A.
The Zoning Board of Appeals, as the case may be, is
authorized to require a traffic impact analysis for any development
that proposes to add 100 or more vehicles per day to the street.
[Amended 4-5-2022 by L.L. No. 1-2022]
C.
The Zoning Board of Appeals, during site plan review
and special use permitting procedures, shall evaluate the proposed
development for traffic impacts. The Board is authorized to require,
as needed, traffic calming features such as curb extensions, landscaped
medians, use of variable surface textures, and creation of frontage
or service roads to encourage slower traffic speeds and minimize traffic
access issues.
[Amended 4-5-2022 by L.L. No. 1-2022]
D.
The Board shall consolidate access points into commercial
lots wherever possible and encourage shared driveways or common access
points off streets.
E.
The Board shall promote interconnection of parking
lots and unified on-site circulation systems.
A.
Purpose. This section establishes standards for exterior
lighting in order to accomplish the following:
(1)
To provide safe roadways for motorists, cyclists,
and pedestrians;
(2)
To prevent against direct glare and excessive lighting;
(3)
To ensure that sufficient lighting can be provided
where needed to promote safety and security;
(4)
To prevent light trespass in all areas of the Village;
(5)
To protect the ability to view the night sky;
(6)
To allow for flexibility in style of lighting fixtures;
and
(7)
To provide lighting guidelines.
B.
Applicability. For new lighting, all exterior lighting
installed after the effective date of this article shall conform to
the standards established in this article. For existing lighting,
all existing exterior lighting installed prior to the effective date
of this article shall be brought into compliance with this article
within the following time frame:
(1)
All existing lighting located on a subject property
that is part of an application for design review, special use permit
review, subdivision review or building permit is required to be brought
into compliance prior to a certificate of occupancy being issued.
(2)
All other existing exterior lighting on property used
for commercial purposes and not in conformance with this article shall
be brought into compliance within 36 months of the effective date
of this article.
C.
General.
(2)
All nonessential exterior commercial and residential
lighting is encouraged to be turned off after business hours and/or
when not in use. Lights on a timer are encouraged.
(3)
Canopy lights, such as service station lighting, shall
be fully recessed or fully shielded so as to ensure that no light
is visible from or causes glare on a public right-of-way or adjacent
properties.
(4)
Area lights shall be eighty-five-degree full-cutoff-type
luminaires.
D.
Criteria.
(1)
Where used for security purposes or to illuminate
walkways, roadways, and parking lots, only shielded light fixtures
shall be used. On-site lighting should be located to avoid harsh glares
which distract the motorist's line of sight. The luminaire shall emit
no direct light above a horizontal plane through the lowest direct
light emitting part of the luminaire. Fully shielded fixtures are
required. The ratio of pole height to spacing shall be not more than
1:6 (for example, an eighteen-foot pole height and a pole-to-pole
spacing of 108 feet). The maximum height of the luminaire may not
exceed 18 feet.
(2)
Light fixtures used to illuminate flags, statues,
or any other objects mounted on a pole, pedestal or platform shall
use a narrow cone beam of light that will not extend beyond the illuminated
object.
(3)
Direct light emissions shall not be visible above
the building roofline for other upward directed architectural, landscape,
and decorative lighting.
(4)
Externally illuminated signs, including building identification signs, shall only use shielded light fixtures. No internally illuminated signs are permitted unless they are backlighted signs as follows: when signs are composed of individual backlit letters which are silhouetted against a softly illuminated wall or when signs have individual letters with translucent faces containing soft-lighting elements inside each letter. See also § 355-23, Signs.
(5)
All reasonable measures, such as altering pole height,
changing bulb type or using shielded fixtures, shall be taken to prevent
the projection of a nuisance glare onto neighboring properties. Outdoor
light fixtures properly installed and thereafter maintained shall
be directed so that there will be no objectionable direct light emissions.
(6)
At the property line of the subject property, illumination
from light fixtures shall not exceed 0.1 footcandle on adjacent residential
property or 0.5 footcandle on adjacent business property, measured
in a vertical plane.
[Amended 1-5-2010 by L.L. No. 1-2010]
(7)
The Zoning Board of Appeals shall use the following
table as recommended footcandles for safety and security:
[Amended 4-5-2022 by L.L. No. 1-2022]
|
Location
|
Average Maintained Footcandles
| ||
|---|---|---|---|
|
Roadways, local residential
|
0.4
| ||
|
Roadways, local commercial
|
0.9
| ||
|
Parking lots, residential
| |||
|
Vehicular traffic
|
0.5
| ||
|
Pedestrian safety, security, orientation
|
0.8
| ||
|
Parking lots, commercial
| |||
|
Vehicular traffic, medium activity lots
|
1.0
| ||
|
Vehicular traffic, high activity lots
|
2.0
| ||
|
Pedestrian safety, security, orientation
| |||
|
Medium activity lots
|
2.4
| ||
|
High activity lots
|
3.6
| ||
|
Walkways and bikeways
|
0.5
| ||
|
Building entrances and exits
|
5.0
| ||
|
Material storage access
|
5.0
| ||
(8)
The Zoning Board of Appeals may, as it deems appropriate,
require that lighting be controlled by automatic timing devices to
extinguish offending sources during specified periods to mitigate
glare consequences. The Zoning Board of Appeals may also require that
lighting, except for security lighting, be extinguished between the
hours of 11:00 p.m. and 6:00 a.m. for businesses that are not in operation
during that time.
[Amended 4-5-2022 by L.L. No. 1-2022]
(9)
Glare control shall be accomplished primarily through
the proper selection and application of lighting equipment. Only after
those means have been exhausted shall vegetation, fences, and similar
screening methods be considered acceptable for reducing glare.
(10)
Mercury vapor greater than 40 watts and quartz
lamps are prohibited light sources.
(11)
Poles and fixtures shall compliment the architectural
character of the development and surrounding area. In the CBD, poles
and fixtures matching those established along Main Street and Maple
Street shall be utilized for any proposed fixtures within the street
right-of-way.
(12)
Electrical feeds to lighting standards shall
be run underground not overhead.
(13)
Lighting standards in parking areas shall be
placed a minimum of five feet outside the paved lot area or five feet
behind perimeter tire-stop locations or mounted on concrete pedestals
at least 30 feet above the pavement or protected by other acceptable
means.
(14)
Directional lighting fixtures used for sign
lighting shall be mounted so they are aimed directly at the sign and
shall not cause light to shine outwards to cause glare that may be
dangerous to vehicles.
(15)
Lighting plans. Lighting plans shall be included
in site plan review. Lighting plans submitted for review and approval
for subdivision and land development and site plan review shall include
a layout of proposed fixture locations, footcandle data that demonstrates
conforming intensities and uniformities, and a description of the
equipment, glare control devices, lamps, mounting heights and means,
hours of operation, and maintenance methods proposed. Illumination
intensities shall be plotted on a ten-foot by ten-foot grid.
A.
Applicability and purpose. Existing vegetation and
new plantings help integrate new development in with existing, help
maintain visual quality, screen and buffer adjacent uses, and soften
or mitigate negative impacts of new development. All new commercial,
community uses and parking lots are required to meet landscape standards.
Landscape standards as outlined in this section are also required
for a change of use and major subdivisions.
B.
Criteria.
(1)
Buffers. Landscape buffers shall be provided between
all residential and new commercial uses. Buffers may include planted
trees and shrubs, berms, or existing vegetation. The width of such
buffer areas will depend upon the topography, scale of the use and
their location on the property and shall be determined by the Zoning
Board of Appeals at the time of project review. Landscaping shall
be an integral part of the entire project area and shall either buffer
the site from or integrate the site with the surrounding area or both.
[Amended 4-5-2022 by L.L. No. 1-2022]
(2)
Existing vegetation. Building placement and lot layout
shall be designed to relate to and incorporate existing mature vegetation.
Insofar as practical, existing trees and other desirable vegetation
shall be conserved and integrated into the landscape design plan.
(3)
Landscape components. Primary landscape treatment
shall consist of shrubs, ground cover and shade trees and shall combine
with appropriate walks and street surfaces to provide an attractive
development pattern. Selected landscape plants should be native to
the area to the extent practicable. Species identified as invasive,
as defined by Albany County Cooperative Extension, shall not be allowed
as new plantings.
(4)
Screening. Open storage areas, exposed machinery,
and areas used for storing and collecting rubbish shall be screened
from roads and surrounding land uses. Suitable types of screening
include wood fences and dense evergreen hedges of five feet or more
in height. Where evergreen hedges are proposed, a temporary fence
shall be built to provide screening until the evergreens are of sufficient
height to screen the object alone.
(6)
Streetscape standards. Streets shall be designed to
serve as a public space that encourages social interaction and that
balances the needs of all users, including pedestrians, bicyclists,
and motor vehicles.
(a)
Planting strips. Sidewalks shall be separated
from street edges or curbs by a planting strip three to six feet wide
and planted with grasses.
(b)
Shade trees shall be provided along each side
of all streets, public or private, existing or proposed, but not including
alleys, and at the expense of the owner of the subdivision. In locations
where healthy and mature shade trees currently exist, these should
be maintained and the requirements for new trees may be waived or
modified. Shade trees shall be not located in the planting strip between
the street curb and the sidewalk but to the outside of the sidewalk
away from the street where sidewalks are present. When a new street
has a sidewalk on only one side, the shade tree shall be planted at
the same distance from the street edge or curb on both sides of the
street.
[1]
Shade trees shall have a minimum caliper of
two inches measured at chest height at the time of planting and shall
be spaced a maximum of 30 feet on center, with exact spacing to be
evaluated on a site-specific basis.
[2]
No more than 40% of the street trees shall be
of one species. The particular species of shade trees shall be determined
upon specific location requirements. Species shall be selected to
cast moderate to dense shade in the summer, survive more than 60 years,
have a mature height of at least 50 feet, be tolerant of road salt,
and be insect- and disease-resistant. The following urban tolerant
street trees are recommended:
|
Green Ash
| |
|
Hackberry
| |
|
Little-leaf Linden
| |
|
Pin Oak
| |
|
Red Oak
| |
|
Thomless Honey Locust
| |
|
Village Green Zelkova
| |
|
Sycamore
| |
|
Red Maple
|
[3]
Street trees shall be irrigated and fertilized
for a minimum of two years after installation. Any tree that dies
within two years of planting or any tree that is removed shall be
replaced with the same species and size. The Zoning Board of Appeals
may require establishment of an escrow account to cover costs of replanting.
[Amended 4-5-2022 by L.L. No. 1-2022]
A.
Building design standards and guidelines.
(1)
General. The Village is compact and buildings are
relatively close together. These standards are in addition to all
requirements of the New York State Uniform Fire Prevention and Building
Code. It is not the intent of this section to discourage contemporary
architectural expression but rather to preserve the integrity and
authenticity of the given zoning district and to ensure the compatibility
of new structures within the existing district zoning. The standards
established in this section are for the purpose of promoting quality
development that is attractive, convenient and compatible with surrounding
uses and historic buildings in the Village. These standards are intended
to be general in nature and not to restrict creativity, variety or
innovation. During project development and review, attention should
be given to the compatibility of adjoining developments when reviewing
project proposals.
(2)
Applicability. These standards apply to all development
required to have site plan approval.
(3)
Context and compatibility. These standards and guidelines
establish an expectation that new development is similar in context
and compatible with existing development. Context and compatibility
with respect to neighborhood buildings can be judged by the following
major points of comparison:
(a)
Roof shapes, slopes and cornices are consistent
with the prevalent types in the area.
(b)
Rhythm of building spacing along the street
and overall scale are not interrupted.
(c)
Proportions for facades and window openings
are in harmony with the traditional types within the district.
(d)
Materials, textures, and colors are similar,
with natural and traditional building materials preferred.
(e)
Site details (porches, entrances, signs, landscaping,
lighting, screened parking and mechanical systems) complement traditional
examples in the area.
(4)
Building placement.
(a)
Buildings shall be designed so that entrance
doors and windows, rather than blank walls, garages, side walls or
storage areas, face the street. Blank walls for commercial applications
are discouraged but may be allowed at the discretion of the Zoning
Board of Appeals under certain circumstances such as when the structure
is along an alley or when facing another blank wall.
