic Overlay District provided that the Planning Board finds that the work to be done is of a minor nature and is consistent with the standards set forth in Subsection A above and, due to the elevation and depression of the land, meets either of the following circumstances:
(1)
The structure or area within the Scenic Overlay District
is situated so that it cannot be seen from neighboring escarpments,
scenic elevations, roadways, and other aesthetically sensitive areas;
and/or
(2)
The modification for which a building permit is requested
will not be seen from neighboring escarpments, scenic elevations,
roadways, and other aesthetically sensitive areas.
C.
The following uses and activities are prohibited in
the Scenic Overlay District:
(1)
Clear-cutting as part of a commercial logging operation except as provided in § 260-63K(10); and
(2)
Personal wireless service facility.
A.
Findings and purpose. As outlined in the Town of Woodstock
Comprehensive Plan, Woodstock has been long established as a community
of the arts and desires to preserve and encourage that character.
In addition, it is found that the protection of particular buildings
and other improvements of special character or cultural, recreational,
historic or aesthetic value, the enhancement of traffic and pedestrian
safety along heavily traveled routes, and the protection of scenic
and open space vistas within the Town are of public concern and are
required for the protection of the people and the economic base of
Woodstock. It is further found that these features at, about, and
visible from the intersection of State Routes 375 and 212, which constitute
the critical gateway to Woodstock and primary access to its commercial
center, are particularly important as a reflection of the Town's character
and are so located that appropriate property use and development within
that area is a public necessity. Accordingly, the purpose of the Gateway
Overlay District is to preserve and promote the cultural and aesthetic
heritage of the Town's entrance, to enhance traffic safety for vehicles
and pedestrians, and to mitigate traffic congestion at a critical
intersection.
B.
Within the Gateway Overlay District, no building,
structure or improvement which is visible from a public highway shall
be demolished or construction undertaken except pursuant to a special
use permit issued by the Planning Board. Nothing herein shall prevent
the demolition and clearance of any building which the Zoning Enforcement
Officer determines in writing poses a clear and present danger to
health and safety or internal renovations or improvements which do
not substantially change the use or external appearance of existing
or permitted structures.
C.
Planning Board finding.
(1)
The Planning Board shall issue such special use permit
only where it finds that:
(a)
The project is located and designed in a manner
such that it will have no significant adverse impact on the cultural,
aesthetic and historic character of the Gateway Overlay District and
will be consistent with the objectives thereof as herein defined;
(b)
The project will have no significant adverse
impact on the environment, public health or safety; and
(c)
Any demolition will not have a significant adverse
impact on the character of the district.
(2)
Adverse impact for the purposes of this part of this
chapter shall be evaluated with reference to the following:
(a)
Impact on vehicular and pedestrian traffic on
adjacent roadways;
(b)
Building location, configuration and scale,
including height, roofline and setbacks in the context of existing
adjacent or connected structures and lot lines;
(c)
Facades, including fenestration, materials,
transparency, and porches;
(d)
Character and location of uses;
(e)
Preservation of landmark or historic structures;
(f)
Preservation of views and open spaces;
(g)
Road extensions and access safety for vehicles
and pedestrians;
(h)
Relationship to other existing Gateway Overlay
District properties;
(i)
Street and sidewalk improvements;
(j)
Adequate on-site parking; and
(k)
Signage and lighting.
D.
Application procedure.
(1)
Contents of application.
(a)
An application for a special use permit under
this section shall be filed in five copies with the Zoning Enforcement
Officer and shall include:
[1]
The name and address of the applicant.
[2]
One or more photographs and a site plan of the
property showing the relationship to neighboring properties, existing
structures and natural features.
[3]
Any available information, drawings or photographs
which describe the history and prior appearance of the property.
[4]
In the case of proposed construction or alteration,
the application shall include a full description of the work proposed,
including the scale, color, materials, general design and architectural
detailing and elevations, intended use and other features of any proposed
improvement.
[5]
Where appropriate, information supplied shall
include color or material samples.
E.
Procedure and required finding.
(1)
Upon receipt of an application, the Zoning Enforcement
Officer shall refer the application to the Planning Board. The Planning
Board may require the applicant to furnish additional material or
information, and the application shall not be deemed complete until
such additional information has been furnished. The Planning Board
shall evaluate the appropriateness of the proposed work or demolition
in light of the objectives and findings required by this section.
