Town of Highland, NY
Sullivan County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Highland by L.L. No. 1-1999, as amended 1-14-2003 and 5-13-2003. Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Adult uses — See Ch. 20.
Alternate members of Planning Board and Zoning Board of Appeals — See Ch. 28, Art. I.
Building and energy code administration and enforcement — See Ch. 34.
Numbering of buildings — See Ch. 36, Art. 1.
Flood damage prevention — See Ch. 70.
Highways — See Ch. 90.
Seismic surveys — See Ch. 147.
Sewage disposal — See Ch. 150.
Subdivisions — See Ch. 160.
Unsafe buildings — See Ch. 180.
It should be recognized that in addition to all standards and procedures cited in the Town Code Book, New York State Code may also apply or supersede this document.
Attachment 1 - Bulk Regulations Attachment 2 - Zoning Schedule for the Town of Highland Zoning Map

§ 190-1 Purposes.

§ 190-1.1 Severability.

§ 190-2 Definitions.

§ 190-3 List of districts.

§ 190-4 Zoning Map.

§ 190-5 Boundaries.

§ 190-6 Zoning Schedule; Bulk Regulation Table.

§ 190-7 Supplementary regulations applying in all districts.

§ 190-8 Floodplain district.

§ 190-9 Supplementary sign regulations in all districts.

§ 190-10 Supplementary parking regulations in all districts.

§ 190-11 Prohibited uses in all districts.

§ 190-12 Building Code and Energy Code.

§ 190-13 Sanitation.

§ 190-14 Foundation requirements.

§ 190-15 Fences and walls.

§ 190-16 Landscaping.

§ 190-17 Individual mobile homes.

§ 190-18 through § 190-19. (Reserved)

§ 190-20 Stripping or clear-cutting of land.

§ 190-21 Campgrounds.

§ 190-22 Swimming pools.

§ 190-23 Animal husbandry.

§ 190-24 Automotive repair shops.

§ 190-24.1 Farm breweries.

§ 190-25 Quarrying and removal of sand and gravel.

§ 190-26 Home occupations.

§ 190-27 Explicitly prohibited uses; natural gas and/or petroleum extraction, exploration or production wastes prohibited.

§ 190-28 Garage sales.

§ 190-29 Noise standards.

§ 190-30 Nonconforming uses and buildings.

§ 190-31 Building permits.

§ 190-32 Certificate of occupancy and other certificates.

§ 190-33 Duties of Code Enforcement Officer.

§ 190-34 Violations and penalties.

§ 190-35 Creation, appointment and organization of Zoning Board of Appeals.

§ 190-36 Power and duties of Board of Appeals.

§ 190-37 Board of Appeals procedure.

§ 190-38 Creation, appointment and organization of Planning Board.

§ 190-39 Special permitted uses and site plan approval.

§ 190-40 Amendments.

§ 190-41 Interpretation.

§ 190-42 Enforcement.

§ 190-1 Purposes.

It is hereby established a revised comprehensive zoning plan for the Town of Highland, which plan is set forth in the text and maps that constitute this chapter. Said plan is adopted for the purposes set forth in Article 16, § 261, of the Town Law which is in the interest of the protection and promotion of the public health, safety and welfare, and shall be deemed to specifically include the following, among others:
A. 
The assurance of adequate sites for residences, businesses, commerce and such other uses as may be permitted;
B. 
The provisions of privacy for families;
C. 
The prevention of traffic congestion, so as to promote efficient and safe circulation of vehicle and pedestrians;
D. 
The maximum protection of residential areas;
E. 
The gradual elimination of nonconforming uses;
F. 
The enhancement of the Town of Highland as a whole;
G. 
The encouragement of flexibility in the design and development of land in such a way as to promote the most appropriate use of lands to facilitate the adequate and economical provision of streets and utilities and to preserve the natural, scenic, and recreational qualities of open lands.
H. 
The preservation and protection of viable agricultural land, lakes, streams, ponding areas, floodplains, reservoirs, wetlands, and the Delaware River.

§ 190-1.1 Severability.

[Added 7-10-2012 by L.L. No. 3-2012]
If any clause, sentence, paragraph, section, or part of this chapter shall be adjudicated by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair, or invalidate the remainder of this chapter, but shall be confined in its operation to the clause, sentence, paragraph, section, or part thereof declared to be invalid.

§ 190-2 Definitions.

Unless otherwise expressly stated, the following terms shall, for the purpose of this chapter, have the meaning herein indicated. Words used in the present tense include the future; the singular number includes the plural, and the plural, the singular; the word "lot" includes the word "plot." The term "occupied" or "used" as applied to any building shall be construed as though followed by the words "or intended, arranged or designated to be occupied or used." The terms "building" and "structure" are synonymous. The word "shall" is mandatory. [Amended 7-14-2009 by L.L. No. 4-2009]
ACCESSORY BUILDING
A subordinate building, the use of which is clearly incidental to or customarily found in connection with the main building or principal use and which is located on the same lot as such main building or principal use.
ACCESSORY USE
A use which is clearly incidental to or customarily found in connection with and subordinate to the principal use of the premises and which is conducted on the same lot, whether such use be conducted in a principal or accessory building.
AGRICULTURE
The commercial cultivation of the soil for food products or other useful or valuable growths of the field, forest, orchard, or garden whether outdoors in the open or within the confines of a building or structure, but not including animal husbandry, which is defined separately.
ALTERATION
Any change, rearrangement or addition in the structural parts of a building or structure or an enlargement, whether by extending to any side, by increasing the height, or depth, or by moving from one position to another, or modification in construction or in building equipment.
ANIMAL HUSBANDRY
The care and breeding or boarding of any domestic animals or fowl, whether for profit or as a hobby. Household pets, including but not limited to cats, dogs, or birds, are excepted.
ANIMAL UNIT
An animal unit is, for the purpose of this chapter, defined as one horse of any weight, or one cow of any weight, or the equivalent of a total of 1,000 pounds or animal or fowl in any combination; e.g., 10 one-hundred-pound sheep or 250 four-pound chickens.
ANTENNA
Any guyed or freestanding structure used for transmitting or receiving public and/or private communication signals.
APARTMENT
A part of a building containing cooking and housekeeping facilities, consisting of a room or suite of rooms intended, designed, or used as a residence by an individual or single family.
AUTOMOTIVE REPAIR SHOP
An establishment in which the principal activity is the general servicing and repair of motor vehicles, including regular maintenance; sales, installation and replacement of parts and accessories; motor, transmission, chassis, rear and front end repair and overhaul; body and fender repair and painting.
AUTOMOTIVE SERVICE STATION
An establishment in which the principal activity is the retail sale of gasoline, oil, grease and petroleum products and the motor vehicle servicing related to such sales. An automotive service station use shall be deemed to include the retail sale and installation of tires, tubes, lamps, ignition parts, batteries and other minor repairs. Servicing and repair activity shall not include motor, transmission or rear or front and overhauls, no body and fender repair or painting.
BASEMENT
A story partly below grade and having not more than 1/2 its height below grade, or, as defined in the New York State Uniform Fire Prevention and Building Code, whichever is more strict.
BED-AND-BREAKFAST
Temporary housing provided for tourists for one or more nights as a business for profit, which may serve breakfast or other meals to guests only.
BOARDINGHOUSE
A dwelling for transient guests where lodging, or lodging and meals, is or are provided for compensation, with no individual cooking facilities.
BUILDING
Any structure wholly or partially enclosed with exterior walls and roof, affording shelter to persons, animals or property of any kind.
BUILDING AREA
The total areas measured in a horizontal plane at the main grade level of the principal and all accessory buildings, utilizing outside dimensions.
BUILDING COVERAGE
The horizontal area measured within the outside of the exterior walls of the ground floor of all principal and accessory buildings on a lot.
BUILDING HEIGHT
The vertical distance from the mean ground level at the exterior building walls to the highest point of the coping of a flat roof or to a mean height level between eaves and ridge for gables, hip and gambrel roofs.
BUILDING LINE
The setback lines established by this chapter. A setback is the horizontal distance from a lot line to that part of a structure which is nearest to such a lot line.
BUSINESS AND PROFESSIONAL OFFICES
Offices in which an occupation or vocation in a specialized field is practiced. Examples are, but not limited to, medical, law and real estate offices.
CAMPGROUND
A tract of land providing two or more sites for the parking of travel trailers, or the erection of a tent or other portable sleeping accommodations.
CARPORT
A covered area for the storage of housing of not more than two motor vehicles, with or without walls, but not fully enclosed. A detached carport is an accessory building.
CELLAR
A story having more than 1/2 its height below grade. A cellar is not included in computing the number of stories for the purpose of building height measurement, or, as defined in the New York State Uniform Fire Prevention and Building Code, whichever is more strict.
CERTIFICATE OF COMPLIANCE
A certificate stating that materials and products meet specified standards or that work was done in compliance with approved construction documents. (Required at the conclusion of all projects requiring a building permit other than a project for a habitable structure.)
[Added 11-26-2008 by L.L. No. 2-2008]
CERTIFICATE OF OCCUPANCY
A certificate stating that materials and products meet specified standards or that work was done in compliance with approved construction documents. (Required at the conclusion of a project for a habitable structure.)
[Added 11-26-2008 by L.L. No. 2-2008]
CLEAR-CUTTING
The removal from more than five acres of a forested tract of substantially all trees, for other than agricultural or approved wildlife management purposes.
COMMERCIAL RECREATION
An activity which may include facilities or equipment for recreational purposes, utilized by the public for a fee. Facilities include but are not limited to bowling alleys, ski slopes, canoe liveries, campgrounds, tennis courts, golf courses, batting cages, golf ranges, water slides and skateboarding parks.
DRINKING ESTABLISHMENTS
A bar, tavern, pub or other similar entity serving beverages and food indoors to the public. Under this definition such an establishment differs from a restaurant in that its primary income is derived from selling alcoholic beverages.
DRIVE-IN RESTAURANT
A retail food dispensing or eating establishment where food or drinks are served mainly in disposable containers, or where patrons are permitted to park cars on the premises for the purpose of being served or sold food or drinks therein or for the purpose of consuming food or drinks outside the building but on the premises, or where the patron may approach the building for the purpose of transacting the purchase of food stuffs or drinks of any kind without leaving the vehicle, or combination of the foregoing types whether or not there are eating counters or tables inside or outside the building.
DUMP/LANDFILL
A parcel of land, or part thereof, used for the disposal by abandonment, dumping, burial, burning, or any other means, and for whatever purpose, or garbage, trash, refuse, junk, discarded machinery, vehicles, or parts thereof, or waste material of any kind.
DWELLING
A building designed or used as the living quarters for one or more families. The term "dwelling" shall include seasonal homes, and they must meet all the requirements of this chapter and all other regulations or laws applicable to dwellings.
DWELLING, MIXED COMMERCIAL/RESIDENTIAL
A multilevel building having the lower level containing, or designed to contain, a commercial facility(ies) and the upper level containing, or designed to contain, a dwelling unit(s).
[Added 11-26-2008 by L.L. No. 2-2008]
DWELLING, ONE FAMILY
A detached building of 500 square feet minimum containing one dwelling unit only and designed or used exclusively for the occupancy of one family.
DWELLING, TWO FAMILY
A detached building containing two dwelling units only and designed or used exclusively for occupancy by two families.
DWELLING, MULTIPLE
A building or portion thereof designed or used exclusively for occupancy by no more than three families living independently of each other.
[Amended 2-9-2016 by L.L. No. 1-2016]
DWELLING UNIT
One or more rooms designed for occupancy by one family for cooking, living and sleeping purposes.
[Amended 7-14-2009 by L.L. No. 4-2009]
EDUCATIONAL INSTITUTIONS
An institution, either public or private, providing full time instruction and a course of study which meets with the requirements of the New York State Education Law or a nursery, day care, or kindergarten which meets all pertinent requirements set by the New York State Education Law or the New York State Health Code.
EXPLICITLY PROHIBITED USES
The explicitly prohibited uses defined and described in § 190-27 of this chapter.
[Added 7-10-2012 by L.L. No. 3-2012]
FAMILY
One or more persons occupying a dwelling unit as a single nonprofit housekeeping unit. More than five persons not related by blood, marriage or adoption shall not be considered to constitute a family.
FARM
A tract of land meeting the acreage requirements of this chapter, used wholly or in part for agriculture and/or animal husbandry.
FARM BREWERY
An establishment where no more than 75,000 barrels of New York State labeled beer is manufactured annually (minimum of 50 barrels). New York State labeled beer is made with no less than a certain percentage, by weight as set forth in Alcoholic Beverage Control Law § 3, Subdivision 20-d, of its hops grown in New York State and no less than a certain percentage, by weight, of all of its other ingredients, excluding water, grown in New York State. In addition to the manufacture of beer, a farm brewer is authorized to perform the following activities on the premises:
[Added 3-10-2015 by L.L. No. 1-2015]
A. 
Sell in bulk beer manufactured by the farm brewer to any person licensed to manufacture alcoholic beverages in this state;
B. 
Sell or deliver beer manufactured by the farm brewer to persons outside the state pursuant to the laws of the place of such delivery;
C. 
Sell beer manufactured by the farm brewer to wholesalers and retailers licensed in this state to sell beer, licensed farm distillers, licensed farm wineries, licensed farm cideries, and any other licensed farm brewery;
D. 
Sell at the premises beer manufactured by the farm brewer, or any other licensed farm brewery, at retail for consumption on or off the premises;
E. 
Conduct tastings at the premises of beer manufactured by the farm brewer or any other licensed farm brewery;
F. 
Operate a restaurant, hotel, catering establishment, or other food and drinking establishment in or adjacent to the premises and sell at such place, at retail for consumption on the premises, beer manufactured by the farm brewer and any New York State labeled beer;
G. 
Manufacture, bottle, and sell food condiments and products such as mustards, sauces, hop seasonings, beer nuts, and other hops- and beer-related foods in addition to beer and hops soaps, hop pillows, hop wreaths and other such foods and crafts on and from the premises;
H. 
Store and sell gift items in a tax-paid room upon the premises incidental to the sale of beer. These items shall be limited to the following categories:
(1) 
Nonalcoholic beverages;
(2) 
Food items for the purpose of complementing beer tastings, which shall mean a diversified selection of food that is ordinarily consumed without the use of tableware and can be conveniently consumed while standing or walking;
(3) 
Food items, which shall include locally produced farm products and any food or food product not specially prepared for immediate consumption upon the premises;
(4) 
Beer supplies and accessories, which shall include any items utilized for the storage, serving, or consumption of beer or for decorative purposes;
(5) 
Beer-making equipment and supplies; and
(6) 
Souvenir items, which shall include, but not be limited to, artwork, crafts, clothing, agricultural products, and any other articles which can be construed to propagate tourism within the region; and
I. 
Conduct tours of the premises.
FARM STAND
A small open-air-type structure sometimes but not always roofed, for the display of farm produce for sale.
FIREHOUSE OR OTHER EMERGENCY SERVICE HEADQUARTERS
A building or structure in which fire-fighting apparatus and equipment, ambulance apparatus and equipment, police vehicles/apparatus and/or equipment and/or any other emergency services apparatus and equipment are housed and stored. Such buildings may or may not include meeting rooms or any other ancillary facilities for the use of the members of these groups.
FLEA MARKET
The sale, vending or peddling of new or used general merchandise and/or household merchandise on a scheduled basis by multiple vendors.
FLOODPLAIN
A nearly flat plain along the course of a steam or other large body of water that is naturally subject to flooding and as defined by the Federal Emergency Management Agency (FEMA) and depicted on the official flood hazard boundary maps for the Town of Highland.
FLOOR AREA
The gross horizontal area of a building measured from the exterior face of the exterior wall. Total area is the sum of the gross areas for each floor of level.
FOREST MANAGEMENT
The controlling and supervision of a large tract of land covered with trees and underbrush or as defined by New York State Department of Environmental Conservation.
GAME CENTER
A premises used or intended to be used for the operation of amusement devices.
GAME ROOM
A portion of a premises used or intended to be used for the operation of amusement devices, supplementary and subordinate to the permitted principal use of the premises therein.
GARAGE, PRIVATE
An enclosed space for the storage of not more than three motor vehicles, provided that no business, occupation or service is conducted for profit therein, or more than one space is leased to a nonresident of the premises.
GARAGE SALE (includes YARD SALE, PORCH SALE or BARN SALE)
The sale of household merchandise owned by the resident of the premises or a person acting together with such resident.
HOME OCCUPATION
Any gainful occupation customarily conducted within a dwelling by the residents thereof which is clearly secondary to the use of the dwelling for living purposes, and which does not change the character of the structure as a residence. Said activity shall not occupy more than 50% of the habitable floor area of the dwelling.
JUNK
Including, but not limited, vehicles, tires, vehicle parts, equipment, paper, rags, metal, glass, building materials of all kinds, household appliances, brush, wood or lumber.
KENNEL
The keeping or boarding, whether as a hobby or for profit, of five or more dogs within the confines of a residence or in a separate structure specific to this purpose.
[Amended 7-14-2009 by L.L. No. 4-2009]
LANDSCAPING PLAN
A lot plan showing site grading, road and building footprint, landscape design, open space and plantings.
[Added 7-14-2009 by L.L. No. 4-2009]
LIVABLE FLOOR AREA
The sum of the gross horizontal area of the floor of a dwelling unit as measured from the exterior walls of all rooms. Floor space shared in common with other dwelling units or used for storage purposes or in the operation and maintenance of the building shall not be included in computing floor area.
LIVESTOCK
Animals, including, but not limited to, domestic farm animals such as pigs, sheep, horses, cattle and goats.
LOT
A parcel of land occupied or capable of being occupied for a principal use and buildings and uses customarily incidental thereto.
LOT AREA
The total horizontal area of a parcel of land included within the exterior lines of a lot, not including any part of a street right-of-way.
LOT, CORNER
A lot at the junction of the fronting on two or more intersecting streets.
LOT COVERAGE
The portion of a lot that is covered by buildings or structures.
[Amended 7-14-2009 by L.L. No. 4-2009]
LOT DEPTH
The average distance from the front lot line of a lot to the rear lot line of such lot.
LOT FRONTAGE
The portion of a lot adjacent to and running parallel with the street.
LOT LINE
Any boundary of a lot.
LOT LINE, FRONT
The lot line generally adjacent to the street line.
LOT LINE, REAR
The lot line generally opposite to the street line.
LOT WIDTH
The distance between side lot lines, as measured at the required minimum front yard depth or at the front building line wherever it is located.
MANUFACTURED HOME
A structure, transportable in one or more sections, that, in the traveling mode, is eight feet or more in width or 40 feet or more in length or, when erected on site, is 500 square feet minimum, and that was built on or after June 15, 1976, on a permanent chassis and designed to be used as a dwelling with a permanent foundation (full basement or crawl space foundation with 42 inches of space from the varmint slab to the underside of the floor joist) when connected to the required utilities and includes the plumbing, heating, air conditioning, and electrical systems contained therein. The term "manufactured home" shall also include any structure that meets all the requirements of this definition except the size requirements and with respect to which the manufacturer voluntarily files a certification required by the federal Department of Housing and Urban Development and complies with the standards established under the National Manufactured Housing Construction and Safety Act of 1974, as amended. The term "manufactured home" shall not include any self-propelled recreation vehicle.
[Added 1-8-2007 by L.L. No. 1-2007]
MANUFACTURING
Any process whereby the nature, size or shape of articles or shape of articles of raw materials are changed, or where articles are assembled or packaged in quantity.
MEDICAL FACILITIES
Clinics, medical groups, hospitals or hospital annexes.
MINERAL EXTRACTION
Operations extracting greater than 1,000 tons per year of material on the premises on which it is extracted and including but not limited to such as gravel, rock, stone, sand, fill or minerals from the surface or below the ground. In no event shall "mineral extraction" be construed to mean, be, or include natural gas and/or petroleum exploration activities or natural gas and/or petroleum extraction activities (as those terms are respectively defined at § 190-27 of this chapter).
[Amended 7-10-2012 by L.L. No. 3-2012]
MOBILE HOME
A mobile dwelling unit equipped with a chassis, whether mounted on a temporary or a permanent foundation and provided with plumbing, heating, electrical, cooking and refrigeration facilities.
MODULAR HOME
A structure designed primarily for residential occupancy and constructed by a method or system of construction whereby the structure or its components are wholly or in substantial part manufactured in manufacturing facilities, intended or designed for permanent installation, or assembly and permanent installation.
[Added 1-8-2007 by L.L. No. 1-2007]
MOTEL/HOTEL
Any establishment consisting of a building or group of buildings providing sleeping accommodations with individual bathrooms and designed for use by transient travelers.
[Amended 7-14-2009 by L.L. No. 4-2009]
MOTOR HOME
A mobile, self-propelled recreational vehicle.
[Added 11-26-2008 by L.L. No. 2-2008]
NONCONFORMING BUILDING OR USE
A building, structure, or use of land lawfully existing at the time of enactment of this chapter which does not conform to the regulations of the district or districts in which it is located.[1]
OUTDOOR RECREATION
Any recreational use particularly oriented and utilizing the outdoor character of the area, including, but not limited to, playgrounds, picnic areas, snowmobile, trail bike, jeep and all-terrain vehicle, downhill ski trails or similar uses in which physical alteration to the land occurs.
[Amended 7-14-2009 by L.L. No. 4-2009]
PARK or PARKING
The standing of a vehicle, whether occupied or not, otherwise than temporarily for the purpose of and while actually engaged in loading or unloading merchandise or passengers.
[Added 8-9-2016 by L.L. No. 2-2016]
PERSON
Any individual, owner, firm, company, association, society, corporation or group.
PUBLIC FACILITY
A service or services provided to the general public gratis or for a nominal fee, such as, but not limited to, comfort stations, information centers, public telephones, porta toilets, and in the case of campgrounds, fireplaces, potable water supplies, toilets and urinals, and showers.
[Amended 7-10-2012 by L.L. No. 3-2012]
PUBLICLY ACCESSIBLE FLOOR SPACE
The total area in square feet of a building that is available for public use. Areas not considered available to the public include, but are not limited to: warehousing areas, private offices and loading areas.
[Added 5-12-2015 by L.L. No. 2-2015]
PUBLIC PARKS AND RECREATION
Land in public ownership set aside for public use which may or may not have developed recreational facilities such as playgrounds, tennis courts, baseball fields, picnic areas and/or lavatories.
PUBLIC UTILITY
An entity which operates as a monopoly, and whose rates charged to customers are established by a utility commission. A public utility facility is a facility which is operated by a public utility, and which provides electric, gas, steam, telephone service, water or sewerage directly to the general public.
[Added 7-10-2012 by L.L. No. 3-2012]
QUARRYING
An excavation or pit usually open to the air, from which building stone, slate, or the like is obtained by cutting, blasting, etc., as a business for profit. In no event shall "quarrying" be construed to mean, be, or include natural gas and/or petroleum exploration activities or natural gas and/or petroleum extraction activities (as those terms are respectively defined at § 190-27 of this chapter).
[Amended 7-14-2009 by L.L. No. 4-2009; 7-10-2012 by L.L. No. 3-2012]
RECREATIONAL VEHICLE
A vehicular unit primarily designed as temporary living quarters for recreational camping or travel use, which either has its own motive power or is mounted on or drawn by another vehicle. The basic entities are travel trailer, camping trailer, truck camper and motor home.
[Added 11-26-2008 by L.L. No. 2-2008]
REPAIR
Replacement or renewal, excluding additions, of any part of a building, structure, device, or equipment, with like or similar materials or parts, for the purpose of maintenance of such building, structure, device or equipment, for which no building permit is required.
REPAIR SHOP
Any service operation available to the public, operated for gain, and which is used for the sale of petroleum and small engine products, storage, repair, rental greasing, washing, servicing, adjusting or equipping small engines, lawn and garden, and recreational equipment.
RESTAURANT
A business enterprise preparing and serving food and beverage selected from a full menu by patrons seated at a table or counter, indoors, and for the most part consumed on the premises, which may or may not include the sale of alcoholic beverages as an accessory use, such as but not limited to a diner, convenience store, food counter, or the like.
RETAIL STORE
An enclosed store for the sale of retail goods such as but not limited to a personal service shop, department store, convenience store, food store, or any other store for the retail sale of other products.
SAWMILL
A place or building whose primary purpose is where timber is sawed into planks, boards, etc. by machinery for the production of various sizes, grades, and types of lumber from hardwood, conifer logs and other timber.
SCREENING
That which conceals or hides from view of the community and is aesthetically pleasing, preferably vegetation and/or fencing, in keeping with the standards of the community.
[Amended 11-26-2008 by L.L. No. 2-2008]
SERVICE ESTABLISHMENTS
A store or office offering the following types of services:
A. 
Personal convenience services including but not limited to, barber shops, beauty shops, shoe repair, and dry cleaning shops;
B. 
Specialty services, including but not limited to, photo studios, tailors, taxidermists, and catering services;
C. 
Financial services, including, but not limited to, banks, credit unions, and other financial services.
Service establishments shall not have any outdoor storage of equipment.
SIGN
Shall mean, but shall not be limited to, any object, device, display, structure, or part thereof, situated outdoors or indoors, and intended for viewing from the building exterior, which is used to advertise, identify, display, direct, or attract attention to an object, person, institution, organization, business, product, service, event, or location by any means, including words, letters, figures, designs, symbols, fixtures, colors, illumination, or projected images.
SIGN AREA
Includes all faces of a sign measured as follows:
A. 
When such sign is on a plate or framed or outlined, all of the area of such plate or the area enclosed by such frame or outline shall be included.
B. 
When such sign consists only of letters, designs, or figures engraved, painted, or projected or in any manner affixed on a wall, the total area of such sign shall be deemed the area within which all of the matter of which such sign consists may be inscribed.
SIGN, BILLBOARD
A commercial structure or sign which directs attention to a business, product, service, or attraction conducted, manufactured, sold or displaced elsewhere than upon the lot on which such sign is displayed.
SIGN, DIRECTIONAL
A sign which indicates the route or direction to an establishment.
SIGN, DIRECTLY ILLUMINATED
A sign which gives forth artificial light directly or through a transparent or translucent material from a source of light connected to the sign or part of a sign structure.
SIGN, DIRECTORY
A sign on which are listed the names of persons or agencies in a place or location common to all.
SIGN, FACIAL
A sign affixed to the wall of a building, the display surface of which does not extend more than 18 inches beyond such wall at any point of measurement.
SIGN, FLASHING
Any illuminated sign on which the artificial or reflected light is not maintained stationary and constant in intensity and color at all times when in use. Any revolving illuminated sign or revolving luminary device shall be considered a flashing sign.
SIGN, FREESTANDING
Any sign not attached to a building or structure of any kind.
SIGN, IDENTIFICATION
A sign which identifies a business, industry, service or attraction conducted upon the lot on which the sign is displayed, or which attracts attention to a commodity sold or displayed upon the lot or premises.
[Amended 7-14-2009 by L.L. No. 4-2009]
SIGN, INDIRECTLY ILLUMINATED
A sign illuminated by a source of light which is detached from the sign structure and which is shielded so that illumination is directed upon the sign and the source of light is not visible from an adjoining property or street.
SIGN, INTERIOR
Any sign that is affixed to or painted on the interior of a window or any sign located within one foot of the inside face of the window, which sign is designed to be visible from the exterior of the window.
SIGN, PROJECTING
Any sign which is attached to a building, whether by braces, brackets, or similar connecting devices, which sign is not parallel to the face or wall of the building or structure and the display surface of which sign extends more than 18 inches beyond such face or wall at any point of measurement therefrom.
SIGN, ROOF
Any sign located any place on the roof of a building or structure which is fastened and/or secured wholly or partially onto the roof.
SIGN, VEHICLE
(It is the purpose and intent of the following definition to prevent an attempt to circumvent the freestanding sign section of the chapter by utilization of vehicles as a substitute for a permitted freestanding sign.) Any letter, group of letters, words, or other devices or representations which form or are used as, or are in the nature of, an announcement, advertisement, or other attention-directing device, placed, painted, affixed, attached upon a motor vehicle, vehicle or trailer of any type, registered or unregistered, is prohibited. Excluded herefrom are motor vehicles, vehicles, or trailers lawfully registered and insured, regularly used in the business conducted on the premises and not having attached thereto temporary or removable signs.
[Amended 7-14-2009 by L.L. No. 4-2009]
SITE DEVELOPMENT PLAN
A plan prepared by an architect, engineer, or land surveyor, including natural features, existing structures and utilities, proposed improvements and divisions, including any and all necessary legal data, and any other information deemed necessary by the Planning Board.
SITE PLAN
A plan drawn to scale showing the property and such items as, but not limited to, proposed building locations, utilities, access and easements, streets, rights-of-way, and land use areas, along with any other information deemed necessary by the Planning Board.
STABLE
A stable is, for the purpose of this chapter, defined as the keeping or boarding of any number of horses either as a hobby or for profit, whether within or outside a structure of shelter.
STAND or STANDING
The stopping of a vehicle, whether occupied or not, otherwise than temporarily for the purpose of and while actually engaged in receiving or discharging passengers.
[Added 8-9-2016 by L.L. No. 2-2016]
STORY
That part of a building which is between the surface of the floor and the ceiling immediately above.
STREET
A public way which affords principal means of access to abutting properties.
STREET LINE
The dividing line between a lot and the traveled way of a street.
STRIPPING
Permanent relocation of soil aggregates of quantities of 1,000 tons or more per year, exclusive of foundation excavation and pond sites. In no event shall "stripping" be construed to mean, be, or include natural gas and/or petroleum exploration activities or natural gas and/or petroleum extraction activities (as those terms are respectively defined at § 190-27 of this chapter).
[Amended 7-10-2012 by L.L. No. 3-2012]
STRUCTURE
Anything constructed or erected for occupancy or use which requires location on the ground or attachment to something having a location the ground, including ground signs. Appurtenances such as railings, flagpoles, cooking grills, etc. are excluded.
[Amended 7-14-2009 by L.L. No. 4-2009]
SWIMMING POOL
Anything man-made for the purpose of containing filtered and chlorinated water more than 24 inches deep and/or having more than 250 square feet of water surface area, which water is used solely for bathing or swimming.
TRAILER
Any vehicle not propelled by its own power drawn on the public highways by a motor vehicle.
TRAVEL TRAILER
A recreational vehicle not propelled by its own power and drawn on public roads by a motor vehicle.
[Added 11-26-2008 by L.L. No. 2-2008]
UDRC
Meaning the Upper Delaware River Corridor as if fully spelled out.
USE
The specific purpose for which land or a building is used or occupied or maintained.
USE, PERMITTED
A use of land specifically authorized within a zoned district.
USE, SPECIAL PERMITTED
A permitted use which is contingent upon compliance with conditions specified in this Zoning Law and the issuance of a special use permit by the Planning Board.
YARD, FRONT
An unoccupied ground area fully open to the sky between the front property line and the front building line.
[Amended 7-14-2009 by L.L. No. 4-2009]
YARD, REAR
An unoccupied ground area full open to the sky between the rear property line and the rear building line.
YARD, SIDE
An unoccupied ground area fully open to the sky between any property line other than a street line or rear lot line, and a line drawn parallel thereto, and between the front and rear yards.
[1]
Editor's Note: The former definition of "oil and natural gas drilling," which immediately followed this definition, was repealed 7-10-2012 by L.L. No. 3-2012.