[Amended 4-5-2022 by L.L. No. 1-2022]
(b)
The front facade of the building shall be parallel
to the main street unless traditional orientation of buildings on
that street differs for the majority of buildings.
(c)
No residential parking area shall be located
in the front yard setback between a principal building and any public
street. If necessary due to specific site conditions, one row of parking
may be placed between the principal building and the public street
only if topography or a year-round vegetative buffer of sufficient
density to substantially limit the view of the parking lot screens
the parking lot.
(d)
Detached garages to the rear of buildings are
encouraged. Front-facing garages shall be located a minimum distance
in feet of 60% of the depth of the residence from the corner of the
front facade at the garage side of the principal building or be side-loaded,
if attached.
(e)
Build-to line. Buildings shall define the streetscape
through the use of setbacks along the build-to line for each block.
The function of the build-to line is to form a distinct street edge
and define the border between the public space of the street and the
private space of the individual lot. The build-to line shall fall
between the minimum and maximum front yard setbacks. In areas of existing
development where existing buildings fall within the minimum and maximum
front yard setbacks, the build-to line shall be designed to create
the greatest uniformity on the block. In areas of existing development
where existing buildings do not fall within the minimum and maximum
front yard setbacks, the build-to line shall be designed as the closest
line within the minimum and maximum front yard setbacks so as to create
as much uniformity on the block as possible.
(5)
Building scale.
(a)
The scale and mass of buildings shall be reviewed
by the Zoning Board of Appeals during site plan review and determined
to be compatible with that of adjacent and nearby buildings as viewed
from all exposed (public) vantage points.
[Amended 4-5-2022 by L.L. No. 1-2022]
(b)
In order to minimize the apparent scale of buildings
greater than 40 feet in width, facades facing the main street should
be broken by periodic setbacks and facade breaks, and rooflines should
include offsets and changes in pitch. Other design features such as
porches or cupolas, window bays, separate entrance and entry treatments,
or the use of sections that may project or be recessed may also be
used.
(6)
Building facades.
(a)
Exterior materials of new construction shall
be compatible with those traditionally used in the Village and may
include wood or wood-simulated (clapboard, board and batten or shingles),
vinyl, red common brick, natural stone, and man-made or processed
masonry materials if they simulate brick or stone and have the texture
and architectural features sufficiently similar to that of the natural
material to be compatible. Primary facade materials such as stucco,
sprayed-on textured surface finishes, modular metal panels, and concrete
blocks are not permitted.
(b)
The front facade of the principal building on
any lot shall face onto a public street.
(c)
A variety of architectural features and building
materials is encouraged to give each building or group of buildings
a distinct character.
(7)
Roof types and materials.
(a)
All roofs shall be pitched with a minimum pitch
of five inches' vertical rise for each 12 inches' horizontal run and
have a roof overhang of traditional proportions on all structures.
Mansard roofs are not acceptable.
(b)
Peaked or slope roof dormers and cupolas are
encouraged.
(c)
Roofing materials of slate, metal, asphalt or
fiberglass shingles or cedar shakes or composites that have the same
appearance as these materials are acceptable.
(d)
Porches, pent roofs, roof overhangs, hooded
front doors or other similar architectural elements that define the
front entrance to all residences are encouraged.
(e)
Multiple buildings within a development shall
have a variety of different roof overhang profiles proportioned to
replicate a traditional downtown street front rhythm.
(8)
Windows.
(a)
The spacing, pattern and detailing of windows
and window openings shall be reviewed by the Zoning Board of Appeals
during site plan review and determined to be compatible with adjacent
buildings, including historic buildings, where possible.
[Amended 4-5-2022 by L.L. No. 1-2022]
(b)
The relationship of the width of windows to
the height of windows in a building shall be visually compatible with
adjacent buildings.
(9)
Accessory equipment.
(a)
All roof-, wall- or ground-mounted mechanical equipment such as heating and air-conditioning units, exhaust fans, etc., shall be confined within the principal structure or within an area enclosed by a wall, screen, fence, berm or hedge of sufficient height and density to screen the equipment year round from view from adjacent streets, properties and parking lots. No equipment shall be located in front of a building, and the preferred location is to the rear of the building (see also § 355-19, Landscaping).
[Amended 1-5-2010 by L.L.
No. 1-2010; 7-2-2019 by L.L. No. 1-2019; 4-5-2022 by L.L. No. 1-2022]
The Zoning Board of Appeals shall consider issuing
a density bonus to developers willing to undertake utilization of
green building methods as per the following:
A.
Purpose. Pursuant to § 7-703 of the New
York State Village Law, the Village of Altamont hereby establishes
a program to encourage the use of sustainable building methods by
providing incentive(s) to applicants seeking approval of a subdivision
plat or site plan approval. The Zoning Board of Appeals may grant
zoning incentives that are in compliance with the Village of Altamont
Comprehensive Plan and with the provisions of this section. As set
forth below, the Zoning Board of Appeals has established standards
for the proper application of incentive zoning and the specific findings
that shall be made prior to approving an adjustment to the maximum
unit density requirements of this chapter.
B.
Applicability. The incentives set forth herein shall
be applicable within any zoning district except RCD, and shall apply
when an application for approval of a subdivision pursuant to the
Village of Altamont Subdivision Law[1] or an application for approval of a site plan pursuant
to this chapter has been made. Where an application seeks both subdivision
and site plan approval, the project shall be considered in its entirety
and incentives shall not be granted separately for both approvals.
Incentives shall be granted only when the community benefits or amenities
offered would not otherwise be required or likely to result from the
applicable planning process before the Zoning Board of Appeals. Such
benefits shall be in addition to any items that are or would be required
under other provisions of this chapter or state law, including any
mitigation measures required pursuant to the State Environmental Quality
Review Act.[2]
(1)
Incentives. Notwithstanding any contrary provision
of Village or state law or this chapter that limits or restricts the
maximum unit density of a proposed project or subdivision, an applicant
may apply for an incentive adjustment to the maximum unit density
requirements of this chapter in exchange for building, siting, and
construction of a "green" building as per the U.S. Green Building
Council's LEED Certification Program. An incentive of 20% may be given
for eligible projects.
(2)
Procedures and criteria for approval.
(a)
Authorization of a zoning incentive is subject
to the approval by the Zoning Board of Appeals prior to the grant
of preliminary plat or preliminary site plan approval. Applicants
may seek nonbinding input from the Zoning Board of Appeals as to whether
the proposal is worthy of consideration prior to the preliminary plat
or site plan application.
(b)
Applications for incentives in exchange for
sustainable amenities shall be submitted to the Zoning Board of Appeals.
In order to preliminarily evaluate the adequacy of amenities to be
accepted in exchange for the requested incentive, the following information
shall be given by the applicant:
[1]
The requested incentive.
[2]
The proposed amenity.
[3]
A narrative which describes the benefits to
be provided to the community by the proposed amenity.
[4]
A narrative which describes the method and adequacy
of sewer, water, transportation, waste disposal and emergency service
protection facilities in the zoning districts in which the proposal
is located to handle the additional demands the incentive and amenity,
if it is an on-site amenity, may place on these facilities beyond
the demand that would be placed on them if the parcel were developed
to its fullest potential under normal zoning within the district.
[5]
A narrative that explains how the amenity helps
implement the physical, social or cultural policies of the Village
of Altamont Comprehensive Plan.
(c)
Should the Zoning Board of Appeals decide to
recommend issuance of an incentive, the application shall be forwarded
within 45 days of receipt of the application to the Village Board
for an advisory opinion. The Village Board shall review the incentive
application and make an advisory opinion in writing to the Zoning
Board of Appeals as to whether the incentive should be accepted within
30 days after receipt. The Village Board's report and the application
will then be transferred back to the Zoning Board of Appeals for its
final decision on the application. The Zoning Board of Appeals' referral
to the Village Board shall include a report with the following information:
[1]
The Zoning Board of Appeals' recommendations
regarding the proposal, including an evaluation of the adequacy with
which the benefit(s) and incentive(s) for the site and how they relate
to adjacent uses and structures and that such benefit(s) would not
otherwise result as provided in the Village of Altamont Subdivision
Law or this chapter. The Zoning Board of Appeals' evaluation shall
be limited to planning, design and layout considerations or such other
issues as may be specifically referred to it by the Village Board.
It is not intended to serve as a site or subdivision review, which
would only occur after a decision by the Village Board on the incentive
zoning request.
[2]
A SEQRA determination as to whether the proposal
will have a significant impact on the environment.
[3]
An assessment that there are adequate resources,
sewer, water, transportation, waste disposal and emergency service
facilities to serve the proposed incentive development and that such
development will not substantially and deleteriously impact upon the
development prerogatives of neighboring lands pursuant to this chapter.
(d)
The Zoning Board of Appeals may engage a consultant
to assist in review of the application, the cost of which will be
borne by the applicant. Suggested modifications to the proposal may
also be provided by the Village Board.
(e)
Compliance with SEQRA. All applicable requirements
of the State Environmental Quality Review Act shall be compiled with
as part of the review and hearing process.
[1]
Every decision by the Zoning Board of Appeals
concerning an application for use of incentive zoning on a particular
project will fully comply with the provisions of SEQRA.
[2]
The applicant will submit an environmental assessment
form, Part 1, to the Zoning Board of Appeals.
[3]
The Zoning Board of Appeals will establish itself
as SEQRA lead agency for all applications submitted pursuant to this
section.
[4]
If a generic environmental impact statement
has been prepared by the Village Board in enacting or amending this
section, the applicant will pay a proportionate share of the cost
of preparing such impact statement.
(f)
Public hearing. Prior to its final decision
and in conjunction with its SEQRA review, the Zoning Board of Appeals
will conduct a public hearing in accordance with the standard procedures
for adoption of an amendment to this chapter. At least five days'
notice (14 days if a draft environmental impact statement or supplemental
environmental impact statement was required) of the time and place
of the hearing will be published in an official newspaper of the Village.
(g)
The Zoning Board of Appeals shall, before taking
action, refer the proposal for review and comment to other governmental
agencies as may be required and may refer the proposal to other Village
boards and officials for review and comment.
(h)
Following the public hearing and completion
of the SEQRA process, and within 45 days, the Zoning Board of Appeals
will approve, approve with modifications or conditions, or deny the
proposed incentive zoning application. A written statement of the
findings will be prepared by the Zoning Board of Appeals documenting
the basis of its decision. The findings will include, but not be limited
to, the following:
[1]
That the proposed adjustments would not have
a significant adverse impact on the property, or on adjoining property,
or on the neighborhood in which the property is situated.
[2]
That proper easements, surety or performance
guarantees, if necessary, between the applicant and the Village are
or will be in existence as of the date the final plat map is signed
by the Chairperson of the Zoning Board of Appeals.
[3]
That the proposed amenity provides sufficient
public benefit to provide the requested incentive.
[4]
SEQRA. That all requirements of SEQRA have been
met, including the required findings under that law.
[5]
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, without reducing the availability of such facilities
for projects permitted as of right under this chapter.
[6]
Public benefit. That the public benefit realized
by the amenity provided by the applicant is commensurate with the
incentive granted by the Village Board.
[7]
Project quality. That the project is in harmony
with the purpose and intent of this chapter and with the stated objectives
and will promote the purposes herein, that the project is sufficiently
advantageous to render it appropriate for grant of an incentive and
that the project will add to the long-term assets of the Village of
Altamont.
[8]
Comprehensive Plan. That the use of incentive
zoning for the particular project is consistent with the Comprehensive
Plan.
(i)
The Zoning Board of Appeals 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.
(j)
In no circumstances shall the Zoning Board of
Appeals be compelled to approve any amenity/incentive proposal, and
it may deny any such proposal in its sole discretion.
(k)
Upon approval, the applicant shall submit an updated plat or site plan showing the bonus lots approved under this section. Upon approval of the updated plat or site plan, the Zoning Board of Appeals is authorized to act on the application for preliminary and final approval pursuant to the Subdivision Regulations and/or § 355-36 (Site plan approval) of this chapter. The preliminary plat shall include bonus lots for consideration in the normal subdivision process.