(a)
In the case of a proposed demolition, the Planning Board shall also evaluate the proposal in light of the demolition finding in Subsection D above.
(b)
In the case of proposed construction or alteration,
the Planning Board shall make a written finding as to the conformity
of such project with the required findings for the proposed work.
(c)
In the case of a proposal deemed nonconforming,
the Planning Board shall supply general recommendations in writing
as to how the proposed work could be modified to warrant issuance
of a special use permit, assuming that such modification is possible.
(2)
In order to grant a special use permit under this
section, the Planning Board shall explicitly set forth the basis of
conformity or nonconformity with the required findings and objectives
hereunder.
F.
Uses permitted in the Gateway Overlay District which
are not otherwise permitted in R5, R3 and R1.5 and HR Districts:
(1)
Uses permitted:
(a)
Cultural facilities, such as performance and
rehearsal facilities, theaters not to exceed 300 seats, museums, archives,
art galleries and libraries.
(b)
Retail and/or restaurant uses directly related
to, incidental to, and in support of a cultural facility, but not
including sales of food to be consumed off the premises. The total
of such retail and/or restaurant uses shall be no larger than the
cultural facility in total floor area.
(c)
Motels or hotels having not more than 40 sleeping
rooms, which may have restaurants seating not more than 100 diners,
provided that such hotel, motel or restaurant is situated on the same
lot with a cultural facility, which facility shall consist of not
less than 50% of the project's lot coverage.
(2)
Any of the foregoing uses shall comply with and be
governed by the provisions regulating the Hamlet Commercial (HC) District
and shall be subject to the same accessory requirements and allowances
as provided therein.
G.
Gateway Overlay District bonuses. In the event that
the proposed project is a cultural center and qualifies as a use permitted
pursuant to this section, the Planning Board may, at its discretion,
grant the developer thereof certain bonuses and relief from other
provisions of this chapter, as follows:
(1)
Lot coverage restrictions shall be modified, provided that in no event shall the aggregate lot coverage of all structures on a lot exceed 40%, and provided that on-site parking complies fully with § 260-30 of this chapter.
H.
Gateway Overlay (G-O) District description. The Gateway
Overlay District is bounded and described as follows: beginning at
the intersection of Riseley Lane and Route 375; south along the center
line of Route 375 to the northerly intersection of Birch Lane with
Route 375; east along the center of Birch Lane to a sharp bend to
the south; northeast from the bend in Birch Lane to the center of
the Chestnut Hill Road Bridge crossing Sawkill Creek; north along
the center of Chestnut Hill Road to the center line of Route 212;
west along the center line of Route 212 to its intersection with Plochmann
Lane; north along the center line of Plochmann Lane 300 feet; west
along a line parallel to and 300 feet to the north of Route 212 to
the intersection of Ferguson Creek passing under Route 212 to the
intersection of Ferguson Creek with Sawkill Creek; east along the
center of Sawkill Creek to a point 300 feet to the west of Route 375;
south along a line parallel to and 300 feet west of Route 375 to Riseley
Lane; and east along the center of Riseley Lane to the point of beginning.
If any property is partially within and partially without the Gateway
Overlay District, the property shall be deemed entirely within the
Gateway Overlay District if more than 50% of such property falls within
the Gateway Overlay District. If less than 50% of such property falls
within the Gateway Overlay District, only such portion thereof as
falls within the Gateway Overlay District shall be subject to its
provisions.
The Planning Board shall review and act on all
special permit uses in accordance with the procedure specified herein.
A.
Application and fee. All applications made to the
Planning Board shall be in writing, on forms prescribed by said Board,
and shall be accompanied by the following:
B.
Public notice and hearing.[1]
(1)
The Planning Board shall fix a time and place for
a public hearing on any such special use permit application and shall
provide public notice which shall appear at least five days prior
to the public hearing in the official newspaper or newspapers of the
Town, as designated by the Town Board. A copy of said public notice
shall be mailed by the Planning Board to the applicant, the Ulster
County Planning Board and all contiguous property owners at least
10 days before the opening of the public hearing.
(2)
A public hearing on an application for special use
permit shall be scheduled and conducted by the Planning Board within
62 days of the date of the Planning Board meeting at which, pursuant
to SEQRA, a negative declaration has been adopted or a draft environmental
impact statement (DEIS) has been accepted as being sufficient to commence
the public comment period.