§ 190-3 List of districts.

The Town of Highland is hereby divided into the districts listed below:
H-C
Hamlet – Commercial District
R-1
Residential District
R-2
Residential – Agricultural District
WLRD
Washington Lake Resort District

§ 190-4 Zoning Map.

The boundaries of the said districts are hereby established as shown on the "Zoning Map, Town of Highland" dated April 11, 1989, which accompanies, and which, with all explanatory matter thereon, is hereby adopted and made a part of this chapter. A copy of said map indicating the latest amendments, shall be kept up-to-date in the offices of the Town Clerk, Code Enforcement Officer, Assessor, Planning Board and Zoning Board of Appeals for the use and benefit of all the public.[1]
[1]
Editor’s Note: The Zoning Map is also included in the online version of the Code of the Town of Highland (eCode360®).

§ 190-5 Boundaries.

In determining the boundaries of the districts shown on the map, the following rules shall apply:
A. 
Unless otherwise shown, the district boundaries shall coincide with property lines, center lines of streets, highways, waterways, railroad and utility rights-of-way, municipal boundary lines or such lines extended.
B. 
Where such boundaries are indicated as approximately following the property lines of publicly owned lands, such lines shall be construed to be such boundaries.
C. 
Measurements stated are indicated as approximately following the property lines of publicly owned lands, such lines shall be construed to be such boundaries.
D. 
Within each district, the regulations set by this part shall be minimum regulations and shall apply uniformly to each kind of structure or land.
E. 
Where such boundaries are indicated as approximately following the property line, such lines shall be construed to be such boundaries which existed when the new zoning boundaries were established.
F. 
In all cases where a district boundary line is located not farther than 15 feet away from a lot line of record, such boundary line shall be construed to coincide with such lot line.

§ 190-6 Zoning Schedule; Bulk Regulation Table.

The Zoning Schedule and Bulk Regulation Table for the Town of Highland are hereby made a part of this chapter and are to be strictly complied with.[1]
[1]
Editor's Note: The Zoning Schedule and Bulk Regulation Table are included at the end of this chapter.

§ 190-7 Supplementary regulations applying in all districts.