A.
Purpose and requirements.
(1)
Off-street parking requirements serve several purposes.
The first is to ensure that adequate parking is provided on site so
as not to interfere with traffic or the safety of pedestrians. The
second is to ensure that the property on which the use is located
is not overdeveloped. It is a finding of the Village Board that the
construction of multilevel parking facilities may result in the overdevelopment
and use of property, inappropriate to the nature of the Village, and
shall not be allowed. Shared parking lots however are encouraged.
(2)
No building or other permit shall be issued until
plans and evidence are presented, reviewed and approved or conditionally
approved by the Zoning Board of Appeals to show the off-street parking
and loading requirements are to be fulfilled and that property is
and will be available for exclusive use as off-street parking and
loading space. The subsequent use of the property for which the permit
is issued shall be conditional upon the unqualified continuance and
availability of the amount of parking and loading space required by
this chapter.
[Amended 4-5-2022 by L.L. No. 1-2022]
B.
Off-street loading. Every institution, hotel, or commercial,
office, or industrial building hereafter erected or established having
a gross floor area of 10,000 square feet or more shall provide and
maintain at least one off-street loading space. Any use requiring
1/2 or more of a loading space shall be deemed to require the full
space. Each loading space shall not be less than 12 feet in width,
35 feet in length and 14 feet in height clearance. These requirements
apply to each separate occupancy and are exclusive of driveways, aisles
and other necessary circulation areas.
C.
Off-street parking.
(1)
Off-street parking spaces shall be provided and maintained
as set forth in this section for all uses in all zoning districts.
Such off-street parking spaces shall be provided at the time:
(a)
A new building is hereafter erected or enlarged.
(b)
A building existing on the effective date of this chapter is enlarged to the extent that the cost of construction exceeds 50% of the market value of the building as shown on the Town of Guilderland Assessor's record or to the extent that the building's capacity is increased by more than 50% in terms of units used in the "required parking spaces" column of Subsection D of this section.[1]
(c)
The use is changed to another use with greater
parking requirements.
(2)
Up to 20% of a proposed use's parking requirements
can be met by counting existing municipal parking lots or spaces that
are within 1/4 mile of the proposal's location.
D.
Number of spaces required.
(1)
Off-street parking spaces shall be provided as listed
below. In the case of a combination of uses, the total requirements
for off-street parking shall be the sum of the requirements for the
various uses, unless it is established that staggered hours of use
would justify modification. If a portion of a space is required, a
full space shall be provided. The Zoning Board of Appeals shall use
the following table to guide and shall determine the total number
of parking spaces at the time of application in consultation with
the applicant in order to prevent overbuilt parking lots. Limited
access to and shared use of parking lots are encouraged.
[Amended 1-5-2010 by L.L. No. 1-2010; 4-5-2022 by L.L. No. 1-2022]
|
Use
|
Requirement
| |
|---|---|---|
|
Residential
| ||
|
Single-family dwellings
|
2 spaces
| |
|
Two-family dwellings
|
4 spaces
| |
|
Multiple-family dwellings
|
1 1/2 spaces per dwelling unit
| |
|
Business-residential
| ||
|
Hotels and motels, clubs, lodges
|
1 space per guest room, plus 1 space per employee
(maximum shift)
| |
|
Bed-and-breakfast
|
2 spaces for the home, plus 1 space for each
guest room
| |
|
Institutions
| ||
|
Nursing care homes
|
1 space per 3 beds for patients or residents,
plus 1 space per each staff member (maximum shift)
| |
|
Places of public assembly
| ||
|
Churches
|
1 space per 4 seats or 8 feet of bench length
in the main auditorium
| |
|
Libraries, meeting rooms
|
1 space for every 200 square feet of gross floor
area, plus 1 space for each employee (maximum shift)
| |
|
Preschools, nurseries, day-care centers and
adult day-care centers
|
1 space per teacher and 1 space per 3 students
| |
|
Private colleges or schools, commercial schools,
nonresidential
|
1 space per teacher and 2 spaces per 3 seats
in classrooms
| |
|
Business amusements
|
4.5 spaces per 1,000 square feet of gross floor
area
| |
|
Business uses
| ||
|
Business uses, 1,500 square feet or less
|
1 space per 250 square feet of gross floor area
| |
|
Public garages
|
3 spaces for each service bay, plus 1 space
for each employee (maximum shift)
| |
|
Gasoline service stations
|
1 space for each gas pump nozzle and 1 space
for each service bay, plus 1 space for each employee (maximum shift)
| |
|
Supermarkets, grocery stores
|
1 space per 300 square feet of gross floor area,
plus 2 spaces for each 3 employees
| |
|
Convenience store
|
1 space per each 100 square feet of gross floor
area.
| |
|
Service or repair shops, retail stores and outlets
selling furniture, automobiles or other bulky merchandise where the
operator can show that bulky merchandise occupies the major area of
the building
|
1 space per 200 square feet of gross floor area,
plus 1 space for each employee (maximum shift), plus 1 space for each
auto or piece of farm equipment available for sale
| |
|
Retail stores not selling bulky merchandise
and over 1,500 square feet
|
1 space per 150 square feet of gross floor area,
plus 1 space for each employee (maximum shift)
| |
|
Banks, offices, professional offices, medical/dental
offices
|
1 space per 300 square feet of gross floor area,
plus 1 space per employee (maximum shift)
| |
|
Restaurants, sit-down
|
1 space per 3 seats, plus 1 space per each employee
(maximum shift) or 1 space per 100 square feet gross floor area, plus
1 space per employee (maximum shift), whichever is greater
| |
|
Bars or restaurants with bar
|
1 space per 2 seats, plus 1 space per employee
(maximum shift) and 1 space per 20 square feet of standing room
| |
|
Mortuaries, funeral homes
|
1 space for each 100 square feet of gross floor
area up to 500 square feet, plus 1 additional space for each 100 square
feet or fraction thereof in excess of 500 square feet
| |
|
Public utilities
|
1 space for each employee (maximum shift)
| |
|
Industrial storage, warehouse, manufacturing
establishment, air, rail or trucking freight terminal
|
1 space per employee (maximum shift)
| |
|
Research development laboratories
|
1 space for each employee (maximum shift), plus
1 visitor space for every 600 square feet of gross floor space
| |
|
Wholesale establishments
|
1 space per employee (maximum shift), plus 1
space per 700 square feet of patron service area
| |
(2)
Other uses not specifically listed above shall furnish
parking as required by the Zoning Board of Appeals. The Zoning Board
of Appeals shall use the list above as a guide for determining requirements
for said other uses.
[Amended 4-5-2022 by L.L. No. 1-2022]
(3)
The off-street parking requirements of two or more
uses, structures or parcels of land may be satisfied by the same parking
or loading space used jointly to the extent that it can be shown by
the owners or operators of the uses, structures or parcels that their
operations and parking needs do not overlap in point of time. If the
uses, structures or parcels are under separate ownership, the right
to joint use of the parking space must be evidenced by a deed, lease,
contract or other appropriate written document to establish the joint
use.
E.
Location of parking facilities. Off-street parking
for dwellings shall be located on the same lot as the dwelling. On-street
parking spaces eligible to be counted towards parking requirements
shall be within 1/4 mile of the proposed location. Not more than 20%
of the required parking shall be satisfied with available municipally
provided parking lots. The burden of proving the existence of such
off-premises parking arrangements rests upon the person who has the
responsibility of providing parking.
F.
Use of parking facilities.
(1)
Required parking space shall be available for the
parking of operable passenger automobiles of residents, customers,
patrons and employees only. Businesses that require parking lots for
storage of vehicles, equipment, or materials or for the parking of
vehicles used in conducting the business or use shall provide such
parking lots in addition to the parking needed for customers and employees.
[Amended 1-5-2010 by L.L. No. 1-2010]
(2)
Automotive vehicles or trailers of any kind or type
without current license plates shall not be parked or stored on any
property other than in completely enclosed buildings. No trailer may
be parked within the front or side yards at any time. However, one
boat, utility or one travel trailer may be stored in the rear yard,
only if it has a current license.
[Amended 2-1-2011 by L.L. No. 1-2011]
(3)
Recreational vehicles (RV) with current license plates
may be stored in the rear yard or in the side yard.
(4)
In all residential districts, external storage of
commercial vehicles, industrial equipment and materials is prohibited.
In such districts, external parking of commercial vehicles between
the hours of 10:00 p.m. and 6:00 a.m. is prohibited except when such
parking is incidental and reasonably necessary to the performance
of service at the time of such parking.
G.
Parking in front yards.
(1)
Unless otherwise provided, required parking and loading
spaces shall not be located in a required front yard, except in the
case of a single- or two-family dwelling where such parking may be
permitted only in a driveway.
(2)
In all districts off-street parking spaces on corner
lots shall be set back from one side street line a distance of not
less than 20 feet.
H.
Development and maintenance standards for off-street
parking areas.
(1)
Development standards. Every parcel of land hereafter
used as a public or private parking area, including commercial parking
lots, shall be developed as follows:
(a)
A parking space shall have a minimum rectangular
dimension of not less than nine feet in width and 18 feet in length
for angle and ninety-degree parking and nine feet in width and 22
feet in length for parallel parking. Aisle widths shall be established
as follows: twelve-foot aisle width for one-directional flow and twenty-four-foot
aisle width for two-directional flow for parallel parking and twenty-six-foot
aisle width for forty-five-degree, sixty-degree and ninety-degree
parking. All dimensions shall be exclusive of driveway, aisles and
other circulation area. With respect to existing commercial establishments
operating prior to the effective date of this chapter, such establishments
may comply with the parking space size requirements contained in this
chapter without obtaining permission from the Zoning Board of Appeals.
[Amended 4-5-2022 by L.L. No. 1-2022]
(b)
Any parking area which is intended to be used during nondaylight hours shall be properly illuminated to avoid accidents. Any lights used to illuminate a parking lot shall be so arranged as to reflect the light away from all adjoining property. All lighting standards of § 355-18 shall apply to parking lots.
(c)
Except for single-family dwellings, any parking
area shall be designed in such a manner that any vehicle leaving or
entering the parking area from or into a public or private street
shall be traveling in a forward motion. Access to driveways for parking
areas or loading spaces shall be located in such a way that any vehicle
entering or leaving such lot shall be clearly visible for a reasonable
distance to any pedestrian or motorist approaching the access or driveway
from a public or private street.
(d)
Except for single-family dwellings, the required
number of parking and loading spaces as set forth in this section,
together with aisles and other circulation areas, shall be improved
with acceptable impervious material to provide a durable and dust-free
surface.
(e)
All parking and loading areas shall provide
for proper drainage of surface water to prevent the drainage of such
water onto adjacent properties or walkways.
(f)
Buffering of parking lots from adjacent residences shall be accomplished through generous landscaping [see Subsection H(1)(j) below]. Where site limitations necessitate that parking areas greater than 10 vehicles be located adjacent to a public road, a berm or hedge at least 30 inches in height above grade at the time of planting shall be installed to screen the view of parking areas from the road or street. Existing vegetation, which is proposed for preservation, may also be used to screen the view of parking areas.
(g)
Cross-access easements for adjacent properties
with interconnected parking lots shall be required, in language acceptable
to the Village Attorney.
(h)
No off-street parking shall be permitted in
the front yards of buildings, nor shall off-street parking be permitted
on corner lots except when screened.
(i)
Any off-street parking space or parking lot
in the main street area that abuts a sidewalk shall be buffered from
the sidewalk by a landscaped area.
(j)
Landscaping shall, to the extent practicable,
be used to screen all parking lots and parking areas from all public
roads, paths and private streets. Factors such as the size of the
parking area, direction and elevation from which it can be viewed,
the viewer's position, the season and the distance of the lot from
the view must be considered when determining the type, height, width
and density of the plant materials to be used. Existing vegetation
may be incorporated into the parking lot landscape plan. Shade trees
located within the parking lot in appropriate landscape islands shall
be planted at the ratio of one tree per 10 parking spots.
(k)
All landscaping must be maintained to be effective.