C.
Decisions. Within 62 days of the date of completion
of the hearing, the Planning Board shall approve, disapprove or approve
with modifications the special use permit application and shall specify
what modifications, if any, are necessary.[2]
D.
When an application for a special use permit involves
property that is within 500 feet of an adjacent municipality, as defined
in § 239-nn of the General Municipal Law, the Planning Board
shall give notice to the adjacent municipality by mail or electronic
transmission to the clerk of the adjacent municipality at least 10
days prior to any hearing.[3]
A.
No building permit shall be issued for any structure
regulated by this article until such special use permit has received
Planning Board approval and a copy of a resolution to that effect
has been presented to the Zoning Enforcement Officer.
B.
No certificate of occupancy or use shall be issued
for any structure or use of land covered by this article until the
structure is completed or the land developed in strict accordance
with the Planning Board resolution of special use permit approval
and applicable requirements of this chapter.
C.
Any use for which a special use permit may be granted
shall be deemed a conforming use in the district in which it is located,
provided that such permit shall be deemed to affect only the lot or
portion thereof for which such permit has been granted.
D.
The Planning Board may require in its resolution of
approval that a special use permit be renewed periodically. Such renewal
may be withheld only after public hearing and upon specific determination
by the Planning Board that such conditions as may have been prescribed
in conjunction with the issuance of the original permit have not been
or are no longer being complied with. In such cases, a period of 60
days shall be granted for full compliance by the applicant prior to
denying the renewal of the special use permit.
E.
The granting of a special use permit in a Flood-Fringe
Overlay (FF-O) District shall not be held to constitute a representation,
guarantee or warranty of any kind by the Town of Woodstock or by any
official or employee thereof regarding the practicability or safety
of any structure or use or the proper functioning of the proposed
facilities and plans and shall not be held to create a liability upon,
or cause of action against, such public body, official or employee
for any damage or injury that may result pursuant to such development
or use.
A.
Reasonable costs incurred by the Planning Board for private consultation fees, fees for technical and engineering services, legal fees, or other expenses in connection with the review of a proposed special use permit shall be charged to the applicant. Such reimbursable costs shall be in addition to the fee required in § 260-68A(4) above. The Planning Board shall make a reasonable estimate of the amount of expenses that it expects to incur during the course of each application for a special use permit. The amount so determined by the Planning Board shall be deposited by the applicant in escrow with the Town Clerk prior to the Planning Board's commencing any review of the application. If the amount so deposited is exhausted or diminished to the point that the Planning Board determines that the remaining amount will not be sufficient to complete the review of the application, the Planning Board shall notify the applicant of the additional amount that must be deposited with the Town Clerk. If the applicant fails to replenish the escrow account or there are unpaid amounts for which the applicant is responsible pursuant to this provision, the Planning Board, at its discretion, may:
B.
In no event, however, shall any special use permit
be issued until all such sums have been paid in full.
A.
A special use permit shall be deemed to authorize
only one particular special use and shall expire if the activity is
not commenced and diligently pursued within 12 months of the date
of issuance of the special use permit or if the special use ceases
for more than 12 months for any reason. Where the special use permit
activity has not commenced within 12 months of the date of issuance
of the special use permit, a twelve-month extension of the approval
may be granted prior to the expiration date by a majority vote of
the Planning Board upon written request by the applicant.
B.
If a condition of approval states that the special
use permit must be renewed periodically, the holder of the special
use permit shall submit to the Planning Board a written request that
the special use permit be renewed. Such request must be submitted
prior to the expiration date of the special use permit. The Planning
Board may renew the permit only upon the completion of a public hearing.
A use authorized by special use permit may be
revoked by the Planning Board if it is found and determined after
notice and a public hearing, held in a manner as provided for by law,
that there has been a failure to comply with any of the terms, conditions,
or requirements imposed by said special use permit.
Any person or persons jointly or severally aggrieved
by any decision of the Planning Board under this article may apply
to the Supreme Court of the State of New York for relief through a
proceeding under Article 78 of the Civil Practice Law and Rules (CPLR)
of the State of New York. Such proceeding shall be governed by the
specific provisions of Article 78, except that the action must be
initiated as provided therein within 30 days after the filing of the
Planning Board's decision in the office of the Town Clerk.