A. 
Accessory buildings.
(1) 
An accessory building of 144 square feet or less in area not exceeding two in number, may be located in any required side or rear yard provided that such building shall not exceed 15 feet in overall height.
(2) 
Such building shall be set back at least 15 feet from side or rear lot line(s), and shall be located not less than 10 feet from the principal building or as required by the New York State Uniform Fire Prevention and Building Code.
[Amended 7-14-2009 by L.L. No. 4-2009]
(3) 
Any accessory building greater than 144 square feet in area and/or 15 feet in height shall conform with the bulk regulations.
(4) 
An unroofed deck is to be considered an accessory structure, which shall comply with all setback requirements only when more than eight inches above the finished grade at its highest point.
(5) 
All accessory structures shall meet with the appropriate minimum setback requirements as set forth in this chapter or elsewhere in this chapter.
(6) 
For the purpose of this chapter, the following are not to be considered a "structure" and therefore do not require a building permit or final certificate: a fence or wall not exceeding 6 1/2 feet in overall height; railings; flagpoles; portable cooking grills; storage sheds not over 144 square feet in size and two in number, "on grade" decks or patios not over eight inches about the finished grade at its highest point.
(7) 
Accessory buildings may not be used as a dwelling, except that nothing herein shall be construed to prevent the construction of accessory apartments for family members, where such apartments are otherwise permitted.
[Added 11-26-2008 by L.L. No. 2-2008]
(8) 
Retired manufactured housing, mobile homes, storage containers, travel trailers, and unlicensed trailers may not be used as accessory structures.
[Added 11-26-2008 by L.L. No. 2-2008]
(9) 
Preexisting, nonconforming, retired manufactured housing, mobile homes, travel trailers, storage containers, and unlicensed trailers that were in place prior to the date of the adoption of this subsection may continue to be used as accessory structures, provided that they are screened from view from the road fronting said property, and from the lots adjacent to said property, and provided that the cooking, refrigeration and plumbing facilities have been removed or disabled. Notwithstanding § 190-30D of the Town Code, such preexisting nonconforming structures being used as accessory buildings may not be replaced.
[Added 11-26-2008 by L.L. No. 2-2008]
(10) 
When a building permit has been issued, construction trailers, bulk containers and other storage facilities normally associated with the building trade may be allowed during the period of active construction, provided that they are not used as dwelling units and are removed immediately upon issuance of a certificate of occupancy or certificate of compliance or upon the expiration and nonrenewal of the building permit.
[Added 11-26-2008 by L.L. No. 2-2008]
B. 
Corner lots.
(1) 
Obstruction to vision at street intersection. At all street intersections in all districts, no obstruction to vision, including vegetation, exceeding 30 inches in height above curb level shall be erected or maintained on any lot within the triangle formed by the street lines of such lot and a line drawn between points along such street lines 30 feet distant from their point of intersection.
(2) 
Rear and side yards. On a corner lot, front yards are required on both street frontages, and one yard other than the front shall be deemed to be a rear yard and the other a side yard.
C. 
Exceptions to yard requirements.
(1) 
Permitted obstructions. Cornices or cantilevered roofs may project not more than three feet into a required yard. Window sills and other ornamental features may project not more than six inches into a required yard. Fences or walls of any height may be erected anywhere on the lot, except as set forth in this section. Fences or walls with a height in excess of 6 1/2 feet shall require a building permit.
(2) 
Entry porches. An unroofed and unenclosed projection in the nature of an entry, not more than eight feet wide and extending not more than six feet out from the front wall of the building, shall be exempt from front yard requirements when the building otherwise complies with all other yard restriction of this chapter.
D. 
Existing small lots.
(1) 
Unimproved lots. A lot owned individually and separately and separated in ownership from any adjoining tracts of land on the effective date of this chapter, which has a total lot area or lot width less than prescribed in this chapter, may be used for the zoned use of the property, provided such lot shall be developed in conformity with all applicable district regulations other than the minimum lot area, lot width and side yards. Existing small lots meeting the above stipulations shall comply with the following:
(a) 
For single-family dwellings only, where applicable.
For Lots in Width
(in feet)
Minimum of One Side Yard Shall Be
(in feet)
Total Minimum of Both Side Yards Shall Be
(in feet)
Greater Than
But Less Than
90
120
20
40
80
90
12
35
60
89
10
27
49
60
7 1/2
No less than 1/3 of lot width
(2) 
Improved lots. An existing improved lot owned individually and separately and separated in ownership from any adjoining tract of land on the effective date of this chapter which has an existing lot area, width, depth and/or setbacks less than prescribed in this section, including any lot that became deficient by reason of any governmental condemnation, or "taking" of a portion of said lot or any building damaged more than 50% as stipulated in section, may be used for the zoned use of the property, provided such lot shall be developed in conformity with all applicable district regulations other than the existing deficient lot area, lot width, lot depth and/or setbacks. However, any new addition to the "footprint" of the main building in regards to increasing the length, depth or height of the main building shall comply with the Bulk Regulations Table[1] as to setbacks, height and all other requirements in effect at that time. This applies to both principal and accessory type buildings and structures as stipulated in the Bulk Regulations Table and § 190-7A(1) through (5) with § 190-7B being the exception.
[1]
Editor's Note: The Bulk Regulations Table is included at the end of this chapter.
E. 
Height regulations.
(1) 
Where a lot has frontage on two or more streets or other public rights-of-way, the height limitation shall apply only as measured from the curb level along the street or right-of-way with a higher elevation above sea level.
(2) 
Structures such as chimneys, flues, private home antennas, flagpoles, spires, belfries, and skylights shall be exempt from height limitations provided they occupy not more than 20% of the roof area. Barns and silos are also exempt from height limitations.
(3) 
Freestanding antennas not over 80 feet in height are permitted, providing they comply with this section and the Bulk Regulations Table.[2]
[2]
Editor's Note: The Bulk Regulations Table is included at the end of this chapter.
F. 
Wind energy conversion systems (WECS).
[Added 11-26-2008 by L.L. No. 2-2008]
(1) 
Residential WECS.
(a) 
Permitted in the following districts: Residential District (R-1) and Residential District (R-2).
(b) 
Maximum number of towers per lot or on contiguous lots held in common ownership: one per lot, minimum of five acres.
(c) 
Maximum tower height: 100 feet measured from the mean grade surrounding the support pad(s) to the base of the wind generator measured along the vertical axis of the tower.
(d) 
Minimum tower setback distance from nearest property line is twice the distance measured from the mean grade surrounding the support pad(s) to the tip of the highest blade in vertical position measured along the vertical axis of the tower.
(e) 
Minimum distance from guy wire to property line: 15 feet.
(f) 
Blade color: White or light gray.
(g) 
Protection. The base of the tower must be styled to be nonclimbable for at least the lower 12 feet. It must also be surrounded by an eight-foot-high protective fence styled to be nonclimbable. One such example is security mesh (one or 1 1/4 link).
(h) 
Flicker effect. The windmill shall not be located as to create a flicker effect, that being a rotating shadow that may fall upon an occupied residence not owned by the owner of the windmill.
(i) 
Noise. Windmill noise shall comply with appropriate Town Code currently § 190-29, entitled "Noise standards."
(j) 
Abandonment. The Building Inspector may cause the owner to remove WECS, including all appurtenances thereto, if the facility fails to generate power for one year or more.
(k) 
If electromagnetic interference is caused by the installation of a WECS, the installation shall be deemed a public nuisance in violation of § 190-11 of this chapter. The violation shall be corrected within 90 days from the date of notification. If the electromagnetic interference cannot be remedied, the WECS shall be removed or relocated.
(l) 
A property owner is not to exceed 100 kilowatts of power that can be sold back to NYSEG or others.
(2) 
There shall be no commercial WECS in the Town of Highland.

§ 190-8 Floodplain district. [1]

A. 
The Town of Highland joined the regular phase of the Federal Emergency Management Agency's (FEMA) Flood Insurance Program on March 4, 1987. All development in flood areas is regulated by FEMA regulations adopted by the Town as a local law on April 7, 1987, or any regulations or local laws which update this chapter.
B. 
For areas where no FEMA mapping exist, and a flooding potential exists in the judgment of the Code Enforcement Officer or the Planning Board, no structure shall be build within the floodplain. The limits shall be determined by the developer by one of the following methods:
(1) 
Determine the cross section of the channel by using 150% of the area of the nearest upstream publicly owned drainage structure.
(2) 
Complete a hydrological computation using any recognized applicable method.
(3) 
Keep structures 25 feet outside and five feet higher than any observed high water mark, such as old stream channels, erosion, vegetation disturbance or scars.
[1]
Editor's Note: See also Ch. 70, Flood Damage Prevention.

§ 190-9 Supplementary sign regulations in all districts.

A. 
Permitted signs and required postal numbers. The following signs are permitted in all districts without a permit.
(1) 
Professional resident-office, home occupation, and personal signs, one per premises, not to exceed six square feet in area.
(2) 
"For rent" or "For sale" signs not exceeding six square feet, and not exceeding three per premises.
(3) 
Directional or informational signs not exceeding three square feet or two per premises.
(4) 
Signs necessary for public safety or welfare.
(5) 
Signs identifying a construction project and the specialists concerned, not exceeding eight square feet for a residential construction and 32 square feet for commercial construction, for the period of construction and not exceeding 90 days after the completion of construction and the issuance of the C/O.
(6) 
Trespassing or posted signs when such signs comply with the existing laws and regulations for posting property.
B. 
Prohibited signs. The following permanent signs are prohibited in all districts:
(1) 
Billboards and roof signs.
(2) 
Any sign placed in such a position that will cause danger to the public safety by obstructing access to, but not limited to, a door, window, or fire escape, or by shining a light on the street.
(3) 
Mechanical signs, signs with oscillating or flashing lights, or signs that cause ambient light.
(4) 
Signs that compete for attention with, or may be mistaken for, a traffic sign or signal.
(5) 
Signs painted, in whole or in part, in fluorescent or "day-glo" colors.
(6) 
Signs that are not permanently or securely fixed to the ground or to a permanently, immovable structure.
(7) 
Signs attached to utility poles or trees, except posted signs.
(8) 
Ribbons, streamers, spinners, or similar moving, fluttering or revolving devices.
C. 
Signs permitted in a Hamlet-Commercial District. The following signs are permitted on a permanent basis subject to obtaining a permit from the Code Enforcement Officer:
(1) 
Business signs, total area not to exceed 32 square feet.
(2) 
Businesses which are authorized agents for any manufacturer or distributor shall be permitted one additional 16 square feet of signage to advertise such affiliation. In no event shall total signage exceed 48 square feet per property.
(3) 
Businesses which have secondary lines of business shall be permitted one additional 16 square feet of signage to advertise such non-primary businesses. In no event shall total signage exceed 48 square feet per property.
(4) 
One sign per road frontage shall be permitted. Double-faced signs are permitted, providing this section is adhered to. Area shall be computed on one face only of any double-faced sign.
D. 
Sign application procedures. Each application shall consist of:
(1) 
The name, address and telephone number of the applicant, owner of the real property on which the sign will be located, owner of the sign, and contractor(s) who will build, install and maintain the sign.
(2) 
A drawing in appropriate scale to show the design, dimensions, and color of the graphics, wording, and sign structure, details of any illumination source and placement of the sign relative to the building or structure on which it is located and relative to nearby buildings, structures, street lines, property lines and sight lines.
(3) 
If the property is not owner occupied, written consent of the owner of the real property on which the sign will be located is required.
(4) 
Fee. Permit fees are to be set at the discretion of and by the Town Board.
(5) 
Upon completion or placement of the sign, the Code Enforcement Officer shall take a photograph of the sign and place it on file.
(6) 
A completed application shall be approved or denied by the Code Enforcement Officer, in writing, within 10 days of application. Any application denied may be reviewed by and/or appealed to the Zoning Board of Appeals, after the Code Enforcement Officer, within 10 days stipulates in writing his reason(s) and the sections of this chapter his denial is based on.
E. 
Construction and installation standards for all signs.
(1) 
All signs shall be installed to withstand wind, rain, snow and storm; maintained in good condition and attractive appearance; and removed when no longer in active use, with the property properly landscaped and graded.
(2) 
All signs, including wall-mounted and projecting signs, shall be securely anchored and shall not swing or move in any manner that might create a hazard.
(3) 
All signs, sign finishes, supports and electrical work shall be maintained, cleaned, neatly painted and free from all hazards, including but not limited to loose supports, braces, guys and anchors.
(4) 
No part of any sign shall extend above the ridge line of any building.
(5) 
Any part of a sign extending over pedestrian traffic areas shall have a minimum height clearance of eight feet from the ground surface.
(6) 
No freestanding sign shall extend over or into the public right-of-way, nor shall it overhang property lines or restrict line of sight or clear vision between a sidewalk and a street.
(7) 
All signs shall be located so as not to interfere with the line of sight along any traveled way and at least 20 feet from any sideline, and may not exceed 20 feet in height above grade.
(8) 
Signs may be illuminated by a steady light, provided the lighting does not illuminate adjacent properties, create a traffic hazard, or create unnecessary ambient light.
(9) 
Lighting fixtures and wiring shall conform to all requirements of the latest edition of the National Electrical Code and including other applicable codes and regulations, and shall have a recognized Underwriter's approval if necessary.
(10) 
All sign fabrication, erection and attachments shall conform to the New York State Uniform Fire Prevention and Building Code and all other applicable codes, rules and regulations in effect.
F. 
Temporary signs in all districts.
[Amended 7-14-2009 by L.L. No. 4-2009]
(1) 
Temporary signs, including signs for meetings, conventions and other assemblies; signs that exceed the size permitted in section that lists the architect, engineer, contractor, and/or owner-on-premises where construction, renovation or repairs are in progress; political posters and signs not-for-profit promotional signs; private sales; or similar signs shall be placed on bulletin boards whenever possible.
(2) 
When no community bulletin board is available, the following freestanding temporary signs are allowed, subject to the following requirements:
(a) 
Freestanding temporary signs shall not exceed six square feet in area, with no single dimension exceeding four feet.
(b) 
Signs consisting of banners and pennants for special events and/or grand openings are not to exceed 30 days of display and twice annually.
(c) 
Signs advertising special events, including but not limited to grand opening signs, not to exceed 32 square feet. The square footage of special event or grand opening signs is in addition to permitted permanent signs.
(d) 
Sign content shall be limited to identification of the activity, facility, attraction, area, or site, the mileage from the sign to the site, and a route number or any other necessary wording permitted by the Code Enforcement Officer.
(e) 
Directional signs larger in size than three square feet in area.
(f) 
Temporary signs shall be removed within seven days after each event.
(g) 
Freestanding temporary signs shall not be erected more than 30 days prior to the event.
G. 
Nonconforming signs.
(1) 
A nonconforming sign may be maintained but not changed or enlarged. When a nonconforming sign is in need of repair as shall be determined by the Code Enforcement Officer, the sign shall be made to come in conformance with the requirements of this chapter. Painting a sign or changing its copy is allowed and no fee is required.
[Amended 7-14-2009 by L.L. No. 4-2009]
(2) 
Abandonment or discontinuance of the product, service, or business that a sign advertises for a period of more than one year shall cause the Code Enforcement Officer to order, in writing, said sign's removal.
H. 
Enforcement and removal of signs.
[Amended 7-14-2009 by L.L. No. 4-2009]
(1) 
Enforcement.
(a) 
In the event of a breach of any provisions of this chapter, the Code Enforcement Officer shall notify the owner of the premises, in writing, to bring the sign into conformance within a reasonable amount of time, not to exceed 15 days.
(b) 
In the event of a recurrence in the nature of the same violations, no further written notice is required prior to enforcement of same.
(2) 
Removal.
(a) 
In case of a failure to comply with any written notice within the prescribed time, the Code Enforcement Officer may remove or cause the removal of the sign and shall request the Town Board to assess all costs and expenses incurred against the owner of the land on which the sign is located.
(b) 
All costs and expenses incurred by the Town in causing the removal of any sign(s) shall be collected from the owner of the premises on which such sign is located. Payment shall be made within five business days of receipt of a written demand. Upon failure to make such payment, such costs and expenses shall be assessed against said owner and shall be paid and collected as part of the Town tax next due and payable. In addition, the Town may commence any other action or proceeding to collect such costs and expenses.
(c) 
Temporary signs shall be removed within seven days of the event or, if political signs, within seven days of the primary or general election.
(d) 
Freestanding-type signs advertising businesses that have terminated, or products or services no longer available in the Town, shall be removed within 60 days of such termination.

§ 190-10 Supplementary parking regulations in all districts.

A. 
Off-street parking requirements. Off-street parking space open or enclosed are permitted, subject to the following provisions:
(1) 
Schedule of parking requirements. Accessory off-street parking spaces, open or enclosed, shall be provided for any use specified below. Any land which is developed as a unit under single ownership and control shall be considered as a single lot for the purpose of these parking regulations. Reasonable and appropriate off-street parking requirements for buildings and uses which do not fall within the categories listed below shall be forwarded by the CEO to the Planning Board for consideration of all factors entering into the parking needs of each such use.
[Amended 5-12-2015 by L.L. No. 2-2015]
Use
Minimum Parking Spaces
One- or two-family dwelling
2 per dwelling unit
Multiple dwellings
1 1/2 per dwelling unit
Hotels, motels and bed-and-breakfasts
1 per guest room plus 1 for each employee
Home occupations, except physicians or dentists
3 spaces per each home occupation or professional office
Office or clinic for physician or dentist
5 spaces per each physician or dentist plus 1 space for each employee
Bowling alleys
5 per alley, plus 1 for each employee
Places of worship, libraries and other public buildings
1 space per 200 square feet of floor area, but not less than 1 space for each 5 seats where provided
Private elementary schools
2 spaces per classroom plus 1 space for each 5 seats in any auditorium or place of assembly
Private secondary schools
4 spaces per classroom, plus 1 space for each 5 seats in any auditorium or place of assembly
Retail and services
1 space per 250 square feet of publicly accessible floor space plus 1 space for each employee
Restaurants and drinking establishments
1 space for each 3 seats or per 3 persons accommodated at capacity
Amusement facilities except bowling alleys
1 space for each 5 patrons plus 1 for each employee
Industrial establishments
1 space for each employee
Offices
1 for each 200 square feet of floor area
Golf course and other country clubs
1 space per member
Auditorium, convention hall, gymnasium, theater, studio or other place of public assembly not otherwise classified
1 space per 3 seats or per 40 square feet of seating floor area where fixed seating is not provided
(2) 
Areas computed as parking space. Areas which may be computed as open or enclosed off-street parking space include any private garage, carport, or other area available for parking, other than a street or driveway. However, a driveway within a required front yard for a one-family dwelling may count as one parking space.
(3) 
Size of spaces. Two-hundred square feet shall be considered one parking space exclusive of entrance and exit lanes and maneuvering aisles. Minimum parking stall width shall be nine feet zero-inch.
(4) 
Access. Unobstructed access to and from a street shall be provided. Such access shall consist of at least one ten-foot lane for parking areas with less than 12 spaces and at least two ten-foot lanes for over 12 spaces. No entrance or exit for any off-street parking area shall be located within 50 feet of any street intersection.
(5) 
Drainage and surfacing. All open parking areas shall be provided with a dustless surface, except for parking spaces accessory to a one-family or two-family dwelling.
(6) 
Joint facilities. Required parking spaces, open or enclosed, may be provided in spaces designed to serve jointly two or more establishments whether or not located on the same lot provided that the number of required spaces in such joint facilities shall be not less than the total required for all such establishments.
(7) 
Combined spaces. When any lot contains two or more uses having different parking requirements, the parking requirements for each use shall apply to the extent of that use. Where it can be conclusively demonstrated that one or more such uses will be generating a demand for parking spaces primarily during periods when the other use or uses is not or are not in operation, the Planning Board may reduce the total parking spaces for that use with the least requirement.
(8) 
Location. Required accessory parking spaces, open or enclosed, shall be provided upon the same lot as the use to which they are accessory.
(9) 
On lots divided by district boundaries. When a parking lot is located partly in one district and partly in another district, the regulations for the district containing the use shall apply to all of the lot. Parking spaces on such a lot may be located without regard to district lines, provided that no such parking spaces shall be located in any R-1 or R-2 District unless the use to which they are necessary is permitted in such district or upon approval of the Planning Board.
(10) 
This subsection articulates standards for conditions under which a waiver or exception from the general parking requirements may be allowed by the Planning Board.
[Added 5-12-2015 by L.L. No. 2-2015]
(a) 
If the applicant believes that the required number of parking spaces is in excess of what is needed for the proposed use, the applicant may submit a request with justification to the Planning Board for a waiver or exception from the parking space requirements. The Planning Board may require the submission of a parking demand analysis as part of any request for a waiver or exception from the general parking requirements.
(b) 
The Planning Board may authorize a waiver or exception from the number of otherwise required parking spaces, not to exceed a thirty-percent reduction based upon the following criteria:
[1] 
The likelihood that parking will be shared with adjoining facilities, the impact of daily peak visitation or use periods on demand and the hours of operation as compared to other neighborhood activities.
[2] 
Regional and local studies of area businesses' parking needs, reflective of the particular business and for the type of use proposed or actual case-study comparisons for projects of similar character. The Planning Board may require the developer or applicant to gather and submit such data in support of its proposed parking provisions.
[3] 
The expected occupancy rates, traffic levels and numbers of employees in connection with any enterprise and the degree to which these directly relate to parking requirements.
[4] 
The use of pervious surfacing to reduce stormwater impacts is encouraged and may be considered in lieu of paved parking.
[5] 
The availability of reserve areas designated on the site plan for future parking development in the event of demonstrated need, as determined and directed by the Code Enforcement Officer or Planning Board. The intent of this subsection is to allow some flexibility in the timing of the provision of parking, where the Planning Board has determined there is some uncertainty as to the parking demand for a particular use, and the immediate provision of parking would require significant alteration of natural topography or disturbance to wooded sites. Where the Planning Board determines the immediate use of any property may not require the full initial improvement of all off-street parking, the Planning Board may waive the initial improvement of not more than 30% of the required number of spaces, provided the total number of parking spaces is shown on the approved plan. The initially unimproved area shall be reserved for future use, although the Planning Board may require said area be graded for parking in accordance with the approved plan. All such reserve lands, if graded, shall be landscaped in accordance with the approved landscaping plan until the reserved spaces may be required to be improved. Reserved spaces shall be improved within six months of the date of written notice from the Planning Board that such spaces have been determined to be necessary. Appropriate written guaranties to the above shall be provided by the owner and approved by the Town Attorney. The Planning Board may also require a performance guaranty or other surety be posted to ensure the completion of said reserve parking.
[6] 
The Planning Board shall be satisfied that any modification of parking requirements: i) will not adversely affect traffic flow on the site; ii) will leave adequate parking for all of the reasonably anticipated uses or occupancies of the project; and iii) will not otherwise adversely affect the general welfare of the community.
B. 
Regulations for parking spaces adjacent to lots in any R-1 or R-2 District.
(1) 
Whenever a parking area of over five spaces abuts or is within 15 feet of the side or rear lot line of a lot in any R-1 or R-2 District, the said parking lot shall be screened from such adjoining lot by a substantial wall, fence, or thick hedge, approved by the Planning Board. Generally, such screen shall be not less than five or more than eight feet in height.
(2) 
Whenever a parking area of over five spaces is located across the street from other land in any R-1 or R-2 District, it shall be screened from view of such land by a thick hedge, wall, or fence approved by the Planning Board, not less than 30 feet from either line; such screening to be interrupted only at points of ingress and egress. No such screening shall be less than four feet in height. Two identification and directional signs located on the street side of such screening shall be permitted; however, they shall not exceed an area of three square feet each.
C. 
Commercial vehicles.
(1) 
Up to three commercial vehicles exceeding 18,000 pounds' gross weight may be parked on an occupied lot in all districts, but not within the required yards of such lot and in no case between the street line and the principal building. Such vehicles, when parked, must have their engines and refrigeration units, if any, off.
(2) 
Commercial farm vehicles are permitted as accessory to a commercial farm use in all districts and are exempt from parking regulations.
(3) 
Boats and boat trailers may be stored in well-screened commercial storage lots and/or campgrounds.
D. 
Trailers and boats.
(1) 
The storage or parking and use of any type of trailer except a boat trailer by any person or persons is hereby prohibited in all districts except: Not more than one camper and one trailer may be stored on an occupied lot in any district, provided that such camper or trailer is not stored within any required side or rear yard of such lot, nor between the street line and the principal building.
(2) 
Boats and/or boat trailers may be stored on an occupied lot, provided that such boat is not stored within any required side or rear yard of such lot, nor between the street line and the principal building. This requirement shall not apply to waterfront properties.