(2)
Traffic and parking control standards. Owners of premises
containing off-street parking and loading areas shall be ordered by
the Zoning Board of Appeals to conform to any or all of the following
standards relating to traffic and parking controls on said premises
where such conformance is deemed necessary by the Zoning Board of
Appeals, in its discretion, to promote the public health, safety and
welfare and to ensure the safe and nonhazardous use of such premises:
[Amended 4-5-2022 by L.L. No. 1-2022]
(a)
As may be required pursuant to the New York
State Building Code, fire lanes shall be established and maintained
in the parking area at the front, side and rear of all buildings and
structures on the site and properly painted and marked as such. Vehicular
parking and standing is prohibited in a fire lane.
(b)
Traffic lanes for the control and regulation
of automobile, truck, bicycle, other vehicle and pedestrian flow in
the parking area shall be established and maintained and properly
delineated through the use of pavement markings, speed limit signs
or median strips.
(c)
Parking lanes for parking spaces shall be established
and maintained in the parking area and shall be properly painted and
marked as such.
(d)
Provisions shall be made on the premises for
the parking of bicycles.
(e)
Parking spaces in the parking area shall be
set aside and designated for handicapped persons and ramp facilities
provided where necessary.
(f)
Provision shall be made for the safe movement
of pedestrians while in the parking area or accessory area through
the use of walkways, medians and crosswalks.
(g)
Curbing and traffic barriers or islands shall
be built where necessary and maintained so as to enforce desired traffic
patterns within the parking area. Where possible, traffic islands
shall contain vegetation and landscaping conducive to growth in a
parking area environment.
(h)
Stop signs or yield signs shall be erected or
painted on the pavement at entrance or exit locations of a parking
area or at intersections within the parking area where required for
traffic safety.
(3)
Maintenance regulations. Any owner of premises containing
an off-street parking and/or loading area shall comply with the following
regulations:
(a)
All roads, sidewalks, driveways and parking
areas used in connection with the premises must be kept in proper
repair, free of potholes where paved and free from refuse, snow and
ice, except that snow may be piled on the premises so long as it does
not interfere with the internal circulation and parking of the parking
area and sidewalks and does not hinder driver vision where entering
or leaving the premises.
(b)
The premises must be kept free and clear of
ashes, dirt, debris, rubbish, garbage, refuse and other obstructions
and must be kept properly repaired and maintained.
(c)
Fire lanes, traffic lanes and parking lines
for parking spaces, where required, shall be maintained and properly
painted and marked so that such lanes and lines will be clearly visible
to vehicle operators and pedestrians.
(e)
All fences, signs, screening, curbing, traffic
barriers and islands, trees, grass, shrubbery, landscaping, retaining
walls, slopes and other space used in connection with the premises
must be maintained and/or repaired.
(f)
All water drains and water drainage systems
used in conjunction with the premises must be kept clean and in proper
working order.
(g)
All stormwater retention ponds and systems related
thereto used in connection with the premises shall be maintained in
proper working condition.
(h)
All exterior areas on subject premises must
be kept free and clear of the storage of goods, wares and merchandise
unless otherwise permitted by the Zoning Board of Appeals. Loading
and unloading are to be done in designated zones only.
[Amended 4-5-2022 by L.L. No. 1-2022]
(i)
There shall be, at convenient places for use
by the public, proper trash receptacles to service the parking area,
which shall be sufficiently serviced to prevent overflow.
(j)
Where required, facilities for the parking of
bicycles on the premises and parking spaces and related ramp facilities
for handicapped persons shall be maintained and properly designated.
(k)
Traffic and parking control standards to which owners of the premises have conformed under Subsection H(2) of this section must be maintained.
(l)
Engineering requirements, landscape plans, parking
and traffic control plans or any other criteria or requirements upon
which the approval of a site plan or special permit for the premises
is obtained from the Zoning Board of Appeals must be adhered to at
all times.
[Amended 4-5-2022 by L.L. No. 1-2022]
I.
Administration. The standards set forth in Subsection H(2) of this section shall be applied by the Zoning Board of Appeals on application by an owner of property for site plan approval or on application for a special use permit, where such property would contain off-street parking and loading areas.
[Amended 4-5-2022 by L.L. No. 1-2022]
A.
Purpose and scope.
(1)
The purpose of this section is to provide standards
to safeguard life, health, property and public welfare by controlling
the number, location, construction, installation, illumination and
maintenance of all signs and sign structures in the Village of Altamont.
(2)
It is the further purpose of this section to control
the quality and quantity of signs so as to enhance the identification
of the various business and professional enterprises in the Village
and improve the visual quality of the community. It is the design
of the Village that all persons concerned with the location, design
and regulation of signs give full consideration as to the impact that
signs have on the visual quality and character of Altamont.
B.
Procedures for sign permits.
(1)
After the effective date of this chapter and except
as otherwise herein provided, no person shall erect, enlarge, change
colors, cover or structurally alter any sign without first obtaining
a permit therefor from the Zoning Board of Appeals.
[Amended 1-5-2010 by L.L. No. 1-2010; 2-1-2011 by L.L. No.
1-2011; 4-5-2022 by L.L. No. 1-2022]
(a)
Applications for sign permits shall be made,
in writing, upon forms provided by the Building Inspector, by the
owner, lessee or erector and be accompanied by a scale drawing showing
dimensions, proposed design, calculated signage area, the legend,
color, materials, structural details and a tract or plat location
map delineating the location of highway right-of-way lines, buildings,
parking areas, other signs on the same property, frontage of each
unit and/or any fences or other obstructions in relation to the designated
location of the proposed sign. Lessee or erector applicants shall
evidence approval of the owner for such erections.
(b)
Before approving a sign permit, the Zoning Board
of Appeals shall find that the applicant has demonstrated the following
facts to be true:
[1]
The proposed sign(s) is (are) in harmony with
the standards for permitted signs and within the spirit of this chapter.
[2]
The proposed sign shall be comparable with the
neighborhood environment and character and shall not be detrimental
to adjacent property.
[3]
The proposed sign does not, by reason of its
location, create a hazard of any nature to the public in general or
to any adjacent owner or occupant.
[4]
The proposed sign(s) does (do) not in any way
interfere with the lawful and aesthetic enjoyment of the public highway
or of adjacent property.
(c)
Prior to the issuance of any permit for the
erection, enlargement or structural alteration of a sign, a fee shall
be paid in accordance with the schedule of fees established by the
Village Board.
(d)
No permit issued under the terms of this section
shall be transferable to any person other than the original applicant
without the consent of the Zoning Board of Appeals.
(e)
A sign permit shall become null and void if
the work for which the permit was issued has not been started within
a period of six months after the date of issue of the permit.
(f)
The Building Inspector shall require the proper
maintenance of all signs. Such signs, together with their supports,
shall be kept in good repair. The display surfaces shall be kept neatly
painted at all times. The Building Inspector may order the removal
of any sign that is not maintained in accordance with the provisions
of this chapter. Painting, repainting, cleaning or repair maintenance
shall not be considered an erection or alteration which requires a
permit unless a structural change is made.
(g)
The Building Inspector is authorized to issue
a sign permit for any sign which replaces an existing sign and which
is not different with respect to size, color and/or design and which
is in compliance with existing zoning regulations.
(2)
Where the Building Inspector finds that any sign no
longer advertises an existing business conducted upon the premises
on which such sign is located, he/she may direct the owner or occupant
of the premises to remove such sign.
C.
General provisions.
(1)
Illuminated signs or lighting devices may be permitted,
provided that such signs employ only lights emitting a constant intensity,
and no sign shall be illuminated by, or contain, a flashing or moving
light or lights.
(2)
In no event shall an illuminated sign or lighting
device be so placed or directed as to permit beams and illumination
therefrom to be directed or beamed upon a public street, highway,
sidewalk or adjacent premises so as to cause glare or reflection that
may constitute a traffic hazard or nuisance to adjoining properties.
A New York State Board of Fire Underwriters certificate shall be submitted
for every electrically illuminated sign.
(3)
Except as may be permitted by this chapter, the use
of pennants, banners, spinners, streamers, moving signs or flashing,
glittering or reflective, animated or rotating signs of similar eye-catching
devices shall not be permitted. Preexisting signs in the above category
shall conform to this revised regulation immediately upon the change
of use request for an amendment to this sign permit.
(4)
No bizarre, caricature, offensive or vulgar signs
shall be permitted.
(5)
No roof signs shall be permitted.
(6)
No on- or off-premises billboard or commercial advertising
signs shall be permitted.
(7)
No sign shall be erected or maintained so as to prevent
ingress or egress from any door, window or fire escape or so as to
prevent free access from one part of a roof to any other part.
(8)
No sign other than safety-related signs shall be attached
to a fire escape.
(9)
No painted wall signs shall be permitted.
(10)
No sign shall be erected in such a manner as
to confuse or obstruct the view of any traffic sign, signal or device.
(11)
No sign of any size or description, except traffic
signs placed by public agencies, may be erected, placed or maintained
or overhung within the highway limits of any public way or within
30 feet of the center line of any public highway within the Village
of Altamont.
[Amended 2-1-2011 by L.L. No. 1-2011]
D.
Signs in residential districts. No signs shall be
permitted in any residential districts except the following:
(1)
One nameplate sign not exceeding two square feet in
area indicating the name and address of the occupant.
(2)
Where a home occupation is permitted by this chapter,
nameplate signs may be used to identify the home occupation. Such
signs shall not exceed two square feet in area and shall be building-mounted.
The sign shall only indicate the nature of the home occupation. No
pictorial, graphic or representational media shall be permitted.
(3)
For multiple-dwelling projects, one sign, building-
or ground-mounted, indicating the name of the project may be permitted.
Such sign shall not exceed 25 square feet in area or per side if double-faced.
(4)
Ground- or building-mounted projection signs shall
not obstruct the view of vehicles. Building-mounted projection signs
shall not be located on the roof of any building or project above
the roofline.
[Amended 2-1-2011 by L.L. No. 1-2011]
(5)
Signs advertising the prospective sale of a single
residence or apartments for rent may be placed on the premises to
be sold or rented, with the name of the persons effecting the sale
or rental, provided that:
(a)
The size of any sign shall not exceed an area
of six square feet per side of a two-faced sign.
(b)
No more than one such sign shall be placed upon
any property.
(c)
Such signs shall not be closer than 10 feet
to any lot line.
[Amended 1-5-2010 by L.L. No. 1-2010]
(d)
"For sale" signs shall be removed within 24
hours of such sale.
[Amended 2-1-2011 by L.L. No. 1-2011]
(6)
Signs indicating the private nature of driveways or
trespassing signs shall be permitted, provided that the size of any
such sign shall not exceed two square feet. Such signs shall not be
less than five feet from any street or property line.
(7)
Signs accessory to parking areas, designating entrances
and exits to and from a parking area and limited to one sign for each
such exit and entrance and to a maximum size of two square feet each,
shall be permitted.
(8)
One sign per parking area, designating the conditions
of use or identity of such parking area and limited to a maximum size
of nine square feet, shall be permitted, provided that on a corner
lot two such signs shall be permitted, one facing each street. No
parking area sign shall be less than 10 feet from any street or property
line.
E.
Signs in the B, RPO, and CBD Districts. Business signs
may be permitted within commercial districts, provided that the following
requirements are met:
(1)
General requirements.
(a)
Business sign(s) shall be located on the same
premises as the business or profession to which it (they) refer(s).
(b)
Business sign(s) shall be securely attached
to the building or to structurally sound standards and shall not project
above the roofline.
(c)
Not more than two signs per business unit having
a total face area of not more than one square foot per linear foot
of width for each foot of principal storefront of the lot may be displayed,
but not to exceed a total area of 25 square feet. Such signs shall
not project more than five feet beyond the principal on the lot, and
there shall be not more than one projecting sign per business unit;
provided, further, that such signs shall not extend more than 20 feet
above the ground level, measuring from the top of the sign.
[Amended 2-1-2011 by L.L. No. 1-2011]
(d)
No representational sign shall be permitted
in any district.
(e)
Freestanding signs which exceed six square feet
in area per side shall only be permitted on frontages of 100 feet
or more and shall not be closer than 100 feet to any other freestanding
sign which is greater than six square feet in area.
[Amended 12-4-2012 by L.L. No. 3-2012]
(f)
Suitable landscape planting shall be placed
and maintained at the base of all freestanding signs. Such signs and
adjacent grounds shall be kept neat, clean, inoffensive and in good
repair.
(g)
Freestanding signs shall be set back not less
than five feet from the street right-of-way line, 15 feet from any
adjacent commercial or industrial property and 25 feet from any adjacent
residential property.
[Amended 2-1-2011 by L.L. No. 1-2011]
(h)
Time and temperature devices may be permitted
in all commercial districts subject to the requirements of this chapter
regulating wall, freestanding and/or projecting signs.
(2)
Other signs.
(a)
Signs used in connection with the sale, rental
or improvement of real property may only be located on the premises
to be sold, rented or improved. Said signs shall not exceed one sign
of 12 square feet or two signs of six square feet in area for each
development.
(b)
Signs accessory to parking areas, designating
entrances and exits to and from a parking area and limited to one
sign for each such exit and entrance and to a maximum size of two
square feet each, shall be permitted.
[Amended 1-5-2010 by L.L. No. 1-2010]
(c)
Each business or industrial use shall prominently
display property address numbers on the face of each structure in
such a manner and made of such material that would easily facilitate
the recognition of addresses from structure to structure from a moving
vehicle. Such address numbers shall not exceed four square feet in
area and one foot in height.
(d)
One sign per parking area designating the conditions
of use or identity of such parking areas and limited to a maximum
size of nine square feet shall be permitted, provided that on a corner
lot two such signs shall be permitted, one facing each street. No
parking area sign shall be less than 10 feet from any street or property
line.
(e)
Sandwich signs, as defined in Article 11, shall
be allowed only when displayed during regular operating hours of the
business and shall be placed on the sidewalk in a location that does
not impede pedestrian flow or sight distance or create a hazard.
[Amended 2-1-2011 by L.L. No. 1-2011]
F.
Temporary signs permitted in any district upon issuance
of a temporary permit by the Building Inspector.
(1)
Signs during construction or in connection with a
real estate development may be permitted for a temporary period of
not more than six months, provided that such signs do not exceed 32
square feet. Permits required for such signs may be renewed for an
additional period of like duration under the same procedures and conditions
as required for the original permit.
(2)
Temporary signs up to 32 square feet in area advertising
any educational, charitable, civic, professional, religious or like
campaign or event may be erected on the issuance of a temporary permit
for a period not to exceed 14 consecutive days prior to the event.
No more than three such temporary permits shall be issued to an organization
during any 12 consecutive months. Signs authorized under the provisions
of this section shall be permitted to have banners, subject to approval
of the Building Inspector, and all such temporary signs shall be removed
within 48 hours after the event.
(3)
Posters announcing candidates seeking public elected
office and other data pertinent thereto shall be permitted. Such posters
and/or signs shall not exceed 12 square feet in area or per side if
double-faced. Such signs shall be erected not more than 21 days before
the election and shall be removed within four days after the election.
(4)
Temporary signs shall not be attached to fences, trees,
utility poles, bridges or traffic signs and shall in no way obstruct
or impair vision or traffic in any manner or create a hazard or disturbance
to the health and welfare of the general public.
G.
Exemptions. The following types of signs are exempted
from the provisions of this chapter except for construction and safety
regulations and the following requirements:
(1)
Public signs. Signs of a noncommercial nature and
in the public interest, erected by or on the order of a public officer
in the performance of his/her public duty, such as safety signs, danger
signs, trespassing signs, traffic signs, memorial plaques, signs of
historical interest and the like, shall be permitted.
(2)
Integral. Names of buildings, dates of erection, monumental
citations, commemorative tablets and the like, when carved into stone,
concrete or similar material or made of bronze, aluminum or other
permanent-type construction and made an integral part of the structure,
shall be permitted.
A.
Purpose. Fences, hedges, and plantings used as screening
serve properties by providing privacy and security, defining private
space and enhancing the design of individual sites. Fences also affect
the public by impacting the visual image of the streetscape and the
overall character of neighborhoods. This chapter regulates the design
and siting of fences, hedges and plantings used as screening to achieve
a balance between the private concerns for privacy and site design
and the public concerns for enhancement of the community appearance
and to ensure the provision of adequate light, air and public safety.
B.
Fences, hedges and screen plantings shall be permitted
or, alternatively, shall be required as provided in this section.
C.
Fences. No fence more than three feet high shall be
permitted within the front yard; no fence more than four feet high
shall be permitted in the side yard, between the front and the rear
building lines; and no fence more than six feet high shall be permitted
behind the rear building line in any residential district, except
that a fence of no more than six feet high may be erected on the surface
of a deck behind the rear building line in any residential district,
provided that the deck does not project beyond the side yard foundation
walls of the dwelling erected on the lot. A fence or other buffer,
up to eight feet, shall be required along the boundary line between
a residential and a business or light industry district. The finished
side of the fence shall face outwardly from the property being fenced.
A building permit is required for all fencing. A special use permit
from the Zoning Board of Appeals is required for fencing the front
yard of a property or within 35 feet of a road intersection to ensure
sight clearance for safety purposes.
[Amended 1-5-2010 by L.L.
No. 1-2010; 4-5-2022 by L.L. No. 1-2022]
D.
Buffers, berms and screen plantings. Buffers, berms
and screen plantings shall be provided as set forth below:
(1)
A buffer area of at least 20 feet shall be provided
along the boundary line between any residential district and any business
district (RPO, B or CBD).
(2)
Such buffer areas shall contain screen plantings of
trees, hedges, shrubs, etc., to provide a visual and sound buffer
between the different districts.
A.
There shall be a one-hundred-foot buffer between the
stream bank of the Bozenkill Creek or Black Creek or their tributaries
and any site disturbance. All wooded or other natural vegetation shall
remain undisturbed within this buffer.
B.
There shall be a one-hundred-foot undisturbed buffer
between the shoreline of the reservoir and any development.
A.
All land development activities subject to review
and approval by the Zoning Board of Appeals of the Village of Altamont
under subdivision, site plan, and/or special permit regulations resulting
in a disturbance of greater than one acre shall be reviewed subject
to the standards contained in this section.
[Amended 4-5-2022 by L.L. No. 1-2022]
B.
The reviewing board shall require development of a
stormwater management and erosion control plan for construction activities
pursuant to the New York State Department of Environmental Conservation
State Pollutant Discharge Elimination System (SPDES) General Permit
for Construction Activities GP-O2-01 or as amended or revised.
C.
This section shall be applicable to all commercial
development projects proposing equal to or greater than one acre of
disturbance and all residential development projects proposing equal
to or greater than five acres of disturbance. This section shall also
be applicable to all projects that are proposed to be constructed
in phases.
D.
The municipality shall designate the Building Inspector
to accept all erosion and sediment control plans (E&SC) and stormwater
pollution prevention plans (SWPPP) and shall forward such plans to
the Village-designated engineer. The Village engineer may review the
plans, specifications and related documents at a cost not to exceed
a fee schedule established by the Village Board which shall be paid
for by the applicant.
E.
All land development activities not subject to site
plan review, special use permits, or subdivision approval shall also
be required to submit a SWPPP to the Building Inspector, who shall
approve the SWPPP if it complies with the requirements of this chapter.[2]
F.
Exemptions. The following activities may be exempt
from review under this section:
(1)
Agricultural activity as defined in this chapter.
(2)
Forestry activity, except that landing areas and log
haul roads are subject to this section.
(3)
Routine maintenance activities that disturb less than
five acres and are performed to maintain the original line and grade,
hydraulic capacity or original purpose of a facility (i.e., mowing).
(4)
Repairs to any stormwater management practice or facility
deemed necessary by the Building Inspector.
(5)
Any part of a subdivision if a plat for the subdivision
has been approved by the Village of Altamont on or before the effective
date of this section.
(6)
Land development activities for which a building permit
has been approved on or before the effective date of this section.
(7)
Cemetery graves.
(8)
Installation of fence, sign, telephone, and electric
poles and other types of posts or poles.
(9)
Emergency activity immediately necessary to protect
life, property or natural resources.
(10)
Activities of an individual engaging in home
gardening by growing flowers, vegetables and other plants primarily
for use by that person and his or her family.
(11)
Landscaping and horticultural activities in
connection with an existing structure.
G.
Stormwater pollution prevention plan. All stormwater
pollution prevention plans shall be prepared as per the New York Standards
and Specifications for Erosion and Sediment Control (Empire State
Chapter of the Soil and Water Conservation Society, 2004, most current
version or its successor, hereafter referred to as the "Erosion Control
Manual"), as per the New York State Stormwater Management Design Manual
(New York State Department of Environmental Conservation) most current
version or its successor, and as per the Instruction Manual for Stormwater
Construction Permit (New York State Department of Environmental Conservation),
most current version or its successor.
H.
Maintenance agreements. The Village of Altamont shall
approve a formal maintenance agreement for stormwater management facilities
binding on all subsequent landowners and recorded in the office of
the County Clerk as a deed restriction on the property prior to any
final plan approval. The maintenance agreement shall be in a form
acceptable to the Village Attorney. The Village of Altamont, in lieu
of a maintenance agreement, at its sole discretion, may accept dedication
of any existing or future stormwater management facility, provided
that such facility meets all the requirements of this chapter and
includes adequate and perpetual access and sufficient area, by easement
or otherwise, for inspection and regular maintenance.
I.
The Zoning Board of Appeals (for subdivision, special
use, site plan review and variances) shall, to the maximum extent
practical, require use of low-impact development techniques to manage
stormwater within the Village as follows:
[Amended 4-5-2022 by L.L. No. 1-2022]
(1)
The reviewing board shall:
(a)
Permit the location of bioretention areas, rain
gardens, filter strips, swales, and constructed wetlands in required
setback areas and in buffer strips.
(b)
Permit and encourage use of filter strips, grass
swales, bioretention cells, use of permeable surfaces, and soil amendments
to the maximum extent practical.
(c)
Permit use of permeable paving for parking stalls
and spillover parking areas.
(d)
Permit utilization of shared parking for uses
with different peak demand periods (e.g., office peak demand period
9:00 a.m. to 5:00 p.m.; housing peak demand period 6:00 p.m. to 8:00
a.m.) and allow reduction of parking requirements if shared parking
is proposed.
(e)
Permit the use of common driveways to serve
up to four houses.
(f)
Allow bioretention areas, filter strips, swales,
and constructed wetlands to count towards the fulfillment of site
landscaping/open space requirements.
(g)
Require driveway width to be no more than nine
feet.
(h)
Permit use of pervious material for single-family
driveways (porous pavers, paving stones, pervious asphalt or concrete)
and/or use of two-track design for residential driveways.
(i)
Encourage developer to limit clearing within
the right-of-way to the minimum necessary to construct roadway, drainage,
sidewalk, and utilities and to maintain sight lines; do not require
clearing and grubbing of entire right-of-way.
(j)
Require contractors to reestablish permeability
of soils that have been compacted by construction vehicles. For example,
contractor can rototill lawn areas prior to seeding to reestablish
void space (hence permeability and infiltration) of the soils.
A.
Purposes. The purposes of this section are to:
(1)
Provide for the preservation of green space as a nonstructural
stormwater runoff and watershed protection measure and retention and/or
development of low-impact recreational opportunities as established
in the Village of Altamont's adopted Comprehensive Plan.
(2)
Provide residential development which permits flexibility
of design in order to promote environmentally sensitive and efficient
uses of the land as established in the Village of Altamont's adopted
Comprehensive Plan.
(3)
Preserve in perpetuity unique or sensitive natural
resources such as floodplains, wetlands, streams, steep slopes, and
woodlands as established in the Village of Altamont's adopted Comprehensive
Plan.
(4)
Permit clustering of houses and structures on less
environmentally sensitive lands.
(5)
Reduce erosion and sedimentation by minimizing land
disturbance and removal of vegetation in residential development.
(6)
Promote construction of convenient landscaped walking
trails and bike paths both within the subdivision and connected to
neighboring communities, businesses, and facilities to reduce reliance
on automobiles as established in the Village of Altamont's adopted
Comprehensive Plan.