§ 190-11 Prohibited uses in all districts.

A. 
Any use which is noxious, offensive, or objectionable by reasons of the emission of smoke, dust, dirt, gases, odor, or other form of air pollution or by reason of the deposit, discharge, or disposal of liquids or solid wastes in any form in a manner or amount as to cause damage to the soil and streams or to adversely affect the surrounding areas, or by reason of the creation of noise, vibration, or other disturbance or by reason of illumination on or from which such light, glare or light reflection emanates, or which involves any dangerous fire, explosive, radioactive, or any other hazards, or electrical, disturbances, electromagnetic disturbances, heat, which causes injury, annoyance or disturbance to any of the surrounding properties or to their owners and occupants, and any other process or use which is unwholesome and may be dangerous or prejudicial to health, safety or general welfare. However vegetative spraying and dusting in compliance with industry and DEC standards is permitted.
B. 
Flea markets are prohibited in all districts, except those which are Town sanctioned or sponsored by tax exempt or nonprofit organizations.
C. 
Junkyard or landfills, unless established as an official Town landfill, and duly licensed as a landfill by the Town Board, state, or other governmental agency having jurisdiction. Any property which does not comply with the above and shall be deemed by the Town Board as detrimental to the health, safety or welfare of the Town shall be removed or cleaned up to the satisfaction of the Town Board within a period of time designated by the Town Board. Failure to do so may result in a fine being levied as set by the Town Board. Junkyards and/or landfills are specifically prohibited in the URDC.

§ 190-12 Building Code and Energy Code.

The Town of Highland hereby adopts the New York State Uniform Fire Prevention and Building Code, and the New York State Energy Code, and henceforth, all new construction and all revisions to existing structures shall be done in strict accordance with said Code and with the State Energy Conservation Construction Code.

§ 190-13 Sanitation.

A. 
The Town of Highland hereby adopts the New York State Sanitation Code and henceforth the construction of new sanitary systems shall be done in strict accordance with said code, revisions to existing systems shall also comply with the New York State Sanitation Code. Prior to the start of construction for a sanitary sewage disposal system, the Code Enforcement Officer shall be furnished with the results of a percolation test done by a licensed engineer. Installation of a system shall conform to the latest "Bulletin on Waste Water Facilities for Residential or Commercial Building" as published by the New York State Department of Health. The owner or contractor shall give the Code Enforcement Officer a minimum of 24 hours' notice to inspect and approve such installation prior to backfilling.
B. 
Waterfront lots. The setback line from any water body for an on-site sewage disposal system shall be not less than 200 feet from the high water line for running water and 200 feet from any impoundment, except that sewage disposal systems designed by a licensed engineer shall not be less than 100 feet from any impoundment.
C. 
Wastes. No solid or liquid wastes shall be discharged into any public sewer, private sewage disposal system, or stream or on or into the ground, except in accordance with the standard approval by the New York State Department of Health or similarly empowered agency.

§ 190-14 Foundation requirements.

A. 
All buildings, whether of conventional site-built construction or not, must be installed on foundations, piers, or slabs which meet the requirements of the New York State Uniform Fire Prevention and Building Code. All structures must be securely anchored to the foundation system. When a habitable structure is supported by other than a continuous wall or is directly on a slab, the space between the structure and the ground or the slab must be suitably enclosed around the entire periphery of the structure. Suitable ventilation of the enclosed space must be provided.
[Amended 1-8-2007 by L.L. No. 1-2007]
(1) 
All modular, manufactured, and conventional site-built housing constructed over a crawl space shall have a vapor barrier with a minimum of a two-inch concrete surface in the crawl space with a forty-two-inch vertical space.
(2) 
All dwellings are required to have frost footings and foundations with not less than forty-two-inch depth below the finished grade, except foundations designed by a licensed engineer.
(3) 
Garages, trailer slabs and accessory buildings may be constructed on floating slabs when the edges are reinforced with two No. 5 steel reinforcement bars in a twelve-inch-wide thickened edge (twice the slab thickness) with a six-inch crushed stone subbase and vapor barrier.
[Amended 7-14-2009 by L.L. No. 4-2009]
(4) 
Trailers shall be positioned on concrete slabs which extend six inches beyond the limits of the trailer. The slabs shall have thickened edges and be a minimum of four inches thick over a vapor barrier and four inches of crushed stone. The areas where supporting piers are placed on the slab shall be thickened and reinforced.
B. 
Stairs, steps, porches, etc. must meet the standards of the New York State Uniform Fire Prevention and Building Code and be so anchored to the structure and/or the foundation or slab as to assure their safe usage.

§ 190-15 Fences and walls.

A. 
Fences and/or walls exceeding 6 1/2 feet in height that are not visually obstructing and that do not obstruct air movement, such as chain link or wire mesh are permitted, up to eight feet in height. (See § 190-22D, Fencing of swimming pools.)
B. 
Swimming pool fences and/or walls shall conform to all requirements of § 190-22D as applicable.

§ 190-16 Landscaping.

A. 
All open portions of any lot shall have adequate grading and drainage, and shall be continuously maintained in a dust-free condition and protected against erosion with suitable plantings of trees, shrubs, or ground cover.
[Amended 7-14-2009 by L.L. No. 4-2009]
B. 
Where a permitted use in a Hamlet Commercial District is not subject to site plan review by the Planning Board, the Code Enforcement Officer shall consider site plan review criteria of this chapter prior to the issuance of a building permit.

§ 190-17 Individual mobile homes.

A. 
Individual mobile homes shall be subject to the New York State Uniform Fire Prevention and Building Code requirements, as they apply. No person shall park a mobile home which does not meet state construction standards on any public or private property.
B. 
Standards.
(1) 
The minimum habitable dwelling area shall be at least 500 square feet.
(2) 
All mobile homes shall be situated on a slab, pier, or a foundation. The foundation and the area up to the floor level of the mobile home shall be screened from view from the street and from surrounding properties by skirting.
(3) 
Trailers shall be positioned on concrete slabs which extend six inches beyond the limits of the trailer. The slabs shall have thickened edges and be a minimum of four inches thick over a vapor barrier and four inches of crushed stone. The area where supporting piers are placed on the slab shall be thickened and reinforced.

§ 190-18 through § 190-19. (Reserved) [1]

[1]
Editor’s Note: Former §§ 190-18, Cluster developments, as amended, and 190-19, Planned unit development, as amended, were repealed 2-9-2016 by L.L. No. 1-2016.

§ 190-20 Stripping or clear-cutting of land.

A. 
Permits.
(1) 
Five acres or more of land may not be stripped or clear-cut without first having obtained a permit. Failure to have such a permit shall constitute a violation of this chapter. This provision shall not be applicable to sand, gravel, shale, topsoil, or other aggregate mining operations that are active as of the date of this chapter was adopted and are permitted by the New York State Department of Environmental Conservation.
(2) 
Stripping or clear-cutting of five acres or more of land shall be authorized only by the Planning Board and any governmental agency having jurisdiction.
(3) 
Applications for stripping of land or clear-cutting shall be filed with the Planning Board for approval. Upon authorization of the Planning Board, and payment of the appropriate fee if any as set by the Town Board, the Code Enforcement Officer shall, within 10 days, issue a permit.
(4) 
The permit shall be valid for a period to be determined by the Planning Board, and shall be subject to any such conditions and performance bond(s) the Planning Board deems necessary.
(5) 
Any deviation from the originally approved application, no matter how small, shall require a new application before the Planning Board.
(6) 
All applications for permits for stripping of land and/or clear-cutting shall be in writing, signed and notarized by applicant, and shall state:
(a) 
The name and address of applicant(s) and, if a corporation, the name and address of each officer, shareholder (if less than 10) and directors;
(b) 
The interest of the applicant in the property if not the owner of record; and
(c) 
The name and address of the property owner.
(7) 
Each application shall be accompanied by a site plan indicating the following information:
(a) 
Location of the area to be stripped or clear-cut showing the boundaries and measurements of the lot and the extent and depth of the area to be worked;
(b) 
Names and owners of adjoining properties;
(c) 
Quantity of material(s) to be removed;
(d) 
Destination of stripped material, including stockpile areas and ultimate disposition;
(e) 
Means of egress and ingress for trucks and equipment;
(f) 
Watercourses and drainage ditches;
(g) 
Measures to control erosion, noise, dust, and loss of material during transportation,
(h) 
Duration of proposed stripping and clear-cutting of land;
(i) 
Restoration of area proposed to be stripped or clear-cut during temporary interruptions in activities and after completion, including road maintenance and repairs;
(j) 
A plan for the disposition of woody vegetation growing in the area to be stripped or clear-cut; and
(k) 
A site location map at a scale of one to 24,000.
B. 
Requirements and standards.
(1) 
Any area that has been stripped or clear-cut or covered with fill shall be restored to a suitable grade so as to provide good drainage and no disturbance to adjacent properties. Final grade shall form a smooth transition to surrounding undisturbed land. Final slopes shall not be less than 0.5%. Slopes greater than 25% shall be terraced, the vertical steps to be not greater than five feet and stabilized with noneroding material. Ponding areas shall be provided as required to remove silt from runoff below flowing from the property.
(2) 
Any area that has been stripped or clear-cut or covered with fill shall be seeded to provide an effective cover crop within the first growing season following the start of such stripping, clear-cutting or covering.
(3) 
To ensure the compliance of the permittee to the standards of this section, a performance bond in a suitable amount shall be required in an amount to be determined by the Planning Board.

§ 190-21 Campgrounds.

A. 
Permits.
(1) 
No new campground or expansion of an existing campground shall be permitted after the effective date of this chapter without a permit as herein provided, and failure to obtain a permit and pay the appropriate fee if any shall constitute a violation of this part.
(2) 
Applications for campground permits, whether new or existing, shall be filed with the Planning Board. Upon approval of the Planning Board the Code Enforcement Officer shall, upon receipt of the proper fee if any, issue a permit within 10 days.
(3) 
The permit shall be valid for a period of time set forth by the Planning Board and shall be subject to such conditions and performance standards as the Planning Board deems necessary. The issuance of such a permit shall not constitute an endorsement of the operation of the campground by the Town.
(4) 
Any deviation from the original application approved by the Planning Board, no matter how small, shall require a new application before the Planning Board, and shall be in conformance with these regulations.
(5) 
Applications for campground permits shall be in writing, signed and notarized by the applicant, and shall state:
(a) 
The name and address of the applicant(s) and if a corporation, the names and address of each officer, shareholder (if less than 10) and director;
(b) 
The interest of the applicant of the property, if not the owner of record; and
(c) 
The name and address of the property owner.
B. 
Requirements and standards.
(1) 
Each campsite, including parking spaces, shall provide a minimum of 1,500 square feet of space per tent site and 2,000 square feet of space per camping trailer or recreational vehicle. Each site shall be identified by an alphabetical or numeric code attached to a four-inch-by-four-inch post.
[Amended 7-14-2009 by L.L. No. 4-2009]
(a) 
Each site is limited to a family/group not exceeding 10 persons.
(b) 
Campsites shall be no closer to a property line of any adjoining property which is being used as a private residence than 50 feet.
(c) 
All campsites shall be accessible by an all-weather roadway suitable for maintenance and emergency vehicles.
(2) 
Consistent with these requirements, trees for the provision of shade should be disturbed as little as possible.
(3) 
Fireplaces, if provided, shall be located in a safe and convenient place where they will not constitute a fire hazard to vegetation, undergrowth, trees, and camping units.
(4) 
An adequate supply of potable water shall be provided within 250 feet of all campsites. One water spigot capable of providing a minimum of 500 gallons of water per day at a minimum pressure of 20 pounds per square inch, with soakage pit or other disposal facilities, shall be provided for each 10 campsites without water facilities. Where spigots and sewer hookups are provided at each site, a minimum volume of 150 gallons of water per site per day at a minimum pressure of 20 pounds per square inch shall be provided.
[Amended 7-14-2009 by L.L. No. 4-2009]
(5) 
Toilets and urinals shall be provided at one or more locations in every campground and shall be convenient of access. Separate toilet facilities shall be provided for males and females and shall be clearly marked. Each toilet shall be in a separate compartment and a door shall be provided for privacy. Toilets and urinals shall be maintained continuously in a clean condition.
(6) 
Each campground shall have a minimum of three toilets for male persons, and a minimum of three toilets for female persons. If there are over 20 campsites in a campground, there shall be one additional toilet for female persons for every 10 campsites. Each male toilet facility provided shall contain at least one urinal. Up to 1/2 of the male toilets may be urinals. In no case shall toilets be located more than 300 feet from any campsite or 500 feet from sites with water and sewer hookups.
[Amended 7-14-2009 by L.L. No. 4-2009]
(7) 
Lavatories or other hand-washing facilities shall be provided at a ratio of one for each 15 sites and a minimum of two for each sex. Utility sinks shall be provided. The sink should be near the door, if located within a building, where it can be utilized for the disposal of dishwater brought in buckets.
[Amended 7-14-2009 by L.L. No. 4-2009]
(8) 
At least one shower shall be provided for each sex.
(9) 
Each toilet facility provided shall contain at least one water fountain.
(10) 
Access to all utility and recreation facilities and one out of every three toilets for each sex shall be so constructed as to accommodate the physically handicapped in accordance with the New York State Uniform Fire Prevention and Building Code or the Americans with Disabilities Act, latest addition, whichever is more strict.
[Amended 7-14-2009 by L.L. No. 4-2009]
(11) 
All recreational vehicles must be removed from their campsite, either off the campgrounds, between November 1 and April 1, of each year. This is to be verified by the Code Enforcement Officer accordingly.
(12) 
A telephone shall be accessible to all campers for emergency calls at all times, day or night.
(13) 
The campground shall not be operated until the permit or license to operate is obtained from the New York State Board of Health.
[Amended 7-14-2009 by L.L. No. 4-2009]
C. 
Existing campgrounds.
(1) 
Existing campgrounds currently permitted and/or licensed by the New York State Board of Health are permitted, provided they are operated for a period not to exceed eight months per calendar year. During the four-month closure period § 190-21B(11) still applies.
(2) 
Expansion of an existing campgrounds shall be subject to the regulations set forth in herein in their entirety and any other applicable section of this chapter.

§ 190-22 Swimming pools.

A. 
Accessory to single-family dwellings. Swimming pools, whether permanent or portable, that are accessory to single-family dwelling, shall be located not closer than 20 feet to any side or rear lot line and not closer than 50 feet to a front lot line. These regulations shall not apply to portable pools that do not exceed two feet in height and six feet in diameter.
B. 
Accessory to residential developments. Swimming pools accessory to residential development, whether cluster, seasonal dwellings, bungalow colonies, camps or multiple-family dwellings, shall be of permanent construction and shall be located not closer than 50 feet to any lot line and not closer than 50 feet to any dwelling unit.
C. 
Nonresidential. Swimming pools that are part of nonresidential uses such as hotels, motels, clubs, campgrounds, day-use recreational facilities or institutions shall be of permanent construction and shall be located no closer than 100 feet from any lot line.
D. 
Fencing. All outdoor swimming pools having a depth of 18 inches or more shall be completely enclosed with a wall, fence, or other barrier at least four feet high and not greater than eight feet high, the bottom of which must be no more than three inches from the ground, and equipped with a gate having a lock which shall be locked at all times that the swimming pool is not in use. All such swimming pools must remain empty of water until the barrier has been completed and approved by the Code Enforcement Officer as meeting the foregoing requirements and as being sufficiently strong in construction to prevent any person from accidentally entering the pool enclosure. Fencing shall consist of a substantial structure of wood or metal or other rigid material built so that it will withstand exposure to the elements. Nonstructural material may be incorporated into a fence to control visual exposure; such material shall be capable of withstanding exposure to the elements without deteriorating. All fences shall be maintained in good condition at all times and shall not be allowed to deteriorate structurally or aesthetically.