(7)
Reduce infrastructure costs, both to the developer
and to the municipality.
B.
General regulations:
(1)
Applicability of regulations. A conservation subdivision or cluster development shall be required in all locations in the R-40, R-20, RCD, and PUD Districts for all major subdivisions. The applicant shall comply with all other provisions of this chapter and all other applicable laws, except those that are incompatible with the provisions contained herein. Lots in the RCD shall comply with Subsection D(3) through (7).
[Amended 7-2-2019 by L.L.
No. 1-2019]
(2)
Ownership of development site. The tract of land to
be subdivided may be held in single and separate ownership or multiple
ownership. If held in multiple ownership, however, the site shall
be developed according to a single plan with common authority and
common responsibility (see Subdivision Law, Local Law No. 4-2007 also).[1]
(3)
Housing density determination. The maximum number of lots in the conservation or clustered subdivision shall be determined pursuant to § 355-15, Density and dimensional requirements. Allowable density in the RCD shall, however, be pursuant to the approved subdivision and annexed lands in the Preserve at Bozenkill Creek subdivision.
[Amended 7-2-2019 by L.L.
No. 1-2019]
(4)
The Zoning Board of Appeals shall allow variations
of the dimensional, but not density, requirements when approving a
clustered subdivision. However, no clustered subdivision shall have
lot and other bulk dimensions smaller than that allowed in the R-10
District.
[Added 7-1-2008 by L.L. No. 2-2008; 4-5-2022 by L.L. No. 1-2022]
C.
Application requirements.
(1)
Site analysis map required. Concurrent with the submission
of a sketch plan as required in the Village of Altamont Subdivision
Law,[2] the applicant shall prepare and submit a site analysis
map. The purpose of the site analysis map is to ensure that the important
site features have been adequately identified prior to the creation
of the site design and that the proposed open space will meet the
requirements of this section. This analysis map shall include an identification
of primary and secondary conservation lands within a parcel(s), which
includes those elements most highly valued by the community. The purpose
of a sketch plan is to facilitate an expedient review of proposed
new subdivisions in conformance with this chapter and the Comprehensive
Plan. The sketch plan is not intended to be a highly engineered or
exact document but a general sketch illustrating the location and
type of environmental features that are present on the site. The preliminary
sketch plan shall identify the following features:
(a)
Area having slopes of 15% or greater.
(b)
Wetlands, aquifer and aquifer recharge areas,
if known, municipal water supply areas, flood-prone areas as shown
on Federal Emergency Management Agency maps, lakes, and streams, if
any.
(c)
Sites where expanded community sewer, community
water, or community water and sewer are available or planned, if any.
(d)
Lands contiguous to publicly owned or designated
open space areas or privately owned and designated natural areas,
if any.
(e)
Historic structures or areas of national, state
or local importance, if any.
(f)
Areas with rare vegetation, significant habitats,
or habitats of endangered, threatened or special concern species or
unique natural or geological formations, if any.
(g)
General locations of vegetative cover conditions
on the property according to general cover type, including cultivated
land, grassland, old field, woodland and wetland, and the actual canopy
line of existing trees and woodlands.
(h)
Existing trails, bikeways, and pedestrian routes
of Village, state or county significance that are through or near
the property, if any.
(i)
Location of all existing streets, roads, buildings,
utilities and other man-made improvements.
(j)
All easements and other encumbrances of property
which are or have been filed of record with the Albany County Clerk's
office.
(2)
Open space management plan required. An open space management plan, as described in Subsection D below, shall be prepared and submitted along with the preliminary subdivision plat.
D.
Open space.
(1)
Definition. "Open space" is the undeveloped and unimproved
portion of the conservation subdivision that has been set aside for
permanent protection. Activities within the open space are restricted
in perpetuity through the use of an approved legal instrument.
(2)
Standards to determine open space.
(a)
The minimum restricted open space shall comprise
at least 50% of the gross tract area.
(b)
To constitute this 50%, the primary and secondary
conservation areas, as defined below, together constitute open space
areas to be preserved together with other buildable areas to constitute
at least 50% of the parcel. The following are considered primary conservation
areas and are required to be included within the open space:
[1]
Lands within a regulatory one-hundred-year floodplain;
[2]
Slopes above 15%;
[3]
Department of Environmental Conservation regulated
wetlands and those wetlands that meet the definition used by the Army
Corps of Engineers pursuant to the Clean Water Act;
[4]
Populations of endangered or threatened species
or habitat for such species;
[5]
Archaeological sites, cemeteries and burial
grounds; and
[6]
Important historic sites and structures.
(d)
Aboveground utility rights-of-way and small
areas of impervious surface (such as equipment pads, sidewalks, and
work platforms) may be included within the protected open space but
cannot be counted towards the fifty-percent minimum area requirement.
Large areas of impervious surface shall be excluded from the open
space.
(e)
At least 75% of the open space shall be in a
contiguous tract. The open space should adjoin any neighboring areas
of open space, other protected areas, and nonprotected natural areas
that would be candidates for inclusion as part of a future area of
protected open space.
(f)
The open space shall be directly accessible
to the largest practicable number of lots within the subdivision.
Nonadjoining lots shall be provided with safe, convenient access to
the open space.
(3)
Permitted uses of open space. Uses of open space may
include the following:
(a)
Conservation of natural, archaeological or historical
resources;
(b)
Meadows, woodlands, wetlands, wildlife corridors,
game preserves, or similar conservation-oriented areas;
(c)
Walking or bicycle trails, provided that they
are constructed of porous paving materials;
(d)
Passive recreation areas;
(e)
Active recreation areas, provided that they
are limited to no more than 10% of the total open space and are not
located within primary conservation areas. Active recreation areas
may include impervious surfaces. Active recreation areas in excess
of this limit must be located outside of the protected open space;
(f)
Nonstructural stormwater management practices;
(g)
Easements for drainage, access, and underground
utility lines; or
(h)
Other conservation-oriented uses compatible
with the purposes of this section.
(5)
Ownership and management of open space.
(a)
Ownership of open space. The applicant must
identify the owner of the open space who is responsible for maintaining
the open space and facilities located thereon. The responsibility
for maintaining the open space and any facilities located thereon
shall be borne by the owner. A homeowner or a homeowners' association
may own and manage the open space. If a homeowners' association is
the owner, membership in the association shall be mandatory and automatic
for all homeowners of the subdivision and their successors. If a homeowners'
association is the owner, the homeowners' association shall have lien
authority to ensure the collection of dues from all members. All open
space owned by a homeowners' association shall comply with the applicable
provisions of § 352-e of the New York State General Business
Law and file an offering plan approved by the New York State Department
of Law or obtain from the New York State Department of Law one of
the following: approval of an offering plan for the sale of the real
property, a letter granting the applicant an exemption from the filing
of an offering plan pursuant to Cooperative Policy Statement 7 (CPS-7),
or a "no-action" letter advising that the Department of Law will not
take any action against the applicant for failure to file an offering
plan. In the event that the New York State Department of Law grants
CPS-7 treatment or issues a "no-action" letter, the applicant shall
impose an open space obligation on all properties served by the open
space for maintenance in a form which shall be approved by the Village
Attorney and which agreement, when executed by all parties, shall
be recorded in the Albany County Clerk's office.
(b)
Management plan. The applicant shall submit
a "Plan for Management of Open Space and Common Facilities" ("plan")
that shall include all of the following:
[1]
Allocation of responsibility and guidelines
for the maintenance and operation of the open space and any facilities
located thereon, including provisions for ongoing maintenance and
for long-term capital improvements;
[2]
Estimation of the costs and staffing requirements
needed for maintenance and operation of, and insurance for, the open
space and outline of the means by which such funding will be obtained
or provided;
[3]
Provision that any changes to the plan be approved
by the Village Board;
[4]
Provision for enforcement of the plan; and
[5]
Binding the responsibility on the homeowners'
association members by requiring them to obligate themselves to sign
and carry out the management plan or by a declaration of covenants
and maintenance agreement recorded in the Albany County Clerk's office.
(c)
In the event that the party responsible for
maintenance of the open space fails to maintain all or any portion
in reasonable order and condition, the Village of Altamont may assume
responsibility for its maintenance and may enter the premises and
take corrective action, including the provision of extended maintenance.
The costs of such maintenance may be charged to the owner, homeowners'
association (HOA), or to the individual property owners that make
up the homeowners' association and may include administrative costs
and penalties. Such costs shall become a lien on all subdivision properties.
(6)
Legal instrument for permanent protection.
(a)
The open space shall be protected in perpetuity
by a binding legal instrument that is recorded with the deed. The
instrument shall be one of the following:
[1]
A permanent conservation easement in favor of
either:
[a]
A land trust or similar conservation-oriented
nonprofit organization with legal authority to accept such easements.
The organization shall be bona fide and in perpetual existence and
the conveyance instruments shall contain an appropriate provision
for retransfer in the event the organization becomes unable to carry
out its functions; or
[b]
A governmental entity with an interest
in pursuing goals compatible with the purposes of this chapter. If
the entity accepting the easement is not the Village of Altamont,
then a third right of enforcement favoring the Village of Altamont
shall be included in the easement;
[2]
A permanent restrictive covenant for conservation
purposes in favor of a governmental entity; or
[3]
An equivalent legal tool that provides permanent
protection, if approved by the Village of Altamont Board of Trustees.
(b)
The instrument for permanent protection shall
include clear restrictions on the use of the open space. These restrictions
shall include all restrictions contained in this section, as well
as any further restrictions the applicant chooses to place on the
use of the open space.
(7)
Other open space standards.
(a)
The required open space land consists of a combination
of primary conservation areas and secondary conservation areas. The
proposed subdivision design shall strictly minimize disturbance of
these environmentally sensitive areas, both during all phases of development
and for subsequent open space maintenance.
(c)
Open space land shall be contiguous to create
a critical mass of land available for agriculture or recreation or
left in a natural state. Open space lands shall be designated as a
conservation lot owned in common or designated and included as part
of one or more lots. No individual parcel of common open space shall
be less than one acre except as to roadway median strips, traffic
islands, walkways, trails, courtyards, play areas, recreation facilities,
drainageways leading directly to streams, historic sites or unique
natural features requiring common ownership protection.
(d)
No portion of any house lot may be used for
meeting the minimum required open space land unless encumbered with
a permanent restriction that prevents destruction or development of
that portion of the lot.
(e)
The setting aside of open space shall in no
case preclude the Zoning Board of Appeals from requiring the dedication
of parks, playgrounds or recreation lands within a subdivision pursuant
to the Village of Altamont Subdivision Regulations.
[Amended 4-5-2022 by L.L. No. 1-2022]
(f)
Lands set aside in a cluster or conservation
subdivision development for parks, playgrounds or recreation purposes
shall be provided in such a manner that the lands are usable for recreation
or other activities and are accessible to all residents of the subdivision
or, where such lands have been conveyed to the Village, accessible
to the public.
E.
Design process for cluster/conservation subdivisions.
(3)
Step 2: Location of house sites. Building envelopes
shall be tentatively located within the potential development areas.
House sites should generally be located not closer than 100 feet to
primary conservation areas and 50 feet to secondary conservation areas,
taking into consideration the potential negative impacts of residential
development on such areas.
(4)
Step 3: Align streets and trails. After designating
the building envelopes, a street plan shall be designed to provide
vehicular access to each house, complying with the standards identified
herein and bearing a logical relationship to topographic conditions.
Impacts of the street plan on proposed open space lands shall be minimized,
particularly with respect to crossing environmentally sensitive areas
such as wetlands and traversing slopes exceeding 15%. Existing and
future street connections are encouraged to eliminate the number of
new culs-de-sac to be developed and maintained and to facilitate access
to and from homes in different parts of the tract and adjoining parcels.
Culs-de-sac are appropriate only when they support greater open space
conservation or provide extensive pedestrian linkages. All road standards
of the Village shall be met.
(5)
Step 4: Draw lot lines. Upon completion of the preceding
three steps, lot lines are drawn as required to delineate the boundaries
of individual residential lots.
F.
Site design criteria.
(1)
Other layout criteria.