§ 190-23 Animal husbandry.

The following additional standards must be provided for in conducting animal husbandry.
A. 
No offensive odor or dust-producing substance or any use producing incessant odor or dust may be permitted within 100 feet of any property line.
B. 
In districts where animal husbandry is allowed, a special use permit is necessary where animal husbandry is in excess of one animal unit per acre of land.

§ 190-24 Automotive repair shops.

A. 
No access drive or entry shall be within 10 feet of any side property line.
B. 
All parts and supplies, dismantled vehicles or part thereof, and/or any other debris or discarded materials of any kind shall be located within an enclosed or screened area, hidden from public view on all sides and a minimum of 10 feet from any property lines.
C. 
An automotive repair shop may provide for not more than 10 licensed vehicles to be left outside, on-site at any time during the day or night, in addition to any number of licensed vehicles temporarily stored or being worked on inside. All vehicles let outside shall be properly licensed and registered at all times.
D. 
Any number of vehicles over 10 left outdoors during day or nighttime, shall be subject to site plan review and approval of the Planning Board.
E. 
Any addition or extension to an existing automotive repair shop is subject to site plan review and approval of the Planning Board.
F. 
An automotive repair shop shall also include any building, shed or enclosure or part thereof in which a motor vehicle or any other vehicle containing volatile flammable gas or oil in its fuel storage tank is stored, housed, kept or worked on for compensation, including repair shops and automotive service stations.
[Amended 7-14-2009 by L.L. No. 4-2009]

§ 190-24.1 Farm breweries.

[Added 3-10-2015 by L.L. No. 1-2015]
A. 
No more than 75% of the total gross floor space of the establishment shall be used for the brewery function, including, but not limited to, the brew house, boiling and water treatment areas, bottling and kegging lines, malt milling and storage, fermentation tanks, conditioning tanks and serving tanks.
B. 
All mechanical equipment visible from the street or an adjacent residential use shall be screened using architectural features consistent with the principal structure.
C. 
Access and loading bays are discouraged from facing toward any street.
D. 
Access and loading bays facing any street or adjacent residential use shall have the doors closed at all times, except during the movement of raw materials, other supplies and finished products into and out of the building.
E. 
Service trucks for purpose of loading and unloading materials and equipment shall be restricted to between the hours of 8:00 a.m. and 8:00 p.m., Monday through Saturday, and between 11:00 a.m. and 7:00 p.m. on Sundays and national holidays.

§ 190-25 Quarrying and removal of sand and gravel.

A. 
No quarrying and/or removal of sand, gravel or other materials shall be done without having first obtained a permit from the Planning Board, after formal site plan review, and paying the necessary permit fees, if any, as set by the Town Board.
(1) 
No part of any quarry operation shall be within 200 feet of any lot line.
(2) 
All powered equipment shall be furnished with suitable dust elimination devices, acceptable to the Planning Board.
(3) 
Excavation slopes in excess of one foot vertical to one foot horizontal shall be suitably fenced so as to prevent access by all persons not engaged in the active operation. Said fencing shall be as approved by the Planning Board.
(4) 
All quarry and sand and gravel operations shall restore disturbed areas of their sites in conformity with a reclamation plan to be approved by the Planning Board, at the original site plan review process. The reclamation plan shall indicate the post mining use of the site, and grading, drainage, planting and access ways suitable for such use. Grading and drainage should maintain continuity with undisturbed areas of the property and with adjacent properties.
[Amended 7-14-2009 by L.L. No. 4-2009]
(5) 
Application shall comply with any and all bonding requirements as required by the Planning Board.
(6) 
There shall be no quarrying and/or removal of sand and gravel in any quantities in the Upper Delaware River Corridor.

§ 190-26 Home occupations.

[Amended 7-14-2009 by L.L. No. 4-2009]
A. 
Home occupations include, but are not limited to, the following: skilled or professional craftsperson, artist, dressmaker, offices of clergy, real estate, a lawyer, physician, dentist, architect, engineer, accountant, barber, hairdresser, carpenter, plumber, electrician, teacher of music, and/or dancing, day care or studios where dancing or music instruction is offered to groups not exceeding 10 pupils at any one time. A home occupation shall be construed to include such uses as the following: clinic or hospital, restaurant, concert or recital studios, animal hospitals, dog kennel, auto mechanical works or auto repairs.
B. 
Additional regulations for home occupations are as follows:
(1) 
No display of goods shall be visible from the street.
(2) 
Such office or occupation shall be carried on in an area not exceeding 50% of the main floor area of the principal building.
(3) 
Such office or occupation shall be incidental to the principal use of the premises and must be carried on in the principal building by a resident therein with not more than one nonresident assistant or employee.
(4) 
At no time shall any premises be used in such a manner to cause the emission therefrom of any offensive or noxious odors, vapors, fumes, glare, dust, smoke, gas, vibration, noise or radiation, or be used in such a manner as to cause injury, annoyance, or disturbance to any of the surrounding properties or to their owners or occupants.
(5) 
Equipment capable of causing interference with radio or television reception in the neighborhood shall be prohibited.
(6) 
One identification sign is permitted on the premises no larger than six square feet.
(7) 
Parking regulations as set forth in this Zoning Law shall be met.

§ 190-27 Explicitly prohibited uses; natural gas and/or petroleum extraction, exploration or production wastes prohibited. [1]

[Added 7-10-2012 by L.L. No. 3-2012]
A. 
Explicitly prohibited uses. The following uses and activities (being respectively defined in Subsection D below of this § 190-27) are hereby expressly and explicitly prohibited in each and every zoning district within the Town, and no building or structure shall be created, altered or erected, and no body of water, land or building thereon shall be used, for any of such uses or activities:
(1) 
High-impact industrial uses, including but not limited to any of the following:
(a) 
Natural gas and/or petroleum exploration activities;
(b) 
Natural gas and/or petroleum extraction activities;
(c) 
Natural gas and/or petroleum extraction, exploration or production wastes disposal/storage facility;
(d) 
Injection well;
(e) 
Land application facility;
(f) 
Natural gas and/or petroleum extraction, exploration or production wastes dump;
(g) 
Natural gas compression facility;
(h) 
Natural gas processing facility;
(i) 
Nonregulated pipelines;
(j) 
Underground injection; and
(k) 
Underground natural gas storage.
(2) 
Any condition caused or permitted to exist in violation of this Subsection A is a threat to public health, safety and welfare, and is hereby declared and deemed to be a nuisance. Collectively the above expressly prohibited uses may be referred to in this chapter as "explicitly prohibited uses"; any one of the above expressly prohibited uses may be referred to in this chapter as an "explicitly prohibited use"; and any combination of more than one such use may also be referred to as "explicitly prohibited uses."
B. 
Prohibition against natural gas and/or petroleum extraction, exploration or production wastes.
(1) 
The Town of Highland hereby exercises its authority and right under New York Environmental Conservation Law § 27-0711 to adopt a local law that is consistent with the Environmental Conservation Law Article 27, such consistency demonstrated by the fact that this section complies "with at least the minimum applicable requirements" set forth in such statute, and the rules and regulations promulgated pursuant to said Article 27.
(2) 
It shall be unlawful for any person to produce, store, inject, discard, discharge, dispose, release, or maintain, or to suffer, cause or permit to be produced, stored, injected, discarded, discharged, disposed, released, or maintained, anywhere within the Town, any waste from natural gas and/or petroleum extraction, exploration or production.
C. 
No application to customary local distribution lines, etc. The prohibitions set forth above in this § 190-27 are not intended, and shall not be construed, to:
(1) 
Prevent or prohibit the right to use roadways in commerce or otherwise for travel;
(2) 
Prevent or prohibit the transmission of natural gas through utility pipes, lines, reduction stations, or similar appurtenances for the limited purpose of supplying natural gas to residents of or buildings located in the Town; or
(3) 
Prevent or prohibit the incidental or normal sale, storage, or use of lubricating oil, heating oil, gasoline, diesel fuel, kerosene, or propane in connection with legal agriculture, residential, business, commercial, and other permitted uses within the Town.
D. 
Defined terms. For purposes hereof, and in addition to the terms defined in § 190-2 of this chapter, the following terms shall have the meanings respectively set forth below:
BELOW REGULATORY CONCERN
Radioactive material in a quantity or of a level that is distinguishable from background (as that phrase is defined at 10 CFR § 20.1003), but which is below the regulation threshold established by any regulatory agency otherwise having jurisdiction over such material in the Town.
GATHERING LINE or PRODUCTION LINE
Any system of pipelines (and other equipment such as drip stations, vent stations, pigging facilities, valve boxes, transfer pump station, measuring and regulating equipment, yard and station piping, and cathodic protection equipment) used to move oil, gas, or liquids from a point of production, treatment facility or storage area to a transmission line, which is exempt from the Federal Energy Regulatory Commission's jurisdiction under Section 1(b) of the Natural Gas Act,[2] and which does not meet the definition of a major utility transmission facility under the Public Service Law of New York, Article 7, § 120(2)(b).
(1) 
Land uses which by the very nature in which they are conducted have the potential to significantly impact the environment, pose a risk to human health and safety, or disturb or interfere with reasonable community expectations regarding odors, noise, light, traffic and water quality. High-impact industrial uses include but are not limited to what are traditionally considered to be "heavy industrial uses" and specifically include but are not limited to the following land uses:
(a) 
Natural gas and/or petroleum exploration activities;
(b) 
Natural gas and/or petroleum extraction activities;
(c) 
Natural gas exploration, extraction, or production wastes disposal or storage facility;
(d) 
Injection wells;
(e) 
Land application facility;
(f) 
Natural gas exploration, extraction, or production wastes dump;
(g) 
Natural gas compression facility;
(h) 
Natural gas processing facility;
(i) 
Nonregulated pipelines;
(j) 
Underground injection;
(k) 
Underground natural gas storage.
(2) 
For purposes of this chapter, high impact industrial uses do not include:
(a) 
Agriculture use;
(b) 
Any use that is specifically articulated in this chapter as allowed by right within an appropriate district as a principal permitted or accessory use; or
(c) 
Any use that is specifically articulated in this chapter as allowed within an appropriate district as a principal permitted or accessory use upon obtaining a special use permit.
INJECTION WELL
A bored, drilled or driven shaft whose depth is greater than the largest surface dimension, or a dug hole whose depth is greater than the largest surface dimension, through which fluids (which may or may not include semisolids) are injected into the subsurface and less than 90% of such fluids return to the surface within a period of 90 days.
LAND APPLICATION FACILITY
A site where any natural gas and/or petroleum extraction, exploration or production wastes are applied to the soil surface or injected into the upper layer of the soil.
NATURAL GAS
Methane and any gaseous substance, either combustible or non-combustible, which is produced in a natural state from the earth and which maintains a gaseous or rarefied state at standard temperature and pressure conditions, and/or gaseous components or vapors occurring in or derived from petroleum or other hydrocarbons.
NATURAL GAS AND/OR PETROLEUM EXPLORATION ACTIVITIES
Geologic or geophysical activities related to the search for natural gas, petroleum or other subsurface hydrocarbons including prospecting, geophysical and geologic seismic surveying and sampling techniques, but only to the extent that such activities involve or employ core, rotary, or any other type of drilling or otherwise making any penetration or excavation of any land or water surface in the search for and evaluation of natural gas, petroleum, or other subsurface hydrocarbon deposits. (Note: as used in this chapter, the term "natural gas and/or petroleum exploration activities" is not intended and shall not be construed to include the conduct of seismic surveys, which are separately defined at, and subject to, the provisions of Chapter 147 (Seismic Surveys') of the Code of the Town of Highland.)
NATURAL GAS AND/OR PETROLEUM EXTRACTION ACTIVITIES
The digging or drilling of a well for the purposes of exploring for, developing or producing natural gas, petroleum or other subsurface hydrocarbons, including without limitation any and all forms of shale fracturing related to natural gas and/or petroleum extraction activities.
(1) 
Any of the following in any form, and whether or not such items have been excepted or exempted from the coverage of any federal or state environmental protection laws, or have been excepted from statutory or regulatory definitions of "industrial waste," "hazardous," or "toxic," and whether or not such substances are generally characterized as waste:
(a) 
Below-regulatory-concern radioactive material, or any radioactive material which is not below regulatory concern, but which is in fact not being regulated by the regulatory agency otherwise having jurisdiction over such material in the Town, whether naturally occurring or otherwise, in any case relating to, arising in connection with, or produced by or incidental to the exploration for, the extraction or production of, or the processing, treatment, or transportation of, natural gas, petroleum, or any related hydrocarbons;
(b) 
Natural gas or petroleum drilling fluids;
(c) 
Natural gas or petroleum exploration, drilling, production or processing wastes;
(d) 
Natural gas or petroleum drilling treatment wastes (such as oils, frac fluids, produced water, brine, flowback, sediment and/or any other liquid or semiliquid material);
(e) 
Any chemical, waste oil, waste emulsified oil, mud, or sediment that was used or produced in the drilling, development, transportation, processing or refining of natural gas or petroleum;
(f) 
Soil contaminated in the drilling, transportation, processing or refining of natural gas or petroleum;
(g) 
Drill cuttings from natural gas or petroleum wells; or
(h) 
Any other wastes associated with the exploration, drilling, production or treatment of natural gas or petroleum.
(2) 
This definition specifically intends to include some wastes that may otherwise be classified as solid wastes which are not hazardous wastes under 40 C.F.R. § 261.4(b). The definition of natural gas and/or petroleum extraction, exploration or production wastes does not include recognizable and nonrecognizable food wastes, or waste generated by agriculture use.
NATURAL GAS AND/OR PETROLEUM EXTRACTION, EXPLORATION OR PRODUCTION WASTES DISPOSAL/STORAGE FACILITY
Any of the following:
(1) 
Tanks of any construction (metal, fiberglass, concrete, etc);
(2) 
Impoundments;
(3) 
Pits;
(4) 
Evaporation ponds; or
(5) 
Other facilities, in any case used for the storage or treatment of natural gas and/or petroleum extraction, exploration or production wastes that:
(a) 
Are being held for initial use;
(b) 
Have been used and are being held for subsequent reuse or recycling;
(c) 
Are being held for treatment; or
(d) 
Are being held for storage.
NATURAL GAS AND/OR PETROLEUM EXTRACTION, EXPLORATION OR PRODUCTION WASTES DUMP
Land upon which natural gas and/or petroleum extraction, exploration or production wastes, or their residue or constituents before or after treatment, are deposited, disposed, discharged, injected, placed, buried or discarded, without any intention of further use.
NATURAL GAS COMPRESSION FACILITY
Those facilities or combination of facilities that move natural gas or petroleum from production fields or natural gas processing facilities in pipelines or into storage; the term shall include equipment for liquids separation, natural gas dehydration, and tanks for the storage of waste liquids and hydrocarbon liquids.
NATURAL GAS PROCESSING FACILITY
Those facilities that separate and recover natural gas liquids (NGLs) and/or other nonmethane gases and liquids from a stream of produced natural gas, using equipment for any of the following: cleaning or stripping gas, cooking and dehydration, residual refinement, treating or removing oil or condensate, removing water, separating NGLs, removing sulfur or carbon dioxide, fractionation of NGLs, or the capture of CO2 separated from natural gas streams.
NONREGULATED PIPELINES
Those pipelines that are exempt or otherwise excluded from regulation under federal and state laws regarding pipeline construction standards or reporting requirements. Specifically includes production lines and gathering lines.
PIPELINE
All parts of those physical facilities through which petroleum, gas, hazardous liquids, or chemicals move in transportation (including pipes, valves and other equipment and appurtenances attached to pipes and other equipment such as drip stations, vent stations, pigging facilities, valve boxes, transfer pump stations, measuring and regulating equipment, yard and station piping, and cathodic protection equipment), whether or not laid in public or private easement or private right of way within the Town. This includes, without limitation, gathering lines, production lines, and transmission lines.
RADIATION
The spontaneous emission of particles (alpha, beta, neutrons) or photons (gamma) from the nucleus of unstable atoms as a result of radioactive decay.
RADIOACTIVE MATERIAL
Material in any form that emits radiation, but only if such material has been moved from its naturally occurring location through an industrial process. Such material is radioactive material for purposes hereof, whether or not it is otherwise exempt from licensing and regulatory control pursuant to the New York State Department of Labor, the United States Nuclear Regulatory Commission, the United States Environmental Protection Agency, the United States Department of Energy, the United States Department of Transportation, or any other regulatory agency.
SUBSURFACE
Below the surface of the earth, or of a body of water, as the context may require.
TRANSMISSION LINE
A pipeline that transports oil, gas, or water to end users as a public utility and which is subject to regulation either by the Federal Energy Regulatory Commission's jurisdiction under Section 1(b) of the Natural Gas Act, or as a major utility transmission facility under the Public Service Law of New York, Article 7, § 120(2)(b).
UNDERGROUND INJECTION
Subsurface emplacement of natural gas and/or petroleum extraction, exploration or production wastes by or into an injection well.
UNDERGROUND NATURAL GAS STORAGE
Subsurface storage, including in depleted gas or oil reservoirs and salt caverns, of natural gas that has been transferred from its original location for the primary purpose of load balancing the production of natural gas. Includes compression and dehydration facilities, and pipelines.
WATER; WATER RESOURCES
All streams, ditches, lakes, ponds, marshes, vernal pools, watercourses, waterways, wells, springs, drainage systems, and all other bodies or accumulations of water, surface or underground, intermittent or perennial, which are contained in, flow through or border upon the Town or any portion thereof.
[2]
Editor's Note: See 15 U.S.C. § 717 et seq.
[1]
Editor's Note: Former § 190-27, titled "Garage sales," was repealed 7-14-2009 by L.L. No. 4-2009. The provisions of that section can be found in § 190-26B above.

§ 190-28 Garage sales.

A. 
Day and hours of operation.
(1) 
Sales, as defined and regulated by this article, may be held for a three-consecutive-day period, no more than four times per year per household property.
[Amended 7-14-2009 by L.L. No. 4-2009]
(2) 
Said sale may commence no earlier than 8:00 a.m. and must terminate no later than 5:00 p.m.
B. 
Owner or occupant to be present. The owner or tenant of the premises where the sale is held must be present on the premises during this sale.
C. 
Advertising and signs.
(1) 
Garage sales may be advertised through the newspaper or other media.
(2) 
A sign no larger than two feet by two feet may be installed on the property where the sale is being conducted. The sign shall be displayed only during the sale and shall be removed within 24 hours after the sale is concluded.