(a)
Views of house lots from exterior within the
open space area(s) shall be minimized by the use of changes in topography,
existing vegetation, or additional landscaping.
(b)
House lots shall generally be accessed from
interior streets rather than from roads bordering the tract. New intersections
with existing public roads shall be minimized. Although two accessways
into and out of subdivisions containing 20 or more dwellings are generally
required for safety, proposals for more than two entrances onto public
roads shall be discouraged if they would unnecessarily disrupt traffic
flow or unduly impact the environment.
(c)
Open space shall be directly accessible or viewable
from as many home sites as possible.
(d)
The layout shall leave scenic views and vistas
unblocked or uninterrupted, particularly as seen from public thoroughfares.
(e)
The layout shall maintain or create a buffer
of natural native species vegetation of at least 100 feet in depth
adjacent to wetlands and surface waters, including creeks, streams,
springs and ponds.
(2)
Streets and driveways.
(a)
Common driveway access may be provided. This
is where two or more driveways share one curb cut.
(b)
Whenever appropriate, street systems should
produce terminal vistas of open space in accordance with the conservation
emphasis of the subdivision design and to positively contribute to
the Village's open space goals.
(c)
Single-loaded streets are encouraged alongside
conservation areas to provide views of the conservation lands for
residents and visitors.
(d)
Landscape common areas and both sides of new
streets with native species of shade trees and shrubs.
(e)
A pedestrian circulation and/or trail system
may be designated and installed sufficient for the needs of residents,
at the discretion of the Zoning Board of Appeals.
[Amended 4-5-2022 by L.L. No. 1-2022]
A.
Drainage easements and sedimentation controls. The
following provisions regarding drainage easements and sedimentation
controls shall apply to all new development:
(1)
Drainage easements of sufficient width shall be provided
along both sides of open drainage courses. The width of the easement
shall be based on the recommendation of the Village Engineer or designated
engineer. The easement shall be used for the maintenance of the open
drain, remain free of obstructions, be of natural topography and contain
no permanent or temporary buildings, plantings, gardens or dumpings.
(2)
Temporary sedimentation or catch basins shall be required
for all new construction during site preparation and construction
in order to minimize sedimentation of nearby watercourses. The size
and location of such sedimentation basins shall be based on recommendations
of the Village Engineer or designated engineer. Seeding and cover
planting shall be required at the earliest possible time during site
preparation.
(3)
Permanent retention or detention ponds may be required
in larger developments by the Village Engineer or designated engineer
to slow down the rate of stormwater runoff and prevent downstream
flooding. The location, size and design of such ponds shall be based
on recommendations of the Village Engineer or designated engineer.
B.
Sidewalk and bikeway easements. New development shall
provide the necessary easements and/or construct sidewalks or bikeways
as specified by the Zoning Board of Appeals. In determining where
such easements shall be provided, their site, and the manner in which
sidewalks or bikeways shall be constructed, the Zoning Board of Appeals
shall be guided by the Comprehensive Plan of the Village of Altamont,
as well as any specific sidewalk or bikeway plans or policies adopted
by the Village Board and the Town of Guilderland and in keeping with
the Town of Guilderland Pathways Plan.
[Amended 4-5-2022 by L.L. No. 1-2022]
[Amended 1-5-2010 by L.L. No. 1-2010; 12-4-2012 by L.L. No.
3-2012]
A.
Continuation of nonconforming buildings, lots and uses. Any building,
structure, lot or use of property lawfully existing at the time of
enactment or amendment of this chapter may be continued although such
building, structure, lot or use of property does not confirm to the
provisions hereof. The term "lawfully existing" shall mean "in compliance
with all applicable ordinances, local laws, rules, regulations or
orders."
B.
Restrictions on property containing nonconforming buildings and uses.
(1)
Increase in intensity or volume prohibited. No change of a nonconforming
building or use shall be allowed that increases the intensity or volume
of the nonconformity on the property, including but not limited to
changes in the existing means of access or egress, increases in or
changes to parking or loading facilities, changes to drainage or utilities,
addition of building-mounted or pole-mounted outdoor lighting, changes
to the exterior facade, addition of a sign, addition of accessory
structures, increased hours of operation, or increases in the percentage
of the property used. Notwithstanding the forgoing, the Zoning Board
of Appeals may allow one change in intensity or volume at the subject
property if it shall find, based on competent proof submitted by the
owner/occupant, that such change will produce greater compliance with
this chapter; and is generally in harmony with existing lawful uses
in the neighborhood.
(2)
Change of use prohibited. A nonconforming use may not be changed
to another nonconforming use, but only to a conforming use. Change
of ownership shall not be construed as a change of use.
(3)
Nothing in this chapter shall be deemed to prevent the strengthening
or restoring to a safe condition of any building, structure, or part
thereof, declared to be unsafe by an official charged with providing
for the public safety and where strengthening or restoration is ordered
by such official; or the maintenance, renovation or repair of nonstructural
members of a nonconforming structure made necessary by ordinary wear
and tear.
(4)
Minor architectural improvements to nonconforming uses, buildings
or structures shall not be considered a change of intensity or volume
provided the improvement does not encroach on any applicable setback.
"Minor architectural improvements" are defined as and limited to bay
windows, eaves, chimneys and architectural detail such as cornices,
medallions and decorative trim.
(5)
Destruction. If any building or structure containing a nonconforming
use is destroyed by any cause to an extent exceeding 75% of its fair
market value as indicated on the latest assessment records of the
Village of Altamont, the nonconforming use status shall be lost and
a future use of the property shall conform to this chapter.
(6)
Any nonconforming commercial use in a residential zoning district
shall not operate before 7:00 a.m. nor later than 6:00 p.m. Monday
through Saturday, and not at all on Sunday. Any such use shall implement
changes to comply with these hours of operation within two months
from the date of adoption of this section.
C.
Cessation.
(1)
Any nonconforming auto wrecking yard, junkyard, or billboard in existence
at the date of enactment of this chapter shall, at the expiration
of four years from such date, become a prohibited and unlawful use
and shall be discontinued. Nonconforming used car lots and nonconforming
exterior storage of commercial vehicles, machinery and other equipment
shall, at the expiration of two years from such date, become a prohibited
and unlawful use and shall be discontinued.
(2)
No time period granted under any prior ordinance, local law, rule, regulation or court order for the termination or cessation of the above uses shall be deemed extended by Subsection C(1) above.
(3)
A nonconforming use of land or a nonconforming building or structure
shall not be reestablished if it has been discontinued for any reason,
whether through vacancy or cessation of use, for a period of one calendar
year or longer, or has been changed to or replaced by a conforming
use for any period of time.
D.
Displacement. No nonconforming use shall be extended to displace
a conforming use.
E.
Existing undersized lots.
(1)
Any residential lot held in single, separate ownership prior to the
adoption of this chapter whose area and/or width and/or depth is less
than the specified minimum lot requirements for the district may be
considered as complying with such minimum lot requirements and no
variance shall be required, provided that:
(a)
Such residential lot does not adjoin any other lot or lots held
by the same owner where the aggregate area of these lots meets the
minimum lot requirements for that district; and
(b)
Such residential lot has an area of at least 5,000 square feet
and a minimum width of at least 50 feet at the required setback line.
(2)
In any district where residences are permitted, such undersized nonconforming
lots may be used for not more than one single-family dwelling.
(3)
A lot of nonconforming size may be subdivided only if each and every
division of such lot is purchased by the owner or owners of the adjoining
properties to increase the size of said adjoining properties.
F.
Exemption of lots shown on approved subdivision plats. The provisions
of New York State Village Law § 7-709 (Exemption of lots
shown on approved subdivision plats) are hereby made expressly applicable
to this chapter with respect to lots shown on approved subdivision
plats duly filed in the office of the Albany County Clerk prior to
the enactment of this chapter.
A.
Essential services. Nothing in this chapter shall
prohibit the provisions of essential services, provided that the installation
of such service does not violate any other applicable provision of
this chapter. Nothing in this section shall be construed to permit
the erection, construction or enlargement of any aboveground structures
except utility poles and wires, except as otherwise permitted in this
chapter.
B.
Temporary use. Nothing in this chapter shall prevent
the Building Inspector from issuing a temporary permit for the use
of a travel trailer, a mobile home or other similar structure, in
any district except a floodplain district, as a temporary construction
field office for a period not to exceed one year. The period of validity
of such temporary permit shall be further limited in the case of a
public works construction project by the life of such project and
in the case of a non-public works construction project by the remaining
life of any unexpired building permit which shall have been issued
for construction on the site if it occurs sooner. Subject to the foregoing
limitations, the Building Inspector may, for good cause, extend such
permit for field office use an additional period not to exceed six
months. Such structure shall not be used for overnight sleeping accommodations.
Adequate arrangements for sanitary facilities shall be made.
A.
Accessory structures in residential zones. All accessory structures in any residential zone shall be subject to the same location requirements affecting the principal structure on a lot; except, however, that such accessory structure may be placed not less than five feet from any rear lot line or the rear yard portion of any side lot line. In a residential district, no accessory building shall have a height in excess of 15 feet except as provided in § 355-16A. Nothing in this section or this chapter shall permit the occupancy of a basement without a complete residential structure thereon.
B.
Accessory structures in all other districts. All accessory structures in nonresidential districts shall be subject to the same locational requirements as are required for all principal structures within such districts. No accessory building shall have a height in excess of 20 feet except as provided in § 355-16A.
C.
Swimming pools. A swimming pool shall be permitted
by right, in the rear yard, as an accessory use, subject to the provisions
of this section. A swimming pool shall be prohibited in the front
yard but shall be permitted, by special use permit from the Zoning
Board of Appeals, elsewhere on the lot, provided that it is suitably
screened. All provisions of the New York State Building Code shall
apply to swimming pools. In addition, the following provisions shall
also apply:
[Amended 1-5-2010 by L.L. No. 1-2010; 4-5-2022 by L.L. No. 1-2022]
(1)
The pool shall be chemically treated in a manner sufficient
to maintain the bacterial standards established by the provisions
of the New York State Sanitary Code relating to public swimming pools.
(2)
If the water for such pool is supplied from a private
well, there shall be no cross-connection with the public water supply.
(3)
Where such pool is located within the service area
of the Village of Altamont water supply, the Building Inspector shall
be provided with evidence of no objection from the Village Public
Works Department to a connection to the public water supply or evidence
that the water will be provided by a private contractor.
(4)
No loudspeaker or other device which can be heard
beyond the property lines of the premises on which such pool is located
may be operated in connection with such pool.
(5)
No lighting shall be operated in connection with such
pool which reflects beyond the property lines of the premises.
(6)
Swimming pools without fencing existing prior to the
effective date of this chapter shall, within 60 days after such date,
be enclosed by a fence, as required by the New York State Building
Code.
Any subdivision in the R-15 and R-20 Districts
that proposes keyhole lots accessing a street must conform to the
following:
A.
Area requirements.
(1)
That portion of the keyhole lot comprising the keyhole
access shall not be counted for the purpose of determining minimum
lot area compliance.
(2)
The front yard setback of a keyhole lot shall be measured
from the rear lot line of the front lot, unless otherwise requested
by the Zoning Board of Appeals during subdivision approval.
[Amended 4-5-2022 by L.L. No. 1-2022]
(3)
The minimum width at the building line for a keyhole
lot shall be measured parallel to the street line, unless otherwise
requested by the Zoning Board of Appeals during subdivision approval.
[Amended 4-5-2022 by L.L. No. 1-2022]
(4)
The minimum area of a keyhole lot shall be 50% greater
than the requirements prescribed for the zoning district in which
it is located.
B.
Supplementary requirements.
(1)
No structure or off-street parking shall be allowed
within the area comprising the keyhole access except mailboxes, address
signage or other minimal accessories commonly found within the neighborhood.
(2)
The street number of a dwelling situated on a keyhole
lot shall be permanently and conspicuously displayed on a sign, with
lettering no less than three inches in height, and placed no more
that 25 feet from the road pavement. The sign shall be displayed for
both directions of travel and be visible at night.
C.
Exclusions. These regulations do not pertain to any
existing lot of record.
A.