§ 190-29 Noise standards.

A. 
It is recognized that people have a right to and should be ensured an environment free from excessive noise that may jeopardize their health, safety or welfare or degrade the quality of life.
[Amended 7-14-2009 by L.L. No. 4-2009]
B. 
Definitions.
AMBIENT NOISE
Ambient noise is the all-encompassing noise associated with a given environment, being a composite of sounds from many sources near and far.
DAYTIME HOURS
The hours between 7:00 a.m. and 10:00 p.m., Monday through Friday, and the hours 9:00 a.m. through 10:00 p.m. on weekends.
DECIBEL
Decibel shall mean the practical unit of measurement for sound pressure level; the number of decibels of a measured sound is equal to 20 times the logarithm to the base 10 of the ratio of the sound pressure of the measured sound to the sound pressure of a standard sound (20 micropascals) abbreviated dB. The abbreviation dB(A) shall refer to readings taken on the A-weighted scale.
DOMESTIC POWER EQUIPMENT
But not limited to, power saws, drills, grinders, lawn and garden tools and other domestic power equipment intended for use in residential areas by a homeowner.
EMERGENCY
Any occurrence or set of circumstances involving actual or imminent physical trauma of property damage which demands immediate action.
EMERGENCY VEHICLE
Any motor vehicle authorized to have sound warning devices such as sirens and bells which can lawfully be used when responding to an emergency.
EMERGENCY WORK
Work made necessary to restore property to a safe condition following an emergency, or work required to protect persons or property from exposure to imminent danger.
MOTOR VEHICLE
Any vehicle which is propelled or drawn on land by a motor, such as, but not limited to, passenger cars, trucks, truck-trailers, semi-trailers, campers, go-carts, snowmobiles, amphibious craft on land, dune buggies, motorcycles, ATVs or racing vehicles, trail bikes or mini-bikes.
MUFFLER
A device for abating sounds such as the exhaust of an internal combustion engine.
[Amended 7-14-2009 by L.L. No. 4-2009]
NIGHTTIME HOURS
The hours between 10:00 p.m. and 7:00 a.m., Sunday evening through Friday morning, except that "night" shall mean the hours between 10:00 p.m. and 9:00 a.m. Friday evening through Sunday morning.
[Amended 7-14-2009 by L.L. No. 4-2009]
NOISE CONTROL OFFICER(S)
A municipal employee proficient in the use of sound level meters, the Code Enforcement Officer, Town Constable, or other police officer.
PERSON
Any individual, firm, partnership, association, syndicate, company, trust, corporation, municipality, agency or political or administrative subdivision of the state or other legal entity of any kind.
PREMISES
Any building, structure, land or portion thereof, including all appurtenances, and shall include yards, lots, courts, inner yards and real properties without buildings or improvements, owned or controlled by a person.
PROPERTY LINE
That real or imaginary line along the ground surface and its vertical extension which (a) separates real property owned or controlled by any person from contiguous real property owned or controlled by another person, and (b) separates real property from public right-of-way.
SOUND LEVEL METER
An instrument for the measurement of sound levels conforming to ANSI Type I and II standards.
C. 
General prohibition. Noise shall not exceed 70 decibel dB(A) scale of standard sound level meter in intensity as measured at the boundary of the lot during the daytime hours and shall not exceed 60 decibels during the nighttime hours.
[Amended 7-14-2009 by L.L. No. 4-2009]
D. 
Prohibited noise. The following acts, among others, are declared to be loud, disturbing and unnecessary noises in violation of this chapter, but said enumeration shall not be deemed to be exclusive, namely:
(1) 
Any noise created with the intent to annoy, harass, disturb, or otherwise provoke adjoining property owners and others.
(2) 
The operation of any audio devices or use of any musical instrument in such a manner or with such volume as to annoy or disturb the quiet, comfort, or repose of persons in any dwelling, campground, hotel or other type of residence.
(3) 
The keeping of any animal or bird which shall disturb the comfort of repose of any person in the vicinity by causing repetitive noise in excess of 30 minutes.
(4) 
The use of any automobile, motorcycle, trail bike, ATV, mini-bike, snowmobile or other vehicle so loaded or in such a manner as to create loud and unnecessary grating, grinding, rattling or other noise.
[Amended 7-14-2009 by L.L. No. 4-2009]
(5) 
The blowing of any whistle except to give notice of time to begin or stop work or as a warning of danger.
(6) 
The discharge into the open air of the exhaust of any steam engine, stationary internal combustion engine, or motor vehicle engine, except through a muffle or other device which will effectively prevent loud or explosive noises therefrom.
E. 
Permitted noise. The following uses, activities and sounds shall not be deemed to be a violation of this chapter:
(1) 
Sounds created by church bells or chimes.
(2) 
Sounds created by any government agency by the use of public warning devices or in the discharge of their government function.
(3) 
Sounds created by lawn mowers and domestic power equipment between the hours of 7:00 a.m. and 10:00 p.m., prevailing time, weekdays and 9:00 a.m. and 10:00 p.m., prevailing time, weekends.
(4) 
Sounds created by public utilities in carrying out operation of their franchises.
(5) 
Sounds connected with sporting events of any public or private school.
(6) 
Sounds on private property which do not carry beyond the boundary lines of the property on which they are created.
(7) 
Noises not directly under the control of the property users.
(8) 
Noises emanating from construction and maintenance activities between 7:00 a.m. and 10:00 p.m.
(9) 
The noises of safety signals, warning devices, emergency pressure relief valves or other emergency warning signals.
(10) 
Transient noises of moving sources, such as automobiles, trucks, airplanes and railroads.
(11) 
Sounds associated with holiday parades and festivals.

§ 190-30 Nonconforming uses and buildings.

A. 
The lawful use of any building, structure or land existing at the time of the enactment of this Zoning Law may be continued although such building, structure, land or use does not conform with the provisions of this Zoning Law.
B. 
Any and all modifications, additions and/or enlargements of a nonconforming building, structure, or land shall not require an area variance nor Site-Plan review prior to the issuance of a building permit by the Code Enforcement Officer providing the proposed new modification, addition and/or enlargement complies with bulk regulations set forth herein.
C. 
A nonconforming building, structure or use shall not be re-established if it has been discontinued for any reason for a period of two years or more or has been changed to or replaced by a conforming building, structure or use. The mere intent to resume nonconforming building, structure or use shall not confer the right to do so from the date of adoption of this Zoning Law.
D. 
A nonconforming building, structure or use damaged 50% or less of its monetary value by fire, windstorm or other natural disaster may be rebuilt in compliance with State Building Codes; however, its use may not be greater than its previous use.
E. 
A nonconforming building, structure or use damaged in excess of 50% as in Subsection D above, prior to being rebuilt, shall be subject to compliance with the State Building Codes and § 190-7D(2) of this chapter prior to the issuance of a building permit by the Code Enforcement Officer.
[Amended 7-11-2006 by L.L. No. 7-2006]
F. 
Any and all signs or other attention-getting devices shall be removed after the one-year cessation of any nonconforming building, structure, land or use.

§ 190-31 Building permits.

A. 
General requirements.
(1) 
No building, structure, addition or part thereof in any district shall be erected, constructed, reconstructed, restored or structurally altered without first having obtained a duly issued building permit, upon written application by applicant to the Code Enforcement Officer. No building permit shall be issued unless the proposed construction and use are in full conformity with all of the following provisions of this Zoning Law and a road access permit is obtained if entry to a public road is involved.
(2) 
Any change in the nature of use or intensification of use of an existing building and/or any change in use or intensification of use of a nonconforming use shall also require a building permit.
(3) 
Any building, structure or portion thereof that is to be taken down, removed, relocated or demolished shall not be taken down, removed, relocated or demolished without applicant first filing for and obtaining the appropriate permit from the Code Enforcement Officer.
(4) 
No building permit or other type of permit shall be issued by the Code Enforcement Officer if there are any violations of any code, law or regulation against the subject premises, except if the building permit to be issued is to correct the violation in question.
B. 
Additional requirements for building permits; certificates of compliance; certificates of occupancy.
[Amended 11-26-2008 by L.L. No. 2-2008]
(1) 
Structures that require a certificate of compliance. Every application for a building permit shall be accompanied by the required fee as established by the Town Board. Also required is a plot plan or survey prepared by a licensed land surveyor, architectural drawings drawn to scale, and a complete set of specifications.
(2) 
Structures that require a certificate of occupancy. In addition to the requirements of Subsection B(1) above, plans must be signed and stamped by a licensed New York State engineer or architect. A New York State Energy Code document is not required.
(3) 
Towers and windmills. In addition to the requirements of Subsection B(1) above, plans must be signed and stamped by a licensed New York State engineer or architect. A New York State Energy Code document is not required.
(4) 
A survey or plot plan drawn to scale is also required for second-story additions even if there is no change in the first-story footprint of the building or structure. All surveys or plot plans shall include the following:
(a) 
The actual shape, dimension, radii, angles and area of the lot on which the building, structure or addition is proposed to be erected or of the lot on which it is situated if an existing building or structure.
(b) 
The section, block and lot numbers as they appear on the latest assessment records.
(c) 
The exact size and location on the lot of the proposed building, structure or addition and/or the alteration or renovation of an existing building or structure on the same lot.
(d) 
The dimensions of all yards and set back lines in relation to the subject building, structure or addition and the distance between same and any other existing buildings or structures on the same lot.
(e) 
The existing and intended use of all buildings and/or structures existing and proposed, the use of land and the number of dwelling units, if any, the building or structure is designed to lawfully accommodate.
C. 
[1]No building permit shall be issued by the Code Enforcement Officer for any building or structure, new or existing, where the site plan of such building, structure or addition is subject to approval of the Planning Board, except in full conformity with the approved plans and written conditions set forth by the Board, if any.
[1]
Editor's Note: This subsection was redesignated as Subsection C by L.L. No. 7-2006, adopted 7-11-2006.
D. 
[2]Four copies of the building permit application and all supporting documentation, including the construction plans, survey, plot plan and site plan are to be filed with the Code Enforcement Officer. On issuance of a building permit, the Code Enforcement Officer shall:
(1) 
Return one copy of all filed and approved documents to the applicant/owner within 72 hours of issuance.
(2) 
Forward one copy of all filed and approved documents to the Tax Assessor's office within 72 hours of issuance.
(3) 
Forward one copy of all filed and approved documents to the Town Clerk's office within 24 hours of issuance.
(4) 
Open and maintain a building permit file/folder in the Code Enforcement Officer's office, filing same under the Sullivan County Tax Map number, placing the final copy of all filed and approved documents along with all his notes and any other pertinent data and paperwork therein.
(5) 
Any further amendments, interpretations, decisions or changes, in addition to the originally submitted and approved (or disapproved) documents, including but not limited to the constructions plans, survey or plot plan and site plan shall also be submitted in four copies and shall be distributed in the same manner as specified in Subsection D(1), (2), (3), and (4), above, of this section.
(6) 
The "appeal" time of any determination, interpretation or other administrative act or decision made by the Code Enforcement Officer shall not commence, or start, unless or until said determination, interpretation or other administrative act or decision has been duly filed with the Town Clerk, in writing, as specified in Subsection D(3), above, of this section.
[2]
Editor's Note: This subsection was redesignated as Subsection D by L.L. No. 7-2006, adopted 7-11-2006.
E. 
The Code Enforcement Officer shall, within 10 days after the filing of a complete and properly prepared application, including Planning Board, Zoning Board of Appeals and/or any other governmental agency approval it necessary, issue a building permit. If said building permit is denied, the Code Enforcement Officer shall state in writing to the applicant the reason(s) for such denial. A copy of said denial shall also be forwarded to all parties as defined in this section.
F. 
Every building permit shall expire if the work authorized has not commenced within 12 months after the date of issuance or has not been completed and a final certificate of occupancy issued within 18 months from such date. Said building permit then becomes null and void, and no further work is to be undertaken unless or until a new building permit is issued and the appropriate fee, which shall be half of the original fee, is paid. Such renewal shall be for an additional 18 months. If the building has not been completed and a final certificate of occupancy issued after this first renewal period, then any subsequent renewal will require payment of another permit fee, which shall be according to the fee schedule then in force, and a new application for a building permit must be filed, updated to comply with all building codes then in effect.
[Amended 11-26-2008 by L.L. No. 2-2008]
G. 
On small lots, where a required yard setback is not readily apparent, upon completion of the foundation of a new building or addition to an existing building, applicant shall file with the Code Enforcement Officer an accurate survey signed by a licensed engineer or land surveyor. Said survey is to show the exact location of such foundation with all yard setbacks indicated to scale. If said survey indicates any setback violations, the Code Enforcement Officer is to stop the job and take immediate steps advising applicant/owner to correct said violation or to apply to the appropriate Board for relief of same. No further work is to be allowed unless or until all violations have been removed or the appropriate relief is granted.
H. 
The Town hereby adopts the Expedited Solar Permit Process for Small-Scale Solar Electric Systems outlined in the Requirements for Application Submittal - Step 1, Eligibility Checklist - Step 2, and Application - Step 3, as attached hereto and incorporated herein by reference.[3]
[Added 10-13-2016 by L.L. No. 3-2016]
[3]
Editor’s Note: The Requirements for Application Submittal – Step 1, Eligibility Checklist – Step 2, and Application – Step 3 are on file in the Town offices.

§ 190-32 Certificate of occupancy and other certificates.

A. 
The following shall be unlawful until a certificate of occupancy and/or other appropriate required certificates shall have been applied for in writing and issued by the Code Enforcement Officer.
(1) 
Occupancy and use of a building, structure, or addition to same that is erected, constructed, reconstructed, restored, structurally altered, moved or relocated.
(2) 
Any change in use or intensification of use of an existing building or use.
(3) 
Any change in use or intensification of use of a nonconforming building or use.
B. 
On a form furnished by the Code Enforcement Officer, application for a certificate of occupancy for a new building or for an existing building which has been altered shall be made after the erection of such building, structure or part thereof has been completed in conformity with the provisions of this Zoning Law and all other applicable codes, laws or regulations in effect at that time.
[Amended 7-11-2006 by L.L. No. 7-2006; 7-14-2009 by L.L. No. 4-2009]
(1) 
In the case of a new building, said application shall be accompanied by a final survey signed by a licensed engineer or land surveyor, indicating that there are no violations of the Bulk Regulations.[1]
[1]
Editor's Note: See the Bulk Regulations included at the end of this chapter.
(2) 
In the case of an addition to an existing building, said application shall be accompanied by a final survey signed by a licensed engineer or land surveyor, indicating that there are not violations of the Bulk Regulations, or, if no such survey is available, it shall be accompanied by a final plot plan drawn to scale by the applicant, signed and duly notarized that there are not violations of the Bulk Regulations. However, in the event only a plot plan is submitted, the Code Enforcement Officer shall verify and sign that he also has personally checked or measured and finds no apparent violations of the Bulk Regulations.
(3) 
In the case of work that includes electrical wiring, the final electrical inspection by an electrician licensed in the County of Sullivan and certified in the categories of "General," "One- and Two-Family Dwellings" and "Plan Review" must be on file.
(4) 
In the case of a well, a copy of the NYSDEC water well log and a copy of the water test must be on file.
(5) 
In the case of a septic system, a letter from an engineer saying it was built to specifications must be on file.
(6) 
In the case of a new home, the official 911 number must be posted and all required paperwork must be on file prior to granting a certificate of occupancy.
C. 
Said certificate of occupancy shall be issued by the Code Enforcement Officer within 10 days of all requirements having been met and distributed as indicated herein. If the certificate of occupancy is denied, the Code Enforcement Officer shall state the specific reasons for his denial, in writing, quoting the section of this Zoning Law which prevents the issuance of said certificate, and is to distribute this denial as indicated herein.
D. 
Every application for a certificate of occupancy or other required certificates shall be accompanied by a fee, if any, as established by the Town Board. No "temporary" or "conditional" certificate of occupancy are to be issued by the Code Enforcement Officer without authorization of the Town Board.
E. 
A record of all certificates of occupancy and/or any other required certificates shall be kept on file by the Code Enforcement Officer and copies shall be furnished on request to any Town Official.
F. 
Any person having a proprietary or tenant interest in any building, structure, land or use may obtain a "duplicate copy" of the original certificate of occupancy or any other required certificates issued on any land by paying the appropriate fee, if any, as set by the Town Board.
G. 
Letter in lieu of a certificate of occupancy. Upon written application by the owner and payment of the appropriate fee, if any, as set by the Town Board, the Code Enforcement Officer shall inspect all buildings and structures on the premises to determine that they are built prior to Zoning — April 15, 1985.
(1) 
If all of the buildings and structures were, in the judgment of the Code Enforcement Officer, built prior to that date, he may issue a "Letter in Lieu of a C/O" accordingly.
(2) 
If in the judgment of the code Enforcement Officer it appears that certain buildings, structures or portion thereof were built after that date, said "letter in lieu of a C/O" shall not be issued unless or until the appropriate building permit and certificate of occupancies are issued for that, or those, buildings, structures or portions thereof. All codes, laws and regulations in effect at this time shall be complied with.
(3) 
A separate "letter in lieu of a C/O" shall be required for each and every building or structure on the premises.
(4) 
Any "letter in lieu of a C/O" issued shall be distributed as provided herein.
(5) 
No final certificates shall be issued by the Code Enforcement Officer where there are any outstanding violations of any code, law or regulation against said premises.

§ 190-33 Duties of Code Enforcement Officer.

A. 
The Code Enforcement Officer shall be appointed by the Town Board at its organizational meeting each year and shall have the authority necessary to carry out the duties of that office, as follows:
(1) 
To strictly administer and enforce the provisions of § 190-31 of this chapter, as written, including any future amendments thereto.
[Amended 7-11-2006 by L.L. No. 7-2006]
(2) 
To make inspections of buildings, uses or premises; to issue violation notices when appropriate; to issue the appropriate stop-work orders when appropriate; to investigate any and all complaints, and to issue building permits, certificates of occupancy and any or all other appropriate certificates when necessary to do so, including but not limited to well permits and final certificates, septic permits and final certificates, sign permits and any other permits and/or certificates that are authorized by this chapter.
(3) 
To issue appearance tickets/summonses.
(4) 
To file criminal information with all necessary backup required.
(5) 
To commence actions in a court of competent jurisdiction for injunctive or other relief as is appropriate in any given case.
(6) 
The Code Enforcement Officer or his duly authorized assistant shall have the right to enter any building or enter upon any land for which a building permit is in effect at any reasonable hour as necessary in the execution of their duties, provided that:
(a) 
The Code Enforcement Officer shall notify the owner before conducting any inspection, whenever possible.
(b) 
The Code Enforcement Officer or his duly authorized assistant shall, upon commencing an inspection, display identification signed by the Town Clerk.
(c) 
Inspection should be commenced in the presence of or by permission of the owner or his duly authorized representative.
(7) 
The Code Enforcement Officer shall maintain daily files of:
(a) 
All applications for building permits.
(b) 
All building permits whether issued or not.
(c) 
All construction plans or sketches that were submitted with each application.
(d) 
All applications that were submitted for a final certificate of occupancy or other certificates.
(e) 
All certificates of occupancy or other certificates.
(f) 
All daily administrative acts, orders, requirements, decisions, determinations, interpretations, denials or appeal in any given case.
(g) 
All written correspondence whether incoming or outgoing, inter- or intraoffice memorandum, and/or all other pertinent documents involving an administrative act, order, requirement, decision, determination, interpretation, denial or appeal in any given case.
(8) 
The Code Enforcement Officer shall also maintain daily records of each and every complaint of a violation of the provisions of this chapter or any other code, law or regulation that he is charged with administering and enforcing, along with the action taken by him as a result of receiving such a complaint.
(9) 
The Code Enforcement Office shall submit to the Town Board a written monthly report of all building permits and certificates of occupancy or all other certificates issued by him as well as a detailed report of what action was taken by him as a result of such complaints, and its current status.
(a) 
Friday of each week, post a listing of any and all building permits or other permits issued for that week; any and all certificates of occupancy or other certificates issued for that week; any and all nonconforming letters issued for that week; any and all searches filed for and/or conducted for that week. Each individual entry shall include date of issue, identification number of said permit, certificate or search and the fee collected. This weekly listing is to be added to on a weekly basis and is to remain posted on the Eldred Town Hall Bulletin Board.
(b) 
All fees or other monies collected by the Code Enforcement Officer shall be promptly turned over to the Town Clerk.
(c) 
The Code Enforcement Officer shall turn in his mileage vouchers to the Town Clerk on a weekly basis.
(d) 
The Code Enforcement Officer shall fill out an inspection slip for each daily inspection made by him, at the site of the inspection, on triplicate inspection forms. One copy is for the building permit file; the second copy is to be handed to the owner or his representative while on the site, or, posted on the site; the third copy is to be turned in to the Town Clerk at the end of each week with the weekly mileage vouchers.
(10) 
The Code Enforcement Officer or his duly authorized assistant shall appear at all public hearings in which variances are heard as a result of his denial of a building permit, also when he is otherwise requested to do so by the zoning Board of Appeals, Planning Board and/or the Town Board.
(11) 
On a day-to-day basis, if the Code Enforcement Officer has any questions as to how he should proceed in any particular situation, he shall, in the absence of the Town Attorney or the Town Supervisor, contact the Chairman of the Town's Building Committee.

§ 190-34 Violations and penalties.

A. 
Violation of any provision or requirement of this chapter or violation of any statement, plan, application, permit, or certificate approved under the provisions of this chapter shall be considered an offense punishable by a fine of not more than $1,000 or imprisonment for not more than one year for each offense, or both.
B. 
The owner, general agent, or contractor of a building, premises, or part thereof where such violation has been committed or does exist shall be guilty of such an offense.
C. 
An agent, contractor, architect, builder, corporation, or other person who commits, takes part, or assists in such a violation shall also be guilty of such an offense.
D. 
Each and every day that such violation continues after notification that such a violation exists shall constitute a separate offense. Such notice shall be written by the code Enforcement Officer and shall be served by certified mail.
E. 
The imposition of penalties herein prescribed shall not preclude the Town or any person from instituting appropriate legal action or proceeding to prevent unlawful construction, reconstruction, alteration, repair, conversion, maintenance or use, or to restrain, correct or abate a violation or to prevent the illegal occupancy of a building, land or premises.

§ 190-35 Creation, appointment and organization of Zoning Board of Appeals.

A. 
Establishment. Pursuant to the provisions of the Town Law, a Zoning Board of Appeals is herby established in the Town of Highland.
B. 
Appointment. The Board shall consist of five members to be appointed by the Town Board. Their successors, including such additional members as may be appointed by the Town Board, shall be appointed for the term of five years after the expiration of the terms of their predecessors in office.
C. 
Appointment to fill vacancies. Appointments to fill vacancies shall be for the unexpired term of the members whose term or terms become vacant. Such appointment to fill vacancies shall be made in the same manner as the original appointment. The Zoning Board of Appeals may continue to legally operate while vacancies are waiting to be filled provided there are enough members to constitute a quorum.
D. 
General grant of power. The Board shall perform all the duties and have all the powers prescribed by the laws of the State of New York and as herein described.
E. 
Votes necessary for a decision. Three members of the Board shall, regardless of the number of members at a given point, be a quorum for the purposes of conducting any business. The concurring vote of three of the members of the Board shall be necessary to reverse any order, requirement, decision or determination of the Code Enforcement Officer or to decide in favor of the appellant any matter upon which it is required to pass under the terms of this chapter or to effect any variation of this chapter.
[Amended 7-14-2009 by L.L. No. 4-2009]
F. 
Any member of this Board who misses three meetings in a row without having been excused by the Chairman is automatically dropped as a member of this Board.
G. 
Any member of this Board who has not obtained the mandatory four hours of classes offered and recommended by the DPEM in the calendar year shall automatically be dropped as a member of this Board. However, if any member of the Board attends a class, while not recommended by the DPEM, which is approved by the Supervisor, that class shall be counted toward the four hours of classes. This training requirement is set by the New York State Department of State, in Chapter 662 of the Laws of 2006.
[Added 7-14-2009 by L.L. No. 4-2009]

§ 190-36 Power and duties of Board of Appeals.

The Board shall hear and decide appeals pursuant to the provisions of the laws of the State of New York and shall have the following specific powers in regard to:
A. 
Applications for variances. The Board may upon request vary or adapt the strict application of any of the requirements of this chapter where such strict application would result in particular difficulties or unnecessary hardship that would deprive the owner of the reasonable use of the land or building involved.
B. 
Applications for interpretations. The Board shall, upon request, decide any questions involving the interpretation of any provision of this chapter, including determination of the exact location of any district boundary if there is uncertainty with respect thereto.
[Amended by L.L. No. 4-2009]
C. 
Appeals from administrative decisions. The Board shall hear and decide appeals from and review any order, requirement, decision, or determination made by the Code Enforcement Officer in administering this chapter. It shall also hear and decide all matters referred to it or upon which it is required to pass under the provisions of this chapter.

§ 190-37 Board of Appeals procedure.

A. 
General procedures. All applications for variances or interpretations, or appeals from administrative decisions made to the Board shall be in writing on forms prescribed by the Board or provided herein. Every application for a variance and/or interpretation and/or appeal, shall refer by section number to the specific provisions of the law involved, and shall exactly set fourth the variance, interpretation or appeal that is claimed, the present use and the use sought, the ground on which the Board should made a decision and any other pertinent detail, together with the fee prescribed by the Town Board. An appeal must be made 62 days of the action of the administrative official appealed from. The applicant must file a signed notice of appeal with the administrative official from whom the appeal is taken and with the secretary of the Zoning Board of Appeals. All information required thereon shall be complete before an appeal is considered filed. Six copies of the proper appeal form shall be filed with the Board along with a fee to be established by the Town Board.
B. 
Variance requirement. Any property owner, tenant or representative thereof may, in appealing an administrative decision of the Town of Highland with respect to this chapter request a variance from its literal terms. Application for a variance may be made concurrently with application for a building permit and shall be delivered to the Code Enforcement Officer who shall then, on acting upon the permit application, refer the matter to the Zoning Board of Appeals for a decision on the variance request. This shall not, however, preclude an applicant whose permit request has been denied from subsequently requesting a variance in conjunction with an appeal of such action if the appeal has been timely filed. The needs or desires of a particular owner or tenant or of a particular prospective owner or tenant shall not either alone or in conjunction with other factors, afford any basis for the granting of a variance. The fact that the improvements already existing at the time of the application are old. obsolete, outmoded or in disrepair or the fact that the property is unimproved shall not be deemed to make the plight of the property unique or to contribute thereto. Should any appeal involve a change in the boundaries of any district, which change would occur within a distance of 500 feet of the boundary of any other Town or any boundary of a State park or parkway, a copy of the official notice of the public hearing shall be sent to the Town Clerk or the Commissioner of the Regional State Park Commission. Two types of variances may be granted by the Zoning Board of Appeals: area variances and use variances. Area variances involve relief from dimensional or other requirements for existing uses or uses allowed with the district under the terms of this article. Use variances involve a use of land or building not allowed in a district under the terms of this article. Each of the following findings of fact shall be made by the Zoning Board of Appeals prior to granting such variances.
(1) 
Area variances.
(a) 
The strict application of the literal terms of this chapter would present practical difficulties in the use of the property in question from allowed uses. The term "practical difficulties" shall be deemed to exist where:
[1] 
The applicant has proved he cannot make a reasonable use of his land due to its particular size, shape or grade; or
[2] 
Applicant has proved that economic injury will result from literal application of the standards of this Zoning Law and the Town has failed to show that the public health, safety and welfare will be served by upholding the application of the standards and denying the variance.
(b) 
The applicant has proved the variance, if granted, would be the minimum necessary to render relief and the difficulty could not be obviated by some method feasible for the applicant to pursue, other than a variance.
(c) 
The applicant has proved the variance, if granted, will not change the permitted density for the parcel.
(d) 
The applicant has proved the variance, if granted, would not change the character of the district or be a substantial detriment to adjoining properties.
(e) 
The applicant has proved the variance is not requested for reasons of mere inconvenience, aesthetic tastes or more profitable use.
(f) 
The applicant has proved the variance would be consistent with the spirit of this chapter and the Town of Highland Master Plan.
(g) 
The applicant has proved the practical difficulties are not self-created. This requirement shall be strictly enforced and practical difficulties related to properties acquired by the applicant subsequent to the effective date of this chapter shall be deemed self-created.
(2) 
Use variances. The strict application of the literal terms of this chapter would produce unnecessary hardship to the applicant. Unnecessary hardship will be deemed to exist where the applicant has proved:
(a) 
A reasonable return cannot be realized through permitted uses. The applicant shall specifically prove, through independent sources of professional testimony or documentation, that no use permitted by the Zoning Law applicable to that district would yield a reasonable return. The evidence must be specific and address the amount paid for the property, present value, maintenance expenses, taxes, mortgages and encumbrances, income from the land in question and other facts relevant to the particular circumstances of the case. Failure to sell land for a permitted purpose is evidence it will not bring a reasonable return if used for such purposes if the owner has made an active effort to sell. Mere financial loss to the individual owner or inability to achieve the most profitable use of a property shall not be sufficient justification for a variance.
(b) 
The hardship is not self-created.
(c) 
The use, if granted, would not alter the essential character of the district or be a substantial detriment to adjoining properties.
(d) 
The variance is not requested for reasons of mere inconvenience or aesthetic taste.
(e) 
The variance would be consistent with the spirit of this chapter and the Town of Highland Master Plan. No variance shall be granted which would have the effect of redistricting the area and any use granted shall be only for the intent of the district in question.[1]
In reviewing a request for a use variance, the Board may consider the effects of adjacent similar uses, traffic, obsolete improvements, the existence of unusual natural resources and governmental rulings unrelated to zoning.
The burden of proof with a use variance, nonetheless, shall be wholly with the applicant.
In all cases where the Zoning Board of Appeals grants a variance from the strict application of the requirements of this chapter, it shall be the duty of such Board to attach conditions and safeguards as may be required in order that the results of its action may as nearly as possible be in accordance with the spirit and intent of this chapter.
[1]
Editor's Note: Former Subsection B(2)(f), regarding the consistency of the variance with the Master Plan, which immediately followed this subsection, was repealed 7-11-2006 by L.L. No. 7-2006.
C. 
The Town Board, Code Enforcement Officer or Planning Board of the Town of Highland may request the Zoning Board of Appeals to decide any question involving the interpretation of any provision of this chapter and shall refer such other matters to the Board as it is required to decide by the provisions of this law. The Board's rules and regulations shall govern these matters. All matters to be referred to the Zoning Board of Appeals in such circumstances shall be in writing to the Board's Secretary and be acted on within 62 days of the Secretary's receipt of the same. Any property owner, tenant, representative thereof or other person aggrieved by an administrative act of the Town of Highland with respect to this chapter (believing such decision to be in error) may appeal to the Zoning Board of Appeals. An administrative act shall include any order, requirements, decision or determination made by the Code Enforcement Officer. The Board may reverse or affirm wholly or partly, or may modify the order, requirement, decision or determination as in its opinion ought to be made on the premises and to that end shall have all the powers of the official(s) from whom the appeal is taken. The administrative official from whom the appeal is taken shall be responsible, at the direction of the Board, for providing any applicant with the proper forms and for instructing the parties concerned on the proper manner for completing and filing said forms. All information required thereon shall be complete before an appeal is considered filed.
D. 
Hearings.
(1) 
Time of hearing. The Board shall schedule a hearing on appeals on applications within 62 days of filing an application for an appeal.
(2) 
Notice of hearing. The Board shall give notice of the hearing at least five days prior to the date thereof by publication in the official Town paper. In addition, the applicant shall notify by certified mail at least seven calendar days before the hearing to the following: all owners of property which lie adjacent to that owned by the applicant and all other owners within 500 feet of the applicant's property line in any direction. The names of said owner shall be taken as they appear on the last completed tax roll of the Town.
(a) 
Irrelevant or unduly repetitious evidence or cross-examination shall be excluded. Except as otherwise provided by statute, the burden of proof shall be on the part who initiated the proceedings. No decision, determination or order shall be made except upon consideration of the record as a whole or such portion thereof as may be cited by any party to the proceeding and as supported by an in accordance with substantial evidence. Unless other provided by any statute, the Board need not observe the rules of evidence observed by courts, but shall give effect to rules or privilege recognized by law. Objections to evidentiary offers may be made and shall be noted in the record. Subject to these requirements, the Zoning Board of Appeals may, for the purpose of expediting the hearing, and when the interests of parties will not be substantially prejudiced thereby, adopt procedures for the submission of all or part of the evidence in written form.
[Amended 7-14-2009 by L.L. No. 4-2009]
(b) 
All evidence, including records and documents in the possession of the Zoning Board of Appeals may be offered and made a part of the record, and all such documentary evidence may be received in the form of copies of excerpts, or by incorporation by reference. In case of incorporation by reference, the materials so incorporated may be available for examination by the parties before being received in evidence.
(c) 
A party shall have the right of cross-examination.
(d) 
Official notice may be taken of all facts of which judicial notice could be taken and of other facts within the specialized knowledge of the Board. When official notice is taken of a material fact not appearing in the evidence in the record and of which judicial notice could be taken, every party shall be given notice thereof and shall on a timely request be afforded an opportunity prior to the decision to dispute the fact of its materiality.
(3) 
Rehearing. A motion for the Zoning Board of Appeals to hold a rehearing to review any order, decision or determination of the Board not previously heard may be made by any member of the Board. A unanimous vote of all members of the Board then present is required for such rehearing to occur. Such rehearing is subject to the same notice provisions as an original hearing. Upon such rehearing the Board may reverse, modify or annul its original order, decision or determination upon the unanimous vote of all members then present, provided the Board finds that the rights vested in persons acting in good faith in reliance upon the heard order, decision or determination will not be prejudiced thereby. Requests for rehearing, however, shall be made within 30 days of the original order, decision of determination will not be prejudiced thereby.
(4) 
Prior to the date of any public hearing, the Secretary of the Zoning Board of Appeals shall transmit to the Chairman of the Planning Board, a copy of any appeal or application, together with a copy of the notice of such hearing. The Planning Board may submit to the Zoning Board of Appeals, an advisory opinion on said appeal or application at any time prior to the rendering of a decision by the Zoning Board of Appeals.
(5) 
Should any action by the Zoning Board of Appeals involve any of the areas specified in §§ 239-l and 239-m of Article 12-B of the General Municipal Law, then such matter shall be referred prior to final action by the Zoning Board of Appeals to the Sullivan County Planning Department in accordance with that law.
[Amended 7-14-2009 by L.L. No. 4-2009]
(6) 
Every decision of the Zoning Board of Appeals shall be recorded in accordance with standard forms adopted by the Board and shall fully set forth the circumstances of the case and shall contain a full record of the findings on which the decision is based. Every decision of the Board shall be by resolution and each such resolution shall be filed in the office of the Town Clerk by case number under one of the following heads: (1) Interpretation, or (2) Variances; together with all documents pertaining thereto. Regarding its decision in each case, the Zoning Board of Appeals shall notify the Code Enforcement Officer, Town Board, Town Planning Board, and the Municipal Clerk of any affected municipality given notice of hearing.
(7) 
All the provisions of this chapter relating to the Zoning Board of Appeals shall be strictly construed. Said Board as a body of jurisdiction shall act in full conformity with all provisions of law and of this chapter and in strict compliance with all limitations contained therein.
(8) 
Unless construction is commenced and diligently pursued within 12 months of the date of the granting of the variance, such variance shall become null and void, unless an extension is granted by the Zoning Board of Appeals in writing.

§ 190-38 Creation, appointment and organization of Planning Board.

[Amended 7-14-2009 by L.L. No. 4-2009]
A. 
Establishment. Pursuant to the provisions of the Town Law, a Planning Board is hereby established in the Town of Highland.
B. 
Appointment. The Board shall consist of five members to be appointed by the Town Board. Their successors, including such additional members as may be appointed by the Town Board, shall be appointed for the term of five years after the expiration of the terms of their predecessors in office.
C. 
Appointment to fill vacancies. Appointments to fill vacancies shall be for the unexpired term of the members whose term or terms become vacant. Such appointment to fill vacancies shall be made in the same manner as the original appointment. The Planning Board may continue to legally operate while vacancies are waiting to be filled, provided there are enough members to constitute a quorum.
D. 
General grant of power. The Board shall perform all the duties and have all the power prescribed by the laws of the State of New York and as herein described.
E. 
Votes necessary for a decision. Three members of the Board shall, regardless of the number of members at a given point, be a quorum for the purposes of conducting any business.
F. 
Any member of this Board who misses three meetings in a row without having been excused by the Chairman is automatically dropped as a member of the Board.
G. 
Any member of this Board who has not obtained the mandatory four hours of classes recommended by the County Planning Board in the calendar year shall automatically be dropped as a member of this Board. However, if any member of the Board attends a class, while not recommended by the County Planning Board, which is approved by the Supervisor, that class shall be counted toward the four hours of classes.