Enabling authority. The Zoning Board of Appeals is
hereby authorized to review and approve, approve with modifications,
or disapprove site plans and special use permits consistent with this
section and the zoning laws and regulations of the Village of Altamont.
[Amended 4-5-2022 by L.L. No. 1-2022]
B.
ACCESSORY FACILITY
ANTENNA
SPECIAL USE
TELECOMMUNICATIONS TOWER
Definitions. As used in this section, the following
terms shall have the meanings indicated:
A facility that serves the principal use, is subordinate
in area, extent and purpose to the principal use and is located on
the same lot as the principal use. Examples of such facilities include
transmission equipment and storage sheds.
A system of electrical conductors that transmit or receive
radio frequency waves. Such waves shall include but not be limited
to radio navigation, radio, television, wireless and microwave communications.
The frequency of these waves generally ranges from 10 hertz to 300,000
megahertz.
A use which is deemed allowable within a given zoning district
but which is potentially incompatible with other uses and, therefore,
is subject to special standards and conditions set forth for such
use subject to approval by the Zoning Board of Appeals.
[Amended 4-5-2022 by L.L. No. 1-2022]
A structure on which transmitting and/or receiving antennas
are located.
C.
Purpose. The purpose of these supplemental regulations
is to promote the health, safety and general welfare of the residents
of the Village, to provide standards for the safe provision of telecommunications
consistent with applicable federal and state regulations and to protect
the natural features and aesthetic character of the Village. These
regulations are not intended to prohibit or have the effect of prohibiting
the provision of personal wireless services, nor shall they be used
to unreasonably discriminate among providers of functionally equivalent
services consistent with current federal regulations.
D.
Application of special use regulations.
(1)
No telecommunications tower shall hereafter be used,
erected, moved, reconstructed, changed or altered except after approval
of a special use permit and in conformity with these regulations.
No existing structure shall be modified to serve as a telecommunications
tower unless in conformity with these regulations.[1]
(2)
These regulations shall apply to all property within
the Village. Telecommunications towers and their accessory facilities
are prohibited and shall not be erected in the Central Business District
unless co-located on an existing structure as per the standards below.
(3)
Exceptions to these regulations are limited to new
uses which are accessory to residential uses and lawful or approved
uses existing prior to the effective date of these regulations.
(4)
Where these regulations conflict with other laws and
regulations of the Village of Altamont, the more restrictive shall
apply, except for tower height restrictions which are governed by
these special use standards.
E.
Site plan submission requirements for sharing existing facilities. An applicant proposing to share use of an existing tall structure shall submit a site plan as described in § 355-37 of this chapter. The site plan and supporting documentation shall include:
(1)
A completed application for a special permit.
(2)
Documentation of intent from the owner of the existing
facility to allow a shared use. The applicant shall pay all reasonable
fees and costs of adapting an existing tower or structure to a new
shared use. Those costs include but are not limited to structural
reinforcement, preventing transmission or receiver interference, additional
site screening and other changes, including real property acquisition
or lease required to accommodate shared use.
(3)
A site plan. The site plan shall show all existing
and proposed structures and improvements, including antennas, roads,
buildings, guy wires and anchors, parking and landscaping, and shall
include grading plans for new facilities and roads. Any methods used
to conceal the modification of the existing facility shall be indicated
on the site plan.
(4)
An engineer's report certifying that the proposed
shared use will not diminish the structural integrity and safety of
the existing tall structure and will not hamper existing emergency
networks and explaining what modifications, if any, will be required
in order to certify to the above.
(5)
A completed short EAF and a completed visual EAF addendum,
including mitigation measures of the visual impacts.
(6)
A copy of its Federal Communications Commission (FCC)
license.
(7)
A copy of the lease agreement.
F.
Site plan submission requirements for new towers. An applicant proposing to construct a new tower shall submit a site plan as described in § 355-36 of this chapter. The site plan and supporting documentation shall include:
(1)
A completed application for a special permit.
(2)
A site plan. The site plan shall show all existing
and proposed structures and improvements, including antennas, roads,
buildings, guy wires and anchors, parking and landscaping, and shall
include grading plans for new facilities and roads. Any methods used
to conceal the modification of the existing facility shall be indicated
on the site plan.
(3)
Documentation on the proposed intent and capacity
of use.
(4)
Justification for the height of any tower or antennas
and justification for any land or vegetation clearing required.
(5)
A completed visual environmental assessment form (visual
EAF) and a landscaping plan addressing other standards listed within
this section, with particular attention to visibility from key viewpoints
within and outside the municipality as identified in the visual EAF.
The Zoning Board of Appeals may require submittal of a more detailed
visual analysis based on the results of the visual EAF.
[Amended 4-5-2022 by L.L. No. 1-2022]
(6)
A report inventorying existing towers within a reasonable
distance of the proposed site and outlining opportunities for shared
uses of existing facilities and use of other preexisting structures
as an alternative to a new construction.
(7)
A report demonstrating good faith efforts to secure
shared uses from existing towers as well as documenting capacity for
future shared uses of the proposed tower. Written requests and responses
for shared uses shall be provided.
(8)
Proof of certified announcements to all other telecommunications
providers in the area declaring the applicant's sharing capabilities
and/or siting needs.
(9)
A report detailing the compatibility of proposed construction
with existing emergency networks.
(10)
A report detailing the long-range plans for
additional towers within the area.
(11)
A copy of its Federal Communications Commission
(FCC) license.
(12)
A copy of any proposed lease agreement.
G.
Special use standards.
(1)
Shared uses. At all times, shared uses of existing
towers shall be preferred to the construction of new towers. Additionally,
where such shared use is unavailable, location of antenna on preexisting
structures shall be considered.
(2)
Setbacks. Towers and antennas shall comply with all
existing setbacks within the affected zone. Additional setbacks may
be required by the Zoning Board of Appeals to contain on site substantially
all icefall or debris from tower failure and/or to preserve privacy
of adjoining residential and public property. Setbacks shall apply
to all tower parts, including guy wire anchors, and to any accessory
facilities.
[Amended 4-5-2022 by L.L. No. 1-2022]
(3)
Visibility.
(a)
All towers and accessory facilities shall be
sited to have the least practical adverse visual effect on the environment.
(b)
Towers shall not be artificially lighted except
to assure human safety as required by the Federal Aviation Administration
(FAA). Towers shall be a galvanized finish or painted gray above the
surrounding treeline and painted gray, green, black or similar colors
designed to blend in with natural surroundings below the surrounding
treeline unless other standards are required by the FAA. In all cases,
structures offering slender silhouettes (i.e., monopoles or guyed
towers) shall be preferable to freestanding structures except where
such freestanding structures offer capacity for future shared use.
Towers should be designed and sited so as to avoid, whenever possible,
application of FAA lighting and painting requirements.
(c)
Accessory facilities shall maximize use of building
materials, colors and textures designed to blend with the natural
surroundings.
(4)
Existing vegetation. Existing on-site vegetation shall
be preserved to the maximum extent possible, and no cutting of trees
exceeding four inches in diameter (measured at a height of four feet
off the ground) shall take place prior to approval of the special
permit use. Clear-cutting of all trees in a single contiguous area
exceeding 20,000 square feet shall be prohibited.[2]
(5)
Screening. Deciduous or evergreen tree plantings may
be required to screen portions of the tower from nearby residential
property as well as from public sites known to include important views
or vistas. Where the site abuts residential or public property, including
streets, the following vegetative screening shall be required: for
all towers, at least one row of native evergreen shrubs or trees capable
of forming a continuous hedge at least 10 feet in height within two
years of planting shall be provided to effectively screen the tower
base and accessory facilities. In the case of poor soil conditions,
planting may be required on soil berms to assure plant survival. Plant
height in these cases shall include the height of the berm.
(6)
Access and parking. A road and parking will be provided
to assure adequate emergency and service access. Maximum use of existing
roads, public or private, shall be made. Road construction shall be
consistent with standards for private roads and shall at all times
minimize ground disturbance and vegetation cutting to within the top
of fill, the top of cuts, or no more than 10 feet beyond the edge
of any pavement. Road grades shall closely follow natural contour
potential. Public road standards may be waived in meeting the objectives
of this subsection.
H.
Authority to impose conditions. The authorized board
shall have the authority to impose such reasonable conditions and
restrictions as are directly related to and incidental to the proposed
telecommunications tower special use or site plan.
I.
Removal. The applicant shall submit to the Zoning
Board of Appeals a letter of intent committing the tower owner, and
his/her successors in interest, to notify the Building Inspector within
30 days of the discontinuance of use of the tower. This letter shall
be filed with the Building Inspector prior to issuance of a building
permit (assuming the telecommunications tower is approved according
to this section). Obsolete or unused towers and accessory structures
shall be removed from any site within four months of such notification.
The Zoning Board of Appeals is hereby authorized to require the applicant,
as a condition of approval, to post an escrow deposit with the Village
in an amount sufficient to ensure compliance with this subsection.
[Amended 4-5-2022 by L.L. No. 1-2022]
J.
The Zoning Board of Appeals is hereby authorized to
retain a consultant or Village-designated engineer, to be paid for
by the applicant, to aid it in reviewing the application, site plan
submission and other materials and data submitted by the applicant.
[Amended 4-5-2022 by L.L. No. 1-2022]
A.
Damaged buildings. Any building which is damaged by
fire or other accidental cause or by flood, wind, lightning, or other
natural cause to the extent that it is no longer considered safe to
utilize for its regular or former purpose shall be repaired, rebuilt
or razed within 120 days after the damage is sustained. The Zoning
Board of Appeals may grant a special use permit for a period not to
exceed one year after the expiration of the one-hundred-twenty-day
period to permit repair, razing, or rebuilding.
[Amended 1-5-2010 by L.L. No. 1-2010; 4-5-2022 by L.L. No. 1-2022]
B.
If an applicant is proposing a new use that requires
demolition of an existing building in part or whole, then demolition
shall require a site plan review and approval by the Zoning Board
of Appeals.
[Amended 4-5-2022 by L.L. No. 1-2022]
C.
Abandoned and vacant buildings. When a structure has been abandoned and vacant and determined by the Building Inspector to be not structurally sound or unsafe, the Village of Altamont can initiate demolition procedures in accordance with New York State laws and in a manner acceptable to the Village Attorney. When demolition occurs under these conditions, Subsections D and E shall be required.
D.
When demolition is proposed without a proposal for
redevelopment, the Zoning Board of Appeals shall conduct a demolition
review of the proposed demolition and landscape plans. If approved,
the parcel shall be seeded with grass and landscaped with trees. Deciduous
trees are preferred and shall have at least a two-inch caliper at
the time of planting. Trees shall be provided within the lot at a
minimum density of one tree per 1,000 square feet of lot and along
the side of the street with a maximum spacing of 30 feet on center.
If a sidewalk is present prior to demolition, such sidewalk shall
be maintained or restored after demolition so that the sidewalk is
safe for pedestrians and free of rubble and cracks. The Zoning Board
of Appeals may require additional landscaping to maintain a pedestrian
atmosphere at the site.
[Amended 4-5-2022 by L.L. No. 1-2022]
E.
When demolition occurs, water, sewer and all other
utility lines shall be located, marked, capped and inspected and approved
by the appropriate department prior to final site treatment.
F.
If a building permit is for or includes demolition
of an existing structure, demolition, including site restoration,
shall be completed within 90 days. If demolition occurs during the
months of November through March, seeding and landscaping shall take
place by May 31.
G.
In regard to an application to demolish an historic
landmark or any improvement within the National Historic District,
the following matters shall be considered:
(1)
Its historic, architectural, cultural or scenic significance.
(2)
Its importance to the municipality and the extent
to which its historical or architectural value is such that its removal
would be detrimental to the public interest and the extent to which
it is of such old, unusual or uncommon design, craftsmanship, texture
or material that it could be reproduced only with great difficulty
and expense.
(3)
The extent to which its retention would promote the
general welfare by maintaining and increasing the real estate values,
generating business, attracting tourists, attracting new residents,
stimulating interest and study in architecture and design or making
the municipality an attractive and desirable place in which to live.
(4)
If it is within an historic district, the probable
impact of its removal upon the ambience of the historic district.