§ 190-39 Special permitted uses and site plan approval.

A. 
General provisions. In every case where a special use permit is required the Planning Board shall issue such permit only after:
(1) 
A determination by the Planning Board is made regarding a public hearing, and if necessary, one is held. A public hearing may be dispensed with where adequate proof is submitted that the intended use is consistent with all the standards detailed. If a public hearing is held, it must be within 62 days after an application is made, on five days' public notice. The Planning Board must render its decision within 62 days after the public hearing or 62 days after filing if no public hearing is held. In the event of a denial, the applicant and Zoning Board of Appeals shall receive written notice of said denial and of the supporting reasons.
[Amended 7-14-2009 by L.L. No. 4-2009]
(2) 
All State Environmental Quality Review Act (SEQR) requirements have been fulfilled.
B. 
Required plan. Application for a special use permit shall be accompanied by seven sets of preliminary plans and/or other descriptive matter to clearly portray intentions of the owner. These documents shall become a part of the record. Such plans shall show location of all buildings, parking, traffic access and circulation drives, open spaces, landscaping, exterior lighting, all existing structures and uses within 200 feet of the site boundaries, and any other information necessary to determine if the proposed special use meets the requirements of this chapter.
C. 
Expiration. Unless construction is commenced and diligently pursued within 12 months of the date granting a special use permit, such permit shall be expired and become null and void.
[Amended 7-14-2009 by L.L. No. 4-2009]
D. 
Standards applicable to all special permitted uses. All special permitted uses require site plan review and a public hearing; however, the public hearing may be waived at the option of the Planning Board if all the following standards and conditions have been satisfied:
(1) 
Location, use and size of structure, nature and intensity of operations involved, size of site in relation to it, and location of site with respect to existing or future street giving access, are such that it will be in harmony with orderly development of the district.
(2) 
Location, nature and height of buildings, walls, fences and signs shall not discourage the appropriate development and use of adjacent land and buildings or impair their value.
[Amended 7-14-2009 by L.L. No. 4-2009]
(3) 
Operation of any special use shall not be more objectionable to nearby properties by reason of noise, fumes, vibration, or lighting than would be the operation of any permitted use.
(4) 
Necessary provisions have been made to assure that all surface runoff to adjacent properties does not exceed levels in existence prior to construction.
(5) 
Solar access of adjacent properties is not obstructed by said use.
(6) 
In addition, when making a determination concerning a special use within a floodplain area, the Planning Board shall consider the following factors:[1]
(a) 
The danger to life and property due to increased flood velocities caused by encroachments.
(b) 
The danger that materials may be swept onto other lands to the injury of others.
(c) 
The susceptibility of the proposed facility and its contents to flood damages and the effect of the damages on the individual owners.
(d) 
The importance of the services provided by the proposed facility to the community.
(e) 
The availability of alternative locations, not subject to flooding damages, for the proposed use.
(f) 
The compatibility of the proposed use with existing and anticipated development.
(g) 
The safety of access to the property in times of flood for ordinary and emergency vehicles.
(h) 
The expected height, velocity, duration, rate of rise and sediment transport of the flood waters expected at the site.
(i) 
The cost of providing governmental services during and after the flood conditions, including maintenance and repair of public utilities and facilities such as sewer, electric and water systems, and streets and bridges.
If said conditions and structures are not met, a public hearing shall be undertaken in accordance with site plan review procedures.
No special use permit shall be issued for a use on a property where there is an existing violation after enactment of this chapter.
[1]
Editor's Note: See also Ch. 70, Flood Damage Prevention.
E. 
Site plan review and approval.
[Amended 2-9-2016 by L.L. No. 1-2016]
All principal uses except single-family homes shall require site plan approval before the issuance of a permit, and no building development or site work of any sort shall be conducted prior to or shall be carried out except in conformity with such approval and its conditions.
The Planning Board, at a public meeting, shall, pursuant to Town Law § 274-a(1)(a) review and approve, or approve with conditions or disapprove site plans before a building permit is issued.
Submission of site plan and supporting data. The owner shall submit an acceptable site plan (to be rendered by a professional architect, licensed engineer or licensed surveyor) and supporting date to the Planning Board a minimum 10 days prior to the monthly meeting. (On existing buildings or additions the Planning Board may waive the need for an architect, professional engineer or licensed land surveyor and any supporting data that they deem not necessary to a particular application.)
The following information presented in drawn form and accompanied by written text shall be included:
(1) 
Survey of property showing existing features, including contours, large trees, watercourses, significant natural and man-made features, buildings, structures, streets, utility easements, rights-of-way, land use, and property ownership.
(2) 
Site plan, drawn to scale, showing proposed lots; blocks; building locations; utility, access and other easements; streets; rights-of-way; and land use areas.
(3) 
Traffic circulation, parking and loading spaces and other pedestrian walks.
(4) 
Landscaping plans, including site grading, landscaping design, open space and parks.
(5) 
Preliminary architectural drawings for buildings to be constructed, including floor plans, exterior elevations and sections.
(6) 
Preliminary engineering plans, including street improvements, storm drainage, water supply and sanitary sewer facilities.
(7) 
Engineering feasibility study of any anticipated problem which might arise due to proposed development as may be required by the Planning Board.
(8) 
Construction sequence and time schedule for completion of each phase for buildings, parking and landscaped areas.
(9) 
Description of proposed uses, including hours of operation, and expected number of employees, volumes of business and volumes of traffic generated.
(10) 
New projects may be signed off by emergency services, fire officials and the constables, at the Planning Board's sole discretion.
F. 
Approval or denial. The Planning Board shall review the site plan and supporting data before approval, approval with stated conditions, or denial is given, having taken into consideration the following:
[Amended 7-14-2009 by L.L. No. 4-2009]
(1) 
Harmonious relationship between proposed uses and existing adjacent uses.
(2) 
Maximum safety of vehicular circulation between the site and street.
(3) 
Traffic circulation, parking and loading spaces and other pedestrian walks.
(4) 
Landscaping plans, including site grading, landscaping design, open space and parks.
(5) 
Preliminary architectural drawings for buildings to be constructed, including floor plans, exterior elevations and sections.
(6) 
Preliminary engineering plans, including street improvements, storm drainage, water supply and sanitary sewer facilities.
(7) 
Engineering feasibility study of any anticipated problem which might arise due to proposed development as may be required by the Planning Board.
(8) 
Construction sequence and time schedule for completion of each phase for buildings, parking and landscaped areas.
(9) 
Description of proposed uses, including hours of operation, and expected number of employees, volume of business and volume of traffic generated.
(10) 
New projects may be signed off by emergency services, fire officials and the constables, at the Planning Board's sole discretion.
(11) 
Adequacy of vehicular circulation as it impacts fire truck and emergency vehicle access.
(12) 
Adequacy of landscaping and setbacks to achieve compatibility with, and protection of, adjacent uses.
(13) 
Factors deemed necessary by the Planning Board for the health, safety and welfare of the public.
The Planning Board may require changes or additions in relation to yards, driveways, and landscaping, to ensure safety, to minimize traffic difficulties, and to safeguard adjacent properties. Should other changes or additional facilities be required by the Board, final approval of site plan shall be conditional upon satisfactory compliance with those changes or additions by the owner.
Any owner wishing to make changes in an approved site plan shall submit a revised site plan to the Planning Board for review and approval.
Final determination shall be rendered within 62 days of said public hearing.
G. 
Effect of site development plan approval. No building permit shall be issued for any building or structure covered by this section until an approved site development plan or approved amendment of any such plan has been secured by the applicant from the Planning Board and presented to the Code Enforcement Officer.
(1) 
No certificate of occupancy shall be issued for any building or structure or use of land covered by this section unless the building or structure is completed or the land is developed or used in accordance with an approved site development plan or approved amendment of any such plan.
(2) 
The Planning Board shall have the authority to impose such reasonable conditions and restrictions as are directly related to and incidental to a proposed site plan. Upon its approval of said site plan, any such conditions must be met in connection with the issuance of permits by the Code Enforcement Officer of the Town. Such conditions must be attached to the certificate of occupancy as maintained in the records of the office of the Code Enforcement Officer.
H. 
Presubmission conference. Prior to the submission of a site development plan, the applicant shall meet in person with the Planning Board, the purpose of such conference shall be to discuss proposed uses or development in order to determine which of the site development plan elements listed herein as required shall be submitted to the Planning Board in order for said Board to determine conformity with the provisions and intent of this chapter.
(1) 
Within six months following the pre-submission conference, the site development plan and any related information shall be submitted by applicant to the Code Enforcement Officer in triplicate at least 16 days prior to the Planning Board meeting at which approval is requested. If applicant does not submit same to the Code Enforcement Officer within this six-month period, another presubmission conference shall be required.
(2) 
The Code Enforcement Officer shall certify on each site development plan or amendment whether or not the plan meets the requirements of all provisions, other than those of this section regarding site development plan approval.
(3) 
The Code Enforcement Officer shall retain one copy and transmit two copies of the certified site development plan to the Chairman of the Planning Board at least seven days prior to the Planning Board meeting at which approval is requested.
(4) 
The Planning Board shall act to approve, approve with conditions, disapprove or schedule a site plan hearing within 62 days of submission of a completed application. Failure to act within 62 days after the meeting at which approval is requested shall be deemed as approval. Planning Board disapproval shall include written findings upon any site development plan element found contrary to the provision or intent of this chapter. In reviewing the application, the Planning Board may secure the advice or assistance of one or more expert consultants as qualified to advise as to whether a proposed use will conform to the requirements of this chapter. Such consultant shall report whether or not the use applied for will be operated in conformance with the performance standards and, if not, what modification in design or operation would be necessary for conformance. A copy of the report by such consultants shall be furnished to the Planning Board, Code Enforcement Officer, and applicant. The cost for all consultants shall be paid by the developer. Such consultants shall report whether or not the use applied for meets the criteria established under site plan approval and, if not, what modification in design or operation would be necessary for conformance.
[Amended 7-14-2009 by L.L. No. 4-2009]
(5) 
Amendment to a site development plan shall be acted upon in the same manner as the approval of the original plan.
I. 
Site development plan elements. The applicant shall cause a site development plan to be prepared by a licensed engineer or land surveyor, unless the requirement of such professional preparation is waived by the Planning Board. Site development plan elements shall include those listed below which are appropriate to the proposed development or use as indicated by the Planning Board in the presubmission conference.
(1) 
Legal data.
(a) 
Section, block and lot number of the property taken from the latest assessment records.
(b) 
Name and address of the owner of record.
(c) 
Name and address of person, firm, or organization preparing the map.
(d) 
Date, North point, and written and graphic scale.
(e) 
Sufficient description or information to define precisely the boundaries of the property. All distances shall be in feet and tenths of a foot. All angles shall be given to the nearest 10 seconds or closer. The error of closure shall not exceed one in 10,000.
(f) 
The locations and owners of all adjoining lands as shown on the latest tax records.
(g) 
The locations, names, and existing widths of adjacent streets and curblines.
(h) 
Location, width, and purpose of all existing and proposed easements, setbacks, reservations, and areas dedicated to public use within or adjoining the property.
(i) 
A complete outline of existing deed restrictions or covenants applying to the property.
(j) 
Existing zoning.
(2) 
Natural features.
(a) 
Existing contours with intervals of five feet or less, referred to a datum satisfactory to the Board.
(b) 
Approximate boundaries of any areas subject to flooding or stormwater overflows.
(c) 
Location of existing watercourses, marshes, wooded areas, rock outcrops, isolated trees with a diameter of eight inches or more measured three feet above the base of the trunk, and other significant existing features.
(3) 
Existing structures and utilities.
(a) 
Location of uses and outlines of structures drawn to scale on and within 100 feet of the lot line.
(b) 
Paved areas, sidewalks, and vehicular access between the site and abutting streets.
(c) 
Locations, dimensions, grades and flow direction of existing culverts, water lines as well as other underground and aboveground utilities within and adjacent to the property.
(d) 
Other existing development, including fences, landscaping, and screening.
(4) 
Proposed development.
(a) 
The location of proposed buildings or structural improvements.
(b) 
The location and design of all uses not requiring buildings or structures, such as off-street parking and loading areas.
(c) 
The location, direction, power and time of use for any proposed outdoor lighting or public address system.
(d) 
The location and plans for any outdoor signs.
(e) 
The location and arrangement of proposed means of access and egress, including sidewalks, driveways, or other paved areas. Profiles indicating grading and cross-sections showing width of roadway, location and width of sidewalks, and location and size of water and sewer lines.
(f) 
Any proposed grading, screening and other landscaping, including types and location of proposed street trees.
(g) 
The location of all water lines, valves and hydrants and of all sewer lines or alternative means of water supply and sewage disposal and treatment.
(h) 
An outline of any proposed deed restrictions or covenants.
(i) 
Any contemplated public improvements on or adjoining the property.
(j) 
If the site development plan only indicates a first stage, a supplementary plan shall indicate ultimate development.
(5) 
Any other information deemed by the Planning Board necessary to determine conformity of the site plan with the intent and regulations of this chapter.
J. 
Notice of hearing — zoning appeals.
(1) 
The Board shall give notice of the hearing at least five days prior to the date thereof by publication in the official Town newspaper. In addition, the applicant shall notify by certified mail at least seven calendar days before the hearing to the following: All owners of property which lie adjacent to that owned by the applicant and all other owners within 500 feet of the applicant's property line in any direction. The names of said owners shall be taken as they appear on the last complete tax roll of the Town.
(2) 
The Planning Board shall hold a public hearing within 62 days after receipt of a complete application. Within 62 days after the public hearing, the Board must render a decision. Failure to act within 62 days after the public hearing shall be deemed approval. In reviewing the application, the Planning Board may secure the advice or assistance of one or more lawyers, planners, engineers, or other expert consultants qualified to advise as to whether a proposed use will conform to the requirements of this chapter. The cost for all consultants shall be borne by the applicant. The consultants shall report whether or not the use applied for meets the criteria established under site plan approval and, if not, what modifications in design or operation would be necessary for conformance.
[Amended 7-14-2009 by L.L. No. 4-2009]

§ 190-40 Amendments.

A. 
This chapter or any part thereof, may be amended, supplemented, or repealed from time to time by the Town Board on its own motion or upon recommendation by the Planning Board. Prior to public hearing, every such proposed amendment shall be referred by the Town Board to the Planning Board for a report. The Town Board shall not take action on any such amendment without such report from the Planning Board unless the Planning Board fails for any reason to render such report within 62 days after its next regularly scheduled meeting following the date of such referral.
B. 
Report of the Planning Board. In making such report on a proposed amendment, the Planning Board shall make inquiry and determination concerning the items specified below:
(1) 
Concerning a proposed amendment to or change in text of this chapter:
(a) 
Whether such change is consistent with the aims and principles embodied in the Laws as to the particular districts concerned.
(b) 
Which areas, land uses, buildings, and establishments in the Town will directly be affected by such change and in what way they will be affected.
(c) 
The indirect implications of such change in its effect on other regulations.
(2) 
Concerning a proposed amendment involving a change in the Zoning Map:
(a) 
Whether the uses are permitted by the proposed Article 16 of the Town Law.
(b) 
Whether adequate public school facilities and other public services exist or can be created to serve the needs of any additional residences likely to be constructed as a result of such change.
(c) 
Whether the proposed change is in accord with any existing or proposed plans in the Town.
(d) 
The effect of the proposed amendment upon the growth of the Town.
(e) 
Whether the proposed amendment is likely to result in an increase or decrease in the total zoned residential capacity of the Town and the probable effect thereof.
C. 
Should any proposed amendment consist of or include any change in the boundaries of any district, which change would occur within a distance of 500 feet of the boundary of any Town, county or state park or parkway, the Town Clerk shall transmit to the designated office or official a copy of the official notice of the public hearing not later than 10 days prior to the date of the hearing. The designated official for the county shall be the Clerk of the County Legislature. In villages and towns, the designated official shall be the clerk of the municipality. The designated official for state parks and parkways is the Regional State Park Commissioner.
[Amended 7-14-2009 by L.L. No. 4-2009]
D. 
Should any proposed amendment consist of or include any of the following conditions, the Town Clerk shall, prior to final action, refer the proposed amendment to the Sullivan County Planning Department in accordance with §§ 239-l and 239-m of Article 12-B of the General Municipal Law.
(1) 
Any change in the district classification of or the regulations applying to real property lying within a distance of 500 feet from:
(a) 
The boundary of any village or Town.
(b) 
The boundary of any existing or proposed county or state park or other recreational areas.
(c) 
The right-of-way of any existing or proposed county or state parkway, thruway, expressway, road or highway.
(d) 
The right-of-way of any existing or proposed stream or drainage channel owned by the county or for which the county has established channel lines.
(e) 
The boundary of any existing or proposed county- or state-owned land on which a public building or institution is situated.
E. 
In the case of protest against any amendment, such amendment shall not become effective except in accordance with the provisions of the Town Law.

§ 190-41 Interpretation.

In their interpretation and application, the provisions of this chapter shall be held to be the minimum requirements adopted for the promotion of the public health, safety, comfort, convenience and general welfare. Except where specifically provided to the contrary, it is not intended by this chapter to repeal, abrogate, annul or in any way to impair or interfere with any rules, regulations or permits previously adopted or issued pursuant to law relating to the use or building structures, shelter or premises; nor is it intended by this chapter to interfere with or abrogate or annul any easements, covenants, or other agreements between parties; provided, however, that where this chapter imposes a greater restriction upon the use of a building or premises, or requires larger open spaces that are imposed or required by any other statue, ordinance, law, rule, regulation or permit, or by any easement or agreement, the provisions of this shall control.

§ 190-42 Enforcement.

The enforcement of this Zoning Law shall be the responsibility of the Code Enforcement Officer, the Town Constables, where applicable, the Town Board, and the court or courts of appropriate jurisdiction, including the Court of the Town Justice.